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

As Re-Reported by the House Education Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 316

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

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

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

(B) Employees of any state college or university;

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

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

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

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

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

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

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

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

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

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

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

(a) The standards shall specify the following:

176

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

321

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

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

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

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

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

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

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

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

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

353

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

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

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

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

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

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

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

(a) An advanced level of skill;

380

(b) A proficient level of skill;

381

382

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Expulsion rates;

622

(i) Suspension rates;

623

(j) Dropout rates;

624

(k) Rates of retention in grade;

625

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J) As used in this section:

882

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

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

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

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

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

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

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

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

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

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

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

933

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

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

937

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1063

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

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

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

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

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

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

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

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

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

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

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

1148

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Performance of students by age group;

1478

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

1479

1480

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1672

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

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

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

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

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

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

(4) When all of the following have occurred:

1709

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F) As used in this section:

1916

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) ~~Age~~Grade level;

2283

(2) Race and ethnicity;

2284

(3) Gender;

2285

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

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

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

(7) Economically disadvantaged students.

2292

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

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

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

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

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

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

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

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

(4) As used in this division:

2368

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2552

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2645

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

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

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

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

(d) All of the following apply:

2664

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Small group instruction;

2757

(ii) Reduced teacher-student ratios;

2758

(iii) More frequent progress monitoring;

2759

(iv) Tutoring or mentoring;

2760

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

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

2763

(vii) Summer reading camps.

2764

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

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

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

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

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

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

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

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

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

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

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

(a) Assists students to read at grade level;

2809

(b) Provides scientifically based and reliable assessment;

2810

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

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

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

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

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

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

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

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

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

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

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

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

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

2857

(1) "Truant" means absent without excuse.

2858

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

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

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

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

(2) Advanced placement courses;

2886

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3010

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

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

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

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

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

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

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

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

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

3069

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

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

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

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

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

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

3103

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

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

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

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

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

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

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

(1) Water;

3129

(2) Milk;

3130

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

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

(1) Water;

3137

(2) Milk;

3138

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

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

(1) Water;

3145

(2) Milk;

3146

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

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

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

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

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

3162

~~(2) A vending machine located on school property that does~~	3163
~~not sell only milk or reimbursable meals;~~	3164

~~(3) A store operated by the school, a student association, or~~	3165
~~other school-sponsored organization.~~	3166

Sec. 3313.842. (A) The boards of education or governing	3167
authorities of any two or more school districts or community	3168
schools may enter into an agreement for joint or cooperative	3169
establishment and operation of any educational program including	3170
any class, course, or program that may be included in a school	3171
district's or community school's graded course of study and staff	3172
development programs for teaching and nonteaching school	3173
employees. Each school district or community school that is party	3174
to such an agreement may contribute funds of the district or	3175
school in support of the agreement and for the establishment and	3176
operation of any educational program established under the	3177
agreement. The agreement shall designate one of the districts or	3178
community schools as responsible for receiving and disbursing the	3179
funds contributed by the parties to the agreement.	3180

(B) Notwithstanding sections 3313.48 and 3313.64 of the	3181
Revised Code, any school district that is party to an agreement	3182
for joint or cooperative establishment and operation of an	3183
educational program may charge fees or tuition for students who	3184
participate in the program and are entitled to attend school in	3185
the district under section 3313.64 or 3313.65 of the Revised Code.	3186
Except as otherwise provided in division ~~(H)~~(G) of section 3321.01	3187
of the Revised Code, no community school that is party to the	3188
agreement shall charge fees or tuition for students who	3189
participate in the program and are reported by the school under	3190
division (B)(2) of section 3314.08 of the Revised Code.	3191

Sec. 3313.843. (A) Notwithstanding division (D) of section	3192
3311.52 of the Revised Code, this section does not apply to any	3193
cooperative education school district.	3194

(B)(1) The board of education of each city, exempted village,	3195
or local school district with an average daily student enrollment	3196
of sixteen thousand or less, reported for the district on the most	3197
recent report card issued under section 3302.03 of the Revised	3198
Code, shall enter into an agreement with the governing board of an	3199
educational service center, under which the educational service	3200
center governing board will provide services to the district.	3201

(2) The board of education of a city, exempted village, or	3202
local school district with an average daily student enrollment of	3203
more than sixteen thousand may enter into an agreement with the	3204
governing board of an educational service center, under which the	3205
educational service center governing board will provide services	3206
to the district.	3207

(3) Services provided under an agreement entered into under	3208
division (B)(1) or (2) of this section shall be specified in the	3209
agreement, and may include any of the following: supervisory	3210
teachers; in-service and continuing education programs for	3211
district personnel; curriculum services; research and development	3212
programs; academic instruction for which the governing board	3213
employs teachers pursuant to section 3319.02 of the Revised Code;	3214
assistance in the provision of special accommodations and classes	3215
for students with disabilities; or any other services the district	3216
board and service center governing board agree can be better	3217
provided by the service center and are not provided under an	3218
agreement entered into under section 3313.845 of the Revised Code.	3219
Services included in the agreement shall be provided to the	3220
district in the manner specified in the agreement. The district	3221
board of education shall reimburse the educational service center	3222
governing board pursuant to section 3317.11 of the Revised Code.	3223

Beginning with the 2012-2013 school year, the board of any	3224
district described in division (B)(2) of this section may elect	3225
not to receive the supervisory services for which supervisory	3226
units are paid under division (B) of section 3317.11 of the	3227
Revised Code, provided that election is specified in the	3228
agreement.	3229

(C) Any agreement entered into pursuant to this section shall	3230
be filed with the department of education by the first day of July	3231
of the school year for which the agreement is in effect.	3232

(D)(1) An agreement for services from an educational service	3233
center entered into under this section may be terminated by the	3234
school district board of education, at its option, by notifying	3235
the governing board of the service center by March 1, 2012, or by	3236
the first day of January of any odd-numbered year thereafter, that	3237
the district board intends to terminate the agreement in that	3238
year, and that termination shall be effective on the thirtieth day	3239
of June of that year. The failure of a district board to notify an	3240
educational service center of its intent to terminate an agreement	3241
by March 1, 2012, shall result in renewal of the existing	3242
agreement for the following school year. Thereafter, the failure	3243
of a district board to notify an educational service center of its	3244
intent to terminate an agreement by the first day of January of an	3245
odd-numbered year shall result in renewal of the existing	3246
agreement for the following two school years.	3247

(2) If the school district that terminates an agreement for	3248
services under division (D)(1) of this section is also subject to	3249
the requirement of division (B)(1) of this section, the district	3250
board shall enter into a new agreement with ~~a different~~any	3251
educational service center so that the new agreement is effective	3252
on the first day of July of that same year.	3253

Sec. 3313.845. The board of education of a city, exempted	3254
village, or local school district and the governing board of an	3255
educational service center may enter into an agreement under which	3256
the educational service center will provide services to the school	3257
district. Services provided under the agreement and the amount to	3258
be paid for such services shall be mutually agreed to by the	3259
district board of education and the service center governing	3260
board, and shall be specified in the agreement. Payment for	3261
services specified in the agreement shall be made pursuant to	3262
division (D) of section 3317.11 of the Revised Code and shall not	3263
include any deduction under division (B), (C), or (F) of that	3264
section. Any agreement entered into pursuant to this section shall	3265
be valid only if a copy is filed with the department of education	3266
~~by the first day of the school year for which the agreement is in~~	3267
~~effect~~.	3268

The authority granted under this section to the boards of	3269
education of city, exempted village, and local school districts is	3270
in addition to the authority granted to such boards under section	3271
3313.843 of the Revised Code.	3272

Sec. 3313.847. In the case of a child placed in the custody	3273
of a juvenile facility established under section 2151.65 or a	3274
detention facility established under section 2152.41 of the	3275
Revised Code, if that facility contracts directly with an	3276
educational service center for services for that child, the	3277
service center may submit its request for payment for services for	3278
the child directly to the school district that is responsible to	3279
bear the cost of educating the child, as determined under section	3280
2151.362 of the Revised Code. That district shall pay the service	3281
center directly for those services. Notwithstanding anything to	3282
the contrary in section 3317.03 of the Revised Code, the district	3283
that pays a service center for services for a particular child	3284
under this section shall include that child in the district's	3285
average daily membership as reported under division (A) of section	3286
3317.03 of the Revised Code. No other district shall include the	3287
child in its average daily membership.	3288

Sec. 3313.978. (A) Annually by the first day of November,	3289
the superintendent of public instruction shall notify the pilot	3290
project school district of the number of initial scholarships that	3291
the state superintendent will be awarding in each of grades	3292
kindergarten through twelve.	3293

The state superintendent shall provide information about the	3294
scholarship program to all students residing in the district,	3295
shall accept applications from any such students until such date	3296
as shall be established by the state superintendent as a deadline	3297
for applications, and shall establish criteria for the selection	3298
of students to receive scholarships from among all those applying	3299
prior to the deadline, which criteria shall give preference to	3300
students from low-income families. For each student selected, the	3301
state superintendent shall also determine whether the student	3302
qualifies for seventy-five or ninety per cent of the scholarship	3303
amount. Students whose family income is at or above two hundred	3304
per cent of the maximum income level established by the state	3305
superintendent for low-income families shall qualify for	3306
seventy-five per cent of the scholarship amount and students whose	3307
family income is below two hundred per cent of that maximum income	3308
level shall qualify for ninety per cent of the scholarship amount.	3309
The state superintendent shall notify students of their selection	3310
prior to the fifteenth day of January and whether they qualify for	3311
seventy-five or ninety per cent of the scholarship amount.	3312

(1) A student receiving a pilot project scholarship may	3313
utilize it at an alternative public school by notifying the	3314
district superintendent, at any time before the beginning of the	3315
school year, of the name of the public school in an adjacent	3316
school district to which the student has been accepted pursuant to	3317
section 3327.06 of the Revised Code.	3318

(2) A student may decide to utilize a pilot project	3319
scholarship at a registered private school in the district if all	3320
of the following conditions are met:	3321

(a) By the fifteenth day of February of the preceding school	3322
year, or at any time prior to the start of the school year, the	3323
parent makes an application on behalf of the student to a	3324
registered private school.	3325

(b) The registered private school notifies the parent and the	3326
state superintendent as follows that the student has been	3327
admitted:	3328

(i) By the fifteenth day of March of the preceding school	3329
year if the student filed an application by the fifteenth day of	3330
February and was admitted by the school pursuant to division (A)	3331
of section 3313.977 of the Revised Code;	3332

(ii) Within one week of the decision to admit the student if	3333
the student is admitted pursuant to division (C) of section	3334
3313.977 of the Revised Code.	3335

(c) The student actually enrolls in the registered private	3336
school to which the student was first admitted or in another	3337
registered private school in the district or in a public school in	3338
an adjacent school district.	3339

(B) The state superintendent shall also award in any school	3340
year tutorial assistance grants to a number of students equal to	3341
the number of students who receive scholarships under division (A)	3342
of this section. Tutorial assistance grants shall be awarded	3343
solely to students who are enrolled in the public schools of the	3344
district in a grade level covered by the pilot project. Tutorial	3345
assistance grants may be used solely to obtain tutorial assistance	3346
from a provider approved pursuant to division (D) of section	3347
3313.976 of the Revised Code.	3348

All students wishing to obtain tutorial assistance grants	3349
shall make application to the state superintendent by the first	3350
day of the school year in which the assistance will be used. The	3351
state superintendent shall award assistance grants in accordance	3352
with criteria the superintendent shall establish. For each student	3353
awarded a grant, the state superintendent shall also determine	3354
whether the student qualifies for seventy-five or ninety per cent	3355
of the grant amount and so notify the student. Students whose	3356
family income is at or above two hundred per cent of the maximum	3357
income level established by the state superintendent for	3358
low-income families shall qualify for seventy-five per cent of the	3359
grant amount and students whose family income is below two hundred	3360
per cent of that maximum income level shall qualify for ninety per	3361
cent of the grant amount.	3362

(C)(1) In the case of basic scholarships for students in	3363
grades kindergarten through eight, the scholarship amount shall	3364
not exceed the lesser of the tuition charges of the alternative	3365
school the scholarship recipient attends or three thousand dollars	3366
before fiscal year 2007, three thousand four hundred fifty dollars	3367
in fiscal year 2007 through fiscal year 2011, and four thousand	3368
two hundred fifty dollars in fiscal year 2012 and thereafter.	3369

In the case of basic scholarships for students in grades nine	3370
through twelve, the scholarship amount shall not exceed the lesser	3371
of the tuition charges of the alternative school the scholarship	3372
recipient attends or two thousand seven hundred dollars before	3373
fiscal year 2007, three thousand four hundred fifty dollars in	3374
fiscal year 2007 through fiscal year 2011, and five thousand	3375
dollars in fiscal year 2012 and thereafter.	3376

(2) The state superintendent shall provide for an increase in	3377
the basic scholarship amount in the case of any student who is a	3378
mainstreamed student with a disability and shall further increase	3379
such amount in the case of any separately educated student with a	3380
disability. Such increases shall take into account the	3381
instruction, related services, and transportation costs of	3382
educating such students.	3383

(3) In the case of tutorial assistance grants, the grant	3384
amount shall not exceed the lesser of the provider's actual	3385
charges for such assistance or:	3386

(a) Before fiscal year 2007, a percentage established by the	3387
state superintendent, not to exceed twenty per cent, of the amount	3388
of the pilot project school district's average basic scholarship	3389
amount;	3390

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

3391

(4) No scholarship or tutorial assistance grant shall be	3392
awarded unless the state superintendent determines that	3393
twenty-five or ten per cent, as applicable, of the amount	3394
specified for such scholarship or grant pursuant to division	3395
(C)(1), (2), or (3) of this section will be furnished by a	3396
political subdivision, a private nonprofit or for profit entity,	3397
or another person. Only seventy-five or ninety per cent of such	3398
amounts, as applicable, shall be paid from state funds pursuant to	3399
section 3313.979 of the Revised Code.	3400

(D)(1) Annually by the first day of November, the state	3401
superintendent shall estimate the maximum per-pupil scholarship	3402
amounts for the ensuing school year. The state superintendent	3403
shall make this estimate available to the general public at the	3404
offices of the district board of education together with the forms	3405
required by division (D)(2) of this section.	3406

(2) Annually by the fifteenth day of January, the chief	3407
administrator of each registered private school located in the	3408
pilot project district and the principal of each public school in	3409
such district shall complete a parental information form and	3410
forward it to the president of the board of education. The	3411
parental information form shall be prescribed by the department of	3412
education and shall provide information about the grade levels	3413
offered, the numbers of students, tuition amounts, achievement	3414
test results, and any sectarian or other organizational	3415
affiliations.	3416

(E)(1) Only for the purpose of administering the pilot	3417
project scholarship program, the department may request from any	3418
of the following entities the data verification code assigned	3419
under division (D)(2) of section 3301.0714 of the Revised Code to	3420
any student who is seeking a scholarship under the program:	3421

(a) The school district in which the student is entitled to	3422
attend school under section 3313.64 or 3313.65 of the Revised	3423
Code;	3424

(b) If applicable, the community school in which the student	3425
is enrolled;	3426

(c) The independent contractor engaged to create and maintain	3427
data verification codes.	3428

(2) Upon a request by the department under division (E)(1) of	3429
this section for the data verification code of a student seeking a	3430
scholarship or a request by the student's parent for that code,	3431
the school district or community school shall submit that code to	3432
the department or parent in the manner specified by the	3433
department. If the student has not been assigned a code, because	3434
the student will be entering kindergarten during the school year	3435
for which the scholarship is sought, the district shall assign a	3436
code to that student and submit the code to the department or	3437
parent by a date specified by the department. If the district does	3438
not assign a code to the student by the specified date, the	3439
department shall assign a code to the student.	3440

The department annually shall submit to each school district	3441
the name and data verification code of each student residing in	3442
the district who is entering kindergarten, who has been awarded a	3443
scholarship under the program, and for whom the department has	3444
assigned a code under this division.	3445

(3) The department shall not release any data verification	3446
code that it receives under division (E) of this section to any	3447
person except as provided by law.	3448

(F) Any document relative to the pilot project scholarship	3449
program that the department holds in its files that contains both	3450
a student's name or other personally identifiable information and	3451
the student's data verification code shall not be a public record	3452
under section 149.43 of the Revised Code.	3453

(G)(1) The department annually shall compile the scores	3454
attained by scholarship students enrolled in registered private	3455
schools on the assessments administered to the students pursuant	3456
to division (A)(11) of section 3313.976 of the Revised Code. The	3457
scores shall be aggregated as follows:	3458

(a) By school district, which shall include all scholarship	3459
students residing in the pilot project school district who are	3460
enrolled in a registered private school and were required to take	3461
an assessment pursuant to division (A)(11) of section 3313.976 of	3462
the Revised Code;	3463

(b) By registered private school, which shall include all	3464
scholarship students enrolled in that school who were required to	3465
take an assessment pursuant to division (A)(11) of section	3466
3313.976 of the Revised Code.	3467

(2) The department shall disaggregate the student performance	3468
data described in division (G)(1) of this section according to the	3469
following categories:	3470

(a) ~~Age~~Grade level;

3471

(b) Race and ethnicity;

3472

3473

(d) Students who have participated in the scholarship program	3474
for three or more years;	3475

(e) Students who have participated in the scholarship program	3476
for more than one year and less than three years;	3477

(f) Students who have participated in the scholarship program	3478
for one year or less;	3479

(g) Economically disadvantaged students.

3480

(3) The department shall post the student performance data	3481
required under divisions (G)(1) and (2) of this section on its web	3482
site and shall include that data in the information about the	3483
scholarship program provided to students under division (A) of	3484
this section. In reporting student performance data under this	3485
division, the department shall not include any data that is	3486
statistically unreliable or that could result in the	3487
identification of individual students. For this purpose, the	3488
department shall not report performance data for any group that	3489
contains less than ten students.	3490

(4) The department shall provide the parent of each	3491
scholarship student enrolled in a registered private school with	3492
information comparing the student's performance on the assessments	3493
administered pursuant to division (A)(11) of section 3313.976 of	3494
the Revised Code with the average performance of similar students	3495
enrolled in the building operated by the pilot project school	3496
district that the scholarship student would otherwise attend. In	3497
calculating the performance of similar students, the department	3498
shall consider age, grade, race and ethnicity, gender, and	3499
socioeconomic status.	3500

Sec. 3314.015. (A) The department of education shall be	3501
responsible for the oversight of any and all sponsors of the	3502
community schools established under this chapter and shall provide	3503
technical assistance to schools and sponsors in their compliance	3504
with applicable laws and the terms of the contracts entered into	3505
under section 3314.03 of the Revised Code and in the development	3506
and start-up activities of those schools. In carrying out its	3507
duties under this section, the department shall do all of the	3508
following:	3509

(1) In providing technical assistance to proposing parties,	3510
governing authorities, and sponsors, conduct training sessions and	3511
distribute informational materials;	3512

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

3513

(3) Monitor the effectiveness of any and all sponsors in	3514
their oversight of the schools with which they have contracted;	3515

(4) By December thirty-first of each year, issue a report to	3516
the governor, the speaker of the house of representatives, the	3517
president of the senate, and the chairpersons of the house and	3518
senate committees principally responsible for education matters	3519
regarding the effectiveness of academic programs, operations, and	3520
legal compliance and of the financial condition of all community	3521
schools established under this chapter and on the performance of	3522
community school sponsors;	3523

(5) From time to time, make legislative recommendations to	3524
the general assembly designed to enhance the operation and	3525
performance of community schools.	3526

(B)(1) Except as provided in sections 3314.021 and 3314.027	3527
of the Revised Code, no entity listed in division (C)(1) of	3528
section 3314.02 of the Revised Code shall enter into a preliminary	3529
agreement under division (C)(2) of section 3314.02 of the Revised	3530
Code until it has received approval from the department of	3531
education to sponsor community schools under this chapter and has	3532
entered into a written agreement with the department regarding the	3533
manner in which the entity will conduct such sponsorship. The	3534
department shall adopt in accordance with Chapter 119. of the	3535
Revised Code rules containing criteria, procedures, and deadlines	3536
for processing applications for such approval, for oversight of	3537
sponsors, for revocation of the approval of sponsors, and for	3538
entering into written agreements with sponsors. The rules shall	3539
require an entity to submit evidence of the entity's ability and	3540
willingness to comply with the provisions of division (D) of	3541
section 3314.03 of the Revised Code. The rules also shall require	3542
entities approved as sponsors on and after June 30, 2005, to	3543
demonstrate a record of financial responsibility and successful	3544
implementation of educational programs. If an entity seeking	3545
approval on or after June 30, 2005, to sponsor community schools	3546
in this state sponsors or operates schools in another state, at	3547
least one of the schools sponsored or operated by the entity must	3548
be comparable to or better than the performance of Ohio schools in	3549
need of continuous improvement under section 3302.03 of the	3550
Revised Code, as determined by the department.	3551

Subject to section 3314.016 of the Revised Code, an entity	3552
that sponsors community schools may enter into preliminary	3553
agreements and sponsor up to one hundred schools, provided each	3554
school and the contract for sponsorship meets the requirements of	3555
this chapter.	3556

(2) The department of education shall determine, pursuant to	3557
criteria adopted by rule of the department, whether the mission	3558
proposed to be specified in the contract of a community school to	3559
be sponsored by a state university board of trustees or the	3560
board's designee under division (C)(1)(e) of section 3314.02 of	3561
the Revised Code complies with the requirements of that division.	3562
Such determination of the department is final.	3563

(3) The department of education shall determine, pursuant to	3564
criteria adopted by rule of the department, if any tax-exempt	3565
entity under section 501(c)(3) of the Internal Revenue Code that	3566
is proposed to be a sponsor of a community school is an	3567
education-oriented entity for purpose of satisfying the condition	3568
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	3569
Revised Code. Such determination of the department is final.	3570

(C) If at any time the state board of education finds that a	3571
sponsor is not in compliance or is no longer willing to comply	3572
with its contract with any community school or with the	3573
department's rules for sponsorship, the state board or designee	3574
shall conduct a hearing in accordance with Chapter 119. of the	3575
Revised Code on that matter. If after the hearing, the state board	3576
or designee has confirmed the original finding, the department of	3577
education may revoke the sponsor's approval to sponsor community	3578
schools ~~and~~. In that case, the department's office of Ohio school	3579
sponsorship, established under section 3314.029 of the Revised	3580
Code, may assume the sponsorship of any schools with which the	3581
sponsor has contracted until the earlier of the expiration of two	3582
school years or until a new sponsor as described in division	3583
(C)(1) of section 3314.02 of the Revised Code is secured by the	3584
school's governing authority. The ~~department~~office of Ohio school	3585
sponsorship may extend the term of the contract in the case of a	3586
school for which it has assumed sponsorship under this division as	3587
necessary to accommodate the term of the department's	3588
authorization to sponsor the school specified in this division.	3589
Community schools sponsored under this division shall not apply to	3590
the limit on directly authorized community schools under division	3591
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3592
in this division shall preclude a community school affected by	3593
this division from applying for sponsorship under that section.	3594

(D) The decision of the department to disapprove an entity	3595
for sponsorship of a community school or to revoke approval for	3596
such sponsorship under division (C) of this section, may be	3597
appealed by the entity in accordance with section 119.12 of the	3598
Revised Code.	3599

(E) The department shall adopt procedures for use by a	3600
community school governing authority and sponsor when the school	3601
permanently closes and ceases operation, which shall include at	3602
least procedures for data reporting to the department, handling of	3603
student records, distribution of assets in accordance with section	3604
3314.074 of the Revised Code, and other matters related to ceasing	3605
operation of the school.	3606

(F) In carrying out its duties under this chapter, the	3607
department shall not impose requirements on community schools or	3608
their sponsors that are not permitted by law or duly adopted	3609
rules.	3610

Sec. 3314.016. This section applies to any entity that	3611
sponsors a community school, regardless of whether section	3612
3314.021 or 3314.027 of the Revised Code exempts the entity from	3613
the requirement to be approved for sponsorship under divisions	3614
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3615
office of Ohio school sponsorship established under section	3616
3314.029 of the Revised Code shall be ranked under division (B) of	3617
this section, but divisions (A) and (C) of this section do not	3618
apply to the office.	3619

(A) An entity that sponsors a community school shall be	3620
permitted to enter into contracts under section 3314.03 of the	3621
Revised Code to sponsor additional community schools only if the	3622
entity meets both of the following criteria:	3623

(1) The entity is in compliance with all provisions of this	3624
chapter requiring sponsors of community schools to report data or	3625
information to the department of education.	3626

(2) The entity is not ranked in the lowest twenty per cent of	3627
community school sponsors on the ranking prescribed by division	3628
(B) of this section.	3629

(B)(1) For purposes of this section, the department shall	3630
develop a composite performance index score, as defined in section	3631
3302.01 of the Revised Code, that measures the academic	3632
performance of students enrolled in community schools sponsored by	3633
the same entity. In	3634

(2) In calculating ~~the~~an entity's composite performance	3635
index score, the department shall exclude all of the following:	3636

(a) All community schools that have been in operation for	3637
less than two full school years;	3638

(b) All community schools described in division (A)(3) of	3639
section 3314.35 of the Revised Code, but the department shall	3640
cease to exclude ~~those~~the schools ~~beginning January 1, 2013, if~~	3641
~~the general assembly does not enact by that date separate~~	3642
~~performance standards for community schools that operate dropout~~	3643
~~prevention and recovery programs and for community schools that~~	3644
~~serve students with disabilities~~described in division (A)(3)(a)	3645
of that section if those schools become subject to closure under	3646
division (D) of that section. ~~The~~	3647

(3) The department annually shall rank all entities that	3648
sponsor community schools from highest to lowest according to the	3649
entities' composite performance index scores and shall publish the	3650
rankings between the first day of October and the fifteenth day of	3651
October.	3652

(C) If the governing authority of a community school enters	3653
into a contract with a sponsor prior to the date on which the	3654
sponsor is prohibited from sponsoring additional schools under	3655
division (A) of this section and the school has not opened for	3656
operation as of that date, that contract shall be void and the	3657
school shall not open until the governing authority secures a new	3658
sponsor by entering into a contract with the new sponsor under	3659
section 3314.03 of the Revised Code.	3660

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

3661

(1) "Sponsor" means the board of education of a school	3662
district or the governing board of an educational service center	3663
that agrees to the conversion of all or part of a school or	3664
building under division (B) of this section, or an entity listed	3665
in division (C)(1) of this section, which either has been approved	3666
by the department of education to sponsor community schools or is	3667
exempted by section 3314.021 or 3314.027 of the Revised Code from	3668
obtaining approval, and with which the governing authority of ~~the~~	3669
~~proposed~~a community school enters into a contract ~~pursuant to~~	3670
~~this~~under section 3314.03 of the Revised Code.	3671

(2) "Pilot project area" means the school districts included	3672
in the territory of the former community school pilot project	3673
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3674
the 122nd general assembly.	3675

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

3676

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

3677

(b) A school district that is either in a state of academic	3678
emergency or in a state of academic watch under section 3302.03 of	3679
the Revised Code;	3680

3681

(d) A school district ranked in the lowest five per cent of	3682
school districts according to performance index score under	3683
section 3302.21 of the Revised Code.	3684

(4) "Big eight school district" means a school district that	3685
for fiscal year 1997 had both of the following:	3686

(a) A percentage of children residing in the district and	3687
participating in the predecessor of Ohio works first greater than	3688
thirty per cent, as reported pursuant to section 3317.10 of the	3689
Revised Code;	3690

(b) An average daily membership greater than twelve thousand,	3691
as reported pursuant to former division (A) of section 3317.03 of	3692
the Revised Code.	3693

(5) "New start-up school" means a community school other than	3694
one created by converting all or part of an existing public school	3695
or educational service center building, as designated in the	3696
school's contract pursuant to division (A)(17) of section 3314.03	3697
of the Revised Code.	3698

(6) "Urban school district" means one of the state's	3699
twenty-one urban school districts as defined in division (O) of	3700
section 3317.02 of the Revised Code as that section existed prior	3701
to July 1, 1998.	3702

(7) "Internet- or computer-based community school" means a	3703
community school established under this chapter in which the	3704
enrolled students work primarily from their residences on	3705
assignments in nonclassroom-based learning opportunities provided	3706
via an internet- or other computer-based instructional method that	3707
does not rely on regular classroom instruction or via	3708
comprehensive instructional methods that include internet-based,	3709
other computer-based, and noncomputer-based learning	3710
opportunities.	3711

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

3712

(a) An individual or organization that manages the daily	3713
operations of a community school pursuant to a contract between	3714
the operator and the school's governing authority;	3715

(b) A nonprofit organization that provides programmatic	3716
oversight and support to a community school under a contract with	3717
the school's governing authority and that retains the right to	3718
terminate its affiliation with the school if the school fails to	3719
meet the organization's quality standards.	3720

(B) Any person or group of individuals may initially propose	3721
under this division the conversion of all or a portion of a public	3722
school or a building operated by an educational service center to	3723
a community school. The proposal shall be made to the board of	3724
education of the city, local, exempted village, or joint	3725
vocational school district in which the public school is proposed	3726
to be converted or, in the case of the conversion of a building	3727
operated by an educational service center, to the governing board	3728
of the service center. Upon receipt of a proposal, a board may	3729
enter into a preliminary agreement with the person or group	3730
proposing the conversion of the public school or service center	3731
building, indicating the intention of the board to support the	3732
conversion to a community school. A proposing person or group that	3733
has a preliminary agreement under this division may proceed to	3734
finalize plans for the school, establish a governing authority for	3735
the school, and negotiate a contract with the board. Provided the	3736
proposing person or group adheres to the preliminary agreement and	3737
all provisions of this chapter, the board shall negotiate in good	3738
faith to enter into a contract in accordance with section 3314.03	3739
of the Revised Code and division (C) of this section.	3740

(C)(1) Any person or group of individuals may propose under	3741
this division the establishment of a new start-up school to be	3742
located in a challenged school district. The proposal may be made	3743
to any of the following entities:	3744

(a) The board of education of the district in which the	3745
school is proposed to be located;	3746

(b) The board of education of any joint vocational school	3747
district with territory in the county in which is located the	3748
majority of the territory of the district in which the school is	3749
proposed to be located;	3750

(c) The board of education of any other city, local, or	3751
exempted village school district having territory in the same	3752
county where the district in which the school is proposed to be	3753
located has the major portion of its territory;	3754

(d) The governing board of any educational service center, as	3755
long as the proposed school will be located in a county within the	3756
territory of the service center or in a county contiguous to such	3757
county;	3758

(e) A sponsoring authority designated by the board of	3759
trustees of any of the thirteen state universities listed in	3760
section 3345.011 of the Revised Code or the board of trustees	3761
itself as long as a mission of the proposed school to be specified	3762
in the contract under division (A)(2) of section 3314.03 of the	3763
Revised Code and as approved by the department of education under	3764
division (B)(2) of section 3314.015 of the Revised Code will be	3765
the practical demonstration of teaching methods, educational	3766
technology, or other teaching practices that are included in the	3767
curriculum of the university's teacher preparation program	3768
approved by the state board of education;	3769

(f) Any qualified tax-exempt entity under section 501(c)(3)	3770
of the Internal Revenue Code as long as all of the following	3771
conditions are satisfied:	3772

(i) The entity has been in operation for at least five years	3773
prior to applying to be a community school sponsor.	3774

(ii) The entity has assets of at least five hundred thousand	3775
dollars and a demonstrated record of financial responsibility.	3776

(iii) The department of education has determined that the	3777
entity is an education-oriented entity under division (B)(3) of	3778
section 3314.015 of the Revised Code and the entity has a	3779
demonstrated record of successful implementation of educational	3780
programs.	3781

(iv) The entity is not a community school.

3782

Any entity described in division (C)(1) of this section may	3783
enter into a preliminary agreement pursuant to division (C)(2) of	3784
this section with the proposing person or group.	3785

(2) A preliminary agreement indicates the intention of an	3786
entity described in division (C)(1) of this section to sponsor the	3787
community school. A proposing person or group that has such a	3788
preliminary agreement may proceed to finalize plans for the	3789
school, establish a governing authority as described in division	3790
(E) of this section for the school, and negotiate a contract with	3791
the entity. Provided the proposing person or group adheres to the	3792
preliminary agreement and all provisions of this chapter, the	3793
entity shall negotiate in good faith to enter into a contract in	3794
accordance with section 3314.03 of the Revised Code.	3795

(3) A new start-up school that is established in a school	3796
district while that district is either in a state of academic	3797
emergency or in a state of academic watch under section 3302.03 of	3798
the Revised Code or ranked in the lowest five per cent according	3799
to performance index score under section 3302.21 of the Revised	3800
Code may continue in existence once the school district is no	3801
longer in a state of academic emergency or academic watch or	3802
ranked in the lowest five per cent according to performance index	3803
score, provided there is a valid contract between the school and a	3804
sponsor.	3805

(4) A copy of every preliminary agreement entered into under	3806
this division shall be filed with the superintendent of public	3807
instruction.	3808

(D) A majority vote of the board of a sponsoring entity and a	3809
majority vote of the members of the governing authority of a	3810
community school shall be required to adopt a contract and convert	3811
the public school or educational service center building to a	3812
community school or establish the new start-up school. Beginning	3813
September 29, 2005, adoption of the contract shall occur not later	3814
than the fifteenth day of March, and signing of the contract shall	3815
occur not later than the fifteenth day of May, prior to the school	3816
year in which the school will open. The governing authority shall	3817
notify the department of education when the contract has been	3818
signed. Subject to sections 3314.013 and 3314.016 of the Revised	3819
Code, an unlimited number of community schools may be established	3820
in any school district provided that a contract is entered into	3821
for each community school pursuant to this chapter.	3822

(E)(1) As used in this division, "immediate relatives" are	3823
limited to spouses, children, parents, grandparents, siblings, and	3824
in-laws.	3825

Each new start-up community school established under this	3826
chapter shall be under the direction of a governing authority	3827
which shall consist of a board of not less than five individuals.	3828

No person shall serve on the governing authority or operate	3829
the community school under contract with the governing authority	3830
so long as the person owes the state any money or is in a dispute	3831
over whether the person owes the state any money concerning the	3832
operation of a community school that has closed.	3833

(2) No person shall serve on the governing authorities of	3834
more than ~~two~~five start-up community schools at the same time.	3835

(3) No present or former member, or immediate relative of a	3836
present or former member, of the governing authority of any	3837
community school established under this chapter shall be an owner,	3838
employee, or consultant of any sponsor or operator of a community	3839
school, unless at least one year has elapsed since the conclusion	3840
of the person's membership.	3841

(4) The governing authority of a start-up community school	3842
may provide by resolution for the compensation of its members.	3843
However, no individual who serves on the governing authority of a	3844
start-up community school shall be compensated more than four	3845
hundred twenty-five dollars per meeting of that governing	3846
authority and no such individual shall be compensated more than a	3847
total amount of five thousand dollars per year for all governing	3848
authorities upon which the individual serves.	3849

(F)(1) A new start-up school that is established prior to	3850
August 15, 2003, in an urban school district that is not also a	3851
big-eight school district may continue to operate after that date	3852
and the contract between the school's governing authority and the	3853
school's sponsor may be renewed, as provided under this chapter,	3854
after that date, but no additional new start-up schools may be	3855
established in such a district unless the district is a challenged	3856
school district as defined in this section as it exists on and	3857
after that date.	3858

(2) A community school that was established prior to June 29,	3859
1999, and is located in a county contiguous to the pilot project	3860
area and in a school district that is not a challenged school	3861
district may continue to operate after that date, provided the	3862
school complies with all provisions of this chapter. The contract	3863
between the school's governing authority and the school's sponsor	3864
may be renewed, but no additional start-up community school may be	3865
established in that district unless the district is a challenged	3866
school district.	3867

(3) Any educational service center that, on June 30, 2007,	3868
sponsors a community school that is not located in a county within	3869
the territory of the service center or in a county contiguous to	3870
such county may continue to sponsor that community school on and	3871
after June 30, 2007, and may renew its contract with the school.	3872
However, the educational service center shall not enter into a	3873
contract with any additional community school unless the school is	3874
located in a county within the territory of the service center or	3875
in a county contiguous to such county.	3876

Sec. 3314.029. This section establishes the Ohio school	3877
sponsorship program. The department of education shall establish	3878
an office of Ohio school sponsorship to perform the department's	3879
duties prescribed by this section.	3880

(A)(1) Notwithstanding anything to the contrary in this	3881
chapter, but subject to section 3314.20 of the Revised Code, any	3882
person, group of individuals, or entity may apply to the	3883
department for direct authorization to establish a community	3884
school and, upon approval of the application, may establish the	3885
school. Notwithstanding anything to the contrary in this chapter,	3886
the governing authority of an existing community school, upon the	3887
expiration or termination of its contract with the school's	3888
sponsor entered into under section 3314.03 of the Revised Code,	3889
may apply to the department for direct authorization to continue	3890
operating the school and, upon approval of the application, may	3891
continue to operate the school.	3892

Each application submitted to the department shall include	3893
the following:	3894

(a) Evidence that the applicant will be able to comply with	3895
division (C) of this section;	3896

(b) A statement indicating that the applicant agrees to	3897
comply with all applicable provisions of this chapter, including	3898
the requirement to be established as a nonprofit corporation or	3899
public benefit corporation in accordance with division (A)(1) of	3900
section 3314.03 of the Revised Code;	3901

(c) A statement attesting that no unresolved finding of	3902
recovery has been issued by the auditor of state against any	3903
person, group of individuals, or entity that is a party to the	3904
application and that no person who is party to the application has	3905
been a member of the governing authority of any community school	3906
that has permanently closed and against which an unresolved	3907
finding of recovery has been issued by the auditor of state. In	3908
the case of an application submitted by the governing authority of	3909
an existing community school, a person who is party to the	3910
application shall include each individual member of that governing	3911
authority.	3912

(d) A statement that the school will be nonsectarian in its	3913
programs, admission policies, employment practices, and all other	3914
operations, and will not be operated by a sectarian school or	3915
religious institution;	3916

(e) A statement of whether the school is to be created by	3917
converting all or part of an existing public school or educational	3918
service center building or is to be a new start-up school. If it	3919
is a converted public school or service center building, the	3920
statement shall include a specification of any duties or	3921
responsibilities of an employer that the board of education or	3922
service center governing board that operated the school or	3923
building before conversion is delegating to the governing	3924
authority of the community school with respect to all or any	3925
specified group of employees, provided the delegation is not	3926
prohibited by a collective bargaining agreement applicable to such	3927
employees.	3928

(f) A statement that the school's teachers will be licensed	3929
in the manner prescribed by division (A)(10) of section 3314.03 of	3930
the Revised Code;	3931

(g) A statement that the school will comply with all of the	3932
provisions of law enumerated in divisions (A)(11)(d) and (e) of	3933
section 3314.03 of the Revised Code and of division (A)(11)(h) of	3934
that section, if applicable;	3935

(h) A statement that the school's graduation and curriculum	3936
requirements will comply with division (A)(11)(f) of section	3937
3314.03 of the Revised Code;	3938

(i) A description of each of the following:

3939

(i) The school's mission and educational program, the	3940
characteristics of the students the school is expected to attract,	3941
the ages and grade levels of students, and the focus of the	3942
curriculum;	3943

(ii) The school's governing authority, which shall be in	3944
compliance with division (E) of section 3314.02 of the Revised	3945
Code;	3946

(iii) The school's admission and dismissal policies, which	3947
shall be in compliance with divisions (A)(5) and (6) of section	3948
3314.03 of the Revised Code;	3949

(iv) The school's business plan, including a five-year	3950
financial forecast;	3951

(v) In the case of an application to establish a community	3952
school, the applicant's resources and capacity to establish and	3953
operate the school;	3954

(vi) The school's academic goals to be achieved and the	3955
method of measurement that will be used to determine progress	3956
toward those goals, which shall include the statewide achievement	3957
assessments;	3958

(vii) The facilities to be used by the school and their	3959
locations;	3960

(viii) A description of the learning opportunities that will	3961
be offered to students including both classroom-based and	3962
nonclassroom-based learning opportunities that are in compliance	3963
with criteria for student participation established by the	3964
department under division (L)(2) of section 3314.08 of the Revised	3965
Code.	3966

(2) Subject to division (A)(3) of this section, the	3967
department shall approve each application, unless, within thirty	3968
days after receipt of the application, the department determines	3969
that the application does not satisfy the requirements of division	3970
(A)(1) of this section and provides the applicant a written	3971
explanation of the reasons for the determination. In that case,	3972
the department shall grant the applicant thirty days to correct	3973
the insufficiencies in the application. If the department	3974
determines that the insufficiencies have been corrected, it shall	3975
approve the application. If the department determines that the	3976
insufficiencies have not been corrected, it shall deny the	3977
application and provide the applicant with a written explanation	3978
of the reasons for the denial. The denial of an application may be	3979
appealed in accordance with section 119.12 of the Revised Code.	3980

(3) For each of five school years, beginning with the school	3981
year that begins in the calendar year in which this section takes	3982
effect, the department may approve up to twenty applications for	3983
community schools to be established or to continue operation under	3984
division (A) of this section; however, of the twenty applications	3985
that may be approved each school year, only up to five may be for	3986
the establishment of new schools.	3987

(4) Notwithstanding division (A)(2) of this section, the	3988
department may deny an application submitted by the governing	3989
authority of an existing community school, if a previous sponsor	3990
of that school did not renew its contract with the school entered	3991
into under section 3314.03 of the Revised Code.	3992

(B) The department and the governing authority of each	3993
community school authorized under this section shall enter into a	3994
contract under section 3314.03 of the Revised Code.	3995
Notwithstanding division (A)(13) of that section, the contract	3996
with an existing community school may begin at any time during the	3997
academic year. The length of the initial contract of any community	3998
school under this section may be for any term up to five years.	3999
The contract may be renewed in accordance with division (E) of	4000
that section. The contract may provide for the school's governing	4001
authority to pay a fee for oversight and monitoring of the school	4002
that does not exceed three per cent of the total amount of	4003
payments for operating expenses that the school receives from the	4004
state.	4005

(C) The department may require a community school authorized	4006
under this section to post and file with the superintendent of	4007
public instruction a bond payable to the state or to file with the	4008
state superintendent a guarantee, which shall be used to pay the	4009
state any moneys owed by the community school in the event the	4010
school closes.	4011

(D) Except as otherwise provided in this section, a community	4012
school authorized under this section shall comply with all	4013
applicable provisions of this chapter. The department may take any	4014
action that a sponsor may take under this chapter to enforce the	4015
school's compliance with this division and the terms of the	4016
contract entered into under division (B) of this section.	4017

(E) Not later than December 31, 2012, and annually	4018
thereafter, the department shall issue a report on the program,	4019
including information about the number of community schools	4020
participating in the program and their compliance with the	4021
provisions of this chapter. In its fifth report, the department	4022
shall include a complete evaluation of the program and	4023
recommendations regarding the program's continuation. Each report	4024
shall be provided to the general assembly, in accordance with	4025
section 101.68 of the Revised Code, and to the governor.	4026

Sec. 3314.03. A copy of every contract entered into under	4027
this section shall be filed with the superintendent of public	4028
instruction. The department of education shall make available on	4029
its web site a copy of every approved, executed contract filed	4030
with the superintendent under this section.	4031

(A) Each contract entered into between a sponsor and the	4032
governing authority of a community school shall specify the	4033
following:	4034

(1) That the school shall be established as either of the	4035
following:	4036

(a) A nonprofit corporation established under Chapter 1702.	4037
of the Revised Code, if established prior to April 8, 2003;	4038

(b) A public benefit corporation established under Chapter	4039
1702. of the Revised Code, if established after April 8, 2003.	4040

(2) The education program of the school, including the	4041
school's mission, the characteristics of the students the school	4042
is expected to attract, the ages and grades of students, and the	4043
focus of the curriculum;	4044

(3) The academic goals to be achieved and the method of	4045
measurement that will be used to determine progress toward those	4046
goals, which shall include the statewide achievement assessments;	4047

(4) Performance standards by which the success of the school	4048
will be evaluated by the sponsor;	4049

(5) The admission standards of section 3314.06 of the Revised	4050
Code and, if applicable, section 3314.061 of the Revised Code;	4051

(6)(a) Dismissal procedures;

4052

(b) A requirement that the governing authority adopt an	4053
attendance policy that includes a procedure for automatically	4054
withdrawing a student from the school if the student without a	4055
legitimate excuse fails to participate in one hundred five	4056
consecutive hours of the learning opportunities offered to the	4057
student.	4058

(7) The ways by which the school will achieve racial and	4059
ethnic balance reflective of the community it serves;	4060

(8) Requirements for financial audits by the auditor of	4061
state. The contract shall require financial records of the school	4062
to be maintained in the same manner as are financial records of	4063
school districts, pursuant to rules of the auditor of state.	4064
Audits shall be conducted in accordance with section 117.10 of the	4065
Revised Code.	4066

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

4067

(10) Qualifications of teachers, including the following:

4068

(a) A requirement that the school's classroom teachers be	4069
licensed in accordance with sections 3319.22 to 3319.31 of the	4070
Revised Code, except that a community school may engage	4071
noncertificated persons to teach up to twelve hours per week	4072
pursuant to section 3319.301 of the Revised Code;	4073

(b) A requirement that each classroom teacher initially hired	4074
by the school on or after July 1, 2013, and employed to provide	4075
instruction in physical education hold a valid license issued	4076
pursuant to section 3319.22 of the Revised Code for teaching	4077
physical education.	4078

(11) That the school will comply with the following	4079
requirements:	4080

(a) The school will provide learning opportunities to a	4081
minimum of twenty-five students for a minimum of nine hundred	4082
twenty hours per school year.	4083

(b) The governing authority will purchase liability	4084
insurance, or otherwise provide for the potential liability of the	4085
school.	4086

(c) The school will be nonsectarian in its programs,	4087
admission policies, employment practices, and all other	4088
operations, and will not be operated by a sectarian school or	4089
religious institution.	4090

(d) The school will comply with sections 9.90, 9.91, 109.65,	4091
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4092
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	4093
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	4094
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	4095
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	4096
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,	4097
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	4098
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	4099
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	4100
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	4101
and 4167. of the Revised Code as if it were a school district and	4102
will comply with section 3301.0714 of the Revised Code in the	4103
manner specified in section 3314.17 of the Revised Code.	4104

(e) The school shall comply with Chapter 102. and section	4105
2921.42 of the Revised Code.	4106

(f) The school will comply with sections 3313.61, 3313.611,	4107
and 3313.614 of the Revised Code, except that for students who	4108
enter ninth grade for the first time before July 1, 2010, the	4109
requirement in sections 3313.61 and 3313.611 of the Revised Code	4110
that a person must successfully complete the curriculum in any	4111
high school prior to receiving a high school diploma may be met by	4112
completing the curriculum adopted by the governing authority of	4113
the community school rather than the curriculum specified in Title	4114
XXXIII of the Revised Code or any rules of the state board of	4115
education. Beginning with students who enter ninth grade for the	4116
first time on or after July 1, 2010, the requirement in sections	4117
3313.61 and 3313.611 of the Revised Code that a person must	4118
successfully complete the curriculum of a high school prior to	4119
receiving a high school diploma shall be met by completing the	4120
Ohio core curriculum prescribed in division (C) of section	4121
3313.603 of the Revised Code, unless the person qualifies under	4122
division (D) or (F) of that section. Each school shall comply with	4123
the plan for awarding high school credit based on demonstration of	4124
subject area competency, adopted by the state board of education	4125
under division (J) of section 3313.603 of the Revised Code.	4126

(g) The school governing authority will submit within four	4127
months after the end of each school year a report of its	4128
activities and progress in meeting the goals and standards of	4129
divisions (A)(3) and (4) of this section and its financial status	4130
to the sponsor and the parents of all students enrolled in the	4131
school.	4132

(h) The school, unless it is an internet- or computer-based	4133
community school, will comply with ~~sections 3313.674 and~~section	4134
3313.801 of the Revised Code as if it were a school district.	4135

(i) If the school is the recipient of moneys from a grant	4136
awarded under the federal race to the top program, Division (A),	4137
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4138
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4139
school will pay teachers based upon performance in accordance with	4140
section 3317.141 and will comply with section 3319.111 of the	4141
Revised Code as if it were a school district.	4142

(12) Arrangements for providing health and other benefits to	4143
employees;	4144

(13) The length of the contract, which shall begin at the	4145
beginning of an academic year. No contract shall exceed five years	4146
unless such contract has been renewed pursuant to division (E) of	4147
this section.	4148

(14) The governing authority of the school, which shall be	4149
responsible for carrying out the provisions of the contract;	4150

(15) A financial plan detailing an estimated school budget	4151
for each year of the period of the contract and specifying the	4152
total estimated per pupil expenditure amount for each such year.	4153
The plan shall specify for each year the base formula amount that	4154
will be used for purposes of funding calculations under section	4155
3314.08 of the Revised Code. This base formula amount for any year	4156
shall not exceed the formula amount defined under section 3317.02	4157
of the Revised Code. The plan may also specify for any year a	4158
percentage figure to be used for reducing the per pupil amount of	4159
the subsidy calculated pursuant to section 3317.029 of the Revised	4160
Code the school is to receive that year under section 3314.08 of	4161
the Revised Code.	4162

(16) Requirements and procedures regarding the disposition of	4163
employees of the school in the event the contract is terminated or	4164
not renewed pursuant to section 3314.07 of the Revised Code;	4165

(17) Whether the school is to be created by converting all or	4166
part of an existing public school or educational service center	4167
building or is to be a new start-up school, and if it is a	4168
converted public school or service center building, specification	4169
of any duties or responsibilities of an employer that the board of	4170
education or service center governing board that operated the	4171
school or building before conversion is delegating to the	4172
governing authority of the community school with respect to all or	4173
any specified group of employees provided the delegation is not	4174
prohibited by a collective bargaining agreement applicable to such	4175
employees;	4176

(18) Provisions establishing procedures for resolving	4177
disputes or differences of opinion between the sponsor and the	4178
governing authority of the community school;	4179

(19) A provision requiring the governing authority to adopt a	4180
policy regarding the admission of students who reside outside the	4181
district in which the school is located. That policy shall comply	4182
with the admissions procedures specified in sections 3314.06 and	4183
3314.061 of the Revised Code and, at the sole discretion of the	4184
authority, shall do one of the following:	4185

(a) Prohibit the enrollment of students who reside outside	4186
the district in which the school is located;	4187

(b) Permit the enrollment of students who reside in districts	4188
adjacent to the district in which the school is located;	4189

(c) Permit the enrollment of students who reside in any other	4190
district in the state.	4191

(20) A provision recognizing the authority of the department	4192
of education to take over the sponsorship of the school in	4193
accordance with the provisions of division (C) of section 3314.015	4194
of the Revised Code;	4195

(21) A provision recognizing the sponsor's authority to	4196
assume the operation of a school under the conditions specified in	4197
division (B) of section 3314.073 of the Revised Code;	4198

(22) A provision recognizing both of the following:

4199

(a) The authority of public health and safety officials to	4200
inspect the facilities of the school and to order the facilities	4201
closed if those officials find that the facilities are not in	4202
compliance with health and safety laws and regulations;	4203

(b) The authority of the department of education as the	4204
community school oversight body to suspend the operation of the	4205
school under section 3314.072 of the Revised Code if the	4206
department has evidence of conditions or violations of law at the	4207
school that pose an imminent danger to the health and safety of	4208
the school's students and employees and the sponsor refuses to	4209
take such action.	4210

(23) A description of the learning opportunities that will be	4211
offered to students including both classroom-based and	4212
non-classroom-based learning opportunities that is in compliance	4213
with criteria for student participation established by the	4214
department under division (L)(2) of section 3314.08 of the Revised	4215
Code;	4216

(24) The school will comply with sections 3302.04 and	4217
3302.041 of the Revised Code, except that any action required to	4218
be taken by a school district pursuant to those sections shall be	4219
taken by the sponsor of the school. However, the sponsor shall not	4220
be required to take any action described in division (F) of	4221
section 3302.04 of the Revised Code.	4222

(25) Beginning in the 2006-2007 school year, the school will	4223
open for operation not later than the thirtieth day of September	4224
each school year, unless the mission of the school as specified	4225
under division (A)(2) of this section is solely to serve dropouts.	4226
In its initial year of operation, if the school fails to open by	4227
the thirtieth day of September, or within one year after the	4228
adoption of the contract pursuant to division (D) of section	4229
3314.02 of the Revised Code if the mission of the school is solely	4230
to serve dropouts, the contract shall be void.	4231

(B) The community school shall also submit to the sponsor a	4232
comprehensive plan for the school. The plan shall specify the	4233
following:	4234

(1) The process by which the governing authority of the	4235
school will be selected in the future;	4236

(2) The management and administration of the school;

4237

(3) If the community school is a currently existing public	4238
school or educational service center building, alternative	4239
arrangements for current public school students who choose not to	4240
attend the converted school and for teachers who choose not to	4241
teach in the school or building after conversion;	4242

(4) The instructional program and educational philosophy of	4243
the school;	4244

(5) Internal financial controls.

4245

(C) A contract entered into under section 3314.02 of the	4246
Revised Code between a sponsor and the governing authority of a	4247
community school may provide for the community school governing	4248
authority to make payments to the sponsor, which is hereby	4249
authorized to receive such payments as set forth in the contract	4250
between the governing authority and the sponsor. The total amount	4251
of such payments for oversight and monitoring of the school shall	4252
not exceed three per cent of the total amount of payments for	4253
operating expenses that the school receives from the state.	4254

(D) The contract shall specify the duties of the sponsor	4255
which shall be in accordance with the written agreement entered	4256
into with the department of education under division (B) of	4257
section 3314.015 of the Revised Code and shall include the	4258
following:	4259

(1) Monitor the community school's compliance with all laws	4260
applicable to the school and with the terms of the contract;	4261

(2) Monitor and evaluate the academic and fiscal performance	4262
and the organization and operation of the community school on at	4263
least an annual basis;	4264

(3) Report on an annual basis the results of the evaluation	4265
conducted under division (D)(2) of this section to the department	4266
of education and to the parents of students enrolled in the	4267
community school;	4268

(4) Provide technical assistance to the community school in	4269
complying with laws applicable to the school and terms of the	4270
contract;	4271

(5) Take steps to intervene in the school's operation to	4272
correct problems in the school's overall performance, declare the	4273
school to be on probationary status pursuant to section 3314.073	4274
of the Revised Code, suspend the operation of the school pursuant	4275
to section 3314.072 of the Revised Code, or terminate the contract	4276
of the school pursuant to section 3314.07 of the Revised Code as	4277
determined necessary by the sponsor;	4278

(6) Have in place a plan of action to be undertaken in the	4279
event the community school experiences financial difficulties or	4280
closes prior to the end of a school year.	4281

(E) Upon the expiration of a contract entered into under this	4282
section, the sponsor of a community school may, with the approval	4283
of the governing authority of the school, renew that contract for	4284
a period of time determined by the sponsor, but not ending earlier	4285
than the end of any school year, if the sponsor finds that the	4286
school's compliance with applicable laws and terms of the contract	4287
and the school's progress in meeting the academic goals prescribed	4288
in the contract have been satisfactory. Any contract that is	4289
renewed under this division remains subject to the provisions of	4290
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4291

(F) If a community school fails to open for operation within	4292
one year after the contract entered into under this section is	4293
adopted pursuant to division (D) of section 3314.02 of the Revised	4294
Code or permanently closes prior to the expiration of the	4295
contract, the contract shall be void and the school shall not	4296
enter into a contract with any other sponsor. A school shall not	4297
be considered permanently closed because the operations of the	4298
school have been suspended pursuant to section 3314.072 of the	4299
Revised Code.	4300

Sec. 3314.06. The governing authority of each community	4301
school established under this chapter shall adopt admission	4302
procedures that specify the following:	4303

(A) That, except as otherwise provided in this section,	4304
admission to the school shall be open to any individual age five	4305
to twenty-two entitled to attend school pursuant to section	4306
3313.64 or 3313.65 of the Revised Code in a school district in the	4307
state.	4308

An individual younger than five years of age may be admitted	4309
to the school in accordance with division (A)(2) of section	4310
3321.01 of the Revised Code.	4311

(B)(1) That admission to the school may be limited to	4312
students who have attained a specific grade level or are within a	4313
specific age group; to students that meet a definition of	4314
"at-risk," as defined in the contract; to residents of a specific	4315
geographic area within the district, as defined in the contract;	4316
or to separate groups of autistic students and nondisabled	4317
students, as authorized in section 3314.061 of the Revised Code	4318
and as defined in the contract.	4319

(2) For purposes of division (B)(1) of this section,	4320
"at-risk" students may include those students identified as gifted	4321
students under section 3324.03 of the Revised Code.	4322

(C) Whether enrollment is limited to students who reside in	4323
the district in which the school is located or is open to	4324
residents of other districts, as provided in the policy adopted	4325
pursuant to the contract.	4326

(D)(1) That there will be no discrimination in the admission	4327
of students to the school on the basis of race, creed, color,	4328
disability, or sex except that:	4329

(a) The governing authority may ~~establish single-gender~~	4330
~~schools~~do either of the following for the purpose described in	4331
division (G) of this section:	4332

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

4333

(ii) Establish single-gender schools for each sex under the	4334
same contract, provided ~~comparable~~substantially equal facilities	4335
and learning opportunities are offered for both boys and girls.	4336
Such ~~comparable~~ facilities and opportunities may be offered for	4337
each sex at separate locations.	4338

(b) The governing authority may establish a school that	4339
simultaneously serves a group of students identified as autistic	4340
and a group of students who are not disabled, as authorized in	4341
section 3314.061 of the Revised Code. However, unless the total	4342
capacity established for the school has been filled, no student	4343
with any disability shall be denied admission on the basis of that	4344
disability.	4345

(2) That upon admission of any student with a disability, the	4346
community school will comply with all federal and state laws	4347
regarding the education of students with disabilities.	4348

(E) That the school may not limit admission to students on	4349
the basis of intellectual ability, measures of achievement or	4350
aptitude, or athletic ability, except that a school may limit its	4351
enrollment to students as described in division (B) of this	4352
section.	4353

(F) That the community school will admit the number of	4354
students that does not exceed the capacity of the school's	4355
programs, classes, grade levels, or facilities.	4356

(G) That the purpose of single-gender schools that are	4357
established shall be to take advantage of the academic benefits	4358
some students realize from single-gender instruction and	4359
facilities and to offer students and parents residing in the	4360
district the option of a single-gender education.	4361

(H) That, except as otherwise provided under division (B) of	4362
this section or section 3314.061 of the Revised Code, if the	4363
number of applicants exceeds the capacity restrictions of division	4364
(F) of this section, students shall be admitted by lot from all	4365
those submitting applications, except preference shall be given to	4366
students attending the school the previous year and to students	4367
who reside in the district in which the school is located.	4368
Preference may be given to siblings of students attending the	4369
school the previous year.	4370

Notwithstanding divisions (A) to (H) of this section, in the	4371
event the racial composition of the enrollment of the community	4372
school is violative of a federal desegregation order, the	4373
community school shall take any and all corrective measures to	4374
comply with the desegregation order.	4375

Sec. 3314.08. The deductions under division (C) and the	4376
payments under division (D) of this section for fiscal years 2012	4377
and 2013 shall be made in accordance with section 3314.088 of the	4378
Revised Code.	4379

(A) As used in this section:

4380

(1) "Base formula amount" means the amount specified as such	4381
in a community school's financial plan for a school year pursuant	4382
to division (A)(15) of section 3314.03 of the Revised Code.	4383

(2) "IEP" has the same meaning as in section 3323.01 of the	4384
Revised Code.	4385

(3) "Applicable special education weight" means the multiple	4386
specified in section 3317.013 of the Revised Code for a disability	4387
described in that section.	4388

(4) "Applicable vocational education weight" means:

4389

(a) For a student enrolled in vocational education programs	4390
or classes described in division (A) of section 3317.014 of the	4391
Revised Code, the multiple specified in that division;	4392

(b) For a student enrolled in vocational education programs	4393
or classes described in division (B) of section 3317.014 of the	4394
Revised Code, the multiple specified in that division.	4395

(5) "Entitled to attend school" means entitled to attend	4396
school in a district under section 3313.64 or 3313.65 of the	4397
Revised Code.	4398

(6) A community school student is "included in the poverty	4399
student count" of a school district if the student is entitled to	4400
attend school in the district and the student's family receives	4401
assistance under the Ohio works first program.	4402

(7) "Poverty-based assistance reduction factor" means the	4403
percentage figure, if any, for reducing the per pupil amount of	4404
poverty-based assistance a community school is entitled to receive	4405
pursuant to divisions (D)(5) to (9) of this section in any year,	4406
as specified in the school's financial plan for the year pursuant	4407
to division (A)(15) of section 3314.03 of the Revised Code.	4408

(8) "All-day kindergarten" has the same meaning as in section	4409
3321.05 of the Revised Code.	4410

(9) "State education aid" has the same meaning as in section	4411
5751.20 of the Revised Code.	4412

(B) The state board of education shall adopt rules requiring	4413
both of the following:	4414

(1) The board of education of each city, exempted village,	4415
and local school district to annually report the number of	4416
students entitled to attend school in the district who are	4417
enrolled in grades one through twelve in a community school	4418
established under this chapter, the number of students entitled to	4419
attend school in the district who are enrolled in kindergarten in	4420
a community school, the number of those kindergartners who are	4421
enrolled in all-day kindergarten in their community school, and	4422
for each child, the community school in which the child is	4423
enrolled.	4424

(2) The governing authority of each community school	4425
established under this chapter to annually report all of the	4426
following:	4427

(a) The number of students enrolled in grades one through	4428
twelve and the number of students enrolled in kindergarten in the	4429
school who are not receiving special education and related	4430
services pursuant to an IEP;	4431

(b) The number of enrolled students in grades one through	4432
twelve and the number of enrolled students in kindergarten, who	4433
are receiving special education and related services pursuant to	4434
an IEP;	4435

(c) The number of students reported under division (B)(2)(b)	4436
of this section receiving special education and related services	4437
pursuant to an IEP for a disability described in each of divisions	4438
(A) to (F) of section 3317.013 of the Revised Code;	4439

(d) The full-time equivalent number of students reported	4440
under divisions (B)(2)(a) and (b) of this section who are enrolled	4441
in vocational education programs or classes described in each of	4442
divisions (A) and (B) of section 3317.014 of the Revised Code that	4443
are provided by the community school;	4444

(e) Twenty per cent of the number of students reported under	4445
divisions (B)(2)(a) and (b) of this section who are not reported	4446
under division (B)(2)(d) of this section but who are enrolled in	4447
vocational education programs or classes described in each of	4448
divisions (A) and (B) of section 3317.014 of the Revised Code at a	4449
joint vocational school district under a contract between the	4450
community school and the joint vocational school district and are	4451
entitled to attend school in a city, local, or exempted village	4452
school district whose territory is part of the territory of the	4453
joint vocational school district;	4454

(f) The number of enrolled preschool children with	4455
disabilities receiving special education services in a	4456
state-funded unit;	4457

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

4458

(h) For each student, the city, exempted village, or local	4459
school district in which the student is entitled to attend school;	4460

(i) Any poverty-based assistance reduction factor that	4461
applies to a school year.	4462

A school district board and a community school governing	4463
authority shall include in their respective reports under division	4464
(B) of this section any child admitted in accordance with division	4465
(A)(2) of section 3321.01 of the Revised Code.	4466

(C) From the state education aid calculated for a city,	4467
exempted village, or local school district and, if necessary, from	4468
the payment made to the district under sections 321.24 and 323.156	4469
of the Revised Code, the department of education shall annually	4470
subtract the sum of the amounts described in divisions (C)(1) to	4471
(9) of this section. However, when deducting payments on behalf of	4472
students enrolled in internet- or computer-based community	4473
schools, the department shall deduct only those amounts described	4474
in divisions (C)(1) and (2) of this section. Furthermore, the	4475
aggregate amount deducted under this division shall not exceed the	4476
sum of the district's state education aid and its payment under	4477
sections 321.24 and 323.156 of the Revised Code.	4478

(1) An amount equal to the sum of the amounts obtained when,	4479
for each community school where the district's students are	4480
enrolled, the number of the district's students reported under	4481
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	4482
in grades one through twelve, and one-half the number of students	4483
reported under those divisions who are enrolled in kindergarten,	4484
in that community school is multiplied by the sum of the base	4485
formula amount of that community school plus the per pupil amount	4486
of the base funding supplements specified in divisions (C)(1) to	4487
(4) of section 3317.012 of the Revised Code.	4488

(2) The sum of the amounts calculated under divisions	4489
(C)(2)(a) and (b) of this section:	4490

(a) For each of the district's students reported under	4491
division (B)(2)(c) of this section as enrolled in a community	4492
school in grades one through twelve and receiving special	4493
education and related services pursuant to an IEP for a disability	4494
described in section 3317.013 of the Revised Code, the product of	4495
the applicable special education weight times the community	4496
school's base formula amount;	4497

(b) For each of the district's students reported under	4498
division (B)(2)(c) of this section as enrolled in kindergarten in	4499
a community school and receiving special education and related	4500
services pursuant to an IEP for a disability described in section	4501
3317.013 of the Revised Code, one-half of the amount calculated as	4502
prescribed in division (C)(2)(a) of this section.	4503

(3) For each of the district's students reported under	4504
division (B)(2)(d) of this section for whom payment is made under	4505
division (D)(4) of this section, the amount of that payment;	4506

(4) An amount equal to the sum of the amounts obtained when,	4507
for each community school where the district's students are	4508
enrolled, the number of the district's students enrolled in that	4509
community school who are included in the district's poverty	4510
student count is multiplied by the per pupil amount of	4511
poverty-based assistance the school district receives that year	4512
pursuant to division (C) of section 3317.029 of the Revised Code,	4513
as adjusted by any poverty-based assistance reduction factor of	4514
that community school. The per pupil amount of that aid for the	4515
district shall be calculated by the department.	4516

(5) An amount equal to the sum of the amounts obtained when,	4517
for each community school where the district's students are	4518
enrolled, the district's per pupil amount of aid received under	4519
division (E) of section 3317.029 of the Revised Code, as adjusted	4520
by any poverty-based assistance reduction factor of the community	4521
school, is multiplied by the sum of the following:	4522

(a) The number of the district's students reported under	4523
division (B)(2)(a) of this section who are enrolled in grades one	4524
to three in that community school and who are not receiving	4525
special education and related services pursuant to an IEP;	4526

(b) One-half of the district's students who are enrolled in	4527
all-day or any other kindergarten class in that community school	4528
and who are not receiving special education and related services	4529
pursuant to an IEP;	4530

(c) One-half of the district's students who are enrolled in	4531
all-day kindergarten in that community school and who are not	4532
receiving special education and related services pursuant to an	4533
IEP.	4534

The district's per pupil amount of aid under division (E) of	4535
section 3317.029 of the Revised Code is the quotient of the amount	4536
the district received under that division divided by the	4537
district's kindergarten through third grade ADM, as defined in	4538
that section.	4539

(6) An amount equal to the sum of the amounts obtained when,	4540
for each community school where the district's students are	4541
enrolled, the district's per pupil amount received under division	4542
(F) of section 3317.029 of the Revised Code, as adjusted by any	4543
poverty-based assistance reduction factor of that community	4544
school, is multiplied by the number of the district's students	4545
enrolled in the community school who are identified as	4546
limited-English proficient.	4547

(7) An amount equal to the sum of the amounts obtained when,	4548
for each community school where the district's students are	4549
enrolled, the district's per pupil amount received under division	4550
(G) of section 3317.029 of the Revised Code, as adjusted by any	4551
poverty-based assistance reduction factor of that community	4552
school, is multiplied by the sum of the following:	4553

(a) The number of the district's students enrolled in grades	4554
one through twelve in that community school;	4555

(b) One-half of the number of the district's students	4556
enrolled in kindergarten in that community school.	4557

The district's per pupil amount under division (G) of section	4558
3317.029 of the Revised Code is the district's amount per teacher	4559
calculated under division (G)(1) or (2) of that section divided by	4560
17.	4561

(8) An amount equal to the sum of the amounts obtained when,	4562
for each community school where the district's students are	4563
enrolled, the district's per pupil amount received under divisions	4564
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	4565
by any poverty-based assistance reduction factor of that community	4566
school, is multiplied by the sum of the following:	4567

(a) The number of the district's students enrolled in grades	4568
one through twelve in that community school;	4569

(b) One-half of the number of the district's students	4570
enrolled in kindergarten in that community school.	4571

The district's per pupil amount under divisions (H) and (I)	4572
of section 3317.029 of the Revised Code is the amount calculated	4573
under each division divided by the district's formula ADM, as	4574
defined in section 3317.02 of the Revised Code.	4575

(9) An amount equal to the per pupil state parity aid funding	4576
calculated for the school district under either division (C) or	4577
(D) of section 3317.0217 of the Revised Code multiplied by the sum	4578
of the number of students in grades one through twelve, and	4579
one-half of the number of students in kindergarten, who are	4580
entitled to attend school in the district and are enrolled in a	4581
community school as reported under division (B)(1) of this	4582
section.	4583

(D) The department shall annually pay to a community school	4584
established under this chapter the sum of the amounts described in	4585
divisions (D)(1) to (10) of this section. However, the department	4586
shall calculate and pay to each internet- or computer-based	4587
community school only the amounts described in divisions (D)(1) to	4588
(3) of this section. Furthermore, the sum of the payments to all	4589
community schools under divisions (D)(1), (2), and (4) to (10) of	4590
this section for the students entitled to attend school in any	4591
particular school district shall not exceed the sum of that	4592
district's state education aid and its payment under sections	4593
321.24 and 323.156 of the Revised Code. If the sum of the payments	4594
calculated under those divisions for the students entitled to	4595
attend school in a particular school district exceeds the sum of	4596
that district's state education aid and its payment under sections	4597
321.24 and 323.156 of the Revised Code, the department shall	4598
calculate and apply a proration factor to the payments to all	4599
community schools under those divisions for the students entitled	4600
to attend school in that district.	4601

(1) An amount equal to the sum of the amounts obtained when	4602
the number of students enrolled in grades one through twelve, plus	4603
one-half of the kindergarten students in the school, reported	4604
under divisions (B)(2)(a), (b), and (e) of this section who are	4605
not receiving special education and related services pursuant to	4606
an IEP for a disability described in section 3317.013 of the	4607
Revised Code is multiplied by the sum of the community school's	4608
base formula amount plus the per pupil amount of the base funding	4609
supplements specified in divisions (C)(1) to (4) of section	4610
3317.012 of the Revised Code.	4611

(2) The sum of the following amounts:

4612

(a) For each student reported under division (B)(2)(c) of	4613
this section as enrolled in the school in grades one through	4614
twelve and receiving special education and related services	4615
pursuant to an IEP for a disability described in section 3317.013	4616
of the Revised Code, the following amount:	4617

(the school's base formula amount plus	4618

the per pupil amount of the base funding supplements specified in	4619

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	4620

+ (the applicable special education weight X the	4621

community school's base formula amount);	4622

(b) For each student reported under division (B)(2)(c) of	4623
this section as enrolled in kindergarten and receiving special	4624
education and related services pursuant to an IEP for a disability	4625
described in section 3317.013 of the Revised Code, one-half of the	4626
amount calculated under the formula prescribed in division	4627
(D)(2)(a) of this section.	4628

(3) An amount received from federal funds to provide special	4629
education and related services to students in the community	4630
school, as determined by the superintendent of public instruction.	4631

(4) For each student reported under division (B)(2)(d) of	4632
this section as enrolled in vocational education programs or	4633
classes that are described in section 3317.014 of the Revised	4634
Code, are provided by the community school, and are comparable as	4635
determined by the superintendent of public instruction to school	4636
district vocational education programs and classes eligible for	4637
state weighted funding under section 3317.014 of the Revised Code,	4638
an amount equal to the applicable vocational education weight	4639
times the community school's base formula amount times the	4640
percentage of time the student spends in the vocational education	4641
programs or classes.	4642

(5) An amount equal to the sum of the amounts obtained when,	4643
for each school district where the community school's students are	4644
entitled to attend school, the number of that district's students	4645
enrolled in the community school who are included in the	4646
district's poverty student count is multiplied by the per pupil	4647
amount of poverty-based assistance that school district receives	4648
that year pursuant to division (C) of section 3317.029 of the	4649
Revised Code, as adjusted by any poverty-based assistance	4650
reduction factor of the community school. The per pupil amount of	4651
aid shall be determined as described in division (C)(4) of this	4652
section.	4653

(6) An amount equal to the sum of the amounts obtained when,	4654
for each school district where the community school's students are	4655
entitled to attend school, the district's per pupil amount of aid	4656
received under division (E) of section 3317.029 of the Revised	4657
Code, as adjusted by any poverty-based assistance reduction factor	4658
of the community school, is multiplied by the sum of the	4659
following:	4660

(a) The number of the district's students reported under	4661
division (B)(2)(a) of this section who are enrolled in grades one	4662
to three in that community school and who are not receiving	4663
special education and related services pursuant to an IEP;	4664

(b) One-half of the district's students who are enrolled in	4665
all-day or any other kindergarten class in that community school	4666
and who are not receiving special education and related services	4667
pursuant to an IEP;	4668

(c) One-half of the district's students who are enrolled in	4669
all-day kindergarten in that community school and who are not	4670
receiving special education and related services pursuant to an	4671
IEP.	4672

The district's per pupil amount of aid under division (E) of	4673
section 3317.029 of the Revised Code shall be determined as	4674
described in division (C)(5) of this section.	4675

(7) An amount equal to the sum of the amounts obtained when,	4676
for each school district where the community school's students are	4677
entitled to attend school, the number of that district's students	4678
enrolled in the community school who are identified as	4679
limited-English proficient is multiplied by the district's per	4680
pupil amount received under division (F) of section 3317.029 of	4681
the Revised Code, as adjusted by any poverty-based assistance	4682
reduction factor of the community school.	4683

(8) An amount equal to the sum of the amounts obtained when,	4684
for each school district where the community school's students are	4685
entitled to attend school, the district's per pupil amount	4686
received under division (G) of section 3317.029 of the Revised	4687
Code, as adjusted by any poverty-based assistance reduction factor	4688
of the community school, is multiplied by the sum of the	4689
following:	4690

(a) The number of the district's students enrolled in grades	4691
one through twelve in that community school;	4692

(b) One-half of the number of the district's students	4693
enrolled in kindergarten in that community school.	4694

The district's per pupil amount under division (G) of section	4695
3317.029 of the Revised Code shall be determined as described in	4696
division (C)(7) of this section.	4697

(9) An amount equal to the sum of the amounts obtained when,	4698
for each school district where the community school's students are	4699
entitled to attend school, the district's per pupil amount	4700
received under divisions (H) and (I) of section 3317.029 of the	4701
Revised Code, as adjusted by any poverty-based assistance	4702
reduction factor of the community school, is multiplied by the sum	4703
of the following:	4704

(a) The number of the district's students enrolled in grades	4705
one through twelve in that community school;	4706

(b) One-half of the number of the district's students	4707
enrolled in kindergarten in that community school.	4708

The district's per pupil amount under divisions (H) and (I)	4709
of section 3317.029 of the Revised Code shall be determined as	4710
described in division (C)(8) of this section.	4711

(10) An amount equal to the sum of the amounts obtained when,	4712
for each school district where the community school's students are	4713
entitled to attend school, the district's per pupil amount of	4714
state parity aid funding calculated under either division (C) or	4715
(D) of section 3317.0217 of the Revised Code is multiplied by the	4716
sum of the number of that district's students enrolled in grades	4717
one through twelve, and one-half of the number of that district's	4718
students enrolled in kindergarten, in the community school as	4719
reported under divisions (B)(2)(a) and (b) of this section.	4720

(E)(1) If a community school's costs for a fiscal year for a	4721
student receiving special education and related services pursuant	4722
to an IEP for a disability described in divisions (B) to (F) of	4723
section 3317.013 of the Revised Code exceed the threshold	4724
catastrophic cost for serving the student as specified in division	4725
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	4726
submit to the superintendent of public instruction documentation,	4727
as prescribed by the superintendent, of all its costs for that	4728
student. Upon submission of documentation for a student of the	4729
type and in the manner prescribed, the department shall pay to the	4730
community school an amount equal to the school's costs for the	4731
student in excess of the threshold catastrophic costs.	4732

(2) The community school shall only report under division	4733
(E)(1) of this section, and the department shall only pay for, the	4734
costs of educational expenses and the related services provided to	4735
the student in accordance with the student's individualized	4736
education program. Any legal fees, court costs, or other costs	4737
associated with any cause of action relating to the student may	4738
not be included in the amount.	4739

(F) A community school may apply to the department of	4740
education for preschool children with disabilities unit funding	4741
the school would receive if it were a school district. Upon	4742
request of its governing authority, a community school that	4743
received such unit funding as a school district-operated school	4744
before it became a community school shall retain any units awarded	4745
to it as a school district-operated school provided the school	4746
continues to meet eligibility standards for the unit.	4747

A community school shall be considered a school district and	4748
its governing authority shall be considered a board of education	4749
for the purpose of applying to any state or federal agency for	4750
grants that a school district may receive under federal or state	4751
law or any appropriations act of the general assembly. The	4752
governing authority of a community school may apply to any private	4753
entity for additional funds.	4754

(G) A board of education sponsoring a community school may	4755
utilize local funds to make enhancement grants to the school or	4756
may agree, either as part of the contract or separately, to	4757
provide any specific services to the community school at no cost	4758
to the school.	4759

(H) A community school may not levy taxes or issue bonds	4760
secured by tax revenues.	4761

(I) No community school shall charge tuition for the	4762
enrollment of any student.	4763

(J)(1)(a) A community school may borrow money to pay any	4764
necessary and actual expenses of the school in anticipation of the	4765
receipt of any portion of the payments to be received by the	4766
school pursuant to division (D) of this section. The school may	4767
issue notes to evidence such borrowing. The proceeds of the notes	4768
shall be used only for the purposes for which the anticipated	4769
receipts may be lawfully expended by the school.	4770

(b) A school may also borrow money for a term not to exceed	4771
fifteen years for the purpose of acquiring facilities.	4772

(2) Except for any amount guaranteed under section 3318.50 of	4773
the Revised Code, the state is not liable for debt incurred by the	4774
governing authority of a community school.	4775

(K) For purposes of determining the number of students for	4776
which divisions (D)(5) and (6) of this section applies in any	4777
school year, a community school may submit to the department of	4778
job and family services, no later than the first day of March, a	4779
list of the students enrolled in the school. For each student on	4780
the list, the community school shall indicate the student's name,	4781
address, and date of birth and the school district where the	4782
student is entitled to attend school. Upon receipt of a list under	4783
this division, the department of job and family services shall	4784
determine, for each school district where one or more students on	4785
the list is entitled to attend school, the number of students	4786
residing in that school district who were included in the	4787
department's report under section 3317.10 of the Revised Code. The	4788
department shall make this determination on the basis of	4789
information readily available to it. Upon making this	4790
determination and no later than ninety days after submission of	4791
the list by the community school, the department shall report to	4792
the state department of education the number of students on the	4793
list who reside in each school district who were included in the	4794
department's report under section 3317.10 of the Revised Code. In	4795
complying with this division, the department of job and family	4796
services shall not report to the state department of education any	4797
personally identifiable information on any student.	4798

(L) The department of education shall adjust the amounts	4799
subtracted and paid under divisions (C) and (D) of this section to	4800
reflect any enrollment of students in community schools for less	4801
than the equivalent of a full school year. The state board of	4802
education within ninety days after April 8, 2003, shall adopt in	4803
accordance with Chapter 119. of the Revised Code rules governing	4804
the payments to community schools under this section and section	4805
3314.13 of the Revised Code including initial payments in a school	4806
year and adjustments and reductions made in subsequent periodic	4807
payments to community schools and corresponding deductions from	4808
school district accounts as provided under divisions (C) and (D)	4809
of this section and section 3314.13 of the Revised Code. For	4810
purposes of this section and section 3314.13 of the Revised Code:	4811

(1) A student shall be considered enrolled in the community	4812
school for any portion of the school year the student is	4813
participating at a college under Chapter 3365. of the Revised	4814
Code.	4815

(2) A student shall be considered to be enrolled in a	4816
community school for the period of time beginning on the later of	4817
the date on which the school both has received documentation of	4818
the student's enrollment from a parent and the student has	4819
commenced participation in learning opportunities as defined in	4820
the contract with the sponsor, or thirty days prior to the date on	4821
which the student is entered into the education management	4822
information system established under section 3301.0714 of the	4823
Revised Code. For purposes of applying this division and divisions	4824
(L)(3) and (4) of this section to a community school student,	4825
"learning opportunities" shall be defined in the contract, which	4826
shall describe both classroom-based and non-classroom-based	4827
learning opportunities and shall be in compliance with criteria	4828
and documentation requirements for student participation which	4829
shall be established by the department. Any student's instruction	4830
time in non-classroom-based learning opportunities shall be	4831
certified by an employee of the community school. A student's	4832
enrollment shall be considered to cease on the date on which any	4833
of the following occur:	4834

(a) The community school receives documentation from a parent	4835
terminating enrollment of the student.	4836

(b) The community school is provided documentation of a	4837
student's enrollment in another public or private school.	4838

(c) The community school ceases to offer learning	4839
opportunities to the student pursuant to the terms of the contract	4840
with the sponsor or the operation of any provision of this	4841
chapter.	4842

Except as otherwise specified in this paragraph, beginning in	4843
the 2011-2012 school year, any student who completed the prior	4844
school year in an internet- or computer-based community school	4845
shall be considered to be enrolled in the same school in the	4846
subsequent school year until the student's enrollment has ceased	4847
as specified in division (L)(2) of this section. The department	4848
shall continue subtracting and paying amounts for the student	4849
under divisions (C) and (D) of this section without interruption	4850
at the start of the subsequent school year. However, if the	4851
student without a legitimate excuse fails to participate in the	4852
first one hundred five consecutive hours of learning opportunities	4853
offered to the student in that subsequent school year, the student	4854
shall be considered not to have re-enrolled in the school for that	4855
school year and the department shall recalculate the payments to	4856
the school for that school year to account for the fact that the	4857
student is not enrolled.	4858

(3) The department shall determine each community school	4859
student's percentage of full-time equivalency based on the	4860
percentage of learning opportunities offered by the community	4861
school to that student, reported either as number of hours or	4862
number of days, is of the total learning opportunities offered by	4863
the community school to a student who attends for the school's	4864
entire school year. However, no internet- or computer-based	4865
community school shall be credited for any time a student spends	4866
participating in learning opportunities beyond ten hours within	4867
any period of twenty-four consecutive hours. Whether it reports	4868
hours or days of learning opportunities, each community school	4869
shall offer not less than nine hundred twenty hours of learning	4870
opportunities during the school year.	4871

(4) With respect to the calculation of full-time equivalency	4872
under division (L)(3) of this section, the department shall waive	4873
the number of hours or days of learning opportunities not offered	4874
to a student because the community school was closed during the	4875
school year due to disease epidemic, hazardous weather conditions,	4876
law enforcement emergencies, inoperability of school buses or	4877
other equipment necessary to the school's operation, damage to a	4878
school building, or other temporary circumstances due to utility	4879
failure rendering the school building unfit for school use, so	4880
long as the school was actually open for instruction with students	4881
in attendance during that school year for not less than the	4882
minimum number of hours required by this chapter. The department	4883
shall treat the school as if it were open for instruction with	4884
students in attendance during the hours or days waived under this	4885
division.	4886

(M) The department of education shall reduce the amounts paid	4887
under division (D) of this section to reflect payments made to	4888
colleges under division (B) of section 3365.07 of the Revised Code	4889
or through alternative funding agreements entered into under rules	4890
adopted under section 3365.12 of the Revised Code.	4891

(N)(1) No student shall be considered enrolled in any	4892
internet- or computer-based community school or, if applicable to	4893
the student, in any community school that is required to provide	4894
the student with a computer pursuant to division (C) of section	4895
3314.22 of the Revised Code, unless both of the following	4896
conditions are satisfied:	4897

(a) The student possesses or has been provided with all	4898
required hardware and software materials and all such materials	4899
are operational so that the student is capable of fully	4900
participating in the learning opportunities specified in the	4901
contract between the school and the school's sponsor as required	4902
by division (A)(23) of section 3314.03 of the Revised Code;	4903

(b) The school is in compliance with division (A) of section	4904
3314.22 of the Revised Code, relative to such student.	4905

(2) In accordance with policies adopted jointly by the	4906
superintendent of public instruction and the auditor of state, the	4907
department shall reduce the amounts otherwise payable under	4908
division (D) of this section to any community school that includes	4909
in its program the provision of computer hardware and software	4910
materials to any student, if such hardware and software materials	4911
have not been delivered, installed, and activated for each such	4912
student in a timely manner or other educational materials or	4913
services have not been provided according to the contract between	4914
the individual community school and its sponsor.	4915

The superintendent of public instruction and the auditor of	4916
state shall jointly establish a method for auditing any community	4917
school to which this division pertains to ensure compliance with	4918
this section.	4919

The superintendent, auditor of state, and the governor shall	4920
jointly make recommendations to the general assembly for	4921
legislative changes that may be required to assure fiscal and	4922
academic accountability for such schools.	4923

(O)(1) If the department determines that a review of a	4924
community school's enrollment is necessary, such review shall be	4925
completed and written notice of the findings shall be provided to	4926
the governing authority of the community school and its sponsor	4927
within ninety days of the end of the community school's fiscal	4928
year, unless extended for a period not to exceed thirty additional	4929
days for one of the following reasons:	4930

(a) The department and the community school mutually agree to	4931
the extension.	4932

(b) Delays in data submission caused by either a community	4933
school or its sponsor.	4934

(2) If the review results in a finding that additional	4935
funding is owed to the school, such payment shall be made within	4936
thirty days of the written notice. If the review results in a	4937
finding that the community school owes moneys to the state, the	4938
following procedure shall apply:	4939

(a) Within ten business days of the receipt of the notice of	4940
findings, the community school may appeal the department's	4941
determination to the state board of education or its designee.	4942

(b) The board or its designee shall conduct an informal	4943
hearing on the matter within thirty days of receipt of such an	4944
appeal and shall issue a decision within fifteen days of the	4945
conclusion of the hearing.	4946

(c) If the board has enlisted a designee to conduct the	4947
hearing, the designee shall certify its decision to the board. The	4948
board may accept the decision of the designee or may reject the	4949
decision of the designee and issue its own decision on the matter.	4950

(d) Any decision made by the board under this division is	4951
final.	4952

(3) If it is decided that the community school owes moneys to	4953
the state, the department shall deduct such amount from the	4954
school's future payments in accordance with guidelines issued by	4955
the superintendent of public instruction.	4956

(P) The department shall not subtract from a school	4957
district's state aid account under division (C) of this section	4958
and shall not pay to a community school under division (D) of this	4959
section any amount for any of the following:	4960

(1) Any student who has graduated from the twelfth grade of a	4961
public or nonpublic high school;	4962

(2) Any student who is not a resident of the state;

4963

(3) Any student who was enrolled in the community school	4964
during the previous school year when assessments were administered	4965
under section 3301.0711 of the Revised Code but did not take one	4966
or more of the assessments required by that section and was not	4967
excused pursuant to division (C)(1) or (3) of that section, unless	4968
the superintendent of public instruction grants the student a	4969
waiver from the requirement to take the assessment and a parent is	4970
not paying tuition for the student pursuant to section 3314.26 of	4971
the Revised Code. The superintendent may grant a waiver only for	4972
good cause in accordance with rules adopted by the state board of	4973
education.	4974

(4) Any student who has attained the age of twenty-two years,	4975
except for veterans of the armed services whose attendance was	4976
interrupted before completing the recognized twelve-year course of	4977
the public schools by reason of induction or enlistment in the	4978
armed forces and who apply for enrollment in a community school	4979
not later than four years after termination of war or their	4980
honorable discharge. If, however, any such veteran elects to	4981
enroll in special courses organized for veterans for whom tuition	4982
is paid under federal law, or otherwise, the department shall not	4983
subtract from a school district's state aid account under division	4984
(C) of this section and shall not pay to a community school under	4985
division (D) of this section any amount for that veteran.	4986

Sec. 3314.11. (A) The board of education of each city,	4987
exempted village, and local school district monthly shall review	4988
enrollment for students enrolled in community schools established	4989
under this chapter and entitled to attend school in the district	4990
under section 3313.64 or 3313.65 of the Revised Code. For each	4991
student, the district shall verify to the department of education	4992
both of the following:	4993

(1) The community school in which the student is enrolled;

4994

(2) That the student is entitled to attend school in the	4995
district under section 3313.64 or 3313.65 of the Revised Code.	4996

(B) For purposes of its initial reporting of the school	4997
districts its students are entitled to attend, the governing	4998
authority of a community school may adopt a policy that prescribes	4999
the number of documents listed in division (E) of this section	5000
required to verify a student's residency. This policy, if adopted,	5001
shall supersede any policy concerning the number of documents for	5002
initial residency verification adopted by the district the student	5003
is entitled to attend. If a community school does not adopt a	5004
policy under this division, the policy of the school district in	5005
which the student is entitled to attend shall prevail.	5006

(C) In making the determinations under this section, the	5007
school district in which a parent or child resides is the location	5008
the parent or student has established as the primary residence and	5009
where substantial family activity takes place.	5010

(D) If a district's determination under division (A) of this	5011
section of the school district a student is entitled to attend	5012
under section 3313.64 or 3313.65 of the Revised Code differs from	5013
a community school's determination under division (B) of this	5014
section, the community school shall provide the school district	5015
that made the determination under division (A) of this section	5016
with documentation of the student's residency and shall make a	5017
good faith effort to accurately identify the correct residence of	5018
the student.	5019

(E) For purposes of this section, the following documents may	5020
serve as evidence of primary residence:	5021

(1) A deed, mortgage, lease, current home owner's or renter's	5022
insurance declaration page, or current real property tax bill;	5023

(2) A utility bill or receipt of utility installation issued	5024
within ninety days of enrollment;	5025

(3) A paycheck or paystub issued to the parent or student	5026
within ninety days of the date of enrollment that includes the	5027
address of the parent's or student's primary residence;	5028

(4) The most current available bank statement issued to the	5029
parent or student that includes the address of the parent's or	5030
student's primary residence;	5031

(5) Any other official document issued to the parent or	5032
student that includes the address of the parent's or student's	5033
primary residence. The superintendent of public instruction shall	5034
develop guidelines for determining what qualifies as an "official	5035
document" under this division.	5036

(F) When a student loses permanent housing and becomes a	5037
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	5038
child who is such a homeless child or youth changes temporary	5039
living arrangements, the district in which the student is entitled	5040
to attend school shall be determined in accordance with division	5041
(F)(13) of section 3313.64 of the Revised Code and the	5042
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	5043

(G) In the event of a disagreement as to which school	5044
district a student is entitled to attend, the community school,	5045
after complying with division (D) of this section, but not more	5046
than sixty days after the monthly deadline established by the	5047
department of education for reporting of community school	5048
enrollment, may present the matter to the superintendent of public	5049
instruction. Not later than thirty days after the community school	5050
presents the matter, the state superintendent, or the state	5051
superintendent's designee, shall determine which district the	5052
student is entitled to attend and shall direct any necessary	5053
adjustments to payments and deductions under sections 3314.08 and	5054
3314.13 of the Revised Code based on that determination.	5055

Sec. 3314.15. The governing authority of a community school,	5056
other than an internet- or computer-based community school, may	5057
screen students for body mass index and weight status category. If	5058
a governing authority elects to require the screenings, it shall	5059
comply with section 3313.674 of the Revised Code in the same	5060
manner required of a school district board of education.	5061

Sec. 3314.17. (A) Each community school established under	5062
this chapter shall participate in the statewide education	5063
management information system established under section 3301.0714	5064
of the Revised Code. All provisions of that section and the rules	5065
adopted under that section apply to each community school as if it	5066
were a school district, except as modified for community schools	5067
under division (B) of this section. Each community school shall	5068
comply with division ~~(B)~~(C) of section 3301.0723 of the Revised	5069
Code.	5070

(B) The rules adopted by the state board of education under	5071
section 3301.0714 of the Revised Code may distinguish methods and	5072
timelines for community schools to annually report data, which	5073
methods and timelines differ from those prescribed for school	5074
districts. Any methods and timelines prescribed for community	5075
schools shall be appropriate to the academic schedule and	5076
financing of community schools. The guidelines, however, shall not	5077
modify the actual data required to be reported under that section.	5078

(C) Each fiscal officer appointed under section 3314.011 of	5079
the Revised Code is responsible for annually reporting the	5080
community school's data under section 3301.0714 of the Revised	5081
Code. If the superintendent of public instruction determines that	5082
a community school fiscal officer has willfully failed to report	5083
data or has willfully reported erroneous, inaccurate, or	5084
incomplete data in any year, or has negligently reported	5085
erroneous, inaccurate, or incomplete data in the current and any	5086
previous year, the superintendent may impose a civil penalty of	5087
one hundred dollars on the fiscal officer after providing the	5088
officer with notice and an opportunity for a hearing in accordance	5089
with Chapter 119. of the Revised Code. The superintendent's	5090
authority to impose civil penalties under this division does not	5091
preclude the state board of education from suspending or revoking	5092
the license of a community school employee under division (N) of	5093
section 3301.0714 of the Revised Code.	5094

(D) No community school shall acquire, change, or update its	5095
student administration software package to manage and report data	5096
required to be reported to the department unless it converts to a	5097
student software package that is certified by the department.	5098

Sec. 3314.18. (A) Subject to division (C) of this section,	5099
the governing authority of each community school shall establish a	5100
breakfast program pursuant to the "National School Lunch Act," 60	5101
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	5102
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	5103
if at least one-fifth of the pupils in the school are eligible	5104
under federal requirements for free breakfasts, and shall	5105
establish a lunch program pursuant to those acts if at least	5106
one-fifth of the pupils are eligible for free lunches. The	5107
governing authority required to establish a breakfast program	5108
under this division may make a charge in accordance with federal	5109
requirements for each reduced price breakfast or paid breakfast to	5110
cover the cost incurred in providing that meal.	5111

(B) Subject to division (C) of this section, the governing	5112
authority of each community school shall establish one of the	5113
following for summer intervention services described in division	5114
(D) of section 3301.0711 ~~and~~or provided under section 3313.608 of	5115
the Revised Code, and any other summer intervention program	5116
required by law:	5117

(1) An extension of the school breakfast program pursuant to	5118
the "National School Lunch Act" and the "Child Nutrition Act of	5119
1966";	5120

(2) An extension of the school lunch program pursuant to	5121
those acts;	5122

(3) A summer food service program pursuant to those acts.

5123

(C) If the governing authority of a community school	5124
determines that, for financial reasons, it cannot comply with	5125
division (A) or (B) of this section, the governing authority may	5126
choose not to comply with either or both divisions. In that case,	5127
the governing authority shall communicate to the parents of its	5128
students, in the manner it determines appropriate, its decision	5129
not to comply.	5130

(D) The governing authority of each community school required	5131
to establish a school breakfast, school lunch, or summer food	5132
service program under this section shall apply for state and	5133
federal funds allocated by the state board of education under	5134
division (B) of section 3313.813 of the Revised Code and shall	5135
comply with the state board's standards adopted under that	5136
division.	5137

(E) The governing authority of any community school required	5138
to establish a breakfast program under this section or that elects	5139
to participate in a breakfast program pursuant to the "National	5140
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	5141
breakfast to pupils in their classrooms during the school day.	5142

(F) Notwithstanding anything in this section to the contrary,	5143
in each fiscal year in which the general assembly appropriates	5144
funds for purposes of this division, the governing authority of	5145
each community school required to establish a breakfast program	5146
under this section or that elects to participate in a breakfast	5147
program pursuant to the "National School Lunch Act" and the "Child	5148
Nutrition Act of 1966" shall provide a breakfast free of charge to	5149
each pupil who is eligible under federal requirements for a	5150
reduced price breakfast.	5151

(G) This section does not apply to internet- or	5152
computer-based community schools.	5153

Sec. 3314.35. (A)(1) Except as provided in division (A)(3)	5154
of this section, this section applies to any community school that	5155
meets one of the following criteria after July 1, 2009, but before	5156
July 1, 2011:	5157

(a) The school does not offer a grade level higher than three	5158
and has been declared to be in a state of academic emergency under	5159
section 3302.03 of the Revised Code for three of the four most	5160
recent school years.	5161

(b) The school satisfies all of the following conditions:

5162

(i) The school offers any of grade levels four to eight but	5163
does not offer a grade level higher than nine.	5164

(ii) The school has been declared to be in a state of	5165
academic emergency under section 3302.03 of the Revised Code for	5166
two of the three most recent school years.	5167

(iii) In at least two of the three most recent school years,	5168
the school showed less than one standard year of academic growth	5169
in either reading or mathematics, as determined by the department	5170
of education in accordance with rules adopted under division (A)	5171
of section 3302.021 of the Revised Code.	5172

(c) The school offers any of grade levels ten to twelve and	5173
has been declared to be in a state of academic emergency under	5174
section 3302.03 of the Revised Code for three of the four most	5175
recent school years.	5176

(2) Except as provided in division (A)(3) of this section,	5177
this section applies to any community school that meets one of the	5178
following criteria after July 1, 2011:	5179

(a) The school does not offer a grade level higher than three	5180
and has been declared to be in a state of academic emergency under	5181
section 3302.03 of the Revised Code for two of the three most	5182
recent school years.	5183

(b) The school satisfies all of the following conditions:

5184

(i) The school offers any of grade levels four to eight but	5185
does not offer a grade level higher than nine.	5186

(ii) The school has been declared to be in a state of	5187
academic emergency under section 3302.03 of the Revised Code for	5188
two of the three most recent school years.	5189

(iii) In at least two of the three most recent school years,	5190
the school showed less than one standard year of academic growth	5191
in either reading or mathematics, as determined by the department	5192
in accordance with rules adopted under division (A) of section	5193
3302.021 of the Revised Code.	5194

(c) The school offers any of grade levels ten to twelve and	5195
has been declared to be in a state of academic emergency under	5196
section 3302.03 of the Revised Code for two of the three most	5197
recent school years.	5198

(3) This section does not apply to either of the following:

5199

(a) Any community school in which a majority of the students	5200
are enrolled in a dropout prevention and recovery program that is	5201
operated by the school and that has been granted a waiver under	5202
section 3314.36 of the Revised Code;	5203

(b) Any community school in which a majority of the enrolled	5204
students are children with disabilities receiving special	5205
education and related services in accordance with Chapter 3323. of	5206
the Revised Code.	5207

(B) Any community school to which this section applies shall	5208
permanently close at the conclusion of the school year in which	5209
the school first becomes subject to this section. The sponsor and	5210
governing authority of the school shall comply with all procedures	5211
for closing a community school adopted by the department under	5212
division (E) of section 3314.015 of the Revised Code. The	5213
governing authority of the school shall not enter into a contract	5214
with any other sponsor under section 3314.03 of the Revised Code	5215
after the school closes.	5216

(C) In accordance with division (B) of section 3314.012 of	5217
the Revised Code, the department shall not consider the	5218
performance ratings assigned to a community school for its first	5219
two years of operation when determining whether the school meets	5220
the criteria prescribed by division (A)(1) or (2) of this section.	5221

(D) Notwithstanding division (A)(3)(a) of this section, if,	5222
by March 31, 2013, the general assembly does not enact for	5223
community schools described in that division performance	5224
standards, a report card rating system, and criteria for closure,	5225
those schools shall be required to permanently close upon meeting	5226
the criteria prescribed in division (A)(2) of this section, except	5227
that, subject to division (C) of this section, only the	5228
performance ratings issued for the 2012-2013 school year and later	5229
shall count in determining if the criteria are met.	5230

Sec. 3314.36. (A) ~~Section~~Except as otherwise provided in	5231
division (D) of section 3314.35 of the Revised Code, that section	5232
does not apply to any community school in which a majority of the	5233
students are enrolled in a dropout prevention and recovery program	5234
that is operated by the school and that has been granted a waiver	5235
by the department of education. The department shall grant a	5236
waiver to a dropout prevention and recovery program, within sixty	5237
days after the program applies for the waiver, if the program	5238
meets all of the following conditions:	5239

(1) The program serves only students not younger than sixteen	5240
years of age and not older than twenty-one years of age.	5241

(2) The program enrolls students who, at the time of their	5242
initial enrollment, either, or both, are at least one grade level	5243
behind their cohort age groups or experience crises that	5244
significantly interfere with their academic progress such that	5245
they are prevented from continuing their traditional programs.	5246

(3) The program requires students to attain at least the	5247
applicable score designated for each of the assessments prescribed	5248
under division (B)(1) of section 3301.0710 of the Revised Code or,	5249
to the extent prescribed by rule of the state board of education	5250
under division (D)(6) of section 3301.0712 of the Revised Code,	5251
division (B)(2) of that section.	5252

(4) The program develops an individual career plan for the	5253
student that specifies the student's matriculating to a two-year	5254
degree program, acquiring a business and industry credential, or	5255
entering an apprenticeship.	5256

(5) The program provides counseling and support for the	5257
student related to the plan developed under division (A)(4) of	5258
this section during the remainder of the student's high school	5259
experience.	5260

(6) Prior to receiving the waiver, the program has submitted	5261
to the department an instructional plan that demonstrates how the	5262
academic content standards adopted by the state board of education	5263
under section 3301.079 of the Revised Code will be taught and	5264
assessed.	5265

If the department does not act either to grant the waiver or	5266
to reject the program application for the waiver within sixty days	5267
as required under this section, the waiver shall be considered to	5268
be granted.	5269

(B) Notwithstanding division (A) of this section, the	5270
department shall not grant a waiver to any community school that	5271
did not qualify for a waiver under this section when it initially	5272
began operations, unless the state board of education approves the	5273
waiver.	5274

Sec. 3317.01. As used in this section, "school district,"	5275
unless otherwise specified, means any city, local, exempted	5276
village, joint vocational, or cooperative education school	5277
district and any educational service center.	5278

This chapter shall be administered by the state board of	5279
education. The superintendent of public instruction shall	5280
calculate the amounts payable to each school district and shall	5281
certify the amounts payable to each eligible district to the	5282
treasurer of the district as provided by this chapter. As soon as	5283
possible after such amounts are calculated, the superintendent	5284
shall certify to the treasurer of each school district the	5285
district's adjusted charge-off increase, as defined in section	5286
5705.211 of the Revised Code. No moneys shall be distributed	5287
pursuant to this chapter without the approval of the controlling	5288
board.	5289

The state board of education shall, in accordance with	5290
appropriations made by the general assembly, meet the financial	5291
obligations of this chapter.	5292

Moneys distributed pursuant to this chapter shall be	5293
calculated and paid on a fiscal year basis, beginning with the	5294
first day of July and extending through the thirtieth day of June.	5295
The moneys appropriated for each fiscal year shall be distributed	5296
periodically to each school district unless otherwise provided	5297
for. The state board, in June of each year, shall submit to the	5298
controlling board the state board's year-end distributions	5299
pursuant to this chapter.	5300

Except as otherwise provided, payments under this chapter	5301
shall be made only to those school districts in which:	5302

(A) The school district, except for any educational service	5303
center and any joint vocational or cooperative education school	5304
district, levies for current operating expenses at least twenty	5305
mills. Levies for joint vocational or cooperative education school	5306
districts or county school financing districts, limited to or to	5307
the extent apportioned to current expenses, shall be included in	5308
this qualification requirement. School district income tax levies	5309
under Chapter 5748. of the Revised Code, limited to or to the	5310
extent apportioned to current operating expenses, shall be	5311
included in this qualification requirement to the extent	5312
determined by the tax commissioner under division (D) of section	5313
3317.021 of the Revised Code.	5314

(B) The school year next preceding the fiscal year for which	5315
such payments are authorized meets the requirement of section	5316
3313.48 or 3313.481 of the Revised Code, with regard to the	5317
minimum number of days or hours school must be open for	5318
instruction with pupils in attendance, for individualized	5319
parent-teacher conference and reporting periods, and for	5320
professional meetings of teachers. This requirement shall be	5321
waived by the superintendent of public instruction if it had been	5322
necessary for a school to be closed because of disease epidemic,	5323
hazardous weather conditions, law enforcement emergencies,	5324
inoperability of school buses or other equipment necessary to the	5325
school's operation, damage to a school building, or other	5326
temporary circumstances due to utility failure rendering the	5327
school building unfit for school use, provided that for those	5328
school districts operating pursuant to section 3313.48 of the	5329
Revised Code the number of days the school was actually open for	5330
instruction with pupils in attendance and for individualized	5331
parent-teacher conference and reporting periods is not less than	5332
one hundred seventy-five, or for those school districts operating	5333
on a trimester plan the number of days the school was actually	5334
open for instruction with pupils in attendance not less than	5335
seventy-nine days in any trimester, for those school districts	5336
operating on a quarterly plan the number of days the school was	5337
actually open for instruction with pupils in attendance not less	5338
than fifty-nine days in any quarter, or for those school districts	5339
operating on a pentamester plan the number of days the school was	5340
actually open for instruction with pupils in attendance not less	5341
than forty-four days in any pentamester.	5342

A school district shall not be considered to have failed to	5343
comply with this division or section 3313.481 of the Revised Code	5344
because schools were open for instruction but either twelfth grade	5345
students were excused from attendance for up to three days or only	5346
a portion of the kindergarten students were in attendance for up	5347
to three days in order to allow for the gradual orientation to	5348
school of such students.	5349

The superintendent of public instruction shall waive the	5350
requirements of this section with reference to the minimum number	5351
of days or hours school must be in session with pupils in	5352
attendance for the school year succeeding the school year in which	5353
a board of education initiates a plan of operation pursuant to	5354
section 3313.481 of the Revised Code. The minimum requirements of	5355
this section shall again be applicable to such a district	5356
beginning with the school year commencing the second July	5357
succeeding the initiation of one such plan, and for each school	5358
year thereafter.	5359

A school district shall not be considered to have failed to	5360
comply with this division or section 3313.48 or 3313.481 of the	5361
Revised Code because schools were open for instruction but the	5362
length of the regularly scheduled school day, for any number of	5363
days during the school year, was reduced by not more than two	5364
hours due to hazardous weather conditions.	5365

A board of education or governing board of an educational	5366
service center which has not conformed with other law and the	5367
rules pursuant thereto, shall not participate in the distribution	5368
of funds authorized by this chapter, except for good and	5369
sufficient reason established to the satisfaction of the state	5370
board of education and the state controlling board.	5371

All funds allocated to school districts under this chapter,	5372
except those specifically allocated for other purposes, shall be	5373
used to pay current operating expenses only.	5374

Sec. 3317.11. (A) As used in this section:

5375

(1) "Client school district" means a city, exempted village,	5376
or local school district that has entered into an agreement under	5377
section 3313.843 of the Revised Code to receive any services from	5378
an educational service center.	5379

(2) "Service center ADM" means the sum of the total student	5380
counts of all of an educational service center's client school	5381
districts.	5382

(3) "STEM school" means a science, technology, engineering,	5383
and mathematics school established under Chapter 3326. of the	5384
Revised Code.	5385

(4) "Total student count" has the same meaning as in section	5386
3301.011 of the Revised Code.	5387

(B)~~(1)~~Beginning with the 2012-2013 school year, this	5388
division shall not apply to any client school district that has	5389
elected not to receive supervisory services under this division,	5390
as specified in the district's agreement under section 3313.843 of	5391
the Revised Code, and the department of education shall not make	5392
any deductions for the district under this division.	5393

(1) The governing board of each educational service center	5394
shall provide supervisory services to each of its client school	5395
districts. Except as provided in division (B)(2) of this section,	5396
the supervisory services shall not exceed one supervisory teacher	5397
for the first fifty classroom teachers required to be employed in	5398
the districts, as calculated in the manner prescribed under former	5399
division (B) of section 3317.023 of the Revised Code, as that	5400
division existed prior to June 30, 2011, and one for each	5401
additional one hundred required classroom teachers, as so	5402
calculated.	5403

The supervisory services shall be financed annually through	5404
supervisory units. Except as provided in division (B)(2) of this	5405
section, the number of supervisory units assigned to each district	5406
shall not exceed one unit for the first fifty classroom teachers	5407
required to be employed in the district, as calculated in the	5408
manner prescribed under former division (B) of section 3317.023 of	5409
the Revised Code, as that division existed prior to June 30, 2011,	5410
and one for each additional one hundred required classroom	5411
teachers, as so calculated. The cost of each supervisory unit	5412
shall be the sum of:	5413

(a) The minimum salary prescribed by section 3317.13 of the	5414
Revised Code for the licensed supervisory employee of the	5415
governing board;	5416

(b) An amount equal to fifteen per cent of that salary;

5417

(c) An allowance for necessary travel expenses, limited to	5418
the lesser of two hundred twenty-three dollars and sixteen cents	5419
per month or two thousand six hundred seventy-eight dollars per	5420
year.	5421

(2) If a majority of the boards of education, or	5422
superintendents acting on behalf of the boards, of the client	5423
school districts receiving services from the educational service	5424
center agree to receive additional supervisory services and to pay	5425
the cost of a corresponding number of supervisory units in excess	5426
of the services and units specified in division (B)(1) of this	5427
section, the service center shall provide the additional services	5428
as agreed to by the majority of districts to, and the department	5429
~~of education~~ shall apportion the cost of the corresponding number	5430
of additional supervisory units pursuant to division (B)(3) of	5431
this section among, all of the service center's client school	5432
districts.	5433

(3) The department shall apportion the total cost for all	5434
supervisory units among the service center's client school	5435
districts based on each district's total student count. The	5436
department shall deduct each district's apportioned share pursuant	5437
to division (B) of section 3317.023 of the Revised Code and pay	5438
the apportioned share to the service center.	5439

(C) The department annually shall deduct from each client	5440
school district of each educational service center, pursuant to	5441
division (B) of section 3317.023 of the Revised Code, and pay to	5442
the service center an amount equal to six dollars and fifty cents	5443
times the school district's total student count. The board of	5444
education, or the superintendent acting on behalf of the board, of	5445
any client school district may agree to pay an amount in excess of	5446
six dollars and fifty cents per student in total student count. If	5447
a majority of the boards of education, or superintendents acting	5448
on behalf of the boards, of the service center's client school	5449
districts approve an amount in excess of six dollars and fifty	5450
cents per student in total student count, the department shall	5451
deduct the approved excess per student amount from all of the	5452
service center's client school districts and pay the excess amount	5453
to the service center.	5454

(D) The department shall pay each educational service center	5455
the amounts due to it from school districts pursuant to contracts,	5456
compacts, or agreements under which the service center furnishes	5457
services to the districts or their students. In order to receive	5458
payment under this division, an educational service center shall	5459
furnish either a copy of the contract, compact, or agreement	5460
clearly indicating the amounts of the payments, or a written	5461
statement that clearly indicates the payments owed and is signed	5462
by the superintendent or treasurer of the responsible school	5463
district. The amounts paid to service centers under this division	5464
shall be deducted from payments to school districts pursuant to	5465
division (H)(3) of section 3317.023 of the Revised Code.	5466

(E) Each school district's deduction under this section and	5467
divisions (B) and (H)(3) of section 3317.023 of the Revised Code	5468
shall be made from the total payment computed for the district	5469
under this chapter, after making any other adjustments in that	5470
payment required by law.	5471

(F)(1) Except as provided in division (F)(2) of this section,	5472
the department annually shall pay the governing board of each	5473
educational service center state funds equal to thirty-seven	5474
dollars times its service center ADM.	5475

(2) The department annually shall pay state funds equal to	5476
forty dollars and fifty-two cents times the service center ADM to	5477
each educational service center comprising territory that was	5478
included in the territory of at least three former service centers	5479
or county school districts, which former centers or districts	5480
engaged in one or more mergers under section 3311.053 of the	5481
Revised Code to form the present center.	5482

(G) Each city, exempted village, local, joint vocational, or	5483
cooperative education school district shall pay to the governing	5484
board of an educational service center any amounts agreed to for	5485
each child enrolled in the district who receives special education	5486
and related services or career-technical education from the	5487
educational service center, unless these educational services are	5488
provided pursuant to a contract, compact, or agreement for which	5489
the department deducts and transfers payments under division (D)	5490
of this section and division (H)(3) of section 3317.023 of the	5491
Revised Code.	5492

(H) The department annually shall pay the governing board of	5493
each educational service center that has entered into a contract	5494
with a STEM school for the provision of services described in	5495
division (B) of section 3326.45 of the Revised Code state funds	5496
equal to the per-pupil amount specified in the contract for the	5497
provision of those services times the number of students enrolled	5498
in the STEM school.	5499

(I) An educational service center:

5500

(1) May provide special education and career-technical	5501
education to students in its client school districts;	5502

(2) Is eligible for transportation funding under division (C)	5503
of section 3317.024 of the Revised Code;	5504

(3) May apply for and receive gifted education units and	5505
provide gifted education services to students in its client school	5506
districts;	5507

(4) May conduct driver education for high school students in	5508
accordance with Chapter 4508. of the Revised Code.	5509

Sec. 3318.034. (A) This section applies to both of the	5510
following:	5511

(1) Any school district that has not executed an agreement	5512
for a project under sections 3318.01 to 3318.20 of the Revised	5513
Code prior to June 24, 2008;	5514

(2) Any school district that is eligible for additional	5515
assistance under sections 3318.01 to 3318.20 of the Revised Code	5516
pursuant to division (B)(2) of section 3318.04 of the Revised	5517
Code.	5518

Notwithstanding any provision of this chapter to the	5519
contrary, with the approval of the Ohio school facilities	5520
commission, any school district to which this section applies may	5521
opt to divide the district's entire classroom facilities needs, as	5522
those needs are jointly determined by the staff of the commission	5523
and the school district, into discrete segments and shall comply	5524
with all of the provisions of those sections unless otherwise	5525
provided in this section.	5526

(B) Except as provided in division (C) of this section, each	5527
segment shall comply with all of the following:	5528

(1) The segment shall consist of the new construction of one	5529
or more entire buildings or the complete renovation of one or more	5530
entire existing buildings, with any necessary additions to that	5531
building.	5532

(2) The segment shall not include any construction of or	5533
renovation or repair to any building that does not complete the	5534
needs of the district with respect to that particular building at	5535
the time the segment is completed.	5536

(3) The segment shall consist of new construction,	5537
renovations, additions, reconstruction, or repair of classroom	5538
facilities to the extent that the school district portion, as	5539
determined under section 3318.032 of the Revised Code, is an	5540
amount not less than the product of ~~0.040~~0.020 times the	5541
district's valuation at the time the agreement for the segment is	5542
executed, unless the district previously has undertaken a segment	5543
under this section and the district's portion of the estimated	5544
basic project cost of the remainder of its entire classroom	5545
facilities needs, as determined jointly by the staff of the	5546
commission and the district, is less than the amount otherwise	5547
required by this division.	5548

(C) A district described in division (A)(2) of this section	5549
that has not received the additional assistance authorized under	5550
division (B)(2) of section 3318.04 of the Revised Code may	5551
undertake a segment, with commission approval, for the purpose of	5552
renovating or replacing work performed on a facility under the	5553
district's prior project. The commission may approve that segment	5554
if the commission determines that the renovation or replacement is	5555
necessary to protect the facility. The basic project cost of the	5556
segment shall be allocated between the state and the district in	5557
accordance with section 3318.032 of the Revised Code. However, the	5558
requirements of division (B) of this section shall not apply to a	5559
segment undertaken under this division.	5560

(D) The commission shall conditionally approve and seek	5561
controlling board approval in accordance with division (A) of	5562
section 3318.04 of the Revised Code of each segment.	5563

(E) The school district's maintenance levy requirement, as	5564
defined in section 3318.18 of the Revised Code, shall run for	5565
twenty-three years from the date the first segment is undertaken;	5566
however, the maintenance levy requirement does not apply to a	5567
segment undertaken under division (C) of this section.	5568

Sec. 3318.36. (A)(1) As used in this section:

5569

(a) "Ohio school facilities commission," "classroom	5570
facilities," "school district," "school district board," "net	5571
bonded indebtedness," "required percentage of the basic project	5572
costs," "basic project cost," "valuation," and "percentile" have	5573
the same meanings as in section 3318.01 of the Revised Code.	5574

(b) "Required level of indebtedness" means five per cent of	5575
the school district's valuation for the year preceding the year in	5576
which the commission and school district enter into an agreement	5577
under division (B) of this section, plus [two one-hundredths of	5578
one per cent multiplied by (the percentile in which the district	5579
ranks minus one)].	5580

(c) "Local resources" means any moneys generated in any	5581
manner permitted for a school district board to raise the school	5582
district portion of a project undertaken with assistance under	5583
sections 3318.01 to 3318.20 of the Revised Code.	5584

(2) For purposes of determining the required level of	5585
indebtedness, the required percentage of the basic project costs	5586
under division (C)(1) of this section, and priority for assistance	5587
under sections 3318.01 to 3318.20 of the Revised Code, the	5588
percentile ranking of a school district with which the commission	5589
has entered into an agreement under this section between the first	5590
day of July and the thirty-first day of August in each fiscal year	5591
is the percentile ranking calculated for that district for the	5592
immediately preceding fiscal year, and the percentile ranking of a	5593
school district with which the commission has entered into such	5594
agreement between the first day of September and the thirtieth day	5595
of June in each fiscal year is the percentile ranking calculated	5596
for that district for the current fiscal year.	5597

(B)(1) There is hereby established the school building	5598
assistance expedited local partnership program. Under the program,	5599
the Ohio school facilities commission may enter into an agreement	5600
with the ~~school district~~ board of any school district under which	5601
the ~~school district~~ board may proceed with the new construction or	5602
major repairs of a part of the ~~school~~ district's classroom	5603
facilities needs, as determined under sections 3318.01 to 3318.20	5604
of the Revised Code, through the expenditure of local resources	5605
prior to the school district's eligibility for state assistance	5606
under those sections, and may apply that expenditure toward	5607
meeting the school district's portion of the basic project cost of	5608
the total of the ~~school~~ district's classroom facilities needs, as	5609
~~determined under sections 3318.01 to 3318.20 of the Revised Code~~	5610
~~and~~ as recalculated under division (E) of this section, ~~that are~~	5611
when the district becomes eligible for state assistance under	5612
sections 3318.01 to 3318.20 or section 3318.364 of the Revised	5613
Code ~~when the school district becomes eligible for that~~	5614
~~assistance~~. Any school district that is reasonably expected to	5615
receive assistance under sections 3318.01 to 3318.20 of the	5616
Revised Code within two fiscal years from the date the school	5617
district adopts its resolution under division (B) of this section	5618
shall not be eligible to participate in the program established	5619
under this section.	5620

(2) To participate in the program, a school district board	5621
shall first adopt a resolution certifying to the commission the	5622
board's intent to participate in the program.	5623

The resolution shall specify the approximate date that the	5624
board intends to seek elector approval of any bond or tax measures	5625
or to apply other local resources to use to pay the cost of	5626
classroom facilities to be constructed under this section. The	5627
resolution may specify the application of local resources or	5628
elector-approved bond or tax measures after the resolution is	5629
adopted by the board, and in such case the board may proceed with	5630
a discrete portion of its project under this section as soon as	5631
the commission and the controlling board have approved the basic	5632
project cost of the district's classroom facilities needs as	5633
specified in division (D) of this section. The board shall submit	5634
its resolution to the commission not later than ten days after the	5635
date the resolution is adopted by the board.	5636

The commission shall not consider any resolution that is	5637
submitted pursuant to division (B)(2) of this section, as amended	5638
by this amendment, sooner than September 14, 2000.	5639

(3) For purposes of determining when a district that enters	5640
into an agreement under this section becomes eligible for	5641
assistance under sections 3318.01 to 3318.20 of the Revised Code	5642
or priority for assistance under section 3318.364 of the Revised	5643
Code, the commission shall use the district's percentile ranking	5644
determined at the time the district entered into the agreement	5645
under this section, as prescribed by division (A)(2) of this	5646
section.	5647

(4) Any project under this section shall comply with section	5648
3318.03 of the Revised Code and with any specifications for plans	5649
and materials for classroom facilities adopted by the commission	5650
under section 3318.04 of the Revised Code.	5651

(5) If a school district that enters into an agreement under	5652
this section has not begun a project applying local resources as	5653
provided for under that agreement at the time the district is	5654
notified by the commission that it is eligible to receive state	5655
assistance under sections 3318.01 to 3318.20 of the Revised Code,	5656
all assessment and agreement documents entered into under this	5657
section are void.	5658

(6) Only construction of or repairs to classroom facilities	5659
that have been approved by the commission and have been therefore	5660
included as part of a district's basic project cost qualify for	5661
application of local resources under this section.	5662

(C) Based on the results of on-site visits and assessment,	5663
the commission shall determine the basic project cost of the	5664
school district's classroom facilities needs. The commission shall	5665
determine the school district's portion of such basic project	5666
cost, which shall be the greater of:	5667

(1) The required percentage of the basic project costs,	5668
determined based on the school district's percentile ranking;	5669

(2) An amount necessary to raise the school district's net	5670
bonded indebtedness, as of the fiscal year the commission and the	5671
school district enter into the agreement under division (B) of	5672
this section, to within five thousand dollars of the required	5673
level of indebtedness.	5674

(D)(1) When the commission determines the basic project cost	5675
of the classroom facilities needs of a school district and the	5676
school district's portion of that basic project cost under	5677
division (C) of this section, the project shall be conditionally	5678
approved. Such conditional approval shall be submitted to the	5679
controlling board for approval thereof. The controlling board	5680
shall forthwith approve or reject the commission's determination,	5681
conditional approval, and the amount of the state's portion of the	5682
basic project cost; however, no state funds shall be encumbered	5683
under this section. Upon approval by the controlling board, the	5684
school district board may identify a discrete part of its	5685
classroom facilities needs, which shall include only new	5686
construction of or additions or major repairs to a particular	5687
building, to address with local resources. Upon identifying a part	5688
of the school district's basic project cost to address with local	5689
resources, the school district board may allocate any available	5690
school district moneys to pay the cost of that identified part,	5691
including the proceeds of an issuance of bonds if approved by the	5692
electors of the school district.	5693

All local resources utilized under this division shall first	5694
be deposited in the project construction account required under	5695
section 3318.08 of the Revised Code.	5696

(2) Unless the school district board exercises its option	5697
under division (D)(3) of this section, for a school district to	5698
qualify for participation in the program authorized under this	5699
section, one of the following conditions shall be satisfied:	5700

(a) The electors of the school district by a majority vote	5701
shall approve the levy of taxes outside the ten-mill limitation	5702
for a period of twenty-three years at the rate of not less than	5703
one-half mill for each dollar of valuation to be used to pay the	5704
cost of maintaining the classroom facilities included in the basic	5705
project cost as determined by the commission. The form of the	5706
ballot to be used to submit the question whether to approve the	5707
tax required under this division to the electors of the school	5708
district shall be the form for an additional levy of taxes	5709
prescribed in section 3318.361 of the Revised Code, which may be	5710
combined in a single ballot question with the questions prescribed	5711
under section 5705.218 of the Revised Code.	5712

(b) As authorized under division (C) of section 3318.05 of	5713
the Revised Code, the school district board shall earmark from the	5714
proceeds of a permanent improvement tax levied under section	5715
5705.21 of the Revised Code, an amount equivalent to the	5716
additional tax otherwise required under division (D)(2)(a) of this	5717
section for the maintenance of the classroom facilities included	5718
in the basic project cost as determined by the commission.	5719

(c) As authorized under section 3318.051 of the Revised Code,	5720
the school district board shall, if approved by the commission,	5721
annually transfer into the maintenance fund required under section	5722
3318.05 of the Revised Code the amount prescribed in section	5723
3318.051 of the Revised Code in lieu of the tax otherwise required	5724
under division (D)(2)(a) of this section for the maintenance of	5725
the classroom facilities included in the basic project cost as	5726
determined by the commission.	5727

(d) If the school district board has rescinded the agreement	5728
to make transfers under section 3318.051 of the Revised Code, as	5729
provided under division (F) of that section, the electors of the	5730
school district, in accordance with section 3318.063 of the	5731
Revised Code, first shall approve the levy of taxes outside the	5732
ten-mill limitation for the period specified in that section at a	5733
rate of not less than one-half mill for each dollar of valuation.	5734

(e) The school district board shall apply the proceeds of a	5735
tax to leverage bonds as authorized under section 3318.052 of the	5736
Revised Code or dedicate a local donated contribution in the	5737
manner described in division (B) of section 3318.084 of the	5738
Revised Code in an amount equivalent to the additional tax	5739
otherwise required under division (D)(2)(a) of this section for	5740
the maintenance of the classroom facilities included in the basic	5741
project cost as determined by the commission.	5742

(3) A school district board may opt to delay taking any of	5743
the actions described in division (D)(2) of this section until the	5744
school district becomes eligible for state assistance under	5745
sections 3318.01 to 3318.20 of the Revised Code. In order to	5746
exercise this option, the board shall certify to the commission a	5747
resolution indicating the board's intent to do so prior to	5748
entering into an agreement under division (B) of this section.	5749

(4) If pursuant to division (D)(3) of this section a district	5750
board opts to delay levying an additional tax until the district	5751
becomes eligible for state assistance, it shall submit the	5752
question of levying that tax to the district electors as follows:	5753

(a) In accordance with section 3318.06 of the Revised Code if	5754
it will also be necessary pursuant to division (E) of this section	5755
to submit a proposal for approval of a bond issue;	5756

(b) In accordance with section 3318.361 of the Revised Code	5757
if it is not necessary to also submit a proposal for approval of a	5758
bond issue pursuant to division (E) of this section.	5759

(5) No state assistance under sections 3318.01 to 3318.20 of	5760
the Revised Code shall be released until a school district board	5761
that adopts and certifies a resolution under division (D) of this	5762
section also demonstrates to the satisfaction of the commission	5763
compliance with the provisions of division (D)(2) of this section.	5764

Any amount required for maintenance under division (D)(2) of	5765
this section shall be deposited into a separate fund as specified	5766
in division (B) of section 3318.05 of the Revised Code.	5767

(E)(1) If the school district becomes eligible for state	5768
assistance under sections 3318.01 to 3318.20 of the Revised Code	5769
based on its percentile ranking under division (B)(3) of this	5770
section or is offered assistance under section 3318.364 of the	5771
Revised Code, the commission shall conduct a new assessment of the	5772
school district's classroom facilities needs and shall recalculate	5773
the basic project cost based on this new assessment. The basic	5774
project cost recalculated under this division shall include the	5775
amount of expenditures made by the school district board under	5776
division (D)(1) of this section. The commission shall then	5777
recalculate the school district's portion of the new basic project	5778
cost, which shall be the percentage of the original basic project	5779
cost assigned to the school district as its portion under division	5780
(C) of this section. The commission shall deduct the expenditure	5781
of school district moneys made under division (D)(1) of this	5782
section from the school district's portion of the basic project	5783
cost as recalculated under this division. If the amount of school	5784
district resources applied by the school district board to the	5785
school district's portion of the basic project cost under this	5786
section is less than the total amount of such portion as	5787
recalculated under this division, the school district board by a	5788
majority vote of all of its members shall, if it desires to seek	5789
state assistance under sections 3318.01 to 3318.20 of the Revised	5790
Code, adopt a resolution as specified in section 3318.06 of the	5791
Revised Code to submit to the electors of the school district the	5792
question of approval of a bond issue in order to pay any	5793
additional amount of school district portion required for state	5794
assistance. Any tax levy approved under division (D) of this	5795
section satisfies the requirements to levy the additional tax	5796
under section 3318.06 of the Revised Code.	5797

(2) If the amount of school district resources applied by the	5798
school district board to the school district's portion of the	5799
basic project cost under this section is more than the total	5800
amount of such portion as recalculated under this division, within	5801
one year after the school district's portion is recalculated under	5802
division (E)(1) of this section the commission may grant to the	5803
school district the difference between the two calculated	5804
portions, but at no time shall the commission expend any state	5805
funds on a project in an amount greater than the state's portion	5806
of the basic project cost as recalculated under this division.	5807

Any reimbursement under this division shall be only for local	5808
resources the school district has applied toward construction cost	5809
expenditures for the classroom facilities approved by the	5810
commission, which shall not include any financing costs associated	5811
with that construction.	5812

The school district board shall use any moneys reimbursed to	5813
the district under this division to pay off any debt service the	5814
district owes for classroom facilities constructed under its	5815
project under this section before such moneys are applied to any	5816
other purpose. However, the district board first may deposit	5817
moneys reimbursed under this division into the district's general	5818
fund or a permanent improvement fund to replace local resources	5819
the district withdrew from those funds, as long as, and to the	5820
extent that, those local resources were used by the district for	5821
constructing classroom facilities included in the district's basic	5822
project cost.	5823

Sec. 3318.364. In any fiscal year, the Ohio school	5824
facilities commission may, at its discretion, provide assistance	5825
under sections 3318.01 to 3318.20 of the Revised Code to a school	5826
district that has entered into an expedited local partnership	5827
agreement under section 3318.36 of the Revised Code before the	5828
district is otherwise eligible for that assistance based on its	5829
percentile rank, if the commission determines all of the	5830
following:	5831

(A) The district has made an expenditure of local resources	5832
under its expedited local partnership agreement on a discrete part	5833
of its district-wide project.	5834

(B) The district is ready to complete its district-wide	5835
project or a segment of the project, in accordance with section	5836
3318.034 of the Revised Code.	5837

(C) The district is in compliance with division (D)(2) of	5838
section 3318.36 of the Revised Code.	5839

(D) Sufficient state funds have been appropriated for	5840
classroom facilities projects for the fiscal year to pay the state	5841
share of the district's project or segment after paying the state	5842
share of projects for all of the following:	5843

(1) Districts that previously had their conditional approval	5844
lapse pursuant to section 3318.05 of the Revised Code;	5845

(2) Districts eligible for assistance under division (B)(2)	5846
of section 3318.04 of the Revised Code;	5847

(3) Districts participating in the exceptional needs school	5848
facilities assistance program under section 3318.37 or 3318.371 of	5849
the Revised Code;	5850

(4) Districts participating in the accelerated urban school	5851
building assistance program under section 3318.38 of the Revised	5852
Code.	5853

Assistance under this section shall be offered to eligible	5854
districts in the order of their percentile rankings at the time	5855
they entered into their expedited local partnership agreements,	5856
from lowest to highest percentile. In the event that more than one	5857
district has the same percentile ranking, those districts shall be	5858
offered assistance in the order of the date they entered into	5859
their expedited local partnership agreements, from earliest to	5860
latest date.	5861

As used in this section, "local resources" and "percentile"	5862
have the same meanings as in section 3318.36 of the Revised Code.	5863

Sec. 3318.37. (A)(1) As used in this section:

5864

~~(a) "Large land area school district" means a school district~~	5865
~~with a territory of greater than three hundred square miles in any~~	5866
~~percentile as determined under section 3318.011 of the Revised~~	5867
~~Code.~~	5868

~~(b) "Low wealth school district" means a school district in~~	5869
~~the first through seventy-fifth percentiles as determined under~~	5870
~~section 3318.011 of the Revised Code.~~	5871

~~(c) A~~, a "school district with an exceptional need for	5872
immediate classroom facilities assistance" means a ~~low wealth or~~	5873
~~large land area~~ school district with an exceptional need for new	5874
facilities in order to protect the health and safety of all or a	5875
portion of its students.	5876

(2) No school district that participates in the school	5877
building assistance expedited local partnership program under	5878
section 3318.36 of the Revised Code shall receive assistance under	5879
the program established under this section unless the following	5880
conditions are satisfied:	5881

(a) The district board adopted a resolution certifying its	5882
intent to participate in the school building assistance expedited	5883
local partnership program under section 3318.36 of the Revised	5884
Code prior to September 14, 2000.	5885

(b) The district was selected by the Ohio school facilities	5886
commission for participation in the school building assistance	5887
expedited local partnership program under section 3318.36 of the	5888
Revised Code in the manner prescribed by the commission under that	5889
section as it existed prior to September 14, 2000.	5890

(B)(1) There is hereby established the exceptional needs	5891
school facilities assistance program. Under the program, the Ohio	5892
school facilities commission may set aside from the moneys	5893
annually appropriated to it for classroom facilities assistance	5894
projects up to twenty-five per cent for assistance to school	5895
districts with exceptional needs for immediate classroom	5896
facilities assistance.	5897

(2)(a) After consulting with education and construction	5898
experts, the commission shall adopt guidelines for identifying	5899
school districts with an exceptional need for immediate classroom	5900
facilities assistance.	5901

(b) The guidelines shall include application forms and	5902
instructions for school districts to use in applying for	5903
assistance under this section.	5904

(3) The commission shall evaluate the classroom facilities,	5905
and the need for replacement classroom facilities from the	5906
applications received under this section. The commission,	5907
utilizing the guidelines adopted under division (B)(2)(a) of this	5908
section, shall prioritize the school districts to be assessed.	5909

Notwithstanding section 3318.02 of the Revised Code, the	5910
commission may conduct on-site evaluation of the school districts	5911
prioritized under this section and approve and award funds until	5912
such time as all funds set aside under division (B)(1) of this	5913
section have been encumbered. However, the commission need not	5914
conduct the evaluation of facilities if the commission determines	5915
that a district's assessment conducted under section 3318.36 of	5916
the Revised Code is sufficient for purposes of this section.	5917

(4) Notwithstanding division (A) of section 3318.05 of the	5918
Revised Code, the school district's portion of the basic project	5919
cost under this section shall be the "required percentage of the	5920
basic project costs," as defined in division (K) of section	5921
3318.01 of the Revised Code.	5922

(5) Except as otherwise specified in this section, any	5923
project undertaken with assistance under this section shall comply	5924
with all provisions of sections 3318.01 to 3318.20 of the Revised	5925
Code. A school district may receive assistance under sections	5926
3318.01 to 3318.20 of the Revised Code for the remainder of the	5927
district's classroom facilities needs as assessed under this	5928
section when the district is eligible for such assistance pursuant	5929
to section 3318.02 of the Revised Code, but any classroom facility	5930
constructed with assistance under this section shall not be	5931
included in a district's project at that time unless the	5932
commission determines the district has experienced the increased	5933
enrollment specified in division (B)(1) of section 3318.04 of the	5934
Revised Code.	5935

(C) No school district shall receive assistance under this	5936
section for a classroom facility that has been included in the	5937
discrete part of the district's classroom facilities needs	5938
identified and addressed in the district's project pursuant to an	5939
agreement entered into under section 3318.36 of the Revised Code,	5940
unless the district's entire classroom facilities plan consists of	5941
only a single building designed to house grades kindergarten	5942
through twelve.	5943

Sec. 3318.371. The Ohio school facilities commission may	5944
provide assistance under the exceptional needs school facilities	5945
program established by section 3318.37 of the Revised Code to any	5946
school district for the purpose of the relocation or replacement	5947
of classroom facilities required as a result of any contamination	5948
of air, soil, or water that impacts the occupants of the facility.	5949
~~Assistance under this section is not limited to school districts~~	5950
~~in the first through seventy-fifth percentiles as determined under~~	5951
~~section 3318.011 of the Revised Code.~~	5952

The commission shall make a determination in accordance with	5953
guidelines adopted by the commission regarding eligibility and	5954
funding for projects under this section. The commission may	5955
contract with an independent environmental consultant to conduct a	5956
study to assist the commission in making the determination.	5957

If the federal government or other public or private entity	5958
provides funds for restitution of costs incurred by the state or	5959
school district in the relocation or replacement of the classroom	5960
facilities, the school district shall use such funds in excess of	5961
the school district's share to refund the state for the state's	5962
contribution to the environmental contamination portion of the	5963
project. The school district may apply an amount of such	5964
restitution funds up to an amount equal to the school district's	5965
portion of the project, as defined by the commission, toward	5966
paying its portion of that project to reduce the amount of bonds	5967
the school district otherwise must issue to receive state	5968
assistance under sections 3318.01 to 3318.20 of the Revised Code.	5969

Sec. 3318.70. (A) As used in this section:

5970

(1) "Acquisition of classroom facilities" has the same	5971
meaning as in section 3318.40 of the Revised Code.	5972

(2) "Classroom facilities" has the same meaning as in section	5973
3318.01 of the Revised Code.	5974

(3) "STEM school" means a science, technology, engineering,	5975
and mathematics school established under Chapter 3326. of the	5976
Revised Code that is not governed by a single school district	5977
board of education, as prescribed by section 3326.51 of the	5978
Revised Code.	5979

(B) Upon receipt of a written proposal by the governing body	5980
of a STEM school, the Ohio school facilities commission, subject	5981
to approval of the controlling board, may provide funding to	5982
assist that STEM school in the acquisition of classroom	5983
facilities. The proposal of the governing body shall be submitted	5984
in a form and in the manner prescribed by the commission and shall	5985
indicate both the total amount of state funding requested and the	5986
amount of nonstate funding pledged for the acquisition of the	5987
classroom facilities, which shall not be less than the total	5988
amount of state funding requested. If the commission decides in	5989
favor of providing funding for the classroom facilities and if the	5990
controlling board approves that funding, the commission shall	5991
enter into an agreement with the governing body for the	5992
acquisition of the classroom facilities and shall encumber, in	5993
accordance with section 3318.11 of the Revised Code, the approved	5994
funding from the amounts appropriated to the commission for	5995
classroom facilities assistance projects. The agreement shall	5996
include a stipulation of the ownership of the classroom facilities	5997
in the event the STEM school permanently closes at any time.	5998

(C) In the case of the governing body of a group of STEM	5999
schools, as prescribed by section 3326.031 of the Revised Code,	6000
the governing body shall submit a proposal for each school under	6001
its direction separately, and the commission shall consider each	6002
proposal separately.	6003

Sec. 3319.02. (A)(1) As used in this section, "other	6004
administrator" means any of the following:	6005

(a) Except as provided in division (A)(2) of this section,	6006
any employee in a position for which a board of education requires	6007
a license designated by rule of the department of education for	6008
being an administrator issued under section 3319.22 of the Revised	6009
Code, including a professional pupil services employee or	6010
administrative specialist or an equivalent of either one who is	6011
not employed as a school counselor and spends less than fifty per	6012
cent of the time employed teaching or working with students;	6013

(b) Any nonlicensed employee whose job duties enable such	6014
employee to be considered as either a "supervisor" or a	6015
"management level employee," as defined in section 4117.01 of the	6016
Revised Code;	6017

(c) A business manager appointed under section 3319.03 of the	6018
Revised Code.	6019

(2) As used in this section, "other administrator" does not	6020
include a superintendent, assistant superintendent, principal, or	6021
assistant principal.	6022

(B) The board of education of each school district and the	6023
governing board of an educational service center may appoint one	6024
or more assistant superintendents and such other administrators as	6025
are necessary. An assistant educational service center	6026
superintendent or service center supervisor employed on a	6027
part-time basis may also be employed by a local board as a	6028
teacher. The board of each city, exempted village, and local	6029
school district shall employ principals for all high schools and	6030
for such other schools as the board designates, and those boards	6031
may appoint assistant principals for any school that they	6032
designate.	6033

(C) In educational service centers and in city, exempted	6034
village, and local school districts, assistant superintendents,	6035
principals, assistant principals, and other administrators shall	6036
only be employed or reemployed in accordance with nominations of	6037
the superintendent, except that a board of education of a school	6038
district or the governing board of a service center, by a	6039
three-fourths vote of its full membership, may reemploy any	6040
assistant superintendent, principal, assistant principal, or other	6041
administrator whom the superintendent refuses to nominate.	6042

The board of education or governing board shall execute a	6043
written contract of employment with each assistant superintendent,	6044
principal, assistant principal, and other administrator it employs	6045
or reemploys. The term of such contract shall not exceed three	6046
years except that in the case of a person who has been employed as	6047
an assistant superintendent, principal, assistant principal, or	6048
other administrator in the district or center for three years or	6049
more, the term of the contract shall be for not more than five	6050
years and, unless the superintendent of the district recommends	6051
otherwise, not less than two years. If the superintendent so	6052
recommends, the term of the contract of a person who has been	6053
employed by the district or service center as an assistant	6054
superintendent, principal, assistant principal, or other	6055
administrator for three years or more may be one year, but all	6056
subsequent contracts granted such person shall be for a term of	6057
not less than two years and not more than five years. When a	6058
teacher with continuing service status becomes an assistant	6059
superintendent, principal, assistant principal, or other	6060
administrator with the district or service center with which the	6061
teacher holds continuing service status, the teacher retains such	6062
status in the teacher's nonadministrative position as provided in	6063
sections 3319.08 and 3319.09 of the Revised Code.	6064

A board of education or governing board may reemploy an	6065
assistant superintendent, principal, assistant principal, or other	6066
administrator at any regular or special meeting held during the	6067
period beginning on the first day of January of the calendar year	6068
immediately preceding the year of expiration of the employment	6069
contract and ending on the ~~last~~first day of ~~March~~June of the	6070
year the employment contract expires.	6071

Except by mutual agreement of the parties thereto, no	6072
assistant superintendent, principal, assistant principal, or other	6073
administrator shall be transferred during the life of a contract	6074
to a position of lesser responsibility. No contract may be	6075
terminated by a board except pursuant to section 3319.16 of the	6076
Revised Code. No contract may be suspended except pursuant to	6077
section 3319.17 or 3319.171 of the Revised Code. The salaries and	6078
compensation prescribed by such contracts shall not be reduced by	6079
a board unless such reduction is a part of a uniform plan	6080
affecting the entire district or center. The contract shall	6081
specify the employee's administrative position and duties as	6082
included in the job description adopted under division (D) of this	6083
section, the salary and other compensation to be paid for	6084
performance of duties, the number of days to be worked, the number	6085
of days of vacation leave, if any, and any paid holidays in the	6086
contractual year.	6087

An assistant superintendent, principal, assistant principal,	6088
or other administrator is, at the expiration of the current term	6089
of employment, deemed reemployed at the same salary plus any	6090
increments that may be authorized by the board, unless such	6091
employee notifies the board in writing to the contrary on or	6092
before the ~~first~~fifteenth day of June, or unless such board, on	6093
or before the ~~last~~first day of ~~March~~June of the year in which	6094
the contract of employment expires, either reemploys such employee	6095
for a succeeding term or gives written notice of its intention not	6096
to reemploy the employee. The term of reemployment of a person	6097
reemployed under this paragraph shall be one year, except that if	6098
such person has been employed by the school district or service	6099
center as an assistant superintendent, principal, assistant	6100
principal, or other administrator for three years or more, the	6101
term of reemployment shall be two years.	6102

(D)(1) Each board shall adopt procedures for the evaluation	6103
of all assistant superintendents, principals, assistant	6104
principals, and other administrators and shall evaluate such	6105
employees in accordance with those procedures. The procedures for	6106
the evaluation of principals and assistant principals shall be	6107
based on principles comparable to the teacher evaluation policy	6108
adopted by the board under section 3319.111 of the Revised Code,	6109
but shall be tailored to the duties and responsibilities of	6110
principals and assistant principals and the environment in which	6111
~~principals~~they work. An evaluation based upon procedures adopted	6112
under this division shall be considered by the board in deciding	6113
whether to renew the contract of employment of an assistant	6114
superintendent, principal, assistant principal, or other	6115
administrator.	6116

(2) The evaluation shall measure each assistant	6117
superintendent's, principal's, assistant principal's, and other	6118
administrator's effectiveness in performing the duties included in	6119
the job description and the evaluation procedures shall provide	6120
for, but not be limited to, the following:	6121

(a) Each assistant superintendent, principal, assistant	6122
principal, and other administrator shall be evaluated annually	6123
through a written evaluation process.	6124

(b) The evaluation shall be conducted by the superintendent	6125
or designee.	6126

(c) In order to provide time to show progress in correcting	6127
the deficiencies identified in the evaluation process, the	6128
evaluation process shall be completed as follows:	6129

(i) In any school year that the employee's contract of	6130
employment is not due to expire, at least one evaluation shall be	6131
completed in that year. A written copy of the evaluation shall be	6132
provided to the employee no later than the end of the employee's	6133
contract year as defined by the employee's annual salary notice.	6134

(ii) In any school year that the employee's contract of	6135
employment is due to expire, at least a preliminary evaluation and	6136
at least a final evaluation shall be completed in that year. A	6137
written copy of the preliminary evaluation shall be provided to	6138
the employee at least sixty days prior to any action by the board	6139
on the employee's contract of employment. The final evaluation	6140
shall indicate the superintendent's intended recommendation to the	6141
board regarding a contract of employment for the employee. A	6142
written copy of the evaluation shall be provided to the employee	6143
at least five days prior to the board's acting to renew or not	6144
renew the contract.	6145

(3) Termination of an assistant superintendent, principal,	6146
assistant principal, or other administrator's contract shall be	6147
pursuant to section 3319.16 of the Revised Code. Suspension of any	6148
such employee shall be pursuant to section 3319.17 or 3319.171 of	6149
the Revised Code.	6150

(4) Before taking action to renew or nonrenew the contract of	6151
an assistant superintendent, principal, assistant principal, or	6152
other administrator under this section and prior to the ~~last~~first	6153
day of ~~March~~June of the year in which such employee's contract	6154
expires, the board shall notify each such employee of the date	6155
that the contract expires and that the employee may request a	6156
meeting with the board. Upon request by such an employee, the	6157
board shall grant the employee a meeting in executive session. In	6158
that meeting, the board shall discuss its reasons for considering	6159
renewal or nonrenewal of the contract. The employee shall be	6160
permitted to have a representative, chosen by the employee,	6161
present at the meeting.	6162

(5) The establishment of an evaluation procedure shall not	6163
create an expectancy of continued employment. Nothing in division	6164
(D) of this section shall prevent a board from making the final	6165
determination regarding the renewal or nonrenewal of the contract	6166
of any assistant superintendent, principal, assistant principal,	6167
or other administrator. However, if a board fails to provide	6168
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	6169
section, or if the board fails to provide at the request of the	6170
employee a meeting as prescribed in division (D)(4) of this	6171
section, the employee automatically shall be reemployed at the	6172
same salary plus any increments that may be authorized by the	6173
board for a period of one year, except that if the employee has	6174
been employed by the district or service center as an assistant	6175
superintendent, principal, assistant principal, or other	6176
administrator for three years or more, the period of reemployment	6177
shall be for two years.	6178

(E) On nomination of the superintendent of a service center a	6179
governing board may employ supervisors who shall be employed under	6180
written contracts of employment for terms not to exceed five years	6181
each. Such contracts may be terminated by a governing board	6182
pursuant to section 3319.16 of the Revised Code. Any supervisor	6183
employed pursuant to this division may terminate the contract of	6184
employment at the end of any school year after giving the board at	6185
least thirty days' written notice prior to such termination. On	6186
the recommendation of the superintendent the contract or contracts	6187
of any supervisor employed pursuant to this division may be	6188
suspended for the remainder of the term of any such contract	6189
pursuant to section 3319.17 or 3319.171 of the Revised Code.	6190

(F) A board may establish vacation leave for any individuals	6191
employed under this section. Upon such an individual's separation	6192
from employment, a board that has such leave may compensate such	6193
an individual at the individual's current rate of pay for all	6194
lawfully accrued and unused vacation leave credited at the time of	6195
separation, not to exceed the amount accrued within three years	6196
before the date of separation. In case of the death of an	6197
individual employed under this section, such unused vacation leave	6198
as the board would have paid to the individual upon separation	6199
under this section shall be paid in accordance with section	6200
2113.04 of the Revised Code, or to the estate.	6201

(G) The board of education of any school district may	6202
contract with the governing board of the educational service	6203
center from which it otherwise receives services to conduct	6204
searches and recruitment of candidates for assistant	6205
superintendent, principal, assistant principal, and other	6206
administrator positions authorized under this section.	6207

Sec. 3319.06. (A) The board of education of each city,	6208
exempted village, or local school district may create the position	6209
of internal auditor. Any person employed by the board as an	6210
internal auditor shall hold a valid permit issued under section	6211
4701.10 of the Revised Code to practice as a certified public	6212
accountant or a public accountant.	6213

(B) The board shall execute a written contract of employment	6214
with each internal auditor it employs. The contract shall specify	6215
the internal auditor's duties, the salary and other compensation	6216
to be paid for performance of those duties, the number of days to	6217
be worked, the number of days of vacation leave, if any, and any	6218
paid holidays in the contractual year. The salary and other	6219
compensation prescribed by the contract may be increased by the	6220
board during the term of the contract but shall not be reduced	6221
during that term unless such reduction is part of a uniform plan	6222
affecting employees of the entire district. The term of the	6223
initial contract shall not exceed three years. Any renewal of the	6224
contract shall be for a term of not less than two years and not	6225
more than five years.	6226

The internal auditor shall be directly responsible to the	6227
board for the performance of all duties outlined in the contract.	6228
If the board does not intend to renew the contract upon its	6229
expiration, the board shall provide written notice to the internal	6230
auditor of its intention not to renew the contract not later than	6231
the ~~last~~first day of ~~March~~June of the year in which the contract	6232
expires. If the board does not provide such notice by that date,	6233
the internal auditor shall be deemed reemployed for a term of one	6234
year at the same salary plus any increments that may be authorized	6235
by the board. Termination of an internal auditor's contract shall	6236
be pursuant to section 3319.16 of the Revised Code.	6237

(C) Each board that employs an internal auditor shall adopt	6238
procedures for the evaluation of the internal auditor and shall	6239
evaluate the internal auditor in accordance with those procedures.	6240
The evaluation based upon the procedures shall be considered by	6241
the board in deciding whether to renew the internal auditor's	6242
contract of employment. The establishment of an evaluation	6243
procedure shall not create an expectancy of continued employment.	6244
Nothing in this section shall prevent the board from making the	6245
final determination regarding the renewal or nonrenewal of the	6246
contract of an internal auditor.	6247

Sec. 3319.11. (A) As used in this section:

6248

(1) "Evaluation procedures" means the procedures required by	6249
the policy adopted pursuant to division (A) of section 3319.111 of	6250
the Revised Code.	6251

(2) "Limited contract" means a limited contract, as described	6252
in section 3319.08 of the Revised Code, that a school district	6253
board of education or governing board of an educational service	6254
center enters into with a teacher who is not eligible for	6255
continuing service status.	6256

(3) "Extended limited contract" means a limited contract, as	6257
described in section 3319.08 of the Revised Code, that a board of	6258
education or governing board enters into with a teacher who is	6259
eligible for continuing service status.	6260

(B) Teachers eligible for continuing service status in any	6261
city, exempted village, local, or joint vocational school district	6262
or educational service center shall be those teachers qualified as	6263
described in division (D) of section 3319.08 of the Revised Code,	6264
who within the last five years have taught for at least three	6265
years in the district or center, and those teachers who, having	6266
attained continuing contract status elsewhere, have served two	6267
years in the district or center, but the board, upon the	6268
recommendation of the superintendent, may at the time of	6269
employment or at any time within such two-year period, declare any	6270
of the latter teachers eligible.	6271

(1) Upon the recommendation of the superintendent that a	6272
teacher eligible for continuing service status be reemployed, a	6273
continuing contract shall be entered into between the board and	6274
the teacher unless the board by a three-fourths vote of its full	6275
membership rejects the recommendation of the superintendent. If	6276
the board rejects by a three-fourths vote of its full membership	6277
the recommendation of the superintendent that a teacher eligible	6278
for continuing service status be reemployed and the superintendent	6279
makes no recommendation to the board pursuant to division (C) of	6280
this section, the board may declare its intention not to reemploy	6281
the teacher by giving the teacher written notice on or before the	6282
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6283
the teacher. If evaluation procedures have not been complied with	6284
pursuant to section 3319.111 of the Revised Code or the board does	6285
not give the teacher written notice on or before the ~~thirtieth~~	6286
first day of ~~April~~June of its intention not to reemploy the	6287
teacher, the teacher is deemed reemployed under an extended	6288
limited contract for a term not to exceed one year at the same	6289
salary plus any increment provided by the salary schedule. The	6290
teacher is presumed to have accepted employment under the extended	6291
limited contract for a term not to exceed one year unless such	6292
teacher notifies the board in writing to the contrary on or before	6293
the ~~first~~fifteenth day of June, and an extended limited contract	6294
for a term not to exceed one year shall be executed accordingly.	6295
Upon any subsequent reemployment of the teacher only a continuing	6296
contract may be entered into.	6297

(2) If the superintendent recommends that a teacher eligible	6298
for continuing service status not be reemployed, the board may	6299
declare its intention not to reemploy the teacher by giving the	6300
teacher written notice on or before the ~~thirtieth~~first day of	6301
~~April~~June of its intention not to reemploy the teacher. If	6302
evaluation procedures have not been complied with pursuant to	6303
section 3319.111 of the Revised Code or the board does not give	6304
the teacher written notice on or before the ~~thirtieth~~first day of	6305
~~April~~June of its intention not to reemploy the teacher, the	6306
teacher is deemed reemployed under an extended limited contract	6307
for a term not to exceed one year at the same salary plus any	6308
increment provided by the salary schedule. The teacher is presumed	6309
to have accepted employment under the extended limited contract	6310
for a term not to exceed one year unless such teacher notifies the	6311
board in writing to the contrary on or before the ~~first~~fifteenth	6312
day of June, and an extended limited contract for a term not to	6313
exceed one year shall be executed accordingly. Upon any subsequent	6314
reemployment of a teacher only a continuing contract may be	6315
entered into.	6316

(3) Any teacher receiving written notice of the intention of	6317
a board not to reemploy such teacher pursuant to this division is	6318
entitled to the hearing provisions of division (G) of this	6319
section.	6320

(C)(1) If a board rejects the recommendation of the	6321
superintendent for reemployment of a teacher pursuant to division	6322
(B)(1) of this section, the superintendent may recommend	6323
reemployment of the teacher, if continuing service status has not	6324
previously been attained elsewhere, under an extended limited	6325
contract for a term not to exceed two years, provided that written	6326
notice of the superintendent's intention to make such	6327
recommendation has been given to the teacher with reasons directed	6328
at the professional improvement of the teacher on or before the	6329
~~thirtieth~~first day of ~~April~~June. Upon subsequent reemployment of	6330
the teacher only a continuing contract may be entered into.	6331

(2) If a board of education takes affirmative action on a	6332
superintendent's recommendation, made pursuant to division (C)(1)	6333
of this section, of an extended limited contract for a term not to	6334
exceed two years but the board does not give the teacher written	6335
notice of its affirmative action on the superintendent's	6336
recommendation of an extended limited contract on or before the	6337
~~thirtieth~~first day of ~~April~~June, the teacher is deemed	6338
reemployed under a continuing contract at the same salary plus any	6339
increment provided by the salary schedule. The teacher is presumed	6340
to have accepted employment under such continuing contract unless	6341
such teacher notifies the board in writing to the contrary on or	6342
before the ~~first~~fifteenth day of June, and a continuing contract	6343
shall be executed accordingly.	6344

(3) A board shall not reject a superintendent's	6345
recommendation, made pursuant to division (C)(1) of this section,	6346
of an extended limited contract for a term not to exceed two years	6347
except by a three-fourths vote of its full membership. If a board	6348
rejects by a three-fourths vote of its full membership the	6349
recommendation of the superintendent of an extended limited	6350
contract for a term not to exceed two years, the board may declare	6351
its intention not to reemploy the teacher by giving the teacher	6352
written notice on or before the ~~thirtieth~~first day of ~~April~~June	6353
of its intention not to reemploy the teacher. If evaluation	6354
procedures have not been complied with pursuant to section	6355
3319.111 of the Revised Code or if the board does not give the	6356
teacher written notice on or before the ~~thirtieth~~first day of	6357
~~April~~June of its intention not to reemploy the teacher, the	6358
teacher is deemed reemployed under an extended limited contract	6359
for a term not to exceed one year at the same salary plus any	6360
increment provided by the salary schedule. The teacher is presumed	6361
to have accepted employment under the extended limited contract	6362
for a term not to exceed one year unless such teacher notifies the	6363
board in writing to the contrary on or before the ~~first~~fifteenth	6364
day of June, and an extended limited contract for a term not to	6365
exceed one year shall be executed accordingly. Upon any subsequent	6366
reemployment of the teacher only a continuing contract may be	6367
entered into.	6368

Any teacher receiving written notice of the intention of a	6369
board not to reemploy such teacher pursuant to this division is	6370
entitled to the hearing provisions of division (G) of this	6371
section.	6372

(D) A teacher eligible for continuing contract status	6373
employed under an extended limited contract pursuant to division	6374
(B) or (C) of this section, is, at the expiration of such extended	6375
limited contract, deemed reemployed under a continuing contract at	6376
the same salary plus any increment granted by the salary schedule,	6377
unless evaluation procedures have been complied with pursuant to	6378
section 3319.111 of the Revised Code and the employing board,	6379
acting on the superintendent's recommendation that the teacher not	6380
be reemployed, gives the teacher written notice on or before the	6381
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6382
such teacher. A teacher who does not have evaluation procedures	6383
applied in compliance with section 3319.111 of the Revised Code or	6384
who does not receive notice on or before the ~~thirtieth~~first day	6385
of ~~April~~June of the intention of the board not to reemploy such	6386
teacher is presumed to have accepted employment under a continuing	6387
contract unless such teacher notifies the board in writing to the	6388
contrary on or before the ~~first~~fifteenth day of June, and a	6389
continuing contract shall be executed accordingly.	6390

Any teacher receiving a written notice of the intention of a	6391
board not to reemploy such teacher pursuant to this division is	6392
entitled to the hearing provisions of division (G) of this	6393
section.	6394

(E) The board shall enter into a limited contract with each	6395
teacher employed by the board who is not eligible to be considered	6396
for a continuing contract.	6397

Any teacher employed under a limited contract, and not	6398
eligible to be considered for a continuing contract, is, at the	6399
expiration of such limited contract, considered reemployed under	6400
the provisions of this division at the same salary plus any	6401
increment provided by the salary schedule unless evaluation	6402
procedures have been complied with pursuant to section 3319.111 of	6403
the Revised Code and the employing board, acting upon the	6404
superintendent's written recommendation that the teacher not be	6405
reemployed, gives such teacher written notice of its intention not	6406
to reemploy such teacher on or before the ~~thirtieth~~first day of	6407
~~April~~June. A teacher who does not have evaluation procedures	6408
applied in compliance with section 3319.111 of the Revised Code or	6409
who does not receive notice of the intention of the board not to	6410
reemploy such teacher on or before the ~~thirtieth~~first day of	6411
~~April~~June is presumed to have accepted such employment unless	6412
such teacher notifies the board in writing to the contrary on or	6413
before the ~~first~~fifteenth day of June, and a written contract for	6414
the succeeding school year shall be executed accordingly.	6415

Any teacher receiving a written notice of the intention of a	6416
board not to reemploy such teacher pursuant to this division is	6417
entitled to the hearing provisions of division (G) of this	6418
section.	6419

(F) The failure of a superintendent to make a recommendation	6420
to the board under any of the conditions set forth in divisions	6421
(B) to (E) of this section, or the failure of the board to give	6422
such teacher a written notice pursuant to divisions (C) to (E) of	6423
this section shall not prejudice or prevent a teacher from being	6424
deemed reemployed under either a limited or continuing contract as	6425
the case may be under the provisions of this section. A failure of	6426
the parties to execute a written contract shall not void any	6427
automatic reemployment provisions of this section.	6428

(G)(1) Any teacher receiving written notice of the intention	6429
of a board of education not to reemploy such teacher pursuant to	6430
division (B), (C)(3), (D), or (E) of this section may, within ten	6431
days of the date of receipt of the notice, file with the treasurer	6432
of the board a written demand for a written statement describing	6433
the circumstances that led to the board's intention not to	6434
reemploy the teacher.	6435

(2) The treasurer of a board, on behalf of the board, shall,	6436
within ten days of the date of receipt of a written demand for a	6437
written statement pursuant to division (G)(1) of this section,	6438
provide to the teacher a written statement describing the	6439
circumstances that led to the board's intention not to reemploy	6440
the teacher.	6441

(3) Any teacher receiving a written statement describing the	6442
circumstances that led to the board's intention not to reemploy	6443
the teacher pursuant to division (G)(2) of this section may,	6444
within five days of the date of receipt of the statement, file	6445
with the treasurer of the board a written demand for a hearing	6446
before the board pursuant to divisions (G)(4) to (6) of this	6447
section.	6448

(4) The treasurer of a board, on behalf of the board, shall,	6449
within ten days of the date of receipt of a written demand for a	6450
hearing pursuant to division (G)(3) of this section, provide to	6451
the teacher a written notice setting forth the time, date, and	6452
place of the hearing. The board shall schedule and conclude the	6453
hearing within forty days of the date on which the treasurer of	6454
the board receives a written demand for a hearing pursuant to	6455
division (G)(3) of this section.	6456

(5) Any hearing conducted pursuant to this division shall be	6457
conducted by a majority of the members of the board. The hearing	6458
shall be held in executive session of the board unless the board	6459
and the teacher agree to hold the hearing in public. The	6460
superintendent, assistant superintendent, the teacher, and any	6461
person designated by either party to take a record of the hearing	6462
may be present at the hearing. The board may be represented by	6463
counsel and the teacher may be represented by counsel or a	6464
designee. A record of the hearing may be taken by either party at	6465
the expense of the party taking the record.	6466

(6) Within ten days of the conclusion of a hearing conducted	6467
pursuant to this division, the board shall issue to the teacher a	6468
written decision containing an order affirming the intention of	6469
the board not to reemploy the teacher reported in the notice given	6470
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	6471
this section or an order vacating the intention not to reemploy	6472
and expunging any record of the intention, notice of the	6473
intention, and the hearing conducted pursuant to this division.	6474

(7) A teacher may appeal an order affirming the intention of	6475
the board not to reemploy the teacher to the court of common pleas	6476
of the county in which the largest portion of the territory of the	6477
school district or service center is located, within thirty days	6478
of the date on which the teacher receives the written decision, on	6479
the grounds that the board has not complied with this section or	6480
section 3319.111 of the Revised Code.	6481

Notwithstanding section 2506.04 of the Revised Code, the	6482
court in an appeal under this division is limited to the	6483
determination of procedural errors and to ordering the correction	6484
of procedural errors and shall have no jurisdiction to order a	6485
board to reemploy a teacher, except that the court may order a	6486
board to reemploy a teacher in compliance with the requirements of	6487
division (B), (C)(3), (D), or (E) of this section when the court	6488
determines that evaluation procedures have not been complied with	6489
pursuant to section 3319.111 of the Revised Code or the board has	6490
not given the teacher written notice on or before the ~~thirtieth~~	6491
first day of ~~April~~June of its intention not to reemploy the	6492
teacher pursuant to division (B), (C)(3), (D), or (E) of this	6493
section. Otherwise, the determination whether to reemploy or not	6494
reemploy a teacher is solely a board's determination and not a	6495
proper subject of judicial review and, except as provided in this	6496
division, no decision of a board whether to reemploy or not	6497
reemploy a teacher shall be invalidated by the court on any basis,	6498
including that the decision was not warranted by the results of	6499
any evaluation or was not warranted by any statement given	6500
pursuant to division (G)(2) of this section.	6501

No appeal of an order of a board may be made except as	6502
specified in this division.	6503

(H)(1) In giving a teacher any notice required by division	6504
(B), (C), (D), or (E) of this section, the board or the	6505
superintendent shall do either of the following:	6506

(a) Deliver the notice by personal service upon the teacher;

6507

(b) Deliver the notice by certified mail, return receipt	6508
requested, addressed to the teacher at the teacher's place of	6509
employment and deliver a copy of the notice by certified mail,	6510
return receipt requested, addressed to the teacher at the	6511
teacher's place of residence.	6512

(2) In giving a board any notice required by division (B),	6513
(C), (D), or (E) of this section, the teacher shall do either of	6514
the following:	6515

(a) Deliver the notice by personal delivery to the office of	6516
the superintendent during regular business hours;	6517

(b) Deliver the notice by certified mail, return receipt	6518
requested, addressed to the office of the superintendent and	6519
deliver a copy of the notice by certified mail, return receipt	6520
requested, addressed to the president of the board at the	6521
president's place of residence.	6522

(3) When any notice and copy of the notice are mailed	6523
pursuant to division (H)(1)(b) or (2)(b) of this section, the	6524
notice or copy of the notice with the earlier date of receipt	6525
shall constitute the notice for the purposes of division (B), (C),	6526
(D), or (E) of this section.	6527

(I) The provisions of this section shall not apply to any	6528
supplemental written contracts entered into pursuant to section	6529
3319.08 of the Revised Code.	6530

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	6531
Code, this section applies to any person who is employed under a	6532
teacher license issued under this chapter, or under a professional	6533
or permanent teacher's certificate issued under former section	6534
3319.222 of the Revised Code, and who spends at least fifty per	6535
cent of the time employed providing student instruction. However,	6536
this section does not apply to any person who is employed as a	6537
substitute teacher.	6538

(A) Not later than July 1, 2013, the board of education of	6539
each school district, in consultation with teachers employed by	6540
the board, shall adopt a standards-based teacher evaluation policy	6541
that conforms with the framework for evaluation of teachers	6542
developed under section 3319.112 of the Revised Code. The policy	6543
shall become operative at the expiration of any collective	6544
bargaining agreement covering teachers employed by the board that	6545
is in effect on the effective date of this section and shall be	6546
included in any renewal or extension of such an agreement.	6547

(B) When using measures of student academic growth as a	6548
component of a teacher's evaluation, those measures shall include	6549
the value-added progress dimension prescribed by section 3302.021	6550
of the Revised Code. For teachers of grade levels and subjects for	6551
which the value-added progress dimension is not applicable, the	6552
board shall administer assessments on the list developed under	6553
division (B)(2) of section 3319.112 of the Revised Code.	6554

(C)(1) The board shall conduct an evaluation of each teacher	6555
employed by the board at least once each school year, except as	6556
provided in ~~divisions~~division (C)(2) ~~and (3)~~ of this section. The	6557
evaluation shall be completed by the first day of ~~April~~May and	6558
the teacher shall receive a written report of the results of the	6559
evaluation by the tenth day of ~~April~~May.	6560

(2) ~~If the board has entered into a limited contract or~~	6561
~~extended limited contract with the teacher pursuant to section~~	6562
~~3319.11 of the Revised Code, the board shall evaluate the teacher~~	6563
~~at least twice in any school year in which the board may wish to~~	6564
~~declare its intention not to re-employ the teacher pursuant to~~	6565
~~division (B), (C)(3), (D), or (E) of that section. One evaluation~~	6566
~~shall be conducted and completed not later than the fifteenth day~~	6567
~~of January and the teacher being evaluated shall receive a written~~	6568
~~report of the results of this evaluation not later than the~~	6569
~~twenty-fifth day of January. One evaluation shall be conducted and~~	6570
~~completed between the tenth day of February and the first day of~~	6571
~~April and the teacher being evaluated shall receive a written~~	6572
~~report of the results of this evaluation not later than the tenth~~	6573
~~day of April.~~	6574

~~(3)~~ The board may elect, by adoption of a resolution, to	6575
evaluate each teacher who received a rating of accomplished on the	6576
teacher's most recent evaluation conducted under this section once	6577
every two school years. In that case, the biennial evaluation	6578
shall be completed by the first day of ~~April~~May of the applicable	6579
school year, and the teacher shall receive a written report of the	6580
results of the evaluation by the tenth day of ~~April~~May of that	6581
school year.	6582

(D) Each evaluation conducted pursuant to this section shall	6583
be conducted by one or more of the following persons who hold a	6584
credential established by the department of education for being an	6585
evaluator:	6586

(1) A person who is under contract with the board pursuant to	6587
section 3319.01 or 3319.02 of the Revised Code and holds a license	6588
designated for being a superintendent, assistant superintendent,	6589
or principal issued under section 3319.22 of the Revised Code;	6590

(2) A person who is under contract with the board pursuant to	6591
section 3319.02 of the Revised Code and holds a license designated	6592
for being a vocational director, administrative specialist, or a	6593
supervisor in any educational area issued under section 3319.22 of	6594
the Revised Code;	6595

(3) A person designated to conduct evaluations under an	6596
agreement ~~providing for peer review~~ entered into by the board,	6597
including an agreement providing for peer review entered into by	6598
the board and representatives of teachers employed by the board;	6599

(4) A person who is employed by an entity contracted by the	6600
board to conduct evaluations and who holds a license designated	6601
for being a superintendent, assistant superintendent, principal,	6602
vocational director, administrative specialist, or supervisor in	6603
any educational area issued under section 3319.22 of the Revised	6604
Code or is qualified to conduct evaluations.	6605

(E) Notwithstanding division (A)(3) of section 3319.112 of	6606
the Revised Code:	6607

(1) The board shall require at least three formal	6608
observations of each teacher who is under consideration for	6609
nonrenewal and with whom the board has entered into a limited	6610
contract or an extended limited contract under section 3319.11 of	6611
the Revised Code.	6612

(2) The board may elect, by adoption of a resolution, to	6613
require only one formal observation of a teacher who received a	6614
rating of accomplished on the teacher's most recent evaluation	6615
conducted under this section, provided the teacher completes a	6616
project that has been approved by the board to demonstrate the	6617
teacher's continued growth and practice at the accomplished level.	6618

(F) The board shall include in its evaluation policy	6619
procedures for using the evaluation results for retention and	6620
promotion decisions and for removal of poorly performing teachers.	6621
Seniority shall not be the basis for a decision to retain a	6622
teacher, except when making a decision between teachers who have	6623
comparable evaluations.	6624

~~(F) This section does not apply to superintendents and~~	6625
~~administrators subject to evaluation procedures under sections~~	6626
~~3319.01 and 3319.02 of the Revised Code or to any teacher employed~~	6627
~~as a substitute for less than one hundred twenty days during a~~	6628
~~school year pursuant to section 3319.10 of the Revised Code.~~	6629

(G) For purposes of section 3333.0411 of the Revised Code,	6630
the board annually shall report to the department of education the	6631
number of teachers for whom an evaluation was conducted under this	6632
section and the number of teachers assigned each rating prescribed	6633
under division (B)(1) of section 3319.112 of the Revised Code,	6634
aggregated by the teacher preparation programs from which and the	6635
years in which the teachers graduated. The department shall	6636
establish guidelines for reporting the information required by	6637
this division. The guidelines shall not permit or require that the	6638
name of, or any other personally identifiable information about,	6639
any teacher be reported under this division.	6640

(H) Notwithstanding any provision to the contrary in Chapter	6641
4117. of the Revised Code, the requirements of this section	6642
prevail over any conflicting provisions of a collective bargaining	6643
agreement entered into on or after the effective date of this	6644
amendment.	6645

Sec. 3319.112. (A) Not later than December 31, 2011, the	6646
state board of education shall develop a standards-based state	6647
framework for the evaluation of teachers. The state board may	6648
update the framework periodically by adoption of a resolution. The	6649
framework shall establish an evaluation system that does the	6650
following:	6651

(1) Provides for multiple evaluation factors, including	6652
student academic growth which shall account for fifty per cent of	6653
each evaluation;. In calculating student academic growth for an	6654
evaluation, a student shall not be included if the student has	6655
sixty or more unexcused absences for the school year.	6656

(2) Is aligned with the standards for teachers adopted under	6657
section 3319.61 of the Revised Code;	6658

(3) Requires observation of the teacher being evaluated,	6659
including at least two formal observations by the evaluator of at	6660
least thirty minutes each and classroom walkthroughs;	6661

(4) Assigns a rating on each evaluation in accordance with	6662
division (B) of this section;	6663

(5) Requires each teacher to be provided with a written	6664
report of the results of the teacher's evaluation;	6665

(6) Identifies measures of student academic growth for grade	6666
levels and subjects for which the value-added progress dimension	6667
prescribed by section 3302.021 of the Revised Code does not apply;	6668

(7) Implements a classroom-level, value-added program	6669
developed by a nonprofit organization described in division (B) of	6670
section 3302.021 of the Revised Code;	6671

(8) Provides for professional development to accelerate and	6672
continue teacher growth and provide support to poorly performing	6673
teachers;	6674

(9) Provides for the allocation of financial resources to	6675
support professional development.	6676

(B) For purposes of the framework developed under this	6677
section, the state board also shall do the following:	6678

(1) Develop specific standards and criteria that distinguish	6679
between the following levels of performance for teachers and	6680
principals for the purpose of assigning ratings on the evaluations	6681
conducted under sections 3319.02 and 3319.111 of the Revised Code:	6682

(a) Accomplished;

6683

(b) Proficient;

6684

6685

(d) Ineffective.

6686

(2) For grade levels and subjects for which the assessments	6687
prescribed under sections 3301.0710 and 3301.0712 of the Revised	6688
Code and the value-added progress dimension prescribed by section	6689
3302.021 of the Revised Code do not apply, develop a list of	6690
student assessments that measure mastery of the course content for	6691
the appropriate grade level, which may include nationally normed	6692
standardized assessments, industry certification examinations, or	6693
end-of-course examinations.	6694

(C) The state board shall consult with experts, teachers and	6695
principals employed in public schools, and representatives of	6696
stakeholder groups in developing the standards and criteria	6697
required by division (B)(1) of this section.	6698

(D) To assist school districts in developing evaluation	6699
policies under sections 3319.02 and 3319.111 of the Revised Code,	6700
the department shall do both of the following:	6701

(1) Serve as a clearinghouse of promising evaluation	6702
procedures and evaluation models that districts may use;	6703

(2) Provide technical assistance to districts in creating	6704
evaluation policies.	6705

(E) Not later than June 30, 2013, the state board, in	6706
consultation with state agencies that employ teachers, shall	6707
develop a standards-based framework for the evaluation of teachers	6708
employed by those agencies. Each state agency that employs	6709
teachers shall adopt a standards-based teacher evaluation policy	6710
that conforms with the framework developed under this division.	6711
The policy shall become operative at the expiration of any	6712
collective bargaining agreement covering teachers employed by the	6713
agency that is in effect on the effective date of this amendment	6714
and shall be included in any renewal or extension of such an	6715
agreement.	6716

Sec. 3319.58. (A) As used in this section, "core subject	6717
area" has the same meaning as in section 3319.074 of the Revised	6718
Code.	6719

(B) Each year, beginning with the 2015-2016 school year, the	6720
board of education of each city, exempted village, local, and	6721
joint vocational school district shall require each classroom	6722
teacher who is currently teaching in a core subject area and has	6723
received a rating of ineffective on the evaluations conducted	6724
under section 3319.111 of the Revised Code for two of the three	6725
most recent school years to register for and take all written	6726
examinations of content knowledge selected by the department of	6727
education as appropriate to determine expertise to teach that core	6728
subject area and the grade level to which the teacher is assigned.	6729

(C) Each year, beginning with the 2015-2016 school year, the	6730
~~board of education of each city, exempted village, and local~~	6731
~~school district,~~ governing authority of each community school	6732
established under Chapter 3314. of the Revised Code, and governing	6733
body of each STEM school established under Chapter 3326. of the	6734
Revised Code with a building ranked in the lowest ten per cent of	6735
all public school buildings according to performance index score,	6736
under section 3302.21 of the Revised Code, shall require each	6737
classroom teacher currently teaching in a core subject area in	6738
such a building to register for and take all written examinations	6739
~~prescribed by the state board of education for licensure~~of	6740
content knowledge selected by the department as appropriate to	6741
determine expertise to teach that core subject area and the grade	6742
level to which the teacher is assigned ~~under section 3319.22 of~~	6743
~~the Revised Code~~. ~~However, if~~	6744

(D) If a teacher who takes an examination under division (B)	6745
of this section passes that examination and provides proof of that	6746
passage to the teacher's employer, the employer shall require the	6747
teacher, at the teacher's expense, to complete professional	6748
development that is targeted to the deficiencies identified in the	6749
teacher's evaluations conducted under section 3319.111 of the	6750
Revised Code. The receipt by the teacher of a rating of	6751
ineffective on the teacher's next evaluation after completion of	6752
the professional development, or the failure of the teacher to	6753
complete the professional development, shall be grounds for	6754
termination of the teacher under section 3319.16 of the Revised	6755
Code.	6756

(E) If a teacher who takes ~~a prescribed~~an examination under	6757
this ~~division~~section passes that examination and provides proof	6758
of that passage to the teacher's employer, the teacher shall not	6759
be required to take the examination again for three years,	6760
regardless of the teacher's evaluation ratings or the performance	6761
index score ranking of the building in which the teacher teaches.	6762
No teacher shall be responsible for the cost of taking an	6763
examination under this ~~division~~section.	6764

~~(C)~~(F) Each district board of education, each community	6765
school governing authority, and each STEM school governing body	6766
may use the results of a teacher's examinations required under	6767
division (B) or (C) of this section in developing and revising	6768
professional development plans and in deciding whether or not to	6769
continue employing the teacher in accordance with the provisions	6770
of this chapter or Chapter 3314. or 3326. of the Revised Code.	6771
However, no decision to terminate or not to renew a teacher's	6772
employment contract shall be made solely on the basis of the	6773
results of a teacher's examination under this section until and	6774
unless the teacher has not attained a passing score on the same	6775
required examination for at least three consecutive	6776
administrations of that examination.	6777

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	6778
"guardian," or "other person having charge or care of a child"	6779
means either parent unless the parents are separated or divorced	6780
or their marriage has been dissolved or annulled, in which case	6781
"parent" means the parent who is the residential parent and legal	6782
custodian of the child. If the child is in the legal or permanent	6783
custody of a person or government agency, "parent" means that	6784
person or government agency. When a child is a resident of a home,	6785
as defined in section 3313.64 of the Revised Code, and the child's	6786
parent is not a resident of this state, "parent," "guardian," or	6787
"other person having charge or care of a child" means the head of	6788
the home.	6789

A child between six and eighteen years of age is "of	6790
compulsory school age" for the purpose of sections 3321.01 to	6791
3321.13 of the Revised Code. A child under six years of age who	6792
has been enrolled in kindergarten also shall be considered "of	6793
compulsory school age" for the purpose of sections 3321.01 to	6794
3321.13 of the Revised Code unless at any time the child's parent	6795
or guardian, at the parent's or guardian's discretion and in	6796
consultation with the child's teacher and principal, formally	6797
withdraws the child from kindergarten. The compulsory school age	6798
of a child shall not commence until the beginning of the term of	6799
such schools, or other time in the school year fixed by the rules	6800
of the board of the district in which the child resides.	6801

(2) No child shall be admitted to a kindergarten or a first	6802
grade of a public school in a district in which all children are	6803
admitted to kindergarten and the first grade in August or	6804
September unless the child is five or six years of age,	6805
respectively, by the thirtieth day of September of the year of	6806
admittance, or by the first day of a term or semester other than	6807
one beginning in August or September in school districts granting	6808
admittance at the beginning of such term or semester, ~~except that~~	6809
~~in those school districts using or obtaining educationally~~	6810
~~accepted standardized testing programs for determining entrance,~~	6811
~~as approved by the board of education of such districts, the board~~	6812
~~shall admit a child to kindergarten or the first grade who fails~~	6813
~~to meet the age requirement, provided the child meets necessary~~	6814
~~standards as determined by such standardized testing programs. If~~	6815
~~the board of education has not established a standardized testing~~	6816
~~program, the board shall designate the necessary standards and a~~	6817
~~testing program it will accept for the purpose of admitting a~~	6818
~~child to kindergarten or first grade who fails to meet the age~~	6819
~~requirement. Each child who will be the proper age for entrance to~~	6820
~~kindergarten or first grade by the first day of January of the~~	6821
~~school year for which admission is requested shall be so tested~~	6822
~~upon the request of the child's parent~~unless the child has been	6823
recommended for early admittance in accordance with the district's	6824
acceleration policy adopted under section 3324.10 of the Revised	6825
Code. A child who does not meet the age requirement for admittance	6826
to kindergarten or first grade shall be evaluated for early	6827
admittance upon referral by the child's parent or guardian, an	6828
educator employed by the district, a preschool educator who knows	6829
the child, or a pediatrician or psychologist who knows the child.	6830

(3) Notwithstanding ~~divisions~~division (A)(2) ~~and (D)~~ of this	6831
section, beginning with the school year that starts in 2001 and	6832
continuing thereafter the board of education of any district may	6833
adopt a resolution establishing the first day of August in lieu of	6834
the thirtieth day of September as the required date by which	6835
students must have attained the age specified in ~~those divisions~~	6836
that division.	6837

(4) After a student has been admitted to kindergarten in a	6838
school district or chartered nonpublic school, no board of	6839
education of a school district to which the student transfers	6840
shall deny that student admission based on the student's age.	6841

(B) As used in ~~divisions~~division (C) ~~and (D)~~ of this	6842
section, "successfully completed kindergarten" ~~and "successful~~	6843
~~completion of kindergarten" mean~~means that the child has	6844
completed the kindergarten requirements at one of the following:	6845

(1) A public or chartered nonpublic school;

6846

(2) A kindergarten class that is both of the following:

6847

(a) Offered by a day-care provider licensed under Chapter	6848
5104. of the Revised Code;	6849

(b) If offered after July 1, 1991, is directly taught by a	6850
teacher who holds one of the following:	6851

(i) A valid educator license issued under section 3319.22 of	6852
the Revised Code;	6853

(ii) A Montessori preprimary credential or age-appropriate	6854
diploma granted by the American Montessori society or the	6855
association Montessori internationale;	6856

(iii) Certification determined under division ~~(G)~~(F) of this	6857
section to be equivalent to that described in division	6858
(B)(2)(b)(ii) of this section;	6859

(iv) Certification for teachers in nontax-supported schools	6860
pursuant to section 3301.071 of the Revised Code.	6861

(C) Except as provided in division ~~(D)~~(A)(2) of this section,	6862
no school district shall admit to the first grade any child who	6863
has not successfully completed kindergarten.	6864

(D) ~~Upon request of a parent, the requirement of division (C)~~	6865
~~of this section may be waived by the district's pupil personnel~~	6866
~~services committee in the case of a child who is at least six~~	6867
~~years of age by the thirtieth day of September of the year of~~	6868
~~admittance and who demonstrates to the satisfaction of the~~	6869
~~committee the possession of the social, emotional, and cognitive~~	6870
~~skills necessary for first grade.~~	6871

~~The board of education of each city, local, and exempted~~	6872
~~village school district shall establish a pupil personnel services~~	6873
~~committee. The committee shall be composed of all of the following~~	6874
~~to the extent such personnel are either employed by the district~~	6875
~~or employed by the governing board of the educational service~~	6876
~~center within whose territory the district is located and the~~	6877
~~educational service center generally furnishes the services of~~	6878
~~such personnel to the district:~~	6879

~~(1) The director of pupil personnel services;~~

6880

~~(2) An elementary school counselor;~~

6881

~~(3) An elementary school principal;~~

6882

~~(4) A school psychologist;~~

6883

~~(5) A teacher assigned to teach first grade;~~

6884

~~(6) A gifted coordinator.~~

6885

~~The responsibilities of the pupil personnel services~~	6886
~~committee shall be limited to the issuing of waivers allowing~~	6887
~~admittance to the first grade without the successful completion of~~	6888
~~kindergarten. The committee shall have no other authority except~~	6889
~~as specified in this section.~~	6890

~~(E)~~ The scheduling of times for kindergarten classes and	6891
length of the school day for kindergarten shall be determined by	6892
the board of education of a city, exempted village, or local	6893
school district.	6894

~~(F)~~(E) Any kindergarten class offered by a day-care provider	6895
or school described by division (B)(1) or (B)(2)(a) of this	6896
section shall be developmentally appropriate.	6897

~~(G)~~(F) Upon written request of a day-care provider described	6898
by division (B)(2)(a) of this section, the department of education	6899
shall determine whether certification held by a teacher employed	6900
by the provider meets the requirement of division (B)(2)(b)(iii)	6901
of this section and, if so, shall furnish the provider a statement	6902
to that effect.	6903

~~(H)~~(G) As used in this division, "all-day kindergarten" has	6904
the same meaning as in section 3321.05 of the Revised Code.	6905

(1) Any school district that did not receive for fiscal year	6906
2009 poverty-based assistance for all-day kindergarten under	6907
division (D) of section 3317.029 of the Revised Code may charge	6908
fees or tuition for students enrolled in all-day kindergarten. If	6909
a district charges fees or tuition for all-day kindergarten under	6910
this division, the district shall develop a sliding fee scale	6911
based on family incomes.	6912

(2) The department of education shall conduct an annual	6913
survey of each school district described in division ~~(H)~~(G)(1) of	6914
this section to determine the following:	6915

(a) Whether the district charges fees or tuition for students	6916
enrolled in all-day kindergarten;	6917

(b) The amount of the fees or tuition charged;

6918

(c) How many of the students for whom tuition is charged are	6919
eligible for free lunches under the "National School Lunch Act,"	6920
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	6921
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	6922
and how many of the students for whom tuition is charged are	6923
eligible for reduced price lunches under those acts;	6924

(d) How many students are enrolled in traditional half-day	6925
kindergarten rather than all-day kindergarten.	6926

Each district shall report to the department, in the manner	6927
prescribed by the department, the information described in	6928
divisions ~~(H)~~(G)(2)(a) to (d) of this section.	6929

The department shall issue an annual report on the results of	6930
the survey and shall post the report on its web site. The	6931
department shall issue the first report not later than April 30,	6932
2008, and shall issue a report not later than the thirtieth day of	6933
April each year thereafter.	6934

Sec. 3323.011. As used in this chapter, "individualized	6935
education program" or "IEP" means a written statement for each	6936
child with a disability that is developed, reviewed, and revised	6937
in accordance with this definition and that includes:	6938

(A) A statement of the child's present levels of academic	6939
achievement and functional performance, including:	6940

(1) How the child's disability affects the child's	6941
involvement and progress in the general education curriculum;	6942

(2) For a preschool child with a disability, as appropriate,	6943
how the disability affects the child's participation in	6944
appropriate activities;	6945

(3) For a child with a disability who is not a preschool	6946
child and who will take alternate assessments aligned to alternate	6947
achievement standards, a description of benchmarks or short-term	6948
objectives.	6949

(B) A statement of measurable annual goals, including	6950
academic and functional goals and, at the discretion of the	6951
department of education, short-term instructional objectives that	6952
are designed to:	6953

(1) Meet the child's needs that result from the child's	6954
disability so as to enable the child to be involved in and make	6955
progress in the general education curriculum;	6956

(2) Meet each of the child's other educational needs that	6957
result from the child's disability.	6958

(C) A description of how the child's progress toward meeting	6959
the annual goals described pursuant to division (B) of this	6960
section will be measured and when periodic reports on the progress	6961
the child is making toward meeting the annual goals will be	6962
provided. Such reports may be quarterly or other periodic reports	6963
that are issued concurrent with the issuance of regular report	6964
cards.	6965

(D) A statement of the special education and related services	6966
and supplementary aids and services, based on peer-reviewed	6967
research to the extent practicable, to be provided to the child,	6968
or on behalf of the child, and a statement of the program	6969
modifications or supports for school personnel that will be	6970
provided for the child so that the child may:	6971

(1) Advance appropriately toward attaining the annual goals	6972
described pursuant to division (B) of this section;	6973

(2) Be involved in and make progress in the general education	6974
curriculum and participate in extracurricular and other	6975
nonacademic activities;	6976

(3) Be educated with and participate with both other children	6977
with disabilities and nondisabled children in the specific	6978
activities described pursuant to division (D) of this section.	6979

(E) An explanation of the extent, if any, to which the child	6980
will not participate with nondisabled children in the regular	6981
class, including an early childhood education setting, and in the	6982
activities described pursuant to division (D) of this section;	6983

(F) A statement of any individual appropriate accommodations	6984
that are necessary to measure the academic achievement and	6985
functional performance of the child on state and districtwide	6986
assessments consistent with section 612(a)(16) of the "Individuals	6987
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	6988
1412(a)(16). If the IEP team determines that the child shall take	6989
an alternate assessment on a particular state or districtwide	6990
assessment of student achievement, the IEP shall contain a	6991
statement of why the child cannot participate in the regular	6992
assessment and why the particular alternate assessment selected is	6993
appropriate for the child.	6994

(G) The projected date for the beginning of the services and	6995
modifications described pursuant to division (D) of this section	6996
and the anticipated frequency, location, and duration of those	6997
services and modifications;	6998

(H) Beginning not later than the first IEP to be in effect	6999
when the child is ~~sixteen~~fourteen years of age, and updated	7000
annually thereafter, a statement describing:	7001

(1) Appropriate measurable post-secondary goals based upon	7002
age-appropriate transition assessments related to training,	7003
education, ~~employment,~~ and independent living skills;	7004

(2) Appropriate measurable post-secondary goals based on	7005
age-appropriate transition assessments related to employment in a	7006
competitive environment in which workers are integrated regardless	7007
of disability;	7008

(3) The transition services, including courses of study,	7009
needed to assist the child in reaching the goals described in	7010
~~division~~divisions (H)(1) and (2) of this section.	7011

(I) Beginning not later than one year before the child	7012
reaches eighteen years of age, a statement that the child has been	7013
informed of the child's rights under Title XX of the United States	7014
Code that will transfer to the child on reaching eighteen years of	7015
age in accordance with section 615(m) of the "Individuals with	7016
Disabilities Education Improvement Act of 2004," 20 U.S.C.	7017
1415(m).	7018

Nothing in this section shall be construed to require that	7019
additional information be included in a child's IEP beyond the	7020
items explicitly required by this section and that the IEP team	7021
include information under one component of a child's IEP that is	7022
already contained under another component of the IEP.	7023

Sec. 3323.052. (A) Not later than ~~sixty days after the~~	7024
~~effective date of this section~~November 28, 2011, the department	7025
of education shall develop a document that compares a parent's and	7026
child's rights under this chapter and 20 U.S.C. 1400 et seq. with	7027
the parent's and child's rights under the Jon Peterson special	7028
needs scholarship program, established in sections 3310.51 to	7029
3310.64 of the Revised Code, including the deadline for	7030
application for a scholarship or renewal of a scholarship and	7031
notice of that application to the child's school district,	7032
prescribed in division (C) of section 3310.52 of the Revised Code,	7033
and the provisions of divisions (A) and (B) of section 3310.53 of	7034
the Revised Code. The department shall revise that document as	7035
necessary to reflect any pertinent changes in state or federal	7036
statutory law, rule, or regulation enacted or adopted after the	7037
initial document is developed. ~~The~~	7038

(B) The department and each school district shall ensure that	7039
the document prescribed in division (A) of this section is	7040
included in, appended to, or otherwise distributed in conjunction	7041
with the notice required under 20 U.S.C. 1415(d), and any	7042
provision of the Code of Federal Regulations implementing that	7043
requirement, in the manner and at all the times specified for such	7044
notice in federal law or regulation. As	7045

(C) In addition to the requirement prescribed by division (B)	7046
of this section, each time a child's school district completes an	7047
evaluation for a child with a disability or undertakes the	7048
development, review, or revision of the child's IEP, the district	7049
shall notify the child's parent, by letter or electronic means,	7050
about both the autism scholarship program, under section 3310.41	7051
of the Revised Code, and the Jon Peterson special needs	7052
scholarship program, under sections 3310.51 to 3310.64 of the	7053
Revised Code. The notice shall include the following statement:	7054

"Your child may be eligible for a scholarship under the	7055
Autism Scholarship Program or the Jon Peterson Special Needs	7056
Scholarship Program to attend a special education program that	7057
implements the child's individualized education program and that	7058
is operated by an alternative public provider or by a registered	7059
private provider."	7060

The notice shall include the telephone number of the office	7061
of the department responsible for administering the scholarship	7062
programs and the specific location of scholarship information on	7063
the department's web site.	7064

(D) As used in this section, a "child's school district"	7065
means the school district in which the child is entitled to attend	7066
school under section 3313.64 or 3313.65 of the Revised Code.	7067

Sec. 3323.19. (A) Within three months after a student	7068
identified with disabilities begins receiving services for the	7069
first time under an individualized education program, the school	7070
district in which that student is enrolled shall require the	7071
student to undergo a comprehensive eye examination performed	7072
either by an optometrist licensed under Chapter 4725. of the	7073
Revised Code or by a physician authorized under Chapter 4731. of	7074
the Revised Code to practice medicine and surgery or osteopathic	7075
medicine and surgery who is comprehensively trained and educated	7076
in the treatment of the human eye, eye disease, or comprehensive	7077
vision services, unless the student underwent such an examination	7078
within the nine-month period immediately prior to being identified	7079
with disabilities.	7080

However, no student who has not undergone the eye examination	7081
required under this section shall be prohibited from initiating,	7082
receiving, or continuing to receive services prescribed in the	7083
student's individualized education program.	7084

(B) The superintendent of each school district or the	7085
superintendent's designee may determine fulfillment of the	7086
requirement prescribed in division (A) of this section based on	7087
any special circumstances of the student, the student's parent,	7088
guardian, or family that may prevent the student from undergoing	7089
the eye examination prior to beginning special education services.	7090

(C) Except for a student who may be entitled to a	7091
comprehensive eye examination in the identification of the	7092
student's disabilities, in the development of the student's	7093
individualized education program, or as a related service under	7094
the student's individualized education program, neither the state	7095
nor any school district shall be responsible for paying for the	7096
eye examination required by this section.	7097

(D) The department of education annually shall do both of the	7098
following:	7099

(1) Notify each school district and community school of the	7100
requirements of this section;	7101

(2) Collect from each school district and community school	7102
the total number of students enrolled in the district who were	7103
subject to the requirements of this section and the total number	7104
of students who received the examination, as verified by	7105
documentation received from the district.	7106

Sec. 3326.03. (A) The STEM committee shall authorize the	7107
establishment of and award grants to science, technology,	7108
engineering, and mathematics schools based on proposals submitted	7109
to the committee.	7110

The committee shall determine the criteria for proposals,	7111
establish procedures for the submission of proposals, accept and	7112
evaluate proposals, and choose which proposals to approve to	7113
become a STEM school. In approving proposals for STEM schools, the	7114
committee shall consider locating the schools in diverse	7115
geographic regions of the state so that all students have access	7116
to a STEM school.	7117

The committee may authorize the establishment of a group of	7118
multiple STEM schools to operate from multiple facilities located	7119
in one or more school districts under the direction of a single	7120
governing body in the manner prescribed by section 3326.031 of the	7121
Revised Code. The committee shall consider the merits of each of	7122
the proposed STEM schools within a group and shall authorize each	7123
school separately. Anytime after authorizing a group of STEM	7124
schools to be under the direction of a single governing body, upon	7125
a proposal from the governing body, the committee may authorize	7126
one or more additional schools to operate as part of that group.	7127

The STEM committee may approve one or more STEM schools to	7128
serve only students identified as gifted under Chapter 3324. of	7129
the Revised Code.	7130

(B) Proposals may be submitted only by a partnership of	7131
public and private entities consisting of at least all of the	7132
following:	7133

(1) A city, exempted village, local, or joint vocational	7134
school district;	7135

(2) Higher education entities;

7136

(3) Business organizations.

7137

7138

(1) Assurances that the STEM school or group of STEM schools	7139
will be under the oversight of a governing body and a description	7140
of the members of that governing body and how they will be	7141
selected;	7142

(2) Assurances that ~~the~~each STEM school will operate in	7143
compliance with this chapter and the provisions of the proposal as	7144
accepted by the committee;	7145

(3) Evidence that ~~the~~each school will offer a rigorous,	7146
diverse, integrated, and project-based curriculum to students in	7147
any of grades six through twelve, with the goal to prepare those	7148
students for college, the workforce, and citizenship, and that	7149
does all of the following:	7150

(a) Emphasizes the role of science, technology, engineering,	7151
and mathematics in promoting innovation and economic progress;	7152

(b) Incorporates scientific inquiry and technological design;

7153

7154

(d) Emphasizes personalized learning and teamwork skills.

7155

(4) Evidence that ~~the~~each school will attract school leaders	7156
who support the curriculum principles of division (C)(3) of this	7157
section;	7158

(5) A description of how ~~the~~each school's curriculum will be	7159
developed and approved in accordance with section 3326.09 of the	7160
Revised Code;	7161

(6) Evidence that ~~the~~each school will utilize an established	7162
capacity to capture and share knowledge for best practices and	7163
innovative professional development;	7164

(7) Evidence that ~~the~~each school will operate in	7165
collaboration with a partnership that includes institutions of	7166
higher education and businesses;	7167

(8) Assurances that ~~the~~each school has received commitments	7168
of sustained and verifiable fiscal and in-kind support from	7169
regional education and business entities;	7170

(9) A description of how ~~the~~each school's assets will be	7171
distributed if the school closes for any reason.	7172

Sec. 3326.031. (A) As authorized by the STEM committee, a	7173
single governing body may direct a group of multiple STEM schools	7174
to operate from multiple facilities located in one or more school	7175
districts to be organized and operated in the manner prescribed	7176
under this chapter except as specified by this section. Each	7177
school within the group shall operate as a separate school but	7178
under the direction of a common governing body. The governing body	7179
may employ a single treasurer, licensed in the manner prescribed	7180
by section 3326.21 of the Revised Code, to manage the fiscal	7181
affairs of all of the schools within the group. Each school shall	7182
have a chief administrative officer, as required by section	7183
3326.08 of the Revised Code, but the governing body may in its	7184
discretion appoint a single individual to be the chief	7185
administrative officer of two or more schools in the group. No	7186
school within the group shall be organized or funded in the manner	7187
prescribed by section 3326.51 of the Revised Code.	7188

(B) The department shall calculate funds under this chapter	7189
for each STEM school within a group separately and shall pay those	7190
funds directly to each school.	7191

(C) In accordance with section 3326.17 of the Revised Code,	7192
the department shall issue a separate report card for each STEM	7193
school within a group. The department also shall compute a rating	7194
for each group of schools and report that rating in a distinct	7195
report card for the group.	7196

Sec. 3326.04. (A) The STEM committee shall award grants to	7197
support the operation of STEM programs of excellence to serve	7198
students in any of grades kindergarten through eight through a	7199
request for proposals.	7200

(B) Proposals may be submitted by any of the following:

7201

(1) The board of education of a city, exempted village, or	7202
local school district;	7203

(2) The governing authority of a community school established	7204
under Chapter 3314. of the Revised Code.	7205

(C) Each proposal shall demonstrate to the satisfaction of	7206
the STEM committee that the program meets at least the following	7207
standards:	7208

(1) ~~The~~Unless the program is designed to serve only students	7209
identified as gifted under Chapter 3324. of the Revised Code, the	7210
program will serve all students enrolled in the district or school	7211
in the grades for which the program is designed.	7212

(2) The program will offer a rigorous and diverse curriculum	7213
that is based on scientific inquiry and technological design, that	7214
emphasizes personalized learning and teamwork skills, and that	7215
will expose students to advanced scientific concepts within and	7216
outside the classroom.	7217

(3) ~~The~~Unless the program is designed to serve only students	7218
identified as gifted under Chapter 3324. of the Revised Code, the	7219
program will not limit participation of students on the basis of	7220
intellectual ability, measures of achievement, or aptitude.	7221

(4) The program will utilize an established capacity to	7222
capture and share knowledge for best practices and innovative	7223
professional development.	7224

(5) The program will operate in collaboration with a	7225
partnership that includes institutions of higher education and	7226
businesses.	7227

(6) The program will include teacher professional development	7228
strategies that are augmented by community and business partners.	7229

(D) The STEM committee shall give priority to proposals for	7230
new or expanding innovative programs.	7231

Sec. 3326.10. Each science, technology, engineering, and	7232
mathematics school shall adopt admission procedures that specify	7233
the following:	7234

(A)(1) Admission shall be open to individuals entitled and	7235
eligible to attend school pursuant to section 3313.64 or 3313.65	7236
of the Revised Code in a school district in the state.	7237

(2) Students who are not residents of Ohio shall not be	7238
permitted to enroll in a science, technology, engineering, and	7239
mathematics school.	7240

(B) There will be no discrimination in the admission of	7241
students to the school on the basis of race, creed, color,	7242
disability, or sex.	7243

(C) The school will comply with all federal and state laws	7244
regarding the education of students with disabilities.	7245

(D) ~~The~~Unless the school serves only students identified as	7246
gifted under Chapter 3324. of the Revised Code, the school will	7247
not limit admission to students on the basis of intellectual	7248
ability, measures of achievement or aptitude, or athletic or	7249
artistic ability~~; the~~.	7250

(E) The school will assert its best effort to attract a	7251
diverse student body that reflects the community;, and the school	7252
will recruit students from disadvantaged and underrepresented	7253
groups.	7254

Sec. 3326.11. Each science, technology, engineering, and	7255
mathematics school established under this chapter and its	7256
governing body shall comply with sections 9.90, 9.91, 109.65,	7257
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	7258
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	7259
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	7260
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	7261
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	7262
3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	7263
3313.67, 3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	7264
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	7265
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	7266
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	7267
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	7268
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	7269
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	7270
4123., 4141., and 4167. of the Revised Code as if it were a school	7271
district.	7272

Sec. 3326.17. (A) The department of education shall issue an	7273
annual report card for each science, technology, engineering, and	7274
mathematics school that includes all information applicable to	7275
school buildings under section 3302.03 of the Revised Code.	7276

(B) For each student enrolled in a STEM school, the	7277
department shall combine data regarding the academic performance	7278
of that student with comparable data from the school district in	7279
which the student is entitled to attend school pursuant to section	7280
3313.64 or 3313.65 of the Revised Code for the purpose of	7281
calculating the performance of the district as a whole on the	7282
report card issued for the district under section 3302.03 of the	7283
Revised Code.	7284

(C) The department also shall compute a rating for each group	7285
of STEM schools that is under the direction of the same governing	7286
body, as authorized under section 3326.031 of the Revised Code,	7287
and issue a distinct report card for the group as a whole.	7288

(D) Each STEM school and its governing body shall comply with	7289
sections 3302.04 and 3302.041 of the Revised Code, except that any	7290
action required to be taken by a school district pursuant to those	7291
sections shall be taken by the school. However, the school shall	7292
not be required to take any action described in division (F) of	7293
section 3302.04 of the Revised Code.	7294

Sec. 3326.21. (A) ~~Each~~Except as provided by section 3326.031	7295
of the Revised Code, each science, technology, engineering, and	7296
mathematics school shall have a treasurer who is licensed under	7297
section 3301.074 of the Revised Code. The governing body of the	7298
school and the treasurer shall comply with sections 3301.072,	7299
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	7300
the same manner as a school district board of education and a	7301
district treasurer.	7302

(B) Financial records of each STEM school shall be maintained	7303
in the same manner as are financial records of school districts,	7304
pursuant to rules of the auditor of state.	7305

Sec. 3326.26. The governing body of a science, technology,	7306
engineering, and mathematics school may screen students in ninth	7307
grade for body mass index and weight status category. If a	7308
governing body elects to require the screenings, it shall comply	7309
with section 3313.674 of the Revised Code in the same manner	7310
required of a school district board of education.	7311

Sec. 3328.15. (A) Each college-preparatory boarding school	7312
established under this chapter shall be governed by a board of	7313
trustees consisting of up to twenty-five members. Five of those	7314
members shall be appointed by the governor, with the advice and	7315
consent of the senate. The governor's appointments may be based on	7316
nonbinding recommendations made by the superintendent of public	7317
instruction. Of the remaining members, initial members shall be	7318
appointed by the school's operator and future members shall be	7319
appointed pursuant to the bylaws adopted under section 3328.13 of	7320
the Revised Code. The governor, operator, or any other person or	7321
entity who appoints a member of the board of trustees under this	7322
section or the bylaws adopted under section 3328.13 of the Revised	7323
Code may remove that member from the board at any time.	7324

(B) The terms of office of the initial members shall be as	7325
follows:	7326

(1) Two members appointed by the governor shall serve for an	7327
initial term of three years.	7328

(2) Two members appointed by the governor shall serve for an	7329
initial term of two years.	7330

(3) One member appointed by the governor shall serve for an	7331
initial term of one year.	7332

(4) One-third of the members appointed by the operator,	7333
rounded down to the nearest whole number, shall serve for an	7334
initial term of three years.	7335

(5) One-third of the members appointed by the operator,	7336
rounded down to the nearest whole number, shall serve for an	7337
initial term of two years.	7338

(6) One-third of the members appointed by the operator,	7339
rounded down to the nearest whole number, shall serve for an	7340
initial term of one year.	7341

(7) Any remaining members appointed by the operator shall	7342
serve for an initial term of one year.	7343

Thereafter the terms of office of all members shall be for	7344
three years.	7345

The beginning date and ending date of terms of office shall	7346
be as prescribed by the school's operator, unless modified in the	7347
bylaws adopted under section 3328.13 of the Revised Code.	7348

(C) Vacancies on the board shall be filled in the same manner	7349
as the initial appointments. A member appointed to an unexpired	7350
term shall serve for the remainder of that term and may be	7351
reappointed subject to division (D) of this section.	7352

(D) No member may serve for more than three consecutive	7353
three-year terms.	7354

(E) The officers of the board shall be selected by and from	7355
among the members of the board.	7356

(F) Compensation for the members of the board, if any, shall	7357
be as prescribed in the bylaws adopted under section 3328.13 of	7358
the Revised Code.	7359

Sec. 3328.24. A college-preparatory boarding school	7360
established under this chapter~~, its operator,~~ and its board of	7361
trustees shall comply with sections 102.02, 3301.0710, 3301.0711,	7362
3301.0712, 3301.0714, 3313.6411, 3319.39, and 3319.391 of the	7363
Revised Code as if the school were a school district and the	7364
school's board of trustees were a district board of education.	7365

Sec. 3333.0411. Not later than December 31, 2012, and	7366
annually thereafter, the chancellor of the Ohio board of regents	7367
shall report aggregate academic growth data for students assigned	7368
to graduates of teacher preparation programs approved under	7369
section 3333.048 of the Revised Code who teach English language	7370
arts or mathematics in any of grades four to eight in a public	7371
school in Ohio. For this purpose, the chancellor shall use the	7372
value-added progress dimension prescribed by section 3302.021 of	7373
the Revised Code. The chancellor shall aggregate the data by	7374
graduating class for each approved teacher preparation program,	7375
except that if a particular class has ten or fewer graduates to	7376
which this section applies, the chancellor shall report the data	7377
for a group of classes over a three-year period. In	7378

Not later than December 31, 2014, and annually thereafter,	7379
the chancellor of the Ohio board of regents shall report for each	7380
approved teacher preparation program, the number and percentage of	7381
all graduates of the program who were rated at each of the	7382
performance levels prescribed by division (B)(1) of section	7383
3319.112 of the Revised Code on an evaluation conducted in	7384
accordance with section 3319.111 of the Revised Code in the	7385
previous school year.	7386

In no case shall the ~~report~~reports identify any individual	7387
graduate. The department of education shall share any data	7388
necessary for the report with the chancellor.	7389

Sec. 4123.391. (A) For purposes of this section, "learn to	7390
earn program" has the same meaning as in section 4141.293 of the	7391
Revised Code.	7392

(B) Solely for the purpose of providing compensation and	7393
benefits as set forth in this section, a participant in a learn to	7394
earn program is an employee of the department, and not an employee	7395
of the entity conducting the training.	7396

(C) A learn to earn program participant who suffers an injury	7397
or contracts an occupational disease in the course of and arising	7398
out of participation in the learn to earn program is entitled to	7399
compensation and benefits under this chapter.	7400

(D)(1) This chapter is the exclusive remedy for a learn to	7401
earn program participant or the participant's dependents resulting	7402
from the participant's injury or occupational disease received in	7403
the course of and arising out of the participant's participation	7404
in the program. Pursuant to section 4123.74 of the Revised Code,	7405
neither the department nor the designated worksite training	7406
provider shall be liable to respond in damages at common law or by	7407
statute for any injury, occupational disease, or bodily condition	7408
suffered or contracted by a participant in the course of or	7409
arising out of participation in the program.	7410

(2) Notwithstanding division (D)(1) of this section, a	7411
participant or the participant's dependents do not waive any cause	7412
of action for an intentional tort under section 2745.01 of the	7413
Revised Code against the department or the designated worksite	7414
training provider.	7415

(E) The department may include a learn to earn program	7416
participant in its department workers' compensation coverage, or	7417
may establish a separate workers' compensation coverage policy	7418
with the bureau of workers' compensation upon the terms and	7419
conditions for insurance to be established by the bureau	7420
consistent with insurance principles, as is equitable in the view	7421
of degree and hazard.	7422

Sec. 4139.01. As used in ~~sections 4139.01 to 4139.06 of the~~	7423
~~Revised Code~~this chapter:	7424

(A) "Apprentice" means a person at least sixteen years of	7425
age, except when a higher minimum age standard is otherwise fixed	7426
by law, who is ~~covered by an~~in a registered apprenticeship	7427
program to learn a skilled occupation, pursuant to a registered	7428
apprenticeship agreement.	7429

(B) "Apprenticeship agreement" means a written agreement,	7430
registered with the ~~Ohio state~~ apprenticeship council, providing	7431
for not less than two thousand hours of reasonably continuous	7432
employment, and for participation in an approved schedule of work	7433
experience through employment, which shall be supplemented by a	7434
minimum of one hundred forty-four hours per year of related and	7435
supplemental instructions.	7436

(C) "Council office" means the unit of the department of job	7437
and family services that staffs the apprenticeship council and	7438
performs the administrative and oversight functions concerning	7439
this state's registered apprenticeship system.	7440

Sec. 4139.03. The apprenticeship council may ~~establish~~	7441
recommend minimum standards for apprenticeship programs and may	7442
formulate policies and ~~issue~~recommend rules as may be necessary	7443
to carry out the purpose of ~~sections 4139.01 to 4139.06 of the~~	7444
~~Revised Code~~this chapter. The council shall determine the date	7445
and place of its meetings and shall prescribe its own rules of	7446
procedure.	7447

Sec. 4139.04. The director of job and family services shall	7448
appoint the executive secretary of the ~~apprenticeship~~ council	7449
office, which appointment shall be subject to confirmation by a	7450
majority vote of the apprenticeship council. The director shall	7451
appoint such additional personnel as may be necessary, subject to	7452
Chapter 124. of the Revised Code.	7453

Sec. 4139.05. The executive secretary of the ~~apprenticeship~~	7454
council office has the following duties:	7455

(A) Encourage the voluntary participation of employers and	7456
employees in the furtherance of the objective of ~~sections 4139.01~~	7457
~~to 4139.06 of the Revised Code~~this chapter;	7458

(B) Register any apprenticeship programs and agreements that	7459
meet the minimum standards established by ~~the council~~federal	7460
regulations and state rules governing the registered	7461
apprenticeship system;	7462

(C) Terminate or cancel ~~on the authority of~~in consultation	7463
with the apprenticeship council any registered apprenticeship	7464
programs and agreements not in ~~accordance~~compliance with the	7465
provisions of such standards;	7466

(D) Keep a record of apprenticeship programs and their	7467
disposition;	7468

(E) ~~Issue certificate of completion of apprenticeship in~~	7469
~~accordance with the council's standards;~~	7470

~~(F)~~ Devise and implement all ~~necessary~~ procedures and ~~records~~	7471
minimum standards as are necessary for the administration of the	7472
registered apprenticeship system;	7473

(F) Implement administrative rules adopted by the director of	7474
job and family services as necessary for the administration of the	7475
registered apprenticeship system;	7476

(G) Prepare statistical reports regarding apprenticeship	7477
training;	7478

(H) Issue information related to apprenticeship;

7479

(I) Perform such other duties as ~~the council may direct~~	7480
appropriate under the applicable rules and regulations.	7481

Sec. 4141.01. As used in this chapter, unless the context	7482
otherwise requires:	7483

(A)(1) "Employer" means the state, its instrumentalities, its	7484
political subdivisions and their instrumentalities, Indian tribes,	7485
and any individual or type of organization including any	7486
partnership, limited liability company, association, trust,	7487
estate, joint-stock company, insurance company, or corporation,	7488
whether domestic or foreign, or the receiver, trustee in	7489
bankruptcy, trustee, or the successor thereof, or the legal	7490
representative of a deceased person who subsequent to December 31,	7491
1971, or in the case of political subdivisions or their	7492
instrumentalities, subsequent to December 31, 1973:	7493

(a) Had in employment at least one individual, or in the case	7494
of a nonprofit organization, subsequent to December 31, 1973, had	7495
not less than four individuals in employment for some portion of a	7496
day in each of twenty different calendar weeks, in either the	7497
current or the preceding calendar year whether or not the same	7498
individual was in employment in each such day; or	7499

(b) Except for a nonprofit organization, had paid for service	7500
in employment wages of fifteen hundred dollars or more in any	7501
calendar quarter in either the current or preceding calendar year;	7502
or	7503

(c) Had paid, subsequent to December 31, 1977, for employment	7504
in domestic service in a local college club, or local chapter of a	7505
college fraternity or sorority, cash remuneration of one thousand	7506
dollars or more in any calendar quarter in the current calendar	7507
year or the preceding calendar year, or had paid subsequent to	7508
December 31, 1977, for employment in domestic service in a private	7509
home cash remuneration of one thousand dollars in any calendar	7510
quarter in the current calendar year or the preceding calendar	7511
year:	7512

(i) For the purposes of divisions (A)(1)(a) and (b) of this	7513
section, there shall not be taken into account any wages paid to,	7514
or employment of, an individual performing domestic service as	7515
described in this division.	7516

(ii) An employer under this division shall not be an employer	7517
with respect to wages paid for any services other than domestic	7518
service unless the employer is also found to be an employer under	7519
division (A)(1)(a), (b), or (d) of this section.	7520

(d) As a farm operator or a crew leader subsequent to	7521
December 31, 1977, had in employment individuals in agricultural	7522
labor; and	7523

(i) During any calendar quarter in the current calendar year	7524
or the preceding calendar year, paid cash remuneration of twenty	7525
thousand dollars or more for the agricultural labor; or	7526

(ii) Had at least ten individuals in employment in	7527
agricultural labor, not including agricultural workers who are	7528
aliens admitted to the United States to perform agricultural labor	7529
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	7530
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	7531
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	7532
of the twenty different calendar weeks, in either the current or	7533
preceding calendar year whether or not the same individual was in	7534
employment in each day; or	7535

(e) Is not otherwise an employer as defined under division	7536
(A)(1)(a) or (b) of this section; and	7537

(i) For which, within either the current or preceding	7538
calendar year, service, except for domestic service in a private	7539
home not covered under division (A)(1)(c) of this section, is or	7540
was performed with respect to which such employer is liable for	7541
any federal tax against which credit may be taken for	7542
contributions required to be paid into a state unemployment fund;	7543

(ii) Which, as a condition for approval of this chapter for	7544
full tax credit against the tax imposed by the "Federal	7545
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	7546
required, pursuant to such act to be an employer under this	7547
chapter; or	7548

(iii) Who became an employer by election under division	7549
(A)(4) or (5) of this section and for the duration of such	7550
election; or	7551

(f) In the case of the state, its instrumentalities, its	7552
political subdivisions, and their instrumentalities, and Indian	7553
tribes, had in employment, as defined in divisions (B)(2)(a) and	7554
(B)(2)(l) of this section, at least one individual;	7555

(g) For the purposes of division (A)(1)(a) of this section,	7556
if any week includes both the thirty-first day of December and the	7557
first day of January, the days of that week before the first day	7558
of January shall be considered one calendar week and the days	7559
beginning the first day of January another week.	7560

(2) Each individual employed to perform or to assist in	7561
performing the work of any agent or employee of an employer is	7562
employed by such employer for all the purposes of this chapter,	7563
whether such individual was hired or paid directly by such	7564
employer or by such agent or employee, provided the employer had	7565
actual or constructive knowledge of the work. All individuals	7566
performing services for an employer of any person in this state	7567
who maintains two or more establishments within this state are	7568
employed by a single employer for the purposes of this chapter.	7569

(3) An employer subject to this chapter within any calendar	7570
year is subject to this chapter during the whole of such year and	7571
during the next succeeding calendar year.	7572

(4) An employer not otherwise subject to this chapter who	7573
files with the director of job and family services a written	7574
election to become an employer subject to this chapter for not	7575
less than two calendar years shall, with the written approval of	7576
such election by the director, become an employer subject to this	7577
chapter to the same extent as all other employers as of the date	7578
stated in such approval, and shall cease to be subject to this	7579
chapter as of the first day of January of any calendar year	7580
subsequent to such two calendar years only if at least thirty days	7581
prior to such first day of January the employer has filed with the	7582
director a written notice to that effect.	7583

(5) Any employer for whom services that do not constitute	7584
employment are performed may file with the director a written	7585
election that all such services performed by individuals in the	7586
employer's employ in one or more distinct establishments or places	7587
of business shall be deemed to constitute employment for all the	7588
purposes of this chapter, for not less than two calendar years.	7589
Upon written approval of the election by the director, such	7590
services shall be deemed to constitute employment subject to this	7591
chapter from and after the date stated in such approval. Such	7592
services shall cease to be employment subject to this chapter as	7593
of the first day of January of any calendar year subsequent to	7594
such two calendar years only if at least thirty days prior to such	7595
first day of January such employer has filed with the director a	7596
written notice to that effect.	7597

(B)(1) "Employment" means service performed by an individual	7598
for remuneration under any contract of hire, written or oral,	7599
express or implied, including service performed in interstate	7600
commerce and service performed by an officer of a corporation,	7601
without regard to whether such service is executive, managerial,	7602
or manual in nature, and without regard to whether such officer is	7603
a stockholder or a member of the board of directors of the	7604
corporation, unless it is shown to the satisfaction of the	7605
director that such individual has been and will continue to be	7606
free from direction or control over the performance of such	7607
service, both under a contract of service and in fact. The	7608
director shall adopt rules to define "direction or control."	7609

(2) "Employment" includes:

7610

(a) Service performed after December 31, 1977, by an	7611
individual in the employ of the state or any of its	7612
instrumentalities, or any political subdivision thereof or any of	7613
its instrumentalities or any instrumentality of more than one of	7614
the foregoing or any instrumentality of any of the foregoing and	7615
one or more other states or political subdivisions and without	7616
regard to divisions (A)(1)(a) and (b) of this section, provided	7617
that such service is excluded from employment as defined in the	7618
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	7619
3306(c)(7) and is not excluded under division (B)(3) of this	7620
section; or the services of employees covered by voluntary	7621
election, as provided under divisions (A)(4) and (5) of this	7622
section;	7623

(b) Service performed after December 31, 1971, by an	7624
individual in the employ of a religious, charitable, educational,	7625
or other organization which is excluded from the term "employment"	7626
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	7627
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	7628
3306(c)(8) of that act and is not excluded under division (B)(3)	7629
of this section;	7630

(c) Domestic service performed after December 31, 1977, for	7631
an employer, as provided in division (A)(1)(c) of this section;	7632

(d) Agricultural labor performed after December 31, 1977, for	7633
a farm operator or a crew leader, as provided in division	7634
(A)(1)(d) of this section;	7635

(e) Service not covered under division (B)(1) of this section	7636
which is performed after December 31, 1971:	7637

(i) As an agent-driver or commission-driver engaged in	7638
distributing meat products, vegetable products, fruit products,	7639
bakery products, beverages other than milk, laundry, or	7640
dry-cleaning services, for the individual's employer or principal;	7641

(ii) As a traveling or city salesperson, other than as an	7642
agent-driver or commission-driver, engaged on a full-time basis in	7643
the solicitation on behalf of and in the transmission to the	7644
salesperson's employer or principal except for sideline sales	7645
activities on behalf of some other person of orders from	7646
wholesalers, retailers, contractors, or operators of hotels,	7647
restaurants, or other similar establishments for merchandise for	7648
resale, or supplies for use in their business operations, provided	7649
that for the purposes of division (B)(2)(e)(ii) of this section,	7650
the services shall be deemed employment if the contract of service	7651
contemplates that substantially all of the services are to be	7652
performed personally by the individual and that the individual	7653
does not have a substantial investment in facilities used in	7654
connection with the performance of the services other than in	7655
facilities for transportation, and the services are not in the	7656
nature of a single transaction that is not a part of a continuing	7657
relationship with the person for whom the services are performed.	7658

(f) An individual's entire service performed within or both	7659
within and without the state if:	7660

(i) The service is localized in this state.

7661

(ii) The service is not localized in any state, but some of	7662
the service is performed in this state and either the base of	7663
operations, or if there is no base of operations then the place	7664
from which such service is directed or controlled, is in this	7665
state or the base of operations or place from which such service	7666
is directed or controlled is not in any state in which some part	7667
of the service is performed but the individual's residence is in	7668
this state.	7669

(g) Service not covered under division (B)(2)(f)(ii) of this	7670
section and performed entirely without this state, with respect to	7671
no part of which contributions are required and paid under an	7672
unemployment compensation law of any other state, the Virgin	7673
Islands, Canada, or of the United States, if the individual	7674
performing such service is a resident of this state and the	7675
director approves the election of the employer for whom such	7676
services are performed; or, if the individual is not a resident of	7677
this state but the place from which the service is directed or	7678
controlled is in this state, the entire services of such	7679
individual shall be deemed to be employment subject to this	7680
chapter, provided service is deemed to be localized within this	7681
state if the service is performed entirely within this state or if	7682
the service is performed both within and without this state but	7683
the service performed without this state is incidental to the	7684
individual's service within the state, for example, is temporary	7685
or transitory in nature or consists of isolated transactions;	7686

(h) Service of an individual who is a citizen of the United	7687
States, performed outside the United States except in Canada after	7688
December 31, 1971, or the Virgin Islands, after December 31, 1971,	7689
and before the first day of January of the year following that in	7690
which the United States secretary of labor approves the Virgin	7691
Islands law for the first time, in the employ of an American	7692
employer, other than service which is "employment" under divisions	7693
(B)(2)(f) and (g) of this section or similar provisions of another	7694
state's law, if:	7695

(i) The employer's principal place of business in the United	7696
States is located in this state;	7697

(ii) The employer has no place of business in the United	7698
States, but the employer is an individual who is a resident of	7699
this state; or the employer is a corporation which is organized	7700
under the laws of this state, or the employer is a partnership or	7701
a trust and the number of partners or trustees who are residents	7702
of this state is greater than the number who are residents of any	7703
other state; or	7704

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	7705
of this section is met but the employer has elected coverage in	7706
this state or the employer having failed to elect coverage in any	7707
state, the individual has filed a claim for benefits, based on	7708
such service, under this chapter.	7709

(i) For the purposes of division (B)(2)(h) of this section,	7710
the term "American employer" means an employer who is an	7711
individual who is a resident of the United States; or a	7712
partnership, if two-thirds or more of the partners are residents	7713
of the United States; or a trust, if all of the trustees are	7714
residents of the United States; or a corporation organized under	7715
the laws of the United States or of any state, provided the term	7716
"United States" includes the states, the District of Columbia, the	7717
Commonwealth of Puerto Rico, and the Virgin Islands.	7718

(j) Notwithstanding any other provisions of divisions (B)(1)	7719
and (2) of this section, service, except for domestic service in a	7720
private home not covered under division (A)(1)(c) of this section,	7721
with respect to which a tax is required to be paid under any	7722
federal law imposing a tax against which credit may be taken for	7723
contributions required to be paid into a state unemployment fund,	7724
or service, except for domestic service in a private home not	7725
covered under division (A)(1)(c) of this section, which, as a	7726
condition for full tax credit against the tax imposed by the	7727
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	7728
3311, is required to be covered under this chapter.	7729

(k) Construction services performed by any individual under a	7730
construction contract, as defined in section 4141.39 of the	7731
Revised Code, if the director determines that the employer for	7732
whom services are performed has the right to direct or control the	7733
performance of the services and that the individuals who perform	7734
the services receive remuneration for the services performed. The	7735
director shall presume that the employer for whom services are	7736
performed has the right to direct or control the performance of	7737
the services if ten or more of the following criteria apply:	7738

(i) The employer directs or controls the manner or method by	7739
which instructions are given to the individual performing	7740
services;	7741

(ii) The employer requires particular training for the	7742
individual performing services;	7743

(iii) Services performed by the individual are integrated	7744
into the regular functioning of the employer;	7745

(iv) The employer requires that services be provided by a	7746
particular individual;	7747

(v) The employer hires, supervises, or pays the wages of the	7748
individual performing services;	7749

(vi) A continuing relationship between the employer and the	7750
individual performing services exists which contemplates	7751
continuing or recurring work, even if not full-time work;	7752

(vii) The employer requires the individual to perform	7753
services during established hours;	7754

(viii) The employer requires that the individual performing	7755
services be devoted on a full-time basis to the business of the	7756
employer;	7757

(ix) The employer requires the individual to perform services	7758
on the employer's premises;	7759

(x) The employer requires the individual performing services	7760
to follow the order of work established by the employer;	7761

(xi) The employer requires the individual performing services	7762
to make oral or written reports of progress;	7763

(xii) The employer makes payment to the individual for	7764
services on a regular basis, such as hourly, weekly, or monthly;	7765

(xiii) The employer pays expenses for the individual	7766
performing services;	7767

(xiv) The employer furnishes the tools and materials for use	7768
by the individual to perform services;	7769

(xv) The individual performing services has not invested in	7770
the facilities used to perform services;	7771

(xvi) The individual performing services does not realize a	7772
profit or suffer a loss as a result of the performance of the	7773
services;	7774

(xvii) The individual performing services is not performing	7775
services for more than two employers simultaneously;	7776

(xviii) The individual performing services does not make the	7777
services available to the general public;	7778

(xix) The employer has a right to discharge the individual	7779
performing services;	7780

(xx) The individual performing services has the right to end	7781
the individual's relationship with the employer without incurring	7782
liability pursuant to an employment contract or agreement.	7783

(l) Service performed by an individual in the employ of an	7784
Indian tribe as defined by section 4(e) of the "Indian	7785
Self-Determination and Education Assistance Act," 88 Stat. 2204	7786
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	7787
subsidiary, or business enterprise wholly owned by an Indian tribe	7788
provided that the service is excluded from employment as defined	7789
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	7790
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	7791
(B)(3) of this section.	7792

(3) "Employment" does not include the following services if	7793
they are found not subject to the "Federal Unemployment Tax Act,"	7794
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	7795
are not required to be included under division (B)(2)(j) of this	7796
section:	7797

(a) Service performed after December 31, 1977, in	7798
agricultural labor, except as provided in division (A)(1)(d) of	7799
this section;	7800

(b) Domestic service performed after December 31, 1977, in a	7801
private home, local college club, or local chapter of a college	7802
fraternity or sorority except as provided in division (A)(1)(c) of	7803
this section;	7804

(c) Service performed after December 31, 1977, for this state	7805
or a political subdivision as described in division (B)(2)(a) of	7806
this section when performed:	7807

(i) As a publicly elected official;

7808

(ii) As a member of a legislative body, or a member of the	7809
judiciary;	7810

(iii) As a military member of the Ohio national guard;

7811

(iv) As an employee, not in the classified service as defined	7812
in section 124.11 of the Revised Code, serving on a temporary	7813
basis in case of fire, storm, snow, earthquake, flood, or similar	7814
emergency;	7815

(v) In a position which, under or pursuant to law, is	7816
designated as a major nontenured policymaking or advisory	7817
position, not in the classified service of the state, or a	7818
policymaking or advisory position the performance of the duties of	7819
which ordinarily does not require more than eight hours per week.	7820

(d) In the employ of any governmental unit or instrumentality	7821
of the United States;	7822

(e) Service performed after December 31, 1971:

7823

(i) Service in the employ of an educational institution or	7824
institution of higher education, including those operated by the	7825
state or a political subdivision, if such service is performed by	7826
a student who is enrolled and is regularly attending classes at	7827
the educational institution or institution of higher education; or	7828

(ii) By an individual who is enrolled at a nonprofit or	7829
public educational institution which normally maintains a regular	7830
faculty and curriculum and normally has a regularly organized body	7831
of students in attendance at the place where its educational	7832
activities are carried on as a student in a full-time program,	7833
taken for credit at the institution, which combines academic	7834
instruction with work experience, if the service is an integral	7835
part of the program, and the institution has so certified to the	7836
employer, provided that this subdivision shall not apply to	7837
service performed in a program established for or on behalf of an	7838
employer or group of employers;.	7839

(f) Service performed by an individual in the employ of the	7840
individual's son, daughter, or spouse and service performed by a	7841
child under the age of eighteen in the employ of the child's	7842
father or mother;	7843

(g) Service performed for one or more principals by an	7844
individual who is compensated on a commission basis, who in the	7845
performance of the work is master of the individual's own time and	7846
efforts, and whose remuneration is wholly dependent on the amount	7847
of effort the individual chooses to expend, and which service is	7848
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	7849
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	7850
31, 1971:	7851

(i) By an individual for an employer as an insurance agent or	7852
as an insurance solicitor, if all this service is performed for	7853
remuneration solely by way of commission;	7854

(ii) As a home worker performing work, according to	7855
specifications furnished by the employer for whom the services are	7856
performed, on materials or goods furnished by such employer which	7857
are required to be returned to the employer or to a person	7858
designated for that purpose.	7859

(h) Service performed after December 31, 1971:

7860

(i) In the employ of a church or convention or association of	7861
churches, or in an organization which is operated primarily for	7862
religious purposes and which is operated, supervised, controlled,	7863
or principally supported by a church or convention or association	7864
of churches;	7865

(ii) By a duly ordained, commissioned, or licensed minister	7866
of a church in the exercise of the individual's ministry or by a	7867
member of a religious order in the exercise of duties required by	7868
such order; or	7869

(iii) In a facility conducted for the purpose of carrying out	7870
a program of rehabilitation for individuals whose earning capacity	7871
is impaired by age or physical or mental deficiency or injury, or	7872
providing remunerative work for individuals who because of their	7873
impaired physical or mental capacity cannot be readily absorbed in	7874
the competitive labor market, by an individual receiving such	7875
rehabilitation or remunerative work;.	7876

(i) Service performed after June 30, 1939, with respect to	7877
which unemployment compensation is payable under the "Railroad	7878
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	7879

(j) Service performed by an individual in the employ of any	7880
organization exempt from income tax under section 501 of the	7881
"Internal Revenue Code of 1954," if the remuneration for such	7882
service does not exceed fifty dollars in any calendar quarter, or	7883
if such service is in connection with the collection of dues or	7884
premiums for a fraternal beneficial society, order, or association	7885
and is performed away from the home office or is ritualistic	7886
service in connection with any such society, order, or	7887
association;	7888

(k) Casual labor not in the course of an employer's trade or	7889
business; incidental service performed by an officer, appraiser,	7890
or member of a finance committee of a bank, building and loan	7891
association, savings and loan association, or savings association	7892
when the remuneration for such incidental service exclusive of the	7893
amount paid or allotted for directors' fees does not exceed sixty	7894
dollars per calendar quarter is casual labor;	7895

(l) Service performed in the employ of a voluntary employees'	7896
beneficial association providing for the payment of life,	7897
sickness, accident, or other benefits to the members of such	7898
association or their dependents or their designated beneficiaries,	7899
if admission to a membership in such association is limited to	7900
individuals who are officers or employees of a municipal or public	7901
corporation, of a political subdivision of the state, or of the	7902
United States and no part of the net earnings of such association	7903
inures, other than through such payments, to the benefit of any	7904
private shareholder or individual;	7905

(m) Service performed by an individual in the employ of a	7906
foreign government, including service as a consular or other	7907
officer or employee or of a nondiplomatic representative;	7908

(n) Service performed in the employ of an instrumentality	7909
wholly owned by a foreign government if the service is of a	7910
character similar to that performed in foreign countries by	7911
employees of the United States or of an instrumentality thereof	7912
and if the director finds that the secretary of state of the	7913
United States has certified to the secretary of the treasury of	7914
the United States that the foreign government, with respect to	7915
whose instrumentality exemption is claimed, grants an equivalent	7916
exemption with respect to similar service performed in the foreign	7917
country by employees of the United States and of instrumentalities	7918
thereof;	7919

(o) Service with respect to which unemployment compensation	7920
is payable under an unemployment compensation system established	7921
by an act of congress;	7922

(p) Service performed as a student nurse in the employ of a	7923
hospital or a nurses' training school by an individual who is	7924
enrolled and is regularly attending classes in a nurses' training	7925
school chartered or approved pursuant to state law, and service	7926
performed as an intern in the employ of a hospital by an	7927
individual who has completed a four years' course in a medical	7928
school chartered or approved pursuant to state law;	7929

(q) Service performed by an individual under the age of	7930
eighteen in the delivery or distribution of newspapers or shopping	7931
news, not including delivery or distribution to any point for	7932
subsequent delivery or distribution;	7933

(r) Service performed in the employ of the United States or	7934
an instrumentality of the United States immune under the	7935
Constitution of the United States from the contributions imposed	7936
by this chapter, except that to the extent that congress permits	7937
states to require any instrumentalities of the United States to	7938
make payments into an unemployment fund under a state unemployment	7939
compensation act, this chapter shall be applicable to such	7940
instrumentalities and to services performed for such	7941
instrumentalities in the same manner, to the same extent, and on	7942
the same terms as to all other employers, individuals, and	7943
services, provided that if this state is not certified for any	7944
year by the proper agency of the United States under section 3304	7945
of the "Internal Revenue Code of 1954," the payments required of	7946
such instrumentalities with respect to such year shall be refunded	7947
by the director from the fund in the same manner and within the	7948
same period as is provided in division (E) of section 4141.09 of	7949
the Revised Code with respect to contributions erroneously	7950
collected;	7951

(s) Service performed by an individual as a member of a band	7952
or orchestra, provided such service does not represent the	7953
principal occupation of such individual, and which service is not	7954
subject to or required to be covered for full tax credit against	7955
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	7956
183 (1939), 26 U.S.C.A. 3301 to 3311.	7957

(t) Service performed in the employ of a day camp whose	7958
camping season does not exceed twelve weeks in any calendar year,	7959
and which service is not subject to the "Federal Unemployment Tax	7960
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	7961
performed after December 31, 1971:	7962

(i) In the employ of a hospital, if the service is performed	7963
by a patient of the hospital, as defined in division (W) of this	7964
section;	7965

(ii) For a prison or other correctional institution by an	7966
inmate of the prison or correctional institution;	7967

(iii) Service performed after December 31, 1977, by an inmate	7968
of a custodial institution operated by the state, a political	7969
subdivision, or a nonprofit organization.	7970

(u) Service that is performed by a nonresident alien	7971
individual for the period the individual temporarily is present in	7972
the United States as a nonimmigrant under division (F), (J), (M),	7973
or (Q) of section 101(a)(15) of the "Immigration and Nationality	7974
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	7975
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	7976
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	7977

(v) Notwithstanding any other provisions of division (B)(3)	7978
of this section, services that are excluded under divisions	7979
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	7980
from employment when performed for a nonprofit organization, as	7981
defined in division (X) of this section, or for this state or its	7982
instrumentalities, or for a political subdivision or its	7983
instrumentalities or for Indian tribes;	7984

(w) Service that is performed by an individual working as an	7985
election official or election worker if the amount of remuneration	7986
received by the individual during the calendar year for services	7987
as an election official or election worker is less than one	7988
thousand dollars;	7989

(x) Service performed for an elementary or secondary school	7990
that is operated primarily for religious purposes, that is	7991
described in subsection 501(c)(3) and exempt from federal income	7992
taxation under subsection 501(a) of the Internal Revenue Code, 26	7993
U.S.C.A. 501;	7994

(y) Service performed by a person committed to a penal	7995
institution.	7996

(z) Service performed for an Indian tribe as described in	7997
division (B)(2)(l) of this section when performed in any of the	7998
following manners:	7999

(i) As a publicly elected official;

8000

(ii) As a member of an Indian tribal council;

8001

(iii) As a member of a legislative or judiciary body;

8002

(iv) In a position which, pursuant to Indian tribal law, is	8003
designated as a major nontenured policymaking or advisory	8004
position, or a policymaking or advisory position where the	8005
performance of the duties ordinarily does not require more than	8006
eight hours of time per week;	8007

(v) As an employee serving on a temporary basis in the case	8008
of a fire, storm, snow, earthquake, flood, or similar emergency.	8009

(aa) Service performed after December 31, 1971, for a	8010
nonprofit organization, this state or its instrumentalities, a	8011
political subdivision or its instrumentalities, or an Indian tribe	8012
as part of an unemployment work-relief or work-training program	8013
assisted or financed in whole or in part by any federal agency or	8014
an agency of a state or political subdivision, thereof, by an	8015
individual receiving the work-relief or work-training.	8016

(bb) Participation in a learn to earn program as defined in	8017
section 4141.293 of the Revised Code.	8018

(4) If the services performed during one half or more of any	8019
pay period by an employee for the person employing that employee	8020
constitute employment, all the services of such employee for such	8021
period shall be deemed to be employment; but if the services	8022
performed during more than one half of any such pay period by an	8023
employee for the person employing that employee do not constitute	8024
employment, then none of the services of such employee for such	8025
period shall be deemed to be employment. As used in division	8026
(B)(4) of this section, "pay period" means a period, of not more	8027
than thirty-one consecutive days, for which payment of	8028
remuneration is ordinarily made to the employee by the person	8029
employing that employee. Division (B)(4) of this section does not	8030
apply to services performed in a pay period by an employee for the	8031
person employing that employee, if any of such service is excepted	8032
by division (B)(3)(o) of this section.	8033

(C) "Benefits" means money payments payable to an individual	8034
who has established benefit rights, as provided in this chapter,	8035
for loss of remuneration due to the individual's unemployment.	8036

(D) "Benefit rights" means the weekly benefit amount and the	8037
maximum benefit amount that may become payable to an individual	8038
within the individual's benefit year as determined by the	8039
director.	8040

(E) "Claim for benefits" means a claim for waiting period or	8041
benefits for a designated week.	8042

(F) "Additional claim" means the first claim for benefits	8043
filed following any separation from employment during a benefit	8044
year; "continued claim" means any claim other than the first claim	8045
for benefits and other than an additional claim.	8046

(G)(1) "Wages" means remuneration paid to an employee by each	8047
of the employee's employers with respect to employment; except	8048
that wages shall not include that part of remuneration paid during	8049
any calendar year to an individual by an employer or such	8050
employer's predecessor in interest in the same business or	8051
enterprise, which in any calendar year is in excess of eight	8052
thousand two hundred fifty dollars on and after January 1, 1992;	8053
eight thousand five hundred dollars on and after January 1, 1993;	8054
eight thousand seven hundred fifty dollars on and after January 1,	8055
1994; and nine thousand dollars on and after January 1, 1995.	8056
Remuneration in excess of such amounts shall be deemed wages	8057
subject to contribution to the same extent that such remuneration	8058
is defined as wages under the "Federal Unemployment Tax Act," 84	8059
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	8060
remuneration paid an employee by an employer with respect to	8061
employment in another state, upon which contributions were	8062
required and paid by such employer under the unemployment	8063
compensation act of such other state, shall be included as a part	8064
of remuneration in computing the amount specified in this	8065
division.	8066

(2) Notwithstanding division (G)(1) of this section, if, as	8067
of the computation date for any calendar year, the director	8068
determines that the level of the unemployment compensation fund is	8069
sixty per cent or more below the minimum safe level as defined in	8070
section 4141.25 of the Revised Code, then, effective the first day	8071
of January of the following calendar year, wages subject to this	8072
chapter shall not include that part of remuneration paid during	8073
any calendar year to an individual by an employer or such	8074
employer's predecessor in interest in the same business or	8075
enterprise which is in excess of nine thousand dollars. The	8076
increase in the dollar amount of wages subject to this chapter	8077
under this division shall remain in effect from the date of the	8078
director's determination pursuant to division (G)(2) of this	8079
section and thereafter notwithstanding the fact that the level in	8080
the fund may subsequently become less than sixty per cent below	8081
the minimum safe level.	8082

(H)(1) "Remuneration" means all compensation for personal	8083
services, including commissions and bonuses and the cash value of	8084
all compensation in any medium other than cash, except that in the	8085
case of agricultural or domestic service, "remuneration" includes	8086
only cash remuneration. Gratuities customarily received by an	8087
individual in the course of the individual's employment from	8088
persons other than the individual's employer and which are	8089
accounted for by such individual to the individual's employer are	8090
taxable wages.	8091

The reasonable cash value of compensation paid in any medium	8092
other than cash shall be estimated and determined in accordance	8093
with rules prescribed by the director, provided that	8094
"remuneration" does not include:	8095

(a) Payments as provided in divisions (b)(2) to (b)(16) of	8096
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	8097
26 U.S.C.A. 3301 to 3311, as amended;	8098

(b) The payment by an employer, without deduction from the	8099
remuneration of the individual in the employer's employ, of the	8100
tax imposed upon an individual in the employer's employ under	8101
section 3101 of the "Internal Revenue Code of 1954," with respect	8102
to services performed after October 1, 1941.	8103

(2) "Cash remuneration" means all remuneration paid in cash,	8104
including commissions and bonuses, but not including the cash	8105
value of all compensation in any medium other than cash.	8106

(I) "Interested party" means the director and any party to	8107
whom notice of a determination of an application for benefit	8108
rights or a claim for benefits is required to be given under	8109
section 4141.28 of the Revised Code.	8110

(J) "Annual payroll" means the total amount of wages subject	8111
to contributions during a twelve-month period ending with the last	8112
day of the second calendar quarter of any calendar year.	8113

(K) "Average annual payroll" means the average of the last	8114
three annual payrolls of an employer, provided that if, as of any	8115
computation date, the employer has had less than three annual	8116
payrolls in such three-year period, such average shall be based on	8117
the annual payrolls which the employer has had as of such date.	8118

(L)(1) "Contributions" means the money payments to the state	8119
unemployment compensation fund required of employers by section	8120
4141.25 of the Revised Code and of the state and any of its	8121
political subdivisions electing to pay contributions under section	8122
4141.242 of the Revised Code. Employers paying contributions shall	8123
be described as "contributory employers."	8124

(2) "Payments in lieu of contributions" means the money	8125
payments to the state unemployment compensation fund required of	8126
reimbursing employers under sections 4141.241 and 4141.242 of the	8127
Revised Code.	8128

(M) An individual is "totally unemployed" in any week during	8129
which the individual performs no services and with respect to such	8130
week no remuneration is payable to the individual.	8131

(N) An individual is "partially unemployed" in any week if,	8132
due to involuntary loss of work, the total remuneration payable to	8133
the individual for such week is less than the individual's weekly	8134
benefit amount.	8135

(O) "Week" means the calendar week ending at midnight	8136
Saturday unless an equivalent week of seven consecutive calendar	8137
days is prescribed by the director.	8138

(1) "Qualifying week" means any calendar week in an	8139
individual's base period with respect to which the individual	8140
earns or is paid remuneration in employment subject to this	8141
chapter. A calendar week with respect to which an individual earns	8142
remuneration but for which payment was not made within the base	8143
period, when necessary to qualify for benefit rights, may be	8144
considered to be a qualifying week. The number of qualifying weeks	8145
which may be established in a calendar quarter shall not exceed	8146
the number of calendar weeks in the quarter.	8147

(2) "Average weekly wage" means the amount obtained by	8148
dividing an individual's total remuneration for all qualifying	8149
weeks during the base period by the number of such qualifying	8150
weeks, provided that if the computation results in an amount that	8151
is not a multiple of one dollar, such amount shall be rounded to	8152
the next lower multiple of one dollar.	8153

(P) "Weekly benefit amount" means the amount of benefits an	8154
individual would be entitled to receive for one week of total	8155
unemployment.	8156

(Q)(1) "Base period" means the first four of the last five	8157
completed calendar quarters immediately preceding the first day of	8158
an individual's benefit year, except as provided in division	8159
(Q)(2) of this section.	8160

(2) If an individual does not have sufficient qualifying	8161
weeks and wages in the base period to qualify for benefit rights,	8162
the individual's base period shall be the four most recently	8163
completed calendar quarters preceding the first day of the	8164
individual's benefit year. Such base period shall be known as the	8165
"alternate base period." If information as to weeks and wages for	8166
the most recent quarter of the alternate base period is not	8167
available to the director from the regular quarterly reports of	8168
wage information, which are systematically accessible, the	8169
director may, consistent with the provisions of section 4141.28 of	8170
the Revised Code, base the determination of eligibility for	8171
benefits on the affidavit of the claimant with respect to weeks	8172
and wages for that calendar quarter. The claimant shall furnish	8173
payroll documentation, where available, in support of the	8174
affidavit. The determination based upon the alternate base period	8175
as it relates to the claimant's benefit rights, shall be amended	8176
when the quarterly report of wage information from the employer is	8177
timely received and that information causes a change in the	8178
determination. As provided in division (B) of section 4141.28 of	8179
the Revised Code, any benefits paid and charged to an employer's	8180
account, based upon a claimant's affidavit, shall be adjusted	8181
effective as of the beginning of the claimant's benefit year. No	8182
calendar quarter in a base period or alternate base period shall	8183
be used to establish a subsequent benefit year.	8184

(3) The "base period" of a combined wage claim, as described	8185
in division (H) of section 4141.43 of the Revised Code, shall be	8186
the base period prescribed by the law of the state in which the	8187
claim is allowed.	8188

(4) For purposes of determining the weeks that comprise a	8189
completed calendar quarter under this division, only those weeks	8190
ending at midnight Saturday within the calendar quarter shall be	8191
utilized.	8192

(R)(1) "Benefit year" with respect to an individual means the	8193
fifty-two week period beginning with the first day of that week	8194
with respect to which the individual first files a valid	8195
application for determination of benefit rights, and thereafter	8196
the fifty-two week period beginning with the first day of that	8197
week with respect to which the individual next files a valid	8198
application for determination of benefit rights after the	8199
termination of the individual's last preceding benefit year,	8200
except that the application shall not be considered valid unless	8201
the individual has had employment in six weeks that is subject to	8202
this chapter or the unemployment compensation act of another	8203
state, or the United States, and has, since the beginning of the	8204
individual's previous benefit year, in the employment earned three	8205
times the average weekly wage determined for the previous benefit	8206
year. The "benefit year" of a combined wage claim, as described in	8207
division (H) of section 4141.43 of the Revised Code, shall be the	8208
benefit year prescribed by the law of the state in which the claim	8209
is allowed. Any application for determination of benefit rights	8210
made in accordance with section 4141.28 of the Revised Code is	8211
valid if the individual filing such application is unemployed, has	8212
been employed by an employer or employers subject to this chapter	8213
in at least twenty qualifying weeks within the individual's base	8214
period, and has earned or been paid remuneration at an average	8215
weekly wage of not less than twenty-seven and one-half per cent of	8216
the statewide average weekly wage for such weeks. For purposes of	8217
determining whether an individual has had sufficient employment	8218
since the beginning of the individual's previous benefit year to	8219
file a valid application, "employment" means the performance of	8220
services for which remuneration is payable.	8221

(2) Effective for benefit years beginning on and after	8222
December 26, 2004, any application for determination of benefit	8223
rights made in accordance with section 4141.28 of the Revised Code	8224
is valid if the individual satisfies the criteria described in	8225
division (R)(1) of this section, and if the reason for the	8226
individual's separation from employment is not disqualifying	8227
pursuant to division (D)(2) of section 4141.29 or section 4141.291	8228
of the Revised Code. A disqualification imposed pursuant to	8229
division (D)(2) of section 4141.29 or section 4141.291 of the	8230
Revised Code must be removed as provided in those sections as a	8231
requirement of establishing a valid application for benefit years	8232
beginning on and after December 26, 2004.	8233

(3) The statewide average weekly wage shall be calculated by	8234
the director once a year based on the twelve-month period ending	8235
the thirtieth day of June, as set forth in division (B)(3) of	8236
section 4141.30 of the Revised Code, rounded down to the nearest	8237
dollar. Increases or decreases in the amount of remuneration	8238
required to have been earned or paid in order for individuals to	8239
have filed valid applications shall become effective on Sunday of	8240
the calendar week in which the first day of January occurs that	8241
follows the twelve-month period ending the thirtieth day of June	8242
upon which the calculation of the statewide average weekly wage	8243
was based.	8244

(4) As used in this division, an individual is "unemployed"	8245
if, with respect to the calendar week in which such application is	8246
filed, the individual is "partially unemployed" or "totally	8247
unemployed" as defined in this section or if, prior to filing the	8248
application, the individual was separated from the individual's	8249
most recent work for any reason which terminated the individual's	8250
employee-employer relationship, or was laid off indefinitely or	8251
for a definite period of seven or more days.	8252

(S) "Calendar quarter" means the period of three consecutive	8253
calendar months ending on the thirty-first day of March, the	8254
thirtieth day of June, the thirtieth day of September, and the	8255
thirty-first day of December, or the equivalent thereof as the	8256
director prescribes by rule.	8257

(T) "Computation date" means the first day of the third	8258
calendar quarter of any calendar year.	8259

(U) "Contribution period" means the calendar year beginning	8260
on the first day of January of any year.	8261

(V) "Agricultural labor," for the purpose of this division,	8262
means any service performed prior to January 1, 1972, which was	8263
agricultural labor as defined in this division prior to that date,	8264
and service performed after December 31, 1971:	8265

(1) On a farm, in the employ of any person, in connection	8266
with cultivating the soil, or in connection with raising or	8267
harvesting any agricultural or horticultural commodity, including	8268
the raising, shearing, feeding, caring for, training, and	8269
management of livestock, bees, poultry, and fur-bearing animals	8270
and wildlife;	8271

(2) In the employ of the owner or tenant or other operator of	8272
a farm in connection with the operation, management, conservation,	8273
improvement, or maintenance of such farm and its tools and	8274
equipment, or in salvaging timber or clearing land of brush and	8275
other debris left by hurricane, if the major part of such service	8276
is performed on a farm;	8277

(3) In connection with the production or harvesting of any	8278
commodity defined as an agricultural commodity in section 15 (g)	8279
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	8280
U.S.C. 1141j, as amended, or in connection with the ginning of	8281
cotton, or in connection with the operation or maintenance of	8282
ditches, canals, reservoirs, or waterways, not owned or operated	8283
for profit, used exclusively for supplying and storing water for	8284
farming purposes;	8285

(4) In the employ of the operator of a farm in handling,	8286
planting, drying, packing, packaging, processing, freezing,	8287
grading, storing, or delivering to storage or to market or to a	8288
carrier for transportation to market, in its unmanufactured state,	8289
any agricultural or horticultural commodity, but only if the	8290
operator produced more than one half of the commodity with respect	8291
to which such service is performed;	8292

(5) In the employ of a group of operators of farms, or a	8293
cooperative organization of which the operators are members, in	8294
the performance of service described in division (V)(4) of this	8295
section, but only if the operators produced more than one-half of	8296
the commodity with respect to which the service is performed;	8297

(6) Divisions (V)(4) and (5) of this section shall not be	8298
deemed to be applicable with respect to service performed:	8299

(a) In connection with commercial canning or commercial	8300
freezing or in connection with any agricultural or horticultural	8301
commodity after its delivery to a terminal market for distribution	8302
for consumption; or	8303

(b) On a farm operated for profit if the service is not in	8304
the course of the employer's trade or business.	8305

As used in division (V) of this section, "farm" includes	8306
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	8307
plantations, ranches, nurseries, ranges, greenhouses, or other	8308
similar structures used primarily for the raising of agricultural	8309
or horticultural commodities and orchards.	8310

(W) "Hospital" means an institution which has been registered	8311
or licensed by the Ohio department of health as a hospital.	8312

(X) "Nonprofit organization" means an organization, or group	8313
of organizations, described in section 501(c)(3) of the "Internal	8314
Revenue Code of 1954," and exempt from income tax under section	8315
501(a) of that code.	8316

(Y) "Institution of higher education" means a public or	8317
nonprofit educational institution, including an educational	8318
institution operated by an Indian tribe, which:	8319

(1) Admits as regular students only individuals having a	8320
certificate of graduation from a high school, or the recognized	8321
equivalent;	8322

(2) Is legally authorized in this state or by the Indian	8323
tribe to provide a program of education beyond high school; and	8324

(3) Provides an educational program for which it awards a	8325
bachelor's or higher degree, or provides a program which is	8326
acceptable for full credit toward such a degree, a program of	8327
post-graduate or post-doctoral studies, or a program of training	8328
to prepare students for gainful employment in a recognized	8329
occupation.	8330

For the purposes of this division, all colleges and	8331
universities in this state are institutions of higher education.	8332

(Z) For the purposes of this chapter, "states" includes the	8333
District of Columbia, the Commonwealth of Puerto Rico, and the	8334
Virgin Islands.	8335

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	8336
this section, an individual who is an alien admitted to the United	8337
States to perform service in agricultural labor pursuant to	8338
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	8339
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	8340

(BB)(1) "Crew leader" means an individual who furnishes	8341
individuals to perform agricultural labor for any other employer	8342
or farm operator, and:	8343

(a) Pays, either on the individual's own behalf or on behalf	8344
of the other employer or farm operator, the individuals so	8345
furnished by the individual for the service in agricultural labor	8346
performed by them;	8347

(b) Has not entered into a written agreement with the other	8348
employer or farm operator under which the agricultural worker is	8349
designated as in the employ of the other employer or farm	8350
operator.	8351

(2) For the purposes of this chapter, any individual who is a	8352
member of a crew furnished by a crew leader to perform service in	8353
agricultural labor for any other employer or farm operator shall	8354
be treated as an employee of the crew leader if:	8355

(a) The crew leader holds a valid certificate of registration	8356
under the "Farm Labor Contractor Registration Act of 1963," 90	8357
Stat. 2668, 7 U.S.C. 2041; or	8358

(b) Substantially all the members of the crew operate or	8359
maintain tractors, mechanized harvesting or crop-dusting	8360
equipment, or any other mechanized equipment, which is provided by	8361
the crew leader; and	8362

(c) If the individual is not in the employment of the other	8363
employer or farm operator within the meaning of division (B)(1) of	8364
this section.	8365

(3) For the purposes of this division, any individual who is	8366
furnished by a crew leader to perform service in agricultural	8367
labor for any other employer or farm operator and who is not	8368
treated as in the employment of the crew leader under division	8369
(BB)(2) of this section shall be treated as the employee of the	8370
other employer or farm operator and not of the crew leader. The	8371
other employer or farm operator shall be treated as having paid	8372
cash remuneration to the individual in an amount equal to the	8373
amount of cash remuneration paid to the individual by the crew	8374
leader, either on the crew leader's own behalf or on behalf of the	8375
other employer or farm operator, for the service in agricultural	8376
labor performed for the other employer or farm operator.	8377

(CC) "Educational institution" means an institution other	8378
than an institution of higher education as defined in division (Y)	8379
of this section, including an educational institution operated by	8380
an Indian tribe, which:	8381

(1) Offers participants, trainees, or students an organized	8382
course of study or training designed to transfer to them	8383
knowledge, skills, information, doctrines, attitudes, or abilities	8384
from, by, or under the guidance of an instructor or teacher; and	8385

(2) Is approved, chartered, or issued a permit to operate as	8386
a school by the state board of education, other government agency,	8387
or Indian tribe that is authorized within the state to approve,	8388
charter, or issue a permit for the operation of a school.	8389

For the purposes of this division, the courses of study or	8390
training which the institution offers may be academic, technical,	8391
trade, or preparation for gainful employment in a recognized	8392
occupation.	8393

(DD) "Cost savings day" means any unpaid day off from work in	8394
which employees continue to accrue employee benefits which have a	8395
determinable value including, but not limited to, vacation,	8396
pension contribution, sick time, and life and health insurance.	8397

Sec. 4141.29. Each eligible individual shall receive	8398
benefits as compensation for loss of remuneration due to	8399
involuntary total or partial unemployment in the amounts and	8400
subject to the conditions stipulated in this chapter.	8401

(A) No individual is entitled to a waiting period or benefits	8402
for any week unless the individual:	8403

(1) Has filed a valid application for determination of	8404
benefit rights in accordance with section 4141.28 of the Revised	8405
Code;	8406

(2) Has made a claim for benefits in accordance with section	8407
4141.28 of the Revised Code;	8408

(3) Has registered at an employment office or other	8409
registration place maintained or designated by the director of job	8410
and family services. Registration shall be made in accordance with	8411
the time limits, frequency, and manner prescribed by the director.	8412

(4)(a)(i) Is able to work and available for suitable work	8413
and, except as provided in division (A)(4)(a)(ii) of this section,	8414
is actively seeking suitable work either in a locality in which	8415
the individual has earned wages subject to this chapter during the	8416
individual's base period, or if the individual leaves that	8417
locality, then in a locality where suitable work normally is	8418
performed.	8419

(ii) The director may waive the requirement that a claimant	8420
be actively seeking work when the director finds that the	8421
individual has been laid off and the employer who laid the	8422
individual off has notified the director within ten days after the	8423
layoff, that work is expected to be available for the individual	8424
within a specified number of days not to exceed forty-five	8425
calendar days following the last day the individual worked. In the	8426
event the individual is not recalled within the specified period,	8427
this waiver shall cease to be operative with respect to that	8428
layoff.	8429

(b) The individual shall be instructed as to the efforts that	8430
the individual must make in the search for suitable work, except	8431
where the active search for work requirement has been waived under	8432
division (A)(4)(a) of this section, and shall keep a record of	8433
where and when the individual has sought work in complying with	8434
those instructions and, upon request, shall produce that record	8435
for examination by the director.	8436

(c) An individual who is attending a training course approved	8437
by the director meets the requirement of this division, if	8438
attendance was recommended by the director and the individual is	8439
regularly attending the course and is making satisfactory	8440
progress. An individual also meets the requirements of this	8441
division if the individual is participating and advancing in a	8442
training program, as defined in division (P) of section 5709.61 of	8443
the Revised Code, and if an enterprise, defined in division (B) of	8444
section 5709.61 of the Revised Code, is paying all or part of the	8445
cost of the individual's participation in the training program	8446
with the intention of hiring the individual for employment as a	8447
new employee, as defined in division (L) of section 5709.61 of the	8448
Revised Code, for at least ninety days after the individual's	8449
completion of the training program.	8450

(d) An individual who becomes unemployed while attending a	8451
regularly established school and whose base period qualifying	8452
weeks were earned in whole or in part while attending that school,	8453
meets the availability and active search for work requirements of	8454
division (A)(4)(a) of this section if the individual regularly	8455
attends the school during weeks with respect to which the	8456
individual claims unemployment benefits and makes self available	8457
on any shift of hours for suitable employment with the	8458
individual's most recent employer or any other employer in the	8459
individual's base period, or for any other suitable employment to	8460
which the individual is directed, under this chapter.	8461

(e) The director shall adopt any rules that the director	8462
deems necessary for the administration of division (A)(4) of this	8463
section.	8464

(f) Notwithstanding any other provisions of this section, no	8465
otherwise eligible individual shall be denied benefits for any	8466
week because the individual is in training approved under section	8467
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	8468
2296, nor shall that individual be denied benefits by reason of	8469
leaving work to enter such training, provided the work left is not	8470
suitable employment, or because of the application to any week in	8471
training of provisions in this chapter, or any applicable federal	8472
unemployment compensation law, relating to availability for work,	8473
active search for work, or refusal to accept work.	8474

For the purposes of division (A)(4)(f) of this section,	8475
"suitable employment" means with respect to an individual, work of	8476
a substantially equal or higher skill level than the individual's	8477
past adversely affected employment, as defined for the purposes of	8478
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	8479
wages for such work at not less than eighty per cent of the	8480
individual's average weekly wage as determined for the purposes of	8481
that federal act.	8482

(5) Is unable to obtain suitable work. An individual who is	8483
provided temporary work assignments by the individual's employer	8484
under agreed terms and conditions of employment, and who is	8485
required pursuant to those terms and conditions to inquire with	8486
the individual's employer for available work assignments upon the	8487
conclusion of each work assignment, is not considered unable to	8488
obtain suitable employment if suitable work assignments are	8489
available with the employer but the individual fails to contact	8490
the employer to inquire about work assignments.	8491

(6) Participates in reemployment services, such as job search	8492
assistance services, if the individual has been determined to be	8493
likely to exhaust benefits under this chapter, including	8494
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	8495
extended compensation, and needs reemployment services pursuant to	8496
the profiling system established by the director under division	8497
(K) of this section, unless the director determines that:	8498

(a) The individual has completed such services; or

8499

(b) There is justifiable cause for the claimant's failure to	8500
participate in such services.	8501

(B) An individual suffering total or partial unemployment is	8502
eligible for benefits for unemployment occurring subsequent to a	8503
waiting period of one week and no benefits shall be payable during	8504
this required waiting period. Not more than one week of waiting	8505
period shall be required of any individual in any benefit year in	8506
order to establish the individual's eligibility for total or	8507
partial unemployment benefits.	8508

(C) The waiting period for total or partial unemployment	8509
shall commence on the first day of the first week with respect to	8510
which the individual first files a claim for benefits at an	8511
employment office or other place of registration maintained or	8512
designated by the director or on the first day of the first week	8513
with respect to which the individual has otherwise filed a claim	8514
for benefits in accordance with the rules of the department of job	8515
and family services, provided such claim is allowed by the	8516
director.	8517

(D) Notwithstanding division (A) of this section, no	8518
individual may serve a waiting period or be paid benefits under	8519
the following conditions:	8520

(1) For any week with respect to which the director finds	8521
that:	8522

(a) The individual's unemployment was due to a labor dispute	8523
other than a lockout at any factory, establishment, or other	8524
premises located in this or any other state and owned or operated	8525
by the employer by which the individual is or was last employed;	8526
and for so long as the individual's unemployment is due to such	8527
labor dispute. No individual shall be disqualified under this	8528
provision if either of the following applies:	8529

(i) The individual's employment was with such employer at any	8530
factory, establishment, or premises located in this state, owned	8531
or operated by such employer, other than the factory,	8532
establishment, or premises at which the labor dispute exists, if	8533
it is shown that the individual is not financing, participating	8534
in, or directly interested in such labor dispute;	8535

(ii) The individual's employment was with an employer not	8536
involved in the labor dispute but whose place of business was	8537
located within the same premises as the employer engaged in the	8538
dispute, unless the individual's employer is a wholly owned	8539
subsidiary of the employer engaged in the dispute, or unless the	8540
individual actively participates in or voluntarily stops work	8541
because of such dispute. If it is established that the claimant	8542
was laid off for an indefinite period and not recalled to work	8543
prior to the dispute, or was separated by the employer prior to	8544
the dispute for reasons other than the labor dispute, or that the	8545
individual obtained a bona fide job with another employer while	8546
the dispute was still in progress, such labor dispute shall not	8547
render the employee ineligible for benefits.	8548

(b) The individual has been given a disciplinary layoff for	8549
misconduct in connection with the individual's work.	8550

(2) For the duration of the individual's unemployment if the	8551
director finds that:	8552

(a) The individual quit work without just cause or has been	8553
discharged for just cause in connection with the individual's	8554
work, provided division (D)(2) of this section does not apply to	8555
the separation of a person under any of the following	8556
circumstances:	8557

(i) Separation from employment for the purpose of entering	8558
the armed forces of the United States if the individual is	8559
inducted into the armed forces within one of the following	8560
periods:	8561

(I) Thirty days after separation;

8562

(II) One hundred eighty days after separation if the	8563
individual's date of induction is delayed solely at the discretion	8564
of the armed forces.	8565

(ii) Separation from employment pursuant to a	8566
labor-management contract or agreement, or pursuant to an	8567
established employer plan, program, or policy, which permits the	8568
employee, because of lack of work, to accept a separation from	8569
employment;	8570

(iii) The individual has left employment to accept a recall	8571
from a prior employer or, except as provided in division	8572
(D)(2)(a)(iv) of this section, to accept other employment as	8573
provided under section 4141.291 of the Revised Code, or left or	8574
was separated from employment that was concurrent employment at	8575
the time of the most recent separation or within six weeks prior	8576
to the most recent separation where the remuneration, hours, or	8577
other conditions of such concurrent employment were substantially	8578
less favorable than the individual's most recent employment and	8579
where such employment, if offered as new work, would be considered	8580
not suitable under the provisions of divisions (E) and (F) of this	8581
section. Any benefits that would otherwise be chargeable to the	8582
account of the employer from whom an individual has left	8583
employment or was separated from employment that was concurrent	8584
employment under conditions described in division (D)(2)(a)(iii)	8585
of this section, shall instead be charged to the mutualized	8586
account created by division (B) of section 4141.25 of the Revised	8587
Code, except that any benefits chargeable to the account of a	8588
reimbursing employer under division (D)(2)(a)(iii) of this section	8589
shall be charged to the account of the reimbursing employer and	8590
not to the mutualized account, except as provided in division	8591
(D)(2) of section 4141.24 of the Revised Code.	8592

(iv) When an individual has been issued a definite layoff	8593
date by the individual's employer and before the layoff date, the	8594
individual quits to accept other employment, the provisions of	8595
division (D)(2)(a)(iii) of this section apply and no	8596
disqualification shall be imposed under division (D) of this	8597
section. However, if the individual fails to meet the employment	8598
and earnings requirements of division (A)(2) of section 4141.291	8599
of the Revised Code, then the individual, pursuant to division	8600
(A)(5) of this section, shall be ineligible for benefits for any	8601
week of unemployment that occurs prior to the layoff date.	8602

(b) The individual has refused without good cause to accept	8603
an offer of suitable work when made by an employer either in	8604
person or to the individual's last known address, or has refused	8605
or failed to investigate a referral to suitable work when directed	8606
to do so by a local employment office of this state or another	8607
state, provided that this division shall not cause a	8608
disqualification for a waiting week or benefits under the	8609
following circumstances:	8610

(i) When work is offered by the individual's employer and the	8611
individual is not required to accept the offer pursuant to the	8612
terms of the labor-management contract or agreement; or	8613

(ii) When the individual is attending a training course	8614
pursuant to division (A)(4) of this section except, in the event	8615
of a refusal to accept an offer of suitable work or a refusal or	8616
failure to investigate a referral, benefits thereafter paid to	8617
such individual shall not be charged to the account of any	8618
employer and, except as provided in division (B)(1)(b) of section	8619
4141.241 of the Revised Code, shall be charged to the mutualized	8620
account as provided in division (B) of section 4141.25 of the	8621
Revised Code.	8622

(c) Such individual quit work to marry or because of marital,	8623
parental, filial, or other domestic obligations.	8624

(d) The individual became unemployed by reason of commitment	8625
to any correctional institution.	8626

(e) The individual became unemployed because of dishonesty in	8627
connection with the individual's most recent or any base period	8628
work. Remuneration earned in such work shall be excluded from the	8629
individual's total base period remuneration and qualifying weeks	8630
that otherwise would be credited to the individual for such work	8631
in the individual's base period shall not be credited for the	8632
purpose of determining the total benefits to which the individual	8633
is eligible and the weekly benefit amount to be paid under section	8634
4141.30 of the Revised Code. Such excluded remuneration and	8635
noncredited qualifying weeks shall be excluded from the	8636
calculation of the maximum amount to be charged, under division	8637
(D) of section 4141.24 and section 4141.33 of the Revised Code,	8638
against the accounts of the individual's base period employers. In	8639
addition, no benefits shall thereafter be paid to the individual	8640
based upon such excluded remuneration or noncredited qualifying	8641
weeks.	8642

For purposes of division (D)(2)(e) of this section,	8643
"dishonesty" means the commission of substantive theft, fraud, or	8644
deceitful acts.	8645

(E) No individual otherwise qualified to receive benefits	8646
shall lose the right to benefits by reason of a refusal to accept	8647
new work if:	8648

(1) As a condition of being so employed the individual would	8649
be required to join a company union, or to resign from or refrain	8650
from joining any bona fide labor organization, or would be denied	8651
the right to retain membership in and observe the lawful rules of	8652
any such organization.	8653

(2) The position offered is vacant due directly to a strike,	8654
lockout, or other labor dispute.	8655

(3) The work is at an unreasonable distance from the	8656
individual's residence, having regard to the character of the work	8657
the individual has been accustomed to do, and travel to the place	8658
of work involves expenses substantially greater than that required	8659
for the individual's former work, unless the expense is provided	8660
for.	8661

(4) The remuneration, hours, or other conditions of the work	8662
offered are substantially less favorable to the individual than	8663
those prevailing for similar work in the locality.	8664

(F) Subject to the special exceptions contained in division	8665
(A)(4)(f) of this section and section 4141.301 of the Revised	8666
Code, in determining whether any work is suitable for a claimant	8667
in the administration of this chapter, the director, in addition	8668
to the determination required under division (E) of this section,	8669
shall consider the degree of risk to the claimant's health,	8670
safety, and morals, the individual's physical fitness for the	8671
work, the individual's prior training and experience, the length	8672
of the individual's unemployment, the distance of the available	8673
work from the individual's residence, and the individual's	8674
prospects for obtaining local work.	8675

(G) The "duration of unemployment" as used in this section	8676
means the full period of unemployment next ensuing after a	8677
separation from any base period or subsequent work and until an	8678
individual has become reemployed in employment subject to this	8679
chapter, or the unemployment compensation act of another state, or	8680
of the United States, and until such individual has worked six	8681
weeks and for those weeks has earned or been paid remuneration	8682
equal to six times an average weekly wage of not less than:	8683
eighty-five dollars and ten cents per week beginning on June 26,	8684
1990; and beginning on and after January 1, 1992, twenty-seven and	8685
one-half per cent of the statewide average weekly wage as computed	8686
each first day of January under division (B)(3) of section 4141.30	8687
of the Revised Code, rounded down to the nearest dollar, except	8688
for purposes of division (D)(2)(c) of this section, such term	8689
means the full period of unemployment next ensuing after a	8690
separation from such work and until such individual has become	8691
reemployed subject to the terms set forth above, and has earned	8692
wages equal to one-half of the individual's average weekly wage or	8693
sixty dollars, whichever is less.	8694

(H) If a claimant is disqualified under division (D)(2)(a),	8695
(c), or (d) of this section or found to be qualified under the	8696
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	8697
this section or division (A)(2) of section 4141.291 of the Revised	8698
Code, then benefits that may become payable to such claimant,	8699
which are chargeable to the account of the employer from whom the	8700
individual was separated under such conditions, shall be charged	8701
to the mutualized account provided in section 4141.25 of the	8702
Revised Code, provided that no charge shall be made to the	8703
mutualized account for benefits chargeable to a reimbursing	8704
employer, except as provided in division (D)(2) of section 4141.24	8705
of the Revised Code. In the case of a reimbursing employer, the	8706
director shall refund or credit to the account of the reimbursing	8707
employer any over-paid benefits that are recovered under division	8708
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	8709
other states, the United States, or Canada that are subject to	8710
agreements and arrangements that are established pursuant to	8711
section 4141.43 of the Revised Code shall be credited or	8712
reimbursed according to the agreements and arrangements to which	8713
the chargeable amounts are subject.	8714

(I)(1) Benefits based on service in employment as provided in	8715
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	8716
shall be payable in the same amount, on the same terms, and	8717
subject to the same conditions as benefits payable on the basis of	8718
other service subject to this chapter; except that after December	8719
31, 1977:	8720

(a) Benefits based on service in an instructional, research,	8721
or principal administrative capacity in an institution of higher	8722
education, as defined in division (Y) of section 4141.01 of the	8723
Revised Code; or for an educational institution as defined in	8724
division (CC) of section 4141.01 of the Revised Code, shall not be	8725
paid to any individual for any week of unemployment that begins	8726
during the period between two successive academic years or terms,	8727
or during a similar period between two regular but not successive	8728
terms or during a period of paid sabbatical leave provided for in	8729
the individual's contract, if the individual performs such	8730
services in the first of those academic years or terms and has a	8731
contract or a reasonable assurance that the individual will	8732
perform services in any such capacity for any such institution in	8733
the second of those academic years or terms.	8734

(b) Benefits based on service for an educational institution	8735
or an institution of higher education in other than an	8736
instructional, research, or principal administrative capacity,	8737
shall not be paid to any individual for any week of unemployment	8738
which begins during the period between two successive academic	8739
years or terms of the employing educational institution or	8740
institution of higher education, provided the individual performed	8741
those services for the educational institution or institution of	8742
higher education during the first such academic year or term and,	8743
there is a reasonable assurance that such individual will perform	8744
those services for any educational institution or institution of	8745
higher education in the second of such academic years or terms.	8746

If compensation is denied to any individual for any week	8747
under division (I)(1)(b) of this section and the individual was	8748
not offered an opportunity to perform those services for an	8749
institution of higher education or for an educational institution	8750
for the second of such academic years or terms, the individual is	8751
entitled to a retroactive payment of compensation for each week	8752
for which the individual timely filed a claim for compensation and	8753
for which compensation was denied solely by reason of division	8754
(I)(1)(b) of this section. An application for retroactive benefits	8755
shall be timely filed if received by the director or the	8756
director's deputy within or prior to the end of the fourth full	8757
calendar week after the end of the period for which benefits were	8758
denied because of reasonable assurance of employment. The	8759
provision for the payment of retroactive benefits under division	8760
(I)(1)(b) of this section is applicable to weeks of unemployment	8761
beginning on and after November 18, 1983. The provisions under	8762
division (I)(1)(b) of this section shall be retroactive to	8763
September 5, 1982, only if, as a condition for full tax credit	8764
against the tax imposed by the "Federal Unemployment Tax Act," 53	8765
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	8766
secretary of labor determines that retroactivity is required by	8767
federal law.	8768

(c) With respect to weeks of unemployment beginning after	8769
December 31, 1977, benefits shall be denied to any individual for	8770
any week which commences during an established and customary	8771
vacation period or holiday recess, if the individual performs any	8772
services described in divisions (I)(1)(a) and (b) of this section	8773
in the period immediately before the vacation period or holiday	8774
recess, and there is a reasonable assurance that the individual	8775
will perform any such services in the period immediately following	8776
the vacation period or holiday recess.	8777

(d) With respect to any services described in division	8778
(I)(1)(a), (b), or (c) of this section, benefits payable on the	8779
basis of services in any such capacity shall be denied as	8780
specified in division (I)(1)(a), (b), or (c) of this section to	8781
any individual who performs such services in an educational	8782
institution or institution of higher education while in the employ	8783
of an educational service agency. For this purpose, the term	8784
"educational service agency" means a governmental agency or	8785
governmental entity that is established and operated exclusively	8786
for the purpose of providing services to one or more educational	8787
institutions or one or more institutions of higher education.	8788

(e) Any individual employed by ~~a public school district or~~ a	8789
county board of developmental disabilities shall be notified by	8790
the thirtieth day of April each year if the individual is not to	8791
be reemployed the following academic year.	8792

(f) Any individual employed by a school district shall be	8793
notified by the first day of June each year if the individual is	8794
not to be reemployed the following academic year.	8795

(2) No disqualification will be imposed, between academic	8796
years or terms or during a vacation period or holiday recess under	8797
this division, unless the director or the director's deputy has	8798
received a statement in writing from the educational institution	8799
or institution of higher education that the claimant has a	8800
contract for, or a reasonable assurance of, reemployment for the	8801
ensuing academic year or term.	8802

(3) If an individual has employment with an educational	8803
institution or an institution of higher education and employment	8804
with a noneducational employer, during the base period of the	8805
individual's benefit year, then the individual may become eligible	8806
for benefits during the between-term, or vacation or holiday	8807
recess, disqualification period, based on employment performed for	8808
the noneducational employer, provided that the employment is	8809
sufficient to qualify the individual for benefit rights separately	8810
from the benefit rights based on school employment. The weekly	8811
benefit amount and maximum benefits payable during a	8812
disqualification period shall be computed based solely on the	8813
nonschool employment.	8814

(J) Benefits shall not be paid on the basis of employment	8815
performed by an alien, unless the alien had been lawfully admitted	8816
to the United States for permanent residence at the time the	8817
services were performed, was lawfully present for purposes of	8818
performing the services, or was otherwise permanently residing in	8819
the United States under color of law at the time the services were	8820
performed, under section 212(d)(5) of the "Immigration and	8821
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	8822

(1) Any data or information required of individuals applying	8823
for benefits to determine whether benefits are not payable to them	8824
because of their alien status shall be uniformly required from all	8825
applicants for benefits.	8826

(2) In the case of an individual whose application for	8827
benefits would otherwise be approved, no determination that	8828
benefits to the individual are not payable because of the	8829
individual's alien status shall be made except upon a	8830
preponderance of the evidence that the individual had not, in	8831
fact, been lawfully admitted to the United States.	8832

(K) The director shall establish and utilize a system of	8833
profiling all new claimants under this chapter that:	8834

(1) Identifies which claimants will be likely to exhaust	8835
regular compensation and will need job search assistance services	8836
to make a successful transition to new employment;	8837

(2) Refers claimants identified pursuant to division (K)(1)	8838
of this section to reemployment services, such as job search	8839
assistance services, available under any state or federal law;	8840

(3) Collects follow-up information relating to the services	8841
received by such claimants and the employment outcomes for such	8842
claimant's subsequent to receiving such services and utilizes such	8843
information in making identifications pursuant to division (K)(1)	8844
of this section; and	8845

(4) Meets such other requirements as the United States	8846
secretary of labor determines are appropriate.	8847

Sec. 4141.293. (A) As used in this section, "learn to earn	8848
program" means any program established by the department of job	8849
and family services that offers a structured, supervised training	8850
opportunity to an eligible unemployment compensation claimant with	8851
a designated worksite training provider.	8852

(B) Participation in a learn to earn program is voluntary.

8853

(C) If a learn to earn program participant is otherwise	8854
eligible for unemployment compensation benefits, the participant	8855
shall continue to receive unemployment compensation benefits	8856
pursuant to this chapter during participation in the program.	8857

(D) A participant in a learn to earn program shall be	8858
registered at an employment office or other registration place	8859
maintained or designated by the director of job and family	8860
services according to the procedure set forth in division (A)(3)	8861
of section 4141.29 of the Revised Code.	8862

(E) A learn to earn program participant may participate in a	8863
learn to earn program for a period not to exceed twenty-four hours	8864
a week for a maximum of six weeks.	8865

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	8866
Code do not prevent the following:	8867

(A) The storage of intoxicating liquor in bonded warehouses,	8868
established in accordance with the acts of congress and under the	8869
regulation of the United States, located in this state, or the	8870
transportation of intoxicating liquor to or from bonded warehouses	8871
of the United States wherever located;	8872

(B) A bona fide resident of this state who is the owner of a	8873
warehouse receipt from obtaining or transporting to the resident's	8874
residence for the resident's own consumption and not for resale	8875
spirituous liquor stored in a government bonded warehouse in this	8876
state or in another state prior to December 1933, subject to such	8877
terms as are prescribed by the division of liquor control;	8878

(C) The manufacture of cider from fruit for the purpose of	8879
making vinegar, and nonintoxicating cider and fruit juices for use	8880
and sale;	8881

(D) A licensed physician or dentist from administering or	8882
dispensing intoxicating liquor or alcohol to a patient in good	8883
faith in the actual course of the practice of the physician's or	8884
dentist's profession;	8885

(E) The sale of alcohol to physicians, dentists, druggists,	8886
veterinary surgeons, manufacturers, hospitals, infirmaries, or	8887
medical or educational institutions using the alcohol for	8888
medicinal, mechanical, chemical, or scientific purposes;	8889

(F) The sale, gift, or keeping for sale by druggists and	8890
others of any of the medicinal preparations manufactured in	8891
accordance with the formulas prescribed by the United States	8892
Pharmacopoeia and National Formulary, patent or proprietary	8893
preparations, and other bona fide medicinal and technical	8894
preparations, which contain no more alcohol than is necessary to	8895
hold the medicinal agents in solution and to preserve the same,	8896
which are manufactured and sold as medicine and not as beverages,	8897
are unfit for use for beverage purposes, and the sale of which	8898
does not require the payment of a United States liquor dealer's	8899
tax;	8900

(G) The manufacture and sale of tinctures or of toilet,	8901
medicinal, and antiseptic preparations and solutions not intended	8902
for internal human use nor to be sold as beverages, and which are	8903
unfit for beverage purposes, if upon the outside of each bottle,	8904
box, or package of which there is printed in the English language,	8905
conspicuously and legibly, the quantity by volume of alcohol in	8906
the preparation or solution;	8907

(H) The manufacture and keeping for sale of the food products	8908
known as flavoring extracts when manufactured and sold for	8909
cooking, culinary, or flavoring purposes, and which are unfit for	8910
use for beverage purposes;	8911

(I) The lawful sale of wood alcohol or of ethyl alcohol for	8912
external use when combined with other substances as to make it	8913
unfit for internal use;	8914

(J) The manufacture, sale, and transport of ethanol or ethyl	8915
alcohol for use as fuel. As used in this division, "ethanol" has	8916
the same meaning as in section 5733.46 of the Revised Code.	8917

(K) The purchase and importation into this state or the	8918
purchase at wholesale from A or B permit holders in this state of	8919
beer and intoxicating liquor for use in manufacturing processes of	8920
nonbeverage food products under terms prescribed by the division,	8921
provided that the terms prescribed by the division shall not	8922
increase the cost of the beer or intoxicating liquor to any	8923
person, firm, or corporation purchasing and importing it into this	8924
state or purchasing it from an A or B permit holder for that use;	8925

(L) Any resident of this state or any member of the armed	8926
forces of the United States, who has attained the age of	8927
twenty-one years, from bringing into this state, for personal use	8928
and not for resale, not more than one liter of spirituous liquor,	8929
four and one-half liters of wine, or two hundred eighty-eight	8930
ounces of beer in any thirty-day period, and the same is free of	8931
any tax consent fee when the resident or member of the armed	8932
forces physically possesses and accompanies the spirituous liquor,	8933
wine, or beer on returning from a foreign country, another state,	8934
or an insular possession of the United States;	8935

(M) Persons, at least twenty-one years of age, who collect	8936
ceramic commemorative bottles containing spirituous liquor that	8937
have unbroken federal tax stamps on them from selling or trading	8938
the bottles to other collectors. The bottles shall originally have	8939
been purchased at retail from the division, legally imported under	8940
division (L) of this section, or legally imported pursuant to a	8941
supplier registration issued by the division. The sales shall be	8942
for the purpose of exchanging a ceramic commemorative bottle	8943
between private collectors and shall not be for the purpose of	8944
selling the spirituous liquor for personal consumption. The sale	8945
or exchange authorized by this division shall not occur on the	8946
premises of any permit holder, shall not be made in connection	8947
with the business of any permit holder, and shall not be made in	8948
connection with any mercantile business.	8949

(N) The sale of beer or intoxicating liquor without a liquor	8950
permit at a private residence, not more than five times per	8951
calendar year at a residence address, at an event that has the	8952
following characteristics:	8953

(1) The event is for a charitable, benevolent, or political	8954
purpose, but shall not include any event the proceeds of which are	8955
for the profit or gain of any individual;	8956

(2) The event has in attendance not more than fifty people;

8957

(3) The event shall be for a period not to exceed twelve	8958
hours;	8959

(4) The sale of beer and intoxicating liquor at the event	8960
shall not take place between two-thirty a.m. and five-thirty a.m.;	8961

(5) No person under twenty-one years of age shall purchase or	8962
consume beer or intoxicating liquor at the event and no beer or	8963
intoxicating liquor shall be sold to any person under twenty-one	8964
years of age at the event; and	8965

(6) No person at the event shall sell or furnish beer or	8966
intoxicating liquor to an intoxicated person.	8967

(O) The possession or consumption of beer or intoxicating	8968
liquor by a person who is under twenty-one years of age and who is	8969
a student at an accredited college or university, provided that	8970
both of the following apply:	8971

(1) The person is required to taste and expectorate the beer	8972
or intoxicating liquor for a culinary, food service, or	8973
hospitality course.	8974

(2) The person is under the direct supervision of the	8975
instructor of the culinary, food service, or hospitality course.	8976

Sec. 5104.01. As used in this chapter:

8977

(A) "Administrator" means the person responsible for the	8978
daily operation of a center or type A home. The administrator and	8979
the owner may be the same person.	8980

(B) "Approved child day camp" means a child day camp approved	8981
pursuant to section 5104.22 of the Revised Code.	8982

(C) "Authorized provider" means a person authorized by a	8983
county director of job and family services to operate a certified	8984
type B family day-care home.	8985

(D) "Border state child care provider" means a child care	8986
provider that is located in a state bordering Ohio and that is	8987
licensed, certified, or otherwise approved by that state to	8988
provide child care.	8989

(E) "Career pathways model" means an alternative pathway to	8990
meeting the requirements ~~for~~to be a child-care staff member or	8991
administrator that ~~uses one~~does both of the following:	8992

(1) Uses a framework approved by the director of job and	8993
family services to ~~integrate the pathways of~~document formal	8994
education, training, experience, and specialized credentials, and	8995
certifications~~, and that allows~~;	8996

(2) Allows the child-care staff member or administrator to	8997
achieve a designation as an early childhood professional level	8998
one, two, three, four, five, or six.	8999

(F) "Caretaker parent" means the father or mother of a child	9000
whose presence in the home is needed as the caretaker of the	9001
child, a person who has legal custody of a child and whose	9002
presence in the home is needed as the caretaker of the child, a	9003
guardian of a child whose presence in the home is needed as the	9004
caretaker of the child, and any other person who stands in loco	9005
parentis with respect to the child and whose presence in the home	9006
is needed as the caretaker of the child.	9007

(G) "Certified type B family day-care home" and "certified	9008
type B home" mean a type B family day-care home that is certified	9009
by the director of the county department of job and family	9010
services pursuant to section 5104.11 of the Revised Code to	9011
receive public funds for providing child care pursuant to this	9012
chapter and any rules adopted under it.	9013

(H) "Chartered nonpublic school" means a school that meets	9014
standards for nonpublic schools prescribed by the state board of	9015
education for nonpublic schools pursuant to section 3301.07 of the	9016
Revised Code.	9017

(I) "Child" includes an infant, toddler, ~~preschool~~	9018
preschool-age child, or ~~school~~school-age child.	9019

(J) "Child care block grant act" means the "Child Care and	9020
Development Block Grant Act of 1990," established in section 5082	9021
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	9022
1388-236 (1990), 42 U.S.C. 9858, as amended.	9023

(K) "Child day camp" means a program in which only ~~school~~	9024
school-age children attend or participate, that operates for no	9025
more than seven hours per day, that operates only during one or	9026
more public school district's regular vacation periods or for no	9027
more than fifteen weeks during the summer, and that operates	9028
outdoor activities for each child who attends or participates in	9029
the program for a minimum of fifty per cent of each day that	9030
children attend or participate in the program, except for any day	9031
when hazardous weather conditions prevent the program from	9032
operating outdoor activities for a minimum of fifty per cent of	9033
that day. For purposes of this division, the maximum seven hours	9034
of operation time does not include transportation time from a	9035
child's home to a child day camp and from a child day camp to a	9036
child's home.	9037

(L) "Child care" means administering to the needs of infants,	9038
toddlers, ~~preschool~~preschool-age children, and ~~school~~school-age	9039
children outside of school hours by persons other than their	9040
parents or guardians, custodians, or relatives by blood, marriage,	9041
or adoption for any part of the twenty-four-hour day in a place or	9042
residence other than a child's own home.	9043

(M) "Child day-care center" and "center" mean any place in	9044
which child care or publicly funded child care is provided for	9045
thirteen or more children at one time or any place that is not the	9046
permanent residence of the licensee or administrator in which	9047
child care or publicly funded child care is provided for seven to	9048
twelve children at one time. In counting children for the purposes	9049
of this division, any children under six years of age who are	9050
related to a licensee, administrator, or employee and who are on	9051
the premises of the center shall be counted. "Child day-care	9052
center" and "center" do not include any of the following:	9053

(1) A place located in and operated by a hospital, as defined	9054
in section 3727.01 of the Revised Code, in which the needs of	9055
children are administered to, if all the children whose needs are	9056
being administered to are monitored under the on-site supervision	9057
of a physician licensed under Chapter 4731. of the Revised Code or	9058
a registered nurse licensed under Chapter 4723. of the Revised	9059
Code, and the services are provided only for children who, in the	9060
opinion of the child's parent, guardian, or custodian, are	9061
exhibiting symptoms of a communicable disease or other illness or	9062
are injured;	9063

(2) A child day camp;

9064

(3) A place that provides child care, but not publicly funded	9065
child care, if all of the following apply:	9066

(a) An organized religious body provides the child care;

9067

(b) A parent, custodian, or guardian of at least one child	9068
receiving child care is on the premises and readily accessible at	9069
all times;	9070

(c) The child care is not provided for more than thirty days	9071
a year;	9072

(d) The child care is provided only for ~~preschool~~	9073
preschool-age and ~~school~~school-age children.	9074

(N) "Child care resource and referral service organization"	9075
means a community-based nonprofit organization that provides child	9076
care resource and referral services but not child care.	9077

(O) "Child care resource and referral services" means all of	9078
the following services:	9079

(1) Maintenance of a uniform data base of all child care	9080
providers in the community that are in compliance with this	9081
chapter, including current occupancy and vacancy data;	9082

(2) Provision of individualized consumer education to	9083
families seeking child care;	9084

(3) Provision of timely referrals of available child care	9085
providers to families seeking child care;	9086

(4) Recruitment of child care providers;

9087

(5) Assistance in the development, conduct, and dissemination	9088
of training for child care providers and provision of technical	9089
assistance to current and potential child care providers,	9090
employers, and the community;	9091

(6) Collection and analysis of data on the supply of and	9092
demand for child care in the community;	9093

(7) Technical assistance concerning locally, state, and	9094
federally funded child care and early childhood education	9095
programs;	9096

(8) Stimulation of employer involvement in making child care	9097
more affordable, more available, safer, and of higher quality for	9098
their employees and for the community;	9099

(9) Provision of written educational materials to caretaker	9100
parents and informational resources to child care providers;	9101

(10) Coordination of services among child care resource and	9102
referral service organizations to assist in developing and	9103
maintaining a statewide system of child care resource and referral	9104
services if required by the department of job and family services;	9105

(11) Cooperation with the county department of job and family	9106
services in encouraging the establishment of parent cooperative	9107
child care centers and parent cooperative type A family day-care	9108
homes.	9109

(P) "Child-care staff member" means an employee of a child	9110
day-care center or type A family day-care home who is primarily	9111
responsible for the care and supervision of children. The	9112
administrator may be a part-time child-care staff member when not	9113
involved in other duties.	9114

(Q) "Drop-in child day-care center," "drop-in center,"	9115
"drop-in type A family day-care home," and "drop-in type A home"	9116
mean a center or type A home that provides child care or publicly	9117
funded child care for children on a temporary, irregular basis.	9118

(R) "Employee" means a person who either:

9119

(1) Receives compensation for duties performed in a child	9120
day-care center or type A family day-care home;	9121

(2) Is assigned specific working hours or duties in a child	9122
day-care center or type A family day-care home.	9123

(S) "Employer" means a person, firm, institution,	9124
organization, or agency that operates a child day-care center or	9125
type A family day-care home subject to licensure under this	9126
chapter.	9127

(T) "Federal poverty line" means the official poverty	9128
guideline as revised annually in accordance with section 673(2) of	9129
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	9130
U.S.C. 9902, as amended, for a family size equal to the size of	9131
the family of the person whose income is being determined.	9132

(U) "Head start program" means a comprehensive child	9133
development program that receives funds distributed under the	9134
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	9135
amended, and is licensed as a child day-care center.	9136

(V) "Income" means gross income, as defined in section	9137
5107.10 of the Revised Code, less any amounts required by federal	9138
statutes or regulations to be disregarded.	9139

(W) "Indicator checklist" means an inspection tool, used in	9140
conjunction with an instrument-based program monitoring	9141
information system, that contains selected licensing requirements	9142
that are statistically reliable indicators or predictors of a	9143
child day-care center or type A family day-care home's compliance	9144
with licensing requirements.	9145

(X) "Infant" means a child who is less than eighteen months	9146
of age.	9147

(Y) "In-home aide" means a person who does not reside with	9148
the child but provides care in the child's home and is certified	9149
by a county director of job and family services pursuant to	9150
section 5104.12 of the Revised Code to provide publicly funded	9151
child care to a child in a child's own home pursuant to this	9152
chapter and any rules adopted under it.	9153

(Z) "Instrument-based program monitoring information system"	9154
means a method to assess compliance with licensing requirements	9155
for child day-care centers and type A family day-care homes in	9156
which each licensing requirement is assigned a weight indicative	9157
of the relative importance of the requirement to the health,	9158
growth, and safety of the children that is used to develop an	9159
indicator checklist.	9160

(AA) "License capacity" means the maximum number in each age	9161
category of children who may be cared for in a child day-care	9162
center or type A family day-care home at one time as determined by	9163
the director of job and family services considering building	9164
occupancy limits established by the department of commerce, amount	9165
of available indoor floor space and outdoor play space, and amount	9166
of available play equipment, materials, and supplies. For the	9167
purposes of a provisional license issued under this chapter, the	9168
director shall also consider the number of available child-care	9169
staff members when determining "license capacity" for the	9170
provisional license.	9171

(BB) "Licensed child care program" means any of the	9172
following:	9173

(1) A child day-care center licensed by the department of job	9174
and family services pursuant to this chapter;	9175

(2) A type A family day-care home licensed by the department	9176
of job and family services pursuant to this chapter;	9177

(3) A type B family day-care home certified by a county	9178
department of job and family services pursuant to this chapter;	9179

(4) A licensed preschool program or licensed school child	9180
program.	9181

(CC) "Licensed preschool program" or "licensed school child	9182
program" means a preschool program or school child program, as	9183
defined in section 3301.52 of the Revised Code, that is licensed	9184
by the department of education pursuant to sections 3301.52 to	9185
3301.59 of the Revised Code.	9186

~~(CC)~~(DD) "Licensee" means the owner of a child day-care	9187
center or type A family day-care home that is licensed pursuant to	9188
this chapter and who is responsible for ensuring its compliance	9189
with this chapter and rules adopted pursuant to this chapter.	9190

~~(DD)~~(EE) "Operate a child day camp" means to operate,	9191
establish, manage, conduct, or maintain a child day camp.	9192

~~(EE)~~(FF) "Owner" includes a person, as defined in section	9193
1.59 of the Revised Code, or government entity.	9194

~~(FF)~~(GG) "Parent cooperative child day-care center," "parent	9195
cooperative center," "parent cooperative type A family day-care	9196
home," and "parent cooperative type A home" mean a corporation or	9197
association organized for providing educational services to the	9198
children of members of the corporation or association, without	9199
gain to the corporation or association as an entity, in which the	9200
services of the corporation or association are provided only to	9201
children of the members of the corporation or association,	9202
ownership and control of the corporation or association rests	9203
solely with the members of the corporation or association, and at	9204
least one parent-member of the corporation or association is on	9205
the premises of the center or type A home during its hours of	9206
operation.	9207

~~(GG)~~(HH) "Part-time child day-care center," "part-time	9208
center," "part-time type A family day-care home," and "part-time	9209
type A home" mean a center or type A home that provides child care	9210
or publicly funded child care for no more than four hours a day	9211
for any child.	9212

~~(HH)~~(II) "Place of worship" means a building where activities	9213
of an organized religious group are conducted and includes the	9214
grounds and any other buildings on the grounds used for such	9215
activities.	9216

~~(II)~~(JJ) "~~Preschool~~Preschool-age child" means a child who is	9217
three years old or older but is not a ~~school~~school-age child.	9218

~~(JJ)~~(KK) "Protective child care" means publicly funded child	9219
care for the direct care and protection of a child to whom either	9220
of the following applies:	9221

(1) A case plan prepared and maintained for the child	9222
pursuant to section 2151.412 of the Revised Code indicates a need	9223
for protective care and the child resides with a parent,	9224
stepparent, guardian, or another person who stands in loco	9225
parentis as defined in rules adopted under section 5104.38 of the	9226
Revised Code;	9227

(2) The child and the child's caretaker either temporarily	9228
reside in a facility providing emergency shelter for homeless	9229
families or are determined by the county department of job and	9230
family services to be homeless, and are otherwise ineligible for	9231
publicly funded child care.	9232

~~(KK)~~(LL) "Publicly funded child care" means administering to	9233
the needs of infants, toddlers, ~~preschool~~preschool-age children,	9234
and ~~school~~school-age children under age thirteen during any part	9235
of the twenty-four-hour day by persons other than their caretaker	9236
parents for remuneration wholly or in part with federal or state	9237
funds, including funds available under the child care block grant	9238
act, Title IV-A, and Title XX, distributed by the department of	9239
job and family services.	9240

~~(LL)~~(MM) "Religious activities" means any of the following:	9241
worship or other religious services; religious instruction; Sunday	9242
school classes or other religious classes conducted during or	9243
prior to worship or other religious services; youth or adult	9244
fellowship activities; choir or other musical group practices or	9245
programs; meals; festivals; or meetings conducted by an organized	9246
religious group.	9247

~~(MM)~~(NN) "~~School~~School-age child" means a child who is	9248
enrolled in or is eligible to be enrolled in a grade of	9249
kindergarten or above but is less than fifteen years old.	9250

~~(NN)~~(OO) "~~School child day-care center," "school~~School-age	9251
child care center," ~~"school child type A family day-care home,"~~	9252
and "~~school~~school-age child type A ~~family~~ home" mean a center or	9253
type A home that provides child care for ~~school~~school-age	9254
children only and that does either or both of the following:	9255

(1) Operates only during that part of the day that	9256
immediately precedes or follows the public school day of the	9257
school district in which the center or type A home is located;	9258

(2) Operates only when the public schools in the school	9259
district in which the center or type A home is located are not	9260
open for instruction with pupils in attendance.	9261

~~(OO)~~(PP) "Serious risk noncompliance" means a licensure or	9262
certification rule violation that leads to a great risk of harm	9263
to, or death of, a child, and is observable, not inferable.	9264

~~(PP)~~(QQ) "State median income" means the state median income	9265
calculated by the department of development pursuant to division	9266
(A)(1)(g) of section 5709.61 of the Revised Code.	9267

~~(QQ)~~(RR) "Title IV-A" means Title IV-A of the "Social	9268
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	9269

~~(RR)~~(SS) "Title XX" means Title XX of the "Social Security	9270
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	9271

~~(SS)~~(TT) "Toddler" means a child who is at least eighteen	9272
months of age but less than three years of age.	9273

~~(TT)~~(UU) "Type A family day-care home" and "type A home" mean	9274
a permanent residence of the administrator in which child care or	9275
publicly funded child care is provided for seven to twelve	9276
children at one time or a permanent residence of the administrator	9277
in which child care is provided for four to twelve children at one	9278
time if four or more children at one time are under two years of	9279
age. In counting children for the purposes of this division, any	9280
children under six years of age who are related to a licensee,	9281
administrator, or employee and who are on the premises of the type	9282
A home shall be counted. "Type A family day-care home" and "type A	9283
home" do not include any child day camp.	9284

~~(UU)~~(VV) "Type B family day-care home" and "type B home" mean	9285
a permanent residence of the provider in which child care is	9286
provided for one to six children at one time and in which no more	9287
than three children are under two years of age at one time. In	9288
counting children for the purposes of this division, any children	9289
under six years of age who are related to the provider and who are	9290
on the premises of the type B home shall be counted. "Type B	9291
family day-care home" and "type B home" do not include any child	9292
day camp.	9293

Sec. 5104.011. (A) The director of job and family services	9294
shall adopt rules pursuant to Chapter 119. of the Revised Code	9295
governing the operation of child day-care centers, including, but	9296
not limited to, parent cooperative centers, part-time centers,	9297
drop-in centers, and ~~school~~school-age child care centers, which	9298
rules shall reflect the various forms of child care and the needs	9299
of children receiving child care or publicly funded child care and	9300
shall include specific rules for ~~school~~school-age child care	9301
centers that are developed in consultation with the department of	9302
education. The rules shall not require an existing school facility	9303
that is in compliance with applicable building codes to undergo an	9304
additional building code inspection or to have structural	9305
modifications. The rules shall include the following:	9306

(1) Submission of a site plan and descriptive plan of	9307
operation to demonstrate how the center proposes to meet the	9308
requirements of this chapter and rules adopted pursuant to this	9309
chapter for the initial license application;	9310

(2) Standards for ensuring that the physical surroundings of	9311
the center are safe and sanitary including, but not limited to,	9312
the physical environment, the physical plant, and the equipment of	9313
the center;	9314

(3) Standards for the supervision, care, and discipline of	9315
children receiving child care or publicly funded child care in the	9316
center;	9317

(4) Standards for a program of activities, and for play	9318
equipment, materials, and supplies, to enhance the development of	9319
each child; however, any educational curricula, philosophies, and	9320
methodologies that are developmentally appropriate and that	9321
enhance the social, emotional, intellectual, and physical	9322
development of each child shall be permissible. As used in this	9323
division, "program" does not include instruction in religious or	9324
moral doctrines, beliefs, or values that is conducted at child	9325
day-care centers owned and operated by churches and does include	9326
methods of disciplining children at child day-care centers.	9327

(5) Admissions policies and procedures, health care policies	9328
and procedures, including, but not limited to, procedures for the	9329
isolation of children with communicable diseases, first aid and	9330
emergency procedures, procedures for discipline and supervision of	9331
children, standards for the provision of nutritious meals and	9332
snacks, and procedures for screening children and employees, that	9333
may include any necessary physical examinations and immunizations;	9334

(6) Methods for encouraging parental participation in the	9335
center and methods for ensuring that the rights of children,	9336
parents, and employees are protected and that responsibilities of	9337
parents and employees are met;	9338

(7) Procedures for ensuring the safety and adequate	9339
supervision of children traveling off the premises of the center	9340
while under the care of a center employee;	9341

(8) Procedures for record keeping, organization, and	9342
administration;	9343

(9) Procedures for issuing, denying, and revoking a license	9344
that are not otherwise provided for in Chapter 119. of the Revised	9345
Code;	9346

(10) Inspection procedures;

9347

(11) Procedures and standards for setting initial license	9348
application fees;	9349

(12) Procedures for receiving, recording, and responding to	9350
complaints about centers;	9351

(13) Procedures for enforcing section 5104.04 of the Revised	9352
Code;	9353

(14) A standard requiring the inclusion, on and after July 1,	9354
1987, of a current department of job and family services toll-free	9355
telephone number on each center provisional license or license	9356
which any person may use to report a suspected violation by the	9357
center of this chapter or rules adopted pursuant to this chapter;	9358

(15) Requirements for the training of administrators and	9359
child-care staff members in first aid, in prevention, recognition,	9360
and management of communicable diseases, and in child abuse	9361
recognition and prevention. Training requirements for child	9362
day-care centers adopted under this division shall be consistent	9363
with divisions (B)(6) and (C)(1) of this section.	9364

(16) Standards providing for the special needs of children	9365
who are handicapped or who require treatment for health conditions	9366
while the child is receiving child care or publicly funded child	9367
care in the center;	9368

(17) A procedure for reporting of injuries of children that	9369
occur at the center;	9370

(18) Any other procedures and standards necessary to carry	9371
out this chapter.	9372

(B)(1) The child day-care center shall have, for each child	9373
for whom the center is licensed, at least thirty-five square feet	9374
of usable indoor floor space wall-to-wall regularly available for	9375
the child care operation exclusive of any parts of the structure	9376
in which the care of children is prohibited by law or by rules	9377
adopted by the board of building standards. The minimum of	9378
thirty-five square feet of usable indoor floor space shall not	9379
include hallways, kitchens, storage areas, or any other areas that	9380
are not available for the care of children, as determined by the	9381
director, in meeting the space requirement of this division, and	9382
bathrooms shall be counted in determining square footage only if	9383
they are used exclusively by children enrolled in the center,	9384
except that the exclusion of hallways, kitchens, storage areas,	9385
bathrooms not used exclusively by children enrolled in the center,	9386
and any other areas not available for the care of children from	9387
the minimum of thirty-five square feet of usable indoor floor	9388
space shall not apply to:	9389

(a) Centers licensed prior to or on September 1, 1986, that	9390
continue under licensure after that date;	9391

(b) Centers licensed prior to or on September 1, 1986, that	9392
are issued a new license after that date solely due to a change of	9393
ownership of the center.	9394

(2) The child day-care center shall have on the site a safe	9395
outdoor play space which is enclosed by a fence or otherwise	9396
protected from traffic or other hazards. The play space shall	9397
contain not less than sixty square feet per child using such space	9398
at any one time, and shall provide an opportunity for supervised	9399
outdoor play each day in suitable weather. The director may exempt	9400
a center from the requirement of this division, if an outdoor play	9401
space is not available and if all of the following are met:	9402

(a) The center provides an indoor recreation area that has	9403
not less than sixty square feet per child using the space at any	9404
one time, that has a minimum of one thousand four hundred forty	9405
square feet of space, and that is separate from the indoor space	9406
required under division (B)(1) of this section.	9407

(b) The director has determined that there is regularly	9408
available and scheduled for use a conveniently accessible and safe	9409
park, playground, or similar outdoor play area for play or	9410
recreation.	9411

(c) The children are closely supervised during play and while	9412
traveling to and from the area.	9413

The director also shall exempt from the requirement of this	9414
division a child day-care center that was licensed prior to	9415
September 1, 1986, if the center received approval from the	9416
director prior to September 1, 1986, to use a park, playground, or	9417
similar area, not connected with the center, for play or	9418
recreation in lieu of the outdoor space requirements of this	9419
section and if the children are closely supervised both during	9420
play and while traveling to and from the area and except if the	9421
director determines upon investigation and inspection pursuant to	9422
section 5104.04 of the Revised Code and rules adopted pursuant to	9423
that section that the park, playground, or similar area, as well	9424
as access to and from the area, is unsafe for the children.	9425

(3) The child day-care center shall have at least two	9426
responsible adults available on the premises at all times when	9427
seven or more children are in the center. The center shall	9428
organize the children in the center in small groups, shall provide	9429
child-care staff to give continuity of care and supervision to the	9430
children on a day-by-day basis, and shall ensure that no child is	9431
left alone or unsupervised. Except as otherwise provided in	9432
division (E) of this section, the maximum number of children per	9433
child-care staff member and maximum group size, by age category of	9434
children, are as follows:	9435

	Maximum Number of		9436
	Children Per	Maximum	9437
Age Category	Child-Care	Group	9438
of Children	Staff Member	Size	9439
(a) Infants:			9440
(i) Less than twelve			9441
months old	5:1, or		9442
	12:2 if two		9443
	child-care		9444
	staff members		9445
	are in the room	12	9446
(ii) At least twelve			9447
months old, but			9448
less than eighteen			9449
months old	6:1	12	9450
(b) Toddlers:			9451
(i) At least eighteen			9452
months old, but			9453
less than thirty			9454
months old	7:1	14	9455
(ii) At least thirty months			9456
old, but less than			9457
three years old	8:1	16	9458
(c) ~~Preschool~~ Preschool-age			9459
children:			9460
(i) Three years old	12:1	24	9461
(ii) Four years old and			9462
five years old who			9463
are not school			9464
children	14:1	28	9465
(d) ~~School~~ School-age children:			9466
(i) A child who is			9467
enrolled in or is			9468
eligible to be			9469
enrolled in a grade			9470
of kindergarten			9471
or above, but			9472
is less than			9473
eleven years old	18:1	36	9474
(ii) Eleven through fourteen			9475
years old	20:1	40	9476

Except as otherwise provided in division (E) of this section,	9477
the maximum number of children per child-care staff member and	9478
maximum group size requirements of the younger age group shall	9479
apply when age groups are combined.	9480

~~(4)(a) The child day-care center administrator shall show the~~	9481
~~director both of the following:~~	9482

~~(i) Evidence of at least high school graduation or~~	9483
~~certification of high school equivalency by the state board of~~	9484
~~education or the appropriate agency of another state;~~	9485

~~(ii) Evidence of having completed at least two years of~~	9486
~~training in an accredited college, university, or technical~~	9487
~~college, including courses in child development or early childhood~~	9488
~~education, at least two years of experience in supervising and~~	9489
~~giving daily care to children attending an organized group~~	9490
~~program, or the equivalent based on a designation as an "early~~	9491
~~childhood professional level three" under the career pathways~~	9492
~~model of the quality-rating program established under section~~	9493
~~5104.30 of the Revised Code.~~	9494

~~(b) In addition to the requirements of division (B)(4)(a) of~~	9495
~~this section and except as provided in division (B)(4)(c) of this~~	9496
~~section, any administrator employed or designated as such prior to~~	9497
~~the effective date of this section, as amended, shall show~~	9498
~~evidence of at least one of the following within six years after~~	9499
~~the date of employment or designation:~~	9500

~~(i) Two years of experience working as a child-care staff~~	9501
~~member in a center and at least four courses in child development~~	9502
~~or early childhood education from an accredited college,~~	9503
~~university, or technical college, except that a person who has two~~	9504
~~years of experience working as a child-care staff member in a~~	9505
~~particular center and who has been promoted to or designated as~~	9506
~~administrator of that center shall have one year from the time the~~	9507
~~person was promoted to or designated as administrator to complete~~	9508
~~the required four courses;~~	9509

~~(ii) Two years of training, including at least four courses~~	9510
~~in child development or early childhood education from an~~	9511
~~accredited college, university, or technical college;~~	9512

~~(iii) A child development associate credential issued by the~~	9513
~~national child development associate credentialing commission;~~	9514

~~(iv) An associate or higher degree in child development or~~	9515
~~early childhood education from an accredited college, technical~~	9516
~~college, or university, or a license designated for teaching in an~~	9517
~~associate teaching position in a preschool setting issued by the~~	9518
~~state board of education.~~	9519

~~(c) For the purposes of division (B)(4)(b) of this section,~~	9520
~~any administrator employed or designated as such prior to the~~	9521
~~effective date of this section, as amended, may also show evidence~~	9522
~~of an administrator's credential as approved by the department of~~	9523
~~job and family services in lieu of, or in addition to, the~~	9524
~~evidence required under division (B)(4)(b) of this section. The~~	9525
~~evidence of an administrator's credential must be shown to the~~	9526
~~director not later than one year after the date of employment or~~	9527
~~designation.~~	9528

~~(d) In addition to the requirements of division (B)(4)(a) of~~	9529
~~this section, any administrator employed or designated as such on~~	9530
~~or after the effective date of this section, as amended, shall~~	9531
~~show evidence of at least one of the following not later than one~~	9532
~~year after the date of employment or designation:~~	9533

~~(i) Two years of experience working as a child-care staff~~	9534
~~member in a center and at least four courses in child development~~	9535
~~or early childhood education from an accredited college,~~	9536
~~university, or technical college, except that a person who has two~~	9537
~~years of experience working as a child-care staff member in a~~	9538
~~particular center and who has been promoted to or designated as~~	9539
~~administrator of that center shall have one year from the time the~~	9540
~~person was promoted to or designated as administrator to complete~~	9541
~~the required four courses;~~	9542

~~(ii) Two years of training, including at least four courses~~	9543
~~in child development or early childhood education from an~~	9544
~~accredited college, university, or technical college;~~	9545

~~(iii) A child development associate credential issued by the~~	9546
~~national child development associate credentialing commission;~~	9547

~~(iv) An associate or higher degree in child development or~~	9548
~~early childhood education from an accredited college, technical~~	9549
~~college, or university, or a license designated for teaching in an~~	9550
~~associate teaching position in a preschool setting issued by the~~	9551
~~state board of education;~~	9552

~~(v) An administrator's credential as approved by the~~	9553
~~department of job and family services.~~	9554

~~(5) All child-care staff members of a child day-care center~~	9555
~~shall be at least eighteen years of age, and shall furnish the~~	9556
~~director evidence of at least high school graduation or~~	9557
~~certification of high school equivalency by the state board of~~	9558
~~education or the appropriate agency of another state or evidence~~	9559
~~of completion of a training program approved by the department of~~	9560
~~job and family services or state board of education, except as~~	9561
~~follows:~~	9562

~~(a) A child-care staff member may be less than eighteen years~~	9563
~~of age if the staff member is either of the following:~~	9564

~~(i) A graduate of a two-year vocational child-care training~~	9565
~~program approved by the state board of education;~~	9566

~~(ii) A student enrolled in the second year of a vocational~~	9567
~~child-care training program approved by the state board of~~	9568
~~education which leads to high school graduation, provided that the~~	9569
~~student performs the student's duties in the child day-care center~~	9570
~~under the continuous supervision of an experienced child-care~~	9571
~~staff member, receives periodic supervision from the vocational~~	9572
~~child-care training program teacher-coordinator in the student's~~	9573
~~high school, and meets all other requirements of this chapter and~~	9574
~~rules adopted pursuant to this chapter.~~	9575

~~(b) A child-care staff member shall be exempt from the~~	9576
~~educational requirements of this division if the staff member:~~	9577

~~(i) Prior to January 1, 1972, was employed or designated by a~~	9578
~~child day-care center and has been continuously employed since~~	9579
~~either by the same child day-care center employer or at the same~~	9580
~~child day-care center;~~	9581

~~(ii) Is a student enrolled in the second year of a vocational~~	9582
~~child-care training program approved by the state board of~~	9583
~~education which leads to high school graduation, provided that the~~	9584
~~student performs the student's duties in the child day-care center~~	9585
~~under the continuous supervision of an experienced child-care~~	9586
~~staff member, receives periodic supervision from the vocational~~	9587
~~child-care training program teacher-coordinator in the student's~~	9588
~~high school, and meets all other requirements of this chapter and~~	9589
~~rules adopted pursuant to this chapter;~~	9590

~~(iii) Is receiving or has completed the final year of~~	9591
~~instruction at home as authorized under section 3321.04 of the~~	9592
~~Revised Code or has graduated from a nonchartered, nonpublic~~	9593
~~school in Ohio.~~	9594

~~(6) Every child care staff member of a child day-care center~~	9595
~~annually shall complete fifteen hours of inservice training in~~	9596
~~child development or early childhood education, child abuse~~	9597
~~recognition and prevention, first aid, and in prevention,~~	9598
~~recognition, and management of communicable diseases, until a~~	9599
~~total of forty-five hours of training has been completed, unless~~	9600
~~the staff member furnishes one of the following to the director:~~	9601

~~(a) Evidence of an associate or higher degree in child~~	9602
~~development or early childhood education from an accredited~~	9603
~~college, university, or technical college;~~	9604

~~(b) A license designated for teaching in an associate~~	9605
~~teaching position in a preschool setting issued by the state board~~	9606
~~of education;~~	9607

~~(c) Evidence of a child development associate credential;~~

9608

~~(d) Evidence of a preprimary credential from the American~~	9609
~~Montessori society or the association Montessori internationale.~~	9610
~~For the purposes of division (B)(6) of this section, "hour" means~~	9611
~~sixty minutes.~~	9612

(C)(1) Each child day-care center shall have on the center	9613
premises and readily available at all times at least one	9614
child-care staff member who has completed a course in first aid,	9615
one staff member who has completed a course in prevention,	9616
recognition, and management of communicable diseases which is	9617
approved by the state department of health, and a staff member who	9618
has completed a course in child abuse recognition and prevention	9619
training which is approved by the department of job and family	9620
services.	9621

(2) The administrator of each child day-care center shall	9622
maintain enrollment, health, and attendance records for all	9623
children attending the center and health and employment records	9624
for all center employees. The records shall be confidential,	9625
except that they shall be disclosed by the administrator to the	9626
director upon request for the purpose of administering and	9627
enforcing this chapter and rules adopted pursuant to this chapter.	9628
Neither the center nor the licensee, administrator, or employees	9629
of the center shall be civilly or criminally liable in damages or	9630
otherwise for records disclosed to the director by the	9631
administrator pursuant to this division. It shall be a defense to	9632
any civil or criminal charge based upon records disclosed by the	9633
administrator to the director that the records were disclosed	9634
pursuant to this division.	9635

(3)(a) Any parent who is the residential parent and legal	9636
custodian of a child enrolled in a child day-care center and any	9637
custodian or guardian of such a child shall be permitted unlimited	9638
access to the center during its hours of operation for the	9639
purposes of contacting their children, evaluating the care	9640
provided by the center, evaluating the premises of the center, or	9641
for other purposes approved by the director. A parent of a child	9642
enrolled in a child day-care center who is not the child's	9643
residential parent shall be permitted unlimited access to the	9644
center during its hours of operation for those purposes under the	9645
same terms and conditions under which the residential parent of	9646
that child is permitted access to the center for those purposes.	9647
However, the access of the parent who is not the residential	9648
parent is subject to any agreement between the parents and, to the	9649
extent described in division (C)(3)(b) of this section, is subject	9650
to any terms and conditions limiting the right of access of the	9651
parent who is not the residential parent, as described in division	9652
(I) of section 3109.051 of the Revised Code, that are contained in	9653
a parenting time order or decree issued under that section,	9654
section 3109.12 of the Revised Code, or any other provision of the	9655
Revised Code.	9656

(b) If a parent who is the residential parent of a child has	9657
presented the administrator or the administrator's designee with a	9658
copy of a parenting time order that limits the terms and	9659
conditions under which the parent who is not the residential	9660
parent is to have access to the center, as described in division	9661
(I) of section 3109.051 of the Revised Code, the parent who is not	9662
the residential parent shall be provided access to the center only	9663
to the extent authorized in the order. If the residential parent	9664
has presented such an order, the parent who is not the residential	9665
parent shall be permitted access to the center only in accordance	9666
with the most recent order that has been presented to the	9667
administrator or the administrator's designee by the residential	9668
parent or the parent who is not the residential parent.	9669

(c) Upon entering the premises pursuant to division (C)(3)(a)	9670
or (b) of this section, the parent who is the residential parent	9671
and legal custodian, the parent who is not the residential parent,	9672
or the custodian or guardian shall notify the administrator or the	9673
administrator's designee of the parent's, custodian's, or	9674
guardian's presence.	9675

(D) The director of job and family services, in addition to	9676
the rules adopted under division (A) of this section, shall adopt	9677
rules establishing minimum requirements for child day-care	9678
centers. The rules shall include, but not be limited to, the	9679
requirements set forth in divisions (B) and (C) of this section	9680
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.	9681
Except as provided in section 5104.07 of the Revised Code, the	9682
rules shall not change the square footage requirements of division	9683
(B)(1) or (2) of this section; the maximum number of children per	9684
child-care staff member and maximum group size requirements of	9685
division (B)(3) of this section; the educational and experience	9686
requirements of ~~division (B)(4) of this~~ section 5104.031 of the	9687
Revised Code; the age, educational, and experience requirements of	9688
~~division (B)(5) of this~~ section 5104.032 of the Revised Code; the	9689
number and type of inservice training hours required under	9690
~~division (B)(6) of this~~ section 5104.033 of the Revised Code;	9691
however, the rules shall provide procedures for determining	9692
compliance with those requirements.	9693

(E)(1) When age groups are combined, the maximum number of	9694
children per child-care staff member shall be determined by the	9695
age of the youngest child in the group, except that when no more	9696
than one child thirty months of age or older receives services in	9697
a group in which all the other children are in the next older age	9698
group, the maximum number of children per child-care staff member	9699
and maximum group size requirements of the older age group	9700
established under division (B)(3) of this section shall apply.	9701

(2) The maximum number of toddlers or ~~preschool~~preschool-age	9702
children per child-care staff member in a room where children are	9703
napping shall be twice the maximum number of children per	9704
child-care staff member established under division (B)(3) of this	9705
section if all the following criteria are met:	9706

(a) At least one child-care staff member is present in the	9707
room.	9708

(b) Sufficient child-care staff members are on the child	9709
day-care center premises to meet the maximum number of children	9710
per child-care staff member requirements established under	9711
division (B)(3) of this section.	9712

(c) Naptime preparations are complete and all napping	9713
children are resting or sleeping on cots.	9714

(d) The maximum number established under division (E)(2) of	9715
this section is in effect for no more than two hours during a	9716
twenty-four-hour day.	9717

(F) The director of job and family services shall adopt rules	9718
pursuant to Chapter 119. of the Revised Code governing the	9719
operation of type A family day-care homes, including, but not	9720
limited to, parent cooperative type A homes, part-time type A	9721
homes, drop-in type A homes, and ~~school~~school-age child type A	9722
homes, which shall reflect the various forms of child care and the	9723
needs of children receiving child care. The rules shall include	9724
the following:	9725

(1) Submission of a site plan and descriptive plan of	9726
operation to demonstrate how the type A home proposes to meet the	9727
requirements of this chapter and rules adopted pursuant to this	9728
chapter for the initial license application;	9729

(2) Standards for ensuring that the physical surroundings of	9730
the type A home are safe and sanitary, including, but not limited	9731
to, the physical environment, the physical plant, and the	9732
equipment of the type A home;	9733

(3) Standards for the supervision, care, and discipline of	9734
children receiving child care or publicly funded child care in the	9735
type A home;	9736

(4) Standards for a program of activities, and for play	9737
equipment, materials, and supplies, to enhance the development of	9738
each child; however, any educational curricula, philosophies, and	9739
methodologies that are developmentally appropriate and that	9740
enhance the social, emotional, intellectual, and physical	9741
development of each child shall be permissible;	9742

(5) Admissions policies and procedures, health care policies	9743
and procedures, including, but not limited to, procedures for the	9744
isolation of children with communicable diseases, first aid and	9745
emergency procedures, procedures for discipline and supervision of	9746
children, standards for the provision of nutritious meals and	9747
snacks, and procedures for screening children and employees,	9748
including, but not limited to, any necessary physical examinations	9749
and immunizations;	9750

(6) Methods for encouraging parental participation in the	9751
type A home and methods for ensuring that the rights of children,	9752
parents, and employees are protected and that the responsibilities	9753
of parents and employees are met;	9754

(7) Procedures for ensuring the safety and adequate	9755
supervision of children traveling off the premises of the type A	9756
home while under the care of a type A home employee;	9757

(8) Procedures for record keeping, organization, and	9758
administration;	9759

(9) Procedures for issuing, denying, and revoking a license	9760
that are not otherwise provided for in Chapter 119. of the Revised	9761
Code;	9762

(10) Inspection procedures;

9763

(11) Procedures and standards for setting initial license	9764
application fees;	9765

(12) Procedures for receiving, recording, and responding to	9766
complaints about type A homes;	9767

(13) Procedures for enforcing section 5104.04 of the Revised	9768
Code;	9769

(14) A standard requiring the inclusion, on or after July 1,	9770
1987, of a current department of job and family services toll-free	9771
telephone number on each type A home provisional license or	9772
license which any person may use to report a suspected violation	9773
by the type A home of this chapter or rules adopted pursuant to	9774
this chapter;	9775

(15) Requirements for the training of administrators and	9776
child-care staff members in first aid, in prevention, recognition,	9777
and management of communicable diseases, and in child abuse	9778
recognition and prevention;	9779

(16) Standards providing for the special needs of children	9780
who are handicapped or who require treatment for health conditions	9781
while the child is receiving child care or publicly funded child	9782
care in the type A home;	9783

(17) Standards for the maximum number of children per	9784
child-care staff member;	9785

(18) Requirements for the amount of usable indoor floor space	9786
for each child;	9787

(19) Requirements for safe outdoor play space;

9788

(20) Qualifications and training requirements for	9789
administrators and for child-care staff members;	9790

(21) Procedures for granting a parent who is the residential	9791
parent and legal custodian, or a custodian or guardian access to	9792
the type A home during its hours of operation;	9793

(22) Standards for the preparation and distribution of a	9794
roster of parents, custodians, and guardians;	9795

(23) Any other procedures and standards necessary to carry	9796
out this chapter.	9797

(G) The director of job and family services shall adopt rules	9798
pursuant to Chapter 119. of the Revised Code governing the	9799
certification of type B family day-care homes.	9800

(1) The rules shall include all of the following:

9801

(a) Procedures, standards, and other necessary provisions for	9802
granting limited certification to type B family day-care homes	9803
that are operated by the following adult providers:	9804

(i) Persons who provide child care for eligible children who	9805
are great-grandchildren, grandchildren, nieces, nephews, or	9806
siblings of the provider or for eligible children whose caretaker	9807
parent is a grandchild, child, niece, nephew, or sibling of the	9808
provider;	9809

(ii) Persons who provide child care for eligible children all	9810
of whom are the children of the same caretaker parent;	9811

(b) Procedures for the director to ensure, that type B homes	9812
that receive a limited certification provide child care to	9813
children in a safe and sanitary manner;	9814

(c) Requirements for the type B home to notify parents with	9815
children in the type B home that the type B home is also certified	9816
as a foster home under section 5103.03 of the Revised Code.	9817

With regard to providers who apply for limited certification,	9818
a provider shall be granted a provisional limited certification on	9819
signing a declaration under oath attesting that the provider meets	9820
the standards for limited certification. Such provisional limited	9821
certifications shall remain in effect for no more than sixty	9822
calendar days and shall entitle the provider to offer publicly	9823
funded child care during the provisional period. Except as	9824
otherwise provided in division (G)(1) of this section, section	9825
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	9826
section 5104.11 of the Revised Code, prior to the expiration of	9827
the provisional limited certificate, a county department of job	9828
and family services shall inspect the home and shall grant limited	9829
certification to the provider if the provider meets the	9830
requirements of this division. Limited certificates remain valid	9831
for two years unless earlier revoked. Except as otherwise provided	9832
in division (G)(1) of this section, providers operating under	9833
limited certification shall be inspected annually.	9834

If a provider is a person described in division (G)(1)(a)(i)	9835
of this section or a person described in division (G)(1)(a)(ii) of	9836
this section who is a friend of the caretaker parent, the provider	9837
and the caretaker parent may verify in writing to the county	9838
department of job and family services that minimum health and	9839
safety requirements are being met in the home. Except as otherwise	9840
provided in section 5104.013 or 5104.09 or in division (A)(2) of	9841
section 5104.11 of the Revised Code, if such verification is	9842
provided, the county shall waive any inspection required by this	9843
chapter and grant limited certification to the provider.	9844

(2) The rules shall provide for safeguarding the health,	9845
safety, and welfare of children receiving child care or publicly	9846
funded child care in a certified type B home and shall include the	9847
following:	9848

(a) Standards for ensuring that the type B home and the	9849
physical surroundings of the type B home are safe and sanitary,	9850
including, but not limited to, physical environment, physical	9851
plant, and equipment;	9852

(b) Standards for the supervision, care, and discipline of	9853
children receiving child care or publicly funded child care in the	9854
home;	9855

(c) Standards for a program of activities, and for play	9856
equipment, materials, and supplies to enhance the development of	9857
each child; however, any educational curricula, philosophies, and	9858
methodologies that are developmentally appropriate and that	9859
enhance the social, emotional, intellectual, and physical	9860
development of each child shall be permissible;	9861

(d) Admission policies and procedures, health care, first aid	9862
and emergency procedures, procedures for the care of sick	9863
children, procedures for discipline and supervision of children,	9864
nutritional standards, and procedures for screening children and	9865
authorized providers, including, but not limited to, any necessary	9866
physical examinations and immunizations;	9867

(e) Methods of encouraging parental participation and	9868
ensuring that the rights of children, parents, and authorized	9869
providers are protected and the responsibilities of parents and	9870
authorized providers are met;	9871

(f) Standards for the safe transport of children when under	9872
the care of authorized providers;	9873

(g) Procedures for issuing, renewing, denying, refusing to	9874
renew, or revoking certificates;	9875

(h) Procedures for the inspection of type B homes that	9876
require, at a minimum, that each type B home be inspected prior to	9877
certification to ensure that the home is safe and sanitary;	9878

(i) Procedures for record keeping and evaluation;

9879

(j) Procedures for receiving, recording, and responding to	9880
complaints;	9881

(k) Standards providing for the special needs of children who	9882
are handicapped or who receive treatment for health conditions	9883
while the child is receiving child care or publicly funded child	9884
care in the type B home;	9885

(l) Requirements for the amount of usable indoor floor space	9886
for each child;	9887

(m) Requirements for safe outdoor play space;

9888

(n) Qualification and training requirements for authorized	9889
providers;	9890

(o) Procedures for granting a parent who is the residential	9891
parent and legal custodian, or a custodian or guardian access to	9892
the type B home during its hours of operation;	9893

(p) Requirements for the type B home to notify parents with	9894
children in the type B home that the type B home is also certified	9895
as a foster home under section 5103.03 of the Revised Code;	9896

(q) Any other procedures and standards necessary to carry out	9897
this chapter.	9898

(H) The director shall adopt rules pursuant to Chapter 119.	9899
of the Revised Code governing the certification of in-home aides.	9900
The rules shall include procedures, standards, and other necessary	9901
provisions for granting limited certification to in-home aides who	9902
provide child care for eligible children who are	9903
great-grandchildren, grandchildren, nieces, nephews, or siblings	9904
of the in-home aide or for eligible children whose caretaker	9905
parent is a grandchild, child, niece, nephew, or sibling of the	9906
in-home aide. The rules shall require, and shall include	9907
procedures for the director to ensure, that in-home aides that	9908
receive a limited certification provide child care to children in	9909
a safe and sanitary manner. The rules shall provide for	9910
safeguarding the health, safety, and welfare of children receiving	9911
publicly funded child care in their own home and shall include the	9912
following:	9913

(1) Standards for ensuring that the child's home and the	9914
physical surroundings of the child's home are safe and sanitary,	9915
including, but not limited to, physical environment, physical	9916
plant, and equipment;	9917

(2) Standards for the supervision, care, and discipline of	9918
children receiving publicly funded child care in their own home;	9919

(3) Standards for a program of activities, and for play	9920
equipment, materials, and supplies to enhance the development of	9921
each child; however, any educational curricula, philosophies, and	9922
methodologies that are developmentally appropriate and that	9923
enhance the social, emotional, intellectual, and physical	9924
development of each child shall be permissible;	9925

(4) Health care, first aid, and emergency procedures,	9926
procedures for the care of sick children, procedures for	9927
discipline and supervision of children, nutritional standards, and	9928
procedures for screening children and in-home aides, including,	9929
but not limited to, any necessary physical examinations and	9930
immunizations;	9931

(5) Methods of encouraging parental participation and	9932
ensuring that the rights of children, parents, and in-home aides	9933
are protected and the responsibilities of parents and in-home	9934
aides are met;	9935

(6) Standards for the safe transport of children when under	9936
the care of in-home aides;	9937

(7) Procedures for issuing, renewing, denying, refusing to	9938
renew, or revoking certificates;	9939

(8) Procedures for inspection of homes of children receiving	9940
publicly funded child care in their own homes;	9941

(9) Procedures for record keeping and evaluation;

9942

(10) Procedures for receiving, recording, and responding to	9943
complaints;	9944

(11) Qualifications and training requirements for in-home	9945
aides;	9946

(12) Standards providing for the special needs of children	9947
who are handicapped or who receive treatment for health conditions	9948
while the child is receiving publicly funded child care in the	9949
child's own home;	9950

(13) Any other procedures and standards necessary to carry	9951
out this chapter.	9952

(I) To the extent that any rules adopted for the purposes of	9953
this section require a health care professional to perform a	9954
physical examination, the rules shall include as a health care	9955
professional a physician assistant, a clinical nurse specialist, a	9956
certified nurse practitioner, or a certified nurse-midwife.	9957

(J)(1) The director of job and family services shall do all	9958
of the following:	9959

(a) Provide or make available in either paper or electronic	9960
form to each licensee notice of proposed rules governing the	9961
licensure of child day-care centers and type A homes;	9962

(b) Give public notice of hearings regarding the rules to	9963
each licensee at least thirty days prior to the date of the public	9964
hearing, in accordance with section 119.03 of the Revised Code;	9965

(c) At least thirty days before the effective date of a rule,	9966
provide, in either paper or electronic form, a copy of the adopted	9967
rule to each licensee.	9968

(2) The director shall do all of the following:

9969

(a) Send to each county director of job and family services a	9970
notice of proposed rules governing the certification of type B	9971
family homes and in-home aides that includes an internet web site	9972
address where the proposed rules can be viewed;	9973

(b) Give public notice of hearings regarding the proposed	9974
rules not less than thirty days in advance;	9975

(c) Provide to each county director of job and family	9976
services an electronic copy of each adopted rule at least	9977
forty-five days prior to the rule's effective date.	9978

(3) The county director of job and family services shall	9979
provide or make available in either paper or electronic form to	9980
each authorized provider and in-home aide copies of proposed rules	9981
and shall give public notice of hearings regarding the rules to	9982
each authorized provider and in-home aide at least thirty days	9983
prior to the date of the public hearing, in accordance with	9984
section 119.03 of the Revised Code. At least thirty days before	9985
the effective date of a rule, the county director of job and	9986
family services shall provide, in either paper or electronic form,	9987
copies of the adopted rule to each authorized provider and in-home	9988
aide.	9989

(4) Additional copies of proposed and adopted rules shall be	9990
made available by the director of job and family services to the	9991
public on request at no charge.	9992

(5) The director of job and family services may adopt rules	9993
pursuant to Chapter 119. of the Revised Code for imposing	9994
sanctions on persons and entities that are licensed or certified	9995
under this chapter. Sanctions may be imposed only for an action or	9996
omission that constitutes a serious risk noncompliance. The	9997
sanctions imposed shall be based on the scope and severity of the	9998
violations.	9999

The director shall make a dispute resolution process	10000
available for the implementation of sanctions. The process may	10001
include an opportunity for appeal pursuant to Chapter 119. of the	10002
Revised Code.	10003

(6) The director of job and family services shall adopt rules	10004
pursuant to Chapter 119. of the Revised Code that establish	10005
standards for the training of individuals whom any county	10006
department of job and family services employs, with whom any	10007
county department of job and family services contracts, or with	10008
whom the director of job and family services contracts, to inspect	10009
or investigate type B family day-care homes pursuant to section	10010
5104.11 of the Revised Code. The department shall provide training	10011
in accordance with those standards for individuals in the	10012
categories described in this division.	10013

(K) The director of job and family services shall review all	10014
rules adopted pursuant to this chapter at least once every seven	10015
years.	10016

(L) Notwithstanding any provision of the Revised Code, the	10017
director of job and family services shall not regulate in any way	10018
under this chapter or rules adopted pursuant to this chapter,	10019
instruction in religious or moral doctrines, beliefs, or values.	10020

Sec. 5104.02. (A) The director of job and family services is	10021
responsible for the licensing of child day-care centers and type A	10022
family day-care homes. Each entity operating a head start program	10023
shall meet the criteria for, and be licensed as, a child day-care	10024
center. The director is responsible for the enforcement of this	10025
chapter and of rules promulgated pursuant to this chapter.	10026

No person, firm, organization, institution, or agency shall	10027
operate, establish, manage, conduct, or maintain a child day-care	10028
center or type A family day-care home without a license issued	10029
under section 5104.03 of the Revised Code. The current license	10030
shall be posted in a conspicuous place in the center or type A	10031
home that is accessible to parents, custodians, or guardians and	10032
employees of the center or type A home at all times when the	10033
center or type A home is in operation.	10034

(B) A person, firm, institution, organization, or agency	10035
operating any of the following programs is exempt from the	10036
requirements of this chapter:	10037

(1) A program of child care that operates for two or less	10038
consecutive weeks;	10039

(2) Child care in places of worship during religious	10040
activities during which children are cared for while at least one	10041
parent, guardian, or custodian of each child is participating in	10042
such activities and is readily available;	10043

(3) Religious activities which do not provide child care;

10044

(4) Supervised training, instruction, or activities of	10045
children in specific areas, including, but not limited to: art;	10046
drama; dance; music; gymnastics, swimming, or another athletic	10047
skill or sport; computers; or an educational subject conducted on	10048
an organized or periodic basis no more than one day a week and for	10049
no more than six hours duration;	10050

(5) Programs in which the director determines that at least	10051
one parent, custodian, or guardian of each child is on the	10052
premises of the facility offering child care and is readily	10053
accessible at all times, except that child care provided on the	10054
premises at which a parent, custodian, or guardian is employed	10055
more than two and one-half hours a day shall be licensed in	10056
accordance with division (A) of this section;	10057

(6)(a) Programs that provide child care funded and regulated	10058
or operated and regulated by state departments other than the	10059
department of job and family services or the state board of	10060
education when the director of job and family services has	10061
determined that the rules governing the program are equivalent to	10062
or exceed the rules promulgated pursuant to this chapter.	10063

Notwithstanding any exemption from regulation under this	10064
chapter, each state department shall submit to the director of job	10065
and family services a copy of the rules that govern programs that	10066
provide child care and are regulated or operated and regulated by	10067
the department. Annually, each state department shall submit to	10068
the director a report for each such program it regulates or	10069
operates and regulates that includes the following information:	10070

(i) The site location of the program;

10071

(ii) The maximum number of infants, toddlers, ~~preschool~~	10072
preschool-age children, or ~~school~~school-age children served by	10073
the program at one time;	10074

(iii) The number of adults providing child care for the	10075
number of infants, toddlers, ~~preschool~~preschool-age children, or	10076
~~school~~school-age children;	10077

(iv) Any changes in the rules made subsequent to the time	10078
when the rules were initially submitted to the director.	10079

The director shall maintain a record of the child care	10080
information submitted by other state departments and shall provide	10081
this information upon request to the general assembly or the	10082
public.	10083

(b) Child care programs conducted by boards of education or	10084
by chartered nonpublic schools that are conducted in school	10085
buildings and that provide child care to ~~school~~school-age	10086
children only shall be exempt from meeting or exceeding rules	10087
promulgated pursuant to this chapter.	10088

(7) Any preschool program or school child program, except a	10089
head start program, that is subject to licensure by the department	10090
of education under sections 3301.52 to 3301.59 of the Revised	10091
Code.	10092

(8) Any program providing child care that meets all of the	10093
following requirements and, on October 20, 1987, was being	10094
operated by a nonpublic school that holds a charter issued by the	10095
state board of education for kindergarten only:	10096

(a) The nonpublic school has given the notice to the state	10097
board and the director of job and family services required by	10098
Section 4 of Substitute House Bill No. 253 of the 117th general	10099
assembly;	10100

(b) The nonpublic school continues to be chartered by the	10101
state board for kindergarten, or receives and continues to hold a	10102
charter from the state board for kindergarten through grade five;	10103

10104

(d) The program is operated in accordance with rules	10105
promulgated by the state board under sections 3301.52 to 3301.57	10106
of the Revised Code.	10107

(9) A youth development program operated outside of school	10108
hours by a community-based center to which all of the following	10109
apply:	10110

(a) The children enrolled in the program are under nineteen	10111
years of age and enrolled in or eligible to be enrolled in a grade	10112
of kindergarten or above.	10113

(b) The program provides informal child care and at least two	10114
of the following supervised activities: educational, recreational,	10115
culturally enriching, social, and personal development activities.	10116

(c) The program is eligible for participation in the child	10117
and adult care food program as an outside-school-hours care center	10118
pursuant to standards established under section 3313.813 of the	10119
Revised Code.	10120

(d) The community-based center operating the program is	10121
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	10122
and (c)(3).	10123

Sec. 5104.031. (A) A child day-care center administrator	10124
shall show the director of job and family services both of the	10125
following:	10126

(1) Evidence of at least high school graduation or	10127
certification of high school equivalency by the state board of	10128
education or the appropriate agency of another state;	10129

(2) Evidence of having at least one of the following:

10130

(a) An associate, bachelor's, master's, doctoral, or other	10131
postgraduate degree in child development or early childhood	10132
education, or in a related field approved by the director, from an	10133
accredited college, university, or technical college;	10134

(b) A license designated as appropriate for teaching in an	10135
associate teaching position in a preschool setting issued by the	10136
state board of education pursuant to section 3319.22 of the	10137
Revised Code;	10138

(c) Designation under the career pathways model as an early	10139
childhood professional level three;	10140

(d) Two years of experience working as a child-care staff	10141
member in a licensed child care program, designation under the	10142
career pathways model as an early childhood professional level	10143
one, and, not later than one year after being named as	10144
administrator, designation under the career pathways model as an	10145
early childhood professional level two;	10146

(e) Two years of experience working as a child-care staff	10147
member in a licensed child care program and, except as provided in	10148
division (B) of this section, at least four courses in child	10149
development or early childhood education from an accredited	10150
college, university, or technical college;	10151

(f) Two years of experience working as a child-care staff	10152
member in a licensed child care program and a child development	10153
associate credential issued by the council for professional	10154
recognition;	10155

(g) Two years of training, including at least four courses in	10156
child development or early childhood education from an accredited	10157
college, university, or technical college;	10158

(h) An infant and toddler or early childhood credential from	10159
a program accredited by the Montessori accreditation council for	10160
teacher education.	10161

(B) A person who has two years of experience working as a	10162
child-care staff member in a child day-care center and is promoted	10163
to or designated as administrator of that center shall have one	10164
year from the date of the promotion or designation to complete the	10165
courses required by division (A)(1)(e) of this section.	10166

Sec. 5104.032. (A) All child-care staff members of a child	10167
day-care center shall be at least eighteen years of age, and shall	10168
furnish the director of job and family services evidence of at	10169
least high school graduation or certification of high school	10170
equivalency by the state board of education or the appropriate	10171
agency of another state or evidence of completion of a training	10172
program approved by the department of job and family services or	10173
state board of education, except as follows:	10174

(B) A child-care staff member may be less than eighteen years	10175
of age if the staff member is either of the following:	10176

(1) A graduate of a two-year vocational child-care training	10177
program approved by the state board of education;	10178

(2) A student enrolled in the second year of a vocational	10179
child-care training program approved by the state board of	10180
education which leads to high school graduation, provided that the	10181
student performs the student's duties in the child day-care center	10182
under the continuous supervision of an experienced child-care	10183
staff member, receives periodic supervision from the vocational	10184
child-care training program teacher-coordinator in the student's	10185
high school, and meets all other requirements of this chapter and	10186
rules adopted pursuant to this chapter.	10187

(C) A child-care staff member shall be exempt from the	10188
educational requirements of division (A) of this section if the	10189
staff member:	10190

(1) Prior to January 1, 1972, was employed or designated by a	10191
child day-care center and has been continuously employed since	10192
either by the same child day-care center employer or at the same	10193
child day-care center;	10194

(2) Is a student enrolled in the second year of a vocational	10195
child-care training program approved by the state board of	10196
education which leads to high school graduation, provided that the	10197
student performs the student's duties in the child day-care center	10198
under the continuous supervision of an experienced child-care	10199
staff member, receives periodic supervision from the vocational	10200
child-care training program teacher-coordinator in the student's	10201
high school, and meets all other requirements of this chapter and	10202
rules adopted pursuant to this chapter;	10203

(3) Is receiving or has completed the final year of	10204
instruction at home as authorized under section 3321.04 of the	10205
Revised Code or has graduated from a nonchartered, nonpublic	10206
school in Ohio.	10207

Sec. 5104.033. (A) Except as provided in division (B) of	10208
this section, each child-care staff member of a child day-care	10209
center annually shall complete fifteen hours of inservice training	10210
that includes the following subjects until the staff member has	10211
completed a total of forty-five hours of training:	10212

(1) Child development or early childhood education;

10213

(2) Child abuse recognition and prevention;

10214

(3) First aid;

10215

(4) Prevention, recognition, and management of communicable	10216
diseases.	10217

(B) A child-care staff member is exempt from the inservice	10218
training requirements established by division (A) of this section	10219
if the staff member furnishes one of the following to the director	10220
of job and family services:	10221

(1) Evidence of an associate or higher degree in child	10222
development or early childhood education from an accredited	10223
college, university, or technical college;	10224

(2) A license designated for teaching in an associate	10225
teaching position in a preschool setting issued by the state board	10226
of education;	10227

(3) Evidence of a child development associate credential;

10228

(4) Evidence of an infant and toddler or early childhood	10229
credential from a program accredited by the Montessori	10230
accreditation council for teacher education.	10231

(C) For purposes of this section, each hour of inservice	10232
training shall consist of sixty minutes of training.	10233

Sec. 5104.21. (A) The department of job and family services	10234
shall register child day camps and enforce this section and	10235
section 5104.22 of the Revised Code and the rules adopted pursuant	10236
to those sections. No person, firm, organization, institution, or	10237
agency shall operate a child day camp without annually registering	10238
with the department.	10239

(B) A person, firm, institution, organization, or agency	10240
operating any of the following programs is exempt from the	10241
provisions of this section and section 5104.22 of the Revised	10242
Code:	10243

(1) A child day camp that operates for two or less	10244
consecutive weeks and for no more than a total of two weeks during	10245
each calendar year;	10246

(2) Supervised training, instruction, or activities of	10247
children that is conducted on an organized or periodic basis no	10248
more than one day a week and for no more than six hours' duration	10249
and that is conducted in specific areas, including, but not	10250
limited to, art; drama; dance; music; gymnastics, swimming, or	10251
another athletic skill or sport; computers; or an educational	10252
subject;	10253

(3) Programs in which the department determines that at least	10254
one parent, custodian, or guardian of each child attending or	10255
participating in the child day camp is on the child day camp	10256
activity site and is readily accessible at all times, except that	10257
a child day camp on the premises of a parent's, custodian's, or	10258
guardian's place of employment shall be registered in accordance	10259
with division (A) of this section;	10260

(4) Child day camps funded and regulated or operated and	10261
regulated by any state department, other than the department of	10262
job and family services, when the department of job and family	10263
services has determined that the rules governing the child day	10264
camp are equivalent to or exceed the rules adopted pursuant to	10265
this section and section 5104.22 of the Revised Code.	10266

(C) A person, firm, organization, institution, or agency	10267
operating a child day camp that is exempt under division (B) of	10268
this section from registering under division (A) of this section	10269
may elect to register itself under division (A) of this section.	10270
All requirements of this section and the rules adopted pursuant to	10271
this section shall apply to any exempt child day camp that so	10272
elects to register.	10273

(D) The director of job and family services shall adopt	10274
pursuant to Chapter 119. of the Revised Code rules prescribing the	10275
registration form and establishing the procedure for the child day	10276
camps to register. The form shall not be longer than one	10277
typewritten page and shall state both of the following:	10278

(1) That the child day camp administrator or the	10279
administrator's representative agrees to provide the parents of	10280
each ~~school~~school-age child who attends or participates in that	10281
child day camp with the telephone number of the county department	10282
of health and the public children services agency of the county in	10283
which the child day camp is located;	10284

(2) That the child day camp administrator or the	10285
administrator's representative agrees to permit a public children	10286
services agency or the county department of health to review or	10287
inspect the child day camp if a complaint is made to that	10288
department or any other state department or public children	10289
services agency against that child day camp.	10290

(E) The department may charge a fee to register a child day	10291
camp. The fee for each child day camp shall be twenty-five	10292
dollars. No organization that operates, or owner of, child day	10293
camps shall pay a fee that exceeds two hundred fifty dollars for	10294
all of its child day camps.	10295

(F) If a child day camp that is required to register under	10296
this section fails to register with the department in accordance	10297
with this section or the rules adopted pursuant to it or if a	10298
child day camp that files a registration form under this section	10299
knowingly provides false or misleading information on the	10300
registration form, the department shall require the child day camp	10301
to register or register correctly and to pay a registration fee	10302
that equals three times the registration fee as set forth in	10303
division (E) of this section.	10304

(G) A child day camp administrator or the administrator's	10305
representative shall provide the parents of each ~~school~~school-age	10306
child who attends or participates in that child day camp with the	10307
telephone numbers of the county department of health and the	10308
county public children services agency of the county in which the	10309
child day camp is located and a statement that the parents may use	10310
these telephone numbers to contact or otherwise contact the	10311
departments or agency to make a complaint regarding the child day	10312
camp.	10313

Sec. 5104.30. (A) The department of job and family services	10314
is hereby designated as the state agency responsible for	10315
administration and coordination of federal and state funding for	10316
publicly funded child care in this state. Publicly funded child	10317
care shall be provided to the following:	10318

(1) Recipients of transitional child care as provided under	10319
section 5104.34 of the Revised Code;	10320

(2) Participants in the Ohio works first program established	10321
under Chapter 5107. of the Revised Code;	10322

(3) Individuals who would be participating in the Ohio works	10323
first program if not for a sanction under section 5107.16 of the	10324
Revised Code and who continue to participate in a work activity,	10325
developmental activity, or alternative work activity pursuant to	10326
an assignment under section 5107.42 of the Revised Code;	10327

(4) A family receiving publicly funded child care on October	10328
1, 1997, until the family's income reaches one hundred fifty per	10329
cent of the federal poverty line;	10330

(5) Subject to available funds, other individuals determined	10331
eligible in accordance with rules adopted under section 5104.38 of	10332
the Revised Code.	10333

The department shall apply to the United States department of	10334
health and human services for authority to operate a coordinated	10335
program for publicly funded child care, if the director of job and	10336
family services determines that the application is necessary. For	10337
purposes of this section, the department of job and family	10338
services may enter into agreements with other state agencies that	10339
are involved in regulation or funding of child care. The	10340
department shall consider the special needs of migrant workers	10341
when it administers and coordinates publicly funded child care and	10342
shall develop appropriate procedures for accommodating the needs	10343
of migrant workers for publicly funded child care.	10344

(B) The department of job and family services shall	10345
distribute state and federal funds for publicly funded child care,	10346
including appropriations of state funds for publicly funded child	10347
care and appropriations of federal funds available under the child	10348
care block grant act, Title IV-A, and Title XX. The department may	10349
use any state funds appropriated for publicly funded child care as	10350
the state share required to match any federal funds appropriated	10351
for publicly funded child care.	10352

(C) In the use of federal funds available under the child	10353
care block grant act, all of the following apply:	10354

(1) The department may use the federal funds to hire staff to	10355
prepare any rules required under this chapter and to administer	10356
and coordinate federal and state funding for publicly funded child	10357
care.	10358

(2) Not more than five per cent of the aggregate amount of	10359
the federal funds received for a fiscal year may be expended for	10360
administrative costs.	10361

(3) The department shall allocate and use at least four per	10362
cent of the federal funds for the following:	10363

(a) Activities designed to provide comprehensive consumer	10364
education to parents and the public;	10365

(b) Activities that increase parental choice;

10366

(c) Activities, including child care resource and referral	10367
services, designed to improve the quality, and increase the	10368
supply, of child care;	10369

(d) Establishing a ~~voluntary child day-care center~~	10370
~~quality-rating program~~tiered quality rating and improvement	10371
system in which participation in the program may allow a child	10372
day-care ~~center~~providers to be eligible for grants, technical	10373
assistance, training, or other assistance and become eligible for	10374
unrestricted monetary awards for maintaining a quality rating.	10375

(4) The department shall ensure that the federal funds will	10376
be used only to supplement, and will not be used to supplant,	10377
federal, state, and local funds available on the effective date of	10378
the child care block grant act for publicly funded child care and	10379
related programs. If authorized by rules adopted by the department	10380
pursuant to section 5104.42 of the Revised Code, county	10381
departments of job and family services may purchase child care	10382
from funds obtained through any other means.	10383

(D) The department shall encourage the development of	10384
suitable child care throughout the state, especially in areas with	10385
high concentrations of recipients of public assistance and	10386
families with low incomes. The department shall encourage the	10387
development of suitable child care designed to accommodate the	10388
special needs of migrant workers. On request, the department,	10389
through its employees or contracts with state or community child	10390
care resource and referral service organizations, shall provide	10391
consultation to groups and individuals interested in developing	10392
child care. The department of job and family services may enter	10393
into interagency agreements with the department of education, the	10394
board of regents, the department of development, and other state	10395
agencies and entities whenever the cooperative efforts of the	10396
other state agencies and entities are necessary for the department	10397
of job and family services to fulfill its duties and	10398
responsibilities under this chapter.	10399

The department shall develop and maintain a registry of	10400
persons providing child care. The director shall adopt rules	10401
pursuant to Chapter 119. of the Revised Code establishing	10402
procedures and requirements for the registry's administration.	10403

(E)(1) The director shall adopt rules in accordance with	10404
Chapter 119. of the Revised Code establishing both of the	10405
following:	10406

(a) Reimbursement ceilings for providers of publicly funded	10407
child care not later than the first day of July in each	10408
odd-numbered year;	10409

(b) A procedure for reimbursing and paying providers of	10410
publicly funded child care.	10411

(2) In establishing reimbursement ceilings under division	10412
(E)(1)(a) of this section, the director shall do all of the	10413
following:	10414

(a) Use the information obtained under division (B)(3) of	10415
section 5104.04 of the Revised Code;	10416

(b) Establish an enhanced reimbursement ceiling for providers	10417
who provide child care for caretaker parents who work	10418
nontraditional hours;	10419

(c) For a type B family day-care home provider that has	10420
received limited certification pursuant to rules adopted under	10421
division (G)(1) of section 5104.011 of the Revised Code, establish	10422
a reimbursement ceiling that is the following:	10423

(i) If the provider is a person described in division	10424
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	10425
per cent of the reimbursement ceiling that applies to a type B	10426
family day-care home certified by the same county department of	10427
job and family services pursuant to section 5104.11 of the Revised	10428
Code;	10429

(ii) If the provider is a person described in division	10430
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	10431
cent of the reimbursement ceiling that applies to a type B family	10432
day-care home certified by the same county department pursuant to	10433
section 5104.11 of the Revised Code.	10434

(d) With regard to the ~~voluntary child day-care center~~	10435
~~quality-rating program~~tiered quality rating and improvement	10436
system established pursuant to division (C)(3)(d) of this section,	10437
do both of the following:	10438

(i) Establish enhanced reimbursement ceilings for child	10439
day-care ~~centers~~providers that participate in the ~~program~~system	10440
and maintain quality ratings under the ~~program~~system;	10441

(ii) ~~Weigh~~In the case of child day-care providers that have	10442
been given access to the system by the department, weigh any	10443
reduction in reimbursement ceilings more heavily against ~~child~~	10444
~~day-care centers~~those providers that do not participate in the	10445
~~program~~system or do not maintain quality ratings under the	10446
~~program~~system.	10447

(3) In establishing reimbursement ceilings under division	10448
(E)(1)(a) of this section, the director may establish different	10449
reimbursement ceilings based on any of the following:	10450

(a) Geographic location of the provider;

10451

(b) Type of care provided;

10452

10453

(d) Special needs of the child served;

10454

(e) Whether the expanded hours of service are provided;

10455

(f) Whether weekend service is provided;

10456

(g) Whether the provider has exceeded the minimum	10457
requirements of state statutes and rules governing child care;	10458

(h) Any other factors the director considers appropriate.

10459

(F) The director shall adopt rules in accordance with Chapter	10460
119. of the Revised Code to implement the ~~voluntary child day-care~~	10461
~~center quality-rating program~~tiered quality rating and	10462
improvement system described in division (C)(3)(d) of this	10463
section.	10464

Sec. 5104.31. (A) Publicly funded child care may be provided	10465
only by the following:	10466

(1) A child day-care center or type A family day-care home,	10467
including a parent cooperative child day-care center or parent	10468
cooperative type A family day-care home, licensed by the	10469
department of job and family services pursuant to section 5104.03	10470
of the Revised Code;	10471

(2) A type B family day-care home certified by the county	10472
department of job and family services pursuant to section 5104.11	10473
of the Revised Code;	10474

(3) A type B family day-care home that has received a limited	10475
certification pursuant to rules adopted under division (G)(1) of	10476
section 5104.011 of the Revised Code;	10477

(4) An in-home aide who has been certified by the county	10478
department of job and family services pursuant to section 5104.12	10479
of the Revised Code;	10480

(5) A child day camp approved pursuant to section 5104.22 of	10481
the Revised Code;	10482

(6) A licensed preschool program;

10483

(7) A licensed school child program;

10484

(8) A border state child care provider, except that a border	10485
state child care provider may provide publicly funded child care	10486
only to an individual who resides in an Ohio county that borders	10487
the state in which the provider is located.	10488

(B) Publicly funded child day-care may be provided in a	10489
child's own home only by an in-home aide.	10490

(C) Beginning July 1, 2020, publicly funded child care may be	10491
provided only by a provider that is rated through the tiered	10492
quality rating and improvement system established pursuant to	10493
section 5104.30 of the Revised Code.	10494

Sec. 5104.34. (A)(1) Each county department of job and	10495
family services shall implement procedures for making	10496
determinations of eligibility for publicly funded child care.	10497
Under those procedures, the eligibility determination for each	10498
applicant shall be made no later than thirty calendar days from	10499
the date the county department receives a completed application	10500
for publicly funded child care. Each applicant shall be notified	10501
promptly of the results of the eligibility determination. An	10502
applicant aggrieved by a decision or delay in making an	10503
eligibility determination may appeal the decision or delay to the	10504
department of job and family services in accordance with section	10505
5101.35 of the Revised Code. The due process rights of applicants	10506
shall be protected.	10507

To the extent permitted by federal law, the county department	10508
may make all determinations of eligibility for publicly funded	10509
child care, may contract with child care providers or child care	10510
resource and referral service organizations for the providers or	10511
resource and referral service organizations to make all or any	10512
part of the determinations, and may contract with child care	10513
providers or child care resource and referral service	10514
organizations for the providers or resource and referral service	10515
organizations to collect specified information for use by the	10516
county department in making determinations. If a county department	10517
contracts with a child care provider or a child care resource and	10518
referral service organization for eligibility determinations or	10519
for the collection of information, the contract shall require the	10520
provider or resource and referral service organization to make	10521
each eligibility determination no later than thirty calendar days	10522
from the date the provider or resource and referral organization	10523
receives a completed application that is the basis of the	10524
determination and to collect and transmit all necessary	10525
information to the county department within a period of time that	10526
enables the county department to make each eligibility	10527
determination no later than thirty days after the filing of the	10528
application that is the basis of the determination.	10529

The county department may station employees of the department	10530
in various locations throughout the county to collect information	10531
relevant to applications for publicly funded child care and to	10532
make eligibility determinations. The county department, child care	10533
provider, and child care resource and referral service	10534
organization shall make each determination of eligibility for	10535
publicly funded child care no later than thirty days after the	10536
filing of the application that is the basis of the determination,	10537
shall make each determination in accordance with any relevant	10538
rules adopted pursuant to section 5104.38 of the Revised Code, and	10539
shall notify promptly each applicant for publicly funded child	10540
care of the results of the determination of the applicant's	10541
eligibility.	10542

The director of job and family services shall adopt rules in	10543
accordance with Chapter 119. of the Revised Code for monitoring	10544
the eligibility determination process. In accordance with those	10545
rules, the state department shall monitor eligibility	10546
determinations made by county departments of job and family	10547
services and shall direct any entity that is not in compliance	10548
with this division or any rule adopted under this division to	10549
implement corrective action specified by the department.	10550

(2) All eligibility determinations for publicly funded child	10551
care shall be made in accordance with rules adopted pursuant to	10552
division (A) of section 5104.38 of the Revised Code and, if a	10553
county department of job and family services specifies, pursuant	10554
to rules adopted under division (B) of that section, a maximum	10555
amount of income a family may have to be eligible for publicly	10556
funded child care, the income maximum specified by the county	10557
department. Publicly funded child care may be provided only to	10558
eligible infants, toddlers, ~~preschool~~preschool-age children, and	10559
~~school~~school-age children under age thirteen. For an applicant to	10560
be eligible for publicly funded child care, the caretaker parent	10561
must be employed or participating in a program of education or	10562
training for an amount of time reasonably related to the time that	10563
the parent's children are receiving publicly funded child care.	10564
This restriction does not apply to families whose children are	10565
eligible for protective child care.	10566

Subject to available funds, a county department of job and	10567
family services shall allow a family to receive publicly funded	10568
child care unless the family's income exceeds the maximum income	10569
eligibility limit. Initial and continued eligibility for publicly	10570
funded child care is subject to available funds unless the family	10571
is receiving child care pursuant to division (A)(1), (2), (3), or	10572
(4) of section 5104.30 of the Revised Code. If the county	10573
department must limit eligibility due to lack of available funds,	10574
it shall give first priority for publicly funded child care to an	10575
assistance group whose income is not more than the maximum income	10576
eligibility limit that received transitional child care in the	10577
previous month but is no longer eligible because the twelve-month	10578
period has expired. Such an assistance group shall continue to	10579
receive priority for publicly funded child care until its income	10580
exceeds the maximum income eligibility limit.	10581

(3) An assistance group that ceases to participate in the	10582
Ohio works first program established under Chapter 5107. of the	10583
Revised Code is eligible for transitional child care at any time	10584
during the immediately following twelve-month period that both of	10585
the following apply:	10586

(a) The assistance group requires child care due to	10587
employment;	10588

(b) The assistance group's income is not more than one	10589
hundred fifty per cent of the federal poverty line.	10590

An assistance group ineligible to participate in the Ohio	10591
works first program pursuant to section 5101.83 or section 5107.16	10592
of the Revised Code is not eligible for transitional child care.	10593

(B) To the extent permitted by federal law, a county	10594
department of job and family services may require a caretaker	10595
parent determined to be eligible for publicly funded child care to	10596
pay a fee according to the schedule of fees established in rules	10597
adopted under section 5104.38 of the Revised Code. Each county	10598
department shall make protective child care services available to	10599
children without regard to the income or assets of the caretaker	10600
parent of the child.	10601

(C) A caretaker parent receiving publicly funded child care	10602
shall report to the entity that determined eligibility any changes	10603
in status with respect to employment or participation in a program	10604
of education or training not later than ten calendar days after	10605
the change occurs.	10606

(D) If a county department of job and family services	10607
determines that available resources are not sufficient to provide	10608
publicly funded child care to all eligible families who request	10609
it, the county department may establish a waiting list. A county	10610
department may establish separate waiting lists within the waiting	10611
list based on income. When resources become available to provide	10612
publicly funded child care to families on the waiting list, a	10613
county department that establishes a waiting list shall assess the	10614
needs of the next family scheduled to receive publicly funded	10615
child care. If the assessment demonstrates that the family	10616
continues to need and is eligible for publicly funded child care,	10617
the county department shall offer it to the family. If the county	10618
department determines that the family is no longer eligible or no	10619
longer needs publicly funded child care, the county department	10620
shall remove the family from the waiting list.	10621

(E) A caretaker parent shall not receive full-time publicly	10622
funded child care from more than one child care provider per child	10623
during any period.	10624

(F) As used in this section, "maximum income eligibility	10625
limit" means the amount of income specified in rules adopted under	10626
division (A) of section 5104.38 of the Revised Code or, if a	10627
county department of job and family services specifies a higher	10628
amount pursuant to rules adopted under division (B) of that	10629
section, the amount the county department specifies.	10630

Sec. 5104.38. In addition to any other rules adopted under	10631
this chapter, the director of job and family services shall adopt	10632
rules in accordance with Chapter 119. of the Revised Code	10633
governing financial and administrative requirements for publicly	10634
funded child care and establishing all of the following:	10635

(A) Procedures and criteria to be used in making	10636
determinations of eligibility for publicly funded child care that	10637
give priority to children of families with lower incomes and	10638
procedures and criteria for eligibility for publicly funded	10639
protective child care. The rules shall specify the maximum amount	10640
of income a family may have for initial and continued eligibility.	10641
The maximum amount shall not exceed two hundred per cent of the	10642
federal poverty line. The rules may specify exceptions to the	10643
eligibility requirements in the case of a family that previously	10644
received publicly funded child care and is seeking to have the	10645
child care reinstated after the family's eligibility was	10646
terminated.	10647

(B) Procedures under which a county department of job and	10648
family services may, if the department, under division (A) of this	10649
section, specifies a maximum amount of income a family may have	10650
for eligibility for publicly funded child care that is less than	10651
the maximum amount specified in that division, specify a maximum	10652
amount of income a family residing in the county the county	10653
department serves may have for initial and continued eligibility	10654
for publicly funded child care that is higher than the amount	10655
specified by the department but does not exceed the maximum amount	10656
specified in division (A) of this section;	10657

(C) A schedule of fees requiring all eligible caretaker	10658
parents to pay a fee for publicly funded child care according to	10659
income and family size, which shall be uniform for all types of	10660
publicly funded child care, except as authorized by rule, and, to	10661
the extent permitted by federal law, shall permit the use of state	10662
and federal funds to pay the customary deposits and other advance	10663
payments that a provider charges all children who receive child	10664
care from that provider. The schedule of fees may not provide for	10665
a caretaker parent to pay a fee that exceeds ten per cent of the	10666
parent's family income.	10667

(D) A formula for determining the amount of state and federal	10668
funds appropriated for publicly funded child care that may be	10669
allocated to a county department to use for administrative	10670
purposes;	10671

(E) Procedures to be followed by the department and county	10672
departments in recruiting individuals and groups to become	10673
providers of child care;	10674

(F) Procedures to be followed in establishing state or local	10675
programs designed to assist individuals who are eligible for	10676
publicly funded child care in identifying the resources available	10677
to them and to refer the individuals to appropriate sources to	10678
obtain child care;	10679

(G) Procedures to deal with fraud and abuse committed by	10680
either recipients or providers of publicly funded child care;	10681

(H) Procedures for establishing a child care grant or loan	10682
program in accordance with the child care block grant act;	10683

(I) Standards and procedures for applicants to apply for	10684
grants and loans, and for the department to make grants and loans;	10685

(J) A definition of "person who stands in loco parentis" for	10686
the purposes of division ~~(JJ)~~(KK)(1) of section 5104.01 of the	10687
Revised Code;	10688

(K) Procedures for a county department of job and family	10689
services to follow in making eligibility determinations and	10690
redeterminations for publicly funded child care available through	10691
telephone, computer, and other means at locations other than the	10692
county department;	10693

(L) If the director establishes a different reimbursement	10694
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	10695
Code, standards and procedures for determining the amount of the	10696
higher payment that is to be issued to a child care provider based	10697
on the special needs of the child being served;	10698

(M) To the extent permitted by federal law, procedures for	10699
paying for up to thirty days of child care for a child whose	10700
caretaker parent is seeking employment, taking part in employment	10701
orientation activities, or taking part in activities in	10702
anticipation of enrolling in or attending an education or training	10703
program or activity, if the employment or the education or	10704
training program or activity is expected to begin within the	10705
thirty-day period;	10706

(N) Any other rules necessary to carry out sections 5104.30	10707
to 5104.43 of the Revised Code.	10708

Sec. 5123.022. It is hereby declared to be the policy of this	10709
state that employment services for individuals with developmental	10710
disabilities be directed at placement whenever possible of each	10711
individual in a position in the community in which the individual	10712
is integrated with the employer's other workers who are not	10713
developmentally disabled. The departments of developmental	10714
disabilities, education, job and family services, and mental	10715
health; the rehabilitation services commission; and each other	10716
state agency that provides employment services to individuals with	10717
developmental disabilities shall implement this policy and ensure	10718
that it is followed whenever employment services are provided to	10719
individuals with developmental disabilities.	10720

The department of developmental disabilities shall coordinate	10721
the actions taken by state agencies to comply with the state's	10722
policy. Agencies shall collaborate within their divisions and with	10723
each other to ensure that state programs, policies, procedures,	10724
and funding support competitive and integrated employment of	10725
individuals with developmental disabilities. State agencies shall	10726
share information with the department, and the department shall	10727
track progress toward full implementation of the policy. The	10728
department, in coordination with any task force established by the	10729
governor, shall compile data and annually submit to the governor a	10730
report on implementation of the policy.	10731

The department and state agencies may adopt rules to	10732
implement the policy.	10733

The policy articulated in this section is intended to promote	10734
the right of each individual with a developmental disability to	10735
informed choice; however, nothing in this section requires any	10736
employer to give preference in hiring to an individual because the	10737
individual has a disability.	10738

Sec. 5126.0222. As used in this section, "specialized	10739
services" has the same meaning as in section 5123.081 of the	10740
Revised Code.	10741

Notwithstanding any provision of the Revised Code to the	10742
contrary, including applicable provisions of sections 102.03,	10743
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	10744
county board of developmental disabilities also may be a member of	10745
the governing board of a political subdivision, including the	10746
board of education of a school district, or an agency that does	10747
not provide specialized services. The county board may contract	10748
with such a governing board even though the governing board	10749
includes an individual who is an employee of the county board.	10750
That member of the governing board may not vote on any matter	10751
before the governing board concerning a contract with the county	10752
board or participate in any discussion or debate regarding such a	10753
contract.	10754

Sec. 5709.83. (A) Except as otherwise provided in division	10755
(B) or (C) of this section, prior to taking formal action to adopt	10756
or enter into any instrument granting a tax exemption under	10757
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63,	10758
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised	10759
Code or formally approving an agreement under section 3735.671 of	10760
the Revised Code, or prior to forwarding an application for a tax	10761
exemption for residential property under section 3735.67 of the	10762
Revised Code to the county auditor, the legislative authority of	10763
the political subdivision or housing officer shall notify the	10764
board of education of each city, local, exempted village, or joint	10765
vocational school district in which the proposed tax-exempted	10766
property is located. The notice shall include a copy of the	10767
instrument or application. The notice shall be delivered not later	10768
than fourteen days prior to the day the legislative authority	10769
takes formal action to adopt or enter into the instrument, or not	10770
later than fourteen days prior to the day the housing officer	10771
forwards the application to the county auditor. If the board of	10772
education comments on the instrument or application to the	10773
legislative authority or housing officer, the legislative	10774
authority or housing officer shall consider the comments. If the	10775
board of education of the city, local, exempted village, or joint	10776
vocational school district so requests, the legislative authority	10777
or the housing officer shall meet in person with a representative	10778
designated by the board of education to discuss the terms of the	10779
instrument or application.	10780

(B) The notice otherwise required to be provided to boards of	10781
education under division (A) of this section is not required if	10782
the board has adopted a resolution waiving its right to receive	10783
such notices, and that resolution remains in effect. If a board of	10784
education adopts such a resolution, the board shall cause a copy	10785
of the resolution to be certified to the legislative authority. If	10786
the board of education rescinds such a resolution, it shall	10787
certify notice of the rescission to the legislative authority. A	10788
board of education may adopt such a resolution with respect to any	10789
one or more counties, townships, or municipal corporations	10790
situated in whole or in part within the school district.	10791

(C) If a legislative authority is required to provide notice	10792
to a city, local, or exempted village school district of its	10793
intent to grant such an exemption as required by section 5709.40,	10794
5709.41, 5709.73, or 5709.78 of the Revised Code, the legislative	10795
authority, before adopting a resolution or ordinance under that	10796
section, shall notify the board of education of each joint	10797
vocational school district in which the property to be exempted is	10798
located using the same time requirements for the notice that	10799
applies to notices to city, local, and exempted village school	10800
districts. ~~The notice shall be delivered not later than forty-five~~	10801
~~days before the day the legislative authority adopts a resolution~~	10802
~~or ordinance under any of those sections.~~ The content of the	10803
notice and procedures for responding to the notice are the same as	10804
required in division (A) of this section.	10805

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	10806
the Revised Code:	10807

(1) "School district," "joint vocational school district,"	10808
"local taxing unit," "recognized valuation," "fixed-rate levy,"	10809
and "fixed-sum levy" have the same meanings as used in section	10810
5727.84 of the Revised Code.	10811

(2) "State education aid" for a school district means the	10812
following:	10813

(a) For fiscal years prior to fiscal year 2010, the sum of	10814
state aid amounts computed for the district under the following	10815
provisions, as they existed for the applicable fiscal year:	10816
division (A) of section 3317.022 of the Revised Code, including	10817
the amounts calculated under sections 3317.029 and 3317.0217 of	10818
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	10819
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	10820
divisions (L) and (N) of section 3317.024; section 3317.0216; and	10821
any unit payments for gifted student services paid under sections	10822
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	10823
for fiscal years 2008 and 2009, the amount computed for the	10824
district under Section 269.20.80 of H.B. 119 of the 127th general	10825
assembly and as that section subsequently may be amended shall be	10826
substituted for the amount computed under division (D) of section	10827
3317.022 of the Revised Code, and the amount computed under	10828
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10829
that section subsequently may be amended shall be included.	10830

(b) For fiscal years 2010 and 2011, the sum of the amounts	10831
computed under former sections 3306.052, 3306.12, 3306.13,	10832
3306.19, 3306.191, and 3306.192 of the Revised Code;	10833

(c) For fiscal years 2012 and 2013, the ~~amount~~sum of the	10834
amounts paid ~~in accordance with the section~~under Sections	10835
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th	10836
general assembly ~~entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND~~	10837
~~LOCAL SCHOOL DISTRICTS~~."	10838

(3) "State education aid" for a joint vocational school	10839
district means the following:	10840

(a) For fiscal years prior to fiscal year 2010, the sum of	10841
the state aid computed for the district under division (N) of	10842
section 3317.024 and section 3317.16 of the Revised Code, except	10843
that, for fiscal years 2008 and 2009, the amount computed under	10844
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10845
that section subsequently may be amended shall be included.	10846

(b) For fiscal years 2010 and 2011, the amount paid in	10847
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	10848
128th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	10849
~~SCHOOL DISTRICTS~~."	10850

(c) For fiscal years 2012 and 2013, the amount paid in	10851
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	10852
129th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	10853
~~SCHOOL DISTRICTS~~."	10854

(4) "State education aid offset" means the amount determined	10855
for each school district or joint vocational school district under	10856
division (A)(1) of section 5751.21 of the Revised Code.	10857

(5) "Machinery and equipment property tax value loss" means	10858
the amount determined under division (C)(1) of this section.	10859

(6) "Inventory property tax value loss" means the amount	10860
determined under division (C)(2) of this section.	10861

(7) "Furniture and fixtures property tax value loss" means	10862
the amount determined under division (C)(3) of this section.	10863

(8) "Machinery and equipment fixed-rate levy loss" means the	10864
amount determined under division (D)(1) of this section.	10865

(9) "Inventory fixed-rate levy loss" means the amount	10866
determined under division (D)(2) of this section.	10867

(10) "Furniture and fixtures fixed-rate levy loss" means the	10868
amount determined under division (D)(3) of this section.	10869

(11) "Total fixed-rate levy loss" means the sum of the	10870
machinery and equipment fixed-rate levy loss, the inventory	10871
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	10872
loss, and the telephone company fixed-rate levy loss.	10873

(12) "Fixed-sum levy loss" means the amount determined under	10874
division (E) of this section.	10875

(13) "Machinery and equipment" means personal property	10876
subject to the assessment rate specified in division (F) of	10877
section 5711.22 of the Revised Code.	10878

(14) "Inventory" means personal property subject to the	10879
assessment rate specified in division (E) of section 5711.22 of	10880
the Revised Code.	10881

(15) "Furniture and fixtures" means personal property subject	10882
to the assessment rate specified in division (G) of section	10883
5711.22 of the Revised Code.	10884

(16) "Qualifying levies" are levies in effect for tax year	10885
2004 or applicable to tax year 2005 or approved at an election	10886
conducted before September 1, 2005. For the purpose of determining	10887
the rate of a qualifying levy authorized by section 5705.212 or	10888
5705.213 of the Revised Code, the rate shall be the rate that	10889
would be in effect for tax year 2010.	10890

(17) "Telephone property" means tangible personal property of	10891
a telephone, telegraph, or interexchange telecommunications	10892
company subject to an assessment rate specified in section	10893
5727.111 of the Revised Code in tax year 2004.	10894

(18) "Telephone property tax value loss" means the amount	10895
determined under division (C)(4) of this section.	10896

(19) "Telephone property fixed-rate levy loss" means the	10897
amount determined under division (D)(4) of this section.	10898

(20) "Taxes charged and payable" means taxes charged and	10899
payable after the reduction required by section 319.301 of the	10900
Revised Code but before the reductions required by sections	10901
319.302 and 323.152 of the Revised Code.	10902

(21) "Median estate tax collections" means, in the case of a	10903
municipal corporation to which revenue from the taxes levied in	10904
Chapter 5731. of the Revised Code was distributed in each of	10905
calendar years 2006, 2007, 2008, and 2009, the median of those	10906
distributions. In the case of a municipal corporation to which no	10907
distributions were made in one or more of those years, "median	10908
estate tax collections" means zero.	10909

(22) "Total resources," in the case of a school district,	10910
means the sum of the amounts in divisions (A)(22)(a) to (h) of	10911
this section less any reduction required under division (A)(32) of	10912
this section.	10913

(a) The state education aid for fiscal year 2010;

10914

(b) The sum of the payments received by the school district	10915
in fiscal year 2010 for current expense levy losses pursuant to	10916
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	10917
section 5751.21 of the Revised Code, excluding the portion of such	10918
payments attributable to levies for joint vocational school	10919
district purposes;	10920

(c) The sum of fixed-sum levy loss payments received by the	10921
school district in fiscal year 2010 pursuant to division (E)(1) of	10922
section 5727.85 and division (E)(1) of section 5751.21 of the	10923
Revised Code for fixed-sum levies imposed for a purpose other than	10924
paying debt charges;	10925

(d) Fifty per cent of the school district's taxes charged and	10926
payable against all property on the tax list of real and public	10927
utility property for current expense purposes for tax year 2008,	10928
including taxes charged and payable from emergency levies imposed	10929
under section 5709.194 of the Revised Code and excluding taxes	10930
levied for joint vocational school district purposes;	10931

(e) Fifty per cent of the school district's taxes charged and	10932
payable against all property on the tax list of real and public	10933
utility property for current expenses for tax year 2009, including	10934
taxes charged and payable from emergency levies and excluding	10935
taxes levied for joint vocational school district purposes;	10936

(f) The school district's taxes charged and payable against	10937
all property on the general tax list of personal property for	10938
current expenses for tax year 2009, including taxes charged and	10939
payable from emergency levies;	10940

(g) The amount certified for fiscal year 2010 under division	10941
(A)(2) of section 3317.08 of the Revised Code;	10942

(h) Distributions received during calendar year 2009 from	10943
taxes levied under section 718.09 of the Revised Code.	10944

(23) "Total resources," in the case of a joint vocational	10945
school district, means the sum of amounts in divisions (A)(23)(a)	10946
to (g) of this section less any reduction required under division	10947
(A)(32) of this section.	10948

(a) The state education aid for fiscal year 2010;

10949

(b) The sum of the payments received by the joint vocational	10950
school district in fiscal year 2010 for current expense levy	10951
losses pursuant to division (C)(2) of section 5727.85 and	10952
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	10953

(c) Fifty per cent of the joint vocational school district's	10954
taxes charged and payable against all property on the tax list of	10955
real and public utility property for current expense purposes for	10956
tax year 2008;	10957

(d) Fifty per cent of the joint vocational school district's	10958
taxes charged and payable against all property on the tax list of	10959
real and public utility property for current expenses for tax year	10960
2009;	10961

(e) Fifty per cent of a city, local, or exempted village	10962
school district's taxes charged and payable against all property	10963
on the tax list of real and public utility property for current	10964
expenses of the joint vocational school district for tax year	10965
2008;	10966

(f) Fifty per cent of a city, local, or exempted village	10967
school district's taxes charged and payable against all property	10968
on the tax list of real and public utility property for current	10969
expenses of the joint vocational school district for tax year	10970
2009;	10971

(g) The joint vocational school district's taxes charged and	10972
payable against all property on the general tax list of personal	10973
property for current expenses for tax year 2009.	10974

(24) "Total resources," in the case of county mental health	10975
and disability related functions, means the sum of the amounts in	10976
divisions (A)(24)(a) and (b) of this section less any reduction	10977
required under division (A)(32) of this section.	10978

(a) The sum of the payments received by the county for mental	10979
health and developmental disability related functions in calendar	10980
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	10981
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	10982
they existed at that time;	10983

(b) With respect to taxes levied by the county for mental	10984
health and developmental disability related purposes, the taxes	10985
charged and payable for such purposes against all property on the	10986
tax list of real and public utility property for tax year 2009.	10987

(25) "Total resources," in the case of county senior services	10988
related functions, means the sum of the amounts in divisions	10989
(A)(25)(a) and (b) of this section less any reduction required	10990
under division (A)(32) of this section.	10991

(a) The sum of the payments received by the county for senior	10992
services related functions in calendar year 2010 under division	10993
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10994
5751.22 of the Revised Code as they existed at that time;	10995

(b) With respect to taxes levied by the county for senior	10996
services related purposes, the taxes charged and payable for such	10997
purposes against all property on the tax list of real and public	10998
utility property for tax year 2009.	10999

(26) "Total resources," in the case of county children's	11000
services related functions, means the sum of the amounts in	11001
divisions (A)(26)(a) and (b) of this section less any reduction	11002
required under division (A)(32) of this section.	11003

(a) The sum of the payments received by the county for	11004
children's services related functions in calendar year 2010 under	11005
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	11006
section 5751.22 of the Revised Code as they existed at that time;	11007

(b) With respect to taxes levied by the county for children's	11008
services related purposes, the taxes charged and payable for such	11009
purposes against all property on the tax list of real and public	11010
utility property for tax year 2009.	11011

(27) "Total resources," in the case of county public health	11012
related functions, means the sum of the amounts in divisions	11013
(A)(27)(a) and (b) of this section less any reduction required	11014
under division (A)(32) of this section.	11015

(a) The sum of the payments received by the county for public	11016
health related functions in calendar year 2010 under division	11017
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	11018
5751.22 of the Revised Code as they existed at that time;	11019

(b) With respect to taxes levied by the county for public	11020
health related purposes, the taxes charged and payable for such	11021
purposes against all property on the tax list of real and public	11022
utility property for tax year 2009.	11023

(28) "Total resources," in the case of all county functions	11024
not included in divisions (A)(24) to (27) of this section, means	11025
the sum of the amounts in divisions (A)(28)(a) to (d) of this	11026
section less any reduction required under division (A)(32) of this	11027
section.	11028

(a) The sum of the payments received by the county for all	11029
other purposes in calendar year 2010 under division (A)(1) of	11030
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	11031
the Revised Code as they existed at that time;	11032

(b) The county's percentage share of county undivided local	11033
government fund allocations as certified to the tax commissioner	11034
for calendar year 2010 by the county auditor under division (J) of	11035
section 5747.51 of the Revised Code or division (F) of section	11036
5747.53 of the Revised Code multiplied by the total amount	11037
actually distributed in calendar year 2010 from the county	11038
undivided local government fund;	11039

(c) With respect to taxes levied by the county for all other	11040
purposes, the taxes charged and payable for such purposes against	11041
all property on the tax list of real and public utility property	11042
for tax year 2009, excluding taxes charged and payable for the	11043
purpose of paying debt charges;	11044

(d) The sum of the amounts distributed to the county in	11045
calendar year 2010 for the taxes levied pursuant to sections	11046
5739.021 and 5741.021 of the Revised Code.	11047

(29) "Total resources," in the case of a municipal	11048
corporation, means the sum of the amounts in divisions (A)(29)(a)	11049
to (g) of this section less any reduction required under division	11050
(A)(32) of this section.	11051

(a) The sum of the payments received by the municipal	11052
corporation in calendar year 2010 under division (A)(1) of section	11053
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	11054
Revised Code as they existed at that time;	11055

(b) The municipal corporation's percentage share of county	11056
undivided local government fund allocations as certified to the	11057
tax commissioner for calendar year 2010 by the county auditor	11058
under division (J) of section 5747.51 of the Revised Code or	11059
division (F) of section 5747.53 of the Revised Code multiplied by	11060
the total amount actually distributed in calendar year 2010 from	11061
the county undivided local government fund;	11062

(c) The sum of the amounts distributed to the municipal	11063
corporation in calendar year 2010 pursuant to section 5747.50 of	11064
the Revised Code;	11065

(d) With respect to taxes levied by the municipal	11066
corporation, the taxes charged and payable against all property on	11067
the tax list of real and public utility property for current	11068
expenses, defined in division (A)(33) of this section, for tax	11069
year 2009;	11070

(e) The amount of admissions tax collected by the municipal	11071
corporation in calendar year 2008, or if such information has not	11072
yet been reported to the tax commissioner, in the most recent year	11073
before 2008 for which the municipal corporation has reported data	11074
to the commissioner;	11075

(f) The amount of income taxes collected by the municipal	11076
corporation in calendar year 2008, or if such information has not	11077
yet been reported to the tax commissioner, in the most recent year	11078
before 2008 for which the municipal corporation has reported data	11079
to the commissioner;	11080

(g) The municipal corporation's median estate tax	11081
collections.	11082

(30) "Total resources," in the case of a township, means the	11083
sum of the amounts in divisions (A)(30)(a) to (c) of this section	11084
less any reduction required under division (A)(32) of this	11085
section.	11086

(a) The sum of the payments received by the township in	11087
calendar year 2010 pursuant to division (A)(1) of section 5727.86	11088
of the Revised Code and divisions (A)(1) and (2) of section	11089
5751.22 of the Revised Code as they existed at that time,	11090
excluding payments received for debt purposes;	11091

(b) The township's percentage share of county undivided local	11092
government fund allocations as certified to the tax commissioner	11093
for calendar year 2010 by the county auditor under division (J) of	11094
section 5747.51 of the Revised Code or division (F) of section	11095
5747.53 of the Revised Code multiplied by the total amount	11096
actually distributed in calendar year 2010 from the county	11097
undivided local government fund;	11098

(c) With respect to taxes levied by the township, the taxes	11099
charged and payable against all property on the tax list of real	11100
and public utility property for tax year 2009 excluding taxes	11101
charged and payable for the purpose of paying debt charges.	11102

(31) "Total resources," in the case of a local taxing unit	11103
that is not a county, municipal corporation, or township, means	11104
the sum of the amounts in divisions (A)(31)(a) to (e) of this	11105
section less any reduction required under division (A)(32) of this	11106
section.	11107

(a) The sum of the payments received by the local taxing unit	11108
in calendar year 2010 pursuant to division (A)(1) of section	11109
5727.86 of the Revised Code and divisions (A)(1) and (2) of	11110
section 5751.22 of the Revised Code as they existed at that time;	11111

(b) The local taxing unit's percentage share of county	11112
undivided local government fund allocations as certified to the	11113
tax commissioner for calendar year 2010 by the county auditor	11114
under division (J) of section 5747.51 of the Revised Code or	11115
division (F) of section 5747.53 of the Revised Code multiplied by	11116
the total amount actually distributed in calendar year 2010 from	11117
the county undivided local government fund;	11118

(c) With respect to taxes levied by the local taxing unit,	11119
the taxes charged and payable against all property on the tax list	11120
of real and public utility property for tax year 2009 excluding	11121
taxes charged and payable for the purpose of paying debt charges;	11122

(d) The amount received from the tax commissioner during	11123
calendar year 2010 for sales or use taxes authorized under	11124
sections 5739.023 and 5741.022 of the Revised Code;	11125

(e) For institutions of higher education receiving tax	11126
revenue from a local levy, as identified in section 3358.02 of the	11127
Revised Code, the final state share of instruction allocation for	11128
fiscal year 2010 as calculated by the board of regents and	11129
reported to the state controlling board.	11130

(32) If a fixed-rate levy that is a qualifying levy is not	11131
imposed in any year after tax year 2010, "total resources" used to	11132
compute payments to be made under division (C)(12) of section	11133
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	11134
Revised Code in the tax years following the last year the levy is	11135
imposed shall be reduced by the amount of payments attributable to	11136
the fixed-rate levy loss of that levy as would be computed under	11137
division (C)(2) of section 5727.85, division (A)(1) of section	11138
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	11139
(A)(1) of section 5751.22 of the Revised Code.	11140

(33) "Municipal current expense property tax levies" means	11141
all property tax levies of a municipality, except those with the	11142
following levy names: airport resurfacing; bond or any levy name	11143
including the word "bond"; capital improvement or any levy name	11144
including the word "capital"; debt or any levy name including the	11145
word "debt"; equipment or any levy name including the word	11146
"equipment," unless the levy is for combined operating and	11147
equipment; employee termination fund; fire pension or any levy	11148
containing the word "pension," including police pensions;	11149
fireman's fund or any practically similar name; sinking fund; road	11150
improvements or any levy containing the word "road"; fire truck or	11151
apparatus; flood or any levy containing the word "flood";	11152
conservancy district; county health; note retirement; sewage, or	11153
any levy containing the words "sewage" or "sewer"; park	11154
improvement; parkland acquisition; storm drain; street or any levy	11155
name containing the word "street"; lighting, or any levy name	11156
containing the word "lighting"; and water.	11157

(34) "Current expense TPP allocation" means, in the case of a	11158
school district or joint vocational school district, the sum of	11159
the payments received by the school district in fiscal year 2011	11160
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	11161
Revised Code to the extent paid for current expense levies. In the	11162
case of a municipal corporation, "current expense TPP allocation"	11163
means the sum of the payments received by the municipal	11164
corporation in calendar year 2010 pursuant to divisions (A)(1) and	11165
(2) of section 5751.22 of the Revised Code to the extent paid for	11166
municipal current expense property tax levies as defined in	11167
division (A)(33) of this section. If a fixed-rate levy that is a	11168
qualifying levy is not imposed in any year after tax year 2010,	11169
"current expense TPP allocation" used to compute payments to be	11170
made under division (C)(12) of section 5751.21 or division	11171
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	11172
years following the last year the levy is imposed shall be reduced	11173
by the amount of payments attributable to the fixed-rate levy loss	11174
of that levy as would be computed under divisions (C)(10) and (11)	11175
of section 5751.21 or division (A)(1) of section 5751.22 of the	11176
Revised Code.	11177

(35) "TPP allocation" means the sum of payments received by a	11178
local taxing unit in calendar year 2010 pursuant to divisions	11179
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	11180
fixed-rate levy that is a qualifying levy is not imposed in any	11181
year after tax year 2010, "TPP allocation" used to compute	11182
payments to be made under division (A)(1)(b) or (c) of section	11183
5751.22 of the Revised Code in the tax years following the last	11184
year the levy is imposed shall be reduced by the amount of payment	11185
attributable to the fixed-rate levy loss of that levy as would be	11186
computed under division (A)(1) of that section.	11187

(36) "Total TPP allocation" means, in the case of a school	11188
district or joint vocational school district, the sum of the	11189
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	11190
and (11) and (D) of section 5751.21 of the Revised Code. In the	11191
case of a local taxing unit, "total TPP allocation" means the sum	11192
of payments received by the unit in calendar year 2010 pursuant to	11193
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	11194
Code. If a fixed-rate levy that is a qualifying levy is not	11195
imposed in any year after tax year 2010, "total TPP allocation"	11196
used to compute payments to be made under division (C)(12) of	11197
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	11198
the Revised Code in the tax years following the last year the levy	11199
is imposed shall be reduced by the amount of payments attributable	11200
to the fixed-rate levy loss of that levy as would be computed	11201
under divisions (C)(10) and (11) of section 5751.21 or division	11202
(A)(1) of section 5751.22 of the Revised Code.	11203

(37) "Non-current expense TPP allocation" means the	11204
difference of total TPP allocation minus the sum of current	11205
expense TPP allocation and the portion of total TPP allocation	11206
constituting reimbursement for debt levies, pursuant to division	11207
(D) of section 5751.21 of the Revised Code in the case of a school	11208
district or joint vocational school district and pursuant to	11209
division (A)(3) of section 5751.22 of the Revised Code in the case	11210
of a municipal corporation.	11211

(38) "Threshold per cent" means, in the case of a school	11212
district or joint vocational school district, two per cent for	11213
fiscal year 2012 and four per cent for fiscal years 2013 and	11214
thereafter. In the case of a local taxing unit, "threshold per	11215
cent" means two per cent for tax year 2011, four per cent for tax	11216
year 2012, and six per cent for tax years 2013 and thereafter.	11217

(B) The commercial activities tax receipts fund is hereby	11218
created in the state treasury and shall consist of money arising	11219
from the tax imposed under this chapter. Eighty-five	11220
one-hundredths of one per cent of the money credited to that fund	11221
shall be credited to the tax reform system implementation fund,	11222
which is hereby created in the state treasury, and shall be used	11223
to defray the costs incurred by the department of taxation in	11224
administering the tax imposed by this chapter and in implementing	11225
tax reform measures. The remainder in the commercial activities	11226
tax receipts fund shall be credited for each fiscal year in the	11227
following percentages to the general revenue fund, to the school	11228
district tangible property tax replacement fund, which is hereby	11229
created in the state treasury for the purpose of making the	11230
payments described in section 5751.21 of the Revised Code, and to	11231
the local government tangible property tax replacement fund, which	11232
is hereby created in the state treasury for the purpose of making	11233
the payments described in section 5751.22 of the Revised Code, in	11234
the following percentages:	11235

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	11236
2006	67.7%	22.6%	9.7%	11237
2007	0%	70.0%	30.0%	11238
2008	0%	70.0%	30.0%	11239
2009	0%	70.0%	30.0%	11240
2010	0%	70.0%	30.0%	11241
2011	0%	70.0%	30.0%	11242
2012	25.0%	52.5%	22.5%	11243
2013 and thereafter	50.0%	35.0%	15.0%	11244

(C) Not later than September 15, 2005, the tax commissioner	11245
shall determine for each school district, joint vocational school	11246
district, and local taxing unit its machinery and equipment,	11247
inventory property, furniture and fixtures property, and telephone	11248
property tax value losses, which are the applicable amounts	11249
described in divisions (C)(1), (2), (3), and (4) of this section,	11250
except as provided in division (C)(5) of this section:	11251

(1) Machinery and equipment property tax value loss is the	11252
taxable value of machinery and equipment property as reported by	11253
taxpayers for tax year 2004 multiplied by:	11254

(a) For tax year 2006, thirty-three and eight-tenths per	11255
cent;	11256

(b) For tax year 2007, sixty-one and three-tenths per cent;

11257

11258

(d) For tax year 2009 and thereafter, one hundred per cent.

11259

(2) Inventory property tax value loss is the taxable value of	11260
inventory property as reported by taxpayers for tax year 2004	11261
multiplied by:	11262

(a) For tax year 2006, a fraction, the numerator of which is	11263
five and three-fourths and the denominator of which is	11264
twenty-three;	11265

(b) For tax year 2007, a fraction, the numerator of which is	11266
nine and one-half and the denominator of which is twenty-three;	11267

(c) For tax year 2008, a fraction, the numerator of which is	11268
thirteen and one-fourth and the denominator of which is	11269
twenty-three;	11270

(d) For tax year 2009 and thereafter a fraction, the	11271
numerator of which is seventeen and the denominator of which is	11272
twenty-three.	11273

(3) Furniture and fixtures property tax value loss is the	11274
taxable value of furniture and fixture property as reported by	11275
taxpayers for tax year 2004 multiplied by:	11276

(a) For tax year 2006, twenty-five per cent;

11277

(b) For tax year 2007, fifty per cent;

11278

11279

(d) For tax year 2009 and thereafter, one hundred per cent.

11280

The taxable value of property reported by taxpayers used in	11281
divisions (C)(1), (2), and (3) of this section shall be such	11282
values as determined to be final by the tax commissioner as of	11283
August 31, 2005. Such determinations shall be final except for any	11284
correction of a clerical error that was made prior to August 31,	11285
2005, by the tax commissioner.	11286

(4) Telephone property tax value loss is the taxable value of	11287
telephone property as taxpayers would have reported that property	11288
for tax year 2004 if the assessment rate for all telephone	11289
property for that year were twenty-five per cent, multiplied by:	11290

(a) For tax year 2006, zero per cent;

11291

(b) For tax year 2007, zero per cent;

11292

11293

(d) For tax year 2009, sixty per cent;

11294

(e) For tax year 2010, eighty per cent;

11295

(f) For tax year 2011 and thereafter, one hundred per cent.

11296

(5) Division (C)(5) of this section applies to any school	11297
district, joint vocational school district, or local taxing unit	11298
in a county in which is located a facility currently or formerly	11299
devoted to the enrichment or commercialization of uranium or	11300
uranium products, and for which the total taxable value of	11301
property listed on the general tax list of personal property for	11302
any tax year from tax year 2001 to tax year 2004 was fifty per	11303
cent or less of the taxable value of such property listed on the	11304
general tax list of personal property for the next preceding tax	11305
year.	11306

In computing the fixed-rate levy losses under divisions	11307
(D)(1), (2), and (3) of this section for any school district,	11308
joint vocational school district, or local taxing unit to which	11309
division (C)(5) of this section applies, the taxable value of such	11310
property as listed on the general tax list of personal property	11311
for tax year 2000 shall be substituted for the taxable value of	11312
such property as reported by taxpayers for tax year 2004, in the	11313
taxing district containing the uranium facility, if the taxable	11314
value listed for tax year 2000 is greater than the taxable value	11315
reported by taxpayers for tax year 2004. For the purpose of making	11316
the computations under divisions (D)(1), (2), and (3) of this	11317
section, the tax year 2000 valuation is to be allocated to	11318
machinery and equipment, inventory, and furniture and fixtures	11319
property in the same proportions as the tax year 2004 values. For	11320
the purpose of the calculations in division (A) of section 5751.21	11321
of the Revised Code, the tax year 2004 taxable values shall be	11322
used.	11323

To facilitate the calculations required under division (C) of	11324
this section, the county auditor, upon request from the tax	11325
commissioner, shall provide by August 1, 2005, the values of	11326
machinery and equipment, inventory, and furniture and fixtures for	11327
all single-county personal property taxpayers for tax year 2004.	11328

(D) Not later than September 15, 2005, the tax commissioner	11329
shall determine for each tax year from 2006 through 2009 for each	11330
school district, joint vocational school district, and local	11331
taxing unit its machinery and equipment, inventory, and furniture	11332
and fixtures fixed-rate levy losses, and for each tax year from	11333
2006 through 2011 its telephone property fixed-rate levy loss.	11334
Except as provided in division (F) of this section, such losses	11335
are the applicable amounts described in divisions (D)(1), (2),	11336
(3), and (4) of this section:	11337

(1) The machinery and equipment fixed-rate levy loss is the	11338
machinery and equipment property tax value loss multiplied by the	11339
sum of the tax rates of fixed-rate qualifying levies.	11340

(2) The inventory fixed-rate loss is the inventory property	11341
tax value loss multiplied by the sum of the tax rates of	11342
fixed-rate qualifying levies.	11343

(3) The furniture and fixtures fixed-rate levy loss is the	11344
furniture and fixture property tax value loss multiplied by the	11345
sum of the tax rates of fixed-rate qualifying levies.	11346

(4) The telephone property fixed-rate levy loss is the	11347
telephone property tax value loss multiplied by the sum of the tax	11348
rates of fixed-rate qualifying levies.	11349

(E) Not later than September 15, 2005, the tax commissioner	11350
shall determine for each school district, joint vocational school	11351
district, and local taxing unit its fixed-sum levy loss. The	11352
fixed-sum levy loss is the amount obtained by subtracting the	11353
amount described in division (E)(2) of this section from the	11354
amount described in division (E)(1) of this section:	11355

(1) The sum of the machinery and equipment property tax value	11356
loss, the inventory property tax value loss, and the furniture and	11357
fixtures property tax value loss, and, for 2008 through 2010, the	11358
telephone property tax value loss of the district or unit	11359
multiplied by the sum of the fixed-sum tax rates of qualifying	11360
levies. For 2006 through 2010, this computation shall include all	11361
qualifying levies remaining in effect for the current tax year and	11362
any school district levies imposed under section 5705.194 or	11363
5705.213 of the Revised Code that are qualifying levies not	11364
remaining in effect for the current year. For 2011 through 2017 in	11365
the case of school district levies imposed under section 5705.194	11366
or 5705.213 of the Revised Code and for all years after 2010 in	11367
the case of other fixed-sum levies, this computation shall include	11368
only qualifying levies remaining in effect for the current year.	11369
For purposes of this computation, a qualifying school district	11370
levy imposed under section 5705.194 or 5705.213 of the Revised	11371
Code remains in effect in a year after 2010 only if, for that	11372
year, the board of education levies a school district levy imposed	11373
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	11374
Revised Code for an annual sum at least equal to the annual sum	11375
levied by the board in tax year 2004 less the amount of the	11376
payment certified under this division for 2006.	11377

(2) The total taxable value in tax year 2004 less the sum of	11378
the machinery and equipment, inventory, furniture and fixtures,	11379
and telephone property tax value losses in each school district,	11380
joint vocational school district, and local taxing unit multiplied	11381
by one-half of one mill per dollar.	11382

(3) For the calculations in divisions (E)(1) and (2) of this	11383
section, the tax value losses are those that would be calculated	11384
for tax year 2009 under divisions (C)(1), (2), and (3) of this	11385
section and for tax year 2011 under division (C)(4) of this	11386
section.	11387

(4) To facilitate the calculation under divisions (D) and (E)	11388
of this section, not later than September 1, 2005, any school	11389
district, joint vocational school district, or local taxing unit	11390
that has a qualifying levy that was approved at an election	11391
conducted during 2005 before September 1, 2005, shall certify to	11392
the tax commissioner a copy of the county auditor's certificate of	11393
estimated property tax millage for such levy as required under	11394
division (B) of section 5705.03 of the Revised Code, which is the	11395
rate that shall be used in the calculations under such divisions.	11396

If the amount determined under division (E) of this section	11397
for any school district, joint vocational school district, or	11398
local taxing unit is greater than zero, that amount shall equal	11399
the reimbursement to be paid pursuant to division (E) of section	11400
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	11401
and the one-half of one mill that is subtracted under division	11402
(E)(2) of this section shall be apportioned among all contributing	11403
fixed-sum levies in the proportion that each levy bears to the sum	11404
of all fixed-sum levies within each school district, joint	11405
vocational school district, or local taxing unit.	11406

(F) If a school district levies a tax under section 5705.219	11407
of the Revised Code, the fixed-rate levy loss for qualifying	11408
levies, to the extent repealed under that section, shall equal the	11409
sum of the following amounts in lieu of the amounts computed for	11410
such levies under division (D) of this section:	11411

(1) The sum of the rates of qualifying levies to the extent	11412
so repealed multiplied by the sum of the machinery and equipment,	11413
inventory, and furniture and fixtures tax value losses for 2009 as	11414
determined under that division;	11415

(2) The sum of the rates of qualifying levies to the extent	11416
so repealed multiplied by the telephone property tax value loss	11417
for 2011 as determined under that division.	11418

The fixed-rate levy losses for qualifying levies to the	11419
extent not repealed under section 5705.219 of the Revised Code	11420
shall be as determined under division (D) of this section. The	11421
revised fixed-rate levy losses determined under this division and	11422
division (D) of this section first apply in the year following the	11423
first year the district levies the tax under section 5705.219 of	11424
the Revised Code.	11425

(G) Not later than October 1, 2005, the tax commissioner	11426
shall certify to the department of education for every school	11427
district and joint vocational school district the machinery and	11428
equipment, inventory, furniture and fixtures, and telephone	11429
property tax value losses determined under division (C) of this	11430
section, the machinery and equipment, inventory, furniture and	11431
fixtures, and telephone fixed-rate levy losses determined under	11432
division (D) of this section, and the fixed-sum levy losses	11433
calculated under division (E) of this section. The calculations	11434
under divisions (D) and (E) of this section shall separately	11435
display the levy loss for each levy eligible for reimbursement.	11436

(H) Not later than October 1, 2005, the tax commissioner	11437
shall certify the amount of the fixed-sum levy losses to the	11438
county auditor of each county in which a school district, joint	11439
vocational school district, or local taxing unit with a fixed-sum	11440
levy loss reimbursement has territory.	11441

(I) Not later than the twenty-eighth day of February each	11442
year beginning in 2011 and ending in 2014, the tax commissioner	11443
shall certify to the department of education for each school	11444
district first levying a tax under section 5705.219 of the Revised	11445
Code in the preceding year the revised fixed-rate levy losses	11446
determined under divisions (D) and (F) of this section.	11447

Sec. 6301.01. As used in this chapter:

11448

(A) "Local area" means any of the following:

11449

(1) A municipal corporation that is authorized to administer	11450
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	11451
29 U.S.C.A. 2801, as amended, under this chapter and is not	11452
joining in partnership with any other political subdivisions in	11453
order to do so;	11454

(2) A single county;

11455

(3) A consortium of any of the following political	11456
subdivisions:	11457

(a) A group of two or more counties in the state;

11458

(b) One or more counties and one municipal corporation in the	11459
state;	11460

(c) One or more counties with or without one municipal	11461
corporation in the state and one or more counties with or without	11462
one municipal corporation in another state, on the condition that	11463
those in another state share a labor market area with those in the	11464
state.	11465

"Local area" does not mean a region for purposes of	11466
determinations concerning administrative incentives.	11467

(B) "Municipal corporation" means a municipal corporation	11468
that is eligible for automatic or temporary designation as a local	11469
workforce investment area pursuant to section 116(a)(2) or (3) of	11470
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	11471
2831(a)(2) or (3), but that does not request that the governor	11472
grant such automatic or temporary designation, and that instead	11473
elects to administer and enforce workforce development activities	11474
pursuant to this chapter.	11475

(C) "County" means a county that is eligible to be designated	11476
as a local workforce investment area pursuant to the "Workforce	11477
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11478
amended, but that does not request such designation, and instead	11479
elects to administer and enforce workforce development activities	11480
pursuant to this chapter.	11481

(D) "Workforce development agency" means the entity given	11482
responsibility for workforce development activities that is	11483
designated by the board of county commissioners in accordance with	11484
section 330.04 of the Revised Code, the chief elected official of	11485
a municipal corporation in accordance with section 763.05 of the	11486
Revised Code, or the chief elected officials of a local area	11487
defined in division (A)(3) of this section.	11488

(E) "Workforce development activity" means a program, grant,	11489
or other function, the primary goal of which is to do one or more	11490
of the following:	11491

(1) Help individuals maximize their employment opportunities;

11492

(2) Help employers gain access to skilled workers;

11493

(3) Help employers retain skilled workers;

11494

(4) Help develop or enhance the skills of incumbent workers;

11495

(5) Improve the quality of the state's workforce;

11496

(6) Enhance the productivity and competitiveness of the	11497
state's economy.	11498

(F) "Chief elected officials," when used in reference to a	11499
local area, means the board of county commissioners of the county	11500
or of each county in the local area or, if the county has adopted	11501
a charter under Section 3 of Article X, Ohio Constitution, the	11502
chief governing body of that county, and the chief elected	11503
official of the municipal corporation, if the local area includes	11504
a municipal corporation, except that when the local area is the	11505
type defined in division (A)(1) of this section, "chief elected	11506
officials" means the chief elected official of the municipal	11507
corporation.	11508

(G) "State board" means the state workforce policy board	11509
established by section 6301.04 of the Revised Code.	11510

(H) "Local board" means a local workforce policy board	11511
created pursuant to section 6301.06 of the Revised Code.	11512

Sec. 6301.02. The director of job and family services shall	11513
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	11514
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	11515
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	11516
pursuant to those acts. In administering those acts and funds	11517
received pursuant to those acts, the director shall ~~establish and~~	11518
~~administer~~assist the state workforce policy board in establishing	11519
and administering a workforce development system that is designed	11520
to provide leadership, support, and oversight to locally designed	11521
workforce development ~~and family services~~ systems ~~and that~~	11522
~~provides the maximum amount of flexibility and authority to~~	11523
~~counties and municipal corporations, as permitted under the~~	11524
~~"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.~~	11525
~~2801, as amended~~. The director shall conduct investigations and	11526
hold hearings as necessary for the administration of this chapter.	11527

To the extent permitted by state and federal law, the	11528
director may adopt rules pursuant to Chapter 119. of the Revised	11529
Code to establish any program or pilot program for the purposes of	11530
providing workforce development activities or family services to	11531
individuals who do not meet eligibility criteria for those	11532
activities or services under applicable federal law. Prior to the	11533
initiation of any program of that nature, the director of budget	11534
and management shall certify to the governor that sufficient funds	11535
are available to administer a program of that nature. The state	11536
board shall have final approval of any such program.	11537

Unless otherwise prohibited by state or federal law, every	11538
state agency, board, or commission shall provide to the state	11539
board and the director all information and assistance requested by	11540
the state board and the director in furtherance of workforce	11541
development activities.	11542

Sec. 6301.03. (A) In administering the "Workforce Investment	11543
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	11544
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	11545
amended, the funds received pursuant to those acts, and the	11546
workforce development system, the director of job and family	11547
services may, at the direction of the state board, make	11548
allocations and payment of funds for the local administration of	11549
the workforce development activities established under this	11550
chapter. ~~Pursuant to the "Workforce Investment Act of 1998," 112~~	11551
~~Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall~~	11552
~~reserve not more than fifteen per cent of the amounts allocated to~~	11553
~~the state under Title I of that act for adults, dislocated~~	11554
~~workers, and youth for statewide activities, and not more than~~	11555
~~twenty-five per cent of funds allocated for dislocated workers~~	11556
~~under Title I of that act for statewide rapid response activities.~~	11557

(B) The director shall allocate to local areas all funds	11558
required to be allocated to local areas pursuant to the "Workforce	11559
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11560
amended. The director shall make allocations only with funds	11561
available. Local areas, as defined by either section 101 of the	11562
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	11563
2801, as amended, or section 6301.01 of the Revised Code, and	11564
subrecipients of a local area shall establish a workforce	11565
development fund and the entity receiving funds shall deposit all	11566
funds received under this section into the workforce development	11567
fund. All expenditures for activities funded under this section	11568
shall be made from the workforce development fund, including	11569
reimbursements to a county public assistance fund for expenditures	11570
made for activities funded under this section.	11571

(C) The use of funds, reporting requirements, and other	11572
administrative and operational requirements governing the use of	11573
funds received by the director pursuant to this section shall be	11574
governed by internal management rules adopted by ~~the director~~and	11575
approved by the state board pursuant to section 111.15 of the	11576
Revised Code.	11577

(D) To the extent permitted by state or federal law, the	11578
state board, director, local areas, counties, and municipal	11579
corporations authorized to administer workforce development	11580
activities may assess a fee for specialized services requested by	11581
an employer. The director shall adopt rules pursuant to Chapter	11582
119. of the Revised Code governing the nature and amount of those	11583
types of fees.	11584

Sec. 6301.04. The governor shall establish a state workforce	11585
policy board and appoint members to the board, who serve at the	11586
governor's pleasure, to perform duties under the "Workforce	11587
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11588
amended, as authorized by the governor. The board is not subject	11589
to sections 101.82 to 101.87 of the Revised Code. ~~The director of~~	11590
~~job and family services may~~All state agencies engaged in	11591
workforce development activities shall assist the board in the	11592
performance of its duties.	11593

(A)(1) The governor shall designate nine members of the board	11594
to be voting members. All other members shall be ex officio,	11595
nonvoting members.	11596

(2) The governor shall choose the voting members in a way	11597
that a majority of the voting board members represent business	11598
interests.	11599

(B) The board shall have the power and authority to do all of	11600
the following:	11601

(1) Provide oversight and policy direction to ensure that the	11602
state workforce development activities are aligned and serving the	11603
needs of the state's employers, incumbent workers, and job	11604
seekers;	11605

(2) Adopt rules necessary to administer state workforce	11606
development activities;	11607

(3) Adopt rules necessary for the auditing and monitoring of	11608
subrecipients of the workforce development system grant funds;	11609

(4) Designate local workforce investment areas in accordance	11610
with 29 U.S.C. 2831;	11611

(5) Develop a unified budget for all state and federal	11612
workforce funds;	11613

(6) Establish a statewide employment and data collection	11614
system;	11615

(7) Develop statewide performance measures for workforce	11616
development and investment;	11617

(8) Develop a state workforce development plan;

11618

(9) Prepare the annual report to the United States secretary	11619
of labor, pursuant to section 136(d) of the "Workforce Investment	11620
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	11621

(10) Carry out any additional functions, duties, or	11622
responsibilities assigned to the board by the governor.	11623

Sec. 6301.07. (A) For purposes of this section, "performance	11624
character" means the career-essential relational attributes that	11625
build trust with others, including respect, honesty, integrity,	11626
task-excellence, responsibility, and resilience.	11627

(B) Every local workforce policy board, under the direction	11628
and approval of the state workforce policy board and with the	11629
agreement of the chief elected officials of the local area, and	11630
after holding public hearings that allow public comment and	11631
testimony, shall prepare a workforce development plan. The plan	11632
shall accomplish all of the following:	11633

(1) Identify the workforce investment needs of businesses in	11634
the local area, identify projected employment opportunities, and	11635
identify the job skills and performance character necessary to	11636
obtain and succeed in those opportunities;	11637

(2) Identify the local area's workforce development needs for	11638
youth, dislocated workers, adults, displaced homemakers, incumbent	11639
workers, and any other group of workers identified by the local	11640
workforce policy board;	11641

(3) Determine the distribution of workforce development	11642
resources and funding to be distributed for each workforce	11643
development activity to meet the identified needs, utilizing the	11644
funds allocated pursuant to the "Workforce Investment Act of	11645
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	11646

(4) Give priority to youth receiving independent living	11647
services pursuant to sections 2151.81 to 2151.84 of the Revised	11648
Code when determining distribution of workforce development	11649
resources and workforce development activity funding;	11650

(5) Review the minimum curriculum required by the state	11651
workforce policy board for certifying training providers and	11652
identify any additional curriculum requirements to include in	11653
contracts between the training providers and the chief elected	11654
officials of the local area;	11655

(6) Establish performance standards for service providers	11656
that reflect local workforce development needs;	11657

(7) Describe any other information the chief elected	11658
officials of the local area require.	11659

~~(B)~~(C) A local workforce policy board may provide policy	11660
guidance and recommendations to the chief elected officials of a	11661
local area for any workforce development activities.	11662

~~(C)~~(D) Nothing in this section prohibits the chief elected	11663
officials of a local area from assigning, through a partnership	11664
agreement, any duties in addition to the duties under this section	11665
to a local workforce policy board, except that a local workforce	11666
policy board cannot contract with itself for the direct provision	11667
of services in its local area. A local workforce policy board may	11668
consult with the chief elected officials of its local area and	11669
make recommendations regarding the workforce development	11670
activities provided in its local area at any time.	11671

Sec. 6301.08. Every local area shall participate in a	11672
one-stop system for workforce development activities. Each board	11673
of county commissioners and the chief elected official of a	11674
municipal corporation shall ensure that at least one ~~physical~~	11675
~~location~~delivery method is available in the local area, either	11676
through a physical location, or by electronic means approved by	11677
the state board, for the provision of workforce development	11678
activities.	11679

A one-stop system may be operated by a private entity or a	11680
public agency, including a workforce development agency, any	11681
existing facility or organization that is established to	11682
administer workforce development activities in the local area, and	11683
a county family services agency.	11684

A one-stop system shall include representatives of all the	11685
partners required under the "Workforce Investment Act of 1998,"	11686
112 Stat. 936, 29 U.S.C.A. 2801, as amended. ~~Additionally, at~~	11687
~~least one representative from a county department of job and~~	11688
~~family services shall staff a one-stop system to represent all of~~	11689
~~the county family services agencies within the local area.~~	11690

Sec. 6301.10. Beginning January 1, ~~2001~~2013, and each	11691
calendar ~~quarter~~year thereafter, the ~~director of job and family~~	11692
~~services~~state board, with the assistance of all state agencies	11693
engaged in workforce development activities, shall prepare a	11694
report concerning the state of Ohio's workforce. The ~~director~~	11695
state board shall distribute the report to the president and	11696
minority leader of the senate, the speaker and minority leader of	11697
the house of representatives, ~~the state workforce policy board,~~	11698
the governor's office of Appalachian Ohio, the commission on	11699
Hispanic-Latino affairs, and the commission on African-American	11700
males.	11701

Section 101.02. That existing sections 124.38, 3301.04,	11702
3301.079, 3301.0710, 3301.0712, 3301.0714, 3301.0715, 3301.0723,	11703
3301.52, 3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032,	11704
3302.042, 3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.08,	11705
3310.15, 3313.37, 3313.41, 3313.411, 3313.608, 3313.609,	11706
3313.6013, 3313.674, 3313.813, 3313.816, 3313.842, 3313.843,	11707
3313.845, 3313.978, 3314.015, 3314.016, 3314.02, 3314.029,	11708
3314.03, 3314.06, 3314.08, 3314.17, 3314.18, 3314.35, 3314.36,	11709
3317.01, 3317.11, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70,	11710
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3319.58, 3321.01,	11711
3323.011, 3323.052, 3323.19, 3326.03, 3326.04, 3326.10, 3326.11,	11712
3326.17, 3326.21, 3328.15, 3328.24, 3333.0411, 4139.01, 4139.03,	11713
4139.04, 4139.05, 4141.01, 4141.29, 4301.20, 5104.01, 5104.011,	11714
5104.02, 5104.21, 5104.30, 5104.31, 5104.34, 5104.38, 5709.83,	11715
5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and	11716
6301.10 of the Revised Code are hereby repealed.	11717

Section 105.01. That section 3319.19 of the Revised Code is	11718
hereby repealed.	11719

Section 120.01. That sections 109.57, 2151.011, 2919.227,	11720
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,	11721
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,	11722
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,	11723
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,	11724
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,	11725
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections	11726
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),	11727
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the	11728
purpose of adopting new section numbers as indicated in	11729
parentheses, and new sections 5104.032 and 5104.033 and sections	11730
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,	11731
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the	11732
Revised Code be enacted to read as follows:	11733

Sec. 109.57. (A)(1) The superintendent of the bureau of	11734
criminal identification and investigation shall procure from	11735
wherever procurable and file for record photographs, pictures,	11736
descriptions, fingerprints, measurements, and other information	11737
that may be pertinent of all persons who have been convicted of	11738
committing within this state a felony, any crime constituting a	11739
misdemeanor on the first offense and a felony on subsequent	11740
offenses, or any misdemeanor described in division (A)(1)(a),	11741
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	11742
of all children under eighteen years of age who have been	11743
adjudicated delinquent children for committing within this state	11744
an act that would be a felony or an offense of violence if	11745
committed by an adult or who have been convicted of or pleaded	11746
guilty to committing within this state a felony or an offense of	11747
violence, and of all well-known and habitual criminals. The person	11748
in charge of any county, multicounty, municipal, municipal-county,	11749
or multicounty-municipal jail or workhouse, community-based	11750
correctional facility, halfway house, alternative residential	11751
facility, or state correctional institution and the person in	11752
charge of any state institution having custody of a person	11753
suspected of having committed a felony, any crime constituting a	11754
misdemeanor on the first offense and a felony on subsequent	11755
offenses, or any misdemeanor described in division (A)(1)(a),	11756
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	11757
having custody of a child under eighteen years of age with respect	11758
to whom there is probable cause to believe that the child may have	11759
committed an act that would be a felony or an offense of violence	11760
if committed by an adult shall furnish such material to the	11761
superintendent of the bureau. Fingerprints, photographs, or other	11762
descriptive information of a child who is under eighteen years of	11763
age, has not been arrested or otherwise taken into custody for	11764
committing an act that would be a felony or an offense of violence	11765
who is not in any other category of child specified in this	11766
division, if committed by an adult, has not been adjudicated a	11767
delinquent child for committing an act that would be a felony or	11768
an offense of violence if committed by an adult, has not been	11769
convicted of or pleaded guilty to committing a felony or an	11770
offense of violence, and is not a child with respect to whom there	11771
is probable cause to believe that the child may have committed an	11772
act that would be a felony or an offense of violence if committed	11773
by an adult shall not be procured by the superintendent or	11774
furnished by any person in charge of any county, multicounty,	11775
municipal, municipal-county, or multicounty-municipal jail or	11776
workhouse, community-based correctional facility, halfway house,	11777
alternative residential facility, or state correctional	11778
institution, except as authorized in section 2151.313 of the	11779
Revised Code.	11780

(2) Every clerk of a court of record in this state, other	11781
than the supreme court or a court of appeals, shall send to the	11782
superintendent of the bureau a weekly report containing a summary	11783
of each case involving a felony, involving any crime constituting	11784
a misdemeanor on the first offense and a felony on subsequent	11785
offenses, involving a misdemeanor described in division (A)(1)(a),	11786
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	11787
or involving an adjudication in a case in which a child under	11788
eighteen years of age was alleged to be a delinquent child for	11789
committing an act that would be a felony or an offense of violence	11790
if committed by an adult. The clerk of the court of common pleas	11791
shall include in the report and summary the clerk sends under this	11792
division all information described in divisions (A)(2)(a) to (f)	11793
of this section regarding a case before the court of appeals that	11794
is served by that clerk. The summary shall be written on the	11795
standard forms furnished by the superintendent pursuant to	11796
division (B) of this section and shall include the following	11797
information:	11798

(a) The incident tracking number contained on the standard	11799
forms furnished by the superintendent pursuant to division (B) of	11800
this section;	11801

(b) The style and number of the case;

11802

11803

(d) The date that the person was convicted of or pleaded	11804
guilty to the offense, adjudicated a delinquent child for	11805
committing the act that would be a felony or an offense of	11806
violence if committed by an adult, found not guilty of the	11807
offense, or found not to be a delinquent child for committing an	11808
act that would be a felony or an offense of violence if committed	11809
by an adult, the date of an entry dismissing the charge, an entry	11810
declaring a mistrial of the offense in which the person is	11811
discharged, an entry finding that the person or child is not	11812
competent to stand trial, or an entry of a nolle prosequi, or the	11813
date of any other determination that constitutes final resolution	11814
of the case;	11815

(e) A statement of the original charge with the section of	11816
the Revised Code that was alleged to be violated;	11817

(f) If the person or child was convicted, pleaded guilty, or	11818
was adjudicated a delinquent child, the sentence or terms of	11819
probation imposed or any other disposition of the offender or the	11820
delinquent child.	11821

If the offense involved the disarming of a law enforcement	11822
officer or an attempt to disarm a law enforcement officer, the	11823
clerk shall clearly state that fact in the summary, and the	11824
superintendent shall ensure that a clear statement of that fact is	11825
placed in the bureau's records.	11826

(3) The superintendent shall cooperate with and assist	11827
sheriffs, chiefs of police, and other law enforcement officers in	11828
the establishment of a complete system of criminal identification	11829
and in obtaining fingerprints and other means of identification of	11830
all persons arrested on a charge of a felony, any crime	11831
constituting a misdemeanor on the first offense and a felony on	11832
subsequent offenses, or a misdemeanor described in division	11833
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	11834
Revised Code and of all children under eighteen years of age	11835
arrested or otherwise taken into custody for committing an act	11836
that would be a felony or an offense of violence if committed by	11837
an adult. The superintendent also shall file for record the	11838
fingerprint impressions of all persons confined in a county,	11839
multicounty, municipal, municipal-county, or multicounty-municipal	11840
jail or workhouse, community-based correctional facility, halfway	11841
house, alternative residential facility, or state correctional	11842
institution for the violation of state laws and of all children	11843
under eighteen years of age who are confined in a county,	11844
multicounty, municipal, municipal-county, or multicounty-municipal	11845
jail or workhouse, community-based correctional facility, halfway	11846
house, alternative residential facility, or state correctional	11847
institution or in any facility for delinquent children for	11848
committing an act that would be a felony or an offense of violence	11849
if committed by an adult, and any other information that the	11850
superintendent may receive from law enforcement officials of the	11851
state and its political subdivisions.	11852

(4) The superintendent shall carry out Chapter 2950. of the	11853
Revised Code with respect to the registration of persons who are	11854
convicted of or plead guilty to a sexually oriented offense or a	11855
child-victim oriented offense and with respect to all other duties	11856
imposed on the bureau under that chapter.	11857

(5) The bureau shall perform centralized recordkeeping	11858
functions for criminal history records and services in this state	11859
for purposes of the national crime prevention and privacy compact	11860
set forth in section 109.571 of the Revised Code and is the	11861
criminal history record repository as defined in that section for	11862
purposes of that compact. The superintendent or the	11863
superintendent's designee is the compact officer for purposes of	11864
that compact and shall carry out the responsibilities of the	11865
compact officer specified in that compact.	11866

(B) The superintendent shall prepare and furnish to every	11867
county, multicounty, municipal, municipal-county, or	11868
multicounty-municipal jail or workhouse, community-based	11869
correctional facility, halfway house, alternative residential	11870
facility, or state correctional institution and to every clerk of	11871
a court in this state specified in division (A)(2) of this section	11872
standard forms for reporting the information required under	11873
division (A) of this section. The standard forms that the	11874
superintendent prepares pursuant to this division may be in a	11875
tangible format, in an electronic format, or in both tangible	11876
formats and electronic formats.	11877

(C)(1) The superintendent may operate a center for	11878
electronic, automated, or other data processing for the storage	11879
and retrieval of information, data, and statistics pertaining to	11880
criminals and to children under eighteen years of age who are	11881
adjudicated delinquent children for committing an act that would	11882
be a felony or an offense of violence if committed by an adult,	11883
criminal activity, crime prevention, law enforcement, and criminal	11884
justice, and may establish and operate a statewide communications	11885
network to be known as the Ohio law enforcement gateway to gather	11886
and disseminate information, data, and statistics for the use of	11887
law enforcement agencies and for other uses specified in this	11888
division. The superintendent may gather, store, retrieve, and	11889
disseminate information, data, and statistics that pertain to	11890
children who are under eighteen years of age and that are gathered	11891
pursuant to sections 109.57 to 109.61 of the Revised Code together	11892
with information, data, and statistics that pertain to adults and	11893
that are gathered pursuant to those sections.	11894

(2) The superintendent or the superintendent's designee shall	11895
gather information of the nature described in division (C)(1) of	11896
this section that pertains to the offense and delinquency history	11897
of a person who has been convicted of, pleaded guilty to, or been	11898
adjudicated a delinquent child for committing a sexually oriented	11899
offense or a child-victim oriented offense for inclusion in the	11900
state registry of sex offenders and child-victim offenders	11901
maintained pursuant to division (A)(1) of section 2950.13 of the	11902
Revised Code and in the internet database operated pursuant to	11903
division (A)(13) of that section and for possible inclusion in the	11904
internet database operated pursuant to division (A)(11) of that	11905
section.	11906

(3) In addition to any other authorized use of information,	11907
data, and statistics of the nature described in division (C)(1) of	11908
this section, the superintendent or the superintendent's designee	11909
may provide and exchange the information, data, and statistics	11910
pursuant to the national crime prevention and privacy compact as	11911
described in division (A)(5) of this section.	11912

(4) The attorney general may adopt rules under Chapter 119.	11913
of the Revised Code establishing guidelines for the operation of	11914
and participation in the Ohio law enforcement gateway. The rules	11915
may include criteria for granting and restricting access to	11916
information gathered and disseminated through the Ohio law	11917
enforcement gateway. The attorney general shall permit the state	11918
medical board and board of nursing to access and view, but not	11919
alter, information gathered and disseminated through the Ohio law	11920
enforcement gateway.	11921

The attorney general may appoint a steering committee to	11922
advise the attorney general in the operation of the Ohio law	11923
enforcement gateway that is comprised of persons who are	11924
representatives of the criminal justice agencies in this state	11925
that use the Ohio law enforcement gateway and is chaired by the	11926
superintendent or the superintendent's designee.	11927

(D)(1) The following are not public records under section	11928
149.43 of the Revised Code:	11929

(a) Information and materials furnished to the superintendent	11930
pursuant to division (A) of this section;	11931

(b) Information, data, and statistics gathered or	11932
disseminated through the Ohio law enforcement gateway pursuant to	11933
division (C)(1) of this section;	11934

(c) Information and materials furnished to any board or	11935
person under division (F) or (G) of this section.	11936

(2) The superintendent or the superintendent's designee shall	11937
gather and retain information so furnished under division (A) of	11938
this section that pertains to the offense and delinquency history	11939
of a person who has been convicted of, pleaded guilty to, or been	11940
adjudicated a delinquent child for committing a sexually oriented	11941
offense or a child-victim oriented offense for the purposes	11942
described in division (C)(2) of this section.	11943

(E) The attorney general shall adopt rules, in accordance	11944
with Chapter 119. of the Revised Code, setting forth the procedure	11945
by which a person may receive or release information gathered by	11946
the superintendent pursuant to division (A) of this section. A	11947
reasonable fee may be charged for this service. If a temporary	11948
employment service submits a request for a determination of	11949
whether a person the service plans to refer to an employment	11950
position has been convicted of or pleaded guilty to an offense	11951
listed in division (A)(1), (3), (4), (5), or (6) of section	11952
109.572 of the Revised Code, the request shall be treated as a	11953
single request and only one fee shall be charged.	11954

(F)(1) As used in division (F)(2) of this section, "head	11955
start agency" means an entity in this state that has been approved	11956
to be an agency for purposes of subchapter II of the "Community	11957
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	11958
as amended.	11959

(2)(a) In addition to or in conjunction with any request that	11960
is required to be made under section 109.572, 2151.86, 3301.32,	11961
3301.541, division (C) of section 3310.58, or section 3319.39,	11962
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	11963
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	11964
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	11965
Revised Code, the board of education of any school district; the	11966
director of developmental disabilities; any county board of	11967
developmental disabilities; any entity under contract with a	11968
county board of developmental disabilities; the chief	11969
administrator of any chartered nonpublic school; the chief	11970
administrator of a registered private provider that is not also a	11971
chartered nonpublic school; the chief administrator of any home	11972
health agency; the chief administrator of or person operating any	11973
child day-care center, type A family day-care home, or type B	11974
family day-care home licensed ~~or certified~~ under Chapter 5104. of	11975
the Revised Code; ~~the administrator of any type C family day-care~~	11976
~~home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st~~	11977
~~general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st~~	11978
~~general assembly;~~ the chief administrator of any head start	11979
agency; the executive director of a public children services	11980
agency; a private company described in section 3314.41, 3319.392,	11981
3326.25, or 3328.20 of the Revised Code; or an employer described	11982
in division (J)(2) of section 3327.10 of the Revised Code may	11983
request that the superintendent of the bureau investigate and	11984
determine, with respect to any individual who has applied for	11985
employment in any position after October 2, 1989, or any	11986
individual wishing to apply for employment with a board of	11987
education may request, with regard to the individual, whether the	11988
bureau has any information gathered under division (A) of this	11989
section that pertains to that individual. On receipt of the	11990
request, the superintendent shall determine whether that	11991
information exists and, upon request of the person, board, or	11992
entity requesting information, also shall request from the federal	11993
bureau of investigation any criminal records it has pertaining to	11994
that individual. The superintendent or the superintendent's	11995
designee also may request criminal history records from other	11996
states or the federal government pursuant to the national crime	11997
prevention and privacy compact set forth in section 109.571 of the	11998
Revised Code. Within thirty days of the date that the	11999
superintendent receives a request, the superintendent shall send	12000
to the board, entity, or person a report of any information that	12001
the superintendent determines exists, including information	12002
contained in records that have been sealed under section 2953.32	12003
of the Revised Code, and, within thirty days of its receipt, shall	12004
send the board, entity, or person a report of any information	12005
received from the federal bureau of investigation, other than	12006
information the dissemination of which is prohibited by federal	12007
law.	12008

(b) When a board of education or a registered private	12009
provider is required to receive information under this section as	12010
a prerequisite to employment of an individual pursuant to division	12011
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	12012
may accept a certified copy of records that were issued by the	12013
bureau of criminal identification and investigation and that are	12014
presented by an individual applying for employment with the	12015
district in lieu of requesting that information itself. In such a	12016
case, the board shall accept the certified copy issued by the	12017
bureau in order to make a photocopy of it for that individual's	12018
employment application documents and shall return the certified	12019
copy to the individual. In a case of that nature, a district or	12020
provider only shall accept a certified copy of records of that	12021
nature within one year after the date of their issuance by the	12022
bureau.	12023

(c) Notwithstanding division (F)(2)(a) of this section, in	12024
the case of a request under section 3319.39, 3319.391, or 3327.10	12025
of the Revised Code only for criminal records maintained by the	12026
federal bureau of investigation, the superintendent shall not	12027
determine whether any information gathered under division (A) of	12028
this section exists on the person for whom the request is made.	12029

(3) The state board of education may request, with respect to	12030
any individual who has applied for employment after October 2,	12031
1989, in any position with the state board or the department of	12032
education, any information that a school district board of	12033
education is authorized to request under division (F)(2) of this	12034
section, and the superintendent of the bureau shall proceed as if	12035
the request has been received from a school district board of	12036
education under division (F)(2) of this section.	12037

(4) When the superintendent of the bureau receives a request	12038
for information under section 3319.291 of the Revised Code, the	12039
superintendent shall proceed as if the request has been received	12040
from a school district board of education and shall comply with	12041
divisions (F)(2)(a) and (c) of this section.	12042

(5) When a recipient of a classroom reading improvement grant	12043
paid under section 3301.86 of the Revised Code requests, with	12044
respect to any individual who applies to participate in providing	12045
any program or service funded in whole or in part by the grant,	12046
the information that a school district board of education is	12047
authorized to request under division (F)(2)(a) of this section,	12048
the superintendent of the bureau shall proceed as if the request	12049
has been received from a school district board of education under	12050
division (F)(2)(a) of this section.	12051

(G) In addition to or in conjunction with any request that is	12052
required to be made under section 3701.881, 3712.09, 3721.121,	12053
5119.693, or 5119.85 of the Revised Code with respect to an	12054
individual who has applied for employment in a position that	12055
involves providing direct care to an older adult or adult	12056
resident, the chief administrator of a home health agency, hospice	12057
care program, home licensed under Chapter 3721. of the Revised	12058
Code, adult day-care program operated pursuant to rules adopted	12059
under section 3721.04 of the Revised Code, adult foster home, or	12060
adult care facility may request that the superintendent of the	12061
bureau investigate and determine, with respect to any individual	12062
who has applied after January 27, 1997, for employment in a	12063
position that does not involve providing direct care to an older	12064
adult or adult resident, whether the bureau has any information	12065
gathered under division (A) of this section that pertains to that	12066
individual.	12067

In addition to or in conjunction with any request that is	12068
required to be made under section 173.27 of the Revised Code with	12069
respect to an individual who has applied for employment in a	12070
position that involves providing ombudsperson services to	12071
residents of long-term care facilities or recipients of	12072
community-based long-term care services, the state long-term care	12073
ombudsperson, ombudsperson's designee, or director of health may	12074
request that the superintendent investigate and determine, with	12075
respect to any individual who has applied for employment in a	12076
position that does not involve providing such ombudsperson	12077
services, whether the bureau has any information gathered under	12078
division (A) of this section that pertains to that applicant.	12079

In addition to or in conjunction with any request that is	12080
required to be made under section 173.394 of the Revised Code with	12081
respect to an individual who has applied for employment in a	12082
position that involves providing direct care to an individual, the	12083
chief administrator of a community-based long-term care agency may	12084
request that the superintendent investigate and determine, with	12085
respect to any individual who has applied for employment in a	12086
position that does not involve providing direct care, whether the	12087
bureau has any information gathered under division (A) of this	12088
section that pertains to that applicant.	12089

On receipt of a request under this division, the	12090
superintendent shall determine whether that information exists	12091
and, on request of the individual requesting information, shall	12092
also request from the federal bureau of investigation any criminal	12093
records it has pertaining to the applicant. The superintendent or	12094
the superintendent's designee also may request criminal history	12095
records from other states or the federal government pursuant to	12096
the national crime prevention and privacy compact set forth in	12097
section 109.571 of the Revised Code. Within thirty days of the	12098
date a request is received, the superintendent shall send to the	12099
requester a report of any information determined to exist,	12100
including information contained in records that have been sealed	12101
under section 2953.32 of the Revised Code, and, within thirty days	12102
of its receipt, shall send the requester a report of any	12103
information received from the federal bureau of investigation,	12104
other than information the dissemination of which is prohibited by	12105
federal law.	12106

(H) Information obtained by a government entity or person	12107
under this section is confidential and shall not be released or	12108
disseminated.	12109

(I) The superintendent may charge a reasonable fee for	12110
providing information or criminal records under division (F)(2) or	12111
(G) of this section.	12112

(J) As used in this section:

12113

(1) "Sexually oriented offense" and "child-victim oriented	12114
offense" have the same meanings as in section 2950.01 of the	12115
Revised Code.	12116

(2) "Registered private provider" means a nonpublic school or	12117
entity registered with the superintendent of public instruction	12118
under section 3310.41 of the Revised Code to participate in the	12119
autism scholarship program or section 3310.58 of the Revised Code	12120
to participate in the Jon Peterson special needs scholarship	12121
program.	12122

Sec. 2151.011. (A) As used in the Revised Code:

12123

(1) "Juvenile court" means whichever of the following is	12124
applicable that has jurisdiction under this chapter and Chapter	12125
2152. of the Revised Code:	12126

(a) The division of the court of common pleas specified in	12127
section 2101.022 or 2301.03 of the Revised Code as having	12128
jurisdiction under this chapter and Chapter 2152. of the Revised	12129
Code or as being the juvenile division or the juvenile division	12130
combined with one or more other divisions;	12131

(b) The juvenile court of Cuyahoga county or Hamilton county	12132
that is separately and independently created by section 2151.08 or	12133
Chapter 2153. of the Revised Code and that has jurisdiction under	12134
this chapter and Chapter 2152. of the Revised Code;	12135

(c) If division (A)(1)(a) or (b) of this section does not	12136
apply, the probate division of the court of common pleas.	12137

(2) "Juvenile judge" means a judge of a court having	12138
jurisdiction under this chapter.	12139

(3) "Private child placing agency" means any association, as	12140
defined in section 5103.02 of the Revised Code, that is certified	12141
under section 5103.03 of the Revised Code to accept temporary,	12142
permanent, or legal custody of children and place the children for	12143
either foster care or adoption.	12144

(4) "Private noncustodial agency" means any person,	12145
organization, association, or society certified by the department	12146
of job and family services that does not accept temporary or	12147
permanent legal custody of children, that is privately operated in	12148
this state, and that does one or more of the following:	12149

(a) Receives and cares for children for two or more	12150
consecutive weeks;	12151

(b) Participates in the placement of children in certified	12152
foster homes;	12153

(c) Provides adoption services in conjunction with a public	12154
children services agency or private child placing agency.	12155

(B) As used in this chapter:

12156

(1) "Adequate parental care" means the provision by a child's	12157
parent or parents, guardian, or custodian of adequate food,	12158
clothing, and shelter to ensure the child's health and physical	12159
safety and the provision by a child's parent or parents of	12160
specialized services warranted by the child's physical or mental	12161
needs.	12162

(2) "Adult" means an individual who is eighteen years of age	12163
or older.	12164

(3) "Agreement for temporary custody" means a voluntary	12165
agreement authorized by section 5103.15 of the Revised Code that	12166
transfers the temporary custody of a child to a public children	12167
services agency or a private child placing agency.	12168

(4) "Alternative response" means the public children services	12169
agency's response to a report of child abuse or neglect that	12170
engages the family in a comprehensive evaluation of child safety,	12171
risk of subsequent harm, and family strengths and needs and that	12172
does not include a determination as to whether child abuse or	12173
neglect occurred.	12174

(5) "Certified foster home" means a foster home, as defined	12175
in section 5103.02 of the Revised Code, certified under section	12176
5103.03 of the Revised Code.	12177

(6) "Child" means a person who is under eighteen years of	12178
age, except that the juvenile court has jurisdiction over any	12179
person who is adjudicated an unruly child prior to attaining	12180
eighteen years of age until the person attains twenty-one years of	12181
age, and, for purposes of that jurisdiction related to that	12182
adjudication, a person who is so adjudicated an unruly child shall	12183
be deemed a "child" until the person attains twenty-one years of	12184
age.	12185

(7) "Child day camp," "child care," "child day-care center,"	12186
"part-time child day-care center," "type A family day-care home,"	12187
"~~certified~~licensed type B family day-care home," "type B family	12188
day-care home," "administrator of a child day-care center,"	12189
"administrator of a type A family day-care home," and "in-home	12190
aide," ~~and "authorized provider"~~ have the same meanings as in	12191
section 5104.01 of the Revised Code.	12192

(8) "Child care provider" means an individual who is a	12193
child-care staff member or administrator of a child day-care	12194
center, a type A family day-care home, or a type B family day-care	12195
home, or an in-home aide or an individual who is licensed, is	12196
regulated, is approved, operates under the direction of, or	12197
otherwise is certified by the department of job and family	12198
services, department of developmental disabilities, or the early	12199
childhood programs of the department of education.	12200

(9) "Chronic truant" has the same meaning as in section	12201
2152.02 of the Revised Code.	12202

(10) "Commit" means to vest custody as ordered by the court.

12203

(11) "Counseling" includes both of the following:

12204

(a) General counseling services performed by a public	12205
children services agency or shelter for victims of domestic	12206
violence to assist a child, a child's parents, and a child's	12207
siblings in alleviating identified problems that may cause or have	12208
caused the child to be an abused, neglected, or dependent child.	12209

(b) Psychiatric or psychological therapeutic counseling	12210
services provided to correct or alleviate any mental or emotional	12211
illness or disorder and performed by a licensed psychiatrist,	12212
licensed psychologist, or a person licensed under Chapter 4757. of	12213
the Revised Code to engage in social work or professional	12214
counseling.	12215

(12) "Custodian" means a person who has legal custody of a	12216
child or a public children services agency or private child	12217
placing agency that has permanent, temporary, or legal custody of	12218
a child.	12219

(13) "Delinquent child" has the same meaning as in section	12220
2152.02 of the Revised Code.	12221

(14) "Detention" means the temporary care of children pending	12222
court adjudication or disposition, or execution of a court order,	12223
in a public or private facility designed to physically restrict	12224
the movement and activities of children.	12225

(15) "Developmental disability" has the same meaning as in	12226
section 5123.01 of the Revised Code.	12227

(16) "Differential response approach" means an approach that	12228
a public children services agency may use to respond to accepted	12229
reports of child abuse or neglect with either an alternative	12230
response or a traditional response.	12231

(17) "Foster caregiver" has the same meaning as in section	12232
5103.02 of the Revised Code.	12233

(18) "Guardian" means a person, association, or corporation	12234
that is granted authority by a probate court pursuant to Chapter	12235
2111. of the Revised Code to exercise parental rights over a child	12236
to the extent provided in the court's order and subject to the	12237
residual parental rights of the child's parents.	12238

(19) "Habitual truant" means any child of compulsory school	12239
age who is absent without legitimate excuse for absence from the	12240
public school the child is supposed to attend for five or more	12241
consecutive school days, seven or more school days in one school	12242
month, or twelve or more school days in a school year.	12243

(20) "Juvenile traffic offender" has the same meaning as in	12244
section 2152.02 of the Revised Code.	12245

(21) "Legal custody" means a legal status that vests in the	12246
custodian the right to have physical care and control of the child	12247
and to determine where and with whom the child shall live, and the	12248
right and duty to protect, train, and discipline the child and to	12249
provide the child with food, shelter, education, and medical care,	12250
all subject to any residual parental rights, privileges, and	12251
responsibilities. An individual granted legal custody shall	12252
exercise the rights and responsibilities personally unless	12253
otherwise authorized by any section of the Revised Code or by the	12254
court.	12255

(22) A "legitimate excuse for absence from the public school	12256
the child is supposed to attend" includes, but is not limited to,	12257
any of the following:	12258

(a) The fact that the child in question has enrolled in and	12259
is attending another public or nonpublic school in this or another	12260
state;	12261

(b) The fact that the child in question is excused from	12262
attendance at school for any of the reasons specified in section	12263
3321.04 of the Revised Code;	12264

(c) The fact that the child in question has received an age	12265
and schooling certificate in accordance with section 3331.01 of	12266
the Revised Code.	12267

(23) "Mental illness" and "mentally ill person subject to	12268
hospitalization by court order" have the same meanings as in	12269
section 5122.01 of the Revised Code.	12270

(24) "Mental injury" means any behavioral, cognitive,	12271
emotional, or mental disorder in a child caused by an act or	12272
omission that is described in section 2919.22 of the Revised Code	12273
and is committed by the parent or other person responsible for the	12274
child's care.	12275

(25) "Mentally retarded person" has the same meaning as in	12276
section 5123.01 of the Revised Code.	12277

(26) "Nonsecure care, supervision, or training" means care,	12278
supervision, or training of a child in a facility that does not	12279
confine or prevent movement of the child within the facility or	12280
from the facility.	12281

(27) "Of compulsory school age" has the same meaning as in	12282
section 3321.01 of the Revised Code.	12283

(28) "Organization" means any institution, public,	12284
semipublic, or private, and any private association, society, or	12285
agency located or operating in the state, incorporated or	12286
unincorporated, having among its functions the furnishing of	12287
protective services or care for children, or the placement of	12288
children in certified foster homes or elsewhere.	12289

(29) "Out-of-home care" means detention facilities, shelter	12290
facilities, certified children's crisis care facilities, certified	12291
foster homes, placement in a prospective adoptive home prior to	12292
the issuance of a final decree of adoption, organizations,	12293
certified organizations, child day-care centers, type A family	12294
day-care homes, type B family day-care homes, child care provided	12295
by ~~type B family day-care home providers and by~~ in-home aides,	12296
group home providers, group homes, institutions, state	12297
institutions, residential facilities, residential care facilities,	12298
residential camps, day camps, public schools, chartered nonpublic	12299
schools, educational service centers, hospitals, and medical	12300
clinics that are responsible for the care, physical custody, or	12301
control of children.	12302

(30) "Out-of-home care child abuse" means any of the	12303
following when committed by a person responsible for the care of a	12304
child in out-of-home care:	12305

(a) Engaging in sexual activity with a child in the person's	12306
care;	12307

(b) Denial to a child, as a means of punishment, of proper or	12308
necessary subsistence, education, medical care, or other care	12309
necessary for a child's health;	12310

(c) Use of restraint procedures on a child that cause injury	12311
or pain;	12312

(d) Administration of prescription drugs or psychotropic	12313
medication to the child without the written approval and ongoing	12314
supervision of a licensed physician;	12315

(e) Commission of any act, other than by accidental means,	12316
that results in any injury to or death of the child in out-of-home	12317
care or commission of any act by accidental means that results in	12318
an injury to or death of a child in out-of-home care and that is	12319
at variance with the history given of the injury or death.	12320

(31) "Out-of-home care child neglect" means any of the	12321
following when committed by a person responsible for the care of a	12322
child in out-of-home care:	12323

(a) Failure to provide reasonable supervision according to	12324
the standards of care appropriate to the age, mental and physical	12325
condition, or other special needs of the child;	12326

(b) Failure to provide reasonable supervision according to	12327
the standards of care appropriate to the age, mental and physical	12328
condition, or other special needs of the child, that results in	12329
sexual or physical abuse of the child by any person;	12330

12331

(i) Administration of prescription drugs or psychotropic	12332
drugs for the child;	12333

(ii) Assuring that the instructions of the licensed physician	12334
who prescribed a drug for the child are followed;	12335

(iii) Reporting to the licensed physician who prescribed the	12336
drug all unfavorable or dangerous side effects from the use of the	12337
drug.	12338

(d) Failure to provide proper or necessary subsistence,	12339
education, medical care, or other individualized care necessary	12340
for the health or well-being of the child;	12341

(e) Confinement of the child to a locked room without	12342
monitoring by staff;	12343

(f) Failure to provide ongoing security for all prescription	12344
and nonprescription medication;	12345

(g) Isolation of a child for a period of time when there is	12346
substantial risk that the isolation, if continued, will impair or	12347
retard the mental health or physical well-being of the child.	12348

(32) "Permanent custody" means a legal status that vests in a	12349
public children services agency or a private child placing agency,	12350
all parental rights, duties, and obligations, including the right	12351
to consent to adoption, and divests the natural parents or	12352
adoptive parents of all parental rights, privileges, and	12353
obligations, including all residual rights and obligations.	12354

(33) "Permanent surrender" means the act of the parents or,	12355
if a child has only one parent, of the parent of a child, by a	12356
voluntary agreement authorized by section 5103.15 of the Revised	12357
Code, to transfer the permanent custody of the child to a public	12358
children services agency or a private child placing agency.	12359

(34) "Person" means an individual, association, corporation,	12360
or partnership and the state or any of its political subdivisions,	12361
departments, or agencies.	12362

(35) "Person responsible for a child's care in out-of-home	12363
care" means any of the following:	12364

(a) Any foster caregiver, in-home aide, or provider;

12365

(b) Any administrator, employee, or agent of any of the	12366
following: a public or private detention facility; shelter	12367
facility; certified children's crisis care facility; organization;	12368
certified organization; child day-care center; type A family	12369
day-care home; ~~certified~~licensed type B family day-care home;	12370
group home; institution; state institution; residential facility;	12371
residential care facility; residential camp; day camp; school	12372
district; community school; chartered nonpublic school;	12373
educational service center; hospital; or medical clinic;	12374

(c) Any person who supervises or coaches children as part of	12375
an extracurricular activity sponsored by a school district, public	12376
school, or chartered nonpublic school;	12377

(d) Any other person who performs a similar function with	12378
respect to, or has a similar relationship to, children.	12379

(36) "Physically impaired" means having one or more of the	12380
following conditions that substantially limit one or more of an	12381
individual's major life activities, including self-care, receptive	12382
and expressive language, learning, mobility, and self-direction:	12383

(a) A substantial impairment of vision, speech, or hearing;

12384

(b) A congenital orthopedic impairment;

12385

(c) An orthopedic impairment caused by disease, rheumatic	12386
fever or any other similar chronic or acute health problem, or	12387
amputation or another similar cause.	12388

(37) "Placement for adoption" means the arrangement by a	12389
public children services agency or a private child placing agency	12390
with a person for the care and adoption by that person of a child	12391
of whom the agency has permanent custody.	12392

(38) "Placement in foster care" means the arrangement by a	12393
public children services agency or a private child placing agency	12394
for the out-of-home care of a child of whom the agency has	12395
temporary custody or permanent custody.	12396

(39) "Planned permanent living arrangement" means an order of	12397
a juvenile court pursuant to which both of the following apply:	12398

(a) The court gives legal custody of a child to a public	12399
children services agency or a private child placing agency without	12400
the termination of parental rights.	12401

(b) The order permits the agency to make an appropriate	12402
placement of the child and to enter into a written agreement with	12403
a foster care provider or with another person or agency with whom	12404
the child is placed.	12405

(40) "Practice of social work" and "practice of professional	12406
counseling" have the same meanings as in section 4757.01 of the	12407
Revised Code.	12408

(41) "Sanction, service, or condition" means a sanction,	12409
service, or condition created by court order following an	12410
adjudication that a child is an unruly child that is described in	12411
division (A)(4) of section 2152.19 of the Revised Code.	12412

(42) "Protective supervision" means an order of disposition	12413
pursuant to which the court permits an abused, neglected,	12414
dependent, or unruly child to remain in the custody of the child's	12415
parents, guardian, or custodian and stay in the child's home,	12416
subject to any conditions and limitations upon the child, the	12417
child's parents, guardian, or custodian, or any other person that	12418
the court prescribes, including supervision as directed by the	12419
court for the protection of the child.	12420

(43) "Psychiatrist" has the same meaning as in section	12421
5122.01 of the Revised Code.	12422

(44) "Psychologist" has the same meaning as in section	12423
4732.01 of the Revised Code.	12424

(45) "Residential camp" means a program in which the care,	12425
physical custody, or control of children is accepted overnight for	12426
recreational or recreational and educational purposes.	12427

(46) "Residential care facility" means an institution,	12428
residence, or facility that is licensed by the department of	12429
mental health under section 5119.22 of the Revised Code and that	12430
provides care for a child.	12431

(47) "Residential facility" means a home or facility that is	12432
licensed by the department of developmental disabilities under	12433
section 5123.19 of the Revised Code and in which a child with a	12434
developmental disability resides.	12435

(48) "Residual parental rights, privileges, and	12436
responsibilities" means those rights, privileges, and	12437
responsibilities remaining with the natural parent after the	12438
transfer of legal custody of the child, including, but not	12439
necessarily limited to, the privilege of reasonable visitation,	12440
consent to adoption, the privilege to determine the child's	12441
religious affiliation, and the responsibility for support.	12442

(49) "School day" means the school day established by the	12443
state board of education pursuant to section 3313.48 of the	12444
Revised Code.	12445

(50) "School month" and "school year" have the same meanings	12446
as in section 3313.62 of the Revised Code.	12447

(51) "Secure correctional facility" means a facility under	12448
the direction of the department of youth services that is designed	12449
to physically restrict the movement and activities of children and	12450
used for the placement of children after adjudication and	12451
disposition.	12452

(52) "Sexual activity" has the same meaning as in section	12453
2907.01 of the Revised Code.	12454

(53) "Shelter" means the temporary care of children in	12455
physically unrestricted facilities pending court adjudication or	12456
disposition.	12457

(54) "Shelter for victims of domestic violence" has the same	12458
meaning as in section 3113.33 of the Revised Code.	12459

(55) "Temporary custody" means legal custody of a child who	12460
is removed from the child's home, which custody may be terminated	12461
at any time at the discretion of the court or, if the legal	12462
custody is granted in an agreement for temporary custody, by the	12463
person who executed the agreement.	12464

(56) "Traditional response" means a public children services	12465
agency's response to a report of child abuse or neglect that	12466
encourages engagement of the family in a comprehensive evaluation	12467
of the child's current and future safety needs and a fact-finding	12468
process to determine whether child abuse or neglect occurred and	12469
the circumstances surrounding the alleged harm or risk of harm.	12470

(C) For the purposes of this chapter, a child shall be	12471
presumed abandoned when the parents of the child have failed to	12472
visit or maintain contact with the child for more than ninety	12473
days, regardless of whether the parents resume contact with the	12474
child after that period of ninety days.	12475

Sec. 2919.227. (A)(1) No child care center licensee shall	12476
accept a child into that center without first providing to the	12477
parent, guardian, custodian, or other person responsible for the	12478
care of that child the following information, if the parent,	12479
guardian, custodian, or other person responsible for the care of	12480
the child requests the information:	12481

(a) The types of injuries to children, as reported in	12482
accordance with rules adopted under section ~~5104.011~~5104.015 of	12483
the Revised Code, that occurred at the center on or after April 1,	12484
2003, or the date that is two years before the date the	12485
information is requested, whichever date is more recent;	12486

(b) The number of each type of injury to children that	12487
occurred at the center during that period.	12488

(2) If a death described in division (A)(2)(a) or (A)(2)(b)	12489
of this section occurred during the fifteen-year period	12490
immediately preceding the date that the parent, guardian,	12491
custodian, or other person responsible for the care of a child	12492
seeks to enroll that child, no child care center licensee shall	12493
accept that child into that center without first providing to the	12494
parent, guardian, custodian, or other person responsible for the	12495
care of that child a notice that states that the death occurred.	12496

(a) A child died while under the care of the center or while	12497
receiving child care from the owner, provider, or administrator of	12498
the center;	12499

(b) A child died as a result of injuries suffered while under	12500
the care of the center or while receiving child care from the	12501
owner, provider, or administrator of the center.	12502

(3) Each child care center licensee shall keep on file at the	12503
center a copy of the information provided under this division for	12504
at least three years after providing the information.	12505

(B)(1) No child care center licensee shall fail to provide	12506
notice in accordance with division (B)(3) of this section to the	12507
persons and entities specified in division (B)(2) of this section	12508
if a child who is under the care of the center or is receiving	12509
child care from the owner, provider, or administrator of the	12510
center dies while under the care of the center or while receiving	12511
child care from the owner, provider, or administrator or dies as a	12512
result of injuries suffered while under the care of the center or	12513
while receiving child care from the owner, provider, or	12514
administrator.	12515

(2) A child care center licensee shall provide the notice	12516
required under division (B)(1) of this section to all of the	12517
following:	12518

(a) The parent, guardian, custodian, or other person	12519
responsible for the care of each child who, at the time of the	12520
death for which notice is required, is receiving or is enrolled to	12521
receive child care from the center;	12522

(b) The public children services agency of the county in	12523
which the center is located or the child care was given;	12524

(c) A municipal or county peace officer in the county in	12525
which the child resides or in which the center is located or the	12526
child care was given;	12527

(d) The child fatality review board appointed under section	12528
307.621 of the Revised Code that serves the county in which the	12529
center is located or the child care was given.	12530

(3) A child care center licensee shall provide the notice	12531
required by division (B)(1) of this section not later than	12532
forty-eight hours after the child dies. The notice shall state	12533
that the death occurred.	12534

(C) Whoever violates division (A) or (B) of this section is	12535
guilty of failure of a child care center to disclose the death or	12536
serious injury of a child, a misdemeanor of the fourth degree.	12537

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	12538
the Revised Code:	12539

(A) "Application form" means the application form prescribed	12540
pursuant to division (A)(1) of section 109.731 of the Revised Code	12541
and includes a copy of that form.	12542

(B) "Competency certification" and "competency certificate"	12543
mean a document of the type described in division (B)(3) of	12544
section 2923.125 of the Revised Code.	12545

(C) "Detention facility" has the same meaning as in section	12546
2921.01 of the Revised Code.	12547

(D) "Licensee" means a person to whom a license to carry a	12548
concealed handgun has been issued under section 2923.125 of the	12549
Revised Code and, except when the context clearly indicates	12550
otherwise, includes a person to whom a temporary emergency license	12551
to carry a concealed handgun has been issued under section	12552
2923.1213 of the Revised Code.	12553

(E) "License fee" or "license renewal fee" means the fee for	12554
a license to carry a concealed handgun or the fee to renew that	12555
license that is prescribed pursuant to division (C) of section	12556
109.731 of the Revised Code and that is to be paid by an applicant	12557
for a license of that type.	12558

(F) "Peace officer" has the same meaning as in section	12559
2935.01 of the Revised Code.	12560

(G) "State correctional institution" has the same meaning as	12561
in section 2967.01 of the Revised Code.	12562

(H) "Valid license" means a license or temporary emergency	12563
license to carry a concealed handgun that has been issued under	12564
section 2923.125 or 2923.1213 of the Revised Code, that is	12565
currently valid, that is not under a suspension under division	12566
(A)(1) of section 2923.128 or under section 2923.1213 of the	12567
Revised Code, and that has not been revoked under division (B)(1)	12568
of section 2923.128 or under section 2923.1213 of the Revised	12569
Code.	12570

(I) "Civil protection order" means a protection order issued,	12571
or consent agreement approved, under section 2903.214 or 3113.31	12572
of the Revised Code.	12573

(J) "Temporary protection order" means a protection order	12574
issued under section 2903.213 or 2919.26 of the Revised Code.	12575

(K) "Protection order issued by a court of another state" has	12576
the same meaning as in section 2919.27 of the Revised Code.	12577

(L) "Child day-care center," "type A family day-care home"	12578
and "type B family day-care home" have the same meanings as in	12579
section 5104.01 of the Revised Code.	12580

(M) ~~"Type C family day-care home" means a family day-care~~	12581
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	12582
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	12583
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	12584

~~(N)~~ "Foreign air transportation," "interstate air	12585
transportation," and "intrastate air transportation" have the same	12586
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	12587

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	12588
division (A) of section 4506.25 of the Revised Code.	12589

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	12590
as in section 2923.16 of the Revised Code.	12591

Sec. 2923.126. (A) A license to carry a concealed handgun	12592
that is issued under section 2923.125 of the Revised Code on or	12593
after March 14, 2007, shall expire five years after the date of	12594
issuance, and a license that is so issued prior to March 14, 2007,	12595
shall expire four years after the date of issuance. A licensee who	12596
has been issued a license under that section shall be granted a	12597
grace period of thirty days after the licensee's license expires	12598
during which the licensee's license remains valid. Except as	12599
provided in divisions (B) and (C) of this section, a licensee who	12600
has been issued a license under section 2923.125 or 2923.1213 of	12601
the Revised Code may carry a concealed handgun anywhere in this	12602
state if the licensee also carries a valid license and valid	12603
identification when the licensee is in actual possession of a	12604
concealed handgun. The licensee shall give notice of any change in	12605
the licensee's residence address to the sheriff who issued the	12606
license within forty-five days after that change.	12607

If a licensee is the driver or an occupant of a motor vehicle	12608
that is stopped as the result of a traffic stop or a stop for	12609
another law enforcement purpose and if the licensee is	12610
transporting or has a loaded handgun in the motor vehicle at that	12611
time, the licensee shall promptly inform any law enforcement	12612
officer who approaches the vehicle while stopped that the licensee	12613
has been issued a license or temporary emergency license to carry	12614
a concealed handgun and that the licensee currently possesses or	12615
has a loaded handgun; the licensee shall not knowingly disregard	12616
or fail to comply with lawful orders of a law enforcement officer	12617
given while the motor vehicle is stopped, knowingly fail to remain	12618
in the motor vehicle while stopped, or knowingly fail to keep the	12619
licensee's hands in plain sight after any law enforcement officer	12620
begins approaching the licensee while stopped and before the	12621
officer leaves, unless directed otherwise by a law enforcement	12622
officer; and the licensee shall not knowingly remove, attempt to	12623
remove, grasp, or hold the loaded handgun or knowingly have	12624
contact with the loaded handgun by touching it with the licensee's	12625
hands or fingers, in any manner in violation of division (E) of	12626
section 2923.16 of the Revised Code, after any law enforcement	12627
officer begins approaching the licensee while stopped and before	12628
the officer leaves. Additionally, if a licensee is the driver or	12629
an occupant of a commercial motor vehicle that is stopped by an	12630
employee of the motor carrier enforcement unit for the purposes	12631
defined in section 5503.04 of the Revised Code and if the licensee	12632
is transporting or has a loaded handgun in the commercial motor	12633
vehicle at that time, the licensee shall promptly inform the	12634
employee of the unit who approaches the vehicle while stopped that	12635
the licensee has been issued a license or temporary emergency	12636
license to carry a concealed handgun and that the licensee	12637
currently possesses or has a loaded handgun.	12638

If a licensee is stopped for a law enforcement purpose and if	12639
the licensee is carrying a concealed handgun at the time the	12640
officer approaches, the licensee shall promptly inform any law	12641
enforcement officer who approaches the licensee while stopped that	12642
the licensee has been issued a license or temporary emergency	12643
license to carry a concealed handgun and that the licensee	12644
currently is carrying a concealed handgun; the licensee shall not	12645
knowingly disregard or fail to comply with lawful orders of a law	12646
enforcement officer given while the licensee is stopped or	12647
knowingly fail to keep the licensee's hands in plain sight after	12648
any law enforcement officer begins approaching the licensee while	12649
stopped and before the officer leaves, unless directed otherwise	12650
by a law enforcement officer; and the licensee shall not knowingly	12651
remove, attempt to remove, grasp, or hold the loaded handgun or	12652
knowingly have contact with the loaded handgun by touching it with	12653
the licensee's hands or fingers, in any manner in violation of	12654
division (B) of section 2923.12 of the Revised Code, after any law	12655
enforcement officer begins approaching the licensee while stopped	12656
and before the officer leaves.	12657

(B) A valid license issued under section 2923.125 or	12658
2923.1213 of the Revised Code does not authorize the licensee to	12659
carry a concealed handgun in any manner prohibited under division	12660
(B) of section 2923.12 of the Revised Code or in any manner	12661
prohibited under section 2923.16 of the Revised Code. A valid	12662
license does not authorize the licensee to carry a concealed	12663
handgun into any of the following places:	12664

(1) A police station, sheriff's office, or state highway	12665
patrol station, premises controlled by the bureau of criminal	12666
identification and investigation, a state correctional	12667
institution, jail, workhouse, or other detention facility, an	12668
airport passenger terminal, or an institution that is maintained,	12669
operated, managed, and governed pursuant to division (A) of	12670
section 5119.02 of the Revised Code or division (A)(1) of section	12671
5123.03 of the Revised Code;	12672

(2) A school safety zone if the licensee's carrying the	12673
concealed handgun is in violation of section 2923.122 of the	12674
Revised Code;	12675

(3) A courthouse or another building or structure in which a	12676
courtroom is located, in violation of section 2923.123 of the	12677
Revised Code;	12678

(4) Any premises or open air arena for which a D permit has	12679
been issued under Chapter 4303. of the Revised Code if the	12680
licensee's carrying the concealed handgun is in violation of	12681
section 2923.121 of the Revised Code;	12682

(5) Any premises owned or leased by any public or private	12683
college, university, or other institution of higher education,	12684
unless the handgun is in a locked motor vehicle or the licensee is	12685
in the immediate process of placing the handgun in a locked motor	12686
vehicle;	12687

(6) Any church, synagogue, mosque, or other place of worship,	12688
unless the church, synagogue, mosque, or other place of worship	12689
posts or permits otherwise;	12690

(7) A child day-care center, a type A family day-care home,	12691
or a type B family day-care home~~, or a type C family day-care~~	12692
~~home~~, except that this division does not prohibit a licensee who	12693
resides in a type A family day-care home,or a type B family	12694
day-care home~~, or a type C family day-care home~~ from carrying a	12695
concealed handgun at any time in any part of the home that is not	12696
dedicated or used for day-care purposes, or from carrying a	12697
concealed handgun in a part of the home that is dedicated or used	12698
for day-care purposes at any time during which no children, other	12699
than children of that licensee, are in the home;	12700

(8) An aircraft that is in, or intended for operation in,	12701
foreign air transportation, interstate air transportation,	12702
intrastate air transportation, or the transportation of mail by	12703
aircraft;	12704

(9) Any building that is a government facility of this state	12705
or a political subdivision of this state and that is not a	12706
building that is used primarily as a shelter, restroom, parking	12707
facility for motor vehicles, or rest facility and is not a	12708
courthouse or other building or structure in which a courtroom is	12709
located that is subject to division (B)(3) of this section;	12710

(10) A place in which federal law prohibits the carrying of	12711
handguns.	12712

(C)(1) Nothing in this section shall negate or restrict a	12713
rule, policy, or practice of a private employer that is not a	12714
private college, university, or other institution of higher	12715
education concerning or prohibiting the presence of firearms on	12716
the private employer's premises or property, including motor	12717
vehicles owned by the private employer. Nothing in this section	12718
shall require a private employer of that nature to adopt a rule,	12719
policy, or practice concerning or prohibiting the presence of	12720
firearms on the private employer's premises or property, including	12721
motor vehicles owned by the private employer.	12722

(2)(a) A private employer shall be immune from liability in a	12723
civil action for any injury, death, or loss to person or property	12724
that allegedly was caused by or related to a licensee bringing a	12725
handgun onto the premises or property of the private employer,	12726
including motor vehicles owned by the private employer, unless the	12727
private employer acted with malicious purpose. A private employer	12728
is immune from liability in a civil action for any injury, death,	12729
or loss to person or property that allegedly was caused by or	12730
related to the private employer's decision to permit a licensee to	12731
bring, or prohibit a licensee from bringing, a handgun onto the	12732
premises or property of the private employer. As used in this	12733
division, "private employer" includes a private college,	12734
university, or other institution of higher education.	12735

(b) A political subdivision shall be immune from liability in	12736
a civil action, to the extent and in the manner provided in	12737
Chapter 2744. of the Revised Code, for any injury, death, or loss	12738
to person or property that allegedly was caused by or related to a	12739
licensee bringing a handgun onto any premises or property owned,	12740
leased, or otherwise under the control of the political	12741
subdivision. As used in this division, "political subdivision" has	12742
the same meaning as in section 2744.01 of the Revised Code.	12743

(3)(a) Except as provided in division (C)(3)(b) of this	12744
section, the owner or person in control of private land or	12745
premises, and a private person or entity leasing land or premises	12746
owned by the state, the United States, or a political subdivision	12747
of the state or the United States, may post a sign in a	12748
conspicuous location on that land or on those premises prohibiting	12749
persons from carrying firearms or concealed firearms on or onto	12750
that land or those premises. Except as otherwise provided in this	12751
division, a person who knowingly violates a posted prohibition of	12752
that nature is guilty of criminal trespass in violation of	12753
division (A)(4) of section 2911.21 of the Revised Code and is	12754
guilty of a misdemeanor of the fourth degree. If a person	12755
knowingly violates a posted prohibition of that nature and the	12756
posted land or premises primarily was a parking lot or other	12757
parking facility, the person is not guilty of criminal trespass in	12758
violation of division (A)(4) of section 2911.21 of the Revised	12759
Code and instead is subject only to a civil cause of action for	12760
trespass based on the violation.	12761

(b) A landlord may not prohibit or restrict a tenant who is a	12762
licensee and who on or after ~~the effective date of this amendment~~	12763
September 9, 2008, enters into a rental agreement with the	12764
landlord for the use of residential premises, and the tenant's	12765
guest while the tenant is present, from lawfully carrying or	12766
possessing a handgun on those residential premises.	12767

12768

(i) "Residential premises" has the same meaning as in section	12769
5321.01 of the Revised Code, except "residential premises" does	12770
not include a dwelling unit that is owned or operated by a college	12771
or university.	12772

(ii) "Landlord," "tenant," and "rental agreement" have the	12773
same meanings as in section 5321.01 of the Revised Code.	12774

(D) A person who holds a license to carry a concealed handgun	12775
that was issued pursuant to the law of another state that is	12776
recognized by the attorney general pursuant to a reciprocity	12777
agreement entered into pursuant to section 109.69 of the Revised	12778
Code has the same right to carry a concealed handgun in this state	12779
as a person who was issued a license to carry a concealed handgun	12780
under section 2923.125 of the Revised Code and is subject to the	12781
same restrictions that apply to a person who carries a license	12782
issued under that section.	12783

(E) A peace officer has the same right to carry a concealed	12784
handgun in this state as a person who was issued a license to	12785
carry a concealed handgun under section 2923.125 of the Revised	12786
Code. For purposes of reciprocity with other states, a peace	12787
officer shall be considered to be a licensee in this state.	12788

(F)(1) A qualified retired peace officer who possesses a	12789
retired peace officer identification card issued pursuant to	12790
division (F)(2) of this section and a valid firearms	12791
requalification certification issued pursuant to division (F)(3)	12792
of this section has the same right to carry a concealed handgun in	12793
this state as a person who was issued a license to carry a	12794
concealed handgun under section 2923.125 of the Revised Code and	12795
is subject to the same restrictions that apply to a person who	12796
carries a license issued under that section. For purposes of	12797
reciprocity with other states, a qualified retired peace officer	12798
who possesses a retired peace officer identification card issued	12799
pursuant to division (F)(2) of this section and a valid firearms	12800
requalification certification issued pursuant to division (F)(3)	12801
of this section shall be considered to be a licensee in this	12802
state.	12803

(2)(a) Each public agency of this state or of a political	12804
subdivision of this state that is served by one or more peace	12805
officers shall issue a retired peace officer identification card	12806
to any person who retired from service as a peace officer with	12807
that agency, if the issuance is in accordance with the agency's	12808
policies and procedures and if the person, with respect to the	12809
person's service with that agency, satisfies all of the following:	12810

(i) The person retired in good standing from service as a	12811
peace officer with the public agency, and the retirement was not	12812
for reasons of mental instability.	12813

(ii) Before retiring from service as a peace officer with	12814
that agency, the person was authorized to engage in or supervise	12815
the prevention, detection, investigation, or prosecution of, or	12816
the incarceration of any person for, any violation of law and the	12817
person had statutory powers of arrest.	12818

(iii) At the time of the person's retirement as a peace	12819
officer with that agency, the person was trained and qualified to	12820
carry firearms in the performance of the peace officer's duties.	12821

(iv) Before retiring from service as a peace officer with	12822
that agency, the person was regularly employed as a peace officer	12823
for an aggregate of fifteen years or more, or, in the alternative,	12824
the person retired from service as a peace officer with that	12825
agency, after completing any applicable probationary period of	12826
that service, due to a service-connected disability, as determined	12827
by the agency.	12828

(b) A retired peace officer identification card issued to a	12829
person under division (F)(2)(a) of this section shall identify the	12830
person by name, contain a photograph of the person, identify the	12831
public agency of this state or of the political subdivision of	12832
this state from which the person retired as a peace officer and	12833
that is issuing the identification card, and specify that the	12834
person retired in good standing from service as a peace officer	12835
with the issuing public agency and satisfies the criteria set	12836
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	12837
addition to the required content specified in this division, a	12838
retired peace officer identification card issued to a person under	12839
division (F)(2)(a) of this section may include the firearms	12840
requalification certification described in division (F)(3) of this	12841
section, and if the identification card includes that	12842
certification, the identification card shall serve as the firearms	12843
requalification certification for the retired peace officer. If	12844
the issuing public agency issues credentials to active law	12845
enforcement officers who serve the agency, the agency may comply	12846
with division (F)(2)(a) of this section by issuing the same	12847
credentials to persons who retired from service as a peace officer	12848
with the agency and who satisfy the criteria set forth in	12849
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	12850
credentials so issued to retired peace officers are stamped with	12851
the word "RETIRED."	12852

(c) A public agency of this state or of a political	12853
subdivision of this state may charge persons who retired from	12854
service as a peace officer with the agency a reasonable fee for	12855
issuing to the person a retired peace officer identification card	12856
pursuant to division (F)(2)(a) of this section.	12857

(3) If a person retired from service as a peace officer with	12858
a public agency of this state or of a political subdivision of	12859
this state and the person satisfies the criteria set forth in	12860
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	12861
may provide the retired peace officer with the opportunity to	12862
attend a firearms requalification program that is approved for	12863
purposes of firearms requalification required under section	12864
109.801 of the Revised Code. The retired peace officer may be	12865
required to pay the cost of the course.	12866

If a retired peace officer who satisfies the criteria set	12867
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	12868
firearms requalification program that is approved for purposes of	12869
firearms requalification required under section 109.801 of the	12870
Revised Code, the retired peace officer's successful completion of	12871
the firearms requalification program requalifies the retired peace	12872
officer for purposes of division (F) of this section for five	12873
years from the date on which the program was successfully	12874
completed, and the requalification is valid during that five-year	12875
period. If a retired peace officer who satisfies the criteria set	12876
forth in divisions (F)(2)(a)(i) to (iv) of this section	12877
satisfactorily completes such a firearms requalification program,	12878
the retired peace officer shall be issued a firearms	12879
requalification certification that identifies the retired peace	12880
officer by name, identifies the entity that taught the program,	12881
specifies that the retired peace officer successfully completed	12882
the program, specifies the date on which the course was	12883
successfully completed, and specifies that the requalification is	12884
valid for five years from that date of successful completion. The	12885
firearms requalification certification for a retired peace officer	12886
may be included in the retired peace officer identification card	12887
issued to the retired peace officer under division (F)(2) of this	12888
section.	12889

A retired peace officer who attends a firearms	12890
requalification program that is approved for purposes of firearms	12891
requalification required under section 109.801 of the Revised Code	12892
may be required to pay the cost of the program.	12893

(G) As used in this section:

12894

(1) "Qualified retired peace officer" means a person who	12895
satisfies all of the following:	12896

(a) The person satisfies the criteria set forth in divisions	12897
(F)(2)(a)(i) to (v) of this section.	12898

(b) The person is not under the influence of alcohol or	12899
another intoxicating or hallucinatory drug or substance.	12900

(c) The person is not prohibited by federal law from	12901
receiving firearms.	12902

(2) "Retired peace officer identification card" means an	12903
identification card that is issued pursuant to division (F)(2) of	12904
this section to a person who is a retired peace officer.	12905

(3) "Government facility of this state or a political	12906
subdivision of this state" means any of the following:	12907

(a) A building or part of a building that is owned or leased	12908
by the government of this state or a political subdivision of this	12909
state and where employees of the government of this state or the	12910
political subdivision regularly are present for the purpose of	12911
performing their official duties as employees of the state or	12912
political subdivision;	12913

(b) The office of a deputy registrar serving pursuant to	12914
Chapter 4503. of the Revised Code that is used to perform deputy	12915
registrar functions.	12916

Sec. 2923.1212. (A) The following persons, boards, and	12917
entities, or designees, shall post in the following locations a	12918
sign that contains a statement in substantially the following	12919
form: "Unless otherwise authorized by law, pursuant to the Ohio	12920
Revised Code, no person shall knowingly possess, have under the	12921
person's control, convey, or attempt to convey a deadly weapon or	12922
dangerous ordnance onto these premises.":	12923

(1) The director of public safety or the person or board	12924
charged with the erection, maintenance, or repair of police	12925
stations, municipal jails, and the municipal courthouse and	12926
courtrooms in a conspicuous location at all police stations,	12927
municipal jails, and municipal courthouses and courtrooms;	12928

(2) The sheriff or sheriff's designee who has charge of the	12929
sheriff's office in a conspicuous location in that office;	12930

(3) The superintendent of the state highway patrol or the	12931
superintendent's designee in a conspicuous location at all state	12932
highway patrol stations;	12933

(4) Each sheriff, chief of police, or person in charge of	12934
every county, multicounty, municipal, municipal-county, or	12935
multicounty-municipal jail or workhouse, community-based	12936
correctional facility, halfway house, alternative residential	12937
facility, or other local or state correctional institution or	12938
detention facility within the state, or that person's designee, in	12939
a conspicuous location at that facility under that person's	12940
charge;	12941

(5) The board of trustees of a regional airport authority,	12942
chief administrative officer of an airport facility, or other	12943
person in charge of an airport facility in a conspicuous location	12944
at each airport facility under that person's control;	12945

(6) The officer or officer's designee who has charge of a	12946
courthouse or the building or structure in which a courtroom is	12947
located in a conspicuous location in that building or structure;	12948

(7) The superintendent of the bureau of criminal	12949
identification and investigation or the superintendent's designee	12950
in a conspicuous location in all premises controlled by that	12951
bureau;	12952

(8) The owner, administrator, or operator of a child day-care	12953
center, a type A family day-care home, or a type B family day-care	12954
home~~, or a type C family day-care home~~;	12955

(9) The officer of this state or of a political subdivision	12956
of this state, or the officer's designee, who has charge of a	12957
building that is a government facility of this state or the	12958
political subdivision of this state, as defined in section	12959
2923.126 of the Revised Code, and that is not a building that is	12960
used primarily as a shelter, restroom, parking facility for motor	12961
vehicles, or rest facility and is not a courthouse or other	12962
building or structure in which a courtroom is located that is	12963
subject to division (B)(3) of that section.	12964

(B) The following boards, bodies, and persons, or designees,	12965
shall post in the following locations a sign that contains a	12966
statement in substantially the following form: "Unless otherwise	12967
authorized by law, pursuant to Ohio Revised Code section 2923.122,	12968
no person shall knowingly possess, have under the person's	12969
control, convey, or attempt to convey a deadly weapon or dangerous	12970
ordnance into a school safety zone.":	12971

(1) A board of education of a city, local, exempted village,	12972
or joint vocational school district or that board's designee in a	12973
conspicuous location in each building and on each parcel of real	12974
property owned or controlled by the board;	12975

(2) A governing body of a school for which the state board of	12976
education prescribes minimum standards under section 3301.07 of	12977
the Revised Code or that body's designee in a conspicuous location	12978
in each building and on each parcel of real property owned or	12979
controlled by the school;	12980

(3) The principal or chief administrative officer of a	12981
nonpublic school in a conspicuous location on property owned or	12982
controlled by that nonpublic school.	12983

Sec. 2950.11. (A) Regardless of when the sexually oriented	12984
offense or child-victim oriented offense was committed, if a	12985
person is convicted of, pleads guilty to, has been convicted of,	12986
or has pleaded guilty to a sexually oriented offense or a	12987
child-victim oriented offense or a person is or has been	12988
adjudicated a delinquent child for committing a sexually oriented	12989
offense or a child-victim oriented offense and is classified a	12990
juvenile offender registrant or is an out-of-state juvenile	12991
offender registrant based on that adjudication, and if the	12992
offender or delinquent child is in any category specified in	12993
division (F)(1)(a), (b), or (c) of this section, the sheriff with	12994
whom the offender or delinquent child has most recently registered	12995
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	12996
and the sheriff to whom the offender or delinquent child most	12997
recently sent a notice of intent to reside under section 2950.04	12998
or 2950.041 of the Revised Code, within the period of time	12999
specified in division (C) of this section, shall provide a written	13000
notice containing the information set forth in division (B) of	13001
this section to all of the persons described in divisions (A)(1)	13002
to (10) of this section. If the sheriff has sent a notice to the	13003
persons described in those divisions as a result of receiving a	13004
notice of intent to reside and if the offender or delinquent child	13005
registers a residence address that is the same residence address	13006
described in the notice of intent to reside, the sheriff is not	13007
required to send an additional notice when the offender or	13008
delinquent child registers. The sheriff shall provide the notice	13009
to all of the following persons:	13010

(1)(a) Any occupant of each residential unit that is located	13011
within one thousand feet of the offender's or delinquent child's	13012
residential premises, that is located within the county served by	13013
the sheriff, and that is not located in a multi-unit building.	13014
Division (D)(3) of this section applies regarding notices required	13015
under this division.	13016

(b) If the offender or delinquent child resides in a	13017
multi-unit building, any occupant of each residential unit that is	13018
located in that multi-unit building and that shares a common	13019
hallway with the offender or delinquent child. For purposes of	13020
this division, an occupant's unit shares a common hallway with the	13021
offender or delinquent child if the entrance door into the	13022
occupant's unit is located on the same floor and opens into the	13023
same hallway as the entrance door to the unit the offender or	13024
delinquent child occupies. Division (D)(3) of this section applies	13025
regarding notices required under this division.	13026

(c) The building manager, or the person the building owner or	13027
condominium unit owners association authorizes to exercise	13028
management and control, of each multi-unit building that is	13029
located within one thousand feet of the offender's or delinquent	13030
child's residential premises, including a multi-unit building in	13031
which the offender or delinquent child resides, and that is	13032
located within the county served by the sheriff. In addition to	13033
notifying the building manager or the person authorized to	13034
exercise management and control in the multi-unit building under	13035
this division, the sheriff shall post a copy of the notice	13036
prominently in each common entryway in the building and any other	13037
location in the building the sheriff determines appropriate. The	13038
manager or person exercising management and control of the	13039
building shall permit the sheriff to post copies of the notice	13040
under this division as the sheriff determines appropriate. In lieu	13041
of posting copies of the notice as described in this division, a	13042
sheriff may provide notice to all occupants of the multi-unit	13043
building by mail or personal contact; if the sheriff so notifies	13044
all the occupants, the sheriff is not required to post copies of	13045
the notice in the common entryways to the building. Division	13046
(D)(3) of this section applies regarding notices required under	13047
this division.	13048

(d) All additional persons who are within any category of	13049
neighbors of the offender or delinquent child that the attorney	13050
general by rule adopted under section 2950.13 of the Revised Code	13051
requires to be provided the notice and who reside within the	13052
county served by the sheriff;	13053

(2) The executive director of the public children services	13054
agency that has jurisdiction within the specified geographical	13055
notification area and that is located within the county served by	13056
the sheriff;	13057

(3)(a) The superintendent of each board of education of a	13058
school district that has schools within the specified geographical	13059
notification area and that is located within the county served by	13060
the sheriff;	13061

(b) The principal of the school within the specified	13062
geographical notification area and within the county served by the	13063
sheriff that the delinquent child attends;	13064

(c) If the delinquent child attends a school outside of the	13065
specified geographical notification area or outside of the school	13066
district where the delinquent child resides, the superintendent of	13067
the board of education of a school district that governs the	13068
school that the delinquent child attends and the principal of the	13069
school that the delinquent child attends.	13070

(4)(a) The appointing or hiring officer of each chartered	13071
nonpublic school located within the specified geographical	13072
notification area and within the county served by the sheriff or	13073
of each other school located within the specified geographical	13074
notification area and within the county served by the sheriff and	13075
that is not operated by a board of education described in division	13076
(A)(3) of this section;	13077

(b) Regardless of the location of the school, the appointing	13078
or hiring officer of a chartered nonpublic school that the	13079
delinquent child attends.	13080

(5) The director, head teacher, elementary principal, or site	13081
administrator of each preschool program governed by Chapter 3301.	13082
of the Revised Code that is located within the specified	13083
geographical notification area and within the county served by the	13084
sheriff;	13085

(6) The administrator of each child day-care center or type A	13086
family day-care home that is located within the specified	13087
geographical notification area and within the county served by the	13088
sheriff, ~~and the provider of~~ each ~~certified~~holder of a license to	13089
operate a type B family day-care home that is located within the	13090
specified geographical notification area and within the county	13091
served by the sheriff. As used in this division, "child day-care	13092
center," "type A family day-care home," and "~~certified~~ type B	13093
family day-care home" have the same meanings as in section 5104.01	13094
of the Revised Code.	13095

(7) The president or other chief administrative officer of	13096
each institution of higher education, as defined in section	13097
2907.03 of the Revised Code, that is located within the specified	13098
geographical notification area and within the county served by the	13099
sheriff, and the chief law enforcement officer of the state	13100
university law enforcement agency or campus police department	13101
established under section 3345.04 or 1713.50 of the Revised Code,	13102
if any, that serves that institution;	13103

(8) The sheriff of each county that includes any portion of	13104
the specified geographical notification area;	13105

(9) If the offender or delinquent child resides within the	13106
county served by the sheriff, the chief of police, marshal, or	13107
other chief law enforcement officer of the municipal corporation	13108
in which the offender or delinquent child resides or, if the	13109
offender or delinquent child resides in an unincorporated area,	13110
the constable or chief of the police department or police district	13111
police force of the township in which the offender or delinquent	13112
child resides;	13113

(10) Volunteer organizations in which contact with minors or	13114
other vulnerable individuals might occur or any organization,	13115
company, or individual who requests notification as provided in	13116
division (J) of this section.	13117

(B) The notice required under division (A) of this section	13118
shall include all of the following information regarding the	13119
subject offender or delinquent child:	13120

(1) The offender's or delinquent child's name;

13121

(2) The address or addresses of the offender's or public	13122
registry-qualified juvenile offender registrant's residence,	13123
school, institution of higher education, or place of employment,	13124
as applicable, or the residence address or addresses of a	13125
delinquent child who is not a public registry-qualified juvenile	13126
offender registrant;	13127

(3) The sexually oriented offense or child-victim oriented	13128
offense of which the offender was convicted, to which the offender	13129
pleaded guilty, or for which the child was adjudicated a	13130
delinquent child;	13131

(4) A statement that identifies the category specified in	13132
division (F)(1)(a), (b), or (c) of this section that includes the	13133
offender or delinquent child and that subjects the offender or	13134
delinquent child to this section;	13135

(5) The offender's or delinquent child's photograph.

13136

(C) If a sheriff with whom an offender or delinquent child	13137
registers under section 2950.04, 2950.041, or 2950.05 of the	13138
Revised Code or to whom the offender or delinquent child most	13139
recently sent a notice of intent to reside under section 2950.04	13140
or 2950.041 of the Revised Code is required by division (A) of	13141
this section to provide notices regarding an offender or	13142
delinquent child and if, pursuant to that requirement, the sheriff	13143
provides a notice to a sheriff of one or more other counties in	13144
accordance with division (A)(8) of this section, the sheriff of	13145
each of the other counties who is provided notice under division	13146
(A)(8) of this section shall provide the notices described in	13147
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	13148
each person or entity identified within those divisions that is	13149
located within the specified geographical notification area and	13150
within the county served by the sheriff in question.	13151

(D)(1) A sheriff required by division (A) or (C) of this	13152
section to provide notices regarding an offender or delinquent	13153
child shall provide the notice to the neighbors that are described	13154
in division (A)(1) of this section and the notices to law	13155
enforcement personnel that are described in divisions (A)(8) and	13156
(9) of this section as soon as practicable, but no later than five	13157
days after the offender sends the notice of intent to reside to	13158
the sheriff and again no later than five days after the offender	13159
or delinquent child registers with the sheriff or, if the sheriff	13160
is required by division (C) of this section to provide the	13161
notices, no later than five days after the sheriff is provided the	13162
notice described in division (A)(8) of this section.	13163

A sheriff required by division (A) or (C) of this section to	13164
provide notices regarding an offender or delinquent child shall	13165
provide the notices to all other specified persons that are	13166
described in divisions (A)(2) to (7) and (A)(10) of this section	13167
as soon as practicable, but not later than seven days after the	13168
offender or delinquent child registers with the sheriff or, if the	13169
sheriff is required by division (C) of this section to provide the	13170
notices, no later than five days after the sheriff is provided the	13171
notice described in division (A)(8) of this section.	13172

(2) If an offender or delinquent child in relation to whom	13173
division (A) of this section applies verifies the offender's or	13174
delinquent child's current residence, school, institution of	13175
higher education, or place of employment address, as applicable,	13176
with a sheriff pursuant to section 2950.06 of the Revised Code,	13177
the sheriff may provide a written notice containing the	13178
information set forth in division (B) of this section to the	13179
persons identified in divisions (A)(1) to (10) of this section. If	13180
a sheriff provides a notice pursuant to this division to the	13181
sheriff of one or more other counties in accordance with division	13182
(A)(8) of this section, the sheriff of each of the other counties	13183
who is provided the notice under division (A)(8) of this section	13184
may provide, but is not required to provide, a written notice	13185
containing the information set forth in division (B) of this	13186
section to the persons identified in divisions (A)(1) to (7) and	13187
(A)(9) and (10) of this section.	13188

(3) A sheriff may provide notice under division (A)(1)(a) or	13189
(b) of this section, and may provide notice under division	13190
(A)(1)(c) of this section to a building manager or person	13191
authorized to exercise management and control of a building, by	13192
mail, by personal contact, or by leaving the notice at or under	13193
the entry door to a residential unit. For purposes of divisions	13194
(A)(1)(a) and (b) of this section, and the portion of division	13195
(A)(1)(c) of this section relating to the provision of notice to	13196
occupants of a multi-unit building by mail or personal contact,	13197
the provision of one written notice per unit is deemed as	13198
providing notice to all occupants of that unit.	13199

(E) All information that a sheriff possesses regarding an	13200
offender or delinquent child who is in a category specified in	13201
division (F)(1)(a), (b), or (c) of this section that is described	13202
in division (B) of this section and that must be provided in a	13203
notice required under division (A) or (C) of this section or that	13204
may be provided in a notice authorized under division (D)(2) of	13205
this section is a public record that is open to inspection under	13206
section 149.43 of the Revised Code.	13207

The sheriff shall not cause to be publicly disseminated by	13208
means of the internet any of the information described in this	13209
division that is provided by a delinquent child unless that child	13210
is in a category specified in division (F)(1)(a), (b), or (c) of	13211
this section.	13212

(F)(1) Except as provided in division (F)(2) of this section,	13213
the duties to provide the notices described in divisions (A) and	13214
(C) of this section apply regarding any offender or delinquent	13215
child who is in any of the following categories:	13216

(a) The offender is a tier III sex offender/child-victim	13217
offender, or the delinquent child is a public registry-qualified	13218
juvenile offender registrant, and a juvenile court has not removed	13219
pursuant to section 2950.15 of the Revised Code the delinquent	13220
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13221
and 2950.06 of the Revised Code.	13222

(b) The delinquent child is a tier III sex	13223
offender/child-victim offender who is not a ~~public-registry~~	13224
~~qualified~~public registry-qualified juvenile offender registrant,	13225
the delinquent child was subjected to this section prior to ~~the~~	13226
~~effective date of this amendment~~January 1, 2008, as a sexual	13227
predator, habitual sex offender, child-victim predator, or	13228
habitual child-victim offender, as those terms were defined in	13229
section 2950.01 of the Revised Code as it existed prior to ~~the~~	13230
~~effective date of this amendment~~January 1, 2008, and a juvenile	13231
court has not removed pursuant to section 2152.84 or 2152.85 of	13232
the Revised Code the delinquent child's duty to comply with	13233
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	13234
Code.	13235

(c) The delinquent child is a tier III sex	13236
offender/child-victim offender who is not a public	13237
registry-qualified juvenile offender registrant, the delinquent	13238
child was classified a juvenile offender registrant on or after	13239
~~the effective date of this amendment~~January 1, 2008, the court	13240
has imposed a requirement under section 2152.82, 2152.83, or	13241
2152.84 of the Revised Code subjecting the delinquent child to	13242
this section, and a juvenile court has not removed pursuant to	13243
section 2152.84 or 2152.85 of the Revised Code the delinquent	13244
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13245
and 2950.06 of the Revised Code.	13246

(2) The notification provisions of this section do not apply	13247
to a person described in division (F)(1)(a), (b), or (c) of this	13248
section if a court finds at a hearing after considering the	13249
factors described in this division that the person would not be	13250
subject to the notification provisions of this section that were	13251
in the version of this section that existed immediately prior to	13252
~~the effective date of this amendment~~January 1, 2008. In making	13253
the determination of whether a person would have been subject to	13254
the notification provisions under prior law as described in this	13255
division, the court shall consider the following factors:	13256

(a) The offender's or delinquent child's age;

13257

(b) The offender's or delinquent child's prior criminal or	13258
delinquency record regarding all offenses, including, but not	13259
limited to, all sexual offenses;	13260

(c) The age of the victim of the sexually oriented offense	13261
for which sentence is to be imposed or the order of disposition is	13262
to be made;	13263

(d) Whether the sexually oriented offense for which sentence	13264
is to be imposed or the order of disposition is to be made	13265
involved multiple victims;	13266

(e) Whether the offender or delinquent child used drugs or	13267
alcohol to impair the victim of the sexually oriented offense or	13268
to prevent the victim from resisting;	13269

(f) If the offender or delinquent child previously has been	13270
convicted of or pleaded guilty to, or been adjudicated a	13271
delinquent child for committing an act that if committed by an	13272
adult would be, a criminal offense, whether the offender or	13273
delinquent child completed any sentence or dispositional order	13274
imposed for the prior offense or act and, if the prior offense or	13275
act was a sex offense or a sexually oriented offense, whether the	13276
offender or delinquent child participated in available programs	13277
for sexual offenders;	13278

(g) Any mental illness or mental disability of the offender	13279
or delinquent child;	13280

(h) The nature of the offender's or delinquent child's sexual	13281
conduct, sexual contact, or interaction in a sexual context with	13282
the victim of the sexually oriented offense and whether the sexual	13283
conduct, sexual contact, or interaction in a sexual context was	13284
part of a demonstrated pattern of abuse;	13285

(i) Whether the offender or delinquent child, during the	13286
commission of the sexually oriented offense for which sentence is	13287
to be imposed or the order of disposition is to be made, displayed	13288
cruelty or made one or more threats of cruelty;	13289

(j) Whether the offender or delinquent child would have been	13290
a habitual sex offender or a habitual child victim offender under	13291
the definitions of those terms set forth in section 2950.01 of the	13292
Revised Code as that section existed prior to ~~the effective date~~	13293
~~of this amendment~~January 1, 2008;	13294

(k) Any additional behavioral characteristics that contribute	13295
to the offender's or delinquent child's conduct.	13296

(G)(1) The department of job and family services shall	13297
compile, maintain, and update in January and July of each year, a	13298
list of all agencies, centers, or homes of a type described in	13299
division (A)(2) or (6) of this section that contains the name of	13300
each agency, center, or home of that type, the county in which it	13301
is located, its address and telephone number, and the name of an	13302
administrative officer or employee of the agency, center, or home.	13303

(2) The department of education shall compile, maintain, and	13304
update in January and July of each year, a list of all boards of	13305
education, schools, or programs of a type described in division	13306
(A)(3), (4), or (5) of this section that contains the name of each	13307
board of education, school, or program of that type, the county in	13308
which it is located, its address and telephone number, the name of	13309
the superintendent of the board or of an administrative officer or	13310
employee of the school or program, and, in relation to a board of	13311
education, the county or counties in which each of its schools is	13312
located and the address of each such school.	13313

(3) The Ohio board of regents shall compile, maintain, and	13314
update in January and July of each year, a list of all	13315
institutions of a type described in division (A)(7) of this	13316
section that contains the name of each such institution, the	13317
county in which it is located, its address and telephone number,	13318
and the name of its president or other chief administrative	13319
officer.	13320

(4) A sheriff required by division (A) or (C) of this	13321
section, or authorized by division (D)(2) of this section, to	13322
provide notices regarding an offender or delinquent child, or a	13323
designee of a sheriff of that type, may request the department of	13324
job and family services, department of education, or Ohio board of	13325
regents, by telephone, in person, or by mail, to provide the	13326
sheriff or designee with the names, addresses, and telephone	13327
numbers of the appropriate persons and entities to whom the	13328
notices described in divisions (A)(2) to (7) of this section are	13329
to be provided. Upon receipt of a request, the department or board	13330
shall provide the requesting sheriff or designee with the names,	13331
addresses, and telephone numbers of the appropriate persons and	13332
entities to whom those notices are to be provided.	13333

(H)(1) Upon the motion of the offender or the prosecuting	13334
attorney of the county in which the offender was convicted of or	13335
pleaded guilty to the sexually oriented offense or child-victim	13336
oriented offense for which the offender is subject to community	13337
notification under this section, or upon the motion of the	13338
sentencing judge or that judge's successor in office, the judge	13339
may schedule a hearing to determine whether the interests of	13340
justice would be served by suspending the community notification	13341
requirement under this section in relation to the offender. The	13342
judge may dismiss the motion without a hearing but may not issue	13343
an order suspending the community notification requirement without	13344
a hearing. At the hearing, all parties are entitled to be heard,	13345
and the judge shall consider all of the factors set forth in	13346
division (K) of this section. If, at the conclusion of the	13347
hearing, the judge finds that the offender has proven by clear and	13348
convincing evidence that the offender is unlikely to commit in the	13349
future a sexually oriented offense or a child-victim oriented	13350
offense and if the judge finds that suspending the community	13351
notification requirement is in the interests of justice, the judge	13352
may suspend the application of this section in relation to the	13353
offender. The order shall contain both of these findings.	13354

The judge promptly shall serve a copy of the order upon the	13355
sheriff with whom the offender most recently registered under	13356
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	13357
the bureau of criminal identification and investigation.	13358

An order suspending the community notification requirement	13359
does not suspend or otherwise alter an offender's duties to comply	13360
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	13361
Revised Code and does not suspend the victim notification	13362
requirement under section 2950.10 of the Revised Code.	13363

(2) A prosecuting attorney, a sentencing judge or that	13364
judge's successor in office, and an offender who is subject to the	13365
community notification requirement under this section may	13366
initially make a motion under division (H)(1) of this section upon	13367
the expiration of twenty years after the offender's duty to comply	13368
with division (A)(2), (3), or (4) of section 2950.04, division	13369
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	13370
2950.06 of the Revised Code begins in relation to the offense for	13371
which the offender is subject to community notification. After the	13372
initial making of a motion under division (H)(1) of this section,	13373
thereafter, the prosecutor, judge, and offender may make a	13374
subsequent motion under that division upon the expiration of five	13375
years after the judge has entered an order denying the initial	13376
motion or the most recent motion made under that division.	13377

(3) The offender and the prosecuting attorney have the right	13378
to appeal an order approving or denying a motion made under	13379
division (H)(1) of this section.	13380

(4) Divisions (H)(1) to (3) of this section do not apply to	13381
any of the following types of offender:	13382

(a) A person who is convicted of or pleads guilty to a	13383
violent sex offense or designated homicide, assault, or kidnapping	13384
offense and who, in relation to that offense, is adjudicated a	13385
sexually violent predator;	13386

(b) A person who is convicted of or pleads guilty to a	13387
sexually oriented offense that is a violation of division	13388
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	13389
after January 2, 2007, and either who is sentenced under section	13390
2971.03 of the Revised Code or upon whom a sentence of life	13391
without parole is imposed under division (B) of section 2907.02 of	13392
the Revised Code;	13393

(c) A person who is convicted of or pleads guilty to a	13394
sexually oriented offense that is attempted rape committed on or	13395
after January 2, 2007, and who also is convicted of or pleads	13396
guilty to a specification of the type described in section	13397
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	13398

(d) A person who is convicted of or pleads guilty to an	13399
offense described in division (B)(3)(a), (b), (c), or (d) of	13400
section 2971.03 of the Revised Code and who is sentenced for that	13401
offense pursuant to that division;	13402

(e) An offender who is in a category specified in division	13403
(F)(1)(a), (b), or (c) of this section and who, subsequent to	13404
being subjected to community notification, has pleaded guilty to	13405
or been convicted of a sexually oriented offense or child-victim	13406
oriented offense.	13407

(I) If a person is convicted of, pleads guilty to, has been	13408
convicted of, or has pleaded guilty to a sexually oriented offense	13409
or a child-victim oriented offense or a person is or has been	13410
adjudicated a delinquent child for committing a sexually oriented	13411
offense or a child-victim oriented offense and is classified a	13412
juvenile offender registrant or is an out-of-state juvenile	13413
offender registrant based on that adjudication, and if the	13414
offender or delinquent child is not in any category specified in	13415
division (F)(1)(a), (b), or (c) of this section, the sheriff with	13416
whom the offender or delinquent child has most recently registered	13417
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	13418
and the sheriff to whom the offender or delinquent child most	13419
recently sent a notice of intent to reside under section 2950.04	13420
or 2950.041 of the Revised Code, within the period of time	13421
specified in division (D) of this section, shall provide a written	13422
notice containing the information set forth in division (B) of	13423
this section to the executive director of the public children	13424
services agency that has jurisdiction within the specified	13425
geographical notification area and that is located within the	13426
county served by the sheriff.	13427

(J) Each sheriff shall allow a volunteer organization or	13428
other organization, company, or individual who wishes to receive	13429
the notice described in division (A)(10) of this section regarding	13430
a specific offender or delinquent child or notice regarding all	13431
offenders and delinquent children who are located in the specified	13432
geographical notification area to notify the sheriff by electronic	13433
mail or through the sheriff's web site of this election. The	13434
sheriff shall promptly inform the bureau of criminal	13435
identification and investigation of these requests in accordance	13436
with the forwarding procedures adopted by the attorney general	13437
pursuant to section 2950.13 of the Revised Code.	13438

(K) In making a determination under division (H)(1) of this	13439
section as to whether to suspend the community notification	13440
requirement under this section for an offender, the judge shall	13441
consider all relevant factors, including, but not limited to, all	13442
of the following:	13443

(1) The offender's age;

13444

(2) The offender's prior criminal or delinquency record	13445
regarding all offenses, including, but not limited to, all	13446
sexually oriented offenses or child-victim oriented offenses;	13447

(3) The age of the victim of the sexually oriented offense or	13448
child-victim oriented offense the offender committed;	13449

(4) Whether the sexually oriented offense or child-victim	13450
oriented offense the offender committed involved multiple victims;	13451

(5) Whether the offender used drugs or alcohol to impair the	13452
victim of the sexually oriented offense or child-victim oriented	13453
offense the offender committed or to prevent the victim from	13454
resisting;	13455

(6) If the offender previously has been convicted of, pleaded	13456
guilty to, or been adjudicated a delinquent child for committing	13457
an act that if committed by an adult would be a criminal offense,	13458
whether the offender completed any sentence or dispositional order	13459
imposed for the prior offense or act and, if the prior offense or	13460
act was a sexually oriented offense or a child-victim oriented	13461
offense, whether the offender or delinquent child participated in	13462
available programs for sex offenders or child-victim offenders;	13463

(7) Any mental illness or mental disability of the offender;

13464

(8) The nature of the offender's sexual conduct, sexual	13465
contact, or interaction in a sexual context with the victim of the	13466
sexually oriented offense the offender committed or the nature of	13467
the offender's interaction in a sexual context with the victim of	13468
the child-victim oriented offense the offender committed,	13469
whichever is applicable, and whether the sexual conduct, sexual	13470
contact, or interaction in a sexual context was part of a	13471
demonstrated pattern of abuse;	13472

(9) Whether the offender, during the commission of the	13473
sexually oriented offense or child-victim oriented offense the	13474
offender committed, displayed cruelty or made one or more threats	13475
of cruelty;	13476

(10) Any additional behavioral characteristics that	13477
contribute to the offender's conduct.	13478

(L) As used in this section, "specified geographical	13479
notification area" means the geographic area or areas within which	13480
the attorney general, by rule adopted under section 2950.13 of the	13481
Revised Code, requires the notice described in division (B) of	13482
this section to be given to the persons identified in divisions	13483
(A)(2) to (8) of this section.	13484

Sec. 2950.13. (A) The attorney general shall do all of the	13485
following:	13486

(1) No later than July 1, 1997, establish and maintain a	13487
state registry of sex offenders and child-victim offenders that is	13488
housed at the bureau of criminal identification and investigation	13489
and that contains all of the registration, change of residence,	13490
school, institution of higher education, or place of employment	13491
address, and verification information the bureau receives pursuant	13492
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	13493
Code regarding each person who is convicted of, pleads guilty to,	13494
has been convicted of, or has pleaded guilty to a sexually	13495
oriented offense or a child-victim oriented offense and each	13496
person who is or has been adjudicated a delinquent child for	13497
committing a sexually oriented offense or a child-victim oriented	13498
offense and is classified a juvenile offender registrant or is an	13499
out-of-state juvenile offender registrant based on that	13500
adjudication, all of the information the bureau receives pursuant	13501
to section 2950.14 of the Revised Code, and any notice of an order	13502
terminating or modifying an offender's or delinquent child's duty	13503
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	13504
the Revised Code the bureau receives pursuant to section 2152.84,	13505
2152.85, or 2950.15 of the Revised Code. For a person who was	13506
convicted of or pleaded guilty to the sexually oriented offense or	13507
child-victim related offense, the registry also shall indicate	13508
whether the person was convicted of or pleaded guilty to the	13509
offense in a criminal prosecution or in a serious youthful	13510
offender case. The registry shall not be open to inspection by the	13511
public or by any person other than a person identified in division	13512
(A) of section 2950.08 of the Revised Code. In addition to the	13513
information and material previously identified in this division,	13514
the registry shall include all of the following regarding each	13515
person who is listed in the registry:	13516

(a) A citation for, and the name of, all sexually oriented	13517
offenses or child-victim oriented offenses of which the person was	13518
convicted, to which the person pleaded guilty, or for which the	13519
person was adjudicated a delinquent child and that resulted in a	13520
registration duty, and the date on which those offenses were	13521
committed;	13522

(b) The text of the sexually oriented offenses or	13523
child-victim oriented offenses identified in division (A)(1)(a) of	13524
this section as those offenses existed at the time the person was	13525
convicted of, pleaded guilty to, or was adjudicated a delinquent	13526
child for committing those offenses, or a link to a database that	13527
sets forth the text of those offenses;	13528

(c) A statement as to whether the person is a tier I sex	13529
offender/child-victim offender, a tier II sex	13530
offender/child-victim offender, or a tier III sex	13531
offender/child-victim offender for the sexually oriented offenses	13532
or child-victim oriented offenses identified in division (A)(1)(a)	13533
of this section;	13534

(d) The community supervision status of the person,	13535
including, but not limited to, whether the person is serving a	13536
community control sanction and the nature of any such sanction,	13537
whether the person is under supervised release and the nature of	13538
the release, or regarding a juvenile, whether the juvenile is	13539
under any type of release authorized under Chapter 2152. or 5139.	13540
of the Revised Code and the nature of any such release;	13541

(e) The offense and delinquency history of the person, as	13542
determined from information gathered or provided under sections	13543
109.57 and 2950.14 of the Revised Code;	13544

(f) The bureau of criminal identification and investigation	13545
tracking number assigned to the person if one has been so	13546
assigned, the federal bureau of investigation number assigned to	13547
the person if one has been assigned and the bureau of criminal	13548
identification and investigation is aware of the number, and any	13549
other state identification number assigned to the person of which	13550
the bureau is aware;	13551

(g) Fingerprints and palmprints of the person;

13552

(h) A DNA specimen, as defined in section 109.573 of the	13553
Revised Code, from the person;	13554

(i) Whether the person has any outstanding arrest warrants;

13555

(j) Whether the person is in compliance with the person's	13556
duties under this chapter.	13557

(2) In consultation with local law enforcement	13558
representatives and no later than July 1, 1997, adopt rules that	13559
contain guidelines necessary for the implementation of this	13560
chapter;	13561

(3) In consultation with local law enforcement	13562
representatives, adopt rules for the implementation and	13563
administration of the provisions contained in section 2950.11 of	13564
the Revised Code that pertain to the notification of neighbors of	13565
an offender or a delinquent child who has committed a sexually	13566
oriented offense or a child-victim oriented offense and ~~and~~ is in	13567
a category specified in division (F)(1) of that section and rules	13568
that prescribe a manner in which victims of a sexually oriented	13569
offense or a child-victim oriented offense committed by an	13570
offender or a delinquent child who is in a category specified in	13571
division (B)(1) of section 2950.10 of the Revised Code may make a	13572
request that specifies that the victim would like to be provided	13573
the notices described in divisions (A)(1) and (2) of section	13574
2950.10 of the Revised Code;	13575

(4) In consultation with local law enforcement	13576
representatives and through the bureau of criminal identification	13577
and investigation, prescribe the forms to be used by judges and	13578
officials pursuant to section 2950.03 or 2950.032 of the Revised	13579
Code to advise offenders and delinquent children of their duties	13580
of filing a notice of intent to reside, registration, notification	13581
of a change of residence, school, institution of higher education,	13582
or place of employment address and registration of the new,	13583
school, institution of higher education, or place of employment	13584
address, as applicable, and address verification under sections	13585
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	13586
prescribe the forms to be used by sheriffs relative to those	13587
duties of filing a notice of intent to reside, registration,	13588
change of residence, school, institution of higher education, or	13589
place of employment address notification, and address	13590
verification;	13591

(5) Make copies of the forms prescribed under division (A)(4)	13592
of this section available to judges, officials, and sheriffs;	13593

(6) Through the bureau of criminal identification and	13594
investigation, provide the notifications, the information and	13595
materials, and the documents that the bureau is required to	13596
provide to appropriate law enforcement officials and to the	13597
federal bureau of investigation pursuant to sections 2950.04,	13598
2950.041, 2950.05, and 2950.06 of the Revised Code;	13599

(7) Through the bureau of criminal identification and	13600
investigation, maintain the verification forms returned under the	13601
address verification mechanism set forth in section 2950.06 of the	13602
Revised Code;	13603

(8) In consultation with representatives of the officials,	13604
judges, and sheriffs, adopt procedures for officials, judges, and	13605
sheriffs to use to forward information, photographs, and	13606
fingerprints to the bureau of criminal identification and	13607
investigation pursuant to the requirements of sections 2950.03,	13608
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	13609
Code;	13610

(9) In consultation with the director of education, the	13611
director of job and family services, and the director of	13612
rehabilitation and correction, adopt rules that contain guidelines	13613
to be followed by boards of education of a school district,	13614
chartered nonpublic schools or other schools not operated by a	13615
board of education, preschool programs, child day-care centers,	13616
type A family day-care homes, ~~certified~~licensed type B family	13617
day-care homes, and institutions of higher education regarding the	13618
proper use and administration of information received pursuant to	13619
section 2950.11 of the Revised Code relative to an offender or	13620
delinquent child who has committed a sexually oriented offense or	13621
a child-victim oriented offense and is in a category specified in	13622
division (F)(1) of that section;	13623

(10) In consultation with local law enforcement	13624
representatives and no later than July 1, 1997, adopt rules that	13625
designate a geographic area or areas within which the notice	13626
described in division (B) of section 2950.11 of the Revised Code	13627
must be given to the persons identified in divisions (A)(2) to (8)	13628
and (A)(10) of that section;	13629

(11) Through the bureau of criminal identification and	13630
investigation, not later than January 1, 2004, establish and	13631
operate on the internet a sex offender and child-victim offender	13632
database that contains information for every offender who has	13633
committed a sexually oriented offense or a child-victim oriented	13634
offense and registers in any county in this state pursuant to	13635
section 2950.04 or 2950.041 of the Revised Code and for every	13636
delinquent child who has committed a sexually oriented offense, is	13637
a public registry-qualified juvenile offender registrant, and	13638
registers in any county in this state pursuant to either such	13639
section. The bureau shall not include on the database the identity	13640
of any offender's or public registry-qualified juvenile offender	13641
registrant's victim, any offender's or public registry-qualified	13642
juvenile offender registrant's social security number, the name of	13643
any school or institution of higher education attended by any	13644
offender or public registry-qualified juvenile offender	13645
registrant, the name of the place of employment of any offender or	13646
public registry-qualified juvenile offender registrant, any	13647
tracking or identification number described in division (A)(1)(f)	13648
of this section, or any information described in division (C)(7)	13649
of section 2950.04 or 2950.041 of the Revised Code. The bureau	13650
shall provide on the database, for each offender and each public	13651
registry-qualified juvenile offender registrant, at least the	13652
information specified in divisions (A)(11)(a) to (h) of this	13653
section. Otherwise, the bureau shall determine the information to	13654
be provided on the database for each offender and public	13655
registry-qualified juvenile offender registrant and shall obtain	13656
that information from the information contained in the state	13657
registry of sex offenders and child-victim offenders described in	13658
division (A)(1) of this section, which information, while in the	13659
possession of the sheriff who provided it, is a public record open	13660
for inspection as described in section 2950.081 of the Revised	13661
Code. The database is a public record open for inspection under	13662
section 149.43 of the Revised Code, and it shall be searchable by	13663
offender or public registry-qualified juvenile offender registrant	13664
name, by county, by zip code, and by school district. The database	13665
shall provide a link to the web site of each sheriff who has	13666
established and operates on the internet a sex offender and	13667
child-victim offender database that contains information for	13668
offenders and public registry-qualified juvenile offender	13669
registrants who register in that county pursuant to section	13670
2950.04 or 2950.041 of the Revised Code, with the link being a	13671
direct link to the sex offender and child-victim offender database	13672
for the sheriff. The bureau shall provide on the database, for	13673
each offender and public registry-qualified juvenile offender	13674
registrant, at least the following information:	13675

(a) The information described in divisions (A)(1)(a), (b),	13676
(c), and (d) of this section relative to the offender or public	13677
registry-qualified juvenile offender registrant;	13678

(b) The address of the offender's or public	13679
registry-qualified juvenile offender registrant's school,	13680
institution of higher education, or place of employment provided	13681
in a registration form;	13682

(c) The information described in division (C)(6) of section	13683
2950.04 or 2950.041 of the Revised Code;	13684

(d) A chart describing which sexually oriented offenses and	13685
child-victim oriented offenses are included in the definitions of	13686
tier I sex offender/child-victim offender, tier II sex	13687
offender/child-victim offender, and tier III sex	13688
offender/child-victim offender;	13689

(e) Fingerprints and ~~palm prints~~palmprints of the offender	13690
or public registry-qualified juvenile offender registrant and a	13691
DNA specimen from the offender or public registry-qualified	13692
juvenile offender registrant;	13693

(f) The information set forth in division (B) of section	13694
2950.11 of the Revised Code;	13695

(g) Any outstanding arrest warrants for the offender or	13696
public registry-qualified juvenile offender registrant;	13697

(h) The offender's or public registry-qualified juvenile	13698
offender registrant's compliance status with duties under this	13699
chapter.	13700

(12) Develop software to be used by sheriffs in establishing	13701
on the internet a sex offender and child-victim offender database	13702
for the public dissemination of some or all of the information and	13703
materials described in division (A) of section 2950.081 of the	13704
Revised Code that are public records under that division, that are	13705
not prohibited from inclusion by division (B) of that section, and	13706
that pertain to offenders and public registry-qualified juvenile	13707
offender registrants who register in the sheriff's county pursuant	13708
to section 2950.04 or 2950.041 of the Revised Code and for the	13709
public dissemination of information the sheriff receives pursuant	13710
to section 2950.14 of the Revised Code and, upon the request of	13711
any sheriff, provide technical guidance to the requesting sheriff	13712
in establishing on the internet such a database;	13713

(13) Through the bureau of criminal identification and	13714
investigation, not later than January 1, 2004, establish and	13715
operate on the internet a database that enables local law	13716
enforcement representatives to remotely search by electronic means	13717
the state registry of sex offenders and child-victim offenders	13718
described in division (A)(1) of this section and any information	13719
and materials the bureau receives pursuant to sections 2950.04,	13720
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	13721
database shall enable local law enforcement representatives to	13722
obtain detailed information regarding each offender and delinquent	13723
child who is included in the registry, including, but not limited	13724
to the offender's or delinquent child's name, aliases, residence	13725
address, name and address of any place of employment, school,	13726
institution of higher education, if applicable, license plate	13727
number of each vehicle identified in division (C)(5) of section	13728
2950.04 or 2950.041 of the Revised Code to the extent applicable,	13729
victim preference if available, date of most recent release from	13730
confinement if applicable, fingerprints, and palmprints, all of	13731
the information and material described in ~~division~~divisions	13732
(A)(1)(a) to (h) of this section regarding the offender or	13733
delinquent child, and other identification parameters the bureau	13734
considers appropriate. The database is not a public record open	13735
for inspection under section 149.43 of the Revised Code and shall	13736
be available only to law enforcement representatives as described	13737
in this division. Information obtained by local law enforcement	13738
representatives through use of this database is not open to	13739
inspection by the public or by any person other than a person	13740
identified in division (A) of section 2950.08 of the Revised Code.	13741

(14) Through the bureau of criminal identification and	13742
investigation, maintain a list of requests for notice about a	13743
specified offender or delinquent child or specified geographical	13744
notification area made pursuant to division (J) of section 2950.11	13745
of the Revised Code and, when an offender or delinquent child	13746
changes residence to another county, forward any requests for	13747
information about that specific offender or delinquent child to	13748
the appropriate sheriff;	13749

(15) Through the bureau of criminal identification and	13750
investigation, establish and operate a system for the immediate	13751
notification by electronic means of the appropriate officials in	13752
other states specified in this division each time an offender or	13753
delinquent child registers a residence, school, institution of	13754
higher education, or place of employment address under section	13755
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	13756
notice of a change of address or registers a new address under	13757
division (A) or (B) of section 2950.05 of the Revised Code. The	13758
immediate notification by electronic means shall be provided to	13759
the appropriate officials in each state in which the offender or	13760
delinquent child is required to register a residence, school,	13761
institution of higher education, or place of employment address.	13762
The notification shall contain the offender's or delinquent	13763
child's name and all of the information the bureau receives from	13764
the sheriff with whom the offender or delinquent child registered	13765
the address or provided the notice of change of address or	13766
registered the new address.	13767

(B) The attorney general in consultation with local law	13768
enforcement representatives, may adopt rules that establish one or	13769
more categories of neighbors of an offender or delinquent child	13770
who, in addition to the occupants of residential premises and	13771
other persons specified in division (A)(1) of section 2950.11 of	13772
the Revised Code, must be given the notice described in division	13773
(B) of that section.	13774

(C) No person, other than a local law enforcement	13775
representative, shall knowingly do any of the following:	13776

(1) Gain or attempt to gain access to the database	13777
established and operated by the attorney general, through the	13778
bureau of criminal identification and investigation, pursuant to	13779
division (A)(13) of this section.	13780

(2) Permit any person to inspect any information obtained	13781
through use of the database described in division (C)(1) of this	13782
section, other than as permitted under that division.	13783

(D) As used in this section, "local law enforcement	13784
representatives" means representatives of the sheriffs of this	13785
state, representatives of the municipal chiefs of police and	13786
marshals of this state, and representatives of the township	13787
constables and chiefs of police of the township police departments	13788
or police district police forces of this state.	13789

Sec. 3109.051. (A) If a divorce, dissolution, legal	13790
separation, or annulment proceeding involves a child and if the	13791
court has not issued a shared parenting decree, the court shall	13792
consider any mediation report filed pursuant to section 3109.052	13793
of the Revised Code and, in accordance with division (C) of this	13794
section, shall make a just and reasonable order or decree	13795
permitting each parent who is not the residential parent to have	13796
parenting time with the child at the time and under the conditions	13797
that the court directs, unless the court determines that it would	13798
not be in the best interest of the child to permit that parent to	13799
have parenting time with the child and includes in the journal its	13800
findings of fact and conclusions of law. Whenever possible, the	13801
order or decree permitting the parenting time shall ensure the	13802
opportunity for both parents to have frequent and continuing	13803
contact with the child, unless frequent and continuing contact by	13804
either parent with the child would not be in the best interest of	13805
the child. The court shall include in its final decree a specific	13806
schedule of parenting time for that parent. Except as provided in	13807
division (E)(6) of section 3113.31 of the Revised Code, if the	13808
court, pursuant to this section, grants parenting time to a parent	13809
or companionship or visitation rights to any other person with	13810
respect to any child, it shall not require the public children	13811
services agency to provide supervision of or other services	13812
related to that parent's exercise of parenting time or that	13813
person's exercise of companionship or visitation rights with	13814
respect to the child. This section does not limit the power of a	13815
juvenile court pursuant to Chapter 2151. of the Revised Code to	13816
issue orders with respect to children who are alleged to be	13817
abused, neglected, or dependent children or to make dispositions	13818
of children who are adjudicated abused, neglected, or dependent	13819
children or of a common pleas court to issue orders pursuant to	13820
section 3113.31 of the Revised Code.	13821

(B)(1) In a divorce, dissolution of marriage, legal	13822
separation, annulment, or child support proceeding that involves a	13823
child, the court may grant reasonable companionship or visitation	13824
rights to any grandparent, any person related to the child by	13825
consanguinity or affinity, or any other person other than a	13826
parent, if all of the following apply:	13827

(a) The grandparent, relative, or other person files a motion	13828
with the court seeking companionship or visitation rights.	13829

(b) The court determines that the grandparent, relative, or	13830
other person has an interest in the welfare of the child.	13831

(c) The court determines that the granting of the	13832
companionship or visitation rights is in the best interest of the	13833
child.	13834

(2) A motion may be filed under division (B)(1) of this	13835
section during the pendency of the divorce, dissolution of	13836
marriage, legal separation, annulment, or child support proceeding	13837
or, if a motion was not filed at that time or was filed at that	13838
time and the circumstances in the case have changed, at any time	13839
after a decree or final order is issued in the case.	13840

(C) When determining whether to grant parenting time rights	13841
to a parent pursuant to this section or section 3109.12 of the	13842
Revised Code or to grant companionship or visitation rights to a	13843
grandparent, relative, or other person pursuant to this section or	13844
section 3109.11 or 3109.12 of the Revised Code, when establishing	13845
a specific parenting time or visitation schedule, and when	13846
determining other parenting time matters under this section or	13847
section 3109.12 of the Revised Code or visitation matters under	13848
this section or section 3109.11 or 3109.12 of the Revised Code,	13849
the court shall consider any mediation report that is filed	13850
pursuant to section 3109.052 of the Revised Code and shall	13851
consider all other relevant factors, including, but not limited	13852
to, all of the factors listed in division (D) of this section. In	13853
considering the factors listed in division (D) of this section for	13854
purposes of determining whether to grant parenting time or	13855
visitation rights, establishing a specific parenting time or	13856
visitation schedule, determining other parenting time matters	13857
under this section or section 3109.12 of the Revised Code or	13858
visitation matters under this section or under section 3109.11 or	13859
3109.12 of the Revised Code, and resolving any issues related to	13860
the making of any determination with respect to parenting time or	13861
visitation rights or the establishment of any specific parenting	13862
time or visitation schedule, the court, in its discretion, may	13863
interview in chambers any or all involved children regarding their	13864
wishes and concerns. If the court interviews any child concerning	13865
the child's wishes and concerns regarding those parenting time or	13866
visitation matters, the interview shall be conducted in chambers,	13867
and no person other than the child, the child's attorney, the	13868
judge, any necessary court personnel, and, in the judge's	13869
discretion, the attorney of each parent shall be permitted to be	13870
present in the chambers during the interview. No person shall	13871
obtain or attempt to obtain from a child a written or recorded	13872
statement or affidavit setting forth the wishes and concerns of	13873
the child regarding those parenting time or visitation matters. A	13874
court, in considering the factors listed in division (D) of this	13875
section for purposes of determining whether to grant any parenting	13876
time or visitation rights, establishing a parenting time or	13877
visitation schedule, determining other parenting time matters	13878
under this section or section 3109.12 of the Revised Code or	13879
visitation matters under this section or under section 3109.11 or	13880
3109.12 of the Revised Code, or resolving any issues related to	13881
the making of any determination with respect to parenting time or	13882
visitation rights or the establishment of any specific parenting	13883
time or visitation schedule, shall not accept or consider a	13884
written or recorded statement or affidavit that purports to set	13885
forth the child's wishes or concerns regarding those parenting	13886
time or visitation matters.	13887

(D) In determining whether to grant parenting time to a	13888
parent pursuant to this section or section 3109.12 of the Revised	13889
Code or companionship or visitation rights to a grandparent,	13890
relative, or other person pursuant to this section or section	13891
3109.11 or 3109.12 of the Revised Code, in establishing a specific	13892
parenting time or visitation schedule, and in determining other	13893
parenting time matters under this section or section 3109.12 of	13894
the Revised Code or visitation matters under this section or	13895
section 3109.11 or 3109.12 of the Revised Code, the court shall	13896
consider all of the following factors:	13897

(1) The prior interaction and interrelationships of the child	13898
with the child's parents, siblings, and other persons related by	13899
consanguinity or affinity, and with the person who requested	13900
companionship or visitation if that person is not a parent,	13901
sibling, or relative of the child;	13902

(2) The geographical location of the residence of each parent	13903
and the distance between those residences, and if the person is	13904
not a parent, the geographical location of that person's residence	13905
and the distance between that person's residence and the child's	13906
residence;	13907

(3) The child's and parents' available time, including, but	13908
not limited to, each parent's employment schedule, the child's	13909
school schedule, and the child's and the parents' holiday and	13910
vacation schedule;	13911

(4) The age of the child;

13912

(5) The child's adjustment to home, school, and community;

13913

(6) If the court has interviewed the child in chambers,	13914
pursuant to division (C) of this section, regarding the wishes and	13915
concerns of the child as to parenting time by the parent who is	13916
not the residential parent or companionship or visitation by the	13917
grandparent, relative, or other person who requested companionship	13918
or visitation, as to a specific parenting time or visitation	13919
schedule, or as to other parenting time or visitation matters, the	13920
wishes and concerns of the child, as expressed to the court;	13921

(7) The health and safety of the child;

13922

(8) The amount of time that will be available for the child	13923
to spend with siblings;	13924

(9) The mental and physical health of all parties;

13925

(10) Each parent's willingness to reschedule missed parenting	13926
time and to facilitate the other parent's parenting time rights,	13927
and with respect to a person who requested companionship or	13928
visitation, the willingness of that person to reschedule missed	13929
visitation;	13930

(11) In relation to parenting time, whether either parent	13931
previously has been convicted of or pleaded guilty to any criminal	13932
offense involving any act that resulted in a child being an abused	13933
child or a neglected child; whether either parent, in a case in	13934
which a child has been adjudicated an abused child or a neglected	13935
child, previously has been determined to be the perpetrator of the	13936
abusive or neglectful act that is the basis of the adjudication;	13937
and whether there is reason to believe that either parent has	13938
acted in a manner resulting in a child being an abused child or a	13939
neglected child;	13940

(12) In relation to requested companionship or visitation by	13941
a person other than a parent, whether the person previously has	13942
been convicted of or pleaded guilty to any criminal offense	13943
involving any act that resulted in a child being an abused child	13944
or a neglected child; whether the person, in a case in which a	13945
child has been adjudicated an abused child or a neglected child,	13946
previously has been determined to be the perpetrator of the	13947
abusive or neglectful act that is the basis of the adjudication;	13948
whether either parent previously has been convicted of or pleaded	13949
guilty to a violation of section 2919.25 of the Revised Code	13950
involving a victim who at the time of the commission of the	13951
offense was a member of the family or household that is the	13952
subject of the current proceeding; whether either parent	13953
previously has been convicted of an offense involving a victim who	13954
at the time of the commission of the offense was a member of the	13955
family or household that is the subject of the current proceeding	13956
and caused physical harm to the victim in the commission of the	13957
offense; and whether there is reason to believe that the person	13958
has acted in a manner resulting in a child being an abused child	13959
or a neglected child;	13960

(13) Whether the residential parent or one of the parents	13961
subject to a shared parenting decree has continuously and	13962
willfully denied the other parent's right to parenting time in	13963
accordance with an order of the court;	13964

(14) Whether either parent has established a residence or is	13965
planning to establish a residence outside this state;	13966

(15) In relation to requested companionship or visitation by	13967
a person other than a parent, the wishes and concerns of the	13968
child's parents, as expressed by them to the court;	13969

(16) Any other factor in the best interest of the child.

13970

(E) The remarriage of a residential parent of a child does	13971
not affect the authority of a court under this section to grant	13972
parenting time rights with respect to the child to the parent who	13973
is not the residential parent or to grant reasonable companionship	13974
or visitation rights with respect to the child to any grandparent,	13975
any person related by consanguinity or affinity, or any other	13976
person.	13977

(F)(1) If the court, pursuant to division (A) of this	13978
section, denies parenting time to a parent who is not the	13979
residential parent or denies a motion for reasonable companionship	13980
or visitation rights filed under division (B) of this section and	13981
the parent or movant files a written request for findings of fact	13982
and conclusions of law, the court shall state in writing its	13983
findings of fact and conclusions of law in accordance with Civil	13984
Rule 52.	13985

(2) On or before July 1, 1991, each court of common pleas, by	13986
rule, shall adopt standard parenting time guidelines. A court	13987
shall have discretion to deviate from its standard parenting time	13988
guidelines based upon factors set forth in division (D) of this	13989
section.	13990

(G)(1) If the residential parent intends to move to a	13991
residence other than the residence specified in the parenting time	13992
order or decree of the court, the parent shall file a notice of	13993
intent to relocate with the court that issued the order or decree.	13994
Except as provided in divisions (G)(2), (3), and (4) of this	13995
section, the court shall send a copy of the notice to the parent	13996
who is not the residential parent. Upon receipt of the notice, the	13997
court, on its own motion or the motion of the parent who is not	13998
the residential parent, may schedule a hearing with notice to both	13999
parents to determine whether it is in the best interest of the	14000
child to revise the parenting time schedule for the child.	14001

(2) When a court grants parenting time rights to a parent who	14002
is not the residential parent, the court shall determine whether	14003
that parent has been convicted of or pleaded guilty to a violation	14004
of section 2919.25 of the Revised Code involving a victim who at	14005
the time of the commission of the offense was a member of the	14006
family or household that is the subject of the proceeding, has	14007
been convicted of or pleaded guilty to any other offense involving	14008
a victim who at the time of the commission of the offense was a	14009
member of the family or household that is the subject of the	14010
proceeding and caused physical harm to the victim in the	14011
commission of the offense, or has been determined to be the	14012
perpetrator of the abusive act that is the basis of an	14013
adjudication that a child is an abused child. If the court	14014
determines that that parent has not been so convicted and has not	14015
been determined to be the perpetrator of an abusive act that is	14016
the basis of a child abuse adjudication, the court shall issue an	14017
order stating that a copy of any notice of relocation that is	14018
filed with the court pursuant to division (G)(1) of this section	14019
will be sent to the parent who is given the parenting time rights	14020
in accordance with division (G)(1) of this section.	14021

If the court determines that the parent who is granted the	14022
parenting time rights has been convicted of or pleaded guilty to a	14023
violation of section 2919.25 of the Revised Code involving a	14024
victim who at the time of the commission of the offense was a	14025
member of the family or household that is the subject of the	14026
proceeding, has been convicted of or pleaded guilty to any other	14027
offense involving a victim who at the time of the commission of	14028
the offense was a member of the family or household that is the	14029
subject of the proceeding and caused physical harm to the victim	14030
in the commission of the offense, or has been determined to be the	14031
perpetrator of the abusive act that is the basis of an	14032
adjudication that a child is an abused child, it shall issue an	14033
order stating that that parent will not be given a copy of any	14034
notice of relocation that is filed with the court pursuant to	14035
division (G)(1) of this section unless the court determines that	14036
it is in the best interest of the children to give that parent a	14037
copy of the notice of relocation, issues an order stating that	14038
that parent will be given a copy of any notice of relocation filed	14039
pursuant to division (G)(1) of this section, and issues specific	14040
written findings of fact in support of its determination.	14041

(3) If a court, prior to April 11, 1991, issued an order	14042
granting parenting time rights to a parent who is not the	14043
residential parent and did not require the residential parent in	14044
that order to give the parent who is granted the parenting time	14045
rights notice of any change of address and if the residential	14046
parent files a notice of relocation pursuant to division (G)(1) of	14047
this section, the court shall determine if the parent who is	14048
granted the parenting time rights has been convicted of or pleaded	14049
guilty to a violation of section 2919.25 of the Revised Code	14050
involving a victim who at the time of the commission of the	14051
offense was a member of the family or household that is the	14052
subject of the proceeding, has been convicted of or pleaded guilty	14053
to any other offense involving a victim who at the time of the	14054
commission of the offense was a member of the family or household	14055
that is the subject of the proceeding and caused physical harm to	14056
the victim in the commission of the offense, or has been	14057
determined to be the perpetrator of the abusive act that is the	14058
basis of an adjudication that a child is an abused child. If the	14059
court determines that the parent who is granted the parenting time	14060
rights has not been so convicted and has not been determined to be	14061
the perpetrator of an abusive act that is the basis of a child	14062
abuse adjudication, the court shall issue an order stating that a	14063
copy of any notice of relocation that is filed with the court	14064
pursuant to division (G)(1) of this section will be sent to the	14065
parent who is granted parenting time rights in accordance with	14066
division (G)(1) of this section.	14067

If the court determines that the parent who is granted the	14068
parenting time rights has been convicted of or pleaded guilty to a	14069
violation of section 2919.25 of the Revised Code involving a	14070
victim who at the time of the commission of the offense was a	14071
member of the family or household that is the subject of the	14072
proceeding, has been convicted of or pleaded guilty to any other	14073
offense involving a victim who at the time of the commission of	14074
the offense was a member of the family or household that is the	14075
subject of the proceeding and caused physical harm to the victim	14076
in the commission of the offense, or has been determined to be the	14077
perpetrator of the abusive act that is the basis of an	14078
adjudication that a child is an abused child, it shall issue an	14079
order stating that that parent will not be given a copy of any	14080
notice of relocation that is filed with the court pursuant to	14081
division (G)(1) of this section unless the court determines that	14082
it is in the best interest of the children to give that parent a	14083
copy of the notice of relocation, issues an order stating that	14084
that parent will be given a copy of any notice of relocation filed	14085
pursuant to division (G)(1) of this section, and issues specific	14086
written findings of fact in support of its determination.	14087

(4) If a parent who is granted parenting time rights pursuant	14088
to this section or any other section of the Revised Code is	14089
authorized by an order issued pursuant to this section or any	14090
other court order to receive a copy of any notice of relocation	14091
that is filed pursuant to division (G)(1) of this section or	14092
pursuant to court order, if the residential parent intends to move	14093
to a residence other than the residence address specified in the	14094
parenting time order, and if the residential parent does not want	14095
the parent who is granted the parenting time rights to receive a	14096
copy of the relocation notice because the parent with parenting	14097
time rights has been convicted of or pleaded guilty to a violation	14098
of section 2919.25 of the Revised Code involving a victim who at	14099
the time of the commission of the offense was a member of the	14100
family or household that is the subject of the proceeding, has	14101
been convicted of or pleaded guilty to any other offense involving	14102
a victim who at the time of the commission of the offense was a	14103
member of the family or household that is the subject of the	14104
proceeding and caused physical harm to the victim in the	14105
commission of the offense, or has been determined to be the	14106
perpetrator of the abusive act that is the basis of an	14107
adjudication that a child is an abused child, the residential	14108
parent may file a motion with the court requesting that the parent	14109
who is granted the parenting time rights not receive a copy of any	14110
notice of relocation. Upon the filing of the motion, the court	14111
shall schedule a hearing on the motion and give both parents	14112
notice of the date, time, and location of the hearing. If the	14113
court determines that the parent who is granted the parenting time	14114
rights has been so convicted or has been determined to be the	14115
perpetrator of an abusive act that is the basis of a child abuse	14116
adjudication, the court shall issue an order stating that the	14117
parent who is granted the parenting time rights will not be given	14118
a copy of any notice of relocation that is filed with the court	14119
pursuant to division (G)(1) of this section or that the	14120
residential parent is no longer required to give that parent a	14121
copy of any notice of relocation unless the court determines that	14122
it is in the best interest of the children to give that parent a	14123
copy of the notice of relocation, issues an order stating that	14124
that parent will be given a copy of any notice of relocation filed	14125
pursuant to division (G)(1) of this section, and issues specific	14126
written findings of fact in support of its determination. If it	14127
does not so find, it shall dismiss the motion.	14128

(H)(1) Subject to section 3125.16 and division (F) of section	14129
3319.321 of the Revised Code, a parent of a child who is not the	14130
residential parent of the child is entitled to access, under the	14131
same terms and conditions under which access is provided to the	14132
residential parent, to any record that is related to the child and	14133
to which the residential parent of the child legally is provided	14134
access, unless the court determines that it would not be in the	14135
best interest of the child for the parent who is not the	14136
residential parent to have access to the records under those same	14137
terms and conditions. If the court determines that the parent of a	14138
child who is not the residential parent should not have access to	14139
records related to the child under the same terms and conditions	14140
as provided for the residential parent, the court shall specify	14141
the terms and conditions under which the parent who is not the	14142
residential parent is to have access to those records, shall enter	14143
its written findings of facts and opinion in the journal, and	14144
shall issue an order containing the terms and conditions to both	14145
the residential parent and the parent of the child who is not the	14146
residential parent. The court shall include in every order issued	14147
pursuant to this division notice that any keeper of a record who	14148
knowingly fails to comply with the order or division (H) of this	14149
section is in contempt of court.	14150

(2) Subject to section 3125.16 and division (F) of section	14151
3319.321 of the Revised Code, subsequent to the issuance of an	14152
order under division (H)(1) of this section, the keeper of any	14153
record that is related to a particular child and to which the	14154
residential parent legally is provided access shall permit the	14155
parent of the child who is not the residential parent to have	14156
access to the record under the same terms and conditions under	14157
which access is provided to the residential parent, unless the	14158
residential parent has presented the keeper of the record with a	14159
copy of an order issued under division (H)(1) of this section that	14160
limits the terms and conditions under which the parent who is not	14161
the residential parent is to have access to records pertaining to	14162
the child and the order pertains to the record in question. If the	14163
residential parent presents the keeper of the record with a copy	14164
of that type of order, the keeper of the record shall permit the	14165
parent who is not the residential parent to have access to the	14166
record only in accordance with the most recent order that has been	14167
issued pursuant to division (H)(1) of this section and presented	14168
to the keeper by the residential parent or the parent who is not	14169
the residential parent. Any keeper of any record who knowingly	14170
fails to comply with division (H) of this section or with any	14171
order issued pursuant to division (H)(1) of this section is in	14172
contempt of court.	14173

(3) The prosecuting attorney of any county may file a	14174
complaint with the court of common pleas of that county requesting	14175
the court to issue a protective order preventing the disclosure	14176
pursuant to division (H)(1) or (2) of this section of any	14177
confidential law enforcement investigatory record. The court shall	14178
schedule a hearing on the motion and give notice of the date,	14179
time, and location of the hearing to all parties.	14180

(I) A court that issues a parenting time order or decree	14181
pursuant to this section or section 3109.12 of the Revised Code	14182
shall determine whether the parent granted the right of parenting	14183
time is to be permitted access, in accordance with section	14184
~~5104.011~~5104.039 of the Revised Code, to any child day-care	14185
center that is, or that in the future may be, attended by the	14186
children with whom the right of parenting time is granted. Unless	14187
the court determines that the parent who is not the residential	14188
parent should not have access to the center to the same extent	14189
that the residential parent is granted access to the center, the	14190
parent who is not the residential parent and who is granted	14191
parenting time rights is entitled to access to the center to the	14192
same extent that the residential parent is granted access to the	14193
center. If the court determines that the parent who is not the	14194
residential parent should not have access to the center to the	14195
same extent that the residential parent is granted such access	14196
under ~~division (C) of~~ section ~~5104.011~~5104.039 of the Revised	14197
Code, the court shall specify the terms and conditions under which	14198
the parent who is not the residential parent is to have access to	14199
the center, provided that the access shall not be greater than the	14200
access that is provided to the residential parent under ~~division~~	14201
~~(C) of~~ section ~~5104.011~~5104.039 of the Revised Code, the court	14202
shall enter its written findings of fact and opinions in the	14203
journal, and the court shall include the terms and conditions of	14204
access in the parenting time order or decree.	14205

(J)(1) Subject to division (F) of section 3319.321 of the	14206
Revised Code, when a court issues an order or decree allocating	14207
parental rights and responsibilities for the care of a child, the	14208
parent of the child who is not the residential parent of the child	14209
is entitled to access, under the same terms and conditions under	14210
which access is provided to the residential parent, to any student	14211
activity that is related to the child and to which the residential	14212
parent of the child legally is provided access, unless the court	14213
determines that it would not be in the best interest of the child	14214
to grant the parent who is not the residential parent access to	14215
the student activities under those same terms and conditions. If	14216
the court determines that the parent of the child who is not the	14217
residential parent should not have access to any student activity	14218
that is related to the child under the same terms and conditions	14219
as provided for the residential parent, the court shall specify	14220
the terms and conditions under which the parent who is not the	14221
residential parent is to have access to those student activities,	14222
shall enter its written findings of facts and opinion in the	14223
journal, and shall issue an order containing the terms and	14224
conditions to both the residential parent and the parent of the	14225
child who is not the residential parent. The court shall include	14226
in every order issued pursuant to this division notice that any	14227
school official or employee who knowingly fails to comply with the	14228
order or division (J) of this section is in contempt of court.	14229

(2) Subject to division (F) of section 3319.321 of the	14230
Revised Code, subsequent to the issuance of an order under	14231
division (J)(1) of this section, all school officials and	14232
employees shall permit the parent of the child who is not the	14233
residential parent to have access to any student activity under	14234
the same terms and conditions under which access is provided to	14235
the residential parent of the child, unless the residential parent	14236
has presented the school official or employee, the board of	14237
education of the school, or the governing body of the chartered	14238
nonpublic school with a copy of an order issued under division	14239
(J)(1) of this section that limits the terms and conditions under	14240
which the parent who is not the residential parent is to have	14241
access to student activities related to the child and the order	14242
pertains to the student activity in question. If the residential	14243
parent presents the school official or employee, the board of	14244
education of the school, or the governing body of the chartered	14245
nonpublic school with a copy of that type of order, the school	14246
official or employee shall permit the parent who is not the	14247
residential parent to have access to the student activity only in	14248
accordance with the most recent order that has been issued	14249
pursuant to division (J)(1) of this section and presented to the	14250
school official or employee, the board of education of the school,	14251
or the governing body of the chartered nonpublic school by the	14252
residential parent or the parent who is not the residential	14253
parent. Any school official or employee who knowingly fails to	14254
comply with division (J) of this section or with any order issued	14255
pursuant to division (J)(1) of this section is in contempt of	14256
court.	14257

(K) If any person is found in contempt of court for failing	14258
to comply with or interfering with any order or decree granting	14259
parenting time rights issued pursuant to this section or section	14260
3109.12 of the Revised Code or companionship or visitation rights	14261
issued pursuant to this section, section 3109.11 or 3109.12 of the	14262
Revised Code, or any other provision of the Revised Code, the	14263
court that makes the finding, in addition to any other penalty or	14264
remedy imposed, shall assess all court costs arising out of the	14265
contempt proceeding against the person and require the person to	14266
pay any reasonable attorney's fees of any adverse party, as	14267
determined by the court, that arose in relation to the act of	14268
contempt, and may award reasonable compensatory parenting time or	14269
visitation to the person whose right of parenting time or	14270
visitation was affected by the failure or interference if such	14271
compensatory parenting time or visitation is in the best interest	14272
of the child. Any compensatory parenting time or visitation	14273
awarded under this division shall be included in an order issued	14274
by the court and, to the extent possible, shall be governed by the	14275
same terms and conditions as was the parenting time or visitation	14276
that was affected by the failure or interference.	14277

(L) Any parent who requests reasonable parenting time rights	14278
with respect to a child under this section or section 3109.12 of	14279
the Revised Code or any person who requests reasonable	14280
companionship or visitation rights with respect to a child under	14281
this section, section 3109.11 or 3109.12 of the Revised Code, or	14282
any other provision of the Revised Code may file a motion with the	14283
court requesting that it waive all or any part of the costs that	14284
may accrue in the proceedings. If the court determines that the	14285
movant is indigent and that the waiver is in the best interest of	14286
the child, the court, in its discretion, may waive payment of all	14287
or any part of the costs of those proceedings.	14288

(M)(1) A parent who receives an order for active military	14289
service in the uniformed services and who is subject to a	14290
parenting time order may apply to the court for any of the	14291
following temporary orders for the period extending from the date	14292
of the parent's departure to the date of return:	14293

(a) An order delegating all or part of the parent's parenting	14294
time with the child to a relative or to another person who has a	14295
close and substantial relationship with the child if the	14296
delegation is in the child's best interest;	14297

(b) An order that the other parent make the child reasonably	14298
available for parenting time with the parent when the parent is on	14299
leave from active military service;	14300

(c) An order that the other parent facilitate contact,	14301
including telephone and electronic contact, between the parent and	14302
child while the parent is on active military service.	14303

(2)(a) Upon receipt of an order for active military service,	14304
a parent who is subject to a parenting time order and seeks an	14305
order under division (M)(1) of this section shall notify the other	14306
parent who is subject to the parenting time order and apply to the	14307
court as soon as reasonably possible after receipt of the order	14308
for active military service. The application shall include the	14309
date on which the active military service begins.	14310

(b) The court shall schedule a hearing upon receipt of an	14311
application under division (M) of this section and hold the	14312
hearing not later than thirty days after its receipt, except that	14313
the court shall give the case calendar priority and handle the	14314
case expeditiously if exigent circumstances exist in the case. No	14315
hearing shall be required if both parents agree to the terms of	14316
the requested temporary order and the court determines that the	14317
order is in the child's best interest.	14318

(c) In determining whether a delegation under division	14319
(M)(1)(a) of this section is in the child's best interest, the	14320
court shall consider all relevant factors, including the factors	14321
set forth in division (D) of this section.	14322

(d) An order delegating all or part of the parent's parenting	14323
time pursuant to division (M)(1)(a) of this section does not	14324
create standing on behalf of the person to whom parenting time is	14325
delegated to assert visitation or companionship rights independent	14326
of the order.	14327

(3) At the request of a parent who is ordered for active	14328
military service in the uniformed services and who is a subject of	14329
a proceeding pertaining to a parenting time order or pertaining to	14330
a request for companionship rights or visitation with a child, the	14331
court shall permit the parent to participate in the proceeding and	14332
present evidence by electronic means, including communication by	14333
telephone, video, or internet to the extent permitted by rules of	14334
the supreme court of Ohio.	14335

(N) The juvenile court has exclusive jurisdiction to enter	14336
the orders in any case certified to it from another court.	14337

(O) As used in this section:

14338

(1) "Abused child" has the same meaning as in section	14339
2151.031 of the Revised Code, and "neglected child" has the same	14340
meaning as in section 2151.03 of the Revised Code.	14341

(2) "Active military service" and "uniformed services" have	14342
the same meanings as in section 3109.04 of the Revised Code.	14343

(3) "Confidential law enforcement investigatory record" has	14344
the same meaning as in section 149.43 of the Revised Code.	14345

(4) "Parenting time order" means an order establishing the	14346
amount of time that a child spends with the parent who is not the	14347
residential parent or the amount of time that the child is to be	14348
physically located with a parent under a shared parenting order.	14349

(5) "Record" means any record, document, file, or other	14350
material that contains information directly related to a child,	14351
including, but not limited to, any of the following:	14352

(a) Records maintained by public and nonpublic schools;

14353

(b) Records maintained by facilities that provide child care,	14354
as defined in section 5104.01 of the Revised Code, publicly funded	14355
child care, as defined in section 5104.01 of the Revised Code, or	14356
pre-school services operated by or under the supervision of a	14357
school district board of education or a nonpublic school;	14358

(c) Records maintained by hospitals, other facilities, or	14359
persons providing medical or surgical care or treatment for the	14360
child;	14361

(d) Records maintained by agencies, departments,	14362
instrumentalities, or other entities of the state or any political	14363
subdivision of the state, other than a child support enforcement	14364
agency. Access to records maintained by a child support	14365
enforcement agency is governed by section 3125.16 of the Revised	14366
Code.	14367

Sec. 3701.63. (A) As used in this section and section 3701.64	14368
of the Revised Code:	14369

(1) "Child day-care center," "type A family day-care home,"	14370
and "~~certified~~licensed type B family day-care home" have the same	14371
meanings as in section 5104.01 of the Revised Code.	14372

(2) "Child care facility" means a child day-care center, a	14373
type A family day-care home, or a ~~certified~~licensed type B family	14374
day-care home.	14375

(3) "Freestanding birthing center" has the same meaning as in	14376
section 3702.51 of the Revised Code.	14377

(4) "Hospital" means a hospital classified pursuant to rules	14378
adopted under section 3701.07 of the Revised Code as a general	14379
hospital or children's hospital.	14380

(5) "Maternity unit" means any unit or place in a hospital	14381
where women are regularly received and provided care during all or	14382
part of the maternity cycle, except that "maternity unit" does not	14383
include an emergency department or similar place dedicated to	14384
providing emergency health care.	14385

(6) "Parent" means either parent, unless the parents are	14386
separated or divorced or their marriage has been dissolved or	14387
annulled, in which case "parent" means the parent who is the	14388
residential parent and legal custodian of the child. "Parent" also	14389
means a prospective adoptive parent with whom a child is placed.	14390

(7) "Shaken ~~Baby Syndrome~~baby syndrome" means signs and	14391
symptoms, including, but not limited to, retinal hemorrhages in	14392
one or both eyes, subdural hematoma, or brain swelling, resulting	14393
from the violent shaking or the shaking and impacting of the head	14394
of an infant or small child.	14395

(B) The director of health shall establish the shaken baby	14396
syndrome education program by doing all of the following:	14397

(1) By not later than one year after February 29, 2008,	14398
developing educational materials that present readily	14399
comprehendible information on shaken baby syndrome;	14400

(2) Making available on the department of health web site in	14401
an easily accessible format the educational materials developed	14402
under division (B)(1) of this section;	14403

(3) Beginning in 2009, annually assessing the effectiveness	14404
of the shaken baby syndrome education program by evaluating the	14405
reports received pursuant to section 5101.135 of the Revised Code.	14406

(C) In meeting the requirements under division (B) of this	14407
section, the director shall not develop educational materials that	14408
will impose an administrative or financial burden on any of the	14409
entities or persons listed in section 3701.64 of the Revised Code.	14410

Sec. 3737.22. (A) The fire marshal shall do all of the	14411
following:	14412

(1) Adopt the state fire code under sections 3737.82 to	14413
3737.86 of the Revised Code;	14414

(2) Enforce the state fire code;

14415

(3) Appoint assistant fire marshals who are authorized to	14416
enforce the state fire code;	14417

(4) Conduct investigations into the cause, origin, and	14418
circumstances of fires and explosions, and assist in the	14419
prosecution of persons believed to be guilty of arson or a similar	14420
crime;	14421

(5) Compile statistics concerning loss due to fire and	14422
explosion as the fire marshal considers necessary, and consider	14423
the compatibility of the fire marshal's system of compilation with	14424
the systems of other state and federal agencies and fire marshals	14425
of other states;	14426

(6) Engage in research on the cause and prevention of losses	14427
due to fire and explosion;	14428

(7) Engage in public education and informational activities	14429
which will inform the public of fire safety information;	14430

(8) Operate a fire training academy and forensic laboratory;

14431

(9) Conduct other fire safety and fire fighting training	14432
activities for the public and groups as will further the cause of	14433
fire safety;	14434

(10) Conduct licensing examinations, and issue permits,	14435
licenses, and certificates, as authorized by the Revised Code;	14436

(11) Conduct tests of fire protection systems and devices,	14437
and fire fighting equipment to determine compliance with the state	14438
fire code, unless a building is insured against the hazard of	14439
fire, in which case such tests may be performed by the company	14440
insuring the building;	14441

(12) Establish and collect fees for conducting licensing	14442
examinations and for issuing permits, licenses, and certificates;	14443

(13) Make available for the prosecuting attorney and an	14444
assistant prosecuting attorney from each county of this state, in	14445
accordance with section 3737.331 of the Revised Code, a seminar	14446
program, attendance at which is optional, that is designed to	14447
provide current information, data, training, and techniques	14448
relative to the prosecution of arson cases;	14449

(14) Administer and enforce Chapter 3743. of the Revised	14450
Code;	14451

(15) Develop a uniform standard for the reporting of	14452
information required to be filed under division (E)(4) of section	14453
2921.22 of the Revised Code, and accept the reports of the	14454
information when they are filed.	14455

(B) The fire marshal shall appoint a chief deputy fire	14456
marshal, and shall employ professional and clerical assistants as	14457
the fire marshal considers necessary. The chief deputy shall be a	14458
competent former or current member of a fire agency and possess	14459
five years of recent, progressively more responsible experience in	14460
fire inspection, fire code enforcement, and fire code management.	14461
The chief deputy, with the approval of the director of commerce,	14462
shall temporarily assume the duties of the fire marshal when the	14463
fire marshal is absent or temporarily unable to carry out the	14464
duties of the office. When there is a vacancy in the office of	14465
fire marshal, the chief deputy, with the approval of the director	14466
of commerce, shall temporarily assume the duties of the fire	14467
marshal until a new fire marshal is appointed under section	14468
3737.21 of the Revised Code.	14469

All employees, other than the fire marshal; the chief deputy	14470
fire marshal; the superintendent of the Ohio fire academy; the	14471
grants administrator; the fiscal officer; the executive secretary	14472
to the fire marshal; legal counsel; the pyrotechnics	14473
administrator, the chief of the forensic laboratory; the person	14474
appointed by the fire marshal to serve as administrator over	14475
functions concerning testing, license examinations, and the	14476
issuance of permits and certificates; and the chiefs of the	14477
bureaus of fire prevention, of fire and explosion investigation,	14478
of code enforcement, and of underground storage tanks shall be in	14479
the classified civil service. The fire marshal shall authorize the	14480
chief deputy and other employees under the fire marshal's	14481
supervision to exercise powers granted to the fire marshal by law	14482
as may be necessary to carry out the duties of the fire marshal's	14483
office.	14484

(C) The fire marshal shall create, in and as a part of the	14485
office of fire marshal, a fire and explosion investigation bureau	14486
consisting of a chief of the bureau and additional assistant fire	14487
marshals as the fire marshal determines necessary for the	14488
efficient administration of the bureau. The chief shall be	14489
experienced in the investigation of the cause, origin, and	14490
circumstances of fires, and in administration, including the	14491
supervision of subordinates. The chief, among other duties	14492
delegated to the chief by the fire marshal, shall be responsible,	14493
under the direction of the fire marshal, for the investigation of	14494
the cause, origin, and circumstances of fires and explosions in	14495
the state, and for assistance in the prosecution of persons	14496
believed to be guilty of arson or a similar crime.	14497

(D)(1) The fire marshal shall create, as part of the office	14498
of fire marshal, a bureau of code enforcement consisting of a	14499
chief of the bureau and additional assistant fire marshals as the	14500
fire marshal determines necessary for the efficient administration	14501
of the bureau. The chief shall be qualified, by education or	14502
experience, in fire inspection, fire code development, fire code	14503
enforcement, or any other similar field determined by the fire	14504
marshal, and in administration, including the supervision of	14505
subordinates. The chief is responsible, under the direction of the	14506
fire marshal, for fire inspection, fire code development, fire	14507
code enforcement, and any other duties delegated to the chief by	14508
the fire marshal.	14509

(2) The fire marshal, the chief deputy fire marshal, the	14510
chief of the bureau of code enforcement, or any assistant fire	14511
marshal under the direction of the fire marshal, the chief deputy	14512
fire marshal, or the chief of the bureau of code enforcement may	14513
cause to be conducted the inspection of all buildings, structures,	14514
and other places, the condition of which may be dangerous from a	14515
fire safety standpoint to life or property, or to property	14516
adjacent to the buildings, structures, or other places.	14517

(E) The fire marshal shall create, as a part of the office of	14518
fire marshal, a bureau of fire prevention consisting of a chief of	14519
the bureau and additional assistant fire marshals as the fire	14520
marshal determines necessary for the efficient administration of	14521
the bureau. The chief shall be qualified, by education or	14522
experience, to promote programs for rural and urban fire	14523
prevention and protection. The chief, among other duties delegated	14524
to the chief by the fire marshal, is responsible, under the	14525
direction of the fire marshal, for the promotion of rural and	14526
urban fire prevention and protection through public information	14527
and education programs.	14528

(F) The fire marshal shall cooperate with the director of job	14529
and family services when the director adopts rules under section	14530
5104.052 of the Revised Code regarding fire prevention and fire	14531
safety in ~~certified~~licensed type B family day-care homes, as	14532
defined in section 5104.01 of the Revised Code, recommend	14533
procedures for inspecting type B homes to determine whether they	14534
are in compliance with those rules, and provide training and	14535
technical assistance to the director and county directors of job	14536
and family services on the procedures for determining compliance	14537
with those rules.	14538

(G) The fire marshal, upon request of a provider of child	14539
care in a type B home that is not ~~certified~~licensed by the ~~county~~	14540
director of job and family services, as a precondition of approval	14541
by the state board of education under section 3313.813 of the	14542
Revised Code for receipt of United States department of	14543
agriculture child and adult care food program funds established	14544
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	14545
U.S.C. 1751, as amended, shall inspect the type B home to	14546
determine compliance with rules adopted under section 5104.052 of	14547
the Revised Code regarding fire prevention and fire safety in	14548
~~certified~~licensed type B homes. In municipal corporations and in	14549
townships where there is a certified fire safety inspector, the	14550
inspections shall be made by that inspector under the supervision	14551
of the fire marshal, according to rules adopted under section	14552
5104.052 of the Revised Code. In townships outside municipal	14553
corporations where there is no certified fire safety inspector,	14554
inspections shall be made by the fire marshal.	14555

Sec. 3742.01. As used in this chapter:

14556

(A) "Board of health" means the board of health of a city or	14557
general health district or the authority having the duties of a	14558
board of health under section 3709.05 of the Revised Code.	14559

(B) "Child care facility" means each area of any of the	14560
following in which child care, as defined in section 5104.01 of	14561
the Revised Code, is provided to children under six years of age:	14562

(1) A child day-care center, type A family day-care home, or	14563
type B family day-care home as defined in section 5104.01 of the	14564
Revised Code;	14565

(2) ~~A type C family day-care home authorized to provide child~~	14566
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	14567
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	14568
~~of the 123rd general assembly;~~	14569

~~(3)~~ A preschool program or school child program as defined in	14570
section 3301.52 of the Revised Code.	14571

(C) "Clearance examination" means an examination to determine	14572
whether the lead hazards in a residential unit, child care	14573
facility, or school have been sufficiently controlled. A clearance	14574
examination includes a visual assessment, collection, and analysis	14575
of environmental samples.	14576

(D) "Clearance technician" means a person, other than a	14577
licensed lead inspector or licensed lead risk assessor, who	14578
performs a clearance examination.	14579

(E) "Clinical laboratory" means a facility for the	14580
biological, microbiological, serological, chemical,	14581
immunohematological, hematological, biophysical, cytological,	14582
pathological, or other examination of substances derived from the	14583
human body for the purpose of providing information for the	14584
diagnosis, prevention, or treatment of any disease, or in the	14585
assessment or impairment of the health of human beings. "Clinical	14586
laboratory" does not include a facility that only collects or	14587
prepares specimens, or serves as a mailing service, and does not	14588
perform testing.	14589

(F) "Encapsulation" means the coating and sealing of surfaces	14590
with durable surface coating specifically formulated to be	14591
elastic, able to withstand sharp and blunt impacts, long-lasting,	14592
and resilient, while also resistant to cracking, peeling, algae,	14593
fungus, and ultraviolet light, so as to prevent any part of	14594
lead-containing paint from becoming part of house dust or	14595
otherwise accessible to children.	14596

(G) "Enclosure" means the resurfacing or covering of surfaces	14597
with durable materials such as wallboard or paneling, and the	14598
sealing or caulking of edges and joints, so as to prevent or	14599
control chalking, flaking, peeling, scaling, or loose	14600
lead-containing substances from becoming part of house dust or	14601
otherwise accessible to children.	14602

(H) "Environmental lead analytical laboratory" means a	14603
facility that analyzes air, dust, soil, water, paint, film, or	14604
other substances, other than substances derived from the human	14605
body, for the presence and concentration of lead.	14606

(I) "HEPA" means the designation given to a product, device,	14607
or system that has been equipped with a high-efficiency	14608
particulate air filter, which is a filter capable of removing	14609
particles of 0.3 microns or larger from air at 99.97 per cent or	14610
greater efficiency.	14611

(J) "Interim controls" means a set of measures designed to	14612
reduce temporarily human exposure or likely human exposure to lead	14613
hazards. Interim controls include specialized cleaning, repairs,	14614
painting, temporary containment, ongoing lead hazard maintenance	14615
activities, and the establishment and operation of management and	14616
resident education programs.	14617

(K)(1) "Lead abatement" means a measure or set of measures	14618
designed for the single purpose of permanently eliminating lead	14619
hazards. "Lead abatement" includes all of the following:	14620

(a) Removal of lead-based paint and lead-contaminated dust;

14621

(b) Permanent enclosure or encapsulation of lead-based paint;

14622

(c) Replacement of surfaces or fixtures painted with	14623
lead-based paint;	14624

(d) Removal or permanent covering of lead-contaminated soil;

14625

(e) Preparation, cleanup, and disposal activities associated	14626
with lead abatement.	14627

(2) "Lead abatement" does not include any of the following:

14628

(a) Preventive treatments performed pursuant to section	14629
3742.41 of the Revised Code;	14630

(b) Implementation of interim controls;

14631

(c) Activities performed by a property owner on a residential	14632
unit to which both of the following apply:	14633

(i) It is a freestanding single-family home used as the	14634
property owner's private residence.	14635

(ii) No child under six years of age who has lead poisoning	14636
resides in the unit.	14637

(L) "Lead abatement contractor" means any individual who	14638
engages in or intends to engage in lead abatement and employs or	14639
supervises one or more lead abatement workers, including on-site	14640
supervision of lead abatement projects, or prepares	14641
specifications, plans, or documents for a lead abatement project.	14642

(M) "Lead abatement project" means one or more lead abatement	14643
activities that are conducted by a lead abatement contractor and	14644
are reasonably related to each other.	14645

(N) "Lead abatement project designer" means a person who is	14646
responsible for designing lead abatement projects and preparing a	14647
pre-abatement plan for all designed projects.	14648

(O) "Lead abatement worker" means an individual who is	14649
responsible in a nonsupervisory capacity for the performance of	14650
lead abatement.	14651

(P) "Lead-based paint" means any paint or other similar	14652
surface-coating substance containing lead at or in excess of the	14653
level that is hazardous to human health as established by rule of	14654
the public health council under section 3742.50 of the Revised	14655
Code.	14656

(Q) "Lead-contaminated dust" means dust that contains an area	14657
or mass concentration of lead at or in excess of the level that is	14658
hazardous to human health as established by rule of the public	14659
health council under section 3742.50 of the Revised Code.	14660

(R) "Lead-contaminated soil" means soil that contains lead at	14661
or in excess of the level that is hazardous to human health as	14662
established by rule of the public health council under section	14663
3742.50 of the Revised Code.	14664

(S) "Lead hazard" means material that is likely to cause lead	14665
exposure and endanger an individual's health as determined by the	14666
public health council in rules adopted under section 3742.50 of	14667
the Revised Code. "Lead hazard" includes lead-based paint,	14668
lead-contaminated dust, lead-contaminated soil, and	14669
lead-contaminated water pipes.	14670

(T) "Lead inspection" means a surface-by-surface	14671
investigation to determine the presence of lead-based paint. The	14672
inspection shall use a sampling or testing technique approved by	14673
the public health council in rules adopted by the council under	14674
section 3742.03 of the Revised Code. A licensed lead inspector or	14675
laboratory approved under section 3742.09 of the Revised Code	14676
shall certify in writing the precise results of the inspection.	14677

(U) "Lead inspector" means any individual who conducts a lead	14678
inspection, provides professional advice regarding a lead	14679
inspection, or prepares a report explaining the results of a lead	14680
inspection.	14681

(V) "Lead poisoning" means the level of lead in human blood	14682
that is hazardous to human health, as specified in rules adopted	14683
under section 3742.50 of the Revised Code.	14684

(W) "Lead risk assessment" means an on-site investigation to	14685
determine and report the existence, nature, severity, and location	14686
of lead hazards in a residential unit, child care facility, or	14687
school, including information gathering from the unit, facility,	14688
or school's current owner's knowledge regarding the age and	14689
painting history of the unit, facility, or school and occupancy by	14690
children under six years of age, visual inspection, limited wipe	14691
sampling or other environmental sampling techniques, and any other	14692
activity as may be appropriate.	14693

(X) "Lead risk assessor" means a person who is responsible	14694
for developing a written inspection, risk assessment, and analysis	14695
plan; conducting inspections for lead hazards in a residential	14696
unit, child care facility, or school; interpreting results of	14697
inspections and risk assessments; identifying hazard control	14698
strategies to reduce or eliminate lead exposures; and completing a	14699
risk assessment report.	14700

(Y) "Lead-safe renovation" means the supervision or	14701
performance of services for the general improvement of all or part	14702
of an existing structure, including a residential unit, child care	14703
facility, or school, when the services are supervised or performed	14704
by a lead-safe renovator.	14705

(Z) "Lead-safe renovator" means a person who has successfully	14706
completed a training program in lead-safe renovation approved	14707
under section 3742.47 of the Revised Code.	14708

(AA) "Manager" means a person, who may be the same person as	14709
the owner, responsible for the daily operation of a residential	14710
unit, child care facility, or school.	14711

(BB) "Permanent" means an expected design life of at least	14712
twenty years.	14713

(CC) "Replacement" means an activity that entails removing	14714
components such as windows, doors, and trim that have lead hazards	14715
on their surfaces and installing components free of lead hazards.	14716

(DD) "Residential unit" means a dwelling or any part of a	14717
building being used as an individual's private residence.	14718

(EE) "School" means a public or nonpublic school in which	14719
children under six years of age receive education.	14720

Sec. 3797.06. (A) As used in this section, "specified	14721
geographical notification area" means the geographic area or areas	14722
within which the attorney general requires by rule adopted under	14723
section 3797.08 of the Revised Code the notice described in	14724
division (B) of this section to be given to the persons identified	14725
in divisions (A)(1) to (9) of this section. If a court enters a	14726
declaratory judgment against a registrant under section 2721.21 of	14727
the Revised Code, the sheriff with whom the registrant has most	14728
recently registered under section 3797.02 or 3797.03 of the	14729
Revised Code and the sheriff to whom the registrant most recently	14730
sent a notice of intent to reside under section 3797.03 of the	14731
Revised Code shall provide within the period of time specified in	14732
division (C) of this section a written notice containing the	14733
information set forth in division (B) of this section to all of	14734
the persons described in divisions (A)(1) to (9) of this section.	14735
If the sheriff has sent a notice to the persons described in those	14736
divisions as a result of receiving a notice of intent to reside	14737
and if the registrant registers a residence address that is the	14738
same residence address described in the notice of intent to	14739
reside, the sheriff is not required to send an additional notice	14740
when the registrant registers. The sheriff shall provide the	14741
notice to all of the following persons:	14742

(1)(a) Any occupant of each residential unit that is located	14743
within one thousand feet of the registrant's residential premises,	14744
that is located within the county served by the sheriff, and that	14745
is not located in a multi-unit building. Division (D)(3) of this	14746
section applies regarding notices required under this division.	14747

(b) If the registrant resides in a multi-unit building, any	14748
occupant of each residential unit that is located in that	14749
multi-unit building and that shares a common hallway with the	14750
registrant. For purposes of this division, an occupant's unit	14751
shares a common hallway with the registrant if the entrance door	14752
into the occupant's unit is located on the same floor and opens	14753
into the same hallway as the entrance door to the unit the	14754
registrant occupies. Division (D)(3) of this section applies	14755
regarding notices required under this division.	14756

(c) The building manager, or the person the building owner or	14757
condominium unit owners association authorizes to exercise	14758
management and control, of each multi-unit building that is	14759
located within one thousand feet of the registrant's residential	14760
premises, including a multi-unit building in which the registrant	14761
resides, and that is located within the county served by the	14762
sheriff. In addition to notifying the building manager or the	14763
person authorized to exercise management and control in the	14764
multi-unit building under this division, the sheriff shall post a	14765
copy of the notice prominently in each common entryway in the	14766
building and any other location in the building the sheriff	14767
determines appropriate. The manager or person exercising	14768
management and control of the building shall permit the sheriff to	14769
post copies of the notice under this division as the sheriff	14770
determines appropriate. In lieu of posting copies of the notice as	14771
described in this division, a sheriff may provide notice to all	14772
occupants of the multi-unit building by mail or personal contact.	14773
If the sheriff so notifies all the occupants, the sheriff is not	14774
required to post copies of the notice in the common entryways to	14775
the building. Division (D)(3) of this section applies regarding	14776
notices required under this division.	14777

(d) All additional persons who are within any category of	14778
neighbors of the registrant that the attorney general by rule	14779
adopted under section 3797.08 of the Revised Code requires to be	14780
provided the notice and who reside within the county served by the	14781
sheriff.	14782

(2) The executive director of the public children services	14783
agency that has jurisdiction within the specified geographical	14784
notification area and that is located within the county served by	14785
the sheriff;	14786

(3) The superintendent of each board of education of a school	14787
district that has schools within the specified geographical	14788
notification area and that is located within the county served by	14789
the sheriff;	14790

(4) The appointing or hiring officer of each nonpublic school	14791
located within the specified geographical notification area and	14792
within the county served by the sheriff or of each other school	14793
located within the specified geographical notification area and	14794
within the county served by the sheriff and that is not operated	14795
by a board of education described in division (A)(3) of this	14796
section;	14797

(5) The director, head teacher, elementary principal, or site	14798
administrator of each preschool program governed by Chapter 3301.	14799
of the Revised Code that is located within the specified	14800
geographical notification area and within the county served by the	14801
sheriff;	14802

(6) The administrator of each child day-care center or type A	14803
family day-care home that is located within the specified	14804
geographical notification area and within the county served by the	14805
sheriff, and ~~the provider of~~ each ~~certified~~holder of a license to	14806
operate a type B family day-care home that is located within the	14807
specified geographical notification area and within the county	14808
served by the sheriff. As used in this division, "child day-care	14809
center," "type A family day-care home," and "~~certified~~ type B	14810
family day-care home" have the same meanings as in section 5104.01	14811
of the Revised Code.	14812

(7) The president or other chief administrative officer of	14813
each institution of higher education, as defined in section	14814
2907.03 of the Revised Code, that is located within the specified	14815
geographical notification area and within the county served by the	14816
sheriff and the chief law enforcement officer of any state	14817
university law enforcement agency or campus police department	14818
established under section 3345.04 or 1713.50 of the Revised Code	14819
that serves that institution;	14820

(8) The sheriff of each county that includes any portion of	14821
the specified geographical notification area;	14822

(9) If the registrant resides within the county served by the	14823
sheriff, the chief of police, marshal, or other chief law	14824
enforcement officer of the municipal corporation in which the	14825
registrant resides or, if the registrant resides in an	14826
unincorporated area, the constable or chief of the police	14827
department or police district police force of the township in	14828
which the registrant resides.	14829

(B) The notice required under division (A) of this section	14830
shall include the registrant's name, residence or employment	14831
address, as applicable, and a statement that the registrant has	14832
been found liable for childhood sexual abuse in a civil action and	14833
is listed on the civil registry established by the attorney	14834
general pursuant to section 3797.08 of the Revised Code.	14835

(C) If a sheriff with whom a registrant registers under	14836
section 3797.02 or 3797.03 of the Revised Code or to whom the	14837
registrant most recently sent a notice of intent to reside under	14838
section 3797.03 of the Revised Code is required by division (A) of	14839
this section to provide notices regarding a registrant and if the	14840
sheriff provides a notice pursuant to that requirement the sheriff	14841
provides a notice to a sheriff of one or more other counties in	14842
accordance with division (A)(8) of this section, the sheriff of	14843
each of the other counties who is provided notice under division	14844
(A)(8) of this section shall provide the notices described in	14845
divisions (A)(1) to (7) and (A)(9) of this section to each person	14846
or entity identified within those divisions that is located within	14847
the specified geographical notification area and within the county	14848
served by the sheriff in question.	14849

(D)(1) A sheriff required by division (A) or (C) of this	14850
section to provide notices regarding a registrant shall provide	14851
the notice to the neighbors that are described in division (A)(1)	14852
of this section and the notices to law enforcement personnel that	14853
are described in divisions (A)(8) and (9) of this section as soon	14854
as practicable, but not later than five days after the registrant	14855
sends the notice of intent to reside to the sheriff, and again not	14856
later than five days after the registrant registers with the	14857
sheriff or, if the sheriff is required by division (C) to provide	14858
the notices, not later than five days after the sheriff is	14859
provided the notice described in division (A)(8) of this section.	14860

A sheriff required by division (A) or (C) of this section to	14861
provide notices regarding a registrant shall provide the notices	14862
to all other specified persons that are described in divisions	14863
(A)(2) to (7) of this section as soon as practicable, but not	14864
later than seven days after the registrant registers with the	14865
sheriff, or, if the sheriff is required by division (C) to provide	14866
the notices, not later than five days after the sheriff is	14867
provided the notice described in division (A)(8) of this section.	14868

(2) If a registrant in relation to whom division (A) of this	14869
section applies verifies the registrant's current residence	14870
address with a sheriff pursuant to section 3797.04 of the Revised	14871
Code, the sheriff may provide a written notice containing the	14872
information set forth in division (B) of this section to the	14873
persons identified in divisions (A)(1) to (9) of this section. If	14874
a sheriff provides a notice pursuant to this division to the	14875
sheriff of one or more other counties in accordance with division	14876
(A)(8) of this section, the sheriff of each of the other counties	14877
who is provided the notice under division (A)(8) of this section	14878
may provide, but is not required to provide, a written notice	14879
containing the information set forth in division (B) of this	14880
section to the persons identified in divisions (A)(1) to (7) and	14881
(A)(9) of this section.	14882

(3) A sheriff may provide notice under division (A)(1)(a) or	14883
(b) of this section, and may provide notice under division	14884
(A)(1)(c) of this section to a building manager or person	14885
authorized to exercise management and control of a building, by	14886
mail, by personal contact, or by leaving the notice at or under	14887
the entry door to a residential unit. For purposes of divisions	14888
(A)(1)(a) and (b) of this section and of the portion of division	14889
(A)(1)(c) of this section relating to the provision of notice to	14890
occupants of a multi-unit building by mail or personal contact,	14891
the provision of one written notice per unit is deemed providing	14892
notice to all occupants of that unit.	14893

(E) All information that a sheriff possesses regarding a	14894
registrant that is described in division (B) of this section and	14895
that must be provided in a notice required under division (A) or	14896
(C) of this section or that may be provided in a notice authorized	14897
under division (D)(2) of this section is a public record that is	14898
open to inspection under section 149.43 of the Revised Code.	14899

(F) A sheriff required by division (A) or (C) of this	14900
section, or authorized by division (D)(2) of this section, to	14901
provide notices regarding a registrant may request the department	14902
of job and family services, department of education, or Ohio board	14903
of regents, by telephone, in registrant, or by mail, to provide	14904
the sheriff with the names, addresses, and telephone numbers of	14905
the appropriate persons and entities to whom the notices described	14906
in divisions (A)(2) to (7) of this section are to be provided.	14907
Upon receipt of a request, the department or board shall provide	14908
the requesting sheriff with the names, addresses, and telephone	14909
numbers of the appropriate persons and entities to whom those	14910
notices are to be provided.	14911

(G)(1) Upon the motion of the registrant or the judge that	14912
entered a declaratory judgment pursuant to section 2721.21 of the	14913
Revised Code or that judge's successor in office, the judge may	14914
schedule a hearing to determine whether the interests of justice	14915
would be served by suspending the community notification	14916
requirement under this section in relation to the registrant. The	14917
judge may dismiss the motion without a hearing but may not issue	14918
an order suspending the community notification requirement without	14919
a hearing. At the hearing, all parties are entitled to be heard.	14920
If, at the conclusion of the hearing, the judge finds that the	14921
registrant has proven by clear and convincing evidence that the	14922
registrant is unlikely to commit childhood sexual abuse in the	14923
future and that suspending the community notification requirement	14924
is in the interests of justice, the judge may issue an order	14925
suspending the application of this section in relation to the	14926
registrant. The order shall contain both of these findings.	14927

The judge promptly shall serve a copy of the order upon the	14928
sheriff with whom the registrant most recently registered a	14929
residence address and the sheriff with whom the registrant most	14930
recently registered an employment address under section 3797.02 of	14931
the Revised Code.	14932

An order suspending the community notification requirement	14933
does not suspend or otherwise alter a registrant's duties to	14934
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	14935
Code.	14936

(2) A registrant has the right to appeal an order denying a	14937
motion made under division (G)(1) of this section.	14938

Sec. 4511.81. (A) When any child who is in either or both of	14939
the following categories is being transported in a motor vehicle,	14940
other than a taxicab or public safety vehicle as defined in	14941
section 4511.01 of the Revised Code, that is required by the	14942
United States department of transportation to be equipped with	14943
seat belts at the time of manufacture or assembly, the operator of	14944
the motor vehicle shall have the child properly secured in	14945
accordance with the manufacturer's instructions in a child	14946
restraint system that meets federal motor vehicle safety	14947
standards:	14948

(1) A child who is less than four years of age;

14949

(2) A child who weighs less than forty pounds.

14950

(B) When any child who is in either or both of the following	14951
categories is being transported in a motor vehicle, other than a	14952
taxicab, that is owned, leased, or otherwise under the control of	14953
a nursery school or day-care center, the operator of the motor	14954
vehicle shall have the child properly secured in accordance with	14955
the manufacturer's instructions in a child restraint system that	14956
meets federal motor vehicle safety standards:	14957

(1) A child who is less than four years of age;

14958

(2) A child who weighs less than forty pounds.

14959

(C) When any child who is less than eight years of age and	14960
less than four feet nine inches in height, who is not required by	14961
division (A) or (B) of this section to be secured in a child	14962
restraint system, is being transported in a motor vehicle, other	14963
than a taxicab or public safety vehicle as defined in section	14964
4511.01 of the Revised Code or a vehicle that is regulated under	14965
section ~~5104.011~~5104.015 of the Revised Code, that is required by	14966
the United States department of transportation to be equipped with	14967
seat belts at the time of manufacture or assembly, the operator of	14968
the motor vehicle shall have the child properly secured in	14969
accordance with the manufacturer's instructions on a booster seat	14970
that meets federal motor vehicle safety standards.	14971

(D) When any child who is at least eight years of age but not	14972
older than fifteen years of age, and who is not otherwise required	14973
by division (A), (B), or (C) of this section to be secured in a	14974
child restraint system or booster seat, is being transported in a	14975
motor vehicle, other than a taxicab or public safety vehicle as	14976
defined in section 4511.01 of the Revised Code, that is required	14977
by the United States department of transportation to be equipped	14978
with seat belts at the time of manufacture or assembly, the	14979
operator of the motor vehicle shall have the child properly	14980
restrained either in accordance with the manufacturer's	14981
instructions in a child restraint system that meets federal motor	14982
vehicle safety standards or in an occupant restraining device as	14983
defined in section 4513.263 of the Revised Code.	14984

(E) Notwithstanding any provision of law to the contrary, no	14985
law enforcement officer shall cause an operator of a motor vehicle	14986
being operated on any street or highway to stop the motor vehicle	14987
for the sole purpose of determining whether a violation of	14988
division (C) or (D) of this section has been or is being committed	14989
or for the sole purpose of issuing a ticket, citation, or summons	14990
for a violation of division (C) or (D) of this section or causing	14991
the arrest of or commencing a prosecution of a person for a	14992
violation of division (C) or (D) of this section, and absent	14993
another violation of law, a law enforcement officer's view of the	14994
interior or visual inspection of a motor vehicle being operated on	14995
any street or highway may not be used for the purpose of	14996
determining whether a violation of division (C) or (D) of this	14997
section has been or is being committed.	14998

(F) The director of public safety shall adopt such rules as	14999
are necessary to carry out this section.	15000

(G) The failure of an operator of a motor vehicle to secure a	15001
child in a child restraint system, a booster seat, or an occupant	15002
restraining device as required by this section is not negligence	15003
imputable to the child, is not admissible as evidence in any civil	15004
action involving the rights of the child against any other person	15005
allegedly liable for injuries to the child, is not to be used as a	15006
basis for a criminal prosecution of the operator of the motor	15007
vehicle other than a prosecution for a violation of this section,	15008
and is not admissible as evidence in any criminal action involving	15009
the operator of the motor vehicle other than a prosecution for a	15010
violation of this section.	15011

(H) This section does not apply when an emergency exists that	15012
threatens the life of any person operating or occupying a motor	15013
vehicle that is being used to transport a child who otherwise	15014
would be required to be restrained under this section. This	15015
section does not apply to a person operating a motor vehicle who	15016
has an affidavit signed by a physician licensed to practice in	15017
this state under Chapter 4731. of the Revised Code or a	15018
chiropractor licensed to practice in this state under Chapter	15019
4734. of the Revised Code that states that the child who otherwise	15020
would be required to be restrained under this section has a	15021
physical impairment that makes use of a child restraint system,	15022
booster seat, or an occupant restraining device impossible or	15023
impractical, provided that the person operating the vehicle has	15024
safely and appropriately restrained the child in accordance with	15025
any recommendations of the physician or chiropractor as noted on	15026
the affidavit.	15027

(I) There is hereby created in the state treasury the child	15028
highway safety fund, consisting of fines imposed pursuant to	15029
division (K)(1) of this section for violations of divisions (A),	15030
(B), (C), and (D) of this section. The money in the fund shall be	15031
used by the department of health only to defray the cost of	15032
designating hospitals as pediatric trauma centers under section	15033
3727.081 of the Revised Code and to establish and administer a	15034
child highway safety program. The purpose of the program shall be	15035
to educate the public about child restraint systems and booster	15036
seats and the importance of their proper use. The program also	15037
shall include a process for providing child restraint systems and	15038
booster seats to persons who meet the eligibility criteria	15039
established by the department, and a toll-free telephone number	15040
the public may utilize to obtain information about child restraint	15041
systems and booster seats, and their proper use.	15042

(J) The director of health, in accordance with Chapter 119.	15043
of the Revised Code, shall adopt any rules necessary to carry out	15044
this section, including rules establishing the criteria a person	15045
must meet in order to receive a child restraint system or booster	15046
seat under the department's child highway safety program; provided	15047
that rules relating to the verification of pediatric trauma	15048
centers shall not be adopted under this section.	15049

(K) Nothing in this section shall be construed to require any	15050
person to carry with the person the birth certificate of a child	15051
to prove the age of the child, but the production of a valid birth	15052
certificate for a child showing that the child was not of an age	15053
to which this section applies is a defense against any ticket,	15054
citation, or summons issued for violating this section.	15055

(L)(1) Whoever violates division (A), (B), (C), or (D) of	15056
this section shall be punished as follows, provided that the	15057
failure of an operator of a motor vehicle to secure more than one	15058
child in a child restraint system, booster seat, or occupant	15059
restraining device as required by this section that occurred at	15060
the same time, on the same day, and at the same location is deemed	15061
to be a single violation of this section:	15062

(a) Except as otherwise provided in division (L)(1)(b) of	15063
this section, the offender is guilty of a minor misdemeanor and	15064
shall be fined not less than twenty-five dollars nor more than	15065
seventy-five dollars.	15066

(b) If the offender previously has been convicted of or	15067
pleaded guilty to a violation of division (A), (B), (C), or (D) of	15068
this section or of a municipal ordinance that is substantially	15069
similar to any of those divisions, the offender is guilty of a	15070
misdemeanor of the fourth degree.	15071

(2) All fines imposed pursuant to division (L)(1) of this	15072
section shall be forwarded to the treasurer of state for deposit	15073
in the child highway safety fund created by division (I) of this	15074
section.	15075

Sec. 5101.29. When contained in a record held by the	15076
department of job and family services or a county agency, the	15077
following are not public records for purposes of section 149.43 of	15078
the Revised Code:	15079

(A) Names and other identifying information regarding	15080
children enrolled in or attending a child day-care center or home	15081
subject to licensure~~, certification,~~ or registration under Chapter	15082
5104. of the Revised Code;	15083

(B) Names and other identifying information regarding	15084
children placed with an institution or association certified under	15085
section 5103.03 of the Revised Code;	15086

(C) Names and other identifying information regarding a	15087
person who makes an oral or written complaint regarding an	15088
institution, association, child day-care center, or home subject	15089
to licensure~~, certification,~~ or registration to the department or	15090
other state or county entity responsible for enforcing Chapter	15091
5103. or 5104. of the Revised Code;	15092

(D)(1) Except as otherwise provided in division (D)(2) of	15093
this section, names, documentation, and other identifying	15094
information regarding a foster caregiver or a prospective foster	15095
caregiver, including the foster caregiver application for	15096
certification under section 5103.03 of the Revised Code and the	15097
home study conducted pursuant to section 5103.0324 of the Revised	15098
Code.	15099

(2) Notwithstanding division (D)(1) of this section, the	15100
following are public records for the purposes of section 149.43 of	15101
the Revised Code, when contained in a record held by the	15102
department of job and family services, a county agency, or other	15103
governmental entity:	15104

(a) All of the following information regarding a currently	15105
certified foster caregiver who has had a foster care certificate	15106
revoked pursuant to Chapter 5103. of the Revised Code or, after	15107
receiving a current or current renewed certificate has been	15108
convicted of, pleaded guilty to, or indicted or otherwise charged	15109
with any offense described in division (C)(1) of section 2151.86	15110
of the Revised Code:	15111

(i) The foster caregiver's name, date of birth, and county of	15112
residence;	15113

(ii) The date of the foster caregiver's certification;

15114

(iii) The date of each placement of a foster child into the	15115
foster caregiver's home;	15116

(iv) If applicable, the date of the removal of a foster child	15117
from the foster caregiver's home and the reason for the foster	15118
child's removal unless release of such information would be	15119
detrimental to the foster child or other children residing in the	15120
foster caregiver's home;	15121

(v) If applicable, the date of the foster care certificate	15122
revocation and all documents related to the revocation unless	15123
otherwise not a public record pursuant to section 149.43 of the	15124
Revised Code.	15125

(b) Nonidentifying foster care statistics including, but not	15126
limited to, the number of foster caregivers and foster care	15127
certificate revocations.	15128

Sec. 5103.03. (A) The director of job and family services	15129
shall adopt rules as necessary for the adequate and competent	15130
management of institutions or associations. The director shall	15131
ensure that foster care home study rules adopted under this	15132
section align any home study content, time period, and process	15133
with any home study content, time period, and process required by	15134
rules adopted under section 3107.033 of the Revised Code.	15135

(B)(1) Except for facilities under the control of the	15136
department of youth services, places of detention for children	15137
established and maintained pursuant to sections 2152.41 to 2152.44	15138
of the Revised Code, and child day-care centers subject to Chapter	15139
5104. of the Revised Code, the department of job and family	15140
services every two years shall pass upon the fitness of every	15141
institution and association that receives, or desires to receive	15142
and care for children, or places children in private homes.	15143

(2) When the department of job and family services is	15144
satisfied as to the care given such children, and that the	15145
requirements of the statutes and rules covering the management of	15146
such institutions and associations are being complied with, it	15147
shall issue to the institution or association a certificate to	15148
that effect. A certificate is valid for two years, unless sooner	15149
revoked by the department. When determining whether an institution	15150
or association meets a particular requirement for certification,	15151
the department may consider the institution or association to have	15152
met the requirement if the institution or association shows to the	15153
department's satisfaction that it has met a comparable requirement	15154
to be accredited by a nationally recognized accreditation	15155
organization.	15156

(3) The department may issue a temporary certificate valid	15157
for less than one year authorizing an institution or association	15158
to operate until minimum requirements have been met.	15159

(4) An institution or association that knowingly makes a	15160
false statement that is included as a part of certification under	15161
this section is guilty of the offense of falsification under	15162
section 2921.13 of the Revised Code and the department shall not	15163
certify that institution or association.	15164

(5) The department shall not issue a certificate to a	15165
prospective foster home or prospective specialized foster home	15166
pursuant to this section if the prospective foster home or	15167
prospective specialized foster home operates as a type A family	15168
day-care home pursuant to Chapter 5104. of the Revised Code. The	15169
department shall not issue a certificate to a prospective	15170
specialized foster home if the prospective specialized foster home	15171
operates a type B family day-care home pursuant to Chapter 5104.	15172
of the Revised Code.	15173

(C) The department may revoke a certificate if it finds that	15174
the institution or association is in violation of law or rule. No	15175
juvenile court shall commit a child to an association or	15176
institution that is required to be certified under this section if	15177
its certificate has been revoked or, if after revocation, the date	15178
of reissue is less than fifteen months prior to the proposed	15179
commitment.	15180

(D) Every two years, on a date specified by the department,	15181
each institution or association desiring certification or	15182
recertification shall submit to the department a report showing	15183
its condition, management, competency to care adequately for the	15184
children who have been or may be committed to it or to whom it	15185
provides care or services, the system of visitation it employs for	15186
children placed in private homes, and other information the	15187
department requires:.	15188

(E) The department shall, not less than once each year, send	15189
a list of certified institutions and associations to each juvenile	15190
court and certified association or institution.	15191

(F) No person shall receive children or receive or solicit	15192
money on behalf of such an institution or association not so	15193
certified or whose certificate has been revoked.	15194

(G)(1) The director may delegate by rule any duties imposed	15195
on it by this section to inspect and approve family foster homes	15196
and specialized foster homes to public children services agencies,	15197
private child placing agencies, or private noncustodial agencies.	15198

(2) The director shall adopt rules that require a foster	15199
caregiver or other individual certified to operate a foster home	15200
under this section to notify the recommending agency that the	15201
foster caregiver or other individual is ~~certified~~licensed to	15202
operate a type B family day-care home under Chapter 5104. of the	15203
Revised Code.	15204

(H) If the director of job and family services determines	15205
that an institution or association that cares for children is	15206
operating without a certificate, the director may petition the	15207
court of common pleas in the county in which the institution or	15208
association is located for an order enjoining its operation. The	15209
court shall grant injunctive relief upon a showing that the	15210
institution or association is operating without a certificate.	15211

(I) If both of the following are the case, the director of	15212
job and family services may petition the court of common pleas of	15213
any county in which an institution or association that holds a	15214
certificate under this section operates for an order, and the	15215
court may issue an order, preventing the institution or	15216
association from receiving additional children into its care or an	15217
order removing children from its care:	15218

(1) The department has evidence that the life, health, or	15219
safety of one or more children in the care of the institution or	15220
association is at imminent risk.	15221

(2) The department has issued a proposed adjudication order	15222
pursuant to Chapter 119. of the Revised Code to deny renewal of or	15223
revoke the certificate of the institution or association.	15224

Sec. 5104.01. As used in this chapter:

15225

(A) "Administrator" means the person responsible for the	15226
daily operation of a center or, type A home, or type B home. The	15227
administrator and the owner may be the same person.	15228

(B) "Approved child day camp" means a child day camp approved	15229
pursuant to section 5104.22 of the Revised Code.	15230

(C) ~~"Authorized provider" means a person authorized by a~~	15231
~~county director of job and family services to operate a certified~~	15232
~~type B family day-care home.~~	15233

~~(D)~~ "Border state child care provider" means a child care	15234
provider that is located in a state bordering Ohio and that is	15235
licensed, certified, or otherwise approved by that state to	15236
provide child care.	15237

~~(E)~~(D) "Career pathways model" means an alternative pathway	15238
to meeting the requirements to be a child-care staff member or	15239
administrator that does both of the following:	15240

(1) Uses a framework approved by the director of job and	15241
family services to document formal education, training,	15242
experience, and specialized credentials and certifications;	15243

(2) Allows the child-care staff member or administrator to	15244
achieve a designation as an early childhood professional level	15245
one, two, three, four, five, or six.	15246

~~(F)~~(E) "Caretaker parent" means the father or mother of a	15247
child whose presence in the home is needed as the caretaker of the	15248
child, a person who has legal custody of a child and whose	15249
presence in the home is needed as the caretaker of the child, a	15250
guardian of a child whose presence in the home is needed as the	15251
caretaker of the child, and any other person who stands in loco	15252
parentis with respect to the child and whose presence in the home	15253
is needed as the caretaker of the child.	15254

~~(G) "Certified type B family day-care home" and "certified~~	15255
~~type B home" mean a type B family day-care home that is certified~~	15256
~~by the director of the county department of job and family~~	15257
~~services pursuant to section 5104.11 of the Revised Code to~~	15258
~~receive public funds for providing child care pursuant to this~~	15259
~~chapter and any rules adopted under it.~~	15260

~~(H)~~(F) "Chartered nonpublic school" means a school that meets	15261
standards for nonpublic schools prescribed by the state board of	15262
education for nonpublic schools pursuant to section 3301.07 of the	15263
Revised Code.	15264

~~(I)~~(G) "Child" includes an infant, toddler, preschool-age	15265
child, or school-age child.	15266

~~(J)~~(H) "Child care block grant act" means the "Child Care and	15267
Development Block Grant Act of 1990," established in section 5082	15268
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	15269
1388-236 (1990), 42 U.S.C. 9858, as amended.	15270

~~(K)~~(I) "Child day camp" means a program in which only	15271
school-age children attend or participate, that operates for no	15272
more than seven hours per day, that operates only during one or	15273
more public school district's regular vacation periods or for no	15274
more than fifteen weeks during the summer, and that operates	15275
outdoor activities for each child who attends or participates in	15276
the program for a minimum of fifty per cent of each day that	15277
children attend or participate in the program, except for any day	15278
when hazardous weather conditions prevent the program from	15279
operating outdoor activities for a minimum of fifty per cent of	15280
that day. For purposes of this division, the maximum seven hours	15281
of operation time does not include transportation time from a	15282
child's home to a child day camp and from a child day camp to a	15283
child's home.	15284

~~(L)~~(J) "Child care" means administering to the needs of	15285
infants, toddlers, preschool-age children, and school-age children	15286
outside of school hours by persons other than their parents or	15287
guardians, custodians, or relatives by blood, marriage, or	15288
adoption for any part of the twenty-four-hour day in a place or	15289
residence other than a child's own home.	15290

~~(M)~~(K) "Child day-care center" and "center" mean any place in	15291
which child care or publicly funded child care is provided for	15292
thirteen or more children at one time or any place that is not the	15293
permanent residence of the licensee or administrator in which	15294
child care or publicly funded child care is provided for seven to	15295
twelve children at one time. In counting children for the purposes	15296
of this division, any children under six years of age who are	15297
related to a licensee, administrator, or employee and who are on	15298
the premises of the center shall be counted. "Child day-care	15299
center" and "center" do not include any of the following:	15300

(1) A place located in and operated by a hospital, as defined	15301
in section 3727.01 of the Revised Code, in which the needs of	15302
children are administered to, if all the children whose needs are	15303
being administered to are monitored under the on-site supervision	15304
of a physician licensed under Chapter 4731. of the Revised Code or	15305
a registered nurse licensed under Chapter 4723. of the Revised	15306
Code, and the services are provided only for children who, in the	15307
opinion of the child's parent, guardian, or custodian, are	15308
exhibiting symptoms of a communicable disease or other illness or	15309
are injured;	15310

(2) A child day camp;

15311

(3) A place that provides child care, but not publicly funded	15312
child care, if all of the following apply:	15313

(a) An organized religious body provides the child care;

15314

(b) A parent, custodian, or guardian of at least one child	15315
receiving child care is on the premises and readily accessible at	15316
all times;	15317

(c) The child care is not provided for more than thirty days	15318
a year;	15319

(d) The child care is provided only for preschool-age and	15320
school-age children.	15321

~~(N)~~(L) "Child care resource and referral service	15322
organization" means a community-based nonprofit organization that	15323
provides child care resource and referral services but not child	15324
care.	15325

~~(O)~~(M) "Child care resource and referral services" means all	15326
of the following services:	15327

(1) Maintenance of a uniform data base of all child care	15328
providers in the community that are in compliance with this	15329
chapter, including current occupancy and vacancy data;	15330

(2) Provision of individualized consumer education to	15331
families seeking child care;	15332

(3) Provision of timely referrals of available child care	15333
providers to families seeking child care;	15334

(4) Recruitment of child care providers;

15335

(5) Assistance in the development, conduct, and dissemination	15336
of training for child care providers and provision of technical	15337
assistance to current and potential child care providers,	15338
employers, and the community;	15339

(6) Collection and analysis of data on the supply of and	15340
demand for child care in the community;	15341

(7) Technical assistance concerning locally, state, and	15342
federally funded child care and early childhood education	15343
programs;	15344

(8) Stimulation of employer involvement in making child care	15345
more affordable, more available, safer, and of higher quality for	15346
their employees and for the community;	15347

(9) Provision of written educational materials to caretaker	15348
parents and informational resources to child care providers;	15349

(10) Coordination of services among child care resource and	15350
referral service organizations to assist in developing and	15351
maintaining a statewide system of child care resource and referral	15352
services if required by the department of job and family services;	15353

(11) Cooperation with the county department of job and family	15354
services in encouraging the establishment of parent cooperative	15355
child care centers and parent cooperative type A family day-care	15356
homes.	15357

~~(P)~~(N) "Child-care staff member" means an employee of a child	15358
day-care center or type A family day-care home who is primarily	15359
responsible for the care and supervision of children. The	15360
administrator may be a part-time child-care staff member when not	15361
involved in other duties.	15362

~~(Q)~~(O) "Drop-in child day-care center," "drop-in center,"	15363
"drop-in type A family day-care home," and "drop-in type A home"	15364
mean a center or type A home that provides child care or publicly	15365
funded child care for children on a temporary, irregular basis.	15366

~~(R)~~(P) "Employee" means a person who either:

15367

(1) Receives compensation for duties performed in a child	15368
day-care center or type A family day-care home;	15369

(2) Is assigned specific working hours or duties in a child	15370
day-care center or type A family day-care home.	15371

~~(S)~~(Q) "Employer" means a person, firm, institution,	15372
organization, or agency that operates a child day-care center or	15373
type A family day-care home subject to licensure under this	15374
chapter.	15375

~~(T)~~(R) "Federal poverty line" means the official poverty	15376
guideline as revised annually in accordance with section 673(2) of	15377
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	15378
U.S.C. 9902, as amended, for a family size equal to the size of	15379
the family of the person whose income is being determined.	15380

~~(U)~~(S) "Head start program" means a comprehensive child	15381
development program that receives funds distributed under the	15382
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	15383
amended, and is licensed as a child day-care center.	15384

~~(V)~~(T) "Income" means gross income, as defined in section	15385
5107.10 of the Revised Code, less any amounts required by federal	15386
statutes or regulations to be disregarded.	15387

~~(W)~~(U) "Indicator checklist" means an inspection tool, used	15388
in conjunction with an instrument-based program monitoring	15389
information system, that contains selected licensing requirements	15390
that are statistically reliable indicators or predictors of a	15391
child day-care ~~center or~~center's type A family day-care home's,	15392
or licensed type B family day-care home's compliance with	15393
licensing requirements.	15394

~~(X)~~(V) "Infant" means a child who is less than eighteen	15395
months of age.	15396

~~(Y)~~(W) "In-home aide" means a person who does not reside with	15397
the child but provides care in the child's home and is certified	15398
by a county director of job and family services pursuant to	15399
section 5104.12 of the Revised Code to provide publicly funded	15400
child care to a child in a child's own home pursuant to this	15401
chapter and any rules adopted under it.	15402

~~(Z)~~(X) "Instrument-based program monitoring information	15403
system" means a method to assess compliance with licensing	15404
requirements for child day-care centers ~~and~~, type A family	15405
day-care homes, and licensed type B family day-care homes in which	15406
each licensing requirement is assigned a weight indicative of the	15407
relative importance of the requirement to the health, growth, and	15408
safety of the children that is used to develop an indicator	15409
checklist.	15410

~~(AA)~~(Y) "License capacity" means the maximum number in each	15411
age category of children who may be cared for in a child day-care	15412
center or type A family day-care home at one time as determined by	15413
the director of job and family services considering building	15414
occupancy limits established by the department of commerce, amount	15415
of available indoor floor space and outdoor play space, and amount	15416
of available play equipment, materials, and supplies. For the	15417
purposes of a provisional license issued under this chapter, the	15418
director shall also consider the number of available child-care	15419
staff members when determining "license capacity" for the	15420
provisional license.	15421

~~(BB)~~(Z) "Licensed child care program" means any of the	15422
following:	15423

(1) A child day-care center licensed by the department of job	15424
and family services pursuant to this chapter;	15425

(2) A type A family day-care home or type B family day-care	15426
home licensed by the department of job and family services	15427
pursuant to this chapter;	15428

(3) ~~A type B family day-care home certified by a county~~	15429
~~department of job and family services pursuant to this chapter;~~	15430

~~(4)~~ A licensed preschool program or licensed school child	15431
program.	15432

~~(CC)~~(AA) "Licensed preschool program" or "licensed school	15433
child program" means a preschool program or school child program,	15434
as defined in section 3301.52 of the Revised Code, that is	15435
licensed by the department of education pursuant to sections	15436
3301.52 to 3301.59 of the Revised Code.	15437

~~(DD)~~(BB) "Licensed type B family day-care home" and "licensed	15438
type B home" mean a type B family day-care home for which there is	15439
a valid license issued by the director of job and family services	15440
pursuant to section 5104.03 of the Revised Code.	15441

(CC) "Licensee" means the owner of a child day-care center	15442
or, type A family day-care home, or type B family day-care home	15443
that is licensed pursuant to this chapter and who is responsible	15444
for ensuring its compliance with this chapter and rules adopted	15445
pursuant to this chapter.	15446

~~(EE)~~(DD) "Operate a child day camp" means to operate,	15447
establish, manage, conduct, or maintain a child day camp.	15448

~~(FF)~~(EE) "Owner" includes a person, as defined in section	15449
1.59 of the Revised Code, or government entity.	15450

~~(GG)~~(FF) "Parent cooperative child day-care center," "parent	15451
cooperative center," "parent cooperative type A family day-care	15452
home," and "parent cooperative type A home" mean a corporation or	15453
association organized for providing educational services to the	15454
children of members of the corporation or association, without	15455
gain to the corporation or association as an entity, in which the	15456
services of the corporation or association are provided only to	15457
children of the members of the corporation or association,	15458
ownership and control of the corporation or association rests	15459
solely with the members of the corporation or association, and at	15460
least one parent-member of the corporation or association is on	15461
the premises of the center or type A home during its hours of	15462
operation.	15463

~~(HH)~~(GG) "Part-time child day-care center," "part-time	15464
center," "part-time type A family day-care home," and "part-time	15465
type A home" mean a center or type A home that provides child care	15466
or publicly funded child care for no more than four hours a day	15467
for any child.	15468

~~(II)~~(HH) "Place of worship" means a building where activities	15469
of an organized religious group are conducted and includes the	15470
grounds and any other buildings on the grounds used for such	15471
activities.	15472

~~(JJ)~~(II) "Preschool-age child" means a child who is three	15473
years old or older but is not a school-age child.	15474

~~(KK)~~(JJ) "Protective child care" means publicly funded child	15475
care for the direct care and protection of a child to whom either	15476
of the following applies:	15477

(1) A case plan prepared and maintained for the child	15478
pursuant to section 2151.412 of the Revised Code indicates a need	15479
for protective care and the child resides with a parent,	15480
stepparent, guardian, or another person who stands in loco	15481
parentis as defined in rules adopted under section 5104.38 of the	15482
Revised Code;	15483

(2) The child and the child's caretaker either temporarily	15484
reside in a facility providing emergency shelter for homeless	15485
families or are determined by the county department of job and	15486
family services to be homeless, and are otherwise ineligible for	15487
publicly funded child care.	15488

~~(LL)~~(KK) "Publicly funded child care" means administering to	15489
the needs of infants, toddlers, preschool-age children, and	15490
school-age children under age thirteen during any part of the	15491
twenty-four-hour day by persons other than their caretaker parents	15492
for remuneration wholly or in part with federal or state funds,	15493
including funds available under the child care block grant act,	15494
Title IV-A, and Title XX, distributed by the department of job and	15495
family services.	15496

~~(MM)~~(LL) "Religious activities" means any of the following:	15497
worship or other religious services; religious instruction; Sunday	15498
school classes or other religious classes conducted during or	15499
prior to worship or other religious services; youth or adult	15500
fellowship activities; choir or other musical group practices or	15501
programs; meals; festivals; or meetings conducted by an organized	15502
religious group.	15503

~~(NN)~~(MM) "School-age child" means a child who is enrolled in	15504
or is eligible to be enrolled in a grade of kindergarten or above	15505
but is less than fifteen years old.	15506

~~(OO)~~(NN) "School-age child care center" and "school-age child	15507
type A home" mean a center or type A home that provides child care	15508
for school-age children only and that does either or both of the	15509
following:	15510

(1) Operates only during that part of the day that	15511
immediately precedes or follows the public school day of the	15512
school district in which the center or type A home is located;	15513

(2) Operates only when the public schools in the school	15514
district in which the center or type A home is located are not	15515
open for instruction with pupils in attendance.	15516

~~(PP)~~(OO) "Serious risk noncompliance" means a licensure or	15517
certification rule violation that leads to a great risk of harm	15518
to, or death of, a child, and is observable, not inferable.	15519

~~(QQ)~~(PP) "State median income" means the state median income	15520
calculated by the department of development pursuant to division	15521
(A)(1)(g) of section 5709.61 of the Revised Code.	15522

~~(RR)~~(QQ) "Title IV-A" means Title IV-A of the "Social	15523
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	15524

~~(SS)~~(RR) "Title XX" means Title XX of the "Social Security	15525
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	15526

~~(TT)~~(SS) "Toddler" means a child who is at least eighteen	15527
months of age but less than three years of age.	15528

~~(UU)~~(TT) "Type A family day-care home" and "type A home" mean	15529
a permanent residence of the administrator in which child care or	15530
publicly funded child care is provided for seven to twelve	15531
children at one time or a permanent residence of the administrator	15532
in which child care is provided for four to twelve children at one	15533
time if four or more children at one time are under two years of	15534
age. In counting children for the purposes of this division, any	15535
children under six years of age who are related to a licensee,	15536
administrator, or employee and who are on the premises of the type	15537
A home shall be counted. "Type A family day-care home" and "type A	15538
home" do not include any child day camp.	15539

~~(VV)~~(UU) "Type B family day-care home" and "type B home" mean	15540
a permanent residence of the provider in which child care is	15541
provided for one to six children at one time and in which no more	15542
than three children are under two years of age at one time. In	15543
counting children for the purposes of this division, any children	15544
under six years of age who are related to the provider and who are	15545
on the premises of the type B home shall be counted. "Type B	15546
family day-care home" and "type B home" do not include any child	15547
day camp.	15548

Sec. 5104.012. (A)(1) At the times specified in this	15549
division, the administrator of a child day-care center or a type A	15550
family day-care home shall request the superintendent of the	15551
bureau of criminal identification and investigation to conduct a	15552
criminal records check with respect to any applicant who has	15553
applied to the center or type A home for employment as a person	15554
responsible for the care, custody, or control of a child.	15555

The administrator shall request a criminal records check	15556
pursuant to this division at the time of the applicant's initial	15557
application for employment and every four years thereafter. When	15558
the administrator requests pursuant to this division a criminal	15559
records check for an applicant at the time of the applicant's	15560
initial application for employment, the administrator shall	15561
request that the superintendent obtain information from the	15562
federal bureau of investigation as a part of the criminal records	15563
check for the applicant, including fingerprint-based checks of	15564
national crime information databases as described in 42 U.S.C.	15565
671, for the person subject to the criminal records check. In all	15566
other cases in which the administrator requests a criminal records	15567
check for an applicant pursuant to this division, the	15568
administrator may request that the superintendent include	15569
information from the federal bureau of investigation in the	15570
criminal records check, including fingerprint-based checks of	15571
national crime information databases as described in 42 U.S.C.	15572
671.	15573

(2) A person required by division (A)(1) of this section to	15574
request a criminal records check shall provide to each applicant a	15575
copy of the form prescribed pursuant to division (C)(1) of section	15576
109.572 of the Revised Code, provide to each applicant a standard	15577
impression sheet to obtain fingerprint impressions prescribed	15578
pursuant to division (C)(2) of section 109.572 of the Revised	15579
Code, obtain the completed form and impression sheet from each	15580
applicant, and forward the completed form and impression sheet to	15581
the superintendent of the bureau of criminal identification and	15582
investigation at the time the person requests a criminal records	15583
check pursuant to division (A)(1) of this section. On and after	15584
August 14, 2008, the administrator of a child day-care center or a	15585
type A family day-care home shall review the results of the	15586
criminal records check before the applicant has sole	15587
responsibility for the care, custody, or control of any child.	15588

(3) An applicant who receives pursuant to division (A)(2) of	15589
this section a copy of the form prescribed pursuant to division	15590
(C)(1) of section 109.572 of the Revised Code and a copy of an	15591
impression sheet prescribed pursuant to division (C)(2) of that	15592
section and who is requested to complete the form and provide a	15593
set of fingerprint impressions shall complete the form or provide	15594
all the information necessary to complete the form and shall	15595
provide the impression sheet with the impressions of the	15596
applicant's fingerprints. If an applicant, upon request, fails to	15597
provide the information necessary to complete the form or fails to	15598
provide impressions of the applicant's fingerprints, the center or	15599
type A home shall not employ that applicant for any position for	15600
which a criminal records check is required by division (A)(1) of	15601
this section.	15602

(B)(1) Except as provided in rules adopted under division (E)	15603
of this section, no child day-care center or type A family	15604
day-care home shall employ or contract with another entity for the	15605
services of a person as a person responsible for the care,	15606
custody, or control of a child if the person previously has been	15607
convicted of or pleaded guilty to any of the violations described	15608
in division (A)(9) of section 109.572 of the Revised Code.	15609

(2) A child day-care center or type A family day-care home	15610
may employ an applicant conditionally until the criminal records	15611
check required by this section is completed and the center or home	15612
receives the results of the criminal records check. If the results	15613
of the criminal records check indicate that, pursuant to division	15614
(B)(1) of this section, the applicant does not qualify for	15615
employment, the center or home shall release the applicant from	15616
employment.	15617

(C)(1) Each child day-care center and type A family day-care	15618
home shall pay to the bureau of criminal identification and	15619
investigation the fee prescribed pursuant to division (C)(3) of	15620
section 109.572 of the Revised Code for each criminal records	15621
check conducted in accordance with that section upon the request	15622
pursuant to division (A)(1) of this section of the administrator	15623
or provider of the center or home.	15624

(2) A child day-care center and type A family day-care home	15625
may charge an applicant a fee for the costs it incurs in obtaining	15626
a criminal records check under this section. A fee charged under	15627
this division shall not exceed the amount of fees the center or	15628
home pays under division (C)(1) of this section. If a fee is	15629
charged under this division, the center or home shall notify the	15630
applicant at the time of the applicant's initial application for	15631
employment of the amount of the fee and that, unless the fee is	15632
paid, the center or type A home will not consider the applicant	15633
for employment.	15634

(D) The report of any criminal records check conducted by the	15635
bureau of criminal identification and investigation in accordance	15636
with section 109.572 of the Revised Code and pursuant to a request	15637
under division (A)(1) of this section is not a public record for	15638
the purposes of section 149.43 of the Revised Code and shall not	15639
be made available to any person other than the applicant who is	15640
the subject of the criminal records check or the applicant's	15641
representative; the center or type A home requesting the criminal	15642
records check or its representative; the department of job and	15643
family services or a county department of job and family services;	15644
and any court, hearing officer, or other necessary individual	15645
involved in a case dealing with the denial of employment to the	15646
applicant.	15647

(E) The director of job and family services shall adopt rules	15648
pursuant to Chapter 119. of the Revised Code to implement this	15649
section, including rules specifying circumstances under which a	15650
center or home may hire a person who has been convicted of an	15651
offense listed in division (B)(1) of this section but who meets	15652
standards in regard to rehabilitation set by the department.	15653

(F) Any person required by division (A)(1) of this section to	15654
request a criminal records check shall inform each person, at the	15655
time of the person's initial application for employment, that the	15656
person is required to provide a set of impressions of the person's	15657
fingerprints and that a criminal records check is required to be	15658
conducted and satisfactorily completed in accordance with section	15659
109.572 of the Revised Code if the person comes under final	15660
consideration for appointment or employment as a precondition to	15661
employment for that position.	15662

(G) As used in this section:

15663

(1) "Applicant" means a person who is under final	15664
consideration for appointment to or employment in a position with	15665
a child day-care center or a type A family day-care home as a	15666
person responsible for the care, custody, or control of a child;	15667
~~an in-home aide certified pursuant to section 5104.12 of the~~	15668
~~Revised Code;~~ or any person who would serve in any position with a	15669
child day-care center or a type A family day-care home as a person	15670
responsible for the care, custody, or control of a child pursuant	15671
to a contract with another entity.	15672

(2) "Criminal records check" has the same meaning as in	15673
section 109.572 of the Revised Code.	15674

Sec. 5104.013. (A)(1) At the times specified in division	15675
(A)(3) of this section, the director of job and family services,	15676
as part of the process of licensure of child day-care centers ~~and~~,	15677
type A family day-care homes, and licensed type B family day-care	15678
homes shall request the superintendent of the bureau of criminal	15679
identification and investigation to conduct a criminal records	15680
check with respect to the following persons:	15681

(a) Any owner, licensee, or administrator of a child day-care	15682
center;	15683

(b) Any owner, licensee, or administrator of a type A family	15684
day-care home and any person eighteen years of age or older who	15685
resides in a type A family day-care home.;	15686

~~(2) At the times specified in division (A)(3) of this~~	15687
~~section, the director of a county department of job and family~~	15688
~~services, as part of the process of certification of type B family~~	15689
~~day-care homes, shall request the superintendent of the bureau of~~	15690
~~criminal identification and investigation to conduct a criminal~~	15691
~~records check with respect to any authorized provider~~(c) Any	15692
administrator of a ~~certified~~licensed type B family day-care home	15693
and any person eighteen years of age or older who resides in a	15694
~~certified~~licensed type B family day-care home.	15695

(2) At the time specified in division (A)(3) of this section,	15696
the director of a county department of job and family services, as	15697
part of the process of certification of in-home aides, shall	15698
request the superintendent of the bureau of criminal	15699
identification and investigation to conduct a criminal records	15700
check with respect to any in-home aide.	15701

(3) The director of job and family services shall request a	15702
criminal records check pursuant to division (A)(1) of this section	15703
at the time of the initial application for licensure and every	15704
four years thereafter. The director of a county department of job	15705
and family services shall request a criminal records check	15706
pursuant to division (A)(2) of this section at the time of the	15707
initial application for certification and every four years	15708
thereafter ~~at the time of a certification renewal~~. When the	15709
director of job and family services or the director of a county	15710
department of job and family services requests pursuant to	15711
division (A)(1) or (2) of this section a criminal records check	15712
for a person at the time of the person's initial application for	15713
licensure or certification, the director shall request that the	15714
superintendent of the bureau of criminal identification and	15715
investigation obtain information from the federal bureau of	15716
investigation as a part of the criminal records check for the	15717
person, including fingerprint-based checks of national crime	15718
information databases as described in 42 U.S.C. 671 for the person	15719
subject to the criminal records check. In all other cases in which	15720
the director of job and family services or the director of a	15721
county department of job and family services requests a criminal	15722
records check for an applicant pursuant to division (A)(1) or (2)	15723
of this section, the director may request that the superintendent	15724
include information from the federal bureau of investigation in	15725
the criminal records check, including fingerprint-based checks of	15726
national crime information databases as described in 42 U.S.C.	15727
671.	15728

(4) The director of job and family services shall review the	15729
results of a criminal records check subsequent to a request made	15730
pursuant to divisions (A)(1) and (3) of this section prior to	15731
approval of a license. The director of a county department of job	15732
and family services shall review the results of a criminal records	15733
check subsequent to a request made pursuant to divisions (A)(2)	15734
and (3) of this section prior to approval of certification.	15735

(B) The director of job and family services or the director	15736
of a county department of job and family services shall provide to	15737
each person for whom a criminal records check is required under	15738
this section a copy of the form prescribed pursuant to division	15739
(C)(1) of section 109.572 of the Revised Code and a standard	15740
impression sheet to obtain fingerprint impressions prescribed	15741
pursuant to division (C)(2) of that section, obtain the completed	15742
form and impression sheet from that person, and forward the	15743
completed form and impression sheet to the superintendent of the	15744
bureau of criminal identification and investigation.	15745

(C) A person who receives pursuant to division (B) of this	15746
section a copy of the form and standard impression sheet described	15747
in that division and who is requested to complete the form and	15748
provide a set of fingerprint impressions shall complete the form	15749
or provide all the information necessary to complete the form and	15750
shall provide the impression sheet with the impressions of the	15751
person's fingerprints. If the person, upon request, fails to	15752
provide the information necessary to complete the form or fails to	15753
provide impressions of the person's fingerprints, the director may	15754
consider the failure as a reason to deny licensure or	15755
certification.	15756

(D) Except as provided in rules adopted under division (G) of	15757
this section, the director of job and family services shall not	15758
grant a license to a child day-care center or, type A family	15759
day-care home ~~and a county director of job and family services~~	15760
~~shall not certify a~~, or type B family day-care home and a county	15761
director of job and family services shall not certify an in-home	15762
aide if a person for whom a criminal records check was required in	15763
connection with the center or home previously has been convicted	15764
of or pleaded guilty to any of the violations described in	15765
division (A)(9) of section 109.572 of the Revised Code.	15766

(E) Each child day-care center, type A family day-care home,	15767
and type B family day-care home shall pay to the bureau of	15768
criminal identification and investigation the fee prescribed	15769
pursuant to division (C)(3) of section 109.572 of the Revised Code	15770
for each criminal records check conducted in accordance with that	15771
section upon a request made pursuant to division (A) of this	15772
section.	15773

(F) The report of any criminal records check conducted by the	15774
bureau of criminal identification and investigation in accordance	15775
with section 109.572 of the Revised Code and pursuant to a request	15776
made under division (A) of this section is not a public record for	15777
the purposes of section 149.43 of the Revised Code and shall not	15778
be made available to any person other than the person who is the	15779
subject of the criminal records check or the person's	15780
representative, the director of job and family services, the	15781
director of a county department of job and family services, the	15782
center, type A home, or type B home involved, and any court,	15783
hearing officer, or other necessary individual involved in a case	15784
dealing with a denial of licensure or certification related to the	15785
criminal records check.	15786

(G) The director of job and family services shall adopt rules	15787
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	15788
implement this section, including rules specifying exceptions to	15789
the prohibition in division (D) of this section for persons who	15790
have been convicted of an offense listed in that division but who	15791
meet standards in regard to rehabilitation set by the ~~department~~	15792
director.	15793

(H) As used in this section, "criminal records check" has the	15794
same meaning as in section 109.572 of the Revised Code.	15795

~~Sec. 5104.011.~~ Sec. 5104.015. ~~(A)~~ The director of job and family	15796
services shall adopt rules ~~pursuant to~~in accordance with Chapter	15797
119. of the Revised Code governing the operation of child day-care	15798
centers, including~~, but not limited to,~~ parent cooperative	15799
centers, part-time centers, drop-in centers, and school-age child	15800
care centers~~, which~~. The rules shall reflect the various forms of	15801
child care and the needs of children receiving child care or	15802
publicly funded child care and shall include specific rules for	15803
school-age child care centers that are developed in consultation	15804
with the department of education. The rules shall not require an	15805
existing school facility that is in compliance with applicable	15806
building codes to undergo an additional building code inspection	15807
or to have structural modifications. The rules shall include the	15808
following:	15809

~~(1)~~(A) Submission of a site plan and descriptive plan of	15810
operation to demonstrate how the center proposes to meet the	15811
requirements of this chapter and rules adopted pursuant to this	15812
chapter for the initial license application;	15813

~~(2)~~(B) Standards for ensuring that the physical surroundings	15814
of the center are safe and sanitary including~~, but not limited to,~~	15815
the physical environment, the physical plant, and the equipment of	15816
the center;	15817

~~(3)~~(C) Standards for the supervision, care, and discipline of	15818
children receiving child care or publicly funded child care in the	15819
center;	15820

~~(4)~~(D) Standards for a program of activities, and for play	15821
equipment, materials, and supplies, to enhance the development of	15822
each child; however, any educational curricula, philosophies, and	15823
methodologies that are developmentally appropriate and that	15824
enhance the social, emotional, intellectual, and physical	15825
development of each child shall be permissible. As used in this	15826
division, "program" does not include instruction in religious or	15827
moral doctrines, beliefs, or values that is conducted at child	15828
day-care centers owned and operated by churches and does include	15829
methods of disciplining children at child day-care centers.	15830

~~(5)~~(E) Admissions policies and procedures, health care	15831
policies and procedures, including~~, but not limited to,~~ procedures	15832
for the isolation of children with communicable diseases, first	15833
aid and emergency procedures, procedures for discipline and	15834
supervision of children, standards for the provision of nutritious	15835
meals and snacks, and procedures for screening children and	15836
employees, that may include any necessary physical examinations	15837
and immunizations;	15838

~~(6)~~(F) Methods for encouraging parental participation in the	15839
center and methods for ensuring that the rights of children,	15840
parents, and employees are protected and that responsibilities of	15841
parents and employees are met;	15842

~~(7)~~(G) Procedures for ensuring the safety and adequate	15843
supervision of children traveling off the premises of the center	15844
while under the care of a center employee;	15845

~~(8)~~(H) Procedures for record keeping, organization, and	15846
administration;	15847

~~(9)~~(I) Procedures for issuing, denying, and revoking a	15848
license that are not otherwise provided for in Chapter 119. of the	15849
Revised Code;	15850

~~(10)~~(J) Inspection procedures;

15851

~~(11)~~(K) Procedures and standards for setting initial license	15852
application fees;	15853

~~(12)~~(L) Procedures for receiving, recording, and responding	15854
to complaints about centers;	15855

~~(13)~~(M) Procedures for enforcing section 5104.04 of the	15856
Revised Code;	15857

~~(14)~~(N) A standard requiring the inclusion~~, on and after July~~	15858
~~1, 1987,~~ of a current department of job and family services	15859
toll-free telephone number on each center provisional license or	15860
license which any person may use to report a suspected violation	15861
by the center of this chapter or rules adopted pursuant to this	15862
chapter;	15863

~~(15)~~(O) Requirements for the training of administrators and	15864
child-care staff members in first aid, in prevention, recognition,	15865
and management of communicable diseases, and in child abuse	15866
recognition and prevention. Training requirements for child	15867
day-care centers adopted under this division shall be consistent	15868
with ~~divisions (B)(6) and (C)(1) of this section~~sections 5104.034	15869
and 5104.037 of the Revised Code.	15870

~~(16)~~(P) Standards providing for the special needs of children	15871
who are handicapped or who require treatment for health conditions	15872
while the child is receiving child care or publicly funded child	15873
care in the center;	15874

~~(17)~~(Q) A procedure for reporting of injuries of children	15875
that occur at the center;	15876

~~(18)~~(R) Standards for licensing child day-care centers for	15877
children with short-term illnesses and other temporary medical	15878
conditions;	15879

(S) Any other procedures and standards necessary to carry out	15880
the provisions of this chapter regarding child day-care centers.	15881

~~(B)(1) The child day-care center shall have, for each child~~	15882
~~for whom the center is licensed, at least thirty-five square feet~~	15883
~~of usable indoor floor space wall-to-wall regularly available for~~	15884
~~the child care operation exclusive of any parts of the structure~~	15885
~~in which the care of children is prohibited by law or by rules~~	15886
~~adopted by the board of building standards. The minimum of~~	15887
~~thirty-five square feet of usable indoor floor space shall not~~	15888
~~include hallways, kitchens, storage areas, or any other areas that~~	15889
~~are not available for the care of children, as determined by the~~	15890
~~director, in meeting the space requirement of this division, and~~	15891
~~bathrooms shall be counted in determining square footage only if~~	15892
~~they are used exclusively by children enrolled in the center,~~	15893
~~except that the exclusion of hallways, kitchens, storage areas,~~	15894
~~bathrooms not used exclusively by children enrolled in the center,~~	15895
~~and any other areas not available for the care of children from~~	15896
~~the minimum of thirty-five square feet of usable indoor floor~~	15897
~~space shall not apply to:~~	15898

~~(a) Centers licensed prior to or on September 1, 1986, that~~	15899
~~continue under licensure after that date;~~	15900

~~(b) Centers licensed prior to or on September 1, 1986, that~~	15901
~~are issued a new license after that date solely due to a change of~~	15902
~~ownership of the center.~~	15903

~~(2) The child day-care center shall have on the site a safe~~	15904
~~outdoor play space which is enclosed by a fence or otherwise~~	15905
~~protected from traffic or other hazards. The play space shall~~	15906
~~contain not less than sixty square feet per child using such space~~	15907
~~at any one time, and shall provide an opportunity for supervised~~	15908
~~outdoor play each day in suitable weather. The director may exempt~~	15909
~~a center from the requirement of this division, if an outdoor play~~	15910
~~space is not available and if all of the following are met:~~	15911

~~(a) The center provides an indoor recreation area that has~~	15912
~~not less than sixty square feet per child using the space at any~~	15913
~~one time, that has a minimum of one thousand four hundred forty~~	15914
~~square feet of space, and that is separate from the indoor space~~	15915
~~required under division (B)(1) of this section.~~	15916

~~(b) The director has determined that there is regularly~~	15917
~~available and scheduled for use a conveniently accessible and safe~~	15918
~~park, playground, or similar outdoor play area for play or~~	15919
~~recreation.~~	15920

~~(c) The children are closely supervised during play and while~~	15921
~~traveling to and from the area.~~	15922

~~The director also shall exempt from the requirement of this~~	15923
~~division a child day-care center that was licensed prior to~~	15924
~~September 1, 1986, if the center received approval from the~~	15925
~~director prior to September 1, 1986, to use a park, playground, or~~	15926
~~similar area, not connected with the center, for play or~~	15927
~~recreation in lieu of the outdoor space requirements of this~~	15928
~~section and if the children are closely supervised both during~~	15929
~~play and while traveling to and from the area and except if the~~	15930
~~director determines upon investigation and inspection pursuant to~~	15931
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	15932
~~that section that the park, playground, or similar area, as well~~	15933
~~as access to and from the area, is unsafe for the children.~~	15934

~~(3) The child day-care center shall have at least two~~	15935
~~responsible adults available on the premises at all times when~~	15936
~~seven or more children are in the center. The center shall~~	15937
~~organize the children in the center in small groups, shall provide~~	15938
~~child-care staff to give continuity of care and supervision to the~~	15939
~~children on a day-by-day basis, and shall ensure that no child is~~	15940
~~left alone or unsupervised. Except as otherwise provided in~~	15941
~~division (E) of this section, the maximum number of children per~~	15942
~~child-care staff member and maximum group size, by age category of~~	15943
~~children, are as follows:~~	15944

	~~Maximum Number of~~		15945
	~~Children Per~~	~~Maximum~~	15946
~~Age Category~~	~~Child-Care~~	~~Group~~	15947
~~of Children~~	~~Staff Member~~	~~Size~~	15948
~~(a) Infants:~~			15949
~~(i) Less than twelve~~			15950
~~months old~~	~~5:1, or~~		15951
	~~12:2 if two~~		15952
	~~child-care~~		15953
	~~staff members~~		15954
	~~are in the room~~	12	15955
~~(ii) At least twelve~~			15956
~~months old, but~~			15957
~~less than eighteen~~			15958
~~months old~~	~~6:1~~	12	15959
~~(b) Toddlers:~~			15960
~~(i) At least eighteen~~			15961
~~months old, but~~			15962
~~less than thirty~~			15963
~~months old~~	~~7:1~~	14	15964
~~(ii) At least thirty months~~			15965
~~old, but less than~~			15966
~~three years old~~	~~8:1~~	16	15967
~~(c) Preschool~~			15968
~~children:~~			15969
~~(i) Three years old~~	~~12:1~~	24	15970
~~(ii) Four years old and~~			15971
~~five years old who~~			15972
~~are not school~~			15973
~~children~~	~~14:1~~	28	15974
~~(d) School children:~~			15975
~~(i) A child who is~~			15976
~~enrolled in or is~~			15977
~~eligible to be~~			15978
~~enrolled in a grade~~			15979
~~of kindergarten~~			15980
~~or above, but~~			15981
~~is less than~~			15982
~~eleven years old~~	~~18:1~~	36	15983
~~(ii) Eleven through fourteen~~			15984
~~years old~~	~~20:1~~	40	15985

~~Except as otherwise provided in division (E) of this section,~~	15986
~~the maximum number of children per child-care staff member and~~	15987
~~maximum group size requirements of the younger age group shall~~	15988
~~apply when age groups are combined.~~	15989

~~(C)(1) Each child day-care center shall have on the center~~	15990
~~premises and readily available at all times at least one~~	15991
~~child-care staff member who has completed a course in first aid,~~	15992
~~one staff member who has completed a course in prevention,~~	15993
~~recognition, and management of communicable diseases which is~~	15994
~~approved by the state department of health, and a staff member who~~	15995
~~has completed a course in child abuse recognition and prevention~~	15996
~~training which is approved by the department of job and family~~	15997
~~services.~~	15998

~~(2) The administrator of each child day-care center shall~~	15999
~~maintain enrollment, health, and attendance records for all~~	16000
~~children attending the center and health and employment records~~	16001
~~for all center employees. The records shall be confidential,~~	16002
~~except that they shall be disclosed by the administrator to the~~	16003
~~director upon request for the purpose of administering and~~	16004
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	16005
~~Neither the center nor the licensee, administrator, or employees~~	16006
~~of the center shall be civilly or criminally liable in damages or~~	16007
~~otherwise for records disclosed to the director by the~~	16008
~~administrator pursuant to this division. It shall be a defense to~~	16009
~~any civil or criminal charge based upon records disclosed by the~~	16010
~~administrator to the director that the records were disclosed~~	16011
~~pursuant to this division.~~	16012

~~(3)(a) Any parent who is the residential parent and legal~~	16013
~~custodian of a child enrolled in a child day-care center and any~~	16014
~~custodian or guardian of such a child shall be permitted unlimited~~	16015
~~access to the center during its hours of operation for the~~	16016
~~purposes of contacting their children, evaluating the care~~	16017
~~provided by the center, evaluating the premises of the center, or~~	16018
~~for other purposes approved by the director. A parent of a child~~	16019
~~enrolled in a child day-care center who is not the child's~~	16020
~~residential parent shall be permitted unlimited access to the~~	16021
~~center during its hours of operation for those purposes under the~~	16022
~~same terms and conditions under which the residential parent of~~	16023
~~that child is permitted access to the center for those purposes.~~	16024
~~However, the access of the parent who is not the residential~~	16025
~~parent is subject to any agreement between the parents and, to the~~	16026
~~extent described in division (C)(3)(b) of this section, is subject~~	16027
~~to any terms and conditions limiting the right of access of the~~	16028
~~parent who is not the residential parent, as described in division~~	16029
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	16030
~~a parenting time order or decree issued under that section,~~	16031
~~section 3109.12 of the Revised Code, or any other provision of the~~	16032
~~Revised Code.~~	16033

~~(b) If a parent who is the residential parent of a child has~~	16034
~~presented the administrator or the administrator's designee with a~~	16035
~~copy of a parenting time order that limits the terms and~~	16036
~~conditions under which the parent who is not the residential~~	16037
~~parent is to have access to the center, as described in division~~	16038
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	16039
~~the residential parent shall be provided access to the center only~~	16040
~~to the extent authorized in the order. If the residential parent~~	16041
~~has presented such an order, the parent who is not the residential~~	16042
~~parent shall be permitted access to the center only in accordance~~	16043
~~with the most recent order that has been presented to the~~	16044
~~administrator or the administrator's designee by the residential~~	16045
~~parent or the parent who is not the residential parent.~~	16046

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	16047
~~or (b) of this section, the parent who is the residential parent~~	16048
~~and legal custodian, the parent who is not the residential parent,~~	16049
~~or the custodian or guardian shall notify the administrator or the~~	16050
~~administrator's designee of the parent's, custodian's, or~~	16051
~~guardian's presence.~~	16052

~~(D) The director of job and family services, in addition to~~	16053
~~the rules adopted under division (A) of this section, shall adopt~~	16054
~~rules establishing minimum requirements for child day-care~~	16055
~~centers. The rules shall include, but not be limited to, the~~	16056
~~requirements set forth in divisions (B) and (C) of this section~~	16057
~~and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.~~	16058
~~Except as provided in section 5104.07 of the Revised Code, the~~	16059
~~rules shall not change the square footage requirements of division~~	16060
~~(B)(1) or (2) of this section; the maximum number of children per~~	16061
~~child-care staff member and maximum group size requirements of~~	16062
~~division (B)(3) of this section; the educational and experience~~	16063
~~requirements of section 5104.031 of the Revised Code; the age,~~	16064
~~educational, and experience requirements of section 5104.032 of~~	16065
~~the Revised Code; the number and type of inservice training hours~~	16066
~~required under section 5104.033 of the Revised Code; however, the~~	16067
~~rules shall provide procedures for determining compliance with~~	16068
~~those requirements.~~	16069

~~(E)(1) When age groups are combined, the maximum number of~~	16070
~~children per child-care staff member shall be determined by the~~	16071
~~age of the youngest child in the group, except that when no more~~	16072
~~than one child thirty months of age or older receives services in~~	16073
~~a group in which all the other children are in the next older age~~	16074
~~group, the maximum number of children per child-care staff member~~	16075
~~and maximum group size requirements of the older age group~~	16076
~~established under division (B)(3) of this section shall apply.~~	16077

~~(2) The maximum number of toddlers or preschool children per~~	16078
~~child-care staff member in a room where children are napping shall~~	16079
~~be twice the maximum number of children per child-care staff~~	16080
~~member established under division (B)(3) of this section if all~~	16081
~~the following criteria are met:~~	16082

~~(a) At least one child-care staff member is present in the~~	16083
~~room.~~	16084

~~(b) Sufficient child-care staff members are on the child~~	16085
~~day-care center premises to meet the maximum number of children~~	16086
~~per child-care staff member requirements established under~~	16087
~~division (B)(3) of this section.~~	16088

~~(c) Naptime preparations are complete and all napping~~	16089
~~children are resting or sleeping on cots.~~	16090

~~(d) The maximum number established under division (E)(2) of~~	16091
~~this section is in effect for no more than two hours during a~~	16092
~~twenty-four-hour day.~~	16093

~~(F) The director of job and family services shall adopt rules~~	16094
~~pursuant to Chapter 119. of the Revised Code governing the~~	16095
~~operation of type A family day-care homes, including, but not~~	16096
~~limited to, parent cooperative type A homes, part-time type A~~	16097
~~homes, drop-in type A homes, and school child type A homes, which~~	16098
~~shall reflect the various forms of child care and the needs of~~	16099
~~children receiving child care. The rules shall include the~~	16100
~~following:~~	16101

~~(1) Submission of a site plan and descriptive plan of~~	16102
~~operation to demonstrate how the type A home proposes to meet the~~	16103
~~requirements of this chapter and rules adopted pursuant to this~~	16104
~~chapter for the initial license application;~~	16105

~~(2) Standards for ensuring that the physical surroundings of~~	16106
~~the type A home are safe and sanitary, including, but not limited~~	16107
~~to, the physical environment, the physical plant, and the~~	16108
~~equipment of the type A home;~~	16109

~~(3) Standards for the supervision, care, and discipline of~~	16110
~~children receiving child care or publicly funded child care in the~~	16111
~~type A home;~~	16112

~~(4) Standards for a program of activities, and for play~~	16113
~~equipment, materials, and supplies, to enhance the development of~~	16114
~~each child; however, any educational curricula, philosophies, and~~	16115
~~methodologies that are developmentally appropriate and that~~	16116
~~enhance the social, emotional, intellectual, and physical~~	16117
~~development of each child shall be permissible;~~	16118

~~(5) Admissions policies and procedures, health care policies~~	16119
~~and procedures, including, but not limited to, procedures for the~~	16120
~~isolation of children with communicable diseases, first aid and~~	16121
~~emergency procedures, procedures for discipline and supervision of~~	16122
~~children, standards for the provision of nutritious meals and~~	16123
~~snacks, and procedures for screening children and employees,~~	16124
~~including, but not limited to, any necessary physical examinations~~	16125
~~and immunizations;~~	16126

~~(6) Methods for encouraging parental participation in the~~	16127
~~type A home and methods for ensuring that the rights of children,~~	16128
~~parents, and employees are protected and that the responsibilities~~	16129
~~of parents and employees are met;~~	16130

~~(7) Procedures for ensuring the safety and adequate~~	16131
~~supervision of children traveling off the premises of the type A~~	16132
~~home while under the care of a type A home employee;~~	16133

~~(8) Procedures for record keeping, organization, and~~	16134
~~administration;~~	16135

~~(9) Procedures for issuing, denying, and revoking a license~~	16136
~~that are not otherwise provided for in Chapter 119. of the Revised~~	16137
~~Code;~~	16138

~~(10) Inspection procedures;~~

16139

~~(11) Procedures and standards for setting initial license~~	16140
~~application fees;~~	16141

~~(12) Procedures for receiving, recording, and responding to~~	16142
~~complaints about type A homes;~~	16143

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	16144
~~Code;~~	16145

~~(14) A standard requiring the inclusion, on or after July 1,~~	16146
~~1987, of a current department of job and family services toll-free~~	16147
~~telephone number on each type A home provisional license or~~	16148
~~license which any person may use to report a suspected violation~~	16149
~~by the type A home of this chapter or rules adopted pursuant to~~	16150
~~this chapter;~~	16151

~~(15) Requirements for the training of administrators and~~	16152
~~child-care staff members in first aid, in prevention, recognition,~~	16153
~~and management of communicable diseases, and in child abuse~~	16154
~~recognition and prevention;~~	16155

~~(16) Standards providing for the special needs of children~~	16156
~~who are handicapped or who require treatment for health conditions~~	16157
~~while the child is receiving child care or publicly funded child~~	16158
~~care in the type A home;~~	16159

~~(17) Standards for the maximum number of children per~~	16160
~~child-care staff member;~~	16161

~~(18) Requirements for the amount of usable indoor floor space~~	16162
~~for each child;~~	16163

~~(19) Requirements for safe outdoor play space;~~

16164

~~(20) Qualifications and training requirements for~~	16165
~~administrators and for child-care staff members;~~	16166

~~(21) Procedures for granting a parent who is the residential~~	16167
~~parent and legal custodian, or a custodian or guardian access to~~	16168
~~the type A home during its hours of operation;~~	16169

~~(22) Standards for the preparation and distribution of a~~	16170
~~roster of parents, custodians, and guardians;~~	16171

~~(23) Any other procedures and standards necessary to carry~~	16172
~~out this chapter.~~	16173

~~(G) The director of job and family services shall adopt rules~~	16174
~~pursuant to Chapter 119. of the Revised Code governing the~~	16175
~~certification of type B family day-care homes.~~	16176

~~(1) The rules shall include all of the following:~~

16177

~~(a) Procedures, standards, and other necessary provisions for~~	16178
~~granting limited certification to type B family day-care homes~~	16179
~~that are operated by the following adult providers:~~	16180

~~(i) Persons who provide child care for eligible children who~~	16181
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	16182
~~siblings of the provider or for eligible children whose caretaker~~	16183
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16184
~~provider;~~	16185

~~(ii) Persons who provide child care for eligible children all~~	16186
~~of whom are the children of the same caretaker parent;~~	16187

~~(b) Procedures for the director to ensure, that type B homes~~	16188
~~that receive a limited certification provide child care to~~	16189
~~children in a safe and sanitary manner;~~	16190

~~(c) Requirements for the type B home to notify parents with~~	16191
~~children in the type B home that the type B home is also certified~~	16192
~~as a foster home under section 5103.03 of the Revised Code.~~	16193

~~With regard to providers who apply for limited certification,~~	16194
~~a provider shall be granted a provisional limited certification on~~	16195
~~signing a declaration under oath attesting that the provider meets~~	16196
~~the standards for limited certification. Such provisional limited~~	16197
~~certifications shall remain in effect for no more than sixty~~	16198
~~calendar days and shall entitle the provider to offer publicly~~	16199
~~funded child care during the provisional period. Except as~~	16200
~~otherwise provided in division (G)(1) of this section, section~~	16201
~~5104.013 or 5104.09 of the Revised Code, or division (A)(2) of~~	16202
~~section 5104.11 of the Revised Code, prior to the expiration of~~	16203
~~the provisional limited certificate, a county department of job~~	16204
~~and family services shall inspect the home and shall grant limited~~	16205
~~certification to the provider if the provider meets the~~	16206
~~requirements of this division. Limited certificates remain valid~~	16207
~~for two years unless earlier revoked. Except as otherwise provided~~	16208
~~in division (G)(1) of this section, providers operating under~~	16209
~~limited certification shall be inspected annually.~~	16210

~~If a provider is a person described in division (G)(1)(a)(i)~~	16211
~~of this section or a person described in division (G)(1)(a)(ii) of~~	16212
~~this section who is a friend of the caretaker parent, the provider~~	16213
~~and the caretaker parent may verify in writing to the county~~	16214
~~department of job and family services that minimum health and~~	16215
~~safety requirements are being met in the home. Except as otherwise~~	16216
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	16217
~~section 5104.11 of the Revised Code, if such verification is~~	16218
~~provided, the county shall waive any inspection required by this~~	16219
~~chapter and grant limited certification to the provider.~~	16220

~~(2) The rules shall provide for safeguarding the health,~~	16221
~~safety, and welfare of children receiving child care or publicly~~	16222
~~funded child care in a certified type B home and shall include the~~	16223
~~following:~~	16224

~~(a) Standards for ensuring that the type B home and the~~	16225
~~physical surroundings of the type B home are safe and sanitary,~~	16226
~~including, but not limited to, physical environment, physical~~	16227
~~plant, and equipment;~~	16228

~~(b) Standards for the supervision, care, and discipline of~~	16229
~~children receiving child care or publicly funded child care in the~~	16230
~~home;~~	16231

~~(c) Standards for a program of activities, and for play~~	16232
~~equipment, materials, and supplies to enhance the development of~~	16233
~~each child; however, any educational curricula, philosophies, and~~	16234
~~methodologies that are developmentally appropriate and that~~	16235
~~enhance the social, emotional, intellectual, and physical~~	16236
~~development of each child shall be permissible;~~	16237

~~(d) Admission policies and procedures, health care, first aid~~	16238
~~and emergency procedures, procedures for the care of sick~~	16239
~~children, procedures for discipline and supervision of children,~~	16240
~~nutritional standards, and procedures for screening children and~~	16241
~~authorized providers, including, but not limited to, any necessary~~	16242
~~physical examinations and immunizations;~~	16243

~~(e) Methods of encouraging parental participation and~~	16244
~~ensuring that the rights of children, parents, and authorized~~	16245
~~providers are protected and the responsibilities of parents and~~	16246
~~authorized providers are met;~~	16247

~~(f) Standards for the safe transport of children when under~~	16248
~~the care of authorized providers;~~	16249

~~(g) Procedures for issuing, renewing, denying, refusing to~~	16250
~~renew, or revoking certificates;~~	16251

~~(h) Procedures for the inspection of type B homes that~~	16252
~~require, at a minimum, that each type B home be inspected prior to~~	16253
~~certification to ensure that the home is safe and sanitary;~~	16254

~~(i) Procedures for record keeping and evaluation;~~

16255

~~(j) Procedures for receiving, recording, and responding to~~	16256
~~complaints;~~	16257

~~(k) Standards providing for the special needs of children who~~	16258
~~are handicapped or who receive treatment for health conditions~~	16259
~~while the child is receiving child care or publicly funded child~~	16260
~~care in the type B home;~~	16261

~~(l) Requirements for the amount of usable indoor floor space~~	16262
~~for each child;~~	16263

~~(m) Requirements for safe outdoor play space;~~

16264

~~(n) Qualification and training requirements for authorized~~	16265
~~providers;~~	16266

~~(o) Procedures for granting a parent who is the residential~~	16267
~~parent and legal custodian, or a custodian or guardian access to~~	16268
~~the type B home during its hours of operation;~~	16269

~~(p) Requirements for the type B home to notify parents with~~	16270
~~children in the type B home that the type B home is also certified~~	16271
~~as a foster home under section 5103.03 of the Revised Code;~~	16272

~~(q) Any other procedures and standards necessary to carry out~~	16273
~~this chapter.~~	16274

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	16275
~~of the Revised Code governing the certification of in-home aides.~~	16276
~~The rules shall include procedures, standards, and other necessary~~	16277
~~provisions for granting limited certification to in-home aides who~~	16278
~~provide child care for eligible children who are~~	16279
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	16280
~~of the in-home aide or for eligible children whose caretaker~~	16281
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16282
~~in-home aide. The rules shall require, and shall include~~	16283
~~procedures for the director to ensure, that in-home aides that~~	16284
~~receive a limited certification provide child care to children in~~	16285
~~a safe and sanitary manner. The rules shall provide for~~	16286
~~safeguarding the health, safety, and welfare of children receiving~~	16287
~~publicly funded child care in their own home and shall include the~~	16288
~~following:~~	16289

~~(1) Standards for ensuring that the child's home and the~~	16290
~~physical surroundings of the child's home are safe and sanitary,~~	16291
~~including, but not limited to, physical environment, physical~~	16292
~~plant, and equipment;~~	16293

~~(2) Standards for the supervision, care, and discipline of~~	16294
~~children receiving publicly funded child care in their own home;~~	16295

~~(3) Standards for a program of activities, and for play~~	16296
~~equipment, materials, and supplies to enhance the development of~~	16297
~~each child; however, any educational curricula, philosophies, and~~	16298
~~methodologies that are developmentally appropriate and that~~	16299
~~enhance the social, emotional, intellectual, and physical~~	16300
~~development of each child shall be permissible;~~	16301

~~(4) Health care, first aid, and emergency procedures,~~	16302
~~procedures for the care of sick children, procedures for~~	16303
~~discipline and supervision of children, nutritional standards, and~~	16304
~~procedures for screening children and in-home aides, including,~~	16305
~~but not limited to, any necessary physical examinations and~~	16306
~~immunizations;~~	16307

~~(5) Methods of encouraging parental participation and~~	16308
~~ensuring that the rights of children, parents, and in-home aides~~	16309
~~are protected and the responsibilities of parents and in-home~~	16310
~~aides are met;~~	16311

~~(6) Standards for the safe transport of children when under~~	16312
~~the care of in-home aides;~~	16313

~~(7) Procedures for issuing, renewing, denying, refusing to~~	16314
~~renew, or revoking certificates;~~	16315

~~(8) Procedures for inspection of homes of children receiving~~	16316
~~publicly funded child care in their own homes;~~	16317

~~(9) Procedures for record keeping and evaluation;~~

16318

~~(10) Procedures for receiving, recording, and responding to~~	16319
~~complaints;~~	16320

~~(11) Qualifications and training requirements for in-home~~	16321
~~aides;~~	16322

~~(12) Standards providing for the special needs of children~~	16323
~~who are handicapped or who receive treatment for health conditions~~	16324
~~while the child is receiving publicly funded child care in the~~	16325
~~child's own home;~~	16326

~~(13) Any other procedures and standards necessary to carry~~	16327
~~out this chapter.~~	16328

~~(I) To the extent that any rules adopted for the purposes of~~	16329
~~this section require a health care professional to perform a~~	16330
~~physical examination, the rules shall include as a health care~~	16331
~~professional a physician assistant, a clinical nurse specialist, a~~	16332
~~certified nurse practitioner, or a certified nurse-midwife.~~	16333

~~(J)(1) The director of job and family services shall do all~~	16334
~~of the following:~~	16335

~~(a) Provide or make available in either paper or electronic~~	16336
~~form to each licensee notice of proposed rules governing the~~	16337
~~licensure of child day-care centers and type A homes;~~	16338

~~(b) Give public notice of hearings regarding the rules to~~	16339
~~each licensee at least thirty days prior to the date of the public~~	16340
~~hearing, in accordance with section 119.03 of the Revised Code;~~	16341

~~(c) At least thirty days before the effective date of a rule,~~	16342
~~provide, in either paper or electronic form, a copy of the adopted~~	16343
~~rule to each licensee.~~	16344

~~(2) The director shall do all of the following:~~

16345

~~(a) Send to each county director of job and family services a~~	16346
~~notice of proposed rules governing the certification of type B~~	16347
~~family homes and in-home aides that includes an internet web site~~	16348
~~address where the proposed rules can be viewed;~~	16349

~~(b) Give public notice of hearings regarding the proposed~~	16350
~~rules not less than thirty days in advance;~~	16351

~~(c) Provide to each county director of job and family~~	16352
~~services an electronic copy of each adopted rule at least~~	16353
~~forty-five days prior to the rule's effective date.~~	16354

~~(3) The county director of job and family services shall~~	16355
~~provide or make available in either paper or electronic form to~~	16356
~~each authorized provider and in-home aide copies of proposed rules~~	16357
~~and shall give public notice of hearings regarding the rules to~~	16358
~~each authorized provider and in-home aide at least thirty days~~	16359
~~prior to the date of the public hearing, in accordance with~~	16360
~~section 119.03 of the Revised Code. At least thirty days before~~	16361
~~the effective date of a rule, the county director of job and~~	16362
~~family services shall provide, in either paper or electronic form,~~	16363
~~copies of the adopted rule to each authorized provider and in-home~~	16364
~~aide.~~	16365

~~(4) Additional copies of proposed and adopted rules shall be~~	16366
~~made available by the director of job and family services to the~~	16367
~~public on request at no charge.~~	16368

~~(5) The director of job and family services may adopt rules~~	16369
~~pursuant to Chapter 119. of the Revised Code for imposing~~	16370
~~sanctions on persons and entities that are licensed or certified~~	16371
~~under this chapter. Sanctions may be imposed only for an action or~~	16372
~~omission that constitutes a serious risk noncompliance. The~~	16373
~~sanctions imposed shall be based on the scope and severity of the~~	16374
~~violations.~~	16375

~~The director shall make a dispute resolution process~~	16376
~~available for the implementation of sanctions. The process may~~	16377
~~include an opportunity for appeal pursuant to Chapter 119. of the~~	16378
~~Revised Code.~~	16379

~~(6) The director of job and family services shall adopt rules~~	16380
~~pursuant to Chapter 119. of the Revised Code that establish~~	16381
~~standards for the training of individuals whom any county~~	16382
~~department of job and family services employs, with whom any~~	16383
~~county department of job and family services contracts, or with~~	16384
~~whom the director of job and family services contracts, to inspect~~	16385
~~or investigate type B family day-care homes pursuant to section~~	16386
~~5104.11 of the Revised Code. The department shall provide training~~	16387
~~in accordance with those standards for individuals in the~~	16388
~~categories described in this division.~~	16389

~~(K) The director of job and family services shall review all~~	16390
~~rules adopted pursuant to this chapter at least once every seven~~	16391
~~years.~~	16392

~~(L) Notwithstanding any provision of the Revised Code, the~~	16393
~~director of job and family services shall not regulate in any way~~	16394
~~under this chapter or rules adopted pursuant to this chapter,~~	16395
~~instruction in religious or moral doctrines, beliefs, or values.~~	16396

Sec. 5104.016. The director of job and family services, in	16397
addition to the rules adopted under section 5104.015 of the	16398
Revised Code, shall adopt rules establishing minimum requirements	16399
for child day-care centers. The rules shall include the	16400
requirements set forth in sections 5104.032 to 5104.037 of the	16401
Revised Code. Except as provided in section 5104.07 of the Revised	16402
Code, the rules shall not change the square footage requirements	16403
of section 5104.032 of the Revised Code; the maximum number of	16404
children per child-care staff member and maximum group size	16405
requirements of section 5104.033 of the Revised Code; the	16406
educational and experience requirements of section 5104.035 of the	16407
Revised Code; the age, educational, and experience requirements of	16408
section 5104.036 of the Revised Code; the number and type of	16409
inservice training hours required under section 5104.037 of the	16410
Revised Code; however, the rules shall provide procedures for	16411
determining compliance with those requirements.	16412

Sec. 5104.017. The director of job and family services shall	16413
adopt rules pursuant to Chapter 119. of the Revised Code governing	16414
the operation of type A family day-care homes, including parent	16415
cooperative type A homes, part-time type A homes, drop-in type A	16416
homes, and school-age child type A homes. The rules shall reflect	16417
the various forms of child care and the needs of children	16418
receiving child care. The rules shall include the following:	16419

(A) Submission of a site plan and descriptive plan of	16420
operation to demonstrate how the type A home proposes to meet the	16421
requirements of this chapter and rules adopted pursuant to this	16422
chapter for the initial license application;	16423

(B) Standards for ensuring that the physical surroundings of	16424
the type A home are safe and sanitary, including the physical	16425
environment, the physical plant, and the equipment of the type A	16426
home;	16427

(C) Standards for the supervision, care, and discipline of	16428
children receiving child care or publicly funded child care in the	16429
type A home;	16430

(D) Standards for a program of activities, and for play	16431
equipment, materials, and supplies, to enhance the development of	16432
each child; however, any educational curricula, philosophies, and	16433
methodologies that are developmentally appropriate and that	16434
enhance the social, emotional, intellectual, and physical	16435
development of each child shall be permissible;	16436

(E) Admissions policies and procedures, health care policies	16437
and procedures, including procedures for the isolation of children	16438
with communicable diseases, first aid and emergency procedures,	16439
procedures for discipline and supervision of children, standards	16440
for the provision of nutritious meals and snacks, and procedures	16441
for screening children and employees, including any necessary	16442
physical examinations and immunizations;	16443

(F) Methods for encouraging parental participation in the	16444
type A home and methods for ensuring that the rights of children,	16445
parents, and employees are protected and that the responsibilities	16446
of parents and employees are met;	16447

(G) Procedures for ensuring the safety and adequate	16448
supervision of children traveling off the premises of the type A	16449
home while under the care of a type A home employee;	16450

(H) Procedures for record keeping, organization, and	16451
administration;	16452

(I) Procedures for issuing, denying, and revoking a license	16453
that are not otherwise provided for in Chapter 119. of the Revised	16454
Code;	16455

(J) Inspection procedures;

16456

(K) Procedures and standards for setting initial license	16457
application fees;	16458

(L) Procedures for receiving, recording, and responding to	16459
complaints about type A homes;	16460

(M) Procedures for enforcing section 5104.04 of the Revised	16461
Code;	16462

(N) A standard requiring the inclusion of a current	16463
department of job and family services toll-free telephone number	16464
on each type A home license that any person may use to report a	16465
suspected violation by the type A home of this chapter or rules	16466
adopted pursuant to this chapter;	16467

(O) Requirements for the training of administrators and	16468
child-care staff members in first aid, in prevention, recognition,	16469
and management of communicable diseases, and in child abuse	16470
recognition and prevention;	16471

(P) Standards providing for the special needs of children who	16472
are handicapped or who require treatment for health conditions	16473
while the child is receiving child care or publicly funded child	16474
care in the type A home;	16475

(Q) Standards for the maximum number of children per	16476
child-care staff member;	16477

(R) Requirements for the amount of usable indoor floor space	16478
for each child;	16479

(S) Requirements for safe outdoor play space;

16480

(T) Qualifications and training requirements for	16481
administrators and for child-care staff members;	16482

(U) Procedures for granting a parent who is the residential	16483
parent and legal custodian, or a custodian or guardian access to	16484
the type A home during its hours of operation;	16485

(V) Standards for the preparation and distribution of a	16486
roster of parents, custodians, and guardians;	16487

(W) Any other procedures and standards necessary to carry out	16488
the provisions of this chapter regarding type A homes.	16489

Sec. 5104.018. The director of job and family services shall	16490
adopt rules in accordance with Chapter 119. of the Revised Code	16491
governing the licensure of type B family day-care homes. The rules	16492
shall provide for safeguarding the health, safety, and welfare of	16493
children receiving child care or publicly funded child care in a	16494
licensed type B family day-care home and shall include all of the	16495
following:	16496

(A) Requirements for the type B home to notify parents with	16497
children in the type B home that the type B home is certified as a	16498
foster home under section 5103.03 of the Revised Code.	16499

(B) Standards for ensuring that the type B home and the	16500
physical surroundings of the type B home are safe and sanitary,	16501
including physical environment, physical plant, and equipment;	16502

(C) Standards for the supervision, care, and discipline of	16503
children receiving child care or publicly funded child care in the	16504
home;	16505

(D) Standards for a program of activities, and for play	16506
equipment, materials, and supplies to enhance the development of	16507
each child; however, any educational curricula, philosophies, and	16508
methodologies that are developmentally appropriate and that	16509
enhance the social, emotional, intellectual, and physical	16510
development of each child shall be permissible;	16511

(E) Admission policies and procedures, health care, first aid	16512
and emergency procedures, procedures for the care of sick	16513
children, procedures for discipline and supervision of children,	16514
nutritional standards, and procedures for screening children and	16515
administrators, including any necessary physical examinations and	16516
immunizations;	16517

(F) Methods of encouraging parental participation and	16518
ensuring that the rights of children, parents, and administrators	16519
are protected and the responsibilities of parents and	16520
administrators are met;	16521

(G) Standards for the safe transport of children when under	16522
the care of administrators;	16523

(H) Procedures for issuing, denying, or revoking licenses;

16524

(I) Procedures for the inspection of type B homes that	16525
require, at a minimum, that each type B home be inspected prior to	16526
licensure to ensure that the home is safe and sanitary;	16527

(J) Procedures for record keeping and evaluation;

16528

(K) Procedures for receiving, recording, and responding to	16529
complaints;	16530

(L) Standards providing for the special needs of children who	16531
are handicapped or who receive treatment for health conditions	16532
while the child is receiving child care or publicly funded child	16533
care in the type B home;	16534

(M) Requirements for the amount of usable indoor floor space	16535
for each child;	16536

(N) Requirements for safe outdoor play space;

16537

(O) Qualification and training requirements for	16538
administrators;	16539

(P) Procedures for granting a parent who is the residential	16540
parent and legal custodian, or a custodian or guardian access to	16541
the type B home during its hours of operation;	16542

(Q) Requirements for the type B home to notify parents with	16543
children in the type B home that the type B home is certified as a	16544
foster home under section 5103.03 of the Revised Code;	16545

(R) Any other procedures and standards necessary to carry out	16546
the provisions of this chapter regarding licensure of type B	16547
homes.	16548

Sec. 5104.019. The director of job and family services shall	16549
adopt rules in accordance with Chapter 119. of the Revised Code	16550
governing the certification of in-home aides. The rules shall	16551
provide for safeguarding the health, safety, and welfare of	16552
children receiving publicly funded child care in their own home	16553
and shall include the following:	16554

(A) Standards for ensuring that the child's home and the	16555
physical surroundings of the child's home are safe and sanitary,	16556
including physical environment, physical plant, and equipment;	16557

(B) Standards for the supervision, care, and discipline of	16558
children receiving publicly funded child care in their own home;	16559

(C) Standards for a program of activities, and for play	16560
equipment, materials, and supplies to enhance the development of	16561
each child; however, any educational curricula, philosophies, and	16562
methodologies that are developmentally appropriate and that	16563
enhance the social, emotional, intellectual, and physical	16564
development of each child shall be permissible;	16565

(D) Health care, first aid, and emergency procedures,	16566
procedures for the care of sick children, procedures for	16567
discipline and supervision of children, nutritional standards, and	16568
procedures for screening children and in-home aides, including any	16569
necessary physical examinations and immunizations;	16570

(E) Methods of encouraging parental participation and	16571
ensuring that the rights of children, parents, and in-home aides	16572
are protected and the responsibilities of parents and in-home	16573
aides are met;	16574

(F) Standards for the safe transport of children when under	16575
the care of in-home aides;	16576

(G) Procedures for issuing, renewing, denying, refusing to	16577
renew, or revoking certificates;	16578

(H) Procedures for inspection of homes of children receiving	16579
publicly funded child care in their own homes;	16580

(I) Procedures for record keeping and evaluation;

16581

(J) Procedures for receiving, recording, and responding to	16582
complaints;	16583

(K) Qualifications and training requirements for in-home	16584
aides;	16585

(L) Standards providing for the special needs of children who	16586
are handicapped or who receive treatment for health conditions	16587
while the child is receiving publicly funded child care in the	16588
child's own home;	16589

(M) Any other procedures and standards necessary to carry out	16590
the provisions of this chapter regarding certification of in-home	16591
aides.	16592

Sec. 5104.0110. To the extent that any rules adopted for the	16593
purposes of this chapter require a health care professional to	16594
perform a physical examination, the rules shall include as a	16595
health care professional a physician assistant, a clinical nurse	16596
specialist, a certified nurse practitioner, or a certified	16597
nurse-midwife.	16598

Sec. 5104.0111. (A) The director of job and family services	16599
shall do all of the following:	16600

(1) Provide or make available in either paper or electronic	16601
form to each licensee notice of proposed rules governing the	16602
licensure of child day-care centers, type A homes, and type B	16603
homes;	16604

(2) Give public notice of hearings regarding the proposed	16605
rules at least thirty days prior to the date of the public	16606
hearing, in accordance with section 119.03 of the Revised Code;	16607

(3) At least thirty days before the effective date of a rule,	16608
provide, in either paper or electronic form, a copy of the adopted	16609
rule to each licensee;	16610

(4) Send to each county director of job and family services a	16611
notice of proposed rules governing the certification of in-home	16612
aides that includes an internet web site address where the	16613
proposed rules can be viewed;	16614

(5) Provide to each county director of job and family	16615
services an electronic copy of each adopted rule at least	16616
forty-five days prior to the rule's effective date;	16617

(6) Review all rules adopted pursuant to this chapter at	16618
least once every seven years.	16619

(B) The county director of job and family services shall	16620
provide or make available in either paper or electronic form to	16621
each in-home aide copies of proposed rules and shall give public	16622
notice of hearings regarding the rules to each in-home aide at	16623
least thirty days prior to the date of the public hearing, in	16624
accordance with section 119.03 of the Revised Code. At least	16625
thirty days before the effective date of a rule, the county	16626
director of job and family services shall provide, in either paper	16627
or electronic form, copies of the adopted rule to each in-home	16628
aide.	16629

(C) Additional copies of proposed and adopted rules shall be	16630
made available by the director of job and family services to the	16631
public on request at no charge.	16632

(D) The director of job and family services may adopt rules	16633
in accordance with Chapter 119. of the Revised Code for imposing	16634
sanctions on persons and entities that are licensed or certified	16635
under this chapter. Sanctions may be imposed only for an action or	16636
omission that constitutes a serious risk noncompliance. The	16637
sanctions imposed shall be based on the scope and severity of the	16638
violations.	16639

The director shall make a dispute resolution process	16640
available for the implementation of sanctions. The process may	16641
include an opportunity for appeal pursuant to Chapter 119. of the	16642
Revised Code.	16643

(E) The director of job and family services shall adopt rules	16644
in accordance with Chapter 119. of the Revised Code that establish	16645
standards for the training of individuals who inspect or	16646
investigate type B family day-care homes pursuant to section	16647
5104.03 of the Revised Code. The department shall provide training	16648
in accordance with those standards for individuals in the	16649
categories described in this division.	16650

Sec. 5104.0112. Notwithstanding any provision of the Revised	16651
Code, the director of job and family services shall not regulate	16652
in any way under this chapter or rules adopted pursuant to this	16653
chapter, instruction in religious or moral doctrines, beliefs, or	16654
values.	16655

Sec. 5104.022. ~~The department~~In no case shall the director	16656
of job and family services ~~shall not~~issue a license to operate a	16657
~~prospective~~ type A family day-care home if ~~that prospective~~	16658
~~family day-care~~the type A home is certified ~~to be~~as a foster	16659
home or specialized foster home pursuant to Chapter 5103. of the	16660
Revised Code. ~~A county department of job and family services~~In no	16661
case shall ~~not certify~~the director issue a license to operate a	16662
~~prospective~~ type B family day-care home if ~~that prospective family~~	16663
~~day-care~~the type B home is certified ~~to be~~as a specialized	16664
foster home pursuant to Chapter 5103. of the Revised Code.	16665

Sec. 5104.03. (A) Any person, firm, organization,	16666
institution, or agency ~~desiring~~seeking to establish a child	16667
day-care center or, type A family day-care home, or licensed type	16668
B family day-care home shall apply for a license to the director	16669
of job and family services on such form as the director	16670
prescribes. The director shall provide at no charge to each	16671
applicant for licensure a copy of the child care license	16672
requirements in this chapter and a copy of the rules adopted	16673
pursuant to this chapter. The copies may be provided in paper or	16674
electronic form.	16675

Fees shall be set by the director pursuant to ~~section~~	16676
~~5104.011~~sections 5104.015, 5104.017, and 5104.018 of the Revised	16677
Code and shall be paid at the time of application for a license to	16678
operate a center or, type A home, or type B home. Fees collected	16679
under this section shall be paid into the state treasury to the	16680
credit of the general revenue fund.	16681

(B)(1) Upon filing of the application for a license, the	16682
director shall investigate and inspect the center or, type A home,	16683
or type B home to determine the license capacity for each age	16684
category of children of the center or, type A home, or type B home	16685
and to determine whether the center or, type A home, or type B	16686
home complies with this chapter and rules adopted pursuant to this	16687
chapter. When, after investigation and inspection, the director is	16688
satisfied that this chapter and rules adopted pursuant to it are	16689
complied with, subject to division ~~(G)~~(H) of this section, a	16690
~~provisional~~ license shall be issued as soon as practicable in such	16691
form and manner as prescribed by the director. The license shall	16692
be designated as provisional ~~license~~and shall be valid for	16693
twelve months from the date of issuance unless revoked.	16694

(2) The director may contract with a government entity or a	16695
private nonprofit entity for the entity to inspect and license	16696
type B family day-care homes pursuant to this section. The	16697
department, government entity, or nonprofit entity shall conduct	16698
the inspection prior to the issuance of a license for the type B	16699
home and, as part of that inspection, ensure that the type B home	16700
is safe and sanitary.	16701

(C)(1) On receipt of an application for licensure as a type B	16702
family day-care home to provide publicly funded child care, the	16703
department shall search the uniform statewide automated child	16704
welfare information system for information concerning any abuse or	16705
neglect report made pursuant to section 2151.421 of the Revised	16706
Code of which the applicant, any other adult residing in the	16707
applicant's home, or a person designated by the applicant to be an	16708
emergency or substitute caregiver for the applicant is the	16709
subject.	16710

(2) The department shall consider any information it	16711
discovers pursuant to division (C)(1) of this section or that is	16712
provided by a public children services agency pursuant to section	16713
5153.175 of the Revised Code. If the department determines that	16714
the information, when viewed within the totality of the	16715
circumstances, reasonably leads to the conclusion that the	16716
applicant may directly or indirectly endanger the health, safety,	16717
or welfare of children, the department shall deny the application	16718
for licensure or revoke the license of a type B family day-care	16719
home.	16720

(D) The director shall investigate and inspect the center or,	16721
type A home, or type B home at least once during operation under	16722
~~the~~a license designated as provisional ~~license~~. If after the	16723
investigation and inspection the director determines that the	16724
requirements of this chapter and rules adopted pursuant to this	16725
chapter are met, subject to division ~~(G)~~(H) of this section, the	16726
director shall issue a new license to the center or home.	16727

~~(D) The~~(E) Each license ~~or provisional license~~ shall state	16728
the name of the licensee, the name of the administrator, the	16729
address of the center or, type A home, or licensed type B home,	16730
and the license capacity for each age category of children. The	16731
license ~~or provisional license~~ shall include thereon, in	16732
accordance with ~~section 5104.011~~sections 5104.015, 5104.017, and	16733
5104.018 of the Revised Code, the toll-free telephone number to be	16734
used by persons suspecting that the center or, type A home, or	16735
licensed type B home has violated a provision of this chapter or	16736
rules adopted pursuant to this chapter. A license ~~or provisional~~	16737
~~license~~ is valid only for the licensee, administrator, address,	16738
and license capacity for each age category of children designated	16739
on the license. The license capacity specified on the license or	16740
~~provisional license~~ is the maximum number of children in each age	16741
category that may be cared for in the center or, type A home, or	16742
licensed type B home at one time.	16743

The center or type A home licensee shall notify the director	16744
when the administrator of the center or home changes. The director	16745
shall amend the current license ~~or provisional license~~ to reflect	16746
a change in an administrator, if the administrator meets the	16747
requirements of ~~Chapter 5104. of the Revised Code~~this chapter and	16748
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	16749
chapter, or a change in license capacity for any age category of	16750
children as determined by the director of job and family services.	16751

~~(E)~~(F) If the director revokes the license of a center or, a	16752
type A home, or a type B home, the director shall not issue	16753
another license to the owner of the center or, type A home, or	16754
type B home until five years have elapsed from the date the	16755
license is revoked.	16756

If the director denies an application for a license, the	16757
director shall not accept another application from the applicant	16758
until five years have elapsed from the date the application is	16759
denied.	16760

~~(F)~~(G) If during the application for licensure process the	16761
director determines that the license of the owner has been	16762
revoked, the investigation of the center or, type A home, or type	16763
B home shall cease. This action does not constitute denial of the	16764
application and may not be appealed under division ~~(G)~~(H) of this	16765
section.	16766

~~(G)~~(H) All actions of the director with respect to licensing	16767
centers or, type A homes, or type B homes, refusal to license, and	16768
revocation of a license shall be in accordance with Chapter 119.	16769
of the Revised Code. Any applicant who is denied a license or any	16770
owner whose license is revoked may appeal in accordance with	16771
section 119.12 of the Revised Code.	16772

~~(H)~~(I) In no case shall the director issue a license or	16773
~~provisional license~~ under this section for a ~~type A home or~~	16774
center, type A home, or type B home if the director, based on	16775
documentation provided by the appropriate county department of job	16776
and family services, determines that the applicant ~~previously~~ had	16777
been certified as a type B family day-care home when such	16778
certifications were issued by county departments prior to the	16779
effective date of this amendment, that the county department	16780
revoked that certification, that the revocation was based on the	16781
applicant's refusal or inability to comply with the criteria for	16782
certification, and that the refusal or inability resulted in a	16783
risk to the health or safety of children.	16784

(J)(1) Except as provided in division (J)(2) of this section,	16785
an administrator of a type B family day-care home that receives a	16786
license pursuant to this section to provide publicly funded child	16787
care is an independent contractor and is not an employee of the	16788
department of job and family services.	16789

(2) For purposes of Chapter 4141. of the Revised Code,	16790
determinations concerning the employment of an administrator of a	16791
type B family day-care home that receives a license pursuant to	16792
this section shall be determined under Chapter 4141. of the	16793
Revised Code.	16794

Sec. 5104.032. (A) The child day-care center shall have, for	16795
each child for whom the center is licensed, at least thirty-five	16796
square feet of usable indoor floor space wall-to-wall regularly	16797
available for the child care operation exclusive of any parts of	16798
the structure in which the care of children is prohibited by law	16799
or by rules adopted by the board of building standards. The	16800
minimum of thirty-five square feet of usable indoor floor space	16801
shall not include hallways, kitchens, storage areas, or any other	16802
areas that are not available for the care of children, as	16803
determined by the director, in meeting the space requirement of	16804
this division, and bathrooms shall be counted in determining	16805
square footage only if they are used exclusively by children	16806
enrolled in the center, except that the exclusion of hallways,	16807
kitchens, storage areas, bathrooms not used exclusively by	16808
children enrolled in the center, and any other areas not available	16809
for the care of children from the minimum of thirty-five square	16810
feet of usable indoor floor space shall not apply to:	16811

(1) Centers licensed prior to or on September 1, 1986, that	16812
continue under licensure after that date;	16813

(2) Centers licensed prior to or on September 1, 1986, that	16814
are issued a new license after that date solely due to a change of	16815
ownership of the center.	16816

(B) The child day-care center shall have on the site a safe	16817
outdoor play space which is enclosed by a fence or otherwise	16818
protected from traffic or other hazards. The play space shall	16819
contain not less than sixty square feet per child using such space	16820
at any one time, and shall provide an opportunity for supervised	16821
outdoor play each day in suitable weather. The director may exempt	16822
a center from the requirement of this division, if an outdoor play	16823
space is not available and if all of the following are met:	16824

(1) The center provides an indoor recreation area that has	16825
not less than sixty square feet per child using the space at any	16826
one time, that has a minimum of one thousand four hundred forty	16827
square feet of space, and that is separate from the indoor space	16828
required under division (A) of this section.	16829

(2) The director has determined that there is regularly	16830
available and scheduled for use a conveniently accessible and safe	16831
park, playground, or similar outdoor play area for play or	16832
recreation.	16833

(3) The children are closely supervised during play and while	16834
traveling to and from the area.	16835

The director also shall exempt from the requirement of this	16836
division a child day-care center that was licensed prior to	16837
September 1, 1986, if the center received approval from the	16838
director prior to September 1, 1986, to use a park, playground, or	16839
similar area, not connected with the center, for play or	16840
recreation in lieu of the outdoor space requirements of this	16841
section and if the children are closely supervised both during	16842
play and while traveling to and from the area and except if the	16843
director determines upon investigation and inspection pursuant to	16844
section 5104.04 of the Revised Code and rules adopted pursuant to	16845
that section that the park, playground, or similar area, as well	16846
as access to and from the area, is unsafe for the children.	16847

Sec. 5104.033. A child day-care center shall have at least	16848
two responsible adults available on the premises at all times when	16849
seven or more children are in the center. The center shall	16850
organize the children in the center in small groups, shall provide	16851
child-care staff to give continuity of care and supervision to the	16852
children on a day-by-day basis, and shall ensure that no child is	16853
left alone or unsupervised. Except as otherwise provided in	16854
division (B) of this section, the maximum number of children per	16855
child-care staff member and maximum group size, by age category of	16856
children, are as follows:	16857

	Maximum Number of		16858
	Children Per	Maximum	16859
Age Category	Child-Care	Group	16860
of Children	Staff Member	Size	16861
(a) Infants:			16862
(i) Less than twelve			16863
months old	5:1, or		16864
	12:2 if two		16865
	child-care		16866
	staff members		16867
	are in the room	12	16868
(ii) At least twelve			16869
months old, but			16870
less than eighteen			16871
months old	6:1	12	16872
(b) Toddlers:			16873
(i) At least eighteen			16874
months old, but			16875
less than thirty			16876
months old	7:1	14	16877
(ii) At least thirty months			16878
old, but less than			16879
three years old	8:1	16	16880
(c) Preschool-age			16881
children:			16882
(i) Three years old	12:1	24	16883
(ii) Four years old and			16884
five years old who			16885
are not school			16886
children	14:1	28	16887
(d) School-age children:			16888
(i) A child who is			16889
enrolled in or is			16890
eligible to be			16891
enrolled in a grade			16892
of kindergarten			16893
or above, but			16894
is less than			16895
eleven years old	18:1	36	16896
(ii) Eleven through fourteen			16897
years old	20:1	40	16898

Except as otherwise provided in division (B) of this section,	16899
the maximum number of children per child-care staff member and	16900
maximum group size requirements of the younger age group shall	16901
apply when age groups are combined.	16902

(B)(1) When age groups are combined, the maximum number of	16903
children per child-care staff member shall be determined by the	16904
age of the youngest child in the group, except that when no more	16905
than one child thirty months of age or older receives services in	16906
a group in which all the other children are in the next older age	16907
group, the maximum number of children per child-care staff member	16908
and maximum group size requirements of the older age group	16909
established under division (A) of this section shall apply.	16910

(2) The maximum number of toddlers or preschool-age children	16911
per child-care staff member in a room where children are napping	16912
shall be twice the maximum number of children per child-care staff	16913
member established under division (A) of this section if all the	16914
following criteria are met:	16915

(a) At least one child-care staff member is present in the	16916
room.	16917

(b) Sufficient child-care staff members are on the child	16918
day-care center premises to meet the maximum number of children	16919
per child-care staff member requirements established under	16920
division (A) of this section.	16921

(c) Naptime preparations are complete and all napping	16922
children are resting or sleeping on cots.	16923

(d) The maximum number established under division (B)(2) of	16924
this section is in effect for no more than two hours during a	16925
twenty-four-hour day.	16926

Sec. 5104.034. Each child day-care center shall have on the	16927
center premises and readily available at all times at least one	16928
child-care staff member who has completed a course in first aid,	16929
one staff member who has completed a course in prevention,	16930
recognition, and management of communicable diseases which is	16931
approved by the state department of health, and a staff member who	16932
has completed a course in child abuse recognition and prevention	16933
training which is approved by the department of job and family	16934
services.	16935

~~Sec. 5104.031.~~ Sec. 5104.035. (A) A child day-care center	16936
administrator shall show the director of job and family services	16937
both of the following:	16938

(1) Evidence of at least high school graduation or	16939
certification of high school equivalency by the state board of	16940
education or the appropriate agency of another state;	16941

(2) Evidence of having at least one of the following:

16942

(a) An associate, bachelor's, master's, doctoral, or other	16943
postgraduate degree in child development or early childhood	16944
education, or in a related field approved by the director, from an	16945
accredited college, university, or technical college;	16946

(b) A license designated as appropriate for teaching in an	16947
associate teaching position in a preschool setting issued by the	16948
state board of education pursuant to section 3319.22 of the	16949
Revised Code;	16950

(c) Designation under the career pathways model as an early	16951
childhood professional level three;	16952

(d) Two years of experience working as a child-care staff	16953
member in a licensed child care program, designation under the	16954
career pathways model as an early childhood professional level	16955
one, and, not later than one year after being named as	16956
administrator, designation under the career pathways model as an	16957
early childhood professional level two;	16958

(e) Two years of experience working as a child-care staff	16959
member in a licensed child care program and, except as provided in	16960
division (B) of this section, at least four courses in child	16961
development or early childhood education from an accredited	16962
college, university, or technical college;	16963

(f) Two years of experience working as a child-care staff	16964
member in a licensed child care program and a child development	16965
associate credential issued by the council for professional	16966
recognition;	16967

(g) Two years of training, including at least four courses in	16968
child development or early childhood education from an accredited	16969
college, university, or technical college;	16970

(h) An infant and toddler or early childhood credential from	16971
a program accredited by the Montessori accreditation council for	16972
teacher education.	16973

(B) A person who has two years of experience working as a	16974
child-care staff member in a child day-care center and is promoted	16975
to or designated as administrator of that center shall have one	16976
year from the date of the promotion or designation to complete the	16977
courses required by division (A)(1)(e) of this section.	16978

~~Sec. 5104.032.~~ Sec. 5104.036. (A) All child-care staff members of	16979
a child day-care center shall be at least eighteen years of age,	16980
and shall furnish the director of job and family services evidence	16981
of at least high school graduation or certification of high school	16982
equivalency by the state board of education or the appropriate	16983
agency of another state or evidence of completion of a training	16984
program approved by the department of job and family services or	16985
state board of education, except as follows:	16986

(B) A child-care staff member may be less than eighteen years	16987
of age if the staff member is either of the following:	16988

(1) A graduate of a two-year vocational child-care training	16989
program approved by the state board of education;	16990

(2) A student enrolled in the second year of a vocational	16991
child-care training program approved by the state board of	16992
education which leads to high school graduation, provided that the	16993
student performs the student's duties in the child day-care center	16994
under the continuous supervision of an experienced child-care	16995
staff member, receives periodic supervision from the vocational	16996
child-care training program teacher-coordinator in the student's	16997
high school, and meets all other requirements of this chapter and	16998
rules adopted pursuant to this chapter.	16999

(C) A child-care staff member shall be exempt from the	17000
educational requirements of division (A) of this section if the	17001
staff member:	17002

(1) Prior to January 1, 1972, was employed or designated by a	17003
child day-care center and has been continuously employed since	17004
either by the same child day-care center employer or at the same	17005
child day-care center;	17006

(2) Is a student enrolled in the second year of a vocational	17007
child-care training program approved by the state board of	17008
education which leads to high school graduation, provided that the	17009
student performs the student's duties in the child day-care center	17010
under the continuous supervision of an experienced child-care	17011
staff member, receives periodic supervision from the vocational	17012
child-care training program teacher-coordinator in the student's	17013
high school, and meets all other requirements of this chapter and	17014
rules adopted pursuant to this chapter;	17015

(3) Is receiving or has completed the final year of	17016
instruction at home as authorized under section 3321.04 of the	17017
Revised Code or has graduated from a nonchartered, nonpublic	17018
school in Ohio.	17019

~~Sec. 5104.033.~~ Sec. 5104.037. (A) Except as provided in division	17020
(B) of this section, each child-care staff member of a child	17021
day-care center annually shall complete fifteen hours of inservice	17022
training that includes the following subjects until the staff	17023
member has completed a total of forty-five hours of training:	17024

(1) Child development or early childhood education;

17025

(2) Child abuse recognition and prevention;

17026

(3) First aid;

17027

(4) Prevention, recognition, and management of communicable	17028
diseases.	17029

(B) A child-care staff member is exempt from the inservice	17030
training requirements established by division (A) of this section	17031
if the staff member furnishes one of the following to the director	17032
of job and family services:	17033

(1) Evidence of an associate or higher degree in child	17034
development or early childhood education from an accredited	17035
college, university, or technical college;	17036

(2) A license designated for teaching in an associate	17037
teaching position in a preschool setting issued by the state board	17038
of education;	17039

(3) Evidence of a child development associate credential;

17040

(4) Evidence of an infant and toddler or early childhood	17041
credential from a program accredited by the Montessori	17042
accreditation council for teacher education.	17043

(C) For purposes of this section, each hour of inservice	17044
training shall consist of sixty minutes of training.	17045

Sec. 5104.038. The administrator of each child day-care	17046
center shall maintain enrollment, health, and attendance records	17047
for all children attending the center and health and employment	17048
records for all center employees. The records shall be	17049
confidential, except that they shall be disclosed by the	17050
administrator to the director upon request for the purpose of	17051
administering and enforcing this chapter and rules adopted	17052
pursuant to this chapter. Neither the center nor the licensee,	17053
administrator, or employees of the center shall be civilly or	17054
criminally liable in damages or otherwise for records disclosed to	17055
the director by the administrator pursuant to this division. It	17056
shall be a defense to any civil or criminal charge based upon	17057
records disclosed by the administrator to the director that the	17058
records were disclosed pursuant to this division.	17059

Sec. 5104.039. (A) Any parent who is the residential parent	17060
and legal custodian of a child enrolled in a child day-care center	17061
and any custodian or guardian of such a child shall be permitted	17062
unlimited access to the center during its hours of operation for	17063
the purposes of contacting their children, evaluating the care	17064
provided by the center, evaluating the premises of the center, or	17065
for other purposes approved by the director. A parent of a child	17066
enrolled in a child day-care center who is not the child's	17067
residential parent shall be permitted unlimited access to the	17068
center during its hours of operation for those purposes under the	17069
same terms and conditions under which the residential parent of	17070
that child is permitted access to the center for those purposes.	17071
However, the access of the parent who is not the residential	17072
parent is subject to any agreement between the parents and, to the	17073
extent described in division (B) of this section, is subject to	17074
any terms and conditions limiting the right of access of the	17075
parent who is not the residential parent, as described in division	17076
(I) of section 3109.051 of the Revised Code, that are contained in	17077
a parenting time order or decree issued under that section,	17078
section 3109.12 of the Revised Code, or any other provision of the	17079
Revised Code.	17080

(B) If a parent who is the residential parent of a child has	17081
presented the administrator or the administrator's designee with a	17082
copy of a parenting time order that limits the terms and	17083
conditions under which the parent who is not the residential	17084
parent is to have access to the center, as described in division	17085
(I) of section 3109.051 of the Revised Code, the parent who is not	17086
the residential parent shall be provided access to the center only	17087
to the extent authorized in the order. If the residential parent	17088
has presented such an order, the parent who is not the residential	17089
parent shall be permitted access to the center only in accordance	17090
with the most recent order that has been presented to the	17091
administrator or the administrator's designee by the residential	17092
parent or the parent who is not the residential parent.	17093

(C) Upon entering the premises pursuant to division (A) or	17094
(B) of this section, the parent who is the residential parent and	17095
legal custodian, the parent who is not the residential parent, or	17096
the custodian or guardian shall notify the administrator or the	17097
administrator's designee of the parent's, custodian's, or	17098
guardian's presence.	17099

Sec. 5104.04. (A) The department of job and family services	17100
shall establish procedures to be followed in investigating,	17101
inspecting, and licensing child day-care centers ~~and~~, type A	17102
family day-care homes, and licensed type B family day-care homes.	17103

(B)(1)(a) The department shall, at least once during every	17104
twelve-month period of operation of a center or, type A home, or	17105
licensed type B home, inspect the center or, type A home, or	17106
licensed type B home. The department shall inspect a part-time	17107
center or part-time type A home at least once during every	17108
twelve-month period of operation. The department shall provide a	17109
written inspection report to the licensee within a reasonable time	17110
after each inspection. The licensee shall display ~~all written~~	17111
~~reports of inspections conducted during the current licensing~~	17112
~~period~~its most recent inspection report in a conspicuous place in	17113
the center or, type A home, or licensed type B home.	17114

Inspections may be unannounced. No person, firm,	17115
organization, institution, or agency shall interfere with the	17116
inspection of a center or, type A home, or licensed type B home by	17117
any state or local official engaged in performing duties required	17118
of the state or local official by this chapter or rules adopted	17119
pursuant to this chapter, including inspecting the center or, type	17120
A home, or licensed type B home, reviewing records, or	17121
interviewing licensees, employees, children, or parents.	17122

(b) Upon receipt of any complaint that a center or, type A	17123
home or licensed type B home is out of compliance with the	17124
requirements of this chapter or rules adopted pursuant to this	17125
chapter, the department shall investigate the center or home, and	17126
both of the following apply:	17127

(i) If the complaint alleges that a child suffered physical	17128
harm while receiving child care at the center or home or that the	17129
noncompliance alleged in the complaint involved, resulted in, or	17130
poses a substantial risk of physical harm to a child receiving	17131
child care at the center or home, the department shall inspect the	17132
center or home.	17133

(ii) If division (B)(1)(b)(i) of this section does not apply	17134
regarding the complaint, the department may inspect the center or	17135
home.	17136

(c) Division (B)(1)(b) of this section does not limit,	17137
restrict, or negate any duty of the department to inspect a center	17138
or, type A home, or licensed type B home that otherwise is imposed	17139
under this section, or any authority of the department to inspect	17140
a center or, type A home, or licensed type B home that otherwise	17141
is granted under this section when the department believes the	17142
inspection is necessary and it is permitted under the grant.	17143

(2) If the department implements an instrument-based program	17144
monitoring information system, it may use an indicator checklist	17145
to comply with division (B)(1) of this section.	17146

(3) The department shall contract with a third party by the	17147
first day of October in each even-numbered year to collect	17148
information concerning the amounts charged by the center or home	17149
for providing child care services for use in establishing	17150
reimbursement ceilings and payment pursuant to section 5104.30 of	17151
the Revised Code. The third party shall compile the information	17152
and report the results of the survey to the department not later	17153
than the first day of December in each even-numbered year.	17154

(C) The department may deny an application or revoke a	17155
license of a center or, type A home, or licensed type B home, if	17156
the applicant knowingly makes a false statement on the	17157
application, the center or home does not comply with the	17158
requirements of this chapter or rules adopted pursuant to this	17159
chapter, or the applicant or owner has pleaded guilty to or been	17160
convicted of an offense described in section 5104.09 of the	17161
Revised Code.	17162

(D) If the department finds, after notice and hearing	17163
pursuant to Chapter 119. of the Revised Code, that any applicant,	17164
person, firm, organization, institution, or agency applying for	17165
licensure or licensed under section 5104.03 of the Revised Code is	17166
in violation of any provision of this chapter or rules adopted	17167
pursuant to this chapter, the department may issue an order of	17168
denial to the applicant or an order of revocation to the center	17169
or, type A home, or licensed type B home revoking the license	17170
previously issued by the department. Upon the issuance of such an	17171
order, the person whose application is denied or whose license is	17172
revoked may appeal in accordance with section 119.12 of the	17173
Revised Code.	17174

(E) The surrender of a center or, type A home, or licensed	17175
type B home license to the department or the withdrawal of an	17176
application for licensure by the owner or administrator of the	17177
center or, type A home, or licensed type B home shall not prohibit	17178
the department from instituting any of the actions set forth in	17179
this section.	17180

(F) Whenever the department receives a complaint, is advised,	17181
or otherwise has any reason to believe that a center or type A	17182
home is providing child care without a license issued pursuant to	17183
section 5104.03 and is not exempt from licensing pursuant to	17184
section 5104.02 of the Revised Code, the department shall	17185
investigate the center or type A home and may inspect the areas	17186
children have access to or areas necessary for the care of	17187
children in the center or type A home during suspected hours of	17188
operation to determine whether the center or type A home is	17189
subject to the requirements of this chapter or rules adopted	17190
pursuant to this chapter.	17191

(G) The department, upon determining that the center or type	17192
A home is operating without a license, shall notify the attorney	17193
general, the prosecuting attorney of the county in which the	17194
center or type A home is located, or the city attorney, village	17195
solicitor, or other chief legal officer of the municipal	17196
corporation in which the center or type A home is located, that	17197
the center or type A home is operating without a license. Upon	17198
receipt of the notification, the attorney general, prosecuting	17199
attorney, city attorney, village solicitor, or other chief legal	17200
officer of a municipal corporation shall file a complaint in the	17201
court of common pleas of the county in which the center or type A	17202
home is located requesting that the court grant an order enjoining	17203
the owner from operating the center or type A home in violation of	17204
section 5104.02 of the Revised Code. The court shall grant such	17205
injunctive relief upon a showing that the respondent named in the	17206
complaint is operating a center or type A home and is doing so	17207
without a license.	17208

(H) The department shall prepare an annual report on	17209
inspections conducted under this section. The report shall include	17210
the number of inspections conducted, the number and types of	17211
violations found, and the steps taken to address the violations.	17212
The department shall file the report with the governor, the	17213
president and minority leader of the senate, and the speaker and	17214
minority leader of the house of representatives on or before the	17215
first day of January of each year, beginning in 1999.	17216

Sec. 5104.041. (A) All type A ~~and type B~~ family day-care	17217
homes and licensed type B family day-care homes shall procure and	17218
maintain one of the following:	17219

(1) Liability insurance issued by an insurer authorized to do	17220
business in this state under Chapter 3905. of the Revised Code	17221
insuring the type A or type B family day-care home against	17222
liability arising out of, or in connection with, the operation of	17223
the family day-care home. ~~Liability~~The insurance procured ~~under~~	17224
~~this division~~ shall cover any cause for which the type A or type B	17225
family day-care home would be liable, in the amount of at least	17226
one hundred thousand dollars per occurrence and three hundred	17227
thousand dollars in the aggregate.	17228

(2) A written statement signed by the parent, guardian, or	17229
custodian of each child receiving child care from the type A or	17230
type B family day-care home that states all of the following:	17231

(a) The family day-care home does not carry liability	17232
insurance described in division (A)(1) of this section;	17233

(b) If the licensee of a type A family day-care home or ~~the~~	17234
~~provider of~~ a type B family day-care home is not the owner of the	17235
real property where the family day-care home is located, the	17236
liability insurance, if any, of the owner of the real property may	17237
not provide for coverage of any liability arising out of, or in	17238
connection with, the operation of the family day-care home.	17239

(B) If the licensee of a type A family day-care home or ~~the~~	17240
~~provider of~~ a type B family day-care home is not the owner of the	17241
real property where the family day-care home is located and the	17242
family day-care home procures liability insurance described in	17243
division (A)(1) of this section, that licensee ~~or provider~~ shall	17244
name the owner of the real property as an additional insured party	17245
on the liability insurance policy if all of the following apply:	17246

(1) The owner of the real property requests the licensee or	17247
provider, in writing, to add the owner of the real property to the	17248
liability insurance policy as an additional insured party.	17249

(2) The addition of the owner of the real property does not	17250
result in cancellation or nonrenewal of the insurance policy	17251
procured by the type A or type B family day-care home.	17252

(3) The owner of the real property pays any additional	17253
premium assessed for coverage of the owner of the real property.	17254

(C) Proof of insurance or written statement required under	17255
division (A) of this section shall be maintained at the type A or	17256
type B family day-care home and made available for review during	17257
inspection or investigation as required under this chapter.	17258

(D) The director of job and family services shall adopt rules	17259
for the enforcement of this section.	17260

Sec. 5104.052. The director of job and family services, in	17261
cooperation with the fire marshal pursuant to section 3737.22 of	17262
the Revised Code, shall ~~promulgate~~adopt rules regarding fire	17263
prevention and fire safety in ~~certified~~licensed type B family	17264
day-care homes. In accordance with those rules, the director shall	17265
inspect each type B home that applies to be licensed that is	17266
providing or is to provide publicly funded child care.	17267

Sec. 5104.053. As a precondition of approval by the state	17268
board of education pursuant to section 3313.813 of the Revised	17269
Code for receipt of United States department of agriculture child	17270
and adult care food program funds established under the "National	17271
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	17272
amended, the provider of child care in a type B family day-care	17273
home that is not ~~certified~~licensed by the ~~county~~ director of	17274
~~human~~job and family services shall request an inspection of the	17275
type B home by the fire marshal, who shall inspect the type B home	17276
pursuant to section 3737.22 of the Revised Code to determine that	17277
it is in compliance with rules established pursuant to section	17278
5104.052 of the Revised Code for ~~certified~~licensed type B homes.	17279

Sec. 5104.054. Any type B family day-care home, whether	17280
~~certified~~licensed or not ~~certified~~licensed by the ~~county~~	17281
director of ~~human~~job and family services, shall be considered to	17282
be a residential use of property for purposes of municipal,	17283
county, and township zoning and shall be a permitted use in all	17284
zoning districts in which residential uses are permitted. No	17285
municipal, county, or township zoning regulations shall require a	17286
conditional use permit or any other special exception	17287
certification for any such type B family day-care home.	17288

Sec. 5104.06. (A) The director of job and family services	17289
shall provide consultation, technical assistance, and training to	17290
child day-care centers ~~and~~, type A family day-care homes, and type	17291
B family day-care homes to improve programs and facilities	17292
providing child care ~~including, but not limited to,~~. As part of	17293
these activities, the director shall provide assistance in meeting	17294
the requirements of ~~Chapter 5104.~~this chapter and rules adopted	17295
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter and	17296
shall furnish information regarding child abuse identification and	17297
reporting of child abuse.	17298

(B) The director of job and family services shall provide	17299
consultation and technical assistance to county departments of job	17300
and family services to assist the departments with the	17301
implementation of certification of ~~type B family day-care home~~	17302
~~providers and~~ in-home aides.	17303

Sec. 5104.08. (A) There is hereby created in the department	17304
of job and family services a child care advisory council to advise	17305
and assist the department in the administration of this chapter	17306
and in the development of child care. The council shall consist of	17307
twenty-two voting members appointed by the director of job and	17308
family services with the approval of the governor. The director of	17309
job and family services, the director of developmental	17310
disabilities, the director of mental health, the superintendent of	17311
public instruction, the director of health, the director of	17312
commerce, and the state fire marshal shall serve as nonvoting	17313
members of the council.	17314

Six members shall be representatives of child care centers	17315
subject to licensing, the members to represent a variety of	17316
centers, including nonprofit and proprietary, from different	17317
geographical areas of the state. At least three members shall be	17318
parents, guardians, or custodians of children receiving child care	17319
or publicly funded child care in the child's own home, a center, a	17320
type A home, a head start program, a ~~certified~~licensed type B	17321
home, or a type B home at the time of appointment. Three members	17322
shall be representatives of in-home aides, type A homes, ~~certified~~	17323
licensed type B homes, or type B homes or head start programs. At	17324
least six members shall represent county departments of job and	17325
family services. The remaining members shall be representatives of	17326
the teaching, child development, and health professions, and other	17327
individuals interested in the welfare of children. At least six	17328
members of the council shall not be employees or licensees of a	17329
child day-care center, head start program, or type A home, or	17330
providers operating a ~~certified~~licensed type B home or type B	17331
home, or in-home aides.	17332

Appointments shall be for three-year terms. Vacancies shall	17333
be filled for the unexpired terms. A member of the council is	17334
subject to removal by the director of job and family services for	17335
a willful and flagrant exercise of authority or power that is not	17336
authorized by law, for a refusal or willful neglect to perform any	17337
official duty as a member of the council imposed by law, or for	17338
being guilty of misfeasance, malfeasance, nonfeasance, or gross	17339
neglect of duty as a member of the council.	17340

There shall be two co-chairpersons of the council. One	17341
co-chairperson shall be the director of job and family services or	17342
the director's designee, and one co-chairperson shall be elected	17343
by the members of the council. The council shall meet as often as	17344
is necessary to perform its duties, provided that it shall meet at	17345
least once in each quarter of each calendar year and at the call	17346
of the co-chairpersons. The co-chairpersons or their designee	17347
shall send to each member a written notice of the date, time, and	17348
place of each meeting.	17349

Members of the council shall serve without compensation, but	17350
shall be reimbursed for necessary expenses.	17351

(B) The child care advisory council shall advise the director	17352
on matters affecting the licensing of centers ~~and~~, type A homes,	17353
and type B homes and the certification of ~~type B homes and~~ in-home	17354
aides. The council shall make an annual report to the director of	17355
job and family services that addresses the availability,	17356
affordability, accessibility, and quality of child care and that	17357
summarizes the recommendations and plans of action that the	17358
council has proposed to the director during the preceding fiscal	17359
year. The director of job and family services shall provide copies	17360
of the report to the governor, speaker and minority leader of the	17361
house of representatives, and the president and minority leader of	17362
the senate and, on request, shall make copies available to the	17363
public.	17364

(C) The director of job and family services shall adopt rules	17365
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	17366
implement this section.	17367

Sec. 5104.09. (A)(1) Except as provided in rules adopted	17368
pursuant to division (D) of this section, no individual who has	17369
been convicted of or pleaded guilty to a violation described in	17370
division (A)(9) of section 109.572 of the Revised Code, a	17371
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	17372
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	17373
of the Revised Code or a violation of an existing or former law or	17374
ordinance of any municipal corporation, this state, any other	17375
state, or the United States that is substantially equivalent to	17376
any of those violations, or two violations of section 4511.19 of	17377
the Revised Code during operation of the center or home shall be	17378
certified as an in-home aide or be employed in any capacity in or	17379
own or operate a child day-care center, type A family day-care	17380
home, type B family day-care home, or ~~certified~~licensed type B	17381
family day-care home.	17382

(2) Each employee of a child day-care center and type A home	17383
and every person eighteen years of age or older residing in a type	17384
A home or licensed type B home shall sign a statement on forms	17385
prescribed by the director of job and family services attesting to	17386
the fact that the employee or resident person has not been	17387
convicted of or pleaded guilty to any offense set forth in	17388
division (A)(1) of this section and that no child has been removed	17389
from the employee's or resident person's home pursuant to section	17390
2151.353 of the Revised Code. Each licensee of a type A family	17391
day-care home or type B family day-care home shall sign a	17392
statement on a form prescribed by the director attesting to the	17393
fact that no person who resides at the type A home or licensed	17394
type B home and who is under the age of eighteen has been	17395
adjudicated a delinquent child for committing a violation of any	17396
section listed in division (A)(1) of this section. The statements	17397
shall be kept on file at the center or, type A home, or licensed	17398
type B home.	17399

(3) Each in-home aide ~~and every person eighteen years of age~~	17400
~~or older residing in a certified type B home~~ shall sign a	17401
statement on forms prescribed by the director of job and family	17402
services attesting that the aide ~~or resident person~~ has not been	17403
convicted of or pleaded guilty to any offense set forth in	17404
division (A)(1) of this section and that no child has been removed	17405
from the aide's ~~or resident person's~~ home pursuant to section	17406
2151.353 of the Revised Code. ~~Each authorized provider shall sign~~	17407
~~a statement on forms prescribed by the director attesting that the~~	17408
~~provider has not been convicted of or pleaded guilty to any~~	17409
~~offense set forth in division (A)(1) of this section and that no~~	17410
~~child has been removed from the provider's home pursuant to~~	17411
~~section 2151.353 of the Revised Code. Each authorized provider~~	17412
~~shall sign a statement on a form prescribed by the director~~	17413
~~attesting to the fact that no person who resides at the certified~~	17414
~~type B home and who is under the age of eighteen has been~~	17415
~~adjudicated a delinquent child for committing a violation of any~~	17416
~~section listed in division (A)(1) of this section.~~ The ~~statements~~	17417
statement shall be kept on file at the county department of job	17418
and family services.	17419

(4) Each administrator and licensee of a center or, type A	17420
home, or licensed type B home shall sign a statement on a form	17421
prescribed by the director of job and family services attesting	17422
that the administrator or licensee has not been convicted of or	17423
pleaded guilty to any offense set forth in division (A)(1) of this	17424
section and that no child has been removed from the	17425
administrator's or licensee's home pursuant to section 2151.353 of	17426
the Revised Code. The statement shall be kept on file at the	17427
center or, type A home, or licensed type B home.	17428

(B) No in-home aide, no administrator, licensee, ~~authorized~~	17429
~~provider,~~ or employee of a center, type A home, or ~~certified~~	17430
licensed type B home, and no person eighteen years of age or older	17431
residing in a type A home or ~~certified~~licensed type B home shall	17432
withhold information from, or falsify information on, any	17433
statement required pursuant to division (A)(2), (3), or (4) of	17434
this section.	17435

(C) No administrator, licensee, or child-care staff member	17436
shall discriminate in the enrollment of children in a child	17437
day-care center upon the basis of race, color, religion, sex, or	17438
national origin.	17439

(D) The director of job and family services shall adopt rules	17440
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	17441
implement this section, including rules specifying exceptions to	17442
the prohibition in division (A) of this section for persons who	17443
have been convicted of an offense listed in that division but meet	17444
rehabilitation standards set by the ~~department~~director.	17445

Sec. 5104.13. The department of job and family services	17446
shall prepare a guide describing the state statutes and rules	17447
governing the ~~certification~~licensure of type B family day-care	17448
homes. The department may publish the guide electronically or	17449
otherwise and shall do so in a manner that the guide is accessible	17450
to the public, including type B home providers.	17451

Sec. 5104.14. All materials that are supplied by the	17452
department of job and family services to type A family day-care	17453
home providers, type B family day-care home providers, in-home	17454
aides, persons seeking to be type A family day-care home	17455
providers, type B family day-care home providers, or in-home	17456
aides, and caretaker parents shall be written at no higher than	17457
the sixth grade reading level. The department may employ a	17458
readability expert to verify its compliance with this section.	17459

~~Sec. 5104.015.~~ Sec. 5104.25. (A) Except as otherwise provided in	17460
division (C) of this section, no child day-care center shall	17461
permit any person to smoke in any indoor or outdoor space that is	17462
part of the center.	17463

The administrator of a child day-care center shall post in a	17464
conspicuous place at the main entrance of the center a notice	17465
stating that smoking is prohibited in any indoor or outdoor space	17466
that is part of the center, except under the conditions described	17467
in division (C) of this section.	17468

(B) Except as otherwise provided in division (C) of this	17469
section, no type A family day-care home or ~~certified~~licensed type	17470
B family day-care home shall permit any person to smoke in any	17471
indoor or outdoor space that is part of the home during the hours	17472
the home is in operation. Smoking may be permitted during hours	17473
other than the hours of operation if the administrator or	17474
~~authorized provider~~ of the home has provided to a parent,	17475
custodian, or guardian of each child receiving child care at the	17476
home notice that smoking occurs or may occur at the home when it	17477
is not in operation.	17478

The administrator of a type A family day-care home or	17479
~~authorized provider of~~ a ~~certified~~licensed type B family day-care	17480
home shall post in a conspicuous place at the main entrance of the	17481
home a notice specifying the hours the home is in operation and	17482
stating that smoking is prohibited during those hours in any	17483
indoor or outdoor space that is part of the home, except under the	17484
conditions described in division (C) of this section.	17485

(C) A child day-care center, type A family day-care home, or	17486
~~certified~~licensed type B family home may allow persons to smoke	17487
at the center or home during its hours of operation if those	17488
persons cannot be seen smoking by the children being cared for and	17489
if they smoke in either of the following:	17490

(1) An indoor area that is separately ventilated from the	17491
rest of the center or home;	17492

(2) An outdoor area that is so far removed from the children	17493
being cared for that they cannot inhale any smoke.	17494

(D) The director of job and family services, in consultation	17495
with the director of health, shall adopt rules in accordance with	17496
Chapter 119. of the Revised Code to implement the requirements of	17497
this section. These rules may prohibit smoking in a child day-care	17498
center, type A family day-care home, or ~~certified~~licensed type B	17499
family home if its design and structure do not allow persons to	17500
smoke under the conditions described in division (C) of this	17501
section or if repeated violations of division (A) or (B) of this	17502
section have occurred there.	17503

Sec. 5104.30. (A) The department of job and family services	17504
is hereby designated as the state agency responsible for	17505
administration and coordination of federal and state funding for	17506
publicly funded child care in this state. Publicly funded child	17507
care shall be provided to the following:	17508

(1) Recipients of transitional child care as provided under	17509
section 5104.34 of the Revised Code;	17510

(2) Participants in the Ohio works first program established	17511
under Chapter 5107. of the Revised Code;	17512

(3) Individuals who would be participating in the Ohio works	17513
first program if not for a sanction under section 5107.16 of the	17514
Revised Code and who continue to participate in a work activity,	17515
developmental activity, or alternative work activity pursuant to	17516
an assignment under section 5107.42 of the Revised Code;	17517

(4) A family receiving publicly funded child care on October	17518
1, 1997, until the family's income reaches one hundred fifty per	17519
cent of the federal poverty line;	17520

(5) Subject to available funds, other individuals determined	17521
eligible in accordance with rules adopted under section 5104.38 of	17522
the Revised Code.	17523

The department shall apply to the United States department of	17524
health and human services for authority to operate a coordinated	17525
program for publicly funded child care, if the director of job and	17526
family services determines that the application is necessary. For	17527
purposes of this section, the department of job and family	17528
services may enter into agreements with other state agencies that	17529
are involved in regulation or funding of child care. The	17530
department shall consider the special needs of migrant workers	17531
when it administers and coordinates publicly funded child care and	17532
shall develop appropriate procedures for accommodating the needs	17533
of migrant workers for publicly funded child care.	17534

(B) The department of job and family services shall	17535
distribute state and federal funds for publicly funded child care,	17536
including appropriations of state funds for publicly funded child	17537
care and appropriations of federal funds available under the child	17538
care block grant act, Title IV-A, and Title XX. The department may	17539
use any state funds appropriated for publicly funded child care as	17540
the state share required to match any federal funds appropriated	17541
for publicly funded child care.	17542

(C) In the use of federal funds available under the child	17543
care block grant act, all of the following apply:	17544

(1) The department may use the federal funds to hire staff to	17545
prepare any rules required under this chapter and to administer	17546
and coordinate federal and state funding for publicly funded child	17547
care.	17548

(2) Not more than five per cent of the aggregate amount of	17549
the federal funds received for a fiscal year may be expended for	17550
administrative costs.	17551

(3) The department shall allocate and use at least four per	17552
cent of the federal funds for the following:	17553

(a) Activities designed to provide comprehensive consumer	17554
education to parents and the public;	17555

(b) Activities that increase parental choice;

17556

(c) Activities, including child care resource and referral	17557
services, designed to improve the quality, and increase the	17558
supply, of child care;	17559

(d) Establishing a tiered quality rating and improvement	17560
system in which participation in the program may allow child	17561
day-care providers to be eligible for grants, technical	17562
assistance, training, or other assistance and become eligible for	17563
unrestricted monetary awards for maintaining a quality rating.	17564

(4) The department shall ensure that the federal funds will	17565
be used only to supplement, and will not be used to supplant,	17566
federal, state, and local funds available on the effective date of	17567
the child care block grant act for publicly funded child care and	17568
related programs. If authorized by rules adopted by the department	17569
pursuant to section 5104.42 of the Revised Code, county	17570
departments of job and family services may purchase child care	17571
from funds obtained through any other means.	17572

(D) The department shall encourage the development of	17573
suitable child care throughout the state, especially in areas with	17574
high concentrations of recipients of public assistance and	17575
families with low incomes. The department shall encourage the	17576
development of suitable child care designed to accommodate the	17577
special needs of migrant workers. On request, the department,	17578
through its employees or contracts with state or community child	17579
care resource and referral service organizations, shall provide	17580
consultation to groups and individuals interested in developing	17581
child care. The department of job and family services may enter	17582
into interagency agreements with the department of education, the	17583
board of regents, the department of development, and other state	17584
agencies and entities whenever the cooperative efforts of the	17585
other state agencies and entities are necessary for the department	17586
of job and family services to fulfill its duties and	17587
responsibilities under this chapter.	17588

The department shall develop and maintain a registry of	17589
persons providing child care. The director shall adopt rules	17590
~~pursuant to~~in accordance with Chapter 119. of the Revised Code	17591
establishing procedures and requirements for the registry's	17592
administration.	17593

(E)(1) The director shall adopt rules in accordance with	17594
Chapter 119. of the Revised Code establishing both of the	17595
following:	17596

(a) Reimbursement ceilings for providers of publicly funded	17597
child care not later than the first day of July in each	17598
odd-numbered year;	17599

(b) A procedure for reimbursing and paying providers of	17600
publicly funded child care.	17601

(2) In establishing reimbursement ceilings under division	17602
(E)(1)(a) of this section, the director shall do all of the	17603
following:	17604

(a) Use the information obtained under division (B)(3) of	17605
section 5104.04 of the Revised Code;	17606

(b) Establish an enhanced reimbursement ceiling for providers	17607
who provide child care for caretaker parents who work	17608
nontraditional hours;	17609

(c) For ~~a type B family day-care home provider that has~~	17610
~~received limited certification pursuant to rules adopted under~~	17611
~~division (G)(1) of section 5104.011 of the Revised Code~~an in-home	17612
aide, establish a reimbursement ceiling that is ~~the following:~~	17613

~~(i) If the provider is a person described in division~~	17614
~~(G)(1)(a)(i) of section 5104.011 of the Revised Code,~~ seventy-five	17615
per cent of the reimbursement ceiling that applies to a licensed	17616
type B family day-care home ~~certified by the same county~~	17617
~~department of job and family services pursuant to section 5104.11~~	17618
~~of the Revised Code~~;	17619

~~(ii) If the provider is a person described in division~~	17620
~~(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per~~	17621
~~cent of the reimbursement ceiling that applies to a type B family~~	17622
~~day-care home certified by the same county department pursuant to~~	17623
~~section 5104.11 of the Revised Code.~~	17624

(d) With regard to the tiered quality rating and improvement	17625
system established pursuant to division (C)(3)(d) of this section,	17626
do both of the following:	17627

(i) Establish enhanced reimbursement ceilings for child	17628
day-care providers that participate in the system and maintain	17629
quality ratings under the system;	17630

(ii) ~~Weigh~~In the case of child day-care providers that have	17631
been given access to the system by the department, weigh any	17632
reduction in reimbursement ceilings more heavily against ~~child~~	17633
~~day-care~~those providers that do not participate in the system or	17634
do not maintain quality ratings under the system.	17635

(3) In establishing reimbursement ceilings under division	17636
(E)(1)(a) of this section, the director may establish different	17637
reimbursement ceilings based on any of the following:	17638

(a) Geographic location of the provider;

17639

(b) Type of care provided;

17640

17641

(d) Special needs of the child served;

17642

(e) Whether the expanded hours of service are provided;

17643

(f) Whether weekend service is provided;

17644

(g) Whether the provider has exceeded the minimum	17645
requirements of state statutes and rules governing child care;	17646

(h) Any other factors the director considers appropriate.

17647

(F) The director shall adopt rules in accordance with Chapter	17648
119. of the Revised Code to implement the tiered quality rating	17649
and improvement system described in division (C)(3)(d) of this	17650
section.	17651

Sec. 5104.31. (A) Publicly funded child care may be provided	17652
only by the following:	17653

(1) ~~A child day-care center or type A family day-care home,~~	17654
~~including a parent cooperative child day-care center or parent~~	17655
~~cooperative type A family day-care home,~~Any of the following	17656
licensed by the department of job and family services pursuant to	17657
section 5104.03 of the Revised Code;or pursuant to rules adopted	17658
under section 5104.018 of the Revised Code:	17659

(a) A child day-care center, including a parent cooperative	17660
child day-care center;	17661

(b) A type A family day-care home, including a parent	17662
cooperative type A family day-care home;	17663

17664

(2) ~~A type B family day-care home certified by the county~~	17665
~~department of job and family services pursuant to section 5104.11~~	17666
~~of the Revised Code;~~	17667

~~(3) A type B family day-care home that has received a limited~~	17668
~~certification pursuant to rules adopted under division (G)(1) of~~	17669
~~section 5104.011 of the Revised Code;~~	17670

~~(4)~~ An in-home aide who has been certified by the county	17671
department of job and family services pursuant to section 5104.12	17672
of the Revised Code;	17673

~~(5)~~(3) A child day camp approved pursuant to section 5104.22	17674
of the Revised Code;	17675

~~(6)~~(4) A licensed preschool program;

17676

~~(7)~~(5) A licensed school child program;

17677

~~(8)~~(6) A border state child care provider, except that a	17678
border state child care provider may provide publicly funded child	17679
care only to an individual who resides in an Ohio county that	17680
borders the state in which the provider is located.	17681

(B) Publicly funded child day-care may be provided in a	17682
child's own home only by an in-home aide.	17683

(C) Beginning July 1, 2020, publicly funded child care may be	17684
provided only by a provider that is rated through the tiered	17685
quality rating and improvement system established pursuant to	17686
section 5104.30 of the Revised Code.	17687

Sec. 5104.32. (A) Except as provided in division (C) of this	17688
section, all purchases of publicly funded child care shall be made	17689
under a contract entered into by a licensed child day-care center,	17690
licensed type A family day-care home, ~~certified~~licensed type B	17691
family day-care home, certified in-home aide, approved child day	17692
camp, licensed preschool program, licensed school child program,	17693
or border state child care provider and the department of job and	17694
family services. All contracts for publicly funded child care	17695
shall be contingent upon the availability of state and federal	17696
funds. The department shall prescribe a standard form to be used	17697
for all contracts for the purchase of publicly funded child care,	17698
regardless of the source of public funds used to purchase the	17699
child care. To the extent permitted by federal law and	17700
notwithstanding any other provision of the Revised Code that	17701
regulates state contracts or contracts involving the expenditure	17702
of state or federal funds, all contracts for publicly funded child	17703
care shall be entered into in accordance with the provisions of	17704
this chapter and are exempt from any other provision of the	17705
Revised Code that regulates state contracts or contracts involving	17706
the expenditure of state or federal funds.	17707

(B) Each contract for publicly funded child care shall	17708
specify at least the following:	17709

(1) That the provider of publicly funded child care agrees to	17710
be paid for rendering services at the lower of the rate	17711
customarily charged by the provider for children enrolled for	17712
child care or the reimbursement ceiling or rate of payment	17713
established pursuant to section 5104.30 of the Revised Code;	17714

(2) That, if a provider provides child care to an individual	17715
potentially eligible for publicly funded child care who is	17716
subsequently determined to be eligible, the department agrees to	17717
pay for all child care provided between the date the county	17718
department of job and family services receives the individual's	17719
completed application and the date the individual's eligibility is	17720
determined;	17721

(3) Whether the county department of job and family services,	17722
the provider, or a child care resource and referral service	17723
organization will make eligibility determinations, whether the	17724
provider or a child care resource and referral service	17725
organization will be required to collect information to be used by	17726
the county department to make eligibility determinations, and the	17727
time period within which the provider or child care resource and	17728
referral service organization is required to complete required	17729
eligibility determinations or to transmit to the county department	17730
any information collected for the purpose of making eligibility	17731
determinations;	17732

(4) That the provider, other than a border state child care	17733
provider, shall continue to be licensed, approved, or certified	17734
pursuant to this chapter and shall comply with all standards and	17735
other requirements in this chapter and in rules adopted pursuant	17736
to this chapter for maintaining the provider's license, approval,	17737
or certification;	17738

(5) That, in the case of a border state child care provider,	17739
the provider shall continue to be licensed, certified, or	17740
otherwise approved by the state in which the provider is located	17741
and shall comply with all standards and other requirements	17742
established by that state for maintaining the provider's license,	17743
certificate, or other approval;	17744

(6) Whether the provider will be paid by the state department	17745
of job and family services or in some other manner as prescribed	17746
by rules adopted under section 5104.42 of the Revised Code;	17747

(7) That the contract is subject to the availability of state	17748
and federal funds.	17749

(C) Unless specifically prohibited by federal law or by rules	17750
adopted under section 5104.42 of the Revised Code, the county	17751
department of job and family services shall give individuals	17752
eligible for publicly funded child care the option of obtaining	17753
certificates that the individual may use to purchase services from	17754
any provider qualified to provide publicly funded child care under	17755
section 5104.31 of the Revised Code. Providers of publicly funded	17756
child care may present these certificates for payment in	17757
accordance with rules that the director of job and family services	17758
shall adopt. Only providers may receive payment for certificates.	17759
The value of the certificate shall be based on the lower of the	17760
rate customarily charged by the provider or the rate of payment	17761
established pursuant to section 5104.30 of the Revised Code. The	17762
county department may provide the certificates to the individuals	17763
or may contract with child care providers or child care resource	17764
and referral service organizations that make determinations of	17765
eligibility for publicly funded child care pursuant to contracts	17766
entered into under section 5104.34 of the Revised Code for the	17767
providers or resource and referral service organizations to	17768
provide the certificates to individuals whom they determine are	17769
eligible for publicly funded child care.	17770

For each six-month period a provider of publicly funded child	17771
care provides publicly funded child care to the child of an	17772
individual given certificates, the individual shall provide the	17773
provider certificates for days the provider would have provided	17774
publicly funded child care to the child had the child been	17775
present. The maximum number of days providers shall be provided	17776
certificates shall not exceed ten days in a six-month period	17777
during which publicly funded child care is provided to the child	17778
regardless of the number of providers that provide publicly funded	17779
child care to the child during that period.	17780

Sec. 5104.35. (A) Each county department of job and family	17781
services shall do all of the following:	17782

(1) Accept any gift, grant, or other funds from either public	17783
or private sources offered unconditionally or under conditions	17784
which are, in the judgment of the department, proper and	17785
consistent with this chapter and deposit the funds in the county	17786
public assistance fund established by section 5101.161 of the	17787
Revised Code;	17788

(2) Recruit individuals and groups interested in	17789
certification as in-home aides or in developing and operating	17790
suitable licensed child day-care centers, type A family day-care	17791
homes, or ~~certified~~licensed type B family day-care homes,	17792
especially in areas with high concentrations of recipients of	17793
public assistance, and for that purpose provide consultation to	17794
interested individuals and groups on request;	17795

(3) Inform clients of the availability of child care	17796
services.	17797

(B) A county department of job and family services may, to	17798
the extent permitted by federal law, use public child care funds	17799
to extend the hours of operation of the county department to	17800
accommodate the needs of working caretaker parents and enable	17801
those parents to apply for publicly funded child care.	17802

Sec. 5104.36. The licensee or administrator of a child	17803
day-care center or, type A family day-care home, ~~the authorized~~	17804
~~provider of a certified~~or licensed type B family day-care home,	17805
an in-home aide providing child care services, the director or	17806
administrator of an approved child day camp, and a border state	17807
child care provider shall keep a record for each eligible child,	17808
to be made available to the county department of job and family	17809
services or the department of job and family services on request.	17810
The record shall include all of the following:	17811

(A) The name and date of birth of the child;

17812

(B) The name and address of the child's caretaker parent;

17813

(C) The name and address of the caretaker parent's place of	17814
employment or program of education or training;	17815

(D) The hours for which child care services have been	17816
provided for the child;	17817

(E) Any other information required by the county department	17818
of job and family services or the state department of job and	17819
family services.	17820

Sec. 5104.38. In addition to any other rules adopted under	17821
this chapter, the director of job and family services shall adopt	17822
rules in accordance with Chapter 119. of the Revised Code	17823
governing financial and administrative requirements for publicly	17824
funded child care and establishing all of the following:	17825

(A) Procedures and criteria to be used in making	17826
determinations of eligibility for publicly funded child care that	17827
give priority to children of families with lower incomes and	17828
procedures and criteria for eligibility for publicly funded	17829
protective child care. The rules shall specify the maximum amount	17830
of income a family may have for initial and continued eligibility.	17831
The maximum amount shall not exceed two hundred per cent of the	17832
federal poverty line. The rules may specify exceptions to the	17833
eligibility requirements in the case of a family that previously	17834
received publicly funded child care and is seeking to have the	17835
child care reinstated after the family's eligibility was	17836
terminated.	17837

(B) Procedures under which a county department of job and	17838
family services may, if the department, under division (A) of this	17839
section, specifies a maximum amount of income a family may have	17840
for eligibility for publicly funded child care that is less than	17841
the maximum amount specified in that division, specify a maximum	17842
amount of income a family residing in the county the county	17843
department serves may have for initial and continued eligibility	17844
for publicly funded child care that is higher than the amount	17845
specified by the department but does not exceed the maximum amount	17846
specified in division (A) of this section;	17847

(C) A schedule of fees requiring all eligible caretaker	17848
parents to pay a fee for publicly funded child care according to	17849
income and family size, which shall be uniform for all types of	17850
publicly funded child care, except as authorized by rule, and, to	17851
the extent permitted by federal law, shall permit the use of state	17852
and federal funds to pay the customary deposits and other advance	17853
payments that a provider charges all children who receive child	17854
care from that provider. The schedule of fees may not provide for	17855
a caretaker parent to pay a fee that exceeds ten per cent of the	17856
parent's family income.	17857

(D) A formula for determining the amount of state and federal	17858
funds appropriated for publicly funded child care that may be	17859
allocated to a county department to use for administrative	17860
purposes;	17861

(E) Procedures to be followed by the department and county	17862
departments in recruiting individuals and groups to become	17863
providers of child care;	17864

(F) Procedures to be followed in establishing state or local	17865
programs designed to assist individuals who are eligible for	17866
publicly funded child care in identifying the resources available	17867
to them and to refer the individuals to appropriate sources to	17868
obtain child care;	17869

(G) Procedures to deal with fraud and abuse committed by	17870
either recipients or providers of publicly funded child care;	17871

(H) Procedures for establishing a child care grant or loan	17872
program in accordance with the child care block grant act;	17873

(I) Standards and procedures for applicants to apply for	17874
grants and loans, and for the department to make grants and loans;	17875

(J) A definition of "person who stands in loco parentis" for	17876
the purposes of division ~~(KK)~~(JJ)(1) of section 5104.01 of the	17877
Revised Code;	17878

(K) Procedures for a county department of job and family	17879
services to follow in making eligibility determinations and	17880
redeterminations for publicly funded child care available through	17881
telephone, computer, and other means at locations other than the	17882
county department;	17883

(L) If the director establishes a different reimbursement	17884
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	17885
Code, standards and procedures for determining the amount of the	17886
higher payment that is to be issued to a child care provider based	17887
on the special needs of the child being served;	17888

(M) To the extent permitted by federal law, procedures for	17889
paying for up to thirty days of child care for a child whose	17890
caretaker parent is seeking employment, taking part in employment	17891
orientation activities, or taking part in activities in	17892
anticipation of enrolling in or attending an education or training	17893
program or activity, if the employment or the education or	17894
training program or activity is expected to begin within the	17895
thirty-day period;	17896

(N) Any other rules necessary to carry out sections 5104.30	17897
to 5104.43 of the Revised Code.	17898

Sec. 5107.60. In accordance with Title IV-A, federal	17899
regulations, state law, the Title IV-A state plan prepared under	17900
section 5101.80 of the Revised Code, and amendments to the plan,	17901
county departments of job and family services shall establish and	17902
administer the following work activities, in addition to the work	17903
activities established under sections 5107.50, 5107.52, 5107.54,	17904
and 5107.58 of the Revised Code, for minor heads of households and	17905
adults participating in Ohio works first:	17906

(A) Unsubsidized employment activities, including activities	17907
a county department determines are legitimate entrepreneurial	17908
activities;	17909

(B) On-the-job training activities, including training to	17910
become an employee of a child day-care center or type A family	17911
day-care home, ~~authorized provider~~administrator of a ~~certified~~	17912
licensed type B family day-care home, or in-home aide;	17913

(C) Community service activities including a program under	17914
which a participant of Ohio works first who is the parent,	17915
guardian, custodian, or specified relative responsible for the	17916
care of a minor child enrolled in grade twelve or lower is	17917
involved in the minor child's education on a regular basis;	17918

(D) Vocational educational training activities;

17919

(E) Jobs skills training activities that are directly related	17920
to employment;	17921

(F) Education activities that are directly related to	17922
employment for participants who have not earned a high school	17923
diploma or high school equivalence diploma;	17924

(G) Education activities for participants who have not	17925
completed secondary school or received a high school equivalence	17926
diploma under which the participants attend a secondary school or	17927
a course of study leading to a high school equivalence diploma,	17928
including LEAP participation by a minor head of household;	17929

(H) Child-care service activities aiding another participant	17930
assigned to a community service activity or other work activity. A	17931
county department may provide for a participant assigned to this	17932
work activity to receive training necessary to provide child-care	17933
services.	17934

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	17935
2151.421, section 5153.17, and any other section of the Revised	17936
Code pertaining to confidentiality, when a public children	17937
services agency has determined that child abuse or neglect	17938
occurred and that abuse or neglect involves a person who has	17939
applied for licensure ~~or renewal of licensure~~ as a type A family	17940
day-care home or ~~certification or renewal of certification as a~~	17941
type B family day-care home, the agency shall promptly provide to	17942
the department of job and family services ~~or to a county~~	17943
~~department of job and family services~~ any information the agency	17944
determines to be relevant for the purpose of evaluating the	17945
fitness of the person, including, but not limited to, both of the	17946
following:	17947

(1) A summary report of the chronology of abuse and neglect	17948
reports made pursuant to section 2151.421 of the Revised Code of	17949
which the person is the subject where the agency determined that	17950
abuse or neglect occurred and the final disposition of the	17951
investigation of the reports or, if the investigations have not	17952
been completed, the status of the investigations;	17953

(2) Any underlying documentation concerning those reports.

17954

(B) The agency shall not include in the information provided	17955
to the department ~~or county department~~ under division (A) of this	17956
section the name of the person or entity that made the report or	17957
participated in the making of the report of child abuse or	17958
neglect.	17959

(C) Upon provision of information under division (A) of this	17960
section, the agency shall notify the department ~~or county~~	17961
~~department~~ of both of the following:	17962

(1) That the information is confidential;

17963

(2) That unauthorized dissemination of the information is a	17964
violation of division (H)(2) of section 2151.421 of the Revised	17965
Code and any person who permits or encourages unauthorized	17966
dissemination of the information is guilty of a misdemeanor of the	17967
fourth degree pursuant to section 2151.99 of the Revised Code.	17968

Section 120.02. That existing sections 109.57, 2151.011,	17969
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	17970
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,	17971
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,	17972
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,	17973
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,	17974
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,	17975
5107.60, and 5153.175 of the Revised Code are hereby repealed.	17976

Section 120.03. That sections 5104.014 and 5104.11 of the	17977
Revised Code are hereby repealed.	17978

Section 120.04. Sections 120.01, 120.02, and 120.03 of this	17979
act take effect on January 1, 2014.	17980

Section 610.10. That Sections 267.10.90, 267.50.30, and	17981
283.20 of Am. Sub. H.B. 153 of the 129th General Assembly be	17982
amended to read as follows:	17983

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	17984
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	17985
Revised Code, the administration of the English language arts	17986
assessments for elementary grades as a replacement for the	17987
separate reading and writing assessments prescribed by sections	17988
3301.0710 and 3301.0711 of the Revised Code, as those sections	17989
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	17990
shall not be required until a date prescribed by rule of the State	17991
Board of Education. Until that date, the Department of Education	17992
and school districts and schools shall continue to administer	17993
separate reading assessments for elementary grades, as prescribed	17994
by the versions of sections 3301.0710 and 3301.0711 of the Revised	17995
Code that were in effect prior to the effective date of Section	17996
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	17997
intent for delaying implementation of the replacement English	17998
language arts assessment is to provide adequate time for the	17999
complete development of the new assessment.	18000

(B) Notwithstanding anything to the contrary in section	18001
3301.0710 of the Revised Code, the State Board shall not prescribe	18002
the three ranges of scores for the assessments prescribed by	18003
division (A)(2) of section 3301.0710 of the Revised Code, as	18004
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	18005
the Board adopts the rule required by division (A) of this	18006
section. Until that date, the Board shall continue to prescribe	18007
the five ranges of scores required by the version of section	18008
3301.0710 of the Revised Code in effect prior to the effective	18009
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	18010
Assembly, and the ~~following apply:~~	18011

~~(1) The~~ range of scores designated by the State Board as a	18012
proficient level of skill remains the passing score on the Ohio	18013
Graduation Tests for purposes of sections 3313.61, 3313.611,	18014
3313.612, and 3325.08 of the Revised Code;	18015

~~(2) The range of scores designated as a limited level of~~	18016
~~skill remains the standard for applying the third-grade reading~~	18017
~~guarantee under division (A) of section 3313.608 of the Revised~~	18018
~~Code;~~	18019

~~(3) The range of scores designated by the State Board as a~~	18020
~~proficient level of skill remains the standard for the summer~~	18021
~~remediation requirement of division (B)(2) of section 3313.608 of~~	18022
~~the Revised Code~~.	18023

(C) Not later than December 31, 2013, the State Board shall	18024
submit to the General Assembly recommended changes to divisions	18025
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary	18026
to successfully implement the common core curriculum and	18027
assessments in the 2014-2015 school year.	18028

(D) This section is not subject to expiration after June 30,	18029
2013, under Section 809.10 of this act.	18030

Sec. 267.50.30. PROHIBITION FROM OPERATING FROM HOME

18031

NoA community school established under Chapter 3314. of the	18032
Revised Code that was ~~not~~ open for operation as a community school	18033
as of May 1, 2005, ~~shall~~may operate from aor in any home, as	18034
defined in section 3313.64 of the Revised Code, located in the	18035
state, regardless of when the community school's operations from	18036
or in a particular home began.	18037

Sec. 283.20. STATEHOUSE NEWS BUREAU

18038

The foregoing appropriation item 935401, Statehouse News	18039
Bureau, shall be used solely to support the operations of the Ohio	18040
Statehouse News Bureau.	18041

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

18042

The foregoing appropriation item 935402, Ohio Government	18043
Telecommunications Services, shall be used solely to support the	18044
operations of Ohio Government Telecommunications Services which	18045
include providing multimedia support to the state government and	18046
its affiliated organizations and broadcasting the activities of	18047
the legislative, judicial, and executive branches of state	18048
government, among its other functions.	18049

TECHNOLOGY OPERATIONS

18050

The foregoing appropriation item 935409, Technology	18051
Operations, shall be used by eTech Ohio to pay expenses of eTech	18052
Ohio's network infrastructure, which includes the television and	18053
radio transmission infrastructure and infrastructure that shall	18054
link all public K-12 classrooms to each other and to the Internet,	18055
and provide access to voice, video, other communication services,	18056
and data educational resources for students and teachers. The	18057
foregoing appropriation item 935409, Technology Operations, may	18058
also be used to cover student costs for taking advanced placement	18059
courses and courses that the Chancellor of the Board of Regents	18060
has determined to be eligible for postsecondary credit through the	18061
OhioLearns Gateway. To the extent that funds remain available for	18062
this purpose, students who are enrolled in public ~~school students~~	18063
and chartered nonpublic schools, and students who are instructed	18064
at home pursuant to section 3321.04 of the Revised Code, who are	18065
taking advanced placement or postsecondary courses through the	18066
OhioLearns Gateway shall be eligible to receive a fee waiver to	18067
cover the cost of participating in one course. The fee waivers	18068
shall be distributed until the funds appropriated to support the	18069
waivers have been exhausted.	18070

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

18071

The foregoing appropriation item 935410, Content Development,	18072
Acquisition, and Distribution, shall be used for the development,	18073
acquisition, and distribution of information resources by public	18074
media and radio reading services and for educational use in the	18075
classroom and online.	18076

Of the foregoing appropriation item 935410, Content	18077
Development, Acquisition, and Distribution, up to $658,099 in each	18078
fiscal year shall be allocated equally among the 12 Ohio	18079
educational television stations and used with the advice and	18080
approval of eTech Ohio. Funds shall be used for the production of	18081
interactive instructional programming series with priority given	18082
to resources aligned with state academic content standards in	18083
consultation with the Ohio Department of Education and for	18084
teleconferences to support eTech Ohio. The programming shall be	18085
targeted to the needs of the poorest two hundred school districts	18086
as determined by the district's adjusted valuation per pupil as	18087
defined in former section 3317.0213 of the Revised Code as that	18088
section existed prior to June 30, 2005.	18089

Of the foregoing appropriation item 935410, Content	18090
Development, Acquisition, and Distribution, up to $1,749,283 in	18091
each fiscal year shall be distributed by eTech Ohio to Ohio's	18092
qualified public educational television stations and educational	18093
radio stations to support their operations. The funds shall be	18094
distributed pursuant to an allocation formula used by the Ohio	18095
Educational Telecommunications Network Commission unless a	18096
substitute formula is developed by eTech Ohio in consultation with	18097
Ohio's qualified public educational television stations and	18098
educational radio stations.	18099

Of the foregoing appropriation item 935410, Content	18100
Development, Acquisition, and Distribution, up to $199,712 in each	18101
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	18102
radio reading services to support their operations. The funds	18103
shall be distributed pursuant to an allocation formula used by the	18104
Ohio Educational Telecommunications Network Commission unless a	18105
substitute formula is developed by eTech Ohio in consultation with	18106
Ohio's qualified radio reading services.	18107

Section 610.11. That existing Sections 267.10.90, 267.50.30,	18108
and 283.20 of Am. Sub. H.B. 153 of the 129th General Assembly are	18109
hereby repealed.	18110

Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153	18111
of the 129th General Assembly and Section 265.20.15 of Am. Sub.	18112
H.B. 1 of the 128th General Assembly are hereby repealed.	18113

Section 733.10. Not later than June 20, 2013, the Department	18114
of Education shall conduct a study of the licensure requirements	18115
for educational staff responsible for the development of	18116
informational sources for the support of curriculum and literacy	18117
development in schools. The Department and the State Board of	18118
Education shall use the study to make any necessary updates or	18119
revisions to the licensure requirements for those staff.	18120

Section 733.15. Not later than ninety days after the	18121
effective date of this section, the Department of Education shall	18122
make available on its web site a copy of every approved, executed	18123
contract that was filed with the Superintendent of Public	18124
Instruction under section 3314.03 of the Revised Code before the	18125
effective date of this section.	18126

Section 733.30. The State Board of Education and the Early	18127
Childhood Advisory Council, in consultation with the Governor's	18128
Office of 21st Century Education, jointly shall develop	18129
legislative recommendations regarding the state's policies on	18130
literacy education for individuals from birth through third grade,	18131
with the goal of increasing kindergarten readiness, reading	18132
proficiency in kindergarten through third grade, and increasing	18133
school success and college- and career-readiness for Ohio's	18134
children. The State Board of Education and the Early Childhood	18135
Advisory Council shall submit the recommendations to the Governor	18136
and the General Assembly, in accordance with section 101.68 of the	18137
Revised Code, not later than February 28, 2013. The	18138
recommendations shall address all of the following:	18139

(A) Alignment of the state's policies and resources for	18140
reading readiness and proficiency from birth through third grade,	18141
including literacy standards, evidence-based curricula,	18142
professional development, instructional practices, and assessments	18143
to reduce early learning difficulties and to ensure third grade	18144
reading proficiency;	18145

(B) Identification of birth through kindergarten entry	18146
strategies that reduce the kindergarten readiness gap, increase	18147
literacy success throughout the K-12 continuum, and increase	18148
college- and career-readiness;	18149

(C) Recommendations for implementing reading proficiency	18150
strategies.	18151

Section 733.40. Not later than December 31, 2012, the	18152
Superintendent of Public Instruction and the Governor's Director	18153
of 21st Century Education shall issue a report to the Governor and	18154
the General Assembly, in accordance with section 101.68 of the	18155
Revised Code, on the ability of the Ohio Department of Education	18156
to reprioritize state and federal funds appropriated or allocated	18157
to the Department, in order to identify additional funds that may	18158
be used to support the assessments and interventions associated	18159
with the third grade reading guarantee prescribed by section	18160
3313.608 of the Revised Code. The Superintendent and the Director	18161
shall examine all available sources of funding, including Title I	18162
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	18163
6301 et seq.; Title III, Part A, of the "No Child Left Behind Act	18164
of 2001," 20 U.S.C. 6811, et seq.; and the "Enhancing Education	18165
Through Technology Act of 2001," 20 U.S.C. 6751.	18166

Section 733.60. The General Assembly intends to enact a law,	18167
not later than December 31, 2012, that establishes a battery of	18168
measures to be used to rate the performance of the sponsors of	18169
community schools established under Chapter 3314. of the Revised	18170
Code and to determine whether an entity may sponsor additional	18171
community schools under that chapter.	18172

Section 733.70. The Department of Education shall conduct a	18173
second Educational Choice Scholarship application period for the	18174
2012-2013 school year to award scholarships to eligible students	18175
who were enrolled in a nonpublic school in the 2011-2012 school	18176
year that was granted a charter by the State Board of Education	18177
during the 2011-2012 school year. The second application period	18178
shall commence on the effective date of this section and shall end	18179
at the close of business of the first business day that is at	18180
least thirty days after the effective date of this section. A	18181
student is an eligible student if an application is timely	18182
submitted under this section and the student meets the eligibility	18183
standards of division (B) of section 3310.031 of the Revised Code.	18184
Notwithstanding section 3310.10 of the Revised Code, a scholarship	18185
awarded during the second application period shall be used in the	18186
2012-2013 school year only to pay tuition at the nonpublic school	18187
in which the eligible student was enrolled in the 2011-2012 school	18188
year.	18189

Section 733.81. Notwithstanding the deadline prescribed in	18190
division (G)(2) of section 3301.0711 of the Revised Code, for the	18191
achievement assessments administered under that section for the	18192
2012-2013 school year, the Department of Education, or an entity	18193
with which the Department contracts for the scoring of the	18194
assessments, shall send to each school district board a list of	18195
the individual scores of all persons taking an assessment	18196
prescribed by division (A)(1) or (B)(1) of section 3301.0710 of	18197
the Revised Code within seventy-five days after its	18198
administration, but in no case shall the scores be returned later	18199
than June 15, 2013.	18200

Section 733.91. The Department of Education shall notify each	18201
school district and community school established under Chapter	18202
3314. of the Revised Code of the requirement of section 3323.19 of	18203
the Revised Code that students with disabilities undergo a	18204
comprehensive eye examination.	18205

Not later than December 31, 2013, the Department shall issue	18206
a report on the compliance of school districts and community	18207
schools with the requirement to have students with disabilities	18208
undergo a comprehensive eye examination in accordance with section	18209
3323.19 of the Revised Code. For the report, the Department shall	18210
collect data from each school district and community school for	18211
the 2012-2013 school year on the total number of students enrolled	18212
in the district or school who were subject to the requirement to	18213
undergo a comprehensive eye examination and the total number of	18214
those students who received the examination, as verified by	18215
documentation received by the district or school. The Department	18216
shall provide copies of the report to the Governor, the Speaker	18217
and Minority Leader of the House of Representatives, the President	18218
and Minority Leader of the Senate, and the chairpersons and	18219
ranking minority members of the House and Senate education	18220
committees.	18221

Section 751.10. The Revised Code section cited in the	18222
Administrative Code as the authority for any rules adopted under	18223
Chapter 5104. of the Revised Code shall be deemed to be the	18224
Revised Code section as renumbered by Section 101.01 of this act.	18225
The Director of Job and Family Services is not required to amend	18226
any rule previously adopted under Chapter 5104. of the Revised	18227
Code for the sole purpose of changing the citation of the Revised	18228
Code section that authorizes the rule.	18229

Section 751.20. The Revised Code sections cited in the	18230
Administrative Code as the authority for any rules adopted under	18231
Chapter 5104. of the Revised Code shall be deemed to be the	18232
Revised Code sections as renumbered by Section 120.01 of this act.	18233
The Director of Job and Family Services is not required to amend	18234
any rules previously adopted under Chapter 5104. of the Revised	18235
Code for the sole purpose of changing the citation of the Revised	18236
Code section that authorizes the rule.	18237

Section 751.30. On January 1, 2014, a person who is	18238
operating a type B family day-care home certified pursuant to	18239
section 5104.11 of the Revised Code, as that section existed on	18240
December 31, 2013, shall be issued a license to operate a type B	18241
family day-care home pursuant to section 5104.03 of the Revised	18242
Code as amended by this act. The Department of Job and Family	18243
Services shall adopt rules establishing a plan to facilitate the	18244
transition of type B homes from certification to licensure. The	18245
rules shall be adopted in accordance with Chapter 119. of the	18246
Revised Code.	18247

Section 763.10. The Office of Workforce Transformation is	18248
authorized to create a web site to help link energy companies with	18249
trained workers and to provide information on industry compatible	18250
curriculum and training. The Office of Workforce Transformation is	18251
also authorized to work with veterans to match training and skills	18252
to needed jobs in industries, including to the oil and gas	18253
industry.	18254

Section 806.10. The items of law contained in this act, and	18255
their applications, are severable. If any item of law contained in	18256
this act, or if any application of any item of law contained in	18257
this act, is held invalid, the invalidity does not affect other	18258
items of law contained in this act and their applications that can	18259
be given effect without the invalid item of law or application.	18260

Section 812.10. Sections subject to referendum: general	18261
effective date. Except as otherwise provided in this act, the	18262
amendment, enactment, or repeal by this act of a section is	18263
subject to the referendum under Ohio Constitution, Article II,	18264
Section 1c and therefore takes effect on the ninety-first day	18265
after this act is filed with the Secretary of State.	18266

Section 812.11. Sections subject to referendum: special	18267
effective dates. The amendment, enactment, or repeal by this act	18268
of the following sections is subject to the referendum under Ohio	18269
Constitution, Article II, Section 1c and therefore takes effect on	18270
the ninety-first day after this act is filed with the Secretary of	18271
State or on the date specified below, whichever is later:	18272

Section 751.20 of this act takes effect January 1, 2014.

18273

Section 815.10. Section 4301.20 of the Revised Code is	18274
presented in this act as a composite of the section as amended by	18275
both Am. Sub. H.B. 114 and S.B. 73 of the 129th General Assembly.	18276
The General Assembly, applying the principle stated in division	18277
(B) of section 1.52 of the Revised Code that amendments are to be	18278
harmonized if reasonably capable of simultaneous operation, finds	18279
that the composite is the resulting version of the section in	18280
effect prior to the effective date of the section as presented in	18281
this act.	18282