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

As Reported by the Senate Education Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 316

Senator Lehner
(by request)

A BILL

To amend sections 3301.079, 3301.0712, 3301.0714,

3301.0715, 3301.0723, 3301.52, 3301.53, 3301.58,

3301.90, 3301.922, 3302.03, 3302.032, 3302.042,

3302.12, 3302.20, 3302.21, 3302.25, 3310.03,

3310.08, 3310.15, 3313.37, 3313.41, 3313.411,

3313.603, 3313.608, 3313.609, 3313.6013, 3313.674,

3313.813, 3313.816, 3313.845, 3313.978, 3314.015,

3314.016, 3314.02, 3314.029, 3314.03, 3314.06,

3314.08, 3314.17, 3314.18, 3314.35, 3317.01,

3318.023, 3318.034, 3318.36, 3318.37, 3318.371,

3318.70, 3319.02, 3319.06, 3319.11, 3319.111,

3319.112, 3321.01, 3323.011, 3323.052, 3326.03,

3326.11, 3326.17, 3326.21, 3328.15, 3328.24,

3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,

4141.29, 4301.20, 5104.01, 5104.011, 5104.02,

5104.21, 5104.30, 5104.31, 5104.34, 5104.38,

5751.20, 6301.01, 6301.02, 6301.03, 6301.04,

6301.07, 6301.08, and 6301.10; to enact sections

3301.941, 3302.022, 3302.033, 3302.41, 3310.031,

3313.6411, 3313.847, 3314.025, 3314.11, 3314.15,

3318.364, 3319.031, 3326.031, 3326.26, 4123.391,

5104.031, 5104.032, 5104.033, and 5123.022; and to

repeal sections 3319.19 and 3319.58 of the Revised

Code; to amend Sections 267.10, 267.10.90,

267.40.40, 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, 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,

and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 3301.079, 3301.0712, 3301.0714,	53
3301.0715, 3301.0723, 3301.52, 3301.53, 3301.58, 3301.90,	54
3301.922, 3302.03, 3302.032, 3302.042, 3302.12, 3302.20, 3302.21,	55
3302.25, 3310.03, 3310.08, 3310.15, 3313.37, 3313.41, 3313.411,	56
3313.603, 3313.608, 3313.609, 3313.6013, 3313.674, 3313.813,	57
3313.816, 3313.845, 3313.978, 3314.015, 3314.016, 3314.02,	58
3314.029, 3314.03, 3314.06, 3314.08, 3314.17, 3314.18, 3314.35,	59
3317.01, 3318.023, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70,	60
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3321.01, 3323.011,	61
3323.052, 3326.03, 3326.11, 3326.17, 3326.21, 3328.15, 3328.24,	62
3333.0411, 4139.01, 4139.03, 4139.04, 4139.05, 4141.29, 4301.20,	63
5104.01, 5104.011, 5104.02, 5104.21, 5104.30, 5104.31, 5104.34,	64
5104.38, 5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07,	65
6301.08, and 6301.10 be amended; and sections 3301.941, 3302.022,	66
3302.033, 3302.41, 3310.031, 3313.6411, 3313.847, 3314.025,	67
3314.11, 3314.15, 3318.364, 3319.031, 3326.031, 3326.26, 4123.391,	68
5104.031, 5104.032, 5104.033, and 5123.022 of the Revised Code be	69
enacted to read as follows:	70

Sec. 3301.079. (A)(1) ~~Not later than June 30, 2010, and~~	71
~~periodically thereafter, the~~The state board of education shall	72
periodically adopt statewide academic standards with emphasis on	73
coherence, focus, and rigor for each of grades kindergarten	74
through twelve in English language arts, mathematics, science, and	75
social studies.	76

The standards shall specify the following:

(a) The core academic content and skills that students are	78
expected to know and be able to do at each grade level that will	79
allow each student to be prepared for postsecondary instruction	80
and the workplace for success in the twenty-first century;	81

(b) The development of skill sets that promote information,	82
media, and technological literacy;	83

(c) Interdisciplinary, project-based, real-world learning	84
opportunities.	85

(2) After completing the standards required by division	86
(A)(1) of this section, the state board shall adopt standards and	87
model curricula for instruction in technology, financial literacy	88
and entrepreneurship, fine arts, and foreign language for grades	89
kindergarten through twelve. The standards shall meet the same	90
requirements prescribed in divisions (A)(1)(a) to (c) of this	91
section.	92

(3) The state board shall adopt the most recent standards	93
developed by the national association for sport and physical	94
education for physical education in grades kindergarten through	95
twelve or shall adopt its own standards for physical education in	96
those grades and revise and update them periodically.	97

The department of education shall employ a full-time physical	98
education coordinator to provide guidance and technical assistance	99
to districts, community schools, and STEM schools in implementing	100
the physical education standards adopted under this division. The	101
superintendent of public instruction shall determine that the	102
person employed as coordinator is qualified for the position, as	103
demonstrated by possessing an adequate combination of education,	104
license, and experience.	105

(4) When academic standards have been completed for any	106
subject area required by this section, the state board shall	107
inform all school districts, all community schools established	108
under Chapter 3314. of the Revised Code, all STEM schools	109
established under Chapter 3326. of the Revised Code, and all	110
nonpublic schools required to administer the assessments	111
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	112
of the content of those standards.	113

(B) ~~Not later than March 31, 2011, the~~(1) The state board	114
shall adopt a model curriculum for instruction in each subject	115
area for which updated academic standards are required by division	116
(A)(1) of this section and for each of grades kindergarten through	117
twelve that is sufficient to meet the needs of students in every	118
community. The model curriculum shall be aligned with the	119
standards, to ensure that the academic content and skills	120
specified for each grade level are taught to students, and shall	121
demonstrate vertical articulation and emphasize coherence, focus,	122
and rigor. When any model curriculum has been completed, the state	123
board shall inform all school districts, community schools, and	124
STEM schools of the content of that model curriculum.	125

(2) Not later than June 30, 2013, the state board, in	126
consultation with any office housed in the governor's office that	127
deals with workforce development, shall adopt model curricula for	128
grades kindergarten through twelve that embed career connection	129
learning strategies into regular classroom instruction.	130

(3) All school districts, community schools, and STEM schools	131
may utilize the state standards and the model curriculum	132
established by the state board, together with other relevant	133
resources, examples, or models to ensure that students have the	134
opportunity to attain the academic standards. Upon request, the	135
department ~~of education~~ shall provide technical assistance to any	136
district, community school, or STEM school in implementing the	137
model curriculum.	138

Nothing in this section requires any school district to	139
utilize all or any part of a model curriculum developed under this	140
~~division~~section.	141

(C) The state board shall develop achievement assessments	142
aligned with the academic standards and model curriculum for each	143
of the subject areas and grade levels required by divisions (A)(1)	144
and (B)(1) of section 3301.0710 of the Revised Code.	145

When any achievement assessment has been completed, the state	146
board shall inform all school districts, community schools, STEM	147
schools, and nonpublic schools required to administer the	148
assessment of its completion, and the department ~~of education~~	149
shall make the achievement assessment available to the districts	150
and schools.	151

(D)(1) The state board shall adopt a diagnostic assessment	152
aligned with the academic standards and model curriculum for each	153
of grades kindergarten through two in English language arts and	154
mathematics and for grade three in English language arts. The	155
diagnostic assessment shall be designed to measure student	156
comprehension of academic content and mastery of related skills	157
for the relevant subject area and grade level. Any diagnostic	158
assessment shall not include components to identify gifted	159
students. Blank copies of diagnostic assessments shall not be	160
public records.	161

(2) When each diagnostic assessment has been completed, the	162
state board shall inform all school districts of its completion	163
and the department ~~of education~~ shall make the diagnostic	164
assessment available to the districts at no cost to the district.	165
School districts shall administer the diagnostic assessment	166
pursuant to section 3301.0715 of the Revised Code beginning the	167
first school year following the development of the assessment.	168

(E) The state board shall not adopt a diagnostic or	169
achievement assessment for any grade level or subject area other	170
than those specified in this section.	171

(F) Whenever the state board or the department ~~of education~~	172
consults with persons for the purpose of drafting or reviewing any	173
standards, diagnostic assessments, achievement assessments, or	174
model curriculum required under this section, the state board or	175
the department shall first consult with parents of students in	176
kindergarten through twelfth grade and with active Ohio classroom	177
teachers, other school personnel, and administrators with	178
expertise in the appropriate subject area. Whenever practicable,	179
the state board and department shall consult with teachers	180
recognized as outstanding in their fields.	181

If the department contracts with more than one outside entity	182
for the development of the achievement assessments required by	183
this section, the department shall ensure the interchangeability	184
of those assessments.	185

(G) Whenever the state board adopts standards or model	186
curricula under this section, the department also shall provide	187
information on the use of blended or digital learning in the	188
delivery of the standards or curricula to students in accordance	189
with division (A)(4) of this section.	190

(H) The fairness sensitivity review committee, established by	191
rule of the state board of education, shall not allow any question	192
on any achievement or diagnostic assessment developed under this	193
section or any proficiency test prescribed by former section	194
3301.0710 of the Revised Code, as it existed prior to September	195
11, 2001, to include, be written to promote, or inquire as to	196
individual moral or social values or beliefs. The decision of the	197
committee shall be final. This section does not create a private	198
cause of action.	199

~~(H)~~(I) Not later than forty-five days prior to the ~~initial~~	200
~~deadline established~~adoption by the state board of updated	201
academic standards under division (A)(1) of this section ~~and the~~	202
~~deadline established~~or updated model curricula under division	203
(B)(1) of this section, the superintendent of public instruction	204
shall present the academic standards or model curricula, as	205
applicable, to the respective committees of the house of	206
representatives and senate that consider education legislation.	207

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

208

(1) "Blended learning" means the delivery of instruction in a	209
combination of time in a supervised physical location away from	210
home and online delivery whereby the student has some element of	211
control over time, place, path, or pace of learning.	212

(2) "Coherence" means a reflection of the structure of the	213
discipline being taught.	214

~~(2)~~(3) "Digital learning" means learning facilitated by	215
technology that gives students some element of control over time,	216
place, path, or pace of their learning.	217

(4) "Focus" means limiting the number of items included in a	218
curriculum to allow for deeper exploration of the subject matter.	219

~~(3)~~(5) "Rigor" means more challenging and demanding when	220
compared to international standards.	221

~~(4)~~(6) "Vertical articulation" means key academic concepts	222
and skills associated with mastery in particular content areas	223
should be articulated and reinforced in a developmentally	224
appropriate manner at each grade level so that over time students	225
acquire a depth of knowledge and understanding in the core	226
academic disciplines.	227

Sec. 3301.0712. (A) The state board of education, the	228
superintendent of public instruction, and the chancellor of the	229
Ohio board of regents shall develop a system of college and work	230
ready assessments as described in divisions (B)(1) and (2) of this	231
section to assess whether each student upon graduating from high	232
school is ready to enter college or the workforce. The system	233
shall replace the Ohio graduation tests prescribed in division	234
(B)(1) of section 3301.0710 of the Revised Code as a measure of	235
student academic performance and a prerequisite for eligibility	236
for a high school diploma in the manner prescribed by rule of the	237
state board adopted under division (D) of this section.	238

(B) The college and work ready assessment system shall	239
consist of the following:	240

(1) A nationally standardized assessment that measures	241
college and career readiness selected jointly by the state	242
superintendent and the chancellor.	243

(2) A series of end-of-course examinations in the areas of	244
science, mathematics, English language arts, and social studies	245
selected jointly by the state superintendent and the chancellor in	246
consultation with faculty in the appropriate subject areas at	247
institutions of higher education of the university system of Ohio.	248
For each subject area, the state superintendent and chancellor	249
shall select multiple assessments that school districts, public	250
schools, and chartered nonpublic schools may use as end-of-course	251
examinations. Those assessments shall include nationally	252
recognized subject area assessments, such as advanced placement	253
examinations, SAT subject tests, international baccalaureate	254
examinations, and other assessments of college and work readiness.	255

(C) ~~Not later than thirty days after the state board adopts~~	256
~~the model curricula required by division (B) of section 3301.079~~	257
~~of the Revised Code, the~~The state board shall convene a group of	258
national experts, state experts, and local practitioners to	259
provide advice, guidance, and recommendations for the alignment of	260
standards and model curricula to the assessments and in the design	261
of the end-of-course examinations prescribed by this section.	262

(D) Upon completion of the development of the assessment	263
system, the state board shall adopt rules prescribing all of the	264
following:	265

(1) A timeline and plan for implementation of the assessment	266
system, including a phased implementation if the state board	267
determines such a phase-in is warranted;	268

(2) The date after which a person entering ninth grade shall	269
meet the requirements of the entire assessment system as a	270
prerequisite for a high school diploma under section 3313.61,	271
3313.612, or 3325.08 of the Revised Code;	272

(3) The date after which a person shall meet the requirements	273
of the entire assessment system as a prerequisite for a diploma of	274
adult education under section 3313.611 of the Revised Code;	275

(4) Whether and the extent to which a person may be excused	276
from a social studies end-of-course examination under division (H)	277
of section 3313.61 and division (B)(2) of section 3313.612 of the	278
Revised Code;	279

(5) The date after which a person who has fulfilled the	280
curriculum requirement for a diploma but has not passed one or	281
more of the required assessments at the time the person fulfilled	282
the curriculum requirement shall meet the requirements of the	283
entire assessment system as a prerequisite for a high school	284
diploma under division (B) of section 3313.614 of the Revised	285
Code;	286

(6) The extent to which the assessment system applies to	287
students enrolled in a dropout recovery and prevention program for	288
purposes of division (F) of section 3313.603 and section 3314.36	289
of the Revised Code.	290

No rule adopted under this division shall be effective	291
earlier than one year after the date the rule is filed in final	292
form pursuant to Chapter 119. of the Revised Code.	293

(E) Not later than forty-five days prior to the state board's	294
adoption of a resolution directing the department of education to	295
file the rules prescribed by division (D) of this section in final	296
form under section 119.04 of the Revised Code, the superintendent	297
of public instruction shall present the assessment system	298
developed under this section to the respective committees of the	299
house of representatives and senate that consider education	300
legislation.	301

Sec. 3301.0714. (A) The state board of education shall adopt	302
rules for a statewide education management information system. The	303
rules shall require the state board to establish guidelines for	304
the establishment and maintenance of the system in accordance with	305
this section and the rules adopted under this section. The	306
guidelines shall include:	307

(1) Standards identifying and defining the types of data in	308
the system in accordance with divisions (B) and (C) of this	309
section;	310

(2) Procedures for annually collecting and reporting the data	311
to the state board in accordance with division (D) of this	312
section;	313

(3) Procedures for annually compiling the data in accordance	314
with division (G) of this section;	315

(4) Procedures for annually reporting the data to the public	316
in accordance with division (H) of this section.	317

(B) The guidelines adopted under this section shall require	318
the data maintained in the education management information system	319
to include at least the following:	320

(1) Student participation and performance data, for each	321
grade in each school district as a whole and for each grade in	322
each school building in each school district, that includes:	323

(a) The numbers of students receiving each category of	324
instructional service offered by the school district, such as	325
regular education instruction, vocational education instruction,	326
specialized instruction programs or enrichment instruction that is	327
part of the educational curriculum, instruction for gifted	328
students, instruction for students with disabilities, and remedial	329
instruction. The guidelines shall require instructional services	330
under this division to be divided into discrete categories if an	331
instructional service is limited to a specific subject, a specific	332
type of student, or both, such as regular instructional services	333
in mathematics, remedial reading instructional services,	334
instructional services specifically for students gifted in	335
mathematics or some other subject area, or instructional services	336
for students with a specific type of disability. The categories of	337
instructional services required by the guidelines under this	338
division shall be the same as the categories of instructional	339
services used in determining cost units pursuant to division	340
(C)(3) of this section.	341

(b) The numbers of students receiving support or	342
extracurricular services for each of the support services or	343
extracurricular programs offered by the school district, such as	344
counseling services, health services, and extracurricular sports	345
and fine arts programs. The categories of services required by the	346
guidelines under this division shall be the same as the categories	347
of services used in determining cost units pursuant to division	348
(C)(4)(a) of this section.	349

(c) Average student grades in each subject in grades nine	350
through twelve;	351

(d) Academic achievement levels as assessed under sections	352
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	353

(e) The number of students designated as having a disabling	354
condition pursuant to division (C)(1) of section 3301.0711 of the	355
Revised Code;	356

(f) The numbers of students reported to the state board	357
pursuant to division (C)(2) of section 3301.0711 of the Revised	358
Code;	359

(g) Attendance rates and the average daily attendance for the	360
year. For purposes of this division, a student shall be counted as	361
present for any field trip that is approved by the school	362
administration.	363

(h) Expulsion rates;

364

(i) Suspension rates;

365

(j) Dropout rates;

366

(k) Rates of retention in grade;

367

(l) For pupils in grades nine through twelve, the average	368
number of carnegie units, as calculated in accordance with state	369
board of education rules;	370

(m) Graduation rates, to be calculated in a manner specified	371
by the department of education that reflects the rate at which	372
students who were in the ninth grade three years prior to the	373
current year complete school and that is consistent with	374
nationally accepted reporting requirements;	375

(n) Results of diagnostic assessments administered to	376
kindergarten students as required under section 3301.0715 of the	377
Revised Code to permit a comparison of the academic readiness of	378
kindergarten students. However, no district shall be required to	379
report to the department the results of any diagnostic assessment	380
administered to a kindergarten student if the parent of that	381
student requests the district not to report those results.	382

(2) Personnel and classroom enrollment data for each school	383
district, including:	384

(a) The total numbers of licensed employees and nonlicensed	385
employees and the numbers of full-time equivalent licensed	386
employees and nonlicensed employees providing each category of	387
instructional service, instructional support service, and	388
administrative support service used pursuant to division (C)(3) of	389
this section. The guidelines adopted under this section shall	390
require these categories of data to be maintained for the school	391
district as a whole and, wherever applicable, for each grade in	392
the school district as a whole, for each school building as a	393
whole, and for each grade in each school building.	394

(b) The total number of employees and the number of full-time	395
equivalent employees providing each category of service used	396
pursuant to divisions (C)(4)(a) and (b) of this section, and the	397
total numbers of licensed employees and nonlicensed employees and	398
the numbers of full-time equivalent licensed employees and	399
nonlicensed employees providing each category used pursuant to	400
division (C)(4)(c) of this section. The guidelines adopted under	401
this section shall require these categories of data to be	402
maintained for the school district as a whole and, wherever	403
applicable, for each grade in the school district as a whole, for	404
each school building as a whole, and for each grade in each school	405
building.	406

(c) The total number of regular classroom teachers teaching	407
classes of regular education and the average number of pupils	408
enrolled in each such class, in each of grades kindergarten	409
through five in the district as a whole and in each school	410
building in the school district.	411

(d) The number of lead teachers employed by each school	412
district and each school building.	413

(3)(a) Student demographic data for each school district,	414
including information regarding the gender ratio of the school	415
district's pupils, the racial make-up of the school district's	416
pupils, the number of limited English proficient students in the	417
district, and an appropriate measure of the number of the school	418
district's pupils who reside in economically disadvantaged	419
households. The demographic data shall be collected in a manner to	420
allow correlation with data collected under division (B)(1) of	421
this section. Categories for data collected pursuant to division	422
(B)(3) of this section shall conform, where appropriate, to	423
standard practices of agencies of the federal government.	424

(b) With respect to each student entering kindergarten,	425
whether the student previously participated in a public preschool	426
program, a private preschool program, or a head start program, and	427
the number of years the student participated in each of these	428
programs.	429

(4) Any data required to be collected pursuant to federal	430
law.	431

(C) The education management information system shall include	432
cost accounting data for each district as a whole and for each	433
school building in each school district. The guidelines adopted	434
under this section shall require the cost data for each school	435
district to be maintained in a system of mutually exclusive cost	436
units and shall require all of the costs of each school district	437
to be divided among the cost units. The guidelines shall require	438
the system of mutually exclusive cost units to include at least	439
the following:	440

(1) Administrative costs for the school district as a whole.	441
The guidelines shall require the cost units under this division	442
(C)(1) to be designed so that each of them may be compiled and	443
reported in terms of average expenditure per pupil in formula ADM	444
in the school district, as determined pursuant to section 3317.03	445
of the Revised Code.	446

(2) Administrative costs for each school building in the	447
school district. The guidelines shall require the cost units under	448
this division (C)(2) to be designed so that each of them may be	449
compiled and reported in terms of average expenditure per	450
full-time equivalent pupil receiving instructional or support	451
services in each building.	452

(3) Instructional services costs for each category of	453
instructional service provided directly to students and required	454
by guidelines adopted pursuant to division (B)(1)(a) of this	455
section. The guidelines shall require the cost units under	456
division (C)(3) of this section to be designed so that each of	457
them may be compiled and reported in terms of average expenditure	458
per pupil receiving the service in the school district as a whole	459
and average expenditure per pupil receiving the service in each	460
building in the school district and in terms of a total cost for	461
each category of service and, as a breakdown of the total cost, a	462
cost for each of the following components:	463

(a) The cost of each instructional services category required	464
by guidelines adopted under division (B)(1)(a) of this section	465
that is provided directly to students by a classroom teacher;	466

(b) The cost of the instructional support services, such as	467
services provided by a speech-language pathologist, classroom	468
aide, multimedia aide, or librarian, provided directly to students	469
in conjunction with each instructional services category;	470

(c) The cost of the administrative support services related	471
to each instructional services category, such as the cost of	472
personnel that develop the curriculum for the instructional	473
services category and the cost of personnel supervising or	474
coordinating the delivery of the instructional services category.	475

(4) Support or extracurricular services costs for each	476
category of service directly provided to students and required by	477
guidelines adopted pursuant to division (B)(1)(b) of this section.	478
The guidelines shall require the cost units under division (C)(4)	479
of this section to be designed so that each of them may be	480
compiled and reported in terms of average expenditure per pupil	481
receiving the service in the school district as a whole and	482
average expenditure per pupil receiving the service in each	483
building in the school district and in terms of a total cost for	484
each category of service and, as a breakdown of the total cost, a	485
cost for each of the following components:	486

(a) The cost of each support or extracurricular services	487
category required by guidelines adopted under division (B)(1)(b)	488
of this section that is provided directly to students by a	489
licensed employee, such as services provided by a guidance	490
counselor or any services provided by a licensed employee under a	491
supplemental contract;	492

(b) The cost of each such services category provided directly	493
to students by a nonlicensed employee, such as janitorial	494
services, cafeteria services, or services of a sports trainer;	495

(c) The cost of the administrative services related to each	496
services category in division (C)(4)(a) or (b) of this section,	497
such as the cost of any licensed or nonlicensed employees that	498
develop, supervise, coordinate, or otherwise are involved in	499
administering or aiding the delivery of each services category.	500

(D)(1) The guidelines adopted under this section shall	501
require school districts to collect information about individual	502
students, staff members, or both in connection with any data	503
required by division (B) or (C) of this section or other reporting	504
requirements established in the Revised Code. The guidelines may	505
also require school districts to report information about	506
individual staff members in connection with any data required by	507
division (B) or (C) of this section or other reporting	508
requirements established in the Revised Code. The guidelines shall	509
not authorize school districts to request social security numbers	510
of individual students. The guidelines shall prohibit the	511
reporting under this section of a student's name, address, and	512
social security number to the state board of education or the	513
department of education. The guidelines shall also prohibit the	514
reporting under this section of any personally identifiable	515
information about any student, except for the purpose of assigning	516
the data verification code required by division (D)(2) of this	517
section, to any other person unless such person is employed by the	518
school district or the information technology center operated	519
under section 3301.075 of the Revised Code and is authorized by	520
the district or technology center to have access to such	521
information or is employed by an entity with which the department	522
contracts for the scoring of assessments administered under	523
section 3301.0711 of the Revised Code. The guidelines may require	524
school districts to provide the social security numbers of	525
individual staff members.	526

(2)(a) The guidelines shall provide for each school district	527
or community school to assign a data verification code that is	528
unique on a statewide basis over time to each student whose	529
initial Ohio enrollment is in that district or school and to	530
report all required individual student data for that student	531
utilizing such code. The guidelines shall also provide for	532
assigning data verification codes to all students enrolled in	533
districts or community schools on the effective date of the	534
guidelines established under this section. The assignment of data	535
verification codes for other entities, as described in division	536
(D)(2)(c) of this section, the use of those codes, and the	537
reporting and use of associated individual student data shall be	538
coordinated by the department in accordance with state and federal	539
law.	540

~~Individual~~School districts shall report individual student	541
data ~~shall be reported~~ to the department through the information	542
technology centers utilizing the code ~~but, except~~. The entities	543
described in division (D)(2)(c) of this section shall report	544
individual student data to the department in the manner prescribed	545
by the department.	546

Except as provided in sections 3301.941, 3310.11, 3310.42,	547
3310.63, 3313.978, ~~3310.63,~~ and 3317.20 of the Revised Code, at	548
no time shall the state board or the department have access to	549
information that would enable any data verification code to be	550
matched to personally identifiable student data.	551

(b) Each school district and community school shall ensure	552
that the data verification code is included in the student's	553
records reported to any subsequent school district, community	554
school, or state institution of higher education, as defined in	555
section 3345.011 of the Revised Code, in which the student	556
enrolls. Any such subsequent district or school shall utilize the	557
same identifier in its reporting of data under this section.	558

(c) The director of any state agency that administers a	559
publicly funded program providing services to children who are	560
younger than compulsory school age, as defined in section 3321.01	561
of the Revised Code, including the directors of health, job and	562
family services, mental health, and developmental disabilities,	563
shall request and receive, pursuant to sections 3301.0723 and	564
3701.62 of the Revised Code, a data verification code for a child	565
who is receiving those services ~~under division (A)(2) of section~~	566
~~3701.61 of the Revised Code~~.	567

(E) The guidelines adopted under this section may require	568
school districts to collect and report data, information, or	569
reports other than that described in divisions (A), (B), and (C)	570
of this section for the purpose of complying with other reporting	571
requirements established in the Revised Code. The other data,	572
information, or reports may be maintained in the education	573
management information system but are not required to be compiled	574
as part of the profile formats required under division (G) of this	575
section or the annual statewide report required under division (H)	576
of this section.	577

(F) Beginning with the school year that begins July 1, 1991,	578
the board of education of each school district shall annually	579
collect and report to the state board, in accordance with the	580
guidelines established by the board, the data required pursuant to	581
this section. A school district may collect and report these data	582
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	583

(G) The state board shall, in accordance with the procedures	584
it adopts, annually compile the data reported by each school	585
district pursuant to division (D) of this section. The state board	586
shall design formats for profiling each school district as a whole	587
and each school building within each district and shall compile	588
the data in accordance with these formats. These profile formats	589
shall:	590

(1) Include all of the data gathered under this section in a	591
manner that facilitates comparison among school districts and	592
among school buildings within each school district;	593

(2) Present the data on academic achievement levels as	594
assessed by the testing of student achievement maintained pursuant	595
to division (B)(1)(d) of this section.	596

(H)(1) The state board shall, in accordance with the	597
procedures it adopts, annually prepare a statewide report for all	598
school districts and the general public that includes the profile	599
of each of the school districts developed pursuant to division (G)	600
of this section. Copies of the report shall be sent to each school	601
district.	602

(2) The state board shall, in accordance with the procedures	603
it adopts, annually prepare an individual report for each school	604
district and the general public that includes the profiles of each	605
of the school buildings in that school district developed pursuant	606
to division (G) of this section. Copies of the report shall be	607
sent to the superintendent of the district and to each member of	608
the district board of education.	609

(3) Copies of the reports received from the state board under	610
divisions (H)(1) and (2) of this section shall be made available	611
to the general public at each school district's offices. Each	612
district board of education shall make copies of each report	613
available to any person upon request and payment of a reasonable	614
fee for the cost of reproducing the report. The board shall	615
annually publish in a newspaper of general circulation in the	616
school district, at least twice during the two weeks prior to the	617
week in which the reports will first be available, a notice	618
containing the address where the reports are available and the	619
date on which the reports will be available.	620

(I) Any data that is collected or maintained pursuant to this	621
section and that identifies an individual pupil is not a public	622
record for the purposes of section 149.43 of the Revised Code.	623

(J) As used in this section:

624

(1) "School district" means any city, local, exempted	625
village, or joint vocational school district and, in accordance	626
with section 3314.17 of the Revised Code, any community school. As	627
used in division (L) of this section, "school district" also	628
includes any educational service center or other educational	629
entity required to submit data using the system established under	630
this section.	631

(2) "Cost" means any expenditure for operating expenses made	632
by a school district excluding any expenditures for debt	633
retirement except for payments made to any commercial lending	634
institution for any loan approved pursuant to section 3313.483 of	635
the Revised Code.	636

(K) Any person who removes data from the information system	637
established under this section for the purpose of releasing it to	638
any person not entitled under law to have access to such	639
information is subject to section 2913.42 of the Revised Code	640
prohibiting tampering with data.	641

(L)(1) In accordance with division (L)(2) of this section and	642
the rules adopted under division (L)(10) of this section, the	643
department of education may sanction any school district that	644
reports incomplete or inaccurate data, reports data that does not	645
conform to data requirements and descriptions published by the	646
department, fails to report data in a timely manner, or otherwise	647
does not make a good faith effort to report data as required by	648
this section.	649

(2) If the department decides to sanction a school district	650
under this division, the department shall take the following	651
sequential actions:	652

(a) Notify the district in writing that the department has	653
determined that data has not been reported as required under this	654
section and require the district to review its data submission and	655
submit corrected data by a deadline established by the department.	656
The department also may require the district to develop a	657
corrective action plan, which shall include provisions for the	658
district to provide mandatory staff training on data reporting	659
procedures.	660

(b) Withhold up to ten per cent of the total amount of state	661
funds due to the district for the current fiscal year and, if not	662
previously required under division (L)(2)(a) of this section,	663
require the district to develop a corrective action plan in	664
accordance with that division;	665

(c) Withhold an additional amount of up to twenty per cent of	666
the total amount of state funds due to the district for the	667
current fiscal year;	668

(d) Direct department staff or an outside entity to	669
investigate the district's data reporting practices and make	670
recommendations for subsequent actions. The recommendations may	671
include one or more of the following actions:	672

(i) Arrange for an audit of the district's data reporting	673
practices by department staff or an outside entity;	674

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

675

(iii) Withhold an additional amount of up to thirty per cent	676
of the total amount of state funds due to the district for the	677
current fiscal year;	678

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

679

(v) Assign department staff to supervise the district's data	680
management system;	681

(vi) Conduct an investigation to determine whether to suspend	682
or revoke the license of any district employee in accordance with	683
division (N) of this section;	684

(vii) If the district is issued a report card under section	685
3302.03 of the Revised Code, indicate on the report card that the	686
district has been sanctioned for failing to report data as	687
required by this section;	688

(viii) If the district is issued a report card under section	689
3302.03 of the Revised Code and incomplete or inaccurate data	690
submitted by the district likely caused the district to receive a	691
higher performance rating than it deserved under that section,	692
issue a revised report card for the district;	693

(ix) Any other action designed to correct the district's data	694
reporting problems.	695

(3) Any time the department takes an action against a school	696
district under division (L)(2) of this section, the department	697
shall make a report of the circumstances that prompted the action.	698
The department shall send a copy of the report to the district	699
superintendent or chief administrator and maintain a copy of the	700
report in its files.	701

(4) If any action taken under division (L)(2) of this section	702
resolves a school district's data reporting problems to the	703
department's satisfaction, the department shall not take any	704
further actions described by that division. If the department	705
withheld funds from the district under that division, the	706
department may release those funds to the district, except that if	707
the department withheld funding under division (L)(2)(c) of this	708
section, the department shall not release the funds withheld under	709
division (L)(2)(b) of this section and, if the department withheld	710
funding under division (L)(2)(d) of this section, the department	711
shall not release the funds withheld under division (L)(2)(b) or	712
(c) of this section.	713

(5) Notwithstanding anything in this section to the contrary,	714
the department may use its own staff or an outside entity to	715
conduct an audit of a school district's data reporting practices	716
any time the department has reason to believe the district has not	717
made a good faith effort to report data as required by this	718
section. If any audit conducted by an outside entity under	719
division (L)(2)(d)(i) or (5) of this section confirms that a	720
district has not made a good faith effort to report data as	721
required by this section, the district shall reimburse the	722
department for the full cost of the audit. The department may	723
withhold state funds due to the district for this purpose.	724

(6) Prior to issuing a revised report card for a school	725
district under division (L)(2)(d)(viii) of this section, the	726
department may hold a hearing to provide the district with an	727
opportunity to demonstrate that it made a good faith effort to	728
report data as required by this section. The hearing shall be	729
conducted by a referee appointed by the department. Based on the	730
information provided in the hearing, the referee shall recommend	731
whether the department should issue a revised report card for the	732
district. If the referee affirms the department's contention that	733
the district did not make a good faith effort to report data as	734
required by this section, the district shall bear the full cost of	735
conducting the hearing and of issuing any revised report card.	736

(7) If the department determines that any inaccurate data	737
reported under this section caused a school district to receive	738
excess state funds in any fiscal year, the district shall	739
reimburse the department an amount equal to the excess funds, in	740
accordance with a payment schedule determined by the department.	741
The department may withhold state funds due to the district for	742
this purpose.	743

(8) Any school district that has funds withheld under	744
division (L)(2) of this section may appeal the withholding in	745
accordance with Chapter 119. of the Revised Code.	746

(9) In all cases of a disagreement between the department and	747
a school district regarding the appropriateness of an action taken	748
under division (L)(2) of this section, the burden of proof shall	749
be on the district to demonstrate that it made a good faith effort	750
to report data as required by this section.	751

(10) The state board of education shall adopt rules under	752
Chapter 119. of the Revised Code to implement division (L) of this	753
section.	754

(M) No information technology center or school district shall	755
acquire, change, or update its student administration software	756
package to manage and report data required to be reported to the	757
department unless it converts to a student software package that	758
is certified by the department.	759

(N) The state board of education, in accordance with sections	760
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	761
license as defined under division (A) of section 3319.31 of the	762
Revised Code that has been issued to any school district employee	763
found to have willfully reported erroneous, inaccurate, or	764
incomplete data to the education management information system.	765

(O) No person shall release or maintain any information about	766
any student in violation of this section. Whoever violates this	767
division is guilty of a misdemeanor of the fourth degree.	768

(P) The department shall disaggregate the data collected	769
under division (B)(1)(n) of this section according to the race and	770
socioeconomic status of the students assessed. No data collected	771
under that division shall be included on the report cards required	772
by section 3302.03 of the Revised Code.	773

(Q) If the department cannot compile any of the information	774
required by division (C)(5) of section 3302.03 of the Revised Code	775
based upon the data collected under this section, the department	776
shall develop a plan and a reasonable timeline for the collection	777
of any data necessary to comply with that division.	778

Sec. 3301.0715. (A) Except as ~~provided in division (E) of~~	779
~~this section~~otherwise required under division (B)(1) of section	780
3313.608 of the Revised Code, the board of education of each city,	781
local, and exempted village school district shall administer each	782
applicable diagnostic assessment developed and provided to the	783
district in accordance with section 3301.079 of the Revised Code	784
to the following:	785

(1) Each student enrolled in a building that has failed to	786
make adequate yearly progress for two or more consecutive school	787
years;	788

(2) Any student who transfers into the district or to a	789
different school within the district if each applicable diagnostic	790
assessment was not administered by the district or school the	791
student previously attended in the current school year, within	792
thirty days after the date of transfer. If the district or school	793
into which the student transfers cannot determine whether the	794
student has taken any applicable diagnostic assessment in the	795
current school year, the district or school may administer the	796
diagnostic assessment to the student.	797

(3) Each kindergarten student, not earlier than four weeks	798
prior to the first day of school and not later than the first day	799
of October. For the purpose of division (A)(3) of this section,	800
the district shall administer the kindergarten readiness	801
assessment provided by the department of education. In no case	802
shall the results of the readiness assessment be used to prohibit	803
a student from enrolling in kindergarten.	804

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

805

(B) Each district board shall administer each diagnostic	806
assessment as the board deems appropriate, provided the	807
administration complies with section 3313.608 of the Revised Code.	808
However, the board shall administer any diagnostic assessment at	809
least once annually to all students in the appropriate grade	810
level. A district board may administer any diagnostic assessment	811
in the fall and spring of a school year to measure the amount of	812
academic growth attributable to the instruction received by	813
students during that school year.	814

(C) Each district board shall utilize and score any	815
diagnostic assessment administered under division (A) of this	816
section in accordance with rules established by the department.	817
~~Except as required by division (B)(1)(n) of section 3301.0714 of~~	818
~~the Revised Code, neither the state board of education nor the~~	819
~~department shall require school districts to report the results of~~	820
~~diagnostic assessments for any students to the department or to~~	821
~~make any such results available in any form to the public.~~ After	822
the administration of any diagnostic assessment, each district	823
shall provide a student's completed diagnostic assessment, the	824
results of such assessment, and any other accompanying documents	825
used during the administration of the assessment to the parent of	826
that student ~~upon the parent's request~~, and shall include all such	827
documents and information in any plan developed for the student	828
under division (C) of section 3313.608 of the Revised Code. Each	829
district shall submit to the department, in the manner the	830
department prescribes, the results of the diagnostic assessments	831
administered under this section, regardless of the type of	832
assessment used under section 3313.608 of the Revised Code. The	833
department may issue reports with respect to the data collected.	834

(D) Each district board shall provide intervention services	835
to students whose diagnostic assessments show that they are	836
failing to make satisfactory progress toward attaining the	837
academic standards for their grade level.	838

(E) ~~Any district that made adequate yearly progress in the~~	839
~~immediately preceding school year may assess student progress in~~	840
~~grades one through three using a diagnostic assessment other than~~	841
~~the diagnostic assessment required by division (A) of this~~	842
~~section.~~	843

~~(F) A district board may administer the third grade English~~	844
~~language arts diagnostic assessment provided to the district in~~	845
~~accordance with section 3301.079 of the Revised Code to any~~	846
~~student enrolled in a building that is not subject to division~~	847
~~(A)(1) of this section. Any district electing to administer the~~	848
~~diagnostic assessment to students under this division shall~~	849
~~provide intervention services to any such student whose diagnostic~~	850
~~assessment shows unsatisfactory progress toward attaining the~~	851
~~academic standards for the student's grade level.~~	852

~~(G)~~ As used in this section, "adequate yearly progress" has	853
the same meaning as in section 3302.01 of the Revised Code.	854

Sec. 3301.0723. (A) The independent contractor engaged by	855
the department of education to create and maintain for school	856
districts and community schools the student data verification	857
codes required by division (D)(2) of section 3301.0714 of the	858
Revised Code ~~shall~~, upon request of the director of any state	859
agency that administers a publicly funded program providing	860
services to children who are younger than compulsory school age,	861
as defined in section 3321.01 of the Revised Code, including the	862
directors of health ~~under section 3701.62 of the Revised Code~~, job	863
and family services, mental health, and developmental	864
disabilities, shall assign a data verification code to a child who	865
is receiving such services ~~under division (A)(2) of section~~	866
~~3701.61 of the Revised Code. The contractor~~and shall provide that	867
code to the director~~, who shall submit it, as specified in section~~	868
~~3701.62 of the Revised Code, to the public school in which the~~	869
~~child will be enrolled for special education and related services~~	870
~~under Chapter 3323. of the Revised Code~~. The contractor also shall	871
provide that code to the department of education.	872

(B) The director of a state agency that receives a child's	873
data verification code under division (A) of this section shall	874
use that code to submit information for that child to the	875
department of education in accordance with section 3301.0714 of	876
the Revised Code.	877

(C) A public school that receives afrom the independent	878
contractor the data verification code for a child ~~from the~~	879
~~director of health~~assigned under division (A) of this section	880
shall not request or assign to that child another data	881
verification code under division (D)(2) of section 3301.0714 of	882
the Revised Code. That school and any other public school in which	883
the child subsequently enrolls shall use the data verification	884
code ~~provided by the director~~assigned under division (A) of this	885
section to report data relative to that student ~~that is~~ required	886
under section 3301.0714 of the Revised Code.	887

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	888
Revised Code:	889

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

890

(1) A child care program for preschool children that is	891
operated by a school district board of education or an eligible	892
nonpublic school.	893

(2) A child care program for preschool children age three or	894
older that is operated by a county DD board.	895

(B) "Preschool child" or "child" means a child who has not	896
entered kindergarten and is not of compulsory school age.	897

(C) "Parent, guardian, or custodian" means the person or	898
government agency that is or will be responsible for a child's	899
school attendance under section 3321.01 of the Revised Code.	900

(D) "Superintendent" means the superintendent of a school	901
district or the chief administrative officer of an eligible	902
nonpublic school.	903

(E) "Director" means the director, head teacher, elementary	904
principal, or site administrator who is the individual on site and	905
responsible for supervision of a preschool program.	906

(F) "Preschool staff member" means a preschool employee whose	907
primary responsibility is care, teaching, or supervision of	908
preschool children.	909

(G) "Nonteaching employee" means a preschool program or	910
school child program employee whose primary responsibilities are	911
duties other than care, teaching, and supervision of preschool	912
children or school children.	913

(H) "Eligible nonpublic school" means a nonpublic school	914
chartered as described in division (B)(8) of section 5104.02 of	915
the Revised Code or chartered by the state board of education for	916
any combination of grades one through twelve, regardless of	917
whether it also offers kindergarten.	918

(I) "County DD board" means a county board of developmental	919
disabilities.	920

(J) "School child program" means a child care program for	921
only school children that is operated by a school district board	922
of education, county DD board, or eligible nonpublic school.	923

(K) "School child" ~~and "child care" have the same meanings as~~	924
~~in section 5104.01 of the Revised Code~~means a child who is	925
enrolled in or is eligible to be enrolled in a grade of	926
kindergarten or above but is less than fifteen years old.	927

(L) "School child program staff member" means an employee	928
whose primary responsibility is the care, teaching, or supervision	929
of children in a school child program.	930

(M) "Child care" means administering to the needs of infants,	931
toddlers, preschool children, and school children outside of	932
school hours by persons other than their parents or guardians,	933
custodians, or relatives by blood, marriage, or adoption for any	934
part of the twenty-four-hour day in a place or residence other	935
than a child's own home.	936

(N) "Child day-care center," "publicly funded child care,"	937
and "school-age child care center" have the same meanings as in	938
section 5104.01 of the Revised Code.	939

Sec. 3301.53. (A) The state board of education, in	940
consultation with the director of job and family services, shall	941
formulate and prescribe by rule adopted under Chapter 119. of the	942
Revised Code minimum standards to be applied to preschool programs	943
operated by school district boards of education, county DD boards,	944
or eligible nonpublic schools. The rules shall include the	945
following:	946

(1) Standards ensuring that the preschool program is located	947
in a safe and convenient facility that accommodates the enrollment	948
of the program, is of the quality to support the growth and	949
development of the children according to the program objectives,	950
and meets the requirements of section 3301.55 of the Revised Code;	951

(2) Standards ensuring that supervision, discipline, and	952
programs will be administered according to established objectives	953
and procedures;	954

(3) Standards ensuring that preschool staff members and	955
nonteaching employees are recruited, employed, assigned,	956
evaluated, and provided inservice education without discrimination	957
on the basis of age, color, national origin, race, or sex; and	958
that preschool staff members and nonteaching employees are	959
assigned responsibilities in accordance with written position	960
descriptions commensurate with their training and experience;	961

(4) A requirement that boards of education intending to	962
establish a preschool program demonstrate a need for a preschool	963
program prior to establishing the program;	964

(5) Requirements that children participating in preschool	965
programs have been immunized to the extent considered appropriate	966
by the state board to prevent the spread of communicable disease;	967

(6) Requirements that the parents of preschool children	968
complete the emergency medical authorization form specified in	969
section 3313.712 of the Revised Code.	970

(B) The state board of education in consultation with the	971
director of job and family services shall ensure that the rules	972
adopted by the state board under sections 3301.52 to 3301.58 of	973
the Revised Code are consistent with and meet or exceed the	974
requirements of Chapter 5104. of the Revised Code with regard to	975
child day-care centers. The state board and the director of job	976
and family services shall review all such rules at least once	977
every five years.	978

(C) The state board of education, in consultation with the	979
director of job and family services, shall adopt rules for school	980
child programs that are consistent with and meet or exceed the	981
requirements of the rules adopted for ~~school~~school-age child	982
~~day-care~~care centers under Chapter 5104. of the Revised Code.	983

Sec. 3301.58. (A) The department of education is responsible	984
for the licensing of preschool programs and school child programs	985
and for the enforcement of sections 3301.52 to 3301.59 of the	986
Revised Code and of any rules adopted under those sections. No	987
school district board of education, county DD board, or eligible	988
nonpublic school shall operate, establish, manage, conduct, or	989
maintain a preschool program without a license issued under this	990
section. A school district board of education, county DD board, or	991
eligible nonpublic school may obtain a license under this section	992
for a school child program. The school district board of	993
education, county DD board, or eligible nonpublic school shall	994
post the ~~current~~ license for each preschool program and licensed	995
school child program it operates, establishes, manages, conducts,	996
or maintains in a conspicuous place in the preschool program or	997
licensed school child program that is accessible to parents,	998
custodians, or guardians and employees and staff members of the	999
program at all times when the program is in operation.	1000

(B) Any school district board of education, county DD board,	1001
or eligible nonpublic school that desires to operate, establish,	1002
manage, conduct, or maintain a preschool program shall apply to	1003
the department of education for a license on a form that the	1004
department shall prescribe by rule. Any school district board of	1005
education, county DD board, or eligible nonpublic school that	1006
desires to obtain a license for a school child program shall apply	1007
to the department for a license on a form that the department	1008
shall prescribe by rule. The department shall provide at no charge	1009
to each applicant for a license under this section a copy of the	1010
requirements under sections 3301.52 to 3301.59 of the Revised Code	1011
and any rules adopted under those sections. ~~The department shall~~	1012
~~mail application forms for the renewal of a license at least one~~	1013
~~hundred twenty days prior to the date of the expiration of the~~	1014
~~license, and the application for renewal of a license shall be~~	1015
~~filed with the department at least sixty days before the date of~~	1016
~~the expiration of the existing license.~~ The department may	1017
establish application fees by rule adopted under Chapter 119. of	1018
the Revised Code, and all applicants for a license shall pay any	1019
fee established by the department at the time of making an	1020
application for a license. All fees collected pursuant to this	1021
section shall be paid into the state treasury to the credit of the	1022
general revenue fund.	1023

(C) Upon the filing of an application for a license, the	1024
department of education shall investigate and inspect the	1025
preschool program or school child program to determine the license	1026
capacity for each age category of children of the program and to	1027
determine whether the program complies with sections 3301.52 to	1028
3301.59 of the Revised Code and any rules adopted under those	1029
sections. When, after investigation and inspection, the department	1030
of education is satisfied that sections 3301.52 to 3301.59 of the	1031
Revised Code and any rules adopted under those sections are	1032
complied with by the applicant, the department of education shall	1033
issue the program a provisional license as soon as practicable in	1034
the form and manner prescribed by the rules of the department. The	1035
provisional license shall be valid for ~~six months~~one year from	1036
the date of issuance unless revoked.	1037

(D) The department of education shall investigate and inspect	1038
a preschool program or school child program that has been issued a	1039
provisional license at least once during operation under the	1040
provisional license. If, after the investigation and inspection,	1041
the department of education determines that the requirements of	1042
sections 3301.52 to 3301.59 of the Revised Code and any rules	1043
adopted under those sections are met by the provisional licensee,	1044
the department of education shall issue the program a license ~~that~~	1045
~~is effective for two years from the date of the issuance of the~~	1046
~~provisional license~~. The license shall remain valid unless revoked	1047
or the program ceases operations.	1048

(E) ~~Upon the filing of an application for the renewal of a~~	1049
~~license by a preschool program or school child program, the~~The	1050
department of education annually shall investigate and inspect ~~the~~	1051
each preschool program or school child program~~. If the department~~	1052
~~of education determines that~~licensed under division (D) of this	1053
section to determine if the requirements of sections 3301.52 to	1054
3301.59 of the Revised Code and any rules adopted under those	1055
sections are met by the ~~applicant, the department of education~~	1056
~~shall renew the license for two years from the date of the~~	1057
~~expiration date of the previous license~~program, and shall notify	1058
the program of the results.	1059

(F) The license or provisional license shall state the name	1060
of the school district board of education, county DD board, or	1061
eligible nonpublic school that operates the preschool program or	1062
school child program and the license capacity of the program. ~~The~~	1063
~~license shall include any other information required by section~~	1064
~~5104.03 of the Revised Code for the license of a child day-care~~	1065
~~center.~~	1066

(G) The department of education may revoke the license of any	1067
preschool program or school child program that is not in	1068
compliance with the requirements of sections 3301.52 to 3301.59 of	1069
the Revised Code and any rules adopted under those sections.	1070

(H) If the department of education revokes a license or	1071
~~refuses to renew a license to a program~~, the department shall not	1072
issue a license to the program within two years from the date of	1073
the revocation ~~or refusal~~. All actions of the department with	1074
respect to licensing preschool programs and school child programs	1075
shall be in accordance with Chapter 119. of the Revised Code.	1076

Sec. 3301.90. The governor shall create the early childhood	1077
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	1078
shall appoint one of its members to serve as chairperson of the	1079
council. The council shall serve as the state advisory council on	1080
early childhood education and care, as described in 42 U.S.C.	1081
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	1082
9837b(b)(1), the council ~~shall advise the state regarding the~~	1083
~~creation and duties of the center for early childhood development~~	1084
~~and~~ shall promote family-centered programs and services that	1085
acknowledge and support the social, emotional, cognitive,	1086
intellectual, and physical development of children and the vital	1087
role of families in ensuring the well-being and success of	1088
children.	1089

Sec. 3301.922. The department of education shall issue an	1090
annual report on the ~~compliance of~~participation by public and	1091
chartered nonpublic schools ~~with~~in the ~~requirements~~option of	1092
~~section~~sections 3313.674, 3314.15, and 3326.26 of the Revised	1093
Code to screen students for body mass index and weight status	1094
category. The department shall include in the report any data	1095
regarding student health and wellness collected ~~by the department~~	1096
in conjunction with those ~~requirements~~sections. The department	1097
shall submit each report to the governor, the general assembly,	1098
and the healthy choices for healthy children council.	1099

Sec. 3301.941. As used in this section, "early childhood	1100
program" means any publicly funded program providing services to	1101
children younger than compulsory school age, as defined in section	1102
3321.01 of the Revised Code.	1103

Student level data records collected and maintained for	1104
purposes of administering early childhood programs shall be	1105
assigned a unique student data verification code in accordance	1106
with division (D)(2) of section 3301.0714 of the Revised Code and	1107
shall be included in the combined data repository authorized by	1108
section 3301.94 of the Revised Code. The department may require	1109
certain personally identifiable student data, including student	1110
names, to be reported to the department for purposes of	1111
administering early childhood programs but not be included in the	1112
combined data repository. The department and each school or center	1113
providing services through an early childhood program that	1114
receives a student level data record, a data verification code, or	1115
other personally identifiable information shall not release that	1116
record, code, or other information to any person except as	1117
provided by section 3319.321 of the Revised Code or the "Family	1118
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	1119
U.S.C. 1232g. Any document relative to an early childhood program	1120
that the department holds in its files that contains a student's	1121
name, data verification code, or other personally identifiable	1122
information shall not be a public record under section 149.43 of	1123
the Revised Code.	1124

Any state agency that administers an early childhood program	1125
may use student data contained in the combined data repository to	1126
conduct research and analysis designed to evaluate the	1127
effectiveness of and investments in that program, in compliance	1128
with the Family Educational Rights and Privacy Act and regulations	1129
promulgated under that act.	1130

Sec. 3302.022. Not later than March 31, 2013, the state board	1131
of education shall adopt performance indicators for dropout	1132
prevention and recovery programs operated by school districts or	1133
community schools for the purposes of the report cards required	1134
under sections 3302.03 and 3314.012 of the Revised Code. The	1135
department shall use those indicators to rate the performance of	1136
an entire district building, or an entire community school, in	1137
which a majority of the students are enrolled in a dropout	1138
prevention and recovery program operated by the district or	1139
community school.	1140

The performance indicators shall measure all of the	1141
following:	1142

(A) The extent to which the district's or school's program	1143
meets each of the applicable performance indicators established	1144
under section 3302.02 of the Revised Code and the number of	1145
applicable performance indicators that have been achieved;	1146

(B) The performance index score of the district's or school's	1147
program;	1148

(C) Student academic growth in English language arts,	1149
mathematics, science, and social studies measured using nationally	1150
normed tests, the assessments prescribed by section 3301.0710 of	1151
the Revised Code, or other assessments approved by the department	1152
of education;	1153

(D) Graduation rate for both of the following student	1154
cohorts:	1155

(1) Percentage of students currently enrolled in a school who	1156
entered ninth grade for the first time five years prior to the	1157
current school year and earned a high school diploma by the	1158
completion of the current school year;	1159

(2) Percentage of students currently enrolled in a school who	1160
entered ninth grade for the first time six years prior to the	1161
current school year and earned a high school diploma by the	1162
completion of the current school year.	1163

Sec. 3302.03. (A) Annually the department of education shall	1164
report for each city, local, and exempted village school district	1165
and each school building in aeach district all of the following:	1166

(1) The extent to which the school district or building meets	1167
each of the applicable performance indicators created by the state	1168
board of education under section 3302.02 of the Revised Code and	1169
the number of applicable performance indicators that have been	1170
achieved;	1171

(2) The performance index score of the school district or	1172
building;	1173

(3) Whether the school district or building has made adequate	1174
yearly progress;	1175

(4) Whether the school district or building is excellent,	1176
effective, needs continuous improvement, is under an academic	1177
watch, or is in a state of academic emergency.	1178

(B) Except as otherwise provided in division (B)(6) of this	1179
section:	1180

(1) A school district or building shall be declared excellent	1181
if it meets at least ninety-four per cent of the applicable state	1182
performance indicators or has a performance index score	1183
established by the department, except that if it does not make	1184
adequate yearly progress for two or more of the same subgroups for	1185
three or more consecutive years, it shall be declared effective.	1186

(2) A school district or building shall be declared effective	1187
if it meets at least seventy-five per cent but less than	1188
ninety-four per cent of the applicable state performance	1189
indicators or has a performance index score established by the	1190
department, except that if it does not make adequate yearly	1191
progress for two or more of the same subgroups for three or more	1192
consecutive years, it shall be declared in need of continuous	1193
improvement.	1194

(3) A school district or building shall be declared to be in	1195
need of continuous improvement if it fulfills one of the following	1196
requirements:	1197

(a) It makes adequate yearly progress, meets less than	1198
seventy-five per cent of the applicable state performance	1199
indicators, and has a performance index score established by the	1200
department.	1201

(b) It does not make adequate yearly progress and either	1202
meets at least fifty per cent but less than seventy-five per cent	1203
of the applicable state performance indicators or has a	1204
performance index score established by the department.	1205

(4) A school district or building shall be declared to be	1206
under an academic watch if it does not make adequate yearly	1207
progress and either meets at least thirty-one per cent but less	1208
than fifty per cent of the applicable state performance indicators	1209
or has a performance index score established by the department.	1210

(5) A school district or building shall be declared to be in	1211
a state of academic emergency if it does not make adequate yearly	1212
progress, does not meet at least thirty-one per cent of the	1213
applicable state performance indicators, and has a performance	1214
index score established by the department.	1215

(6) Division (B)(6) of this section does not apply to any	1216
community school established under Chapter 3314. of the Revised	1217
Code in which a majority of the students are enrolled in a dropout	1218
prevention and recovery program.	1219

A school district or building shall not be assigned a higher	1220
performance rating than in need of continuous improvement if at	1221
least ten per cent but not more than fifteen per cent of the	1222
enrolled students do not take all achievement assessments	1223
prescribed for their grade level under division (A)(1) or (B)(1)	1224
of section 3301.0710 of the Revised Code from which they are not	1225
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1226
the Revised Code. A school district or building shall not be	1227
assigned a higher performance rating than under an academic watch	1228
if more than fifteen per cent but not more than twenty per cent of	1229
the enrolled students do not take all achievement assessments	1230
prescribed for their grade level under division (A)(1) or (B)(1)	1231
of section 3301.0710 of the Revised Code from which they are not	1232
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1233
the Revised Code. A school district or building shall not be	1234
assigned a higher performance rating than in a state of academic	1235
emergency if more than twenty per cent of the enrolled students do	1236
not take all achievement assessments prescribed for their grade	1237
level under division (A)(1) or (B)(1) of section 3301.0710 of the	1238
Revised Code from which they are not excused pursuant to division	1239
(C)(1) or (3) of section 3301.0711 of the Revised Code.	1240

(C)(1) The department shall issue annual report cards for	1241
each city, local, and exempted village school district, each	1242
building within each district, and for the state as a whole	1243
reflecting performance on the indicators created by the state	1244
board under section 3302.02 of the Revised Code, the performance	1245
index score, and adequate yearly progress.	1246

(2) The department shall include on the report card for each	1247
city, local, and exempted village school district information	1248
pertaining to any change from the previous year made by the school	1249
district or school buildings within the district on any	1250
performance indicator.	1251

(3) When reporting data on student performance, the	1252
department shall disaggregate that data according to the following	1253
categories:	1254

(a) Performance of students by age group;

1255

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

1256

1257

(d) Performance of students grouped by those who have been	1258
enrolled in a district or school for three or more years;	1259

(e) Performance of students grouped by those who have been	1260
enrolled in a district or school for more than one year and less	1261
than three years;	1262

(f) Performance of students grouped by those who have been	1263
enrolled in a district or school for one year or less;	1264

(g) Performance of students grouped by those who are	1265
economically disadvantaged;	1266

(h) Performance of students grouped by those who are enrolled	1267
in a conversion community school established under Chapter 3314.	1268
of the Revised Code;	1269

(i) Performance of students grouped by those who are	1270
classified as limited English proficient;	1271

(j) Performance of students grouped by those who have	1272
disabilities;	1273

(k) Performance of students grouped by those who are	1274
classified as migrants;	1275

(l) Performance of students grouped by those who are	1276
identified as gifted pursuant to Chapter 3324. of the Revised	1277
Code.	1278

The department may disaggregate data on student performance	1279
according to other categories that the department determines are	1280
appropriate. To the extent possible, the department shall	1281
disaggregate data on student performance according to any	1282
combinations of two or more of the categories listed in divisions	1283
(C)(3)(a) to (l) of this section that it deems relevant.	1284

In reporting data pursuant to division (C)(3) of this	1285
section, the department shall not include in the report cards any	1286
data statistical in nature that is statistically unreliable or	1287
that could result in the identification of individual students.	1288
For this purpose, the department shall not report student	1289
performance data for any group identified in division (C)(3) of	1290
this section that contains less than ten students.	1291

(4) The department may include with the report cards any	1292
additional education and fiscal performance data it deems	1293
valuable.	1294

(5) The department shall include on each report card a list	1295
of additional information collected by the department that is	1296
available regarding the district or building for which the report	1297
card is issued. When available, such additional information shall	1298
include student mobility data disaggregated by race and	1299
socioeconomic status, college enrollment data, and the reports	1300
prepared under section 3302.031 of the Revised Code.	1301

The department shall maintain a site on the world wide web.	1302
The report card shall include the address of the site and shall	1303
specify that such additional information is available to the	1304
public at that site. The department shall also provide a copy of	1305
each item on the list to the superintendent of each school	1306
district. The district superintendent shall provide a copy of any	1307
item on the list to anyone who requests it.	1308

(6)~~(a) This division does not apply to conversion community~~	1309
~~schools that primarily enroll students between sixteen and~~	1310
~~twenty-two years of age who dropped out of high school or are at~~	1311
~~risk of dropping out of high school due to poor attendance,~~	1312
~~disciplinary problems, or suspensions.~~	1313

~~For~~(a) On the report card issued under this section or	1314
section 3302.033 of the Revised Code, for any city, local,	1315
exempted village, or joint vocational school district that	1316
sponsors a ~~conversion~~ community school under Chapter 3314. of the	1317
Revised Code, the department shall combine data regarding the	1318
academic performance of students enrolled in the community school	1319
with comparable data from the schools of the district for the	1320
purpose of calculating the performance of the district as a whole	1321
~~on the report card issued for the district~~and shall include the	1322
students attending the community school in the district's average	1323
daily student enrollment.	1324

(b) Any city, local, exempted village, or joint vocational	1325
school district that leases a building to a community school	1326
located in the district or that enters into an agreement with a	1327
community school located in the district whereby the district and	1328
the school endorse each other's programs may elect to have data	1329
regarding the academic performance of students enrolled in the	1330
community school combined with comparable data from the schools of	1331
the district for the purpose of calculating the performance of the	1332
district as a whole on the district report card. Any district that	1333
so elects shall annually file a copy of the lease or agreement	1334
with the department.	1335

(7) The department shall include on each report card the	1336
percentage of teachers in the district or building who are highly	1337
qualified, as defined by the "No Child Left Behind Act of 2001,"	1338
and a comparison of that percentage with the percentages of such	1339
teachers in similar districts and buildings.	1340

(8) The department shall include on the report card the	1341
number of lead teachers employed by each district and each	1342
building once the data is available from the education management	1343
information system established under section 3301.0714 of the	1344
Revised Code.	1345

(D)(1) In calculating English language arts, mathematics,	1346
social studies, or science assessment passage rates used to	1347
determine school district or building performance under this	1348
section, the department shall include all students taking an	1349
assessment with accommodation or to whom an alternate assessment	1350
is administered pursuant to division (C)(1) or (3) of section	1351
3301.0711 of the Revised Code.	1352

(2) In calculating performance index scores, rates of	1353
achievement on the performance indicators established by the state	1354
board under section 3302.02 of the Revised Code, and adequate	1355
yearly progress for school districts and buildings under this	1356
section, the department shall do all of the following:	1357

(a) Include for each district or building only those students	1358
who are included in the ADM certified for the first full school	1359
week of October and are continuously enrolled in the district or	1360
building through the time of the spring administration of any	1361
assessment prescribed by division (A)(1) or (B)(1) of section	1362
3301.0710 of the Revised Code that is administered to the	1363
student's grade level;	1364

(b) Include cumulative totals from both the fall and spring	1365
administrations of the third grade English language arts	1366
achievement assessment;	1367

(c) Except as required by the "No Child Left Behind Act of	1368
2001" for the calculation of adequate yearly progress, exclude for	1369
each district or building any limited English proficient student	1370
who has been enrolled in United States schools for less than one	1371
full school year.	1372

Sec. 3302.032. (A) Not later than December 31, 2011, the	1373
state board of education shall establish a measure of the	1374
following:	1375

(1) Student success in meeting the benchmarks contained in	1376
the physical education standards adopted under division (A)(3) of	1377
section 3301.079 of the Revised Code;	1378

(2) Compliance with the requirements for local wellness	1379
policies prescribed by section 204 of the "Child Nutrition and WIC	1380
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	1381

(3) Whether a school district or building ~~is complying with~~	1382
~~section~~has elected to administer the screenings authorized by	1383
sections 3313.674, 3314.15, and 3326.26 of the Revised Code	1384
~~instead of operating under a waiver from the requirements of that~~	1385
~~section~~;	1386

(4) Whether a school district or building is participating in	1387
the physical activity pilot program administered under section	1388
3313.6016 of the Revised Code.	1389

(B) The measure shall be included on the school district and	1390
building report cards issued under section 3302.03 of the Revised	1391
Code, beginning with the report cards issued for the 2012-2013	1392
school year, but it shall not be a factor in the performance	1393
ratings issued under that section.	1394

(C) The department of education may accept, receive, and	1395
expend gifts, devises, or bequests of money for the purpose of	1396
establishing the measure required by this section.	1397

Sec. 3302.033. The state board of education, in consultation	1398
with the chancellor of the Ohio board of regents and any office	1399
within the office of the governor concerning workforce	1400
development, shall approve a report card for joint vocational	1401
school districts and for other career-technical planning districts	1402
that are not joint vocational school districts. The state board	1403
shall submit details of the approved report card to the governor,	1404
the speaker of the house of representatives, the president of the	1405
senate, and the chairpersons of the standing committees of the	1406
house of representatives and the senate principally responsible	1407
for education policy. The department of education annually shall	1408
issue a report card for each joint vocational school district and	1409
career-technical planning district, beginning with report cards	1410
for the 2012-2013 school year to be published not later than	1411
September 1, 2013.	1412

As used in this section, "career-technical planning district"	1413
means a school district or group of school districts designated by	1414
the department as being responsible for the planning for and	1415
provision of career-technical education services to students	1416
within the district or group.	1417

Sec. 3302.042. (A) This section shall operate as a pilot	1418
project that applies to any school that has been ranked according	1419
to performance index score under section 3302.21 of the Revised	1420
Code in the lowest five per cent of all public school buildings	1421
statewide for three or more consecutive school years and is	1422
operated by the Columbus city school district. The pilot project	1423
shall commence once the department of education establishes	1424
implementation guidelines for the pilot project in consultation	1425
with the Columbus city school district.	1426

(B) Except as provided in division (D), (E), or (F) of this	1427
section, if the parents or guardians of at least fifty per cent of	1428
the students enrolled in a school to which this section applies,	1429
or if the parents or guardians of at least fifty per cent of the	1430
total number of students enrolled in that school and the schools	1431
of lower grade levels whose students typically matriculate into	1432
that school, by the thirty-first day of December of any school	1433
year in which the school is subject to this section, sign and file	1434
with the school district treasurer a petition requesting the	1435
district board of education to implement one of the following	1436
reforms in the school, and if the validity and sufficiency of the	1437
petition is certified in accordance with division (C) of this	1438
section, the board shall implement the requested reform in the	1439
next school year:	1440

(1) Reopen the school as a community school under Chapter	1441
3314. of the Revised Code;	1442

(2) Replace at least seventy per cent of the school's	1443
personnel who are related to the school's poor academic	1444
performance or, at the request of the petitioners, retain not more	1445
than thirty per cent of the personnel;	1446

(3) Contract with another school district or a nonprofit or	1447
for-profit entity with a demonstrated record of effectiveness to	1448
operate the school;	1449

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

1450

(5) Any other major restructuring of the school that makes	1451
fundamental reforms in the school's staffing or governance.	1452

(C) Not later than thirty days after receipt of a petition	1453
under division (B) of this section, the district treasurer shall	1454
verify the validity and sufficiency of the signatures on the	1455
petition and certify to the district board whether the petition	1456
contains the necessary number of valid signatures to require the	1457
board to implement the reform requested by the petitioners. If the	1458
treasurer certifies to the district board that the petition does	1459
not contain the necessary number of valid signatures, any person	1460
who signed the petition may file an appeal with the county auditor	1461
within ten days after the certification. Not later than thirty	1462
days after the filing of an appeal, the county auditor shall	1463
conduct an independent verification of the validity and	1464
sufficiency of the signatures on the petition and certify to the	1465
district board whether the petition contains the necessary number	1466
of valid signatures to require the board to implement the	1467
requested reform. If the treasurer or county auditor certifies	1468
that the petition contains the necessary number of valid	1469
signatures, the district board shall notify the superintendent of	1470
public instruction and the state board of education of the	1471
certification.	1472

(D) The district board shall not implement the reform	1473
requested by the petitioners in any of the following	1474
circumstances:	1475

(1) The district board has determined that the request is for	1476
reasons other than improving student academic achievement or	1477
student safety.	1478

(2) The state superintendent has determined that	1479
implementation of the requested reform would not comply with the	1480
model of differentiated accountability described in section	1481
3302.041 of the Revised Code.	1482

(3) The petitioners have requested the district board to	1483
implement the reform described in division (B)(4) of this section	1484
and the department has not agreed to take over the school's	1485
operation.	1486

(4) When all of the following have occurred:

1487

(a) After a public hearing on the matter, the district board	1488
issued a written statement explaining the reasons that it is	1489
unable to implement the requested reform and agreeing to implement	1490
one of the other reforms described in division (B) of this	1491
section.	1492

(b) The district board submitted its written statement to the	1493
state superintendent and the state board along with evidence	1494
showing how the alternative reform the district board has agreed	1495
to implement will enable the school to improve its academic	1496
performance.	1497

(c) Both the state superintendent and the state board have	1498
approved implementation of the alternative reform.	1499

(E) If the provisions of this section conflict in any way	1500
with the requirements of federal law, federal law shall prevail	1501
over the provisions of this section.	1502

(F) If a school is restructured under this section, section	1503
3302.10 or 3302.12 of the Revised Code, or federal law, the school	1504
shall not be required to restructure again under state law for	1505
three consecutive years after the implementation of that prior	1506
restructuring.	1507

(G) Beginning not later than six months after the first	1508
petition under this section has been resolved, the department of	1509
education shall annually evaluate the pilot program and submit a	1510
report to the general assembly under section 101.68 of the Revised	1511
Code. Such reports shall contain its recommendations to the	1512
general assembly with respect to the continuation of the pilot	1513
program, its expansion to other school districts, or the enactment	1514
of further legislation establishing the program statewide under	1515
permanent law.	1516

Sec. 3302.12. (A) ~~For~~Except as provided in divisions (C)	1517
and (D) of this section, for any school building that is ranked	1518
according to performance index score under section 3302.21 of the	1519
Revised Code in the lowest five per cent of all public school	1520
buildings statewide for three consecutive years and is declared to	1521
be under an academic watch or in a state of academic emergency	1522
under section 3302.03 of the Revised Code, the district board of	1523
education shall do one of the following at the conclusion of the	1524
school year in which the building first becomes subject to this	1525
division:	1526

(1) Close the school and direct the district superintendent	1527
to reassign the students enrolled in the school to other school	1528
buildings that demonstrate higher academic achievement;	1529

(2) Contract with another school district or a nonprofit or	1530
for-profit entity with a demonstrated record of effectiveness to	1531
operate the school;	1532

(3) Replace the principal and all teaching staff of the	1533
school and, upon request from the new principal, exempt the school	1534
from all requested policies and regulations of the board regarding	1535
curriculum and instruction. The board also shall distribute	1536
funding to the school in an amount that is at least equal to the	1537
product of the per pupil amount of state and local revenues	1538
received by the district multiplied by the student population of	1539
the school.	1540

(4) Reopen the school as a conversion community school under	1541
Chapter 3314. of the Revised Code.	1542

(B) If an action taken by the board under division (A) of	1543
this section causes the district to no longer maintain all grades	1544
kindergarten through twelve, as required by section 3311.29 of the	1545
Revised Code, the board shall enter into a contract with another	1546
school district pursuant to section 3327.04 of the Revised Code	1547
for enrollment of students in the schools of that other district	1548
to the extent necessary to comply with the requirement of section	1549
3311.29 of the Revised Code. Notwithstanding any provision of the	1550
Revised Code to the contrary, if the board enters into and	1551
maintains a contract under section 3327.04 of the Revised Code,	1552
the district shall not be considered to have failed to comply with	1553
the requirement of section 3311.29 of the Revised Code. If,	1554
however, the district board fails to or is unable to enter into or	1555
maintain such a contract, the state board of education shall take	1556
all necessary actions to dissolve the district as provided in	1557
division (A) of section 3311.29 of the Revised Code.	1558

(C) If a particular school is required to restructure under	1559
this section and a petition with respect to that same school has	1560
been filed and verified under divisions (B) and (C) of section	1561
3302.042 of the Revised Code, the provisions of that section and	1562
the petition filed and verified under it shall prevail over the	1563
provisions of this section and the school shall be restructured	1564
under that section. However, if division (D)(1), (2), or (3) of	1565
section 3302.042 of the Revised Code also applies to the school,	1566
the school shall be subject to restructuring under this section	1567
and not section 3302.042 of the Revised Code.	1568

If the provisions of this section conflict in any way with	1569
the requirements of federal law, federal law shall prevail over	1570
the provisions of this section.	1571

(D) If a school is restructured under this section, section	1572
3302.042 or 3302.10 of the Revised Code, or federal law, the	1573
school shall not be required to restructure again under state law	1574
for three consecutive years after the implementation of that prior	1575
restructuring.	1576

Sec. 3302.20. (A) The department of education shall develop	1577
standards for determining, from the existing data reported in	1578
accordance with sections 3301.0714 and 3314.17 of the Revised	1579
Code, the amount of annual operating expenditures for classroom	1580
instructional purposes and for nonclassroom purposes for each	1581
city, exempted village, local, and joint vocational school	1582
district, each community school established under Chapter 3314.	1583
that is not an internet- or computer-based community school, each	1584
internet- or computer-based community school, and each STEM school	1585
established under Chapter 3326. of the Revised Code. Not later	1586
than January 1, ~~2012~~2013, the department shall present those	1587
standards to the state board of education for consideration. In	1588
developing the standards, the department shall adapt existing	1589
standards used by professional organizations, research	1590
organizations, and other state governments. The department also	1591
shall align the expenditure categories required for reporting	1592
under the standards with the categories that are required for	1593
reporting to the United States department of education under	1594
federal law.	1595

The state board shall consider the proposed standards and	1596
adopt a final set of standards not later than July 1, ~~2012~~2013.	1597

(B)(1) The department shall categorize all city, exempted	1598
village, and local school districts into not less than three nor	1599
more than five groups based primarily on average daily student	1600
enrollment as reported on the most recent report card issued for	1601
each district under section 3302.03 of the Revised Code.	1602

(2) The department shall categorize all joint vocational	1603
school districts into not less than three nor more than five	1604
groups based primarily on average daily membership as reported	1605
under division (D) of section 3317.03 of the Revised Code rounded	1606
to the nearest whole number.	1607

(3) The department shall categorize all community schools	1608
that are not internet- or computer-based community schools into	1609
not less than three nor more than five groups based primarily on	1610
average daily student enrollment as reported on the most recent	1611
report card issued for each community school under sections	1612
3302.03 and 3314.012 of the Revised Code.	1613

(4) The department shall categorize all internet- or	1614
computer-based community schools into a single category.	1615

(5) The department shall categorize all STEM schools into a	1616
single category.	1617

(C) Using the standards adopted under division (A) of this	1618
section and the data reported under sections 3301.0714 and 3314.17	1619
of the Revised Code, the department shall compute~~, for fiscal~~	1620
~~years 2008 through 2012, and~~ annually for each fiscal year	1621
~~thereafter~~, the following:	1622

(1) The percentage of each district's, community school's, or	1623
STEM school's total operating budget spent for classroom	1624
instructional purposes;	1625

(2) The statewide average percentage for all districts,	1626
community schools, and STEM schools combined spent for classroom	1627
instructional purposes;	1628

(3) The average percentage for each of the categories of	1629
districts and schools established under division (B) of this	1630
section spent for classroom instructional purposes;	1631

(4) The ranking of each district, community school, or STEM	1632
school within its respective category established under division	1633
(B) of this section according to the following:	1634

(a) From highest to lowest percentage spent for classroom	1635
instructional purposes;	1636

(b) From lowest to highest percentage spent for	1637
noninstructional purposes.	1638

(D) In its display of rankings within each category under	1639
division (C)(4) of this section, the department shall make the	1640
following notations:	1641

(1) Within each category of city, exempted village, and local	1642
school districts, the department shall denote each district that	1643
is:	1644

(a) Among the twenty per cent of all city, exempted village,	1645
and local school districts statewide with the lowest total	1646
operating expenditures per pupil;	1647

(b) Among the twenty per cent of all city, exempted village,	1648
and local school districts statewide with the highest performance	1649
index scores.	1650

(2) Within each category of joint vocational school	1651
districts, the department shall denote each district that is:	1652

(a) Among the twenty per cent of all joint vocational school	1653
districts statewide with the lowest total operating expenditures	1654
per pupil;	1655

(b) Among the twenty per cent of all joint vocational school	1656
districts statewide with the highest ~~performance measures required~~	1657
~~for career-technical education under 20 U.S.C. 2323, as ranked~~	1658
report card scores under ~~division (A)(3) of~~ section ~~3302.21~~	1659
3302.033 of the Revised Code.	1660

(3) Within each category of community schools that are not	1661
internet- or computer-based community schools, the department	1662
shall denote each school that is:	1663

(a) Among the twenty per cent of all such community schools	1664
statewide with the lowest total operating expenditures per pupil;	1665

(b) Among the twenty per cent of all such community schools	1666
statewide with the highest performance index scores.	1667

(4) Within the category of internet- or computer-based	1668
community schools, the department shall denote each school that	1669
is:	1670

(a) Among the twenty per cent of all such community schools	1671
statewide with the lowest total operating expenditures per pupil;	1672

(b) Among the twenty per cent of all such community schools	1673
statewide with the highest performance index scores.	1674

(5) Within the category of STEM schools, the department shall	1675
denote each school that is:	1676

(a) Among the twenty per cent of all STEM schools statewide	1677
with the lowest total operating expenditures per pupil;	1678

(b) Among the twenty per cent of all STEM schools statewide	1679
with the highest performance index scores.	1680

(E) The department shall post in a prominent location on its	1681
web site the information prescribed by divisions (C) and (D) of	1682
this section. The department also shall include on each	1683
district's, community school's, and STEM school's annual report	1684
card issued under section 3302.03 of the Revised Code the	1685
respective information computed for the district or school under	1686
divisions (C)(1) and (4) of this section, the statewide	1687
information computed under division (C)(2) of this section, and	1688
the information computed for the district's or school's category	1689
under division (C)(3) of this section.	1690

(F) As used in this section:

1691

(1) "Internet- or computer-based community school" has the	1692
same meaning as in section 3314.02 of the Revised Code.	1693

(2) A school district's, community school's, or STEM school's	1694
performance index score rank is its performance index score rank	1695
as computed under section 3302.21 of the Revised Code.	1696

Sec. 3302.21. (A) The department of education shall develop	1697
a system to rank order all city, exempted village, and local~~, and~~	1698
~~joint vocational~~ school districts, community schools established	1699
under Chapter 3314., and STEM schools established under Chapter	1700
3326. of the Revised Code according to the following measures:	1701

(1) Performance index score for each school district,	1702
community school, and STEM school and for each separate building	1703
of a district, community school, or STEM school. For districts,	1704
schools, or buildings to which the performance index score does	1705
not apply, the superintendent of public instruction shall develop	1706
another measure of student academic performance and use that	1707
measure to include those buildings in the ranking so that all	1708
districts, schools, and buildings may be reliably compared to each	1709
other.	1710

(2) Student performance growth from year to year, using the	1711
value-added progress dimension, if applicable, and other measures	1712
of student performance growth designated by the superintendent of	1713
public instruction for subjects and grades not covered by the	1714
value-added progress dimension;	1715

(3) ~~Performance measures required for career-technical~~	1716
~~education under 20 U.S.C. 2323, if applicable. If a school~~	1717
~~district is a "VEPD" or "lead district" as those terms are defined~~	1718
~~in section 3317.023 of the Revised Code, the district's ranking~~	1719
~~shall be based on the performance of career-technical students~~	1720
~~from that district and all other districts served by that~~	1721
~~district, and such fact, including the identity of the other~~	1722
~~districts served by that district, shall be noted on the report~~	1723
~~required by division (B) of this section.~~	1724

~~(4)~~ Current operating expenditures per pupil as determined	1725
under standards adopted by the state board of education under	1726
section 3302.20 of the Revised Code;	1727

~~(5)~~(4) Of total current operating expenditures, percentage	1728
spent for classroom instruction as determined under standards	1729
adopted by the state board ~~of education~~under section 3302.20 of	1730
the Revised Code;	1731

~~(6)~~(5) Performance of, and opportunities provided to,	1732
students identified as gifted using value-added progress	1733
dimensions, if applicable, and other relevant measures as	1734
designated by the superintendent of public instruction.	1735

The department shall rank each district, community school,	1736
and STEM school annually in accordance with the system developed	1737
under this section.	1738

(B) In addition to the reports required by sections 3302.03	1739
and 3302.031 of the Revised Code, not later than the first day of	1740
September each year, the department shall issue a report for each	1741
city, exempted village, and local~~, and joint vocational~~ school	1742
district, each community school, and each STEM school indicating	1743
the district's or school's rank on each measure described in	1744
divisions (A)(1) to ~~(5)~~(4) of this section, including each	1745
separate building's rank among all public school buildings	1746
according to performance index score under division (A)(1) of this	1747
section.	1748

Sec. 3302.25. (A) In accordance with standards prescribed by	1749
the state board of education for categorization of school district	1750
expenditures adopted under division (A) of section 3302.20 of the	1751
Revised Code, the department of education annually shall determine	1752
all of the following for the previous fiscal year:	1753

(1) For each school district, the ratio of the district's	1754
operating expenditures for classroom instructional purposes	1755
compared to its operating expenditures for ~~administrative~~	1756
nonclassroom purposes;	1757

(2) For each school district, the per pupil amount of the	1758
district's expenditures for classroom instructional purposes;	1759

(3) For each school district, the per pupil amount of the	1760
district's operating expenditures for ~~administrative~~nonclassroom	1761
purposes;	1762

(4) For each school district, the percentage of the	1763
district's operating expenditures attributable to school district	1764
funds;	1765

(5) The statewide average among all school districts for each	1766
of the items described in divisions (A)(1) to (4) of this section.	1767

(B) The department annually shall submit a report to each	1768
school district indicating the district's information for each of	1769
the items described in divisions (A)(1) to (4) of this section and	1770
the statewide averages described in division (A)(5) of this	1771
section.	1772

(C) Each school district, upon receipt of the report	1773
prescribed by division (B) of this section, shall publish the	1774
information contained in that report in a prominent location on	1775
the district's web site and publish the report in another fashion	1776
so that it is available to all parents of students enrolled in the	1777
district and to taxpayers of the district.	1778

Sec. 3302.41. As used in this section, "blended learning"	1779
has the same meaning as in section 3301.079 of the Revised Code.	1780

(A) Any local, city, exempted village, or joint vocational	1781
school district, community school established under Chapter 3314.	1782
of the Revised Code, STEM school established under Chapter 3326.	1783
of the Revised Code, or college-preparatory boarding school	1784
established under Chapter 3328. of the Revised Code may operate	1785
all or part of a school using a blended learning model. If a	1786
school is operated using a blended learning model or is to cease	1787
operating using a blended learning model, the superintendent of	1788
the school or district or director of the school shall notify the	1789
department of education of that fact not later than the first day	1790
of July of the school year for which the change is effective. If	1791
any school is already operated using a blended learning model on	1792
the effective date of this section, the superintendent of the	1793
school or district may notify the department within ninety days	1794
after the effective date of this section of that fact and request	1795
that the school be classified as a blended learning school.	1796

(B) The state board of education shall adopt standards for	1797
the operation of blended learning classrooms under this section	1798
that provide for all of the following:	1799

(1) Student-to-teacher ratios whereby no school or classroom	1800
is required to have more than one teacher for every one hundred	1801
twenty-five students in blended learning classrooms;	1802

(2) The extent to which the school is or is not obligated to	1803
provide students with access to digital learning tools;	1804

(3) The ability of all students, at any grade level, to earn	1805
credits or advance grade levels upon demonstrating mastery of	1806
knowledge or skills through competency-based learning models.	1807
Credits or grade level advancement shall not be based on a minimum	1808
number of days or hours in a classroom.	1809

(4) An exemption from minimum school year or school day	1810
requirements in sections 3313.48 and 3313.481 of the Revised Code;	1811

(5) Adequate provisions for: the licensing of teachers,	1812
administrators, and other professional personnel and their	1813
assignment according to training and qualifications; efficient and	1814
effective instructional materials and equipment, including library	1815
facilities; the proper organization, administration, and	1816
supervision of each school, including regulations for preparing	1817
all necessary records and reports and the preparation of a	1818
statement of policies and objectives for each school; buildings,	1819
grounds, and health and sanitary facilities and services;	1820
admission of pupils, and such requirements for their promotion	1821
from grade to grade as will ensure that they are capable and	1822
prepared for the level of study to which they are certified;	1823
requirements for graduation; and such other factors as the board	1824
finds necessary.	1825

(C) An internet- or computer-based community school, as	1826
defined in section 3314.02 of the Revised Code, is not a blended	1827
learning school authorized under this section. Nor does this	1828
section affect any provisions for the operation of and payments to	1829
an internet- or computer-based community school prescribed in	1830
Chapter 3314. of the Revised Code.	1831

Sec. 3310.03. A student is an "eligible student" for	1832
purposes of the educational choice scholarship pilot program if	1833
the student's resident district is not a school district in which	1834
the pilot project scholarship program is operating under sections	1835
3313.974 to 3313.979 of the Revised Code and the student satisfies	1836
one of the conditions in division (A) or, (B), or (C) of this	1837
section:	1838

(A)(1) The student is enrolled in a school building that is	1839
operated by the student's resident district and to which both of	1840
the following apply:	1841

(a) The building was declared, in at least two of the three	1842
most recent ratings of school buildings published prior to the	1843
first day of July of the school year for which a scholarship is	1844
sought, to be in a state of academic emergency or academic watch	1845
under section 3302.03 of the Revised Code;	1846

(b) The building was not declared to be excellent or	1847
effective under that section in the most recent rating published	1848
prior to the first day of July of the school year for which a	1849
scholarship is sought.	1850

(2) The student is eligible to enroll in kindergarten in the	1851
school year for which a scholarship is sought and otherwise would	1852
be assigned under section 3319.01 of the Revised Code to a school	1853
building described in division (A)(1) of this section.	1854

(3) The student is enrolled in a community school established	1855
under Chapter 3314. of the Revised Code but otherwise would be	1856
assigned under section 3319.01 of the Revised Code to a building	1857
described in division (A)(1) of this section.	1858

(4) The student is enrolled in a school building that is	1859
operated by the student's resident district or in a community	1860
school established under Chapter 3314. of the Revised Code and	1861
otherwise would be assigned under section 3319.01 of the Revised	1862
Code to a school building described in division (A)(1) of this	1863
section in the school year for which the scholarship is sought.	1864

(5) The student is eligible to enroll in kindergarten in the	1865
school year for which a scholarship is sought, or is enrolled in a	1866
community school established under Chapter 3314. of the Revised	1867
Code, and all of the following apply to the student's resident	1868
district:	1869

(a) The district has in force an intradistrict open	1870
enrollment policy under which no student in kindergarten or the	1871
community school student's grade level, respectively, is	1872
automatically assigned to a particular school building;	1873

(b) In at least two of the three most recent ratings of	1874
school districts published prior to the first day of July of the	1875
school year for which a scholarship is sought, the district was	1876
declared to be in a state of academic emergency under section	1877
3302.03 of the Revised Code;	1878

(c) The district was not declared to be excellent or	1879
effective under that section in the most recent rating published	1880
prior to the first day of July of the school year for which a	1881
scholarship is sought.	1882

(B)(1) The student is enrolled in a school building that is	1883
operated by the student's resident district and to which both of	1884
the following apply:	1885

(a) The building was ranked, for at least two of the three	1886
most recent rankings published under section 3302.21 of the	1887
Revised Code prior to the first day of July of the school year for	1888
which a scholarship is sought, in the lowest ten per cent of all	1889
public school buildings according to performance index score under	1890
section 3302.21 of the Revised Code.	1891

(b) The building was not declared to be excellent or	1892
effective under section 3302.03 of the Revised Code in the most	1893
recent rating published prior to the first day of July of the	1894
school year for which a scholarship is sought.	1895

(2) The student is eligible to enroll in kindergarten in the	1896
school year for which a scholarship is sought and otherwise would	1897
be assigned under section 3319.01 of the Revised Code to a school	1898
building described in division (B)(1) of this section.	1899

(3) The student is enrolled in a community school established	1900
under Chapter 3314. of the Revised Code but otherwise would be	1901
assigned under section 3319.01 of the Revised Code to a building	1902
described in division (B)(1) of this section.	1903

(4) The student is enrolled in a school building that is	1904
operated by the student's resident district or in a community	1905
school established under Chapter 3314. of the Revised Code and	1906
otherwise would be assigned under section 3319.01 of the Revised	1907
Code to a school building described in division (B)(1) of this	1908
section in the school year for which the scholarship is sought.	1909

(C) The student is enrolled in a nonpublic school at the time	1910
the school is granted a charter by the state board of education	1911
under section 3301.16 of the Revised Code and the student meets	1912
the standards of division (B) of section 3302.031 of the Revised	1913
Code.	1914

(D) A student who receives a scholarship under the	1915
educational choice scholarship pilot program remains an eligible	1916
student and may continue to receive scholarships in subsequent	1917
school years until the student completes grade twelve, so long as	1918
all of the following apply:	1919

(1) The student's resident district remains the same, or the	1920
student transfers to a new resident district and otherwise would	1921
be assigned in the new resident district to a school building	1922
described in division (A)(1) or (B)(1) of this section;	1923

(2) The student takes each assessment prescribed for the	1924
student's grade level under section 3301.0710 or 3301.0712 of the	1925
Revised Code while enrolled in a chartered nonpublic school;	1926

(3) In each school year that the student is enrolled in a	1927
chartered nonpublic school, the student is absent from school for	1928
not more than twenty days that the school is open for instruction,	1929
not including excused absences.	1930

~~(D)~~(E)(1) The department shall cease awarding first-time	1931
scholarships pursuant to divisions (A)(1) to (4) of this section	1932
with respect to a school building that, in the most recent ratings	1933
of school buildings published under section 3302.03 of the Revised	1934
Code prior to the first day of July of the school year, ceases to	1935
meet the criteria in division (A)(1) of this section. The	1936
department shall cease awarding first-time scholarships pursuant	1937
to division (A)(5) of this section with respect to a school	1938
district that, in the most recent ratings of school districts	1939
published under section 3302.03 of the Revised Code prior to the	1940
first day of July of the school year, ceases to meet the criteria	1941
in division (A)(5) of this section.	1942

(2) The department shall cease awarding first-time	1943
scholarships pursuant to divisions (B)(1) to (4) of this section	1944
with respect to a school building that, in the most recent ratings	1945
of school buildings under section 3302.03 of the Revised Code	1946
prior to the first day of July of the school year, ceases to meet	1947
the criteria in division (B)(1) of this section.	1948

(3) However, students who have received scholarships in the	1949
prior school year remain eligible students pursuant to division	1950
~~(C)~~(D) of this section.	1951

~~(E)~~(F) The state board of education shall adopt rules	1952
defining excused absences for purposes of division ~~(C)~~(D)(3) of	1953
this section.	1954

Sec. 3310.031. (A) The state board of education shall adopt	1955
rules under section 3310.17 of the Revised Code establishing	1956
procedures for granting educational choice scholarships to	1957
eligible students attending a nonpublic school at the time the	1958
state board grants the school a charter under section 3301.16 of	1959
the Revised Code. The procedures shall include at least the	1960
following:	1961

(1) Provisions for extending the application period for	1962
scholarships for the following school year, if necessary due to	1963
the timing of the award of the nonpublic school's charter, in	1964
order for students enrolled in the school at the time the charter	1965
is granted to apply for scholarships for the following school	1966
year;	1967

(2) Provisions for notifying the resident districts of the	1968
nonpublic school's students that the nonpublic school has been	1969
granted a charter and that educational choice scholarships may be	1970
awarded to the school's students for the following school year.	1971

(B) A student who is enrolled in a nonpublic school at the	1972
time the school's charter is granted is an eligible student if any	1973
of the following applies:	1974

(1) At the end of the last school year before the student	1975
enrolled in the nonpublic school, the student was enrolled in a	1976
school building operated by the student's resident district or in	1977
a community school established under Chapter 3314. of the Revised	1978
Code and, for the current or following school year, the student	1979
otherwise would be assigned under section 3319.01 of the Revised	1980
Code to a school building described in division (A)(1) or (B)(1)	1981
of section 3310.03 of the Revised Code.	1982

(2) The student was not enrolled in any public or other	1983
nonpublic school before the student enrolled in the nonpublic	1984
school and, for the current or following school year, otherwise	1985
would be assigned under section 3319.01 of the Revised Code to a	1986
school building described in division (A)(1) or (B)(1) of section	1987
3310.03 of the Revised Code.	1988

(3) At the end of the last school year before the student	1989
enrolled in the nonpublic school, the student was enrolled in a	1990
school building operated by the student's resident district and,	1991
during that school year, the building met the conditions described	1992
in division (A)(1) or (B)(1) of section 3310.03 of the Revised	1993
Code.	1994

(4) At the end of the last school year before the student	1995
enrolled in the nonpublic school, the student was enrolled in a	1996
community school established under Chapter 3314. of the Revised	1997
Code but otherwise would have been assigned under section 3319.01	1998
of the Revised Code to a school building that, during that school	1999
year, met the conditions described in division (A)(1) or (B)(1) of	2000
section 3310.03 of the Revised Code.	2001

Sec. 3310.08. (A) The amount paid for an eligible student	2002
under the educational choice scholarship pilot program shall be	2003
the lesser of the tuition of the chartered nonpublic school in	2004
which the student is enrolled or the maximum amount prescribed in	2005
section 3310.09 of the Revised Code.	2006

(B)(1) The department of education shall pay to the parent of	2007
each eligible student for whom a scholarship is awarded under the	2008
program, or to the student if at least eighteen years of age,	2009
periodic partial payments of the scholarship.	2010

(2) The department shall proportionately reduce or terminate	2011
the payments for any student who withdraws from a chartered	2012
nonpublic school prior to the end of the school year.	2013

(C)(1) The department shall deduct from the payments made to	2014
each school district under Chapter 3317., and if necessary,	2015
sections 321.24 and 323.156 of the Revised Code, the amount paid	2016
under division (B) of this section for each eligible student	2017
awarded a scholarship under the program who is entitled under	2018
section 3313.64 or 3313.65 of the Revised Code to attend school in	2019
the district. In the case of a student entitled to attend school	2020
in a school district under division (B)(2)(a) of section 3313.64	2021
or division (C) of section 3313.65 of the Revised Code, the	2022
department shall deduct the payments from the school district that	2023
includes the student in its average daily membership as reported	2024
to the department under section 3317.03 of the Revised Code, as	2025
determined by the department.	2026

(2) If the department reduces or terminates payments to a	2027
parent or a student, as prescribed in division (B)(2) of this	2028
section, and the student enrolls in the schools of the student's	2029
resident district or in a community school, established under	2030
Chapter 3314. of the Revised Code, before the end of the school	2031
year, the department shall proportionally restore to the resident	2032
district the amount deducted for that student under division	2033
(C)(1) of this section.	2034

Sec. 3310.15. (A) The department of education annually shall	2035
compile the scores attained by scholarship students to whom an	2036
assessment is administered under section 3310.14 of the Revised	2037
Code. The scores shall be aggregated as follows:	2038

(1) By state, which shall include all students awarded a	2039
scholarship under the educational choice scholarship pilot program	2040
and who were required to take an assessment under section 3310.14	2041
of the Revised Code;	2042

(2) By school district, which shall include all scholarship	2043
students who were required to take an assessment under section	2044
3310.14 of the Revised Code and for whom the district is the	2045
student's resident district;	2046

(3) By chartered nonpublic school, which shall include all	2047
scholarship students enrolled in that school who were required to	2048
take an assessment under section 3310.14 of the Revised Code.	2049

(B) The department shall disaggregate the student performance	2050
data described in division (A) of this section according to the	2051
following categories:	2052

(1) ~~Age~~Grade level;

2053

(2) Race and ethnicity;

2054

(3) Gender;

2055

(4) Students who have participated in the scholarship program	2056
for three or more years;	2057

(5) Students who have participated in the scholarship program	2058
for more than one year and less than three years;	2059

(6) Students who have participated in the scholarship program	2060
for one year or less;	2061

(7) Economically disadvantaged students.

2062

(C) The department shall post the student performance data	2063
required under divisions (A) and (B) of this section on its web	2064
site and, by the first day of February each year, shall distribute	2065
that data to the parent of each eligible student. In reporting	2066
student performance data under this division, the department shall	2067
not include any data that is statistically unreliable or that	2068
could result in the identification of individual students. For	2069
this purpose, the department shall not report performance data for	2070
any group that contains less than ten students.	2071

(D) The department shall provide the parent of each	2072
scholarship student with information comparing the student's	2073
performance on the assessments administered under section 3310.14	2074
of the Revised Code with the average performance of similar	2075
students enrolled in the building operated by the student's	2076
resident district that the scholarship student would otherwise	2077
attend. In calculating the performance of similar students, the	2078
department shall consider age, grade, race and ethnicity, gender,	2079
and socioeconomic status.	2080

Sec. 3313.37. (A)(1) The board of education of any city,	2081
local, or exempted village school district may build, enlarge,	2082
repair, and furnish the necessary schoolhouses, purchase or lease	2083
sites therefor, or rights-of-way thereto, or purchase or lease	2084
real estate to be used as playgrounds for children or rent	2085
suitable schoolrooms, either within or without the district, and	2086
provide the necessary apparatus and make all other necessary	2087
provisions for the schools under its control.	2088

(2) A governing board of an educational service center may	2089
acquire, lease or lease-purchase, or enter into a contract to	2090
purchase, lease or lease-purchase, or sell real and personal	2091
property and may construct, enlarge, repair, renovate, furnish, or	2092
equip facilities, buildings, or structures for the educational	2093
service center's purposes. The board may enter into loan	2094
agreements, including mortgages, for the acquisition of such	2095
property. ~~If a governing board exercises any of these powers to~~	2096
~~acquire office or classroom space, the board of county~~	2097
~~commissioners has no obligation to provide and equip offices and~~	2098
~~to provide heat, light, water, and janitorial services for the use~~	2099
~~of the service center pursuant to section 3319.19 of the Revised~~	2100
~~Code, unless there is a contract as provided by division (D) of~~	2101
~~that section.~~	2102

(3) A board of county commissioners may issue securities of	2103
the county pursuant to Chapter 133. of the Revised Code for the	2104
acquisition of real and personal property or for the construction,	2105
enlargement, repair, or renovation of facilities, buildings, or	2106
structures by an educational service center, but only if the	2107
county has a contract ~~under division (D) of section 3319.19 of the~~	2108
~~Revised Code~~ with the educational service center whereby the	2109
educational service center agrees to pay the county an amount	2110
equal to the debt charges on the issued securities on or before	2111
the date those charges fall due. For the purposes of this section,	2112
"debt charges" and "securities" have the same meanings as in	2113
section 133.01 of the Revised Code.	2114

(B)(1) Boards of education of city, local, and exempted	2115
village school districts may acquire land by gift or devise, by	2116
purchase, or by appropriation. Lands purchased may be purchased	2117
for cash, by installment payments, with or without a mortgage, by	2118
entering into lease-purchase agreements, or by lease with an	2119
option to purchase, provided that if the purchase price is to be	2120
paid over a period of time, such payments shall not extend for a	2121
period of more than five years. A special tax levy may be	2122
authorized by the voters of the school district in accordance with	2123
section 5705.21 of the Revised Code to provide a special fund to	2124
meet the future time payments.	2125

(2) For the purposes of section 5705.21 of the Revised Code,	2126
acquisition of land under the provisions of this division shall be	2127
considered a necessary requirement of the school district.	2128

(3) Boards of education of city, local, and exempted village	2129
school districts may acquire federal land at a discount by a	2130
lease-purchase agreement for use as a site for the construction of	2131
educational facilities or for other related purposes. External	2132
administrative and other costs pertaining to the acquisition of	2133
federal land at a discount may be paid from funds available to the	2134
school district for operating purposes. Such boards of education	2135
may also acquire federal land by lease-purchase agreements, by	2136
negotiation, or otherwise.	2137

(4) As used in this division:

2138

(a) "Office equipment" includes but is not limited to	2139
typewriters, copying and duplicating equipment, and computer and	2140
data processing equipment.	2141

(b) "Software for instructional purposes" includes computer	2142
programs usable for computer assisted instruction, computer	2143
managed instruction, drill and practice, and problem simulations.	2144

A board of education or governing board of an educational	2145
service center may acquire the necessary office equipment, and	2146
computer hardware and software for instructional purposes, for the	2147
schools under its control by purchase, by lease, by installment	2148
payments, by entering into lease-purchase agreements, or by lease	2149
with an option to purchase. In the case of a city, exempted	2150
village, or local school district, if the purchase price is to be	2151
paid over a period of time, the contract setting forth the terms	2152
of such purchase shall be considered a continuing contract	2153
pursuant to section 5705.41 of the Revised Code. Payments shall	2154
not extend for a period of more than five years. Costs relating to	2155
the acquisition of necessary apparatus may be paid from funds	2156
available to the school district or educational service center for	2157
operating purposes.	2158

(5) A board of education or governing board of an educational	2159
service center may acquire the necessary equipment for the	2160
maintenance or physical upkeep of facilities and land under its	2161
control by entering into lease-purchase agreements. If payments	2162
under the lease-purchase agreement are to be made over a period of	2163
time, the agreement shall be considered a continuing contract	2164
pursuant to section 5705.41 of the Revised Code, and such payments	2165
shall not extend for a period of more than five years.	2166

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	2167
(F), and (G) of this section, when a board of education decides to	2168
dispose of real or personal property that it owns in its corporate	2169
capacity and that exceeds in value ten thousand dollars, it shall	2170
sell the property at public auction, after giving at least thirty	2171
days' notice of the auction by publication in a newspaper of	2172
general circulation in the school district, by publication as	2173
provided in section 7.16 of the Revised Code, or by posting	2174
notices in five of the most public places in the school district	2175
in which the property, if it is real property, is situated, or, if	2176
it is personal property, in the school district of the board of	2177
education that owns the property. The board may offer real	2178
property for sale as an entire tract or in parcels.	2179

(B) When the board of education has offered real or personal	2180
property for sale at public auction at least once pursuant to	2181
division (A) of this section, and the property has not been sold,	2182
the board may sell it at a private sale. Regardless of how it was	2183
offered at public auction, at a private sale, the board shall, as	2184
it considers best, sell real property as an entire tract or in	2185
parcels, and personal property in a single lot or in several lots.	2186

(C) If a board of education decides to dispose of real or	2187
personal property that it owns in its corporate capacity and that	2188
exceeds in value ten thousand dollars, it may sell the property to	2189
the adjutant general; to any subdivision or taxing authority as	2190
respectively defined in divisions (A) and (C) of section 5705.01	2191
of the Revised Code, township park district, board of park	2192
commissioners established under Chapter 755. of the Revised Code,	2193
or park district established under Chapter 1545. of the Revised	2194
Code; to a wholly or partially tax-supported university,	2195
university branch, or college; or to the board of trustees of a	2196
school district library, upon such terms as are agreed upon. The	2197
sale of real or personal property to the board of trustees of a	2198
school district library is limited, in the case of real property,	2199
to a school district library within whose boundaries the real	2200
property is situated, or, in the case of personal property, to a	2201
school district library whose boundaries lie in whole or in part	2202
within the school district of the selling board of education.	2203

(D) When a board of education decides to trade as a part or	2204
an entire consideration, an item of personal property on the	2205
purchase price of an item of similar personal property, it may	2206
trade the same upon such terms as are agreed upon by the parties	2207
to the trade.	2208

(E) The president and the treasurer of the board of education	2209
shall execute and deliver deeds or other necessary instruments of	2210
conveyance to complete any sale or trade under this section.	2211

(F) When a board of education has identified a parcel of real	2212
property that it determines is needed for school purposes, the	2213
board may, upon a majority vote of the members of the board,	2214
acquire that property by exchanging real property that the board	2215
owns in its corporate capacity for the identified real property or	2216
by using real property that the board owns in its corporate	2217
capacity as part or an entire consideration for the purchase price	2218
of the identified real property. Any exchange or acquisition made	2219
pursuant to this division shall be made by a conveyance executed	2220
by the president and the treasurer of the board.	2221

(G) When a school district board of education decides to	2222
dispose of real property, prior to disposing of that property	2223
under divisions (A) to (F) of this section, it shall first offer	2224
that property for sale to the governing authorities of the	2225
start-up community schools established under Chapter 3314. of the	2226
Revised Code, and the board of trustees of any college-preparatory	2227
boarding school established under Chapter 3328. of the Revised	2228
Code, that are located within the territory of the school	2229
district,. The district board shall offer the property at a price	2230
that is not higher than the appraised fair market value of that	2231
property. If more than one community school governing authority or	2232
college-preparatory boarding school board of trustees accepts the	2233
offer made by the school district board, the board shall sell the	2234
property to the governing authority or board that accepted the	2235
offer first in time. If no community school governing authority or	2236
college-preparatory boarding school board of trustees accepts the	2237
offer within sixty days after the offer is made by the school	2238
district board, the board may dispose of the property in the	2239
applicable manner prescribed under divisions (A) to (F) of this	2240
section.	2241

(H) When a school district board of education has property	2242
that the board, by resolution, finds is not needed for school	2243
district use, is obsolete, or is unfit for the use for which it	2244
was acquired, the board may donate that property in accordance	2245
with this division if the fair market value of the property is, in	2246
the opinion of the board, two thousand five hundred dollars or	2247
less.	2248

The property may be donated to an eligible nonprofit	2249
organization that is located in this state and is exempt from	2250
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	2251
Before donating any property under this division, the board shall	2252
adopt a resolution expressing its intent to make unneeded,	2253
obsolete, or unfit-for-use school district property available to	2254
these organizations. The resolution shall include guidelines and	2255
procedures the board considers to be necessary to implement the	2256
donation program and shall indicate whether the school district	2257
will conduct the donation program or the board will contract with	2258
a representative to conduct it. If a representative is known when	2259
the resolution is adopted, the resolution shall provide contact	2260
information such as the representative's name, address, and	2261
telephone number.	2262

The resolution shall include within its procedures a	2263
requirement that any nonprofit organization desiring to obtain	2264
donated property under this division shall submit a written notice	2265
to the board or its representative. The written notice shall	2266
include evidence that the organization is a nonprofit organization	2267
that is located in this state and is exempt from federal income	2268
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	2269
the organization's primary purpose; a description of the type or	2270
types of property the organization needs; and the name, address,	2271
and telephone number of a person designated by the organization's	2272
governing board to receive donated property and to serve as its	2273
agent.	2274

After adoption of the resolution, the board shall publish, in	2275
a newspaper of general circulation in the school district or as	2276
provided in section 7.16 of the Revised Code, notice of its intent	2277
to donate unneeded, obsolete, or unfit-for-use school district	2278
property to eligible nonprofit organizations. The notice shall	2279
include a summary of the information provided in the resolution	2280
and shall be published twice. The second notice shall be published	2281
not less than ten nor more than twenty days after the previous	2282
notice. A similar notice also shall be posted continually in the	2283
board's office. If the school district maintains a web site on the	2284
internet, the notice shall be posted continually at that web site.	2285

The board or its representatives shall maintain a list of all	2286
nonprofit organizations that notify the board or its	2287
representative of their desire to obtain donated property under	2288
this division and that the board or its representative determines	2289
to be eligible, in accordance with the requirements set forth in	2290
this section and in the donation program's guidelines and	2291
procedures, to receive donated property.	2292

The board or its representative also shall maintain a list of	2293
all school district property the board finds to be unneeded,	2294
obsolete, or unfit for use and to be available for donation under	2295
this division. The list shall be posted continually in a	2296
conspicuous location in the board's office, and, if the school	2297
district maintains a web site on the internet, the list shall be	2298
posted continually at that web site. An item of property on the	2299
list shall be donated to the eligible nonprofit organization that	2300
first declares to the board or its representative its desire to	2301
obtain the item unless the board previously has established, by	2302
resolution, a list of eligible nonprofit organizations that shall	2303
be given priority with respect to the item's donation. Priority	2304
may be given on the basis that the purposes of a nonprofit	2305
organization have a direct relationship to specific school	2306
district purposes of programs provided or administered by the	2307
board. A resolution giving priority to certain nonprofit	2308
organizations with respect to the donation of an item of property	2309
shall specify the reasons why the organizations are given that	2310
priority.	2311

Members of the board shall consult with the Ohio ethics	2312
commission, and comply with Chapters 102. and 2921. of the Revised	2313
Code, with respect to any donation under this division to a	2314
nonprofit organization of which a board member, any member of a	2315
board member's family, or any business associate of a board member	2316
is a trustee, officer, board member, or employee.	2317

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

2318

(1) "College-preparatory boarding school" means a	2319
college-preparatory boarding school established under Chapter	2320
3328. of the Revised Code.	2321

(2) "Community school" means a community school established	2322
under Chapter 3314. of the Revised Code.	2323

(3) "Unused school facilities" means any real property that	2324
has been used by a school district for school operations,	2325
including, but not limited to, academic instruction or	2326
administration, since July 1, 1998, but has not been used in that	2327
capacity for two years.	2328

(B)(1) On and after ~~the effective date of this section~~June	2329
30, 2011, any school district board of education shall offer any	2330
unused school facilities it owns in its corporate capacity for	2331
lease or sale to the governing authorities of community schools	2332
~~established under Chapter 3314. of the Revised Code~~, and the board	2333
of trustees of any college-preparatory boarding school, that are	2334
located within the territory of the ~~school~~ district.	2335

(2) At the same time that a district board makes the offer	2336
required under division (B)(1) of this section, the board also	2337
may, but shall not be required to, offer that property for sale or	2338
lease to both of the following:	2339

(a) The governing authorities of community schools with	2340
plans, stipulated in their contracts entered into under section	2341
3314.03 of the Revised Code, either to relocate their operations	2342
to the territory of the district or to add facilities, as	2343
authorized by division (B)(3) or (4) of section 3314.05 of the	2344
Revised Code, to be located within the territory of the district;	2345

(b) Persons or groups of individuals holding valid	2346
preliminary agreements under section 3314.02 of the Revised Code	2347
proposing the establishment of a community school within the	2348
territory of the district.	2349

(C)(1) If, not later than sixty days after the district board	2350
makes the offer, ~~the governing authority of~~only one ~~community~~	2351
~~school located within the territory of the school district~~	2352
governing authority, board of trustees, person, or group of	2353
individuals offered the property under division (B) of this	2354
section notifies the district treasurer in writing of ~~its~~the	2355
intention to purchase the property, the district board shall sell	2356
the property to ~~the community school~~that party for the appraised	2357
fair market value of the property.	2358

(2) If, not later than sixty days after the district board	2359
makes the offer, ~~the governing authorities of two or more~~	2360
~~community schools located within the territory of the school~~	2361
~~district notify~~more than one party offered the property under	2362
division (B) of this section notifies the district treasurer in	2363
writing of ~~their~~the intention to purchase the property, the board	2364
shall conduct a public auction in the manner required for auctions	2365
of district property under division (A) of section 3313.41 of the	2366
Revised Code. Only the ~~governing authorities of all community~~	2367
~~schools located within the territory of the school district~~	2368
parties offered the property under division (B) of this section	2369
that notify the district treasurer of the intention to purchase	2370
the property are eligible to bid at the auction. The district	2371
board is not obligated to accept any bid for the property that is	2372
lower than the appraised fair market value of the property.	2373

(3) If the ~~governing authorities of two or more community~~	2374
~~schools located within the territory of the school district notify~~	2375
more than one party offered the property under division (B) of	2376
this section notifies the district treasurer in writing of ~~their~~	2377
the intention to lease the property, the district board shall	2378
conduct a lottery to select from among those parties the ~~community~~	2379
school to which the district board shall lease the property.	2380

(4) The lease price offered by a district board to ~~the~~	2381
~~governing authority of~~ a community school or college-preparatory	2382
boarding school under this section shall not be higher than the	2383
fair market value for such a leasehold.	2384

(5) If no ~~community school governing authority~~party offered	2385
the property under division (B) of this section accepts the offer	2386
to lease or buy the property within sixty days after the offer is	2387
made, the district board may offer the property to any other	2388
entity in accordance with divisions (A) to (F) of section 3313.41	2389
of the Revised Code.	2390

~~(C)~~(D) Notwithstanding division (B) of this section, a school	2391
district board may renew any agreement it originally entered into	2392
prior to ~~the effective date of this section~~June 30, 2011, to	2393
lease real property to an entity other than a community school or	2394
college-preparatory boarding school. Nothing in this section shall	2395
affect the leasehold arrangements between the district board and	2396
that other entity.	2397

(E) Any property leased or sold under this section to the	2398
governing authority of a community school, or to a person or group	2399
of individuals described in division (B)(2)(b) of this section,	2400
shall be used by the governing authority or person or group of	2401
individuals only for the purpose of operating a community school.	2402

Sec. 3313.603. (A) As used in this section:

2403

(1) "One unit" means a minimum of one hundred twenty hours of	2404
course instruction, except that for a laboratory course, "one	2405
unit" means a minimum of one hundred fifty hours of course	2406
instruction.	2407

(2) "One-half unit" means a minimum of sixty hours of course	2408
instruction, except that for physical education courses, "one-half	2409
unit" means a minimum of one hundred twenty hours of course	2410
instruction.	2411

(B) Beginning September 15, 2001, except as required in	2412
division (C) of this section and division (C) of section 3313.614	2413
of the Revised Code, the requirements for graduation from every	2414
high school shall include twenty units earned in grades nine	2415
through twelve and shall be distributed as follows:	2416

(1) English language arts, four units;

2417

(2) Health, one-half unit;

2418

(3) Mathematics, three units;

2419

(4) Physical education, one-half unit;

2420

(5) Science, two units until September 15, 2003, and three	2421
units thereafter, which at all times shall include both of the	2422
following:	2423

(a) Biological sciences, one unit;

2424

(b) Physical sciences, one unit.

2425

(6) ~~History~~American history and American government, one	2426
unit, which shall comply with division (M) of this section and	2427
shall include both of the following:	2428

(a) American history, one-half unit;

2429

(b) American government, one-half unit.

2430

(7) Social studies, which may include the study of history	2431
and government other than American history and American	2432
government, two units.	2433

(8) Elective units, seven units until September 15, 2003, and	2434
six units thereafter.	2435

Each student's electives shall include at least one unit, or	2436
two half units, chosen from among the areas of	2437
business/technology, fine arts, and/or foreign language.	2438

(C) Beginning with students who enter ninth grade for the	2439
first time on or after July 1, 2010, except as provided in	2440
divisions (D) to (F) of this section, the requirements for	2441
graduation from every public and chartered nonpublic high school	2442
shall include twenty units that are designed to prepare students	2443
for the workforce and college. The units shall be distributed as	2444
follows:	2445

(1) English language arts, four units;

2446

(2) Health, one-half unit, which shall include instruction in	2447
nutrition and the benefits of nutritious foods and physical	2448
activity for overall health;	2449

(3) Mathematics, four units, which shall include one unit of	2450
algebra II or the equivalent of algebra II;	2451

(4) Physical education, one-half unit;

2452

(5) Science, three units with inquiry-based laboratory	2453
experience that engages students in asking valid scientific	2454
questions and gathering and analyzing information, which shall	2455
include the following, or their equivalent:	2456

(a) Physical sciences, one unit;

2457

(b) Life sciences, one unit;

2458

(c) Advanced study in one or more of the following sciences,	2459
one unit:	2460

(i) Chemistry, physics, or other physical science;

2461

(ii) Advanced biology or other life science;

2462

(iii) Astronomy, physical geology, or other earth or space	2463
science.	2464

(6) ~~History~~American history and American government, one	2465
unit, which shall comply with division (M) of this section and	2466
shall include both of the following:	2467

(a) American history, one-half unit;

2468

(b) American government, one-half unit.

2469

(7) Social studies, which may include the study of history	2470
and government other than American history and American	2471
government, two units.	2472

Each school shall integrate the study of economics and	2473
financial literacy, as expressed in the social studies academic	2474
content standards adopted by the state board of education under	2475
division (A)(1) of section 3301.079 of the Revised Code and the	2476
academic content standards for financial literacy and	2477
entrepreneurship adopted under division (A)(2) of that section,	2478
into one or more existing social studies credits required under	2479
division (C)(7) of this section, or into the content of another	2480
class, so that every high school student receives instruction in	2481
those concepts. In developing the curriculum required by this	2482
paragraph, schools shall use available public-private partnerships	2483
and resources and materials that exist in business, industry, and	2484
through the centers for economics education at institutions of	2485
higher education in the state.	2486

(8) Five units consisting of one or any combination of	2487
foreign language, fine arts, business, career-technical education,	2488
family and consumer sciences, technology, agricultural education,	2489
a junior reserve officer training corps (JROTC) program approved	2490
by the congress of the United States under title 10 of the United	2491
States Code, or English language arts, mathematics, science, or	2492
social studies courses not otherwise required under division (C)	2493
of this section.	2494

Ohioans must be prepared to apply increased knowledge and	2495
skills in the workplace and to adapt their knowledge and skills	2496
quickly to meet the rapidly changing conditions of the	2497
twenty-first century. National studies indicate that all high	2498
school graduates need the same academic foundation, regardless of	2499
the opportunities they pursue after graduation. The goal of Ohio's	2500
system of elementary and secondary education is to prepare all	2501
students for and seamlessly connect all students to success in	2502
life beyond high school graduation, regardless of whether the next	2503
step is entering the workforce, beginning an apprenticeship,	2504
engaging in post-secondary training, serving in the military, or	2505
pursuing a college degree.	2506

The Ohio core curriculum is the standard expectation for all	2507
students entering ninth grade for the first time at a public or	2508
chartered nonpublic high school on or after July 1, 2010. A	2509
student may satisfy this expectation through a variety of methods,	2510
including, but not limited to, integrated, applied,	2511
career-technical, and traditional coursework.	2512

Whereas teacher quality is essential for student success in	2513
completing the Ohio core curriculum, the general assembly shall	2514
appropriate funds for strategic initiatives designed to strengthen	2515
schools' capacities to hire and retain highly qualified teachers	2516
in the subject areas required by the curriculum. Such initiatives	2517
are expected to require an investment of $120,000,000 over five	2518
years.	2519

Stronger coordination between high schools and institutions	2520
of higher education is necessary to prepare students for more	2521
challenging academic endeavors and to lessen the need for academic	2522
remediation in college, thereby reducing the costs of higher	2523
education for Ohio's students, families, and the state. The state	2524
board and the chancellor of the Ohio board of regents shall	2525
develop policies to ensure that only in rare instances will	2526
students who complete the Ohio core curriculum require academic	2527
remediation after high school.	2528

School districts, community schools, and chartered nonpublic	2529
schools shall integrate technology into learning experiences	2530
across the curriculum in order to maximize efficiency, enhance	2531
learning, and prepare students for success in the	2532
technology-driven twenty-first century. Districts and schools	2533
shall use distance and web-based course delivery as a method of	2534
providing or augmenting all instruction required under this	2535
division, including laboratory experience in science. Districts	2536
and schools shall utilize technology access and electronic	2537
learning opportunities provided by the eTech Ohio commission, the	2538
Ohio learning network, education technology centers, public	2539
television stations, and other public and private providers.	2540

(D) Except as provided in division (E) of this section, a	2541
student who enters ninth grade on or after July 1, 2010, and	2542
before July 1, 2014, may qualify for graduation from a public or	2543
chartered nonpublic high school even though the student has not	2544
completed the Ohio core curriculum prescribed in division (C) of	2545
this section if all of the following conditions are satisfied:	2546

(1) After the student has attended high school for two years,	2547
as determined by the school, the student and the student's parent,	2548
guardian, or custodian sign and file with the school a written	2549
statement asserting the parent's, guardian's, or custodian's	2550
consent to the student's graduating without completing the Ohio	2551
core curriculum and acknowledging that one consequence of not	2552
completing the Ohio core curriculum is ineligibility to enroll in	2553
most state universities in Ohio without further coursework.	2554

(2) The student and parent, guardian, or custodian fulfill	2555
any procedural requirements the school stipulates to ensure the	2556
student's and parent's, guardian's, or custodian's informed	2557
consent and to facilitate orderly filing of statements under	2558
division (D)(1) of this section.	2559

(3) The student and the student's parent, guardian, or	2560
custodian and a representative of the student's high school	2561
jointly develop an individual career plan for the student that	2562
specifies the student matriculating to a two-year degree program,	2563
acquiring a business and industry credential, or entering an	2564
apprenticeship.	2565

(4) The student's high school provides counseling and support	2566
for the student related to the plan developed under division	2567
(D)(3) of this section during the remainder of the student's high	2568
school experience.	2569

(5) The student successfully completes, at a minimum, the	2570
curriculum prescribed in division (B) of this section.	2571

The department of education, in collaboration with the	2572
chancellor, shall analyze student performance data to determine if	2573
there are mitigating factors that warrant extending the exception	2574
permitted by division (D) of this section to high school classes	2575
beyond those entering ninth grade before July 1, 2014. The	2576
department shall submit its findings and any recommendations not	2577
later than August 1, 2014, to the speaker and minority leader of	2578
the house of representatives, the president and minority leader of	2579
the senate, the chairpersons and ranking minority members of the	2580
standing committees of the house of representatives and the senate	2581
that consider education legislation, the state board of education,	2582
and the superintendent of public instruction.	2583

(E) Each school district and chartered nonpublic school	2584
retains the authority to require an even more rigorous minimum	2585
curriculum for high school graduation than specified in division	2586
(B) or (C) of this section. A school district board of education,	2587
through the adoption of a resolution, or the governing authority	2588
of a chartered nonpublic school may stipulate any of the	2589
following:	2590

(1) A minimum high school curriculum that requires more than	2591
twenty units of academic credit to graduate;	2592

(2) An exception to the district's or school's minimum high	2593
school curriculum that is comparable to the exception provided in	2594
division (D) of this section but with additional requirements,	2595
which may include a requirement that the student successfully	2596
complete more than the minimum curriculum prescribed in division	2597
(B) of this section;	2598

(3) That no exception comparable to that provided in division	2599
(D) of this section is available.	2600

(F) A student enrolled in a dropout prevention and recovery	2601
program, which program has received a waiver from the department,	2602
may qualify for graduation from high school by successfully	2603
completing a competency-based instructional program administered	2604
by the dropout prevention and recovery program in lieu of	2605
completing the Ohio core curriculum prescribed in division (C) of	2606
this section. The department shall grant a waiver to a dropout	2607
prevention and recovery program, within sixty days after the	2608
program applies for the waiver, if the program meets all of the	2609
following conditions:	2610

(1) The program serves only students not younger than sixteen	2611
years of age and not older than twenty-one years of age.	2612

(2) The program enrolls students who, at the time of their	2613
initial enrollment, either, or both, are at least one grade level	2614
behind their cohort age groups or experience crises that	2615
significantly interfere with their academic progress such that	2616
they are prevented from continuing their traditional programs.	2617

(3) The program requires students to attain at least the	2618
applicable score designated for each of the assessments prescribed	2619
under division (B)(1) of section 3301.0710 of the Revised Code or,	2620
to the extent prescribed by rule of the state board under division	2621
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	2622
of that section.	2623

(4) The program develops an individual career plan for the	2624
student that specifies the student's matriculating to a two-year	2625
degree program, acquiring a business and industry credential, or	2626
entering an apprenticeship.	2627

(5) The program provides counseling and support for the	2628
student related to the plan developed under division (F)(4) of	2629
this section during the remainder of the student's high school	2630
experience.	2631

(6) The program requires the student and the student's	2632
parent, guardian, or custodian to sign and file, in accordance	2633
with procedural requirements stipulated by the program, a written	2634
statement asserting the parent's, guardian's, or custodian's	2635
consent to the student's graduating without completing the Ohio	2636
core curriculum and acknowledging that one consequence of not	2637
completing the Ohio core curriculum is ineligibility to enroll in	2638
most state universities in Ohio without further coursework.	2639

(7) Prior to receiving the waiver, the program has submitted	2640
to the department an instructional plan that demonstrates how the	2641
academic content standards adopted by the state board under	2642
section 3301.079 of the Revised Code will be taught and assessed.	2643

If the department does not act either to grant the waiver or	2644
to reject the program application for the waiver within sixty days	2645
as required under this section, the waiver shall be considered to	2646
be granted.	2647

(G) Every high school may permit students below the ninth	2648
grade to take advanced work. If a high school so permits, it shall	2649
award high school credit for successful completion of the advanced	2650
work and shall count such advanced work toward the graduation	2651
requirements of division (B) or (C) of this section if the	2652
advanced work was both:	2653

(1) Taught by a person who possesses a license or certificate	2654
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	2655
Code that is valid for teaching high school;	2656

(2) Designated by the board of education of the city, local,	2657
or exempted village school district, the board of the cooperative	2658
education school district, or the governing authority of the	2659
chartered nonpublic school as meeting the high school curriculum	2660
requirements.	2661

Each high school shall record on the student's high school	2662
transcript all high school credit awarded under division (G) of	2663
this section. In addition, if the student completed a seventh- or	2664
eighth-grade fine arts course described in division (K) of this	2665
section and the course qualified for high school credit under that	2666
division, the high school shall record that course on the	2667
student's high school transcript.	2668

(H) The department shall make its individual academic career	2669
plan available through its Ohio career information system web site	2670
for districts and schools to use as a tool for communicating with	2671
and providing guidance to students and families in selecting high	2672
school courses.	2673

(I) Units earned in English language arts, mathematics,	2674
science, and social studies that are delivered through integrated	2675
academic and career-technical instruction are eligible to meet the	2676
graduation requirements of division (B) or (C) of this section.	2677

(J) The state board, in consultation with the chancellor,	2678
shall adopt a statewide plan implementing methods for students to	2679
earn units of high school credit based on a demonstration of	2680
subject area competency, instead of or in combination with	2681
completing hours of classroom instruction. The state board shall	2682
adopt the plan not later than March 31, 2009, and commence phasing	2683
in the plan during the 2009-2010 school year. The plan shall	2684
include a standard method for recording demonstrated proficiency	2685
on high school transcripts. Each school district and community	2686
school shall comply with the state board's plan adopted under this	2687
division and award units of high school credit in accordance with	2688
the plan. The state board may adopt existing methods for earning	2689
high school credit based on a demonstration of subject area	2690
competency as necessary prior to the 2009-2010 school year.	2691

(K) This division does not apply to students who qualify for	2692
graduation from high school under division (D) or (F) of this	2693
section, or to students pursuing a career-technical instructional	2694
track as determined by the school district board of education or	2695
the chartered nonpublic school's governing authority.	2696
Nevertheless, the general assembly encourages such students to	2697
consider enrolling in a fine arts course as an elective.	2698

Beginning with students who enter ninth grade for the first	2699
time on or after July 1, 2010, each student enrolled in a public	2700
or chartered nonpublic high school shall complete two semesters or	2701
the equivalent of fine arts to graduate from high school. The	2702
coursework may be completed in any of grades seven to twelve. Each	2703
student who completes a fine arts course in grade seven or eight	2704
may elect to count that course toward the five units of electives	2705
required for graduation under division (C)(8) of this section, if	2706
the course satisfied the requirements of division (G) of this	2707
section. In that case, the high school shall award the student	2708
high school credit for the course and count the course toward the	2709
five units required under division (C)(8) of this section. If the	2710
course in grade seven or eight did not satisfy the requirements of	2711
division (G) of this section, the high school shall not award the	2712
student high school credit for the course but shall count the	2713
course toward the two semesters or the equivalent of fine arts	2714
required by this division.	2715

(L) Notwithstanding anything to the contrary in this section,	2716
the board of education of each school district and the governing	2717
authority of each chartered nonpublic school may adopt a policy to	2718
excuse from the high school physical education requirement each	2719
student who, during high school, has participated in	2720
interscholastic athletics, marching band, or cheerleading for at	2721
least two full seasons or in the junior reserve officer training	2722
corps for at least two full school years. If the board or	2723
authority adopts such a policy, the board or authority shall not	2724
require the student to complete any physical education course as a	2725
condition to graduate. However, the student shall be required to	2726
complete one-half unit, consisting of at least sixty hours of	2727
instruction, in another course of study. In the case of a student	2728
who has participated in the junior reserve officer training corps	2729
for at least two full school years, credit received for that	2730
participation may be used to satisfy the requirement to complete	2731
one-half unit in another course of study.	2732

(M) It is important that high school students learn and	2733
understand United States history and the governments of both the	2734
United States and the state of Ohio. Therefore, beginning with	2735
students who enter ninth grade for the first time on or after July	2736
1, 2012, the study of American history and American government	2737
required by divisions (B)(6) and (C)(6) of this section shall	2738
include the study of all of the following documents:	2739

(1) The Declaration of Independence;

2740

(2) The Northwest Ordinance;

2741

(3) The Constitution of the United States with emphasis on	2742
the Bill of Rights;	2743

(4) The Ohio Constitution.

2744

The study of each of the documents prescribed in divisions	2745
(M)(1) to (4) of this section shall include study of that document	2746
in its original context.	2747

The study of American history and government required by	2748
divisions (B)(6) and (C)(6) of this section shall include the	2749
historical evidence of the role of documents such as the	2750
Federalist Papers and the Anti-Federalist Papers to firmly	2751
establish the historical background leading to the establishment	2752
of the provisions of the Constitution and Bill of Rights.	2753

Sec. 3313.608. (A)(1) Beginning with students who enter	2754
third grade in the school year that starts July 1, 2009, and until	2755
June 30, 2013, for any student who attains a score in the range	2756
designated under division (A)(2)(c) of section 3301.0710 of the	2757
Revised Code on the assessment prescribed under that section to	2758
measure skill in English language arts expected at the end of	2759
third grade, each school district, in accordance with the policy	2760
adopted under section 3313.609 of the Revised Code, shall do one	2761
of the following:	2762

~~(1)~~(a) Promote the student to fourth grade if the student's	2763
principal and reading teacher agree that other evaluations of the	2764
student's skill in reading demonstrate that the student is	2765
academically prepared to be promoted to fourth grade;	2766

~~(2)~~(b) Promote the student to fourth grade but provide the	2767
student with intensive intervention services in fourth grade;	2768

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

2769

(2) Beginning with students who enter third grade in the	2770
2013-2014 school year, no city, exempted village, or local school	2771
district shall promote to fourth grade any student who attains a	2772
score in the range designated under division (A)(2)(c) of section	2773
3301.0710 of the Revised Code on the assessment prescribed under	2774
that section to measure skill in English language arts expected at	2775
the end of third grade, unless one of the following applies:	2776

(a) The student is a limited English proficient student who	2777
has been enrolled in United States schools for less than two full	2778
school years and has had less than two years of instruction in an	2779
English as a second language program.	2780

(b) The student is a child with a disability entitled to	2781
special education and related services under Chapter 3323. of the	2782
Revised Code and the student's individualized education program	2783
exempts the student from retention under this division.	2784

(c) The student demonstrates an acceptable level of	2785
performance on an alternative standardized reading assessment as	2786
determined by the principal.	2787

(d) The student demonstrates through a student portfolio that	2788
the student is reading at grade level. The student's principal	2789
shall determine if the work in the portfolio complies with	2790
guidelines adopted by the superintendent of public instruction for	2791
student portfolios.	2792

(e) All of the following apply:

2793

(i) The student is a child with a disability entitled to	2794
special education and related services under Chapter 3323. of the	2795
Revised Code.	2796

(ii) The student has taken the third grade English language	2797
arts achievement assessment prescribed under section 3301.0710 of	2798
the Revised Code.	2799

(iii) The student's individualized education program or plan	2800
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	2801
355, 29 U.S.C. 794, as amended, shows that the student has	2802
received intensive remediation in reading for more than two years	2803
but still demonstrates a deficiency in reading.	2804

(iv) The student previously was retained in any of grades	2805
kindergarten to three.	2806

(f)(i) The student received intensive remediation for reading	2807
for at least two years but still demonstrates a deficiency in	2808
reading and was previously retained in any of grades kindergarten	2809
to three.	2810

(ii) A student who is promoted under division (A)(2)(f)(i) of	2811
this section shall continue to receive intensive reading	2812
instruction in grade four. The instruction shall include an	2813
altered instructional day that includes specialized diagnostic	2814
information and specific research-based reading strategies for the	2815
student that have been successful in improving reading among	2816
low-performing readers.	2817

(B)(1) ToBeginning in the 2012-2013 school year, to assist	2818
students in meeting ~~this~~the third grade guarantee established by	2819
this section, each school district board of education shall adopt	2820
policies and procedures with which it ~~shall~~ annually shall assess	2821
the reading skills of each student ~~at the end of first and second~~	2822
enrolled in kindergarten to third grade by the thirtieth day of	2823
September and shall identify students who are reading below their	2824
grade level by the end of the school year. IfEach district shall	2825
use the diagnostic assessment to measure English language arts	2826
ability for the appropriate grade level ~~has been developed in~~	2827
~~accordance with division (D)(1) of~~adopted under section 3301.079	2828
of the Revised Code, ~~each school district shall use such~~	2829
~~diagnostic assessment~~or a comparable tool approved by the	2830
department of education, to identify such students~~, except that~~	2831
~~any district to which division (E) of section 3301.0715 of the~~	2832
~~Revised Code applies may use another assessment to identify such~~	2833
~~students~~. The policies and procedures shall require the students'	2834
classroom teachers to be involved in the assessment and the	2835
identification of students reading below grade level. ~~The~~	2836
~~district shall notify the parent or guardian of~~	2837

(2) For each student ~~whose~~identified under this section as	2838
having reading skills ~~are~~ below grade level ~~and~~, the district	2839
shall do both of the following:	2840

(a) Provide to the student's parent or guardian, in writing,	2841
all of the following:	2842

(i) Notification that the student has been identified as	2843
having a substantial deficiency in reading;	2844

(ii) A description of the current services that are provided	2845
to the student;	2846

(iii) A description of the proposed supplemental	2847
instructional services and supports that will be provided to the	2848
student that are designed to remediate the identified areas of	2849
reading deficiency;	2850

(iv) Notification that if the student attains a score in the	2851
range designated under division (A)(2)(c) of section 3301.0710 of	2852
the Revised Code on the assessment prescribed under that section	2853
to measure skill in English language arts expected at the end of	2854
third grade, the student shall be retained unless the student is	2855
exempt under division (A) of this section. The notification shall	2856
specify that the assessment under section 3301.0710 of the Revised	2857
Code is not the sole determinant of promotion and that additional	2858
evaluations, portfolio reviews, and assessments are available to	2859
the student to assist parents and the district in knowing when a	2860
student is reading at or above grade level and ready for	2861
promotion.	2862

(b) Provide intensive reading instruction to the student	2863
immediately following identification of a reading deficiency, in	2864
accordance with division (C) of this section~~, provide intervention~~	2865
~~services to each student reading below grade level~~. Such	2866
intervention services shall include research-based reading	2867
strategies that have been shown to be successful in improving	2868
reading among low-performing readers and instruction ~~in intensive,~~	2869
~~systematic phonetics pursuant to rules adopted by the state board~~	2870
~~of education~~targeted at the student's identified reading	2871
deficiencies.	2872

~~(2)~~(3) For each student ~~entering third grade after July 1,~~	2873
~~2009, who does not attain by the end of the third grade at least a~~	2874
~~score in the range designated under division (A)(2)(b) of section~~	2875
~~3301.0710 of the Revised Code on the assessment prescribed under~~	2876
~~that section to measure skill in English language arts expected at~~	2877
~~the end of third grade~~retained under division (A) of this	2878
section, the district ~~also~~ shall ~~offer~~do all of the following:	2879

(a) Provide intense remediation services ~~during the summer~~	2880
~~following third grade~~until the student is able to read at grade	2881
level. The remediation services shall include intensive	2882
interventions in reading that address the areas of deficiencies	2883
identified under this section, including not less than ninety	2884
minutes of daily, uninterrupted, research-based reading	2885
instruction and other strategies prescribed by the school	2886
district, including, but not limited to, any of the following:	2887

(i) Small group instruction;

2888

(ii) Reduced teacher-student ratios;

2889

(iii) More frequent progress monitoring;

2890

(iv) Tutoring or mentoring;

2891

(v) Transition classes containing third and fourth grade	2892
students;	2893

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

2894

(vii) Summer reading camps.

2895

(b) Establish a policy for the mid-year promotion of a	2896
student retained under division (A) of this section who	2897
demonstrates that the student is reading at or above grade level;	2898

(c) Provide each student with a high-performing teacher, as	2899
determined by the teacher's student performance data and	2900
performance reviews.	2901

The district may offer the option for students to receive	2902
applicable services from one or more providers other than the	2903
district. If the student participates in the remediation services	2904
and demonstrates reading proficiency in accordance with standards	2905
adopted by the department prior to the start of fourth grade, the	2906
district shall promote the student to that grade.	2907

(C) For each student required to be ~~offered~~provided	2908
intervention services under this section, the district shall	2909
develop a reading improvement and monitoring plan within sixty	2910
days after receiving the student's results on the diagnostic	2911
assessment or comparable tool administered under division (B)(1)	2912
of this section. The district shall involve the student's parent	2913
or guardian and classroom teacher in developing the ~~intervention~~	2914
~~strategy, and shall offer to the parent or guardian the~~	2915
~~opportunity to be involved in the intervention services~~plan. The	2916
plan shall include all of the following:	2917

(1) Identification of the student's specific reading	2918
deficiencies;	2919

(2) A description of the additional instructional services	2920
and support that will be provided to the student to remediate the	2921
identified reading deficiencies;	2922

(3) Opportunities for the student's parent or guardian to be	2923
involved in the instructional services and support described in	2924
division (C)(2) of this section;	2925

(4) A process for monitoring the extent to which the student	2926
receives the instructional services and support described in	2927
division (C)(2) of this section;	2928

(5) A reading curriculum during regular school hours that	2929
does all of the following:	2930

(a) Assists students to read at grade level;

2931

(b) Provides skill development in phonemic awareness,	2932
phonics, fluency, vocabulary, and comprehension;	2933

2934

(d) Provides initial and ongoing analysis of each student's	2935
reading progress.	2936

(6) A statement that if the student attains a score in the	2937
range designated under division (A)(2)(c) of section 3301.0710 of	2938
the Revised Code on the assessment prescribed under that section	2939
to measure skill in English language arts expected by the end of	2940
third grade, the student may be retained in third grade.	2941

Each student with a reading improvement and monitoring plan	2942
under this division who enters third grade after July 1, 2013,	2943
shall be assigned to a teacher who has either received a passing	2944
score on a rigorous test of principles of scientifically based	2945
reading instruction approved by the state board of education or	2946
has a reading endorsement on the teacher's license.	2947

The district shall report any information requested by the	2948
department about the plans developed under this division in the	2949
manner required by the department.	2950

(D) Each school district shall report annually to the	2951
department on its implementation and compliance with this section	2952
using guidelines prescribed by the superintendent of public	2953
instruction.	2954

(E) Any summer remediation services funded in whole or in	2955
part by the state and offered by school districts to students	2956
under this section shall meet the following conditions:	2957

(1) The remediation methods are based on reliable educational	2958
research.	2959

(2) The school districts conduct assessment before and after	2960
students participate in the program to facilitate monitoring	2961
results of the remediation services.	2962

(3) The parents of participating students are involved in	2963
programming decisions.	2964

~~(4) The services are conducted in a school building or~~	2965
~~community center and not on an at-home basis.~~	2966

~~(E)~~(F) Any intervention or remediation services required by	2967
this section shall include intensive, explicit, and systematic	2968
instruction.	2969

(G) This section does not create a new cause of action or a	2970
substantive legal right for any person.	2971

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

2972

(1) "Truant" means absent without excuse.

2973

(2) "Academically prepared" means whatever educational	2974
standard the board of education of each city, exempted village,	2975
local, and joint vocational school district establishes as	2976
necessary for the promotion of a student to the next grade level	2977
pursuant to the policy adopted under division (B) of this section.	2978

(B) The board of education of each city, exempted village,	2979
local, and joint vocational school district shall adopt a grade	2980
promotion and retention policy for students that complies with	2981
this section and section 3313.608 of the Revised Code. The policy	2982
shall prohibit the promotion of a student to the next grade level	2983
if the student has been truant for more than ten per cent of the	2984
required attendance days of the current school year and has failed	2985
two or more of the required curriculum subject areas in the	2986
current grade unless the student's principal and the teachers of	2987
any failed subject areas agree that the student is academically	2988
prepared to be promoted to the next grade level.	2989

Sec. 3313.6013. (A) As used in this section, "dual enrollment	2990
program" means a program that enables a student to earn credit	2991
toward a degree from an institution of higher education while	2992
enrolled in high school or that enables a student to complete	2993
coursework while enrolled in high school that may earn credit	2994
toward a degree from an institution of higher education upon the	2995
student's attainment of a specified score on an examination	2996
covering the coursework. Dual enrollment programs may include any	2997
of the following:	2998

(1) The post-secondary enrollment options program established	2999
under Chapter 3365. of the Revised Code;	3000

(2) Advanced placement courses;

3001

(3) Any similar program established pursuant to an agreement	3002
between a school district or chartered nonpublic high school and	3003
an institution of higher education.	3004

(B) Each city, local, exempted village, and joint vocational	3005
school district and each chartered nonpublic high school shall	3006
provide students enrolled in grades nine through twelve with the	3007
opportunity to participate in a dual enrollment program. For this	3008
purpose, each school district and chartered nonpublic high school	3009
shall offer at least one dual enrollment program in accordance	3010
with division (B)(1) or (2) of this section, as applicable.	3011

(1) A city, local, or exempted village school district meets	3012
the requirements of this division through its mandatory	3013
participation in the post-secondary enrollment options program	3014
established under Chapter 3365. of the Revised Code. However, a	3015
city, local, or exempted village school district may offer any	3016
other dual enrollment program, in addition to the post-secondary	3017
enrollment options program, and each joint vocational school	3018
district shall offer at least one other ~~duel~~dual enrollment	3019
program, to students in good standing, as defined by the	3020
partnership for continued learning under section 3301.42 of the	3021
Revised Code as it existed prior to ~~the effective date of this~~	3022
~~amendment~~October 16, 2009, or as subsequently defined by the	3023
department of education.	3024

(2) A chartered nonpublic high school that elects to	3025
participate in the post-secondary enrollment options program	3026
established under Chapter 3365. of the Revised Code meets the	3027
requirements of this division. Each chartered nonpublic high	3028
school that elects not to participate in the post-secondary	3029
enrollment options program instead shall offer at least one other	3030
dual enrollment program to students in good standing, as defined	3031
by the partnership for continued learning under section 3301.42 of	3032
the Revised Code as it existed prior to ~~the effective date of this~~	3033
~~amendment~~October 16, 2009, or as subsequently defined by the	3034
department of education.	3035

(C) Each school district and each chartered nonpublic high	3036
school shall provide information about the dual enrollment	3037
programs offered by the district or school to all students	3038
enrolled in grades eight through eleven.	3039

Sec. 3313.6411. (A) As used in this section, "parent" has	3040
the same meaning as in section 3313.98 of the Revised Code.	3041

(B) When a student enrolls in a school operated by a city,	3042
exempted village, or local school district, a school official with	3043
responsibility for admissions shall provide the student's parent,	3044
during the admissions process, with a copy of the most recent	3045
report card issued under section 3302.03 of the Revised Code.	3046

Sec. 3313.674. (A) Except as provided in ~~divisions~~division	3047
(D) ~~and (H)~~ of this section, the board of education of each city,	3048
exempted village, or local school district and the governing	3049
authority of each chartered nonpublic school ~~shall~~may require	3050
each student enrolled in kindergarten, third grade, fifth grade,	3051
and ninth grade to undergo a screening for body mass index and	3052
weight status category ~~prior to the first day of May of the school~~	3053
~~year~~.	3054

(B) The board or governing authority may provide any	3055
screenings ~~required~~authorized by this section itself, contract	3056
with another entity for provision of the screenings, or request	3057
the parent or guardian of each student subject to ~~this section~~the	3058
screening to obtain the screening from a provider selected by the	3059
parent or guardian and to submit the results to the board or	3060
governing authority. If the board or governing authority provides	3061
the screenings itself or contracts with another entity for	3062
provision of the screenings, the board or governing authority	3063
shall protect student privacy by ensuring that each student is	3064
screened alone and not in the presence of other students or staff.	3065

(C) ~~Prior to the first day of February of each~~Each school	3066
year, ~~the~~each board or governing authority electing to require	3067
the screening shall provide the parent or guardian of each student	3068
subject to ~~this section~~the screening with information about the	3069
screening program. If the board or governing authority requests	3070
parents and guardians to obtain a screening from a provider of	3071
their choosing, the board or governing authority shall provide	3072
them with a list of providers and information about screening	3073
services available in the community to parents and guardians who	3074
cannot afford a private provider.	3075

(D) If the parent or guardian of a student subject to ~~this~~	3076
~~section~~the screening signs and submits to the board or governing	3077
authority a written statement indicating that the parent or	3078
guardian does not wish to have the student undergo the screening,	3079
the board or governing authority shall not require the student to	3080
be screened.	3081

(E) The board or governing authority shall notify the parent	3082
or guardian of each student screened under this section of any	3083
health risks associated with the student's results and shall	3084
provide the parent or guardian with information about	3085
appropriately addressing the risks. For this purpose, the	3086
department of health, in consultation with the department of	3087
education and the healthy choices for healthy children council	3088
established under section 3301.92 of the Revised Code, shall	3089
develop a list of documents, pamphlets, or other resources that	3090
may be distributed to parents and guardians under this division.	3091

(F) The board or governing authority shall maintain the	3092
confidentiality of each student's individual screening results at	3093
all times. No board or governing authority shall report a	3094
student's individual screening results to any person other than	3095
the student's parent or guardian.	3096

(G) In a manner prescribed by rule of the director of health,	3097
~~the~~each board or governing authority electing to require the	3098
screening shall report aggregated body mass index and weight	3099
status category data collected under this section, and any other	3100
demographic data required by the director, to the department of	3101
health. In the case of a school district, data shall be aggregated	3102
for the district as a whole and not for individual schools within	3103
the district, unless the district operates only one school. In the	3104
case of a chartered nonpublic school, data shall be aggregated for	3105
the school as a whole. The department annually may publish the	3106
data reported under this division, aggregated by county. ~~If any~~	3107
For each county in which a district, community school, STEM	3108
school, or chartered nonpublic school ~~was granted a waiver under~~	3109
~~division (H) of this section~~has elected not to require the	3110
screening for a school year for which data is published, the	3111
department shall note that the data for the county in which the	3112
district or school is located is incomplete. The department may	3113
share data reported under this division with other governmental	3114
entities for the purpose of monitoring population health, making	3115
reports, or public health promotional activities.	3116

~~(H) A board or governing authority may obtain a waiver of the~~	3117
~~requirement to have students undergo screenings for body mass~~	3118
~~index and weight status category by submitting to the~~	3119
~~superintendent of public instruction an affidavit, attested to by~~	3120
~~the president or presiding officer of the board or governing~~	3121
~~authority, stating that the board or governing authority is unable~~	3122
~~to comply with the requirement. The superintendent shall grant the~~	3123
~~waiver upon receipt of the affidavit.~~	3124

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

3125

(1) "Outdoor education center" means a public or nonprofit	3126
private entity that provides to pupils enrolled in any public or	3127
chartered nonpublic elementary or secondary school an outdoor	3128
educational curriculum that the school considers to be part of its	3129
educational program.	3130

(2) "Outside-school-hours care center" has the meaning	3131
established in 7 C.F.R. 226.2.	3132

(B) The state board of education shall establish standards	3133
for a school lunch program, school breakfast program, child and	3134
adult care food program, special food service program for	3135
children, summer food service program for children, special milk	3136
program for children, food service equipment assistance program,	3137
and commodity distribution program established under the "National	3138
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	3139
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	3140
U.S.C. 1771, as amended. Any board of education of a school	3141
district, nonprofit private school, outdoor education center,	3142
child care institution, outside-school-hours care center, or	3143
summer camp desiring to participate in such a program or required	3144
to participate under this section shall, if eligible to	3145
participate under the "National School Lunch Act," as amended, or	3146
the "Child Nutrition Act of 1966," as amended, make application to	3147
the state board of education for assistance. The board shall	3148
administer the allocation and distribution of all state and	3149
federal funds for these programs.	3150

(C) The state board of education shall require the board of	3151
education of each school district to establish and maintain a	3152
school breakfast, lunch, and summer food service program pursuant	3153
to the "National School Lunch Act" and the "Child Nutrition Act of	3154
1966," as described in divisions (C)(1) to (4) of this section.	3155

(1) The state board shall require the board of education in	3156
each school district to establish a breakfast program in every	3157
school where at least one-fifth of the pupils in the school are	3158
eligible under federal requirements for free breakfasts and to	3159
establish a lunch program in every school where at least one-fifth	3160
of the pupils are eligible for free lunches. The board of	3161
education required to establish a breakfast program under this	3162
division may make a charge in accordance with federal requirements	3163
for each reduced price breakfast or paid breakfast to cover the	3164
cost incurred in providing that meal.	3165

(2) The state board shall require the board of education in	3166
each school district to establish a breakfast program in every	3167
school in which the parents of at least one-half of the children	3168
enrolled in the school have requested that the breakfast program	3169
be established. The board of education required to establish a	3170
program under this division may make a charge in accordance with	3171
federal requirements for each meal to cover all or part of the	3172
costs incurred in establishing such a program.	3173

(3) The state board shall require the board of education in	3174
each school district to establish one of the following for summer	3175
intervention services described in division (D) of section	3176
3301.0711 ~~and~~or provided under section 3313.608 of the Revised	3177
Code, and any other summer intervention program required by law:	3178

(a) An extension of the school breakfast program pursuant to	3179
the "National School Lunch Act" and the "Child Nutrition Act of	3180
1966";	3181

(b) An extension of the school lunch program pursuant to	3182
those acts;	3183

3184

(4)(a) If the board of education of a school district	3185
determines that, for financial reasons, it cannot comply with	3186
division (C)(1) or (3) of this section, the district board may	3187
choose not to comply with either or both divisions, except as	3188
provided in division (C)(4)(b) of this section. The district board	3189
publicly shall communicate to the residents of the district, in	3190
the manner it determines appropriate, its decision not to comply.	3191

(b) If a district board chooses not to comply with division	3192
(C)(1) of this section, the state board nevertheless shall require	3193
the district board to establish a breakfast program in every	3194
school where at least one-third of the pupils in the school are	3195
eligible under federal requirements for free breakfasts and to	3196
establish a lunch program in every school where at least one-third	3197
of the pupils are eligible for free lunches. The district board	3198
may make a charge in accordance with federal requirements for each	3199
reduced price breakfast or paid breakfast to cover the cost	3200
incurred in providing that meal.	3201

(c) If a school district cannot for good cause comply with	3202
the requirements of division (C)(2) or (4)(b) of this section at	3203
the time the state board determines that a district is subject to	3204
these requirements, the state board shall grant a reasonable	3205
extension of time. Good cause for an extension of time shall	3206
include, but need not be limited to, economic impossibility of	3207
compliance with the requirements at the time the state board	3208
determines that a district is subject to them.	3209

(D)(1) The state board shall accept the application of any	3210
outdoor education center in the state making application for	3211
participation in a program pursuant to division (B) of this	3212
section.	3213

(2) For purposes of participation in any program pursuant to	3214
this section, the board shall certify any outdoor education center	3215
making application as an educational unit that is part of the	3216
educational system of the state, if the center:	3217

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

3218

(b) Provides its outdoor education curriculum to pupils on an	3219
overnight basis so that pupils are in residence at the center for	3220
more than twenty-four consecutive hours;	3221

(c) Operates under public or nonprofit private ownership in a	3222
single building or complex of buildings.	3223

(3) The board shall approve any outdoor education center	3224
certified under this division for participation in the program for	3225
which the center is making application on the same basis as any	3226
other applicant for that program.	3227

(E) Any school district board of education or chartered	3228
nonpublic school that participates in a breakfast program pursuant	3229
to this section may offer breakfast to pupils in their classrooms	3230
during the school day.	3231

(F) Notwithstanding anything in this section to the contrary,	3232
in each fiscal year in which the general assembly appropriates	3233
funds for purposes of this division, the board of education of	3234
each school district and each chartered nonpublic school that	3235
participates in a breakfast program pursuant to this section shall	3236
provide a breakfast free of charge to each pupil who is eligible	3237
under federal requirements for a reduced price breakfast.	3238

Sec. 3313.816. No public or chartered nonpublic school shall	3239
permit the sale of a la carte beverage items other than the	3240
following during the regular and extended school day:	3241

(A) For a school in which the majority of grades offered are	3242
in the range from kindergarten to grade four:	3243

(1) Water;

3244

(2) Milk;

3245

(3) Eight ounces or less of one hundred per cent fruit juice,	3246
or a one hundred per cent fruit juice and water blend with no	3247
added sweeteners, that contains not more than one hundred sixty	3248
calories per eight ounces.	3249

(B) For a school in which the majority of grades offered are	3250
in the range from grade five to grade eight:	3251

(1) Water;

3252

(2) Milk;

3253

(3) Ten ounces or less of one hundred per cent fruit juice,	3254
or a one hundred per cent fruit juice and water blend with no	3255
added sweeteners, that contains not more than one hundred sixty	3256
calories per eight ounces.	3257

(C) For a school in which the majority of grades offered are	3258
in the range from grade nine to grade twelve:	3259

(1) Water;

3260

(2) Milk;

3261

(3) Twelve ounces or less of one hundred per cent fruit	3262
juice, or a one hundred per cent fruit juice and water blend with	3263
no added sweeteners, that contains not more than one hundred sixty	3264
calories per eight ounces;	3265

(4) Twelve ounces or less of any beverage that contains not	3266
more than sixty-six calories per eight ounces;	3267

(5) Any size of a beverage that contains not more than ten	3268
calories per eight ounces, which may include caffeinated beverages	3269
and beverages with added sweeteners, carbonation, or artificial	3270
flavoring.	3271

~~(D) Each public and chartered nonpublic school shall require~~	3272
~~at least fifty per cent of the a la carte beverage items available~~	3273
~~for sale from each of the following sources during the regular and~~	3274
~~extended school day to be water or other beverages that contain~~	3275
~~not more than ten calories per eight ounces:~~	3276

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

3277

~~(2) A vending machine located on school property that does~~	3278
~~not sell only milk or reimbursable meals;~~	3279

~~(3) A store operated by the school, a student association, or~~	3280
~~other school-sponsored organization.~~	3281

Sec. 3313.845. The board of education of a city, exempted	3282
village, or local school district and the governing board of an	3283
educational service center may enter into an agreement under which	3284
the educational service center will provide services to the school	3285
district. Services provided under the agreement and the amount to	3286
be paid for such services shall be mutually agreed to by the	3287
district board of education and the service center governing	3288
board, and shall be specified in the agreement. Payment for	3289
services specified in the agreement shall be made pursuant to	3290
division (D) of section 3317.11 of the Revised Code and shall not	3291
include any deduction under division (B), (C), or (F) of that	3292
section. Any agreement entered into pursuant to this section shall	3293
be valid only if a copy is filed with the department of education	3294
~~by the first day of the school year for which the agreement is in~~	3295
~~effect~~.	3296

The authority granted under this section to the boards of	3297
education of city, exempted village, and local school districts is	3298
in addition to the authority granted to such boards under section	3299
3313.843 of the Revised Code.	3300

Sec. 3313.847. In the case of a child placed in the custody	3301
of a juvenile facility established under section 2151.65 or a	3302
detention facility established under section 2152.41 of the	3303
Revised Code, if that facility contracts directly with an	3304
educational service center for services for that child, the	3305
service center may submit its request for payment for services for	3306
the child directly to the school district that is responsible to	3307
bear the cost of educating the child, as determined under section	3308
2151.362 of the Revised Code. That district shall pay the service	3309
center directly for those services. Notwithstanding anything to	3310
the contrary in section 3317.03 of the Revised Code, the district	3311
that pays a service center for services for a particular child	3312
under this section shall include that child in the district's	3313
average daily membership as reported under division (A) of section	3314
3317.03 of the Revised Code. No other district shall include the	3315
child in its average daily membership.	3316

Sec. 3313.978. (A) Annually by the first day of November,	3317
the superintendent of public instruction shall notify the pilot	3318
project school district of the number of initial scholarships that	3319
the state superintendent will be awarding in each of grades	3320
kindergarten through twelve.	3321

The state superintendent shall provide information about the	3322
scholarship program to all students residing in the district,	3323
shall accept applications from any such students until such date	3324
as shall be established by the state superintendent as a deadline	3325
for applications, and shall establish criteria for the selection	3326
of students to receive scholarships from among all those applying	3327
prior to the deadline, which criteria shall give preference to	3328
students from low-income families. For each student selected, the	3329
state superintendent shall also determine whether the student	3330
qualifies for seventy-five or ninety per cent of the scholarship	3331
amount. Students whose family income is at or above two hundred	3332
per cent of the maximum income level established by the state	3333
superintendent for low-income families shall qualify for	3334
seventy-five per cent of the scholarship amount and students whose	3335
family income is below two hundred per cent of that maximum income	3336
level shall qualify for ninety per cent of the scholarship amount.	3337
The state superintendent shall notify students of their selection	3338
prior to the fifteenth day of January and whether they qualify for	3339
seventy-five or ninety per cent of the scholarship amount.	3340

(1) A student receiving a pilot project scholarship may	3341
utilize it at an alternative public school by notifying the	3342
district superintendent, at any time before the beginning of the	3343
school year, of the name of the public school in an adjacent	3344
school district to which the student has been accepted pursuant to	3345
section 3327.06 of the Revised Code.	3346

(2) A student may decide to utilize a pilot project	3347
scholarship at a registered private school in the district if all	3348
of the following conditions are met:	3349

(a) By the fifteenth day of February of the preceding school	3350
year, or at any time prior to the start of the school year, the	3351
parent makes an application on behalf of the student to a	3352
registered private school.	3353

(b) The registered private school notifies the parent and the	3354
state superintendent as follows that the student has been	3355
admitted:	3356

(i) By the fifteenth day of March of the preceding school	3357
year if the student filed an application by the fifteenth day of	3358
February and was admitted by the school pursuant to division (A)	3359
of section 3313.977 of the Revised Code;	3360

(ii) Within one week of the decision to admit the student if	3361
the student is admitted pursuant to division (C) of section	3362
3313.977 of the Revised Code.	3363

(c) The student actually enrolls in the registered private	3364
school to which the student was first admitted or in another	3365
registered private school in the district or in a public school in	3366
an adjacent school district.	3367

(B) The state superintendent shall also award in any school	3368
year tutorial assistance grants to a number of students equal to	3369
the number of students who receive scholarships under division (A)	3370
of this section. Tutorial assistance grants shall be awarded	3371
solely to students who are enrolled in the public schools of the	3372
district in a grade level covered by the pilot project. Tutorial	3373
assistance grants may be used solely to obtain tutorial assistance	3374
from a provider approved pursuant to division (D) of section	3375
3313.976 of the Revised Code.	3376

All students wishing to obtain tutorial assistance grants	3377
shall make application to the state superintendent by the first	3378
day of the school year in which the assistance will be used. The	3379
state superintendent shall award assistance grants in accordance	3380
with criteria the superintendent shall establish. For each student	3381
awarded a grant, the state superintendent shall also determine	3382
whether the student qualifies for seventy-five or ninety per cent	3383
of the grant amount and so notify the student. Students whose	3384
family income is at or above two hundred per cent of the maximum	3385
income level established by the state superintendent for	3386
low-income families shall qualify for seventy-five per cent of the	3387
grant amount and students whose family income is below two hundred	3388
per cent of that maximum income level shall qualify for ninety per	3389
cent of the grant amount.	3390

(C)(1) In the case of basic scholarships for students in	3391
grades kindergarten through eight, the scholarship amount shall	3392
not exceed the lesser of the tuition charges of the alternative	3393
school the scholarship recipient attends or three thousand dollars	3394
before fiscal year 2007, three thousand four hundred fifty dollars	3395
in fiscal year 2007 through fiscal year 2011, and four thousand	3396
two hundred fifty dollars in fiscal year 2012 and thereafter.	3397

In the case of basic scholarships for students in grades nine	3398
through twelve, the scholarship amount shall not exceed the lesser	3399
of the tuition charges of the alternative school the scholarship	3400
recipient attends or two thousand seven hundred dollars before	3401
fiscal year 2007, three thousand four hundred fifty dollars in	3402
fiscal year 2007 through fiscal year 2011, and five thousand	3403
dollars in fiscal year 2012 and thereafter.	3404

(2) The state superintendent shall provide for an increase in	3405
the basic scholarship amount in the case of any student who is a	3406
mainstreamed student with a disability and shall further increase	3407
such amount in the case of any separately educated student with a	3408
disability. Such increases shall take into account the	3409
instruction, related services, and transportation costs of	3410
educating such students.	3411

(3) In the case of tutorial assistance grants, the grant	3412
amount shall not exceed the lesser of the provider's actual	3413
charges for such assistance or:	3414

(a) Before fiscal year 2007, a percentage established by the	3415
state superintendent, not to exceed twenty per cent, of the amount	3416
of the pilot project school district's average basic scholarship	3417
amount;	3418

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

3419

(4) No scholarship or tutorial assistance grant shall be	3420
awarded unless the state superintendent determines that	3421
twenty-five or ten per cent, as applicable, of the amount	3422
specified for such scholarship or grant pursuant to division	3423
(C)(1), (2), or (3) of this section will be furnished by a	3424
political subdivision, a private nonprofit or for profit entity,	3425
or another person. Only seventy-five or ninety per cent of such	3426
amounts, as applicable, shall be paid from state funds pursuant to	3427
section 3313.979 of the Revised Code.	3428

(D)(1) Annually by the first day of November, the state	3429
superintendent shall estimate the maximum per-pupil scholarship	3430
amounts for the ensuing school year. The state superintendent	3431
shall make this estimate available to the general public at the	3432
offices of the district board of education together with the forms	3433
required by division (D)(2) of this section.	3434

(2) Annually by the fifteenth day of January, the chief	3435
administrator of each registered private school located in the	3436
pilot project district and the principal of each public school in	3437
such district shall complete a parental information form and	3438
forward it to the president of the board of education. The	3439
parental information form shall be prescribed by the department of	3440
education and shall provide information about the grade levels	3441
offered, the numbers of students, tuition amounts, achievement	3442
test results, and any sectarian or other organizational	3443
affiliations.	3444

(E)(1) Only for the purpose of administering the pilot	3445
project scholarship program, the department may request from any	3446
of the following entities the data verification code assigned	3447
under division (D)(2) of section 3301.0714 of the Revised Code to	3448
any student who is seeking a scholarship under the program:	3449

(a) The school district in which the student is entitled to	3450
attend school under section 3313.64 or 3313.65 of the Revised	3451
Code;	3452

(b) If applicable, the community school in which the student	3453
is enrolled;	3454

(c) The independent contractor engaged to create and maintain	3455
data verification codes.	3456

(2) Upon a request by the department under division (E)(1) of	3457
this section for the data verification code of a student seeking a	3458
scholarship or a request by the student's parent for that code,	3459
the school district or community school shall submit that code to	3460
the department or parent in the manner specified by the	3461
department. If the student has not been assigned a code, because	3462
the student will be entering kindergarten during the school year	3463
for which the scholarship is sought, the district shall assign a	3464
code to that student and submit the code to the department or	3465
parent by a date specified by the department. If the district does	3466
not assign a code to the student by the specified date, the	3467
department shall assign a code to the student.	3468

The department annually shall submit to each school district	3469
the name and data verification code of each student residing in	3470
the district who is entering kindergarten, who has been awarded a	3471
scholarship under the program, and for whom the department has	3472
assigned a code under this division.	3473

(3) The department shall not release any data verification	3474
code that it receives under division (E) of this section to any	3475
person except as provided by law.	3476

(F) Any document relative to the pilot project scholarship	3477
program that the department holds in its files that contains both	3478
a student's name or other personally identifiable information and	3479
the student's data verification code shall not be a public record	3480
under section 149.43 of the Revised Code.	3481

(G)(1) The department annually shall compile the scores	3482
attained by scholarship students enrolled in registered private	3483
schools on the assessments administered to the students pursuant	3484
to division (A)(11) of section 3313.976 of the Revised Code. The	3485
scores shall be aggregated as follows:	3486

(a) By school district, which shall include all scholarship	3487
students residing in the pilot project school district who are	3488
enrolled in a registered private school and were required to take	3489
an assessment pursuant to division (A)(11) of section 3313.976 of	3490
the Revised Code;	3491

(b) By registered private school, which shall include all	3492
scholarship students enrolled in that school who were required to	3493
take an assessment pursuant to division (A)(11) of section	3494
3313.976 of the Revised Code.	3495

(2) The department shall disaggregate the student performance	3496
data described in division (G)(1) of this section according to the	3497
following categories:	3498

(a) ~~Age~~Grade level;

3499

(b) Race and ethnicity;

3500

3501

(d) Students who have participated in the scholarship program	3502
for three or more years;	3503

(e) Students who have participated in the scholarship program	3504
for more than one year and less than three years;	3505

(f) Students who have participated in the scholarship program	3506
for one year or less;	3507

(g) Economically disadvantaged students.

3508

(3) The department shall post the student performance data	3509
required under divisions (G)(1) and (2) of this section on its web	3510
site and shall include that data in the information about the	3511
scholarship program provided to students under division (A) of	3512
this section. In reporting student performance data under this	3513
division, the department shall not include any data that is	3514
statistically unreliable or that could result in the	3515
identification of individual students. For this purpose, the	3516
department shall not report performance data for any group that	3517
contains less than ten students.	3518

(4) The department shall provide the parent of each	3519
scholarship student enrolled in a registered private school with	3520
information comparing the student's performance on the assessments	3521
administered pursuant to division (A)(11) of section 3313.976 of	3522
the Revised Code with the average performance of similar students	3523
enrolled in the building operated by the pilot project school	3524
district that the scholarship student would otherwise attend. In	3525
calculating the performance of similar students, the department	3526
shall consider age, grade, race and ethnicity, gender, and	3527
socioeconomic status.	3528

Sec. 3314.015. (A) The department of education shall be	3529
responsible for the oversight of any and all sponsors of the	3530
community schools established under this chapter and shall provide	3531
technical assistance to schools and sponsors in their compliance	3532
with applicable laws and the terms of the contracts entered into	3533
under section 3314.03 of the Revised Code and in the development	3534
and start-up activities of those schools. In carrying out its	3535
duties under this section, the department shall do all of the	3536
following:	3537

(1) In providing technical assistance to proposing parties,	3538
governing authorities, and sponsors, conduct training sessions and	3539
distribute informational materials;	3540

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

3541

(3) Monitor the effectiveness of any and all sponsors in	3542
their oversight of the schools with which they have contracted;	3543

(4) By December thirty-first of each year, issue a report to	3544
the governor, the speaker of the house of representatives, the	3545
president of the senate, and the chairpersons of the house and	3546
senate committees principally responsible for education matters	3547
regarding the effectiveness of academic programs, operations, and	3548
legal compliance and of the financial condition of all community	3549
schools established under this chapter and on the performance of	3550
community school sponsors;	3551

(5) From time to time, make legislative recommendations to	3552
the general assembly designed to enhance the operation and	3553
performance of community schools.	3554

(B)(1) Except as provided in sections 3314.021 and 3314.027	3555
of the Revised Code, no entity listed in division (C)(1) of	3556
section 3314.02 of the Revised Code shall enter into a preliminary	3557
agreement under division (C)(2) of section 3314.02 of the Revised	3558
Code until it has received approval from the department of	3559
education to sponsor community schools under this chapter and has	3560
entered into a written agreement with the department regarding the	3561
manner in which the entity will conduct such sponsorship. The	3562
department shall adopt in accordance with Chapter 119. of the	3563
Revised Code rules containing criteria, procedures, and deadlines	3564
for processing applications for such approval, for oversight of	3565
sponsors, for revocation of the approval of sponsors, and for	3566
entering into written agreements with sponsors. The rules shall	3567
require an entity to submit evidence of the entity's ability and	3568
willingness to comply with the provisions of division (D) of	3569
section 3314.03 of the Revised Code. The rules also shall require	3570
entities approved as sponsors on and after June 30, 2005, to	3571
demonstrate a record of financial responsibility and successful	3572
implementation of educational programs. If an entity seeking	3573
approval on or after June 30, 2005, to sponsor community schools	3574
in this state sponsors or operates schools in another state, at	3575
least one of the schools sponsored or operated by the entity must	3576
be comparable to or better than the performance of Ohio schools in	3577
need of continuous improvement under section 3302.03 of the	3578
Revised Code, as determined by the department.	3579

Subject to section 3314.016 of the Revised Code, an entity	3580
that sponsors community schools may enter into preliminary	3581
agreements and sponsor up to one hundred schools, provided each	3582
school and the contract for sponsorship meets the requirements of	3583
this chapter.	3584

(2) The department of education shall determine, pursuant to	3585
criteria adopted by rule of the department, whether the mission	3586
proposed to be specified in the contract of a community school to	3587
be sponsored by a state university board of trustees or the	3588
board's designee under division (C)(1)(e) of section 3314.02 of	3589
the Revised Code complies with the requirements of that division.	3590
Such determination of the department is final.	3591

(3) The department of education shall determine, pursuant to	3592
criteria adopted by rule of the department, if any tax-exempt	3593
entity under section 501(c)(3) of the Internal Revenue Code that	3594
is proposed to be a sponsor of a community school is an	3595
education-oriented entity for purpose of satisfying the condition	3596
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	3597
Revised Code. Such determination of the department is final.	3598

(C) If at any time the state board of education finds that a	3599
sponsor is not in compliance or is no longer willing to comply	3600
with its contract with any community school or with the	3601
department's rules for sponsorship, the state board or designee	3602
shall conduct a hearing in accordance with Chapter 119. of the	3603
Revised Code on that matter. If after the hearing, the state board	3604
or designee has confirmed the original finding, the department of	3605
education may revoke the sponsor's approval to sponsor community	3606
schools ~~and~~. In that case, the department's office of Ohio school	3607
sponsorship, established under section 3314.029 of the Revised	3608
Code, may assume the sponsorship of any schools with which the	3609
sponsor has contracted until the earlier of the expiration of two	3610
school years or until a new sponsor as described in division	3611
(C)(1) of section 3314.02 of the Revised Code is secured by the	3612
school's governing authority. The ~~department~~office of Ohio school	3613
sponsorship may extend the term of the contract in the case of a	3614
school for which it has assumed sponsorship under this division as	3615
necessary to accommodate the term of the department's	3616
authorization to sponsor the school specified in this division.	3617
Community schools sponsored under this division shall not apply to	3618
the limit on directly authorized community schools under division	3619
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3620
in this division shall preclude a community school affected by	3621
this division from applying for sponsorship under that section.	3622

(D) The decision of the department to disapprove an entity	3623
for sponsorship of a community school or to revoke approval for	3624
such sponsorship under division (C) of this section, may be	3625
appealed by the entity in accordance with section 119.12 of the	3626
Revised Code.	3627

(E) The department shall adopt procedures for use by a	3628
community school governing authority and sponsor when the school	3629
permanently closes and ceases operation, which shall include at	3630
least procedures for data reporting to the department, handling of	3631
student records, distribution of assets in accordance with section	3632
3314.074 of the Revised Code, and other matters related to ceasing	3633
operation of the school.	3634

(F) In carrying out its duties under this chapter, the	3635
department shall not impose requirements on community schools or	3636
their sponsors that are not permitted by law or duly adopted	3637
rules.	3638

Sec. 3314.016. This section applies to any entity that	3639
sponsors a community school, regardless of whether section	3640
3314.021 or 3314.027 of the Revised Code exempts the entity from	3641
the requirement to be approved for sponsorship under divisions	3642
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3643
office of Ohio school sponsorship established under section	3644
3314.029 of the Revised Code shall be rated under division (D) of	3645
this section, but the prohibitions of divisions (A), (B), (C), and	3646
(E) of this section do not apply to the office.	3647

(A) AnNo entity that sponsors a community school shall be	3648
permitted to enter into contracts under section 3314.03 of the	3649
Revised Code to sponsor additional community schools ~~only~~ if the	3650
entity ~~meets both of the following criteria:~~	3651

~~(1) The entity~~ is not in compliance with all provisions of	3652
this chapter requiring sponsors of community schools to report	3653
data or information to the department of education.	3654

~~(2) The~~(B) No entity that sponsors a conversion community	3655
school shall be permitted to enter into contracts under section	3656
3314.03 of the Revised Code to sponsor additional conversion	3657
schools if the entity is rated "academic watch" or "academic	3658
emergency" under division (D)(1)(a) of this section.	3659

(C) No entity that sponsors a new start-up community school	3660
shall be permitted to enter into contracts under section 3314.03	3661
of the Revised Code to sponsor additional new start-up schools if	3662
the entity is ~~not ranked in the lowest twenty per cent of~~	3663
~~community school sponsors on the ranking prescribed by~~rated	3664
"academic watch" or "academic emergency" under division	3665
~~(B)~~(D)(1)(b) of this section.	3666

~~(B)~~(D)(1) For purposes of this section, the department shall	3667
~~develop a composite performance index score, as defined in section~~	3668
~~3302.01 of the Revised Code, that measures~~use the performance	3669
metrics and rating system prescribed by sections 3302.022 and	3670
3302.03 of the Revised Code to do both of the following:	3671

(a) Assign each entity that sponsors conversion community	3672
schools a rating that reflects the academic performance of	3673
students enrolled in ~~community~~all conversion schools sponsored by	3674
~~the same~~that entity as if those schools constituted a school	3675
district;	3676

(b) Assign each entity that sponsors new start-up community	3677
schools a rating that reflects the academic performance of	3678
students enrolled in all new start-up schools sponsored by that	3679
entity as if those schools constituted a school district. In	3680

(2) In calculating the ~~composite~~ performance ~~index score~~of	3681
a sponsor's schools under division (D)(1) of this section, the	3682
department shall exclude all of the following:	3683

(a) All community schools that have been in operation for	3684
less than two full school years;	3685

(b) All community schools described in division (A)(3) of	3686
section 3314.35 of the Revised Code, but the department shall	3687
cease to exclude ~~those schools beginning January 1, 2013, if the~~	3688
~~general assembly does not enact by that date separate performance~~	3689
~~standards for community schools that operate dropout prevention~~	3690
~~and recovery programs and for community schools that serve~~	3691
~~students with disabilities~~any community school in which a	3692
majority of the students are enrolled in a dropout prevention and	3693
recovery program that is operated by the school and that has been	3694
granted a waiver under section 3314.36 of the Revised Code after	3695
the date the first district and building report cards using the	3696
performance indicators for dropout prevention and recovery	3697
programs, adopted under section 3302.022 of the Revised Code, are	3698
issued. ~~The~~On and after that date, the department shall continue	3699
to exclude any community school in which a majority of the	3700
enrolled students are children with disabilities receiving special	3701
education and related services in accordance with Chapter 3323. of	3702
the Revised Code.	3703

The department ~~annually~~ shall ~~rank all entities that sponsor~~	3704
~~community schools from highest to lowest according to the~~	3705
~~entities' composite performance index scores~~publish the ratings	3706
required by division (D)(1) of this section between the first day	3707
of October and the fifteenth day of October.	3708

~~(C)~~(E)(1) If the governing authority of a community school	3709
enters into a contract with a sponsor prior to the date on which	3710
the sponsor is prohibited from sponsoring additional schools under	3711
division (A) of this section and the school has not opened for	3712
operation as of that date, that contract shall be void and the	3713
school shall not open until the governing authority secures a new	3714
sponsor by entering into a contract with the new sponsor under	3715
section 3314.03 of the Revised Code.	3716

(2) If the governing authority of a conversion community	3717
school enters into a contract with a sponsor prior to the date on	3718
which the sponsor is prohibited from sponsoring additional	3719
conversion schools under division (B) of this section and the	3720
school has not opened for operation as of that date, that contract	3721
shall be void and the school shall not open until the governing	3722
authority secures a new sponsor by entering into a contract with	3723
the new sponsor under section 3314.03 of the Revised Code.	3724

(3) If the governing authority of a new start-up community	3725
school enters into a contract with a sponsor prior to the date on	3726
which the sponsor is prohibited from sponsoring additional new	3727
start-up schools under division (C) of this section and the school	3728
has not opened for operation as of that date, that contract shall	3729
be void and the school shall not open until the governing	3730
authority secures a new sponsor by entering into a contract with	3731
the new sponsor under section 3314.03 of the Revised Code.	3732

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

3733

(1) "Sponsor" means the board of education of a school	3734
district or the governing board of an educational service center	3735
that agrees to the conversion of all or part of a school or	3736
building under division (B) of this section, or an entity listed	3737
in division (C)(1) of this section, which either has been approved	3738
by the department of education to sponsor community schools or is	3739
exempted by section 3314.021 or 3314.027 of the Revised Code from	3740
obtaining approval, and with which the governing authority of ~~the~~	3741
~~proposed~~a community school enters into a contract ~~pursuant to~~	3742
~~this~~under section 3314.03 of the Revised Code.	3743

(2) "Pilot project area" means the school districts included	3744
in the territory of the former community school pilot project	3745
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3746
the 122nd general assembly.	3747

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

3748

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

3749

(b) A school district that is either in a state of academic	3750
emergency or in a state of academic watch under section 3302.03 of	3751
the Revised Code;	3752

3753

(d) A school district ranked in the lowest five per cent of	3754
school districts according to performance index score under	3755
section 3302.21 of the Revised Code.	3756

(4) "Big eight school district" means a school district that	3757
for fiscal year 1997 had both of the following:	3758

(a) A percentage of children residing in the district and	3759
participating in the predecessor of Ohio works first greater than	3760
thirty per cent, as reported pursuant to section 3317.10 of the	3761
Revised Code;	3762

(b) An average daily membership greater than twelve thousand,	3763
as reported pursuant to former division (A) of section 3317.03 of	3764
the Revised Code.	3765

(5) "New start-up school" means a community school other than	3766
one created by converting all or part of an existing public school	3767
or educational service center building, as designated in the	3768
school's contract pursuant to division (A)(17) of section 3314.03	3769
of the Revised Code.	3770

(6) "Urban school district" means one of the state's	3771
twenty-one urban school districts as defined in division (O) of	3772
section 3317.02 of the Revised Code as that section existed prior	3773
to July 1, 1998.	3774

(7) "Internet- or computer-based community school" means a	3775
community school established under this chapter in which the	3776
enrolled students work primarily from their residences on	3777
assignments in nonclassroom-based learning opportunities provided	3778
via an internet- or other computer-based instructional method that	3779
does not rely on regular classroom instruction or via	3780
comprehensive instructional methods that include internet-based,	3781
other computer-based, and noncomputer-based learning	3782
opportunities.	3783

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

3784

(a) An individual or organization that manages the daily	3785
operations of a community school pursuant to a contract between	3786
the operator and the school's governing authority;	3787

(b) A nonprofit organization that provides programmatic	3788
oversight and support to a community school under a contract with	3789
the school's governing authority and that retains the right to	3790
terminate its affiliation with the school if the school fails to	3791
meet the organization's quality standards.	3792

(B) Any person or group of individuals may initially propose	3793
under this division the conversion of all or a portion of a public	3794
school or a building operated by an educational service center to	3795
a community school. The proposal shall be made to the board of	3796
education of the city, local, exempted village, or joint	3797
vocational school district in which the public school is proposed	3798
to be converted or, in the case of the conversion of a building	3799
operated by an educational service center, to the governing board	3800
of the service center. Upon receipt of a proposal, a board may	3801
enter into a preliminary agreement with the person or group	3802
proposing the conversion of the public school or service center	3803
building, indicating the intention of the board to support the	3804
conversion to a community school. A proposing person or group that	3805
has a preliminary agreement under this division may proceed to	3806
finalize plans for the school, establish a governing authority for	3807
the school, and negotiate a contract with the board. Provided the	3808
proposing person or group adheres to the preliminary agreement and	3809
all provisions of this chapter, the board shall negotiate in good	3810
faith to enter into a contract in accordance with section 3314.03	3811
of the Revised Code and division (C) of this section.	3812

(C)(1) Any person or group of individuals may propose under	3813
this division the establishment of a new start-up school to be	3814
located in a challenged school district. The proposal may be made	3815
to any of the following entities:	3816

(a) The board of education of the district in which the	3817
school is proposed to be located;	3818

(b) The board of education of any joint vocational school	3819
district with territory in the county in which is located the	3820
majority of the territory of the district in which the school is	3821
proposed to be located;	3822

(c) The board of education of any other city, local, or	3823
exempted village school district having territory in the same	3824
county where the district in which the school is proposed to be	3825
located has the major portion of its territory;	3826

(d) The governing board of any educational service center~~, as~~	3827
~~long as the proposed school will be located in a county within the~~	3828
~~territory of the service center or in a county contiguous to such~~	3829
~~county~~;	3830

(e) A sponsoring authority designated by the board of	3831
trustees of any of the thirteen state universities listed in	3832
section 3345.011 of the Revised Code or the board of trustees	3833
itself as long as a mission of the proposed school to be specified	3834
in the contract under division (A)(2) of section 3314.03 of the	3835
Revised Code and as approved by the department of education under	3836
division (B)(2) of section 3314.015 of the Revised Code will be	3837
the practical demonstration of teaching methods, educational	3838
technology, or other teaching practices that are included in the	3839
curriculum of the university's teacher preparation program	3840
approved by the state board of education;	3841

(f) Any qualified tax-exempt entity under section 501(c)(3)	3842
of the Internal Revenue Code as long as all of the following	3843
conditions are satisfied:	3844

(i) The entity has been in operation for at least five years	3845
prior to applying to be a community school sponsor.	3846

(ii) The entity has assets of at least five hundred thousand	3847
dollars and a demonstrated record of financial responsibility.	3848

(iii) The department of education has determined that the	3849
entity is an education-oriented entity under division (B)(3) of	3850
section 3314.015 of the Revised Code and the entity has a	3851
demonstrated record of successful implementation of educational	3852
programs.	3853

(iv) The entity is not a community school.

3854

Any entity described in division (C)(1) of this section may	3855
enter into a preliminary agreement pursuant to division (C)(2) of	3856
this section with the proposing person or group.	3857

(2) A preliminary agreement indicates the intention of an	3858
entity described in division (C)(1) of this section to sponsor the	3859
community school. A proposing person or group that has such a	3860
preliminary agreement may proceed to finalize plans for the	3861
school, establish a governing authority as described in division	3862
(E) of this section for the school, and negotiate a contract with	3863
the entity. Provided the proposing person or group adheres to the	3864
preliminary agreement and all provisions of this chapter, the	3865
entity shall negotiate in good faith to enter into a contract in	3866
accordance with section 3314.03 of the Revised Code.	3867

(3) A new start-up school that is established in a school	3868
district while that district is either in a state of academic	3869
emergency or in a state of academic watch under section 3302.03 of	3870
the Revised Code or ranked in the lowest five per cent according	3871
to performance index score under section 3302.21 of the Revised	3872
Code may continue in existence once the school district is no	3873
longer in a state of academic emergency or academic watch or	3874
ranked in the lowest five per cent according to performance index	3875
score, provided there is a valid contract between the school and a	3876
sponsor.	3877

(4) A copy of every preliminary agreement entered into under	3878
this division shall be filed with the superintendent of public	3879
instruction.	3880

(D) A majority vote of the board of a sponsoring entity and a	3881
majority vote of the members of the governing authority of a	3882
community school shall be required to adopt a contract and convert	3883
the public school or educational service center building to a	3884
community school or establish the new start-up school. Beginning	3885
September 29, 2005, adoption of the contract shall occur not later	3886
than the fifteenth day of March, and signing of the contract shall	3887
occur not later than the fifteenth day of May, prior to the school	3888
year in which the school will open. The governing authority shall	3889
notify the department of education when the contract has been	3890
signed. Subject to sections 3314.013 and 3314.016 of the Revised	3891
Code, an unlimited number of community schools may be established	3892
in any school district provided that a contract is entered into	3893
for each community school pursuant to this chapter.	3894

(E)(1) As used in this division, "immediate relatives" are	3895
limited to spouses, children, parents, grandparents, siblings, and	3896
in-laws.	3897

Each new start-up community school established under this	3898
chapter shall be under the direction of a governing authority	3899
which shall consist of a board of not less than five individuals.	3900

No person shall serve on the governing authority or operate	3901
the community school under contract with the governing authority	3902
so long as the person owes the state any money or is in a dispute	3903
over whether the person owes the state any money concerning the	3904
operation of a community school that has closed.	3905

(2) No(a) Except as provided in division (E)(2)(b) of this	3906
section, no person shall serve on the governing authorities of	3907
more than two start-up community schools at the same time.	3908

(b) On or after the effective date of this amendment, a	3909
person may serve on the governing authorities of more than two,	3910
but not more than five, community schools at one time, subject to	3911
divisions (E)(2)(b)(i) and (ii) of this section.	3912

(i) If any of the community schools for which a person is a	3913
member of the governing authority is rated "academic emergency" or	3914
"academic watch" under section 3302.03 of the Revised Code, the	3915
person may serve on the governing authorities of additional	3916
community schools only if, and only to the extent that, the rating	3917
of one or more of the community schools for which the person is	3918
currently serving as a governing authority member improves to at	3919
least "continuous improvement." The person may serve on the	3920
governing authority of one additional community school for each	3921
community school that has an improved rating of at least	3922
"continuous improvement," up to the maximum of five schools, as	3923
prescribed by division (E)(2)(b) of this section.	3924

(ii) A single governing authority, consisting of all five	3925
members, may direct up to five separate community schools, only as	3926
long as not more than one of the schools under its direction is	3927
ranked in the lowest twenty-five per cent of all public school	3928
buildings statewide according to performance index score under	3929
section 3302.21 of the Revised Code.	3930

(3) No present or former member, or immediate relative of a	3931
present or former member, of the governing authority of any	3932
community school established under this chapter shall be an owner,	3933
employee, or consultant of any sponsor or operator of a community	3934
school, unless at least one year has elapsed since the conclusion	3935
of the person's membership.	3936

(4) The governing authority of a start-up community school	3937
may provide by resolution for the compensation of its members.	3938
However, no individual who serves on the governing authority of a	3939
start-up community school shall be compensated more than four	3940
hundred twenty-five dollars per meeting of that governing	3941
authority and no such individual shall be compensated more than a	3942
total amount of five thousand dollars per year for all governing	3943
authorities upon which the individual serves.	3944

(F)(1) A new start-up school that is established prior to	3945
August 15, 2003, in an urban school district that is not also a	3946
big-eight school district may continue to operate after that date	3947
and the contract between the school's governing authority and the	3948
school's sponsor may be renewed, as provided under this chapter,	3949
after that date, but no additional new start-up schools may be	3950
established in such a district unless the district is a challenged	3951
school district as defined in this section as it exists on and	3952
after that date.	3953

(2) A community school that was established prior to June 29,	3954
1999, and is located in a county contiguous to the pilot project	3955
area and in a school district that is not a challenged school	3956
district may continue to operate after that date, provided the	3957
school complies with all provisions of this chapter. The contract	3958
between the school's governing authority and the school's sponsor	3959
may be renewed, but no additional start-up community school may be	3960
established in that district unless the district is a challenged	3961
school district.	3962

~~(3) Any educational service center that, on June 30, 2007,~~	3963
~~sponsors a community school that is not located in a county within~~	3964
~~the territory of the service center or in a county contiguous to~~	3965
~~such county may continue to sponsor that community school on and~~	3966
~~after June 30, 2007, and may renew its contract with the school.~~	3967
~~However, the educational service center shall not enter into a~~	3968
~~contract with any additional community school unless the school is~~	3969
~~located in a county within the territory of the service center or~~	3970
~~in a county contiguous to such county.~~	3971

Sec. 3314.025. (A)(1) Notwithstanding anything to the	3972
contrary in this chapter, any nonprofit organization whose	3973
membership consists solely of entities described in divisions	3974
(C)(1)(a) to (f) of section 3314.02 of the Revised Code may	3975
sponsor community schools, provided that, in accordance with	3976
division (B) of section 3314.015 of the Revised Code, the	3977
department of education approves the organization as a sponsor and	3978
the organization enters into a written agreement with the	3979
department regarding the manner in which the organization will	3980
conduct its sponsorship.	3981

(2) Each organization approved under this division shall	3982
include as members at least one of each of the following:	3983

(a) A city, local, exempted village, or joint vocational	3984
school district that sponsors a community school;	3985

(b) An educational service center that sponsors a community	3986
school;	3987

(c) A qualified tax-exempt entity described in division	3988
(C)(1)(f) of section 3314.02 of the Revised Code that sponsors a	3989
community school.	3990

(B) An organization approved under division (A) of this	3991
section may do all of the following:	3992

(1) Assume the sponsorship of any community school with which	3993
a member of the organization has entered into a contract under	3994
section 3314.03 of the Revised Code, provided the transfer of the	3995
sponsorship authority takes effect only at the beginning of a	3996
school year and one of the following conditions is met:	3997

(a) If the contract has expired, the governing authority of	3998
the community school enters into a successor contract with the	3999
organization under section 3314.03 of the Revised Code.	4000

(b) If the contract has not expired, both the governing	4001
authority of the community school and the governing body of the	4002
member adopt a resolution consenting to the organization becoming	4003
the school's sponsor prior to the expiration of the contract, and	4004
the governing authority and the organization amend the contract to	4005
reflect the transfer of the school's sponsorship to the	4006
organization.	4007

(2) Enter into a preliminary agreement with a person or group	4008
proposing to convert all or a portion of a building operated by a	4009
school district or educational service center that is a member of	4010
the organization into a community school and, if the district	4011
board of education or service center governing board adopts a	4012
resolution approving the conversion, enter into a contract with	4013
the governing authority of the school under section 3314.03 of the	4014
Revised Code;	4015

(3) Enter into a preliminary agreement with a person or group	4016
proposing the establishment of a new start-up school to be located	4017
in a challenged school district and enter into a contract with the	4018
governing authority of the school under section 3314.03 of the	4019
Revised Code.	4020

(C) An organization approved under division (A) of this	4021
section shall comply with all applicable requirements of this	4022
chapter in the same manner as any other sponsor.	4023

(D) Nothing in this section prohibits a member of an	4024
organization approved under division (A) of this section from	4025
sponsoring a community school on its own in its capacity as an	4026
autonomous entity authorized to sponsor community schools under	4027
section 3314.02 of the Revised Code.	4028

Sec. 3314.029. This section establishes the Ohio school	4029
sponsorship program. The department of education shall establish	4030
an office of Ohio school sponsorship to perform the department's	4031
duties prescribed by this section.	4032

(A)(1) Notwithstanding anything to the contrary in this	4033
chapter, but subject to section ~~3314.20~~3314.013 of the Revised	4034
Code, any person, group of individuals, or entity may apply to the	4035
department for direct authorization to establish a community	4036
school and, upon approval of the application, may establish the	4037
school. Notwithstanding anything to the contrary in this chapter,	4038
the governing authority of an existing community school, upon the	4039
expiration or termination of its contract with the school's	4040
sponsor entered into under section 3314.03 of the Revised Code,	4041
may apply to the department for direct authorization to continue	4042
operating the school and, upon approval of the application and	4043
contract, may continue to operate the school.	4044

The office of Ohio school sponsorship shall adopt	4045
application, rating, and selection procedures, including, but not	4046
limited to, application format, deadlines for submission and	4047
processing of applications, and parameters for written agreements	4048
with developers of new community schools or the governing	4049
authorities of existing community schools. The procedures shall	4050
apply first to applications counting against the limits prescribed	4051
by division (A)(3) of this section for the 2012-2013 school year.	4052

Each application submitted to the department under this	4053
division shall include, but not be limited to, all of the	4054
following:	4055

(a) Evidence that the applicant will be able to comply with	4056
division (C) of this section;	4057

(b) A statement indicating that the applicant agrees to	4058
comply with all applicable provisions of this chapter, including	4059
the requirement to be established as a nonprofit corporation or	4060
public benefit corporation in accordance with division (A)(1) of	4061
section 3314.03 of the Revised Code;	4062

(c) A statement attesting that no unresolved finding of	4063
recovery has been issued by the auditor of state against any	4064
person, group of individuals, or entity that is a party to the	4065
application and that no person who is party to the application has	4066
been a member of the governing authority of any community school	4067
that has permanently closed and against which an unresolved	4068
finding of recovery has been issued by the auditor of state. In	4069
the case of an application submitted by the governing authority of	4070
an existing community school, a person who is party to the	4071
application shall include each individual member of that governing	4072
authority.	4073

(d) A statement that the school will be nonsectarian in its	4074
programs, admission policies, employment practices, and all other	4075
operations, and will not be operated by a sectarian school or	4076
religious institution;	4077

(e) A statement of whether the school is to be created by	4078
converting all or part of an existing public school or educational	4079
service center building or is to be a new start-up school. If it	4080
is a converted public school or service center building, the	4081
statement shall include a specification of any duties or	4082
responsibilities of an employer that the board of education or	4083
service center governing board that operated the school or	4084
building before conversion is delegating to the governing	4085
authority of the community school with respect to all or any	4086
specified group of employees, provided the delegation is not	4087
prohibited by a collective bargaining agreement applicable to such	4088
employees.	4089

(f) A statement that the school's teachers will be licensed	4090
in the manner prescribed by division (A)(10) of section 3314.03 of	4091
the Revised Code;	4092

(g) A statement that the school will comply with all of the	4093
provisions of law enumerated in divisions (A)(11)(d) and (e) of	4094
section 3314.03 of the Revised Code and of division (A)(11)(h) of	4095
that section, if applicable;	4096

(h) A statement that the school's graduation and curriculum	4097
requirements will comply with division (A)(11)(f) of section	4098
3314.03 of the Revised Code;	4099

(i) A description of each of the following:

4100

(i) The school's mission and educational program, the	4101
characteristics of the students the school is expected to attract,	4102
the ages and grade levels of students, and the focus of the	4103
curriculum;	4104

(ii) The school's governing authority, which shall be in	4105
compliance with division (E) of section 3314.02 of the Revised	4106
Code;	4107

(iii) The school's admission and dismissal policies, which	4108
shall be in compliance with divisions (A)(5) and (6) of section	4109
3314.03 of the Revised Code;	4110

(iv) The school's business plan, including a five-year	4111
financial forecast;	4112

(v) In the case of an application to establish a community	4113
school, the applicant's resources and capacity to establish and	4114
operate the school;	4115

(vi) The school's academic goals to be achieved and the	4116
method of measurement that will be used to determine progress	4117
toward those goals, which shall include the statewide achievement	4118
assessments;	4119

(vii) The facilities to be used by the school and their	4120
locations;	4121

(viii) A description of the learning opportunities that will	4122
be offered to students including both classroom-based and	4123
nonclassroom-based learning opportunities that are in compliance	4124
with criteria for student participation established by the	4125
department under division (L)(2) of section 3314.08 of the Revised	4126
Code.	4127

(2) Subject to division (A)(3) of this section,:

4128

(a) For the 2011-2012 school year, the department shall	4129
approve each application, unless, within thirty days after receipt	4130
of the application, the department determines that the application	4131
does not satisfy the requirements of division (A)(1) of this	4132
section and provides the applicant a written explanation of the	4133
reasons for the determination. In that case, the department shall	4134
grant the applicant thirty days to correct the insufficiencies in	4135
the application. If the department determines that the	4136
insufficiencies have been corrected, it shall approve the	4137
application. If the department determines that the insufficiencies	4138
have not been corrected, it shall deny the application and provide	4139
the applicant with a written explanation of the reasons for the	4140
denial. The denial of an application may be appealed in accordance	4141
with section 119.12 of the Revised Code.	4142

(b) For the 2012-2013 school year and the next three school	4143
years thereafter, the department shall approve a number of	4144
applications submitted under division (A)(1) of this section up to	4145
the number prescribed by division (A)(3) of this section. If the	4146
number of applications exceeds the limits prescribed by that	4147
division, the department shall approve the highest rated	4148
applications as determined through the process established under	4149
division (A)(1) of this section. The decision of the department is	4150
final and is not subject to appeal.	4151

(3) For each of five school years, beginning with the school	4152
year that begins in the calendar year in which this section takes	4153
effect, the department may approve up to twenty applications for	4154
community schools to be established or to continue operation under	4155
division (A) of this section; however, of the twenty applications	4156
that may be approved each school year, only up to five may be for	4157
the establishment of new schools.	4158

(B) The department and the governing authority of each	4159
community school authorized under this section shall enter into a	4160
contract under section 3314.03 of the Revised Code.	4161
Notwithstanding division (A)(13) of that section, the contract	4162
with an existing community school may begin at any time during the	4163
academic year. The length of the initial contract of any community	4164
school under this section may be for any term up to five years.	4165
The contract may be renewed in accordance with division (E) of	4166
that section. The contract may provide for the school's governing	4167
authority to pay a fee for oversight and monitoring of the school	4168
that does not exceed three per cent of the total amount of	4169
payments for operating expenses that the school receives from the	4170
state.	4171

(C) The department may require a community school authorized	4172
under this section to post and file with the superintendent of	4173
public instruction a bond payable to the state or to file with the	4174
state superintendent a guarantee, which shall be used to pay the	4175
state any moneys owed by the community school in the event the	4176
school closes.	4177

(D) Except as otherwise provided in this section, a community	4178
school authorized under this section shall comply with all	4179
applicable provisions of this chapter. The department may take any	4180
action that a sponsor may take under this chapter to enforce the	4181
school's compliance with this division and the terms of the	4182
contract entered into under division (B) of this section.	4183

(E) Not later than December 31, 2012, and annually	4184
thereafter, the department shall issue a report on the program,	4185
including information about the number of community schools	4186
participating in the program and their compliance with the	4187
provisions of this chapter. In its fifth report, the department	4188
shall include a complete evaluation of the program and	4189
recommendations regarding the program's continuation. Each report	4190
shall be provided to the general assembly, in accordance with	4191
section 101.68 of the Revised Code, and to the governor.	4192

Sec. 3314.03. A copy of every contract entered into under	4193
this section shall be filed with the superintendent of public	4194
instruction. The department of education shall make available on	4195
its web site a copy of every approved, executed contract filed	4196
with the superintendent under this section.	4197

(A) Each contract entered into between a sponsor and the	4198
governing authority of a community school shall specify the	4199
following:	4200

(1) That the school shall be established as either of the	4201
following:	4202

(a) A nonprofit corporation established under Chapter 1702.	4203
of the Revised Code, if established prior to April 8, 2003;	4204

(b) A public benefit corporation established under Chapter	4205
1702. of the Revised Code, if established after April 8, 2003.	4206

(2) The education program of the school, including the	4207
school's mission, the characteristics of the students the school	4208
is expected to attract, the ages and grades of students, and the	4209
focus of the curriculum;	4210

(3) The academic goals to be achieved and the method of	4211
measurement that will be used to determine progress toward those	4212
goals, which shall include the statewide achievement assessments;	4213

(4) Performance standards by which the success of the school	4214
will be evaluated by the sponsor;	4215

(5) The admission standards of section 3314.06 of the Revised	4216
Code and, if applicable, section 3314.061 of the Revised Code;	4217

(6)(a) Dismissal procedures;

4218

(b) A requirement that the governing authority adopt an	4219
attendance policy that includes a procedure for automatically	4220
withdrawing a student from the school if the student without a	4221
legitimate excuse fails to participate in one hundred five	4222
consecutive hours of the learning opportunities offered to the	4223
student.	4224

(7) The ways by which the school will achieve racial and	4225
ethnic balance reflective of the community it serves;	4226

(8) Requirements for financial audits by the auditor of	4227
state. The contract shall require financial records of the school	4228
to be maintained in the same manner as are financial records of	4229
school districts, pursuant to rules of the auditor of state.	4230
Audits shall be conducted in accordance with section 117.10 of the	4231
Revised Code.	4232

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

4233

(10) Qualifications of teachers, including the following:

4234

(a) A requirement that the school's classroom teachers be	4235
licensed in accordance with sections 3319.22 to 3319.31 of the	4236
Revised Code, except that a community school may engage	4237
noncertificated persons to teach up to twelve hours per week	4238
pursuant to section 3319.301 of the Revised Code;	4239

(b) A requirement that each classroom teacher initially hired	4240
by the school on or after July 1, 2013, and employed to provide	4241
instruction in physical education hold a valid license issued	4242
pursuant to section 3319.22 of the Revised Code for teaching	4243
physical education.	4244

(11) That the school will comply with the following	4245
requirements:	4246

(a) The school will provide learning opportunities to a	4247
minimum of twenty-five students for a minimum of nine hundred	4248
twenty hours per school year.	4249

(b) The governing authority will purchase liability	4250
insurance, or otherwise provide for the potential liability of the	4251
school.	4252

(c) The school will be nonsectarian in its programs,	4253
admission policies, employment practices, and all other	4254
operations, and will not be operated by a sectarian school or	4255
religious institution.	4256

(d) The school will comply with sections 9.90, 9.91, 109.65,	4257
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4258
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	4259
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	4260
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	4261
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	4262
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,	4263
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	4264
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	4265
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	4266
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	4267
and 4167. of the Revised Code as if it were a school district and	4268
will comply with section 3301.0714 of the Revised Code in the	4269
manner specified in section 3314.17 of the Revised Code.	4270

(e) The school shall comply with Chapter 102. and section	4271
2921.42 of the Revised Code.	4272

(f) The school will comply with sections 3313.61, 3313.611,	4273
and 3313.614 of the Revised Code, except that for students who	4274
enter ninth grade for the first time before July 1, 2010, the	4275
requirement in sections 3313.61 and 3313.611 of the Revised Code	4276
that a person must successfully complete the curriculum in any	4277
high school prior to receiving a high school diploma may be met by	4278
completing the curriculum adopted by the governing authority of	4279
the community school rather than the curriculum specified in Title	4280
XXXIII of the Revised Code or any rules of the state board of	4281
education. Beginning with students who enter ninth grade for the	4282
first time on or after July 1, 2010, the requirement in sections	4283
3313.61 and 3313.611 of the Revised Code that a person must	4284
successfully complete the curriculum of a high school prior to	4285
receiving a high school diploma shall be met by completing the	4286
Ohio core curriculum prescribed in division (C) of section	4287
3313.603 of the Revised Code, unless the person qualifies under	4288
division (D) or (F) of that section. Each school shall comply with	4289
the plan for awarding high school credit based on demonstration of	4290
subject area competency, adopted by the state board of education	4291
under division (J) of section 3313.603 of the Revised Code.	4292

(g) The school governing authority will submit within four	4293
months after the end of each school year a report of its	4294
activities and progress in meeting the goals and standards of	4295
divisions (A)(3) and (4) of this section and its financial status	4296
to the sponsor and the parents of all students enrolled in the	4297
school.	4298

(h) The school, unless it is an internet- or computer-based	4299
community school, will comply with ~~sections 3313.674 and~~section	4300
3313.801 of the Revised Code as if it were a school district.	4301

(i) If the school is the recipient of moneys from a grant	4302
awarded under the federal race to the top program, Division (A),	4303
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4304
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4305
school will pay teachers based upon performance in accordance with	4306
section 3317.141 and will comply with section 3319.111 of the	4307
Revised Code as if it were a school district.	4308

(12) Arrangements for providing health and other benefits to	4309
employees;	4310

(13) The length of the contract, which shall begin at the	4311
beginning of an academic year. No contract shall exceed five years	4312
unless such contract has been renewed pursuant to division (E) of	4313
this section.	4314

(14) The governing authority of the school, which shall be	4315
responsible for carrying out the provisions of the contract;	4316

(15) A financial plan detailing an estimated school budget	4317
for each year of the period of the contract and specifying the	4318
total estimated per pupil expenditure amount for each such year.	4319
The plan shall specify for each year the base formula amount that	4320
will be used for purposes of funding calculations under section	4321
3314.08 of the Revised Code. This base formula amount for any year	4322
shall not exceed the formula amount defined under section 3317.02	4323
of the Revised Code. The plan may also specify for any year a	4324
percentage figure to be used for reducing the per pupil amount of	4325
the subsidy calculated pursuant to section 3317.029 of the Revised	4326
Code the school is to receive that year under section 3314.08 of	4327
the Revised Code.	4328

(16) Requirements and procedures regarding the disposition of	4329
employees of the school in the event the contract is terminated or	4330
not renewed pursuant to section 3314.07 of the Revised Code;	4331

(17) Whether the school is to be created by converting all or	4332
part of an existing public school or educational service center	4333
building or is to be a new start-up school, and if it is a	4334
converted public school or service center building, specification	4335
of any duties or responsibilities of an employer that the board of	4336
education or service center governing board that operated the	4337
school or building before conversion is delegating to the	4338
governing authority of the community school with respect to all or	4339
any specified group of employees provided the delegation is not	4340
prohibited by a collective bargaining agreement applicable to such	4341
employees;	4342

(18) Provisions establishing procedures for resolving	4343
disputes or differences of opinion between the sponsor and the	4344
governing authority of the community school;	4345

(19) A provision requiring the governing authority to adopt a	4346
policy regarding the admission of students who reside outside the	4347
district in which the school is located. That policy shall comply	4348
with the admissions procedures specified in sections 3314.06 and	4349
3314.061 of the Revised Code and, at the sole discretion of the	4350
authority, shall do one of the following:	4351

(a) Prohibit the enrollment of students who reside outside	4352
the district in which the school is located;	4353

(b) Permit the enrollment of students who reside in districts	4354
adjacent to the district in which the school is located;	4355

(c) Permit the enrollment of students who reside in any other	4356
district in the state.	4357

(20) A provision recognizing the authority of the department	4358
of education to take over the sponsorship of the school in	4359
accordance with the provisions of division (C) of section 3314.015	4360
of the Revised Code;	4361

(21) A provision recognizing the sponsor's authority to	4362
assume the operation of a school under the conditions specified in	4363
division (B) of section 3314.073 of the Revised Code;	4364

(22) A provision recognizing both of the following:

4365

(a) The authority of public health and safety officials to	4366
inspect the facilities of the school and to order the facilities	4367
closed if those officials find that the facilities are not in	4368
compliance with health and safety laws and regulations;	4369

(b) The authority of the department of education as the	4370
community school oversight body to suspend the operation of the	4371
school under section 3314.072 of the Revised Code if the	4372
department has evidence of conditions or violations of law at the	4373
school that pose an imminent danger to the health and safety of	4374
the school's students and employees and the sponsor refuses to	4375
take such action.	4376

(23) A description of the learning opportunities that will be	4377
offered to students including both classroom-based and	4378
non-classroom-based learning opportunities that is in compliance	4379
with criteria for student participation established by the	4380
department under division (L)(2) of section 3314.08 of the Revised	4381
Code;	4382

(24) The school will comply with sections 3302.04 and	4383
3302.041 of the Revised Code, except that any action required to	4384
be taken by a school district pursuant to those sections shall be	4385
taken by the sponsor of the school. However, the sponsor shall not	4386
be required to take any action described in division (F) of	4387
section 3302.04 of the Revised Code.	4388

(25) Beginning in the 2006-2007 school year, the school will	4389
open for operation not later than the thirtieth day of September	4390
each school year, unless the mission of the school as specified	4391
under division (A)(2) of this section is solely to serve dropouts.	4392
In its initial year of operation, if the school fails to open by	4393
the thirtieth day of September, or within one year after the	4394
adoption of the contract pursuant to division (D) of section	4395
3314.02 of the Revised Code if the mission of the school is solely	4396
to serve dropouts, the contract shall be void.	4397

(B) The community school shall also submit to the sponsor a	4398
comprehensive plan for the school. The plan shall specify the	4399
following:	4400

(1) The process by which the governing authority of the	4401
school will be selected in the future;	4402

(2) The management and administration of the school;

4403

(3) If the community school is a currently existing public	4404
school or educational service center building, alternative	4405
arrangements for current public school students who choose not to	4406
attend the converted school and for teachers who choose not to	4407
teach in the school or building after conversion;	4408

(4) The instructional program and educational philosophy of	4409
the school;	4410

(5) Internal financial controls.

4411

(C) A contract entered into under section 3314.02 of the	4412
Revised Code between a sponsor and the governing authority of a	4413
community school may provide for the community school governing	4414
authority to make payments to the sponsor, which is hereby	4415
authorized to receive such payments as set forth in the contract	4416
between the governing authority and the sponsor. The total amount	4417
of such payments for oversight and monitoring of the school shall	4418
not exceed three per cent of the total amount of payments for	4419
operating expenses that the school receives from the state.	4420

(D) The contract shall specify the duties of the sponsor	4421
which shall be in accordance with the written agreement entered	4422
into with the department of education under division (B) of	4423
section 3314.015 of the Revised Code and shall include the	4424
following:	4425

(1) Monitor the community school's compliance with all laws	4426
applicable to the school and with the terms of the contract;	4427

(2) Monitor and evaluate the academic and fiscal performance	4428
and the organization and operation of the community school on at	4429
least an annual basis;	4430

(3) Report on an annual basis the results of the evaluation	4431
conducted under division (D)(2) of this section to the department	4432
of education and to the parents of students enrolled in the	4433
community school;	4434

(4) Provide technical assistance to the community school in	4435
complying with laws applicable to the school and terms of the	4436
contract;	4437

(5) Take steps to intervene in the school's operation to	4438
correct problems in the school's overall performance, declare the	4439
school to be on probationary status pursuant to section 3314.073	4440
of the Revised Code, suspend the operation of the school pursuant	4441
to section 3314.072 of the Revised Code, or terminate the contract	4442
of the school pursuant to section 3314.07 of the Revised Code as	4443
determined necessary by the sponsor;	4444

(6) Have in place a plan of action to be undertaken in the	4445
event the community school experiences financial difficulties or	4446
closes prior to the end of a school year.	4447

(E) Upon the expiration of a contract entered into under this	4448
section, the sponsor of a community school may, with the approval	4449
of the governing authority of the school, renew that contract for	4450
a period of time determined by the sponsor, but not ending earlier	4451
than the end of any school year, if the sponsor finds that the	4452
school's compliance with applicable laws and terms of the contract	4453
and the school's progress in meeting the academic goals prescribed	4454
in the contract have been satisfactory. Any contract that is	4455
renewed under this division remains subject to the provisions of	4456
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4457

(F) If a community school fails to open for operation within	4458
one year after the contract entered into under this section is	4459
adopted pursuant to division (D) of section 3314.02 of the Revised	4460
Code or permanently closes prior to the expiration of the	4461
contract, the contract shall be void and the school shall not	4462
enter into a contract with any other sponsor. A school shall not	4463
be considered permanently closed because the operations of the	4464
school have been suspended pursuant to section 3314.072 of the	4465
Revised Code.	4466

Sec. 3314.06. The governing authority of each community	4467
school established under this chapter shall adopt admission	4468
procedures that specify the following:	4469

(A) That, except as otherwise provided in this section,	4470
admission to the school shall be open to any individual age five	4471
to twenty-two entitled to attend school pursuant to section	4472
3313.64 or 3313.65 of the Revised Code in a school district in the	4473
state.	4474

(B)(1) That admission to the school may be limited to	4475
students who have attained a specific grade level or are within a	4476
specific age group; to students that meet a definition of	4477
"at-risk," as defined in the contract; to residents of a specific	4478
geographic area within the district, as defined in the contract;	4479
or to separate groups of autistic students and nondisabled	4480
students, as authorized in section 3314.061 of the Revised Code	4481
and as defined in the contract.	4482

(2) For purposes of division (B)(1) of this section,	4483
"at-risk" students may include those students identified as gifted	4484
students under section 3324.03 of the Revised Code.	4485

(C) Whether enrollment is limited to students who reside in	4486
the district in which the school is located or is open to	4487
residents of other districts, as provided in the policy adopted	4488
pursuant to the contract.	4489

(D)(1) That there will be no discrimination in the admission	4490
of students to the school on the basis of race, creed, color,	4491
disability, or sex except that:	4492

(a) The governing authority may ~~establish single-gender~~	4493
~~schools~~do either of the following for the purpose described in	4494
division (G) of this section:	4495

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

4496

(ii) Establish single-gender schools for each sex under the	4497
same contract, provided ~~comparable~~substantially equal facilities	4498
and learning opportunities are offered for both boys and girls.	4499
Such ~~comparable~~ facilities and opportunities may be offered for	4500
each sex at separate locations.	4501

(b) The governing authority may establish a school that	4502
simultaneously serves a group of students identified as autistic	4503
and a group of students who are not disabled, as authorized in	4504
section 3314.061 of the Revised Code. However, unless the total	4505
capacity established for the school has been filled, no student	4506
with any disability shall be denied admission on the basis of that	4507
disability.	4508

(2) That upon admission of any student with a disability, the	4509
community school will comply with all federal and state laws	4510
regarding the education of students with disabilities.	4511

(E) That the school may not limit admission to students on	4512
the basis of intellectual ability, measures of achievement or	4513
aptitude, or athletic ability, except that a school may limit its	4514
enrollment to students as described in division (B) of this	4515
section.	4516

(F) That the community school will admit the number of	4517
students that does not exceed the capacity of the school's	4518
programs, classes, grade levels, or facilities.	4519

(G) That the purpose of single-gender schools that are	4520
established shall be to take advantage of the academic benefits	4521
some students realize from single-gender instruction and	4522
facilities and to offer students and parents residing in the	4523
district the option of a single-gender education.	4524

(H) That, except as otherwise provided under division (B) of	4525
this section or section 3314.061 of the Revised Code, if the	4526
number of applicants exceeds the capacity restrictions of division	4527
(F) of this section, students shall be admitted by lot from all	4528
those submitting applications, except preference shall be given to	4529
students attending the school the previous year and to students	4530
who reside in the district in which the school is located.	4531
Preference may be given to siblings of students attending the	4532
school the previous year.	4533

Notwithstanding divisions (A) to (H) of this section, in the	4534
event the racial composition of the enrollment of the community	4535
school is violative of a federal desegregation order, the	4536
community school shall take any and all corrective measures to	4537
comply with the desegregation order.	4538

Sec. 3314.08. The deductions under division (C) and the	4539
payments under division (D) of this section for fiscal years 2012	4540
and 2013 shall be made in accordance with section 3314.088 of the	4541
Revised Code.	4542

(A) As used in this section:

4543

(1) "Base formula amount" means the amount specified as such	4544
in a community school's financial plan for a school year pursuant	4545
to division (A)(15) of section 3314.03 of the Revised Code.	4546

(2) "IEP" has the same meaning as in section 3323.01 of the	4547
Revised Code.	4548

(3) "Applicable special education weight" means the multiple	4549
specified in section 3317.013 of the Revised Code for a disability	4550
described in that section.	4551

(4) "Applicable vocational education weight" means:

4552

(a) For a student enrolled in vocational education programs	4553
or classes described in division (A) of section 3317.014 of the	4554
Revised Code, the multiple specified in that division;	4555

(b) For a student enrolled in vocational education programs	4556
or classes described in division (B) of section 3317.014 of the	4557
Revised Code, the multiple specified in that division.	4558

(5) "Entitled to attend school" means entitled to attend	4559
school in a district under section 3313.64 or 3313.65 of the	4560
Revised Code.	4561

(6) A community school student is "included in the poverty	4562
student count" of a school district if the student is entitled to	4563
attend school in the district and the student's family receives	4564
assistance under the Ohio works first program.	4565

(7) "Poverty-based assistance reduction factor" means the	4566
percentage figure, if any, for reducing the per pupil amount of	4567
poverty-based assistance a community school is entitled to receive	4568
pursuant to divisions (D)(5) to (9) of this section in any year,	4569
as specified in the school's financial plan for the year pursuant	4570
to division (A)(15) of section 3314.03 of the Revised Code.	4571

(8) "All-day kindergarten" has the same meaning as in section	4572
3321.05 of the Revised Code.	4573

(9) "State education aid" has the same meaning as in section	4574
5751.20 of the Revised Code.	4575

(B) The state board of education shall adopt rules requiring	4576
both of the following:	4577

(1) The board of education of each city, exempted village,	4578
and local school district to annually report the number of	4579
students entitled to attend school in the district who are	4580
enrolled in grades one through twelve in a community school	4581
established under this chapter, the number of students entitled to	4582
attend school in the district who are enrolled in kindergarten in	4583
a community school, the number of those kindergartners who are	4584
enrolled in all-day kindergarten in their community school, and	4585
for each child, the community school in which the child is	4586
enrolled.	4587

(2) The governing authority of each community school	4588
established under this chapter to annually report all of the	4589
following:	4590

(a) The number of students enrolled in grades one through	4591
twelve and the number of students enrolled in kindergarten in the	4592
school who are not receiving special education and related	4593
services pursuant to an IEP;	4594

(b) The number of enrolled students in grades one through	4595
twelve and the number of enrolled students in kindergarten, who	4596
are receiving special education and related services pursuant to	4597
an IEP;	4598

(c) The number of students reported under division (B)(2)(b)	4599
of this section receiving special education and related services	4600
pursuant to an IEP for a disability described in each of divisions	4601
(A) to (F) of section 3317.013 of the Revised Code;	4602

(d) The full-time equivalent number of students reported	4603
under divisions (B)(2)(a) and (b) of this section who are enrolled	4604
in vocational education programs or classes described in each of	4605
divisions (A) and (B) of section 3317.014 of the Revised Code that	4606
are provided by the community school;	4607

(e) Twenty per cent of the number of students reported under	4608
divisions (B)(2)(a) and (b) of this section who are not reported	4609
under division (B)(2)(d) of this section but who are enrolled in	4610
vocational education programs or classes described in each of	4611
divisions (A) and (B) of section 3317.014 of the Revised Code at a	4612
joint vocational school district under a contract between the	4613
community school and the joint vocational school district and are	4614
entitled to attend school in a city, local, or exempted village	4615
school district whose territory is part of the territory of the	4616
joint vocational school district;	4617

(f) The number of enrolled preschool children with	4618
disabilities receiving special education services in a	4619
state-funded unit;	4620

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

4621

(h) For each student, the city, exempted village, or local	4622
school district in which the student is entitled to attend school;	4623

(i) Any poverty-based assistance reduction factor that	4624
applies to a school year.	4625

(C) From the state education aid calculated for a city,	4626
exempted village, or local school district and, if necessary, from	4627
the payment made to the district under sections 321.24 and 323.156	4628
of the Revised Code, the department of education shall annually	4629
subtract the sum of the amounts described in divisions (C)(1) to	4630
(9) of this section. However, when deducting payments on behalf of	4631
students enrolled in internet- or computer-based community	4632
schools, the department shall deduct only those amounts described	4633
in divisions (C)(1) and (2) of this section. Furthermore, the	4634
aggregate amount deducted under this division shall not exceed the	4635
sum of the district's state education aid and its payment under	4636
sections 321.24 and 323.156 of the Revised Code.	4637

(1) An amount equal to the sum of the amounts obtained when,	4638
for each community school where the district's students are	4639
enrolled, the number of the district's students reported under	4640
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	4641
in grades one through twelve, and one-half the number of students	4642
reported under those divisions who are enrolled in kindergarten,	4643
in that community school is multiplied by the sum of the base	4644
formula amount of that community school plus the per pupil amount	4645
of the base funding supplements specified in divisions (C)(1) to	4646
(4) of section 3317.012 of the Revised Code.	4647

(2) The sum of the amounts calculated under divisions	4648
(C)(2)(a) and (b) of this section:	4649

(a) For each of the district's students reported under	4650
division (B)(2)(c) of this section as enrolled in a community	4651
school in grades one through twelve and receiving special	4652
education and related services pursuant to an IEP for a disability	4653
described in section 3317.013 of the Revised Code, the product of	4654
the applicable special education weight times the community	4655
school's base formula amount;	4656

(b) For each of the district's students reported under	4657
division (B)(2)(c) of this section as enrolled in kindergarten in	4658
a community school and receiving special education and related	4659
services pursuant to an IEP for a disability described in section	4660
3317.013 of the Revised Code, one-half of the amount calculated as	4661
prescribed in division (C)(2)(a) of this section.	4662

(3) For each of the district's students reported under	4663
division (B)(2)(d) of this section for whom payment is made under	4664
division (D)(4) of this section, the amount of that payment;	4665

(4) An amount equal to the sum of the amounts obtained when,	4666
for each community school where the district's students are	4667
enrolled, the number of the district's students enrolled in that	4668
community school who are included in the district's poverty	4669
student count is multiplied by the per pupil amount of	4670
poverty-based assistance the school district receives that year	4671
pursuant to division (C) of section 3317.029 of the Revised Code,	4672
as adjusted by any poverty-based assistance reduction factor of	4673
that community school. The per pupil amount of that aid for the	4674
district shall be calculated by the department.	4675

(5) An amount equal to the sum of the amounts obtained when,	4676
for each community school where the district's students are	4677
enrolled, the district's per pupil amount of aid received under	4678
division (E) of section 3317.029 of the Revised Code, as adjusted	4679
by any poverty-based assistance reduction factor of the community	4680
school, is multiplied by the sum of the following:	4681

(a) The number of the district's students reported under	4682
division (B)(2)(a) of this section who are enrolled in grades one	4683
to three in that community school and who are not receiving	4684
special education and related services pursuant to an IEP;	4685

(b) One-half of the district's students who are enrolled in	4686
all-day or any other kindergarten class in that community school	4687
and who are not receiving special education and related services	4688
pursuant to an IEP;	4689

(c) One-half of the district's students who are enrolled in	4690
all-day kindergarten in that community school and who are not	4691
receiving special education and related services pursuant to an	4692
IEP.	4693

The district's per pupil amount of aid under division (E) of	4694
section 3317.029 of the Revised Code is the quotient of the amount	4695
the district received under that division divided by the	4696
district's kindergarten through third grade ADM, as defined in	4697
that section.	4698

(6) An amount equal to the sum of the amounts obtained when,	4699
for each community school where the district's students are	4700
enrolled, the district's per pupil amount received under division	4701
(F) of section 3317.029 of the Revised Code, as adjusted by any	4702
poverty-based assistance reduction factor of that community	4703
school, is multiplied by the number of the district's students	4704
enrolled in the community school who are identified as	4705
limited-English proficient.	4706

(7) An amount equal to the sum of the amounts obtained when,	4707
for each community school where the district's students are	4708
enrolled, the district's per pupil amount received under division	4709
(G) of section 3317.029 of the Revised Code, as adjusted by any	4710
poverty-based assistance reduction factor of that community	4711
school, is multiplied by the sum of the following:	4712

(a) The number of the district's students enrolled in grades	4713
one through twelve in that community school;	4714

(b) One-half of the number of the district's students	4715
enrolled in kindergarten in that community school.	4716

The district's per pupil amount under division (G) of section	4717
3317.029 of the Revised Code is the district's amount per teacher	4718
calculated under division (G)(1) or (2) of that section divided by	4719
17.	4720

(8) An amount equal to the sum of the amounts obtained when,	4721
for each community school where the district's students are	4722
enrolled, the district's per pupil amount received under divisions	4723
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	4724
by any poverty-based assistance reduction factor of that community	4725
school, is multiplied by the sum of the following:	4726

(a) The number of the district's students enrolled in grades	4727
one through twelve in that community school;	4728

(b) One-half of the number of the district's students	4729
enrolled in kindergarten in that community school.	4730

The district's per pupil amount under divisions (H) and (I)	4731
of section 3317.029 of the Revised Code is the amount calculated	4732
under each division divided by the district's formula ADM, as	4733
defined in section 3317.02 of the Revised Code.	4734

(9) An amount equal to the per pupil state parity aid funding	4735
calculated for the school district under either division (C) or	4736
(D) of section 3317.0217 of the Revised Code multiplied by the sum	4737
of the number of students in grades one through twelve, and	4738
one-half of the number of students in kindergarten, who are	4739
entitled to attend school in the district and are enrolled in a	4740
community school as reported under division (B)(1) of this	4741
section.	4742

(D) The department shall annually pay to a community school	4743
established under this chapter the sum of the amounts described in	4744
divisions (D)(1) to (10) of this section. However, the department	4745
shall calculate and pay to each internet- or computer-based	4746
community school only the amounts described in divisions (D)(1) to	4747
(3) of this section. Furthermore, the sum of the payments to all	4748
community schools under divisions (D)(1), (2), and (4) to (10) of	4749
this section for the students entitled to attend school in any	4750
particular school district shall not exceed the sum of that	4751
district's state education aid and its payment under sections	4752
321.24 and 323.156 of the Revised Code. If the sum of the payments	4753
calculated under those divisions for the students entitled to	4754
attend school in a particular school district exceeds the sum of	4755
that district's state education aid and its payment under sections	4756
321.24 and 323.156 of the Revised Code, the department shall	4757
calculate and apply a proration factor to the payments to all	4758
community schools under those divisions for the students entitled	4759
to attend school in that district.	4760

(1) An amount equal to the sum of the amounts obtained when	4761
the number of students enrolled in grades one through twelve, plus	4762
one-half of the kindergarten students in the school, reported	4763
under divisions (B)(2)(a), (b), and (e) of this section who are	4764
not receiving special education and related services pursuant to	4765
an IEP for a disability described in section 3317.013 of the	4766
Revised Code is multiplied by the sum of the community school's	4767
base formula amount plus the per pupil amount of the base funding	4768
supplements specified in divisions (C)(1) to (4) of section	4769
3317.012 of the Revised Code.	4770

(2) The sum of the following amounts:

4771

(a) For each student reported under division (B)(2)(c) of	4772
this section as enrolled in the school in grades one through	4773
twelve and receiving special education and related services	4774
pursuant to an IEP for a disability described in section 3317.013	4775
of the Revised Code, the following amount:	4776

(the school's base formula amount plus	4777

the per pupil amount of the base funding supplements specified in	4778

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	4779

+ (the applicable special education weight X the	4780

community school's base formula amount);	4781

(b) For each student reported under division (B)(2)(c) of	4782
this section as enrolled in kindergarten and receiving special	4783
education and related services pursuant to an IEP for a disability	4784
described in section 3317.013 of the Revised Code, one-half of the	4785
amount calculated under the formula prescribed in division	4786
(D)(2)(a) of this section.	4787

(3) An amount received from federal funds to provide special	4788
education and related services to students in the community	4789
school, as determined by the superintendent of public instruction.	4790

(4) For each student reported under division (B)(2)(d) of	4791
this section as enrolled in vocational education programs or	4792
classes that are described in section 3317.014 of the Revised	4793
Code, are provided by the community school, and are comparable as	4794
determined by the superintendent of public instruction to school	4795
district vocational education programs and classes eligible for	4796
state weighted funding under section 3317.014 of the Revised Code,	4797
an amount equal to the applicable vocational education weight	4798
times the community school's base formula amount times the	4799
percentage of time the student spends in the vocational education	4800
programs or classes.	4801

(5) An amount equal to the sum of the amounts obtained when,	4802
for each school district where the community school's students are	4803
entitled to attend school, the number of that district's students	4804
enrolled in the community school who are included in the	4805
district's poverty student count is multiplied by the per pupil	4806
amount of poverty-based assistance that school district receives	4807
that year pursuant to division (C) of section 3317.029 of the	4808
Revised Code, as adjusted by any poverty-based assistance	4809
reduction factor of the community school. The per pupil amount of	4810
aid shall be determined as described in division (C)(4) of this	4811
section.	4812

(6) An amount equal to the sum of the amounts obtained when,	4813
for each school district where the community school's students are	4814
entitled to attend school, the district's per pupil amount of aid	4815
received under division (E) of section 3317.029 of the Revised	4816
Code, as adjusted by any poverty-based assistance reduction factor	4817
of the community school, is multiplied by the sum of the	4818
following:	4819

(a) The number of the district's students reported under	4820
division (B)(2)(a) of this section who are enrolled in grades one	4821
to three in that community school and who are not receiving	4822
special education and related services pursuant to an IEP;	4823

(b) One-half of the district's students who are enrolled in	4824
all-day or any other kindergarten class in that community school	4825
and who are not receiving special education and related services	4826
pursuant to an IEP;	4827

(c) One-half of the district's students who are enrolled in	4828
all-day kindergarten in that community school and who are not	4829
receiving special education and related services pursuant to an	4830
IEP.	4831

The district's per pupil amount of aid under division (E) of	4832
section 3317.029 of the Revised Code shall be determined as	4833
described in division (C)(5) of this section.	4834

(7) An amount equal to the sum of the amounts obtained when,	4835
for each school district where the community school's students are	4836
entitled to attend school, the number of that district's students	4837
enrolled in the community school who are identified as	4838
limited-English proficient is multiplied by the district's per	4839
pupil amount received under division (F) of section 3317.029 of	4840
the Revised Code, as adjusted by any poverty-based assistance	4841
reduction factor of the community school.	4842

(8) An amount equal to the sum of the amounts obtained when,	4843
for each school district where the community school's students are	4844
entitled to attend school, the district's per pupil amount	4845
received under division (G) of section 3317.029 of the Revised	4846
Code, as adjusted by any poverty-based assistance reduction factor	4847
of the community school, is multiplied by the sum of the	4848
following:	4849

(a) The number of the district's students enrolled in grades	4850
one through twelve in that community school;	4851

(b) One-half of the number of the district's students	4852
enrolled in kindergarten in that community school.	4853

The district's per pupil amount under division (G) of section	4854
3317.029 of the Revised Code shall be determined as described in	4855
division (C)(7) of this section.	4856

(9) An amount equal to the sum of the amounts obtained when,	4857
for each school district where the community school's students are	4858
entitled to attend school, the district's per pupil amount	4859
received under divisions (H) and (I) of section 3317.029 of the	4860
Revised Code, as adjusted by any poverty-based assistance	4861
reduction factor of the community school, is multiplied by the sum	4862
of the following:	4863

(a) The number of the district's students enrolled in grades	4864
one through twelve in that community school;	4865

(b) One-half of the number of the district's students	4866
enrolled in kindergarten in that community school.	4867

The district's per pupil amount under divisions (H) and (I)	4868
of section 3317.029 of the Revised Code shall be determined as	4869
described in division (C)(8) of this section.	4870

(10) An amount equal to the sum of the amounts obtained when,	4871
for each school district where the community school's students are	4872
entitled to attend school, the district's per pupil amount of	4873
state parity aid funding calculated under either division (C) or	4874
(D) of section 3317.0217 of the Revised Code is multiplied by the	4875
sum of the number of that district's students enrolled in grades	4876
one through twelve, and one-half of the number of that district's	4877
students enrolled in kindergarten, in the community school as	4878
reported under divisions (B)(2)(a) and (b) of this section.	4879

(E)(1) If a community school's costs for a fiscal year for a	4880
student receiving special education and related services pursuant	4881
to an IEP for a disability described in divisions (B) to (F) of	4882
section 3317.013 of the Revised Code exceed the threshold	4883
catastrophic cost for serving the student as specified in division	4884
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	4885
submit to the superintendent of public instruction documentation,	4886
as prescribed by the superintendent, of all its costs for that	4887
student. Upon submission of documentation for a student of the	4888
type and in the manner prescribed, the department shall pay to the	4889
community school an amount equal to the school's costs for the	4890
student in excess of the threshold catastrophic costs.	4891

(2) The community school shall only report under division	4892
(E)(1) of this section, and the department shall only pay for, the	4893
costs of educational expenses and the related services provided to	4894
the student in accordance with the student's individualized	4895
education program. Any legal fees, court costs, or other costs	4896
associated with any cause of action relating to the student may	4897
not be included in the amount.	4898

(F) A community school may apply to the department of	4899
education for preschool children with disabilities unit funding	4900
the school would receive if it were a school district. Upon	4901
request of its governing authority, a community school that	4902
received such unit funding as a school district-operated school	4903
before it became a community school shall retain any units awarded	4904
to it as a school district-operated school provided the school	4905
continues to meet eligibility standards for the unit.	4906

A community school shall be considered a school district and	4907
its governing authority shall be considered a board of education	4908
for the purpose of applying to any state or federal agency for	4909
grants that a school district may receive under federal or state	4910
law or any appropriations act of the general assembly. The	4911
governing authority of a community school may apply to any private	4912
entity for additional funds.	4913

(G) A board of education sponsoring a community school may	4914
utilize local funds to make enhancement grants to the school or	4915
may agree, either as part of the contract or separately, to	4916
provide any specific services to the community school at no cost	4917
to the school.	4918

(H) A community school may not levy taxes or issue bonds	4919
secured by tax revenues.	4920

(I) No community school shall charge tuition for the	4921
enrollment of any student.	4922

(J)(1)(a) A community school may borrow money to pay any	4923
necessary and actual expenses of the school in anticipation of the	4924
receipt of any portion of the payments to be received by the	4925
school pursuant to division (D) of this section. The school may	4926
issue notes to evidence such borrowing. The proceeds of the notes	4927
shall be used only for the purposes for which the anticipated	4928
receipts may be lawfully expended by the school.	4929

(b) A school may also borrow money for a term not to exceed	4930
fifteen years for the purpose of acquiring facilities.	4931

(2) Except for any amount guaranteed under section 3318.50 of	4932
the Revised Code, the state is not liable for debt incurred by the	4933
governing authority of a community school.	4934

(K) For purposes of determining the number of students for	4935
which divisions (D)(5) and (6) of this section applies in any	4936
school year, a community school may submit to the department of	4937
job and family services, no later than the first day of March, a	4938
list of the students enrolled in the school. For each student on	4939
the list, the community school shall indicate the student's name,	4940
address, and date of birth and the school district where the	4941
student is entitled to attend school. Upon receipt of a list under	4942
this division, the department of job and family services shall	4943
determine, for each school district where one or more students on	4944
the list is entitled to attend school, the number of students	4945
residing in that school district who were included in the	4946
department's report under section 3317.10 of the Revised Code. The	4947
department shall make this determination on the basis of	4948
information readily available to it. Upon making this	4949
determination and no later than ninety days after submission of	4950
the list by the community school, the department shall report to	4951
the state department of education the number of students on the	4952
list who reside in each school district who were included in the	4953
department's report under section 3317.10 of the Revised Code. In	4954
complying with this division, the department of job and family	4955
services shall not report to the state department of education any	4956
personally identifiable information on any student.	4957

(L) The department of education shall adjust the amounts	4958
subtracted and paid under divisions (C) and (D) of this section to	4959
reflect any enrollment of students in community schools for less	4960
than the equivalent of a full school year. The state board of	4961
education within ninety days after April 8, 2003, shall adopt in	4962
accordance with Chapter 119. of the Revised Code rules governing	4963
the payments to community schools under this section and section	4964
3314.13 of the Revised Code including initial payments in a school	4965
year and adjustments and reductions made in subsequent periodic	4966
payments to community schools and corresponding deductions from	4967
school district accounts as provided under divisions (C) and (D)	4968
of this section and section 3314.13 of the Revised Code. For	4969
purposes of this section and section 3314.13 of the Revised Code:	4970

(1) A student shall be considered enrolled in the community	4971
school for any portion of the school year the student is	4972
participating at a college under Chapter 3365. of the Revised	4973
Code.	4974

(2) A student shall be considered to be enrolled in a	4975
community school for the period of time beginning on the later of	4976
the date on which the school both has received documentation of	4977
the student's enrollment from a parent and the student has	4978
commenced participation in learning opportunities as defined in	4979
the contract with the sponsor, or thirty days prior to the date on	4980
which the student is entered into the education management	4981
information system established under section 3301.0714 of the	4982
Revised Code. For purposes of applying this division and divisions	4983
(L)(3) and (4) of this section to a community school student,	4984
"learning opportunities" shall be defined in the contract, which	4985
shall describe both classroom-based and non-classroom-based	4986
learning opportunities and shall be in compliance with criteria	4987
and documentation requirements for student participation which	4988
shall be established by the department. Any student's instruction	4989
time in non-classroom-based learning opportunities shall be	4990
certified by an employee of the community school. A student's	4991
enrollment shall be considered to cease on the date on which any	4992
of the following occur:	4993

(a) The community school receives documentation from a parent	4994
terminating enrollment of the student.	4995

(b) The community school is provided documentation of a	4996
student's enrollment in another public or private school.	4997

(c) The community school ceases to offer learning	4998
opportunities to the student pursuant to the terms of the contract	4999
with the sponsor or the operation of any provision of this	5000
chapter.	5001

Except as otherwise specified in this paragraph, beginning in	5002
the 2011-2012 school year, any student who completed the prior	5003
school year in an internet- or computer-based community school	5004
shall be considered to be enrolled in the same school in the	5005
subsequent school year until the student's enrollment has ceased	5006
as specified in division (L)(2) of this section. The department	5007
shall continue subtracting and paying amounts for the student	5008
under divisions (C) and (D) of this section without interruption	5009
at the start of the subsequent school year. However, if the	5010
student without a legitimate excuse fails to participate in the	5011
first one hundred five consecutive hours of learning opportunities	5012
offered to the student in that subsequent school year, the student	5013
shall be considered not to have re-enrolled in the school for that	5014
school year and the department shall recalculate the payments to	5015
the school for that school year to account for the fact that the	5016
student is not enrolled.	5017

(3) The department shall determine each community school	5018
student's percentage of full-time equivalency based on the	5019
percentage of learning opportunities offered by the community	5020
school to that student, reported either as number of hours or	5021
number of days, is of the total learning opportunities offered by	5022
the community school to a student who attends for the school's	5023
entire school year. However, no internet- or computer-based	5024
community school shall be credited for any time a student spends	5025
participating in learning opportunities beyond ten hours within	5026
any period of twenty-four consecutive hours. Whether it reports	5027
hours or days of learning opportunities, each community school	5028
shall offer not less than nine hundred twenty hours of learning	5029
opportunities during the school year.	5030

(4) With respect to the calculation of full-time equivalency	5031
under division (L)(3) of this section, the department shall waive	5032
the number of hours or days of learning opportunities not offered	5033
to a student because the community school was closed during the	5034
school year due to disease epidemic, hazardous weather conditions,	5035
law enforcement emergencies, inoperability of school buses or	5036
other equipment necessary to the school's operation, damage to a	5037
school building, or other temporary circumstances due to utility	5038
failure rendering the school building unfit for school use, so	5039
long as the school was actually open for instruction with students	5040
in attendance during that school year for not less than the	5041
minimum number of hours required by this chapter. The department	5042
shall treat the school as if it were open for instruction with	5043
students in attendance during the hours or days waived under this	5044
division.	5045

(M) The department of education shall reduce the amounts paid	5046
under division (D) of this section to reflect payments made to	5047
colleges under division (B) of section 3365.07 of the Revised Code	5048
or through alternative funding agreements entered into under rules	5049
adopted under section 3365.12 of the Revised Code.	5050

(N)(1) No student shall be considered enrolled in any	5051
internet- or computer-based community school or, if applicable to	5052
the student, in any community school that is required to provide	5053
the student with a computer pursuant to division (C) of section	5054
3314.22 of the Revised Code, unless both of the following	5055
conditions are satisfied:	5056

(a) The student possesses or has been provided with all	5057
required hardware and software materials and all such materials	5058
are operational so that the student is capable of fully	5059
participating in the learning opportunities specified in the	5060
contract between the school and the school's sponsor as required	5061
by division (A)(23) of section 3314.03 of the Revised Code;	5062

(b) The school is in compliance with division (A) of section	5063
3314.22 of the Revised Code, relative to such student.	5064

(2) In accordance with policies adopted jointly by the	5065
superintendent of public instruction and the auditor of state, the	5066
department shall reduce the amounts otherwise payable under	5067
division (D) of this section to any community school that includes	5068
in its program the provision of computer hardware and software	5069
materials to any student, if such hardware and software materials	5070
have not been delivered, installed, and activated for each such	5071
student in a timely manner or other educational materials or	5072
services have not been provided according to the contract between	5073
the individual community school and its sponsor.	5074

The superintendent of public instruction and the auditor of	5075
state shall jointly establish a method for auditing any community	5076
school to which this division pertains to ensure compliance with	5077
this section.	5078

The superintendent, auditor of state, and the governor shall	5079
jointly make recommendations to the general assembly for	5080
legislative changes that may be required to assure fiscal and	5081
academic accountability for such schools.	5082

(O)(1) If the department determines that a review of a	5083
community school's enrollment is necessary, such review shall be	5084
completed and written notice of the findings shall be provided to	5085
the governing authority of the community school and its sponsor	5086
within ninety days of the end of the community school's fiscal	5087
year, unless extended for a period not to exceed thirty additional	5088
days for one of the following reasons:	5089

(a) The department and the community school mutually agree to	5090
the extension.	5091

(b) Delays in data submission caused by either a community	5092
school or its sponsor.	5093

(2) If the review results in a finding that additional	5094
funding is owed to the school, such payment shall be made within	5095
thirty days of the written notice. If the review results in a	5096
finding that the community school owes moneys to the state, the	5097
following procedure shall apply:	5098

(a) Within ten business days of the receipt of the notice of	5099
findings, the community school may appeal the department's	5100
determination to the state board of education or its designee.	5101

(b) The board or its designee shall conduct an informal	5102
hearing on the matter within thirty days of receipt of such an	5103
appeal and shall issue a decision within fifteen days of the	5104
conclusion of the hearing.	5105

(c) If the board has enlisted a designee to conduct the	5106
hearing, the designee shall certify its decision to the board. The	5107
board may accept the decision of the designee or may reject the	5108
decision of the designee and issue its own decision on the matter.	5109

(d) Any decision made by the board under this division is	5110
final.	5111

(3) If it is decided that the community school owes moneys to	5112
the state, the department shall deduct such amount from the	5113
school's future payments in accordance with guidelines issued by	5114
the superintendent of public instruction.	5115

(P) The department shall not subtract from a school	5116
district's state aid account under division (C) of this section	5117
and shall not pay to a community school under division (D) of this	5118
section any amount for any of the following:	5119

(1) Any student who has graduated from the twelfth grade of a	5120
public or nonpublic high school;	5121

(2) Any student who is not a resident of the state;

5122

(3) Any student who was enrolled in the community school	5123
during the previous school year when assessments were administered	5124
under section 3301.0711 of the Revised Code but did not take one	5125
or more of the assessments required by that section and was not	5126
excused pursuant to division (C)(1) or (3) of that section, unless	5127
the superintendent of public instruction grants the student a	5128
waiver from the requirement to take the assessment and a parent is	5129
not paying tuition for the student pursuant to section 3314.26 of	5130
the Revised Code. The superintendent may grant a waiver only for	5131
good cause in accordance with rules adopted by the state board of	5132
education.	5133

(4) Any student who has attained the age of twenty-two years,	5134
except for veterans of the armed services whose attendance was	5135
interrupted before completing the recognized twelve-year course of	5136
the public schools by reason of induction or enlistment in the	5137
armed forces and who apply for enrollment in a community school	5138
not later than four years after termination of war or their	5139
honorable discharge. If, however, any such veteran elects to	5140
enroll in special courses organized for veterans for whom tuition	5141
is paid under federal law, or otherwise, the department shall not	5142
subtract from a school district's state aid account under division	5143
(C) of this section and shall not pay to a community school under	5144
division (D) of this section any amount for that veteran.	5145

Sec. 3314.11. (A) The board of education of each city,	5146
exempted village, and local school district monthly shall review	5147
enrollment for students enrolled in start-up community schools	5148
established under this chapter and entitled to attend school in	5149
the district under section 3313.64 or 3313.65 of the Revised Code.	5150
For each student, the district shall verify to the department of	5151
education both of the following:	5152

(1) The community school in which the student is enrolled;

5153

(2) That the student is entitled to attend school in the	5154
district under section 3313.64 or 3313.65 of the Revised Code.	5155

(B) In determining division (A)(2) of this section, the	5156
governing authority of a community school may adopt a policy that	5157
prescribes the number of documents listed in division (C) of this	5158
section required to verify a student's residency. This policy, if	5159
adopted, shall supersede any policy adopted by the district the	5160
student is entitled to attend. If a community school does not	5161
adopt a policy under this division, the policy of the school	5162
district in which the student is entitled to attend shall prevail.	5163

(C) For purposes of this section, the following documents	5164
belonging to the student's residential parent or legal guardian	5165
are a valid proof of residency:	5166

(1) A deed, mortgage, lease, current home owner's or renter's	5167
insurance declaration page, or current real property tax bill;	5168

(2) A utility bill or receipt of utility installation issued	5169
within ninety days of enrollment;	5170

(3) A valid vehicle registration;

5171

(4) A copy of the most recent tax return or W-2 form;

5172

(5) A voter registration card that is dated not more than two	5173
years earlier than the date of enrollment;	5174

(6) A paycheck or paystub issued within ninety days of the	5175
date of enrollment that includes the residential parent or legal	5176
custodian's address;	5177

(7) The most current available bank statement that includes	5178
the residential parent or legal custodian's address;	5179

(8) Any official document issued by an agency of the federal,	5180
state, or county government dated within ninety days of	5181
enrollment, including, but not limited to, documents issued by the	5182
social security administration, the bureau of workers'	5183
compensation, or a county department of job and family services.	5184
The superintendent of public instruction shall define what	5185
qualifies as an "official document" under this division.	5186

(D) When a student loses permanent housing and becomes a	5187
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	5188
child who is such a homeless child or youth changes temporary	5189
living arrangements, one of the following applies:	5190

(1) If the student was enrolled in a start-up community	5191
school prior to becoming homeless, the school district in which	5192
the student was entitled to attend school shall remain so.	5193

(2) If the student is homeless and enrolls in a start-up	5194
community school subsequent to becoming homeless, the student	5195
shall be entitled to attend school in the school district in which	5196
the student currently resides.	5197

In verifying a student's residence status under division (D)	5198
of this section, a school district shall accept, in addition to	5199
the documents listed in division (C) of this section, a notarized	5200
statement containing the address of the place where the student is	5201
residing signed by the student's residential parent or legal	5202
guardian or a notarized statement signed by the owner or lessee of	5203
a property in which a student is residing, as a student's proof of	5204
residency.	5205

(E) In the event of a disagreement as to which school	5206
district a student is entitled to attend, the superintendent of	5207
public instruction shall determine which district the student is	5208
entitled to attend.	5209

(F) The department shall not withhold payments to a community	5210
school based on a challenge brought by a school district	5211
concerning the community school's enrollment and student residency	5212
reports.	5213

(G) This section does not apply to students enrolled in	5214
conversion community schools.	5215

Sec. 3314.15. The governing authority of a community school,	5216
other than an internet- or computer-based community school, may	5217
screen students for body mass index and weight status category. If	5218
a governing authority elects to require the screenings, it shall	5219
comply with section 3313.674 of the Revised Code in the same	5220
manner required of a school district board of education.	5221

Sec. 3314.17. (A) Each community school established under	5222
this chapter shall participate in the statewide education	5223
management information system established under section 3301.0714	5224
of the Revised Code. All provisions of that section and the rules	5225
adopted under that section apply to each community school as if it	5226
were a school district, except as modified for community schools	5227
under division (B) of this section. Each community school shall	5228
comply with division ~~(B)~~(C) of section 3301.0723 of the Revised	5229
Code.	5230

(B) The rules adopted by the state board of education under	5231
section 3301.0714 of the Revised Code may distinguish methods and	5232
timelines for community schools to annually report data, which	5233
methods and timelines differ from those prescribed for school	5234
districts. Any methods and timelines prescribed for community	5235
schools shall be appropriate to the academic schedule and	5236
financing of community schools. The guidelines, however, shall not	5237
modify the actual data required to be reported under that section.	5238

(C) Each fiscal officer appointed under section 3314.011 of	5239
the Revised Code is responsible for annually reporting the	5240
community school's data under section 3301.0714 of the Revised	5241
Code. If the superintendent of public instruction determines that	5242
a community school fiscal officer has willfully failed to report	5243
data or has willfully reported erroneous, inaccurate, or	5244
incomplete data in any year, or has negligently reported	5245
erroneous, inaccurate, or incomplete data in the current and any	5246
previous year, the superintendent may impose a civil penalty of	5247
one hundred dollars on the fiscal officer after providing the	5248
officer with notice and an opportunity for a hearing in accordance	5249
with Chapter 119. of the Revised Code. The superintendent's	5250
authority to impose civil penalties under this division does not	5251
preclude the state board of education from suspending or revoking	5252
the license of a community school employee under division (N) of	5253
section 3301.0714 of the Revised Code.	5254

(D) No community school shall acquire, change, or update its	5255
student administration software package to manage and report data	5256
required to be reported to the department unless it converts to a	5257
student software package that is certified by the department.	5258

Sec. 3314.18. (A) Subject to division (C) of this section,	5259
the governing authority of each community school shall establish a	5260
breakfast program pursuant to the "National School Lunch Act," 60	5261
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	5262
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	5263
if at least one-fifth of the pupils in the school are eligible	5264
under federal requirements for free breakfasts, and shall	5265
establish a lunch program pursuant to those acts if at least	5266
one-fifth of the pupils are eligible for free lunches. The	5267
governing authority required to establish a breakfast program	5268
under this division may make a charge in accordance with federal	5269
requirements for each reduced price breakfast or paid breakfast to	5270
cover the cost incurred in providing that meal.	5271

(B) Subject to division (C) of this section, the governing	5272
authority of each community school shall establish one of the	5273
following for summer intervention services described in division	5274
(D) of section 3301.0711 ~~and~~or provided under section 3313.608 of	5275
the Revised Code, and any other summer intervention program	5276
required by law:	5277

(1) An extension of the school breakfast program pursuant to	5278
the "National School Lunch Act" and the "Child Nutrition Act of	5279
1966";	5280

(2) An extension of the school lunch program pursuant to	5281
those acts;	5282

(3) A summer food service program pursuant to those acts.

5283

(C) If the governing authority of a community school	5284
determines that, for financial reasons, it cannot comply with	5285
division (A) or (B) of this section, the governing authority may	5286
choose not to comply with either or both divisions. In that case,	5287
the governing authority shall communicate to the parents of its	5288
students, in the manner it determines appropriate, its decision	5289
not to comply.	5290

(D) The governing authority of each community school required	5291
to establish a school breakfast, school lunch, or summer food	5292
service program under this section shall apply for state and	5293
federal funds allocated by the state board of education under	5294
division (B) of section 3313.813 of the Revised Code and shall	5295
comply with the state board's standards adopted under that	5296
division.	5297

(E) The governing authority of any community school required	5298
to establish a breakfast program under this section or that elects	5299
to participate in a breakfast program pursuant to the "National	5300
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	5301
breakfast to pupils in their classrooms during the school day.	5302

(F) Notwithstanding anything in this section to the contrary,	5303
in each fiscal year in which the general assembly appropriates	5304
funds for purposes of this division, the governing authority of	5305
each community school required to establish a breakfast program	5306
under this section or that elects to participate in a breakfast	5307
program pursuant to the "National School Lunch Act" and the "Child	5308
Nutrition Act of 1966" shall provide a breakfast free of charge to	5309
each pupil who is eligible under federal requirements for a	5310
reduced price breakfast.	5311

(G) This section does not apply to internet- or	5312
computer-based community schools.	5313

Sec. 3314.35. (A)(1) Except as provided in division (A)(3)	5314
of this section, this section applies to any community school that	5315
meets one of the following criteria after July 1, 2009, but before	5316
July 1, 2011:	5317

(a) The school does not offer a grade level higher than three	5318
and has been declared to be in a state of academic emergency under	5319
section 3302.03 of the Revised Code for three of the four most	5320
recent school years.	5321

(b) The school satisfies all of the following conditions:

5322

(i) The school offers any of grade levels four to eight but	5323
does not offer a grade level higher than nine.	5324

(ii) The school has been declared to be in a state of	5325
academic emergency under section 3302.03 of the Revised Code for	5326
two of the three most recent school years.	5327

(iii) In at least two of the three most recent school years,	5328
the school showed less than one standard year of academic growth	5329
in either reading or mathematics, as determined by the department	5330
of education in accordance with rules adopted under division (A)	5331
of section 3302.021 of the Revised Code.	5332

(c) The school offers any of grade levels ten to twelve and	5333
has been declared to be in a state of academic emergency under	5334
section 3302.03 of the Revised Code for three of the four most	5335
recent school years.	5336

(2) Except as provided in division (A)(3) of this section,	5337
this section applies to any community school that meets one of the	5338
following criteria after July 1, 2011:	5339

(a) The school does not offer a grade level higher than three	5340
and has been declared to be in a state of academic emergency under	5341
section 3302.03 of the Revised Code for two of the three most	5342
recent school years.	5343

(b) The school satisfies all of the following conditions:

5344

(i) The school offers any of grade levels four to eight but	5345
does not offer a grade level higher than nine.	5346

(ii) The school has been declared to be in a state of	5347
academic emergency under section 3302.03 of the Revised Code for	5348
two of the three most recent school years.	5349

(iii) In at least two of the three most recent school years,	5350
the school showed less than one standard year of academic growth	5351
in either reading or mathematics, as determined by the department	5352
in accordance with rules adopted under division (A) of section	5353
3302.021 of the Revised Code.	5354

(c) The school offers any of grade levels ten to twelve and	5355
has been declared to be in a state of academic emergency under	5356
section 3302.03 of the Revised Code for two of the three most	5357
recent school years.	5358

(3) This section does not apply to either of the following:

5359

(a) Any community school in which a majority of the students	5360
are enrolled in a dropout prevention and recovery program that is	5361
operated by the school and that has been granted a waiver under	5362
section 3314.36 of the Revised Code, until the date the first	5363
district and building report cards using the performance	5364
indicators for dropout prevention and recovery programs, adopted	5365
under section 3302.022 of the Revised Code, are issued;	5366

(b) Any community school in which a majority of the enrolled	5367
students are children with disabilities receiving special	5368
education and related services in accordance with Chapter 3323. of	5369
the Revised Code.	5370

(B) Any community school to which this section applies shall	5371
permanently close at the conclusion of the school year in which	5372
the school first becomes subject to this section. The sponsor and	5373
governing authority of the school shall comply with all procedures	5374
for closing a community school adopted by the department under	5375
division (E) of section 3314.015 of the Revised Code. The	5376
governing authority of the school shall not enter into a contract	5377
with any other sponsor under section 3314.03 of the Revised Code	5378
after the school closes.	5379

(C) In accordance with division (B) of section 3314.012 of	5380
the Revised Code, the department shall not consider the	5381
performance ratings assigned to a community school for its first	5382
two years of operation when determining whether the school meets	5383
the criteria prescribed by division (A)(1) or (2) of this section.	5384

Sec. 3317.01. As used in this section, "school district,"	5385
unless otherwise specified, means any city, local, exempted	5386
village, joint vocational, or cooperative education school	5387
district and any educational service center.	5388

This chapter shall be administered by the state board of	5389
education. The superintendent of public instruction shall	5390
calculate the amounts payable to each school district and shall	5391
certify the amounts payable to each eligible district to the	5392
treasurer of the district as provided by this chapter. As soon as	5393
possible after such amounts are calculated, the superintendent	5394
shall certify to the treasurer of each school district the	5395
district's adjusted charge-off increase, as defined in section	5396
5705.211 of the Revised Code. No moneys shall be distributed	5397
pursuant to this chapter without the approval of the controlling	5398
board.	5399

The state board of education shall, in accordance with	5400
appropriations made by the general assembly, meet the financial	5401
obligations of this chapter.	5402

Moneys distributed pursuant to this chapter shall be	5403
calculated and paid on a fiscal year basis, beginning with the	5404
first day of July and extending through the thirtieth day of June.	5405
The moneys appropriated for each fiscal year shall be distributed	5406
periodically to each school district unless otherwise provided	5407
for. The state board, in June of each year, shall submit to the	5408
controlling board the state board's year-end distributions	5409
pursuant to this chapter.	5410

Except as otherwise provided, payments under this chapter	5411
shall be made only to those school districts in which:	5412

(A) The school district, except for any educational service	5413
center and any joint vocational or cooperative education school	5414
district, levies for current operating expenses at least twenty	5415
mills. Levies for joint vocational or cooperative education school	5416
districts or county school financing districts, limited to or to	5417
the extent apportioned to current expenses, shall be included in	5418
this qualification requirement. School district income tax levies	5419
under Chapter 5748. of the Revised Code, limited to or to the	5420
extent apportioned to current operating expenses, shall be	5421
included in this qualification requirement to the extent	5422
determined by the tax commissioner under division (D) of section	5423
3317.021 of the Revised Code.	5424

(B) The school year next preceding the fiscal year for which	5425
such payments are authorized meets the requirement of section	5426
3313.48 or 3313.481 of the Revised Code, with regard to the	5427
minimum number of days or hours school must be open for	5428
instruction with pupils in attendance, for individualized	5429
parent-teacher conference and reporting periods, and for	5430
professional meetings of teachers. This requirement shall be	5431
waived by the superintendent of public instruction if it had been	5432
necessary for a school to be closed because of disease epidemic,	5433
hazardous weather conditions, law enforcement emergencies,	5434
inoperability of school buses or other equipment necessary to the	5435
school's operation, damage to a school building, or other	5436
temporary circumstances due to utility failure rendering the	5437
school building unfit for school use, provided that for those	5438
school districts operating pursuant to section 3313.48 of the	5439
Revised Code the number of days the school was actually open for	5440
instruction with pupils in attendance and for individualized	5441
parent-teacher conference and reporting periods is not less than	5442
one hundred seventy-five, or for those school districts operating	5443
on a trimester plan the number of days the school was actually	5444
open for instruction with pupils in attendance not less than	5445
seventy-nine days in any trimester, for those school districts	5446
operating on a quarterly plan the number of days the school was	5447
actually open for instruction with pupils in attendance not less	5448
than fifty-nine days in any quarter, or for those school districts	5449
operating on a pentamester plan the number of days the school was	5450
actually open for instruction with pupils in attendance not less	5451
than forty-four days in any pentamester.	5452

A school district shall not be considered to have failed to	5453
comply with this division or section 3313.481 of the Revised Code	5454
because schools were open for instruction but either twelfth grade	5455
students were excused from attendance for up to three days or only	5456
a portion of the kindergarten students were in attendance for up	5457
to three days in order to allow for the gradual orientation to	5458
school of such students.	5459

The superintendent of public instruction shall waive the	5460
requirements of this section with reference to the minimum number	5461
of days or hours school must be in session with pupils in	5462
attendance for the school year succeeding the school year in which	5463
a board of education initiates a plan of operation pursuant to	5464
section 3313.481 of the Revised Code. The minimum requirements of	5465
this section shall again be applicable to such a district	5466
beginning with the school year commencing the second July	5467
succeeding the initiation of one such plan, and for each school	5468
year thereafter.	5469

A school district shall not be considered to have failed to	5470
comply with this division or section 3313.48 or 3313.481 of the	5471
Revised Code because schools were open for instruction but the	5472
length of the regularly scheduled school day, for any number of	5473
days during the school year, was reduced by not more than two	5474
hours due to hazardous weather conditions.	5475

A board of education or governing board of an educational	5476
service center which has not conformed with other law and the	5477
rules pursuant thereto, shall not participate in the distribution	5478
of funds authorized by this chapter, except for good and	5479
sufficient reason established to the satisfaction of the state	5480
board of education and the state controlling board.	5481

All funds allocated to school districts under this chapter,	5482
except those specifically allocated for other purposes, shall be	5483
used to pay current operating expenses only.	5484

Sec. 3318.023. Notwithstanding anything to the contrary in	5485
section 3318.02 of the Revised Code, each fiscal year, at the time	5486
that the Ohio school facilities commission conditionally approves	5487
projects of school districts under sections 3318.01 to 3318.20 of	5488
the Revised Code for which it plans to provide assistance under	5489
those sections for that fiscal year, the commission also shall	5490
identify the next ten school districts from lowest to highest in	5491
order of the ranking calculated for the previous fiscal year under	5492
section 3318.011 of the Revised Code that have not yet been	5493
conditionally approved for assistance under sections 3318.01 to	5494
3318.20 of the Revised Code. Those districts shall have priority	5495
in the order of such ranking with the lowest valuation having the	5496
highest priority for future assistance under those sections over	5497
all other school districts, except for districts receiving	5498
assistance under division (B)(2) of section 3318.04, section	5499
3318.37, or section 3318.38 ~~of the Revised Code or~~, districts that	5500
have priority under section 3318.05, or districts offered	5501
assistance under section 3318.364 of the Revised Code.	5502

Sec. 3318.034. (A) This section applies to both of the	5503
following:	5504

(1) Any school district that has not executed an agreement	5505
for a project under sections 3318.01 to 3318.20 of the Revised	5506
Code prior to June 24, 2008;	5507

(2) Any school district that is eligible for additional	5508
assistance under sections 3318.01 to 3318.20 of the Revised Code	5509
pursuant to division (B)(2) of section 3318.04 of the Revised	5510
Code.	5511

Notwithstanding any provision of this chapter to the	5512
contrary, with the approval of the Ohio school facilities	5513
commission, any school district to which this section applies may	5514
opt to divide the district's entire classroom facilities needs, as	5515
those needs are jointly determined by the staff of the commission	5516
and the school district, into discrete segments and shall comply	5517
with all of the provisions of those sections unless otherwise	5518
provided in this section.	5519

(B) Except as provided in division (C) of this section, each	5520
segment shall comply with all of the following:	5521

(1) The segment shall consist of the new construction of one	5522
or more entire buildings or the complete renovation of one or more	5523
entire existing buildings, with any necessary additions to that	5524
building.	5525

(2) The segment shall not include any construction of or	5526
renovation or repair to any building that does not complete the	5527
needs of the district with respect to that particular building at	5528
the time the segment is completed.	5529

(3) The segment shall consist of new construction,	5530
renovations, additions, reconstruction, or repair of classroom	5531
facilities to the extent that the school district portion, as	5532
determined under section 3318.032 of the Revised Code, is an	5533
amount not less than the product of ~~0.040~~0.020 times the	5534
district's valuation at the time the agreement for the segment is	5535
executed, unless the district previously has undertaken a segment	5536
under this section and the district's portion of the estimated	5537
basic project cost of the remainder of its entire classroom	5538
facilities needs, as determined jointly by the staff of the	5539
commission and the district, is less than the amount otherwise	5540
required by this division.	5541

(C) A district described in division (A)(2) of this section	5542
that has not received the additional assistance authorized under	5543
division (B)(2) of section 3318.04 of the Revised Code may	5544
undertake a segment, with commission approval, for the purpose of	5545
renovating or replacing work performed on a facility under the	5546
district's prior project. The commission may approve that segment	5547
if the commission determines that the renovation or replacement is	5548
necessary to protect the facility. The basic project cost of the	5549
segment shall be allocated between the state and the district in	5550
accordance with section 3318.032 of the Revised Code. However, the	5551
requirements of division (B) of this section shall not apply to a	5552
segment undertaken under this division.	5553

(D) The commission shall conditionally approve and seek	5554
controlling board approval in accordance with division (A) of	5555
section 3318.04 of the Revised Code of each segment.	5556

(E) The school district's maintenance levy requirement, as	5557
defined in section 3318.18 of the Revised Code, shall run for	5558
twenty-three years from the date the first segment is undertaken;	5559
however, the maintenance levy requirement does not apply to a	5560
segment undertaken under division (C) of this section.	5561

Sec. 3318.36. (A)(1) As used in this section:

5562

(a) "Ohio school facilities commission," "classroom	5563
facilities," "school district," "school district board," "net	5564
bonded indebtedness," "required percentage of the basic project	5565
costs," "basic project cost," "valuation," and "percentile" have	5566
the same meanings as in section 3318.01 of the Revised Code.	5567

(b) "Required level of indebtedness" means five per cent of	5568
the school district's valuation for the year preceding the year in	5569
which the commission and school district enter into an agreement	5570
under division (B) of this section, plus [two one-hundredths of	5571
one per cent multiplied by (the percentile in which the district	5572
ranks minus one)].	5573

(c) "Local resources" means any moneys generated in any	5574
manner permitted for a school district board to raise the school	5575
district portion of a project undertaken with assistance under	5576
sections 3318.01 to 3318.20 of the Revised Code.	5577

(2) For purposes of determining the required level of	5578
indebtedness, the required percentage of the basic project costs	5579
under division (C)(1) of this section, and priority for assistance	5580
under sections 3318.01 to 3318.20 of the Revised Code, the	5581
percentile ranking of a school district with which the commission	5582
has entered into an agreement under this section between the first	5583
day of July and the thirty-first day of August in each fiscal year	5584
is the percentile ranking calculated for that district for the	5585
immediately preceding fiscal year, and the percentile ranking of a	5586
school district with which the commission has entered into such	5587
agreement between the first day of September and the thirtieth day	5588
of June in each fiscal year is the percentile ranking calculated	5589
for that district for the current fiscal year.	5590

(B)(1) There is hereby established the school building	5591
assistance expedited local partnership program. Under the program,	5592
the Ohio school facilities commission may enter into an agreement	5593
with the ~~school district~~ board of any school district under which	5594
the ~~school district~~ board may proceed with the new construction or	5595
major repairs of a part of the ~~school~~ district's classroom	5596
facilities needs, as determined under sections 3318.01 to 3318.20	5597
of the Revised Code, through the expenditure of local resources	5598
prior to the school district's eligibility for state assistance	5599
under those sections, and may apply that expenditure toward	5600
meeting the school district's portion of the basic project cost of	5601
the total of the ~~school~~ district's classroom facilities needs, as	5602
~~determined under sections 3318.01 to 3318.20 of the Revised Code~~	5603
~~and~~ as recalculated under division (E) of this section, ~~that are~~	5604
when the district becomes eligible for state assistance under	5605
sections 3318.01 to 3318.20 or section 3318.364 of the Revised	5606
Code ~~when the school district becomes eligible for that~~	5607
~~assistance~~. Any school district that is reasonably expected to	5608
receive assistance under sections 3318.01 to 3318.20 of the	5609
Revised Code within two fiscal years from the date the school	5610
district adopts its resolution under division (B) of this section	5611
shall not be eligible to participate in the program established	5612
under this section.	5613

(2) To participate in the program, a school district board	5614
shall first adopt a resolution certifying to the commission the	5615
board's intent to participate in the program.	5616

The resolution shall specify the approximate date that the	5617
board intends to seek elector approval of any bond or tax measures	5618
or to apply other local resources to use to pay the cost of	5619
classroom facilities to be constructed under this section. The	5620
resolution may specify the application of local resources or	5621
elector-approved bond or tax measures after the resolution is	5622
adopted by the board, and in such case the board may proceed with	5623
a discrete portion of its project under this section as soon as	5624
the commission and the controlling board have approved the basic	5625
project cost of the district's classroom facilities needs as	5626
specified in division (D) of this section. The board shall submit	5627
its resolution to the commission not later than ten days after the	5628
date the resolution is adopted by the board.	5629

The commission shall not consider any resolution that is	5630
submitted pursuant to division (B)(2) of this section, as amended	5631
by this amendment, sooner than September 14, 2000.	5632

(3) For purposes of determining when a district that enters	5633
into an agreement under this section becomes eligible for	5634
assistance under sections 3318.01 to 3318.20 of the Revised Code	5635
or priority for assistance under section 3318.364 of the Revised	5636
Code, the commission shall use the district's percentile ranking	5637
determined at the time the district entered into the agreement	5638
under this section, as prescribed by division (A)(2) of this	5639
section.	5640

(4) Any project under this section shall comply with section	5641
3318.03 of the Revised Code and with any specifications for plans	5642
and materials for classroom facilities adopted by the commission	5643
under section 3318.04 of the Revised Code.	5644

(5) If a school district that enters into an agreement under	5645
this section has not begun a project applying local resources as	5646
provided for under that agreement at the time the district is	5647
notified by the commission that it is eligible to receive state	5648
assistance under sections 3318.01 to 3318.20 of the Revised Code,	5649
all assessment and agreement documents entered into under this	5650
section are void.	5651

(6) Only construction of or repairs to classroom facilities	5652
that have been approved by the commission and have been therefore	5653
included as part of a district's basic project cost qualify for	5654
application of local resources under this section.	5655

(C) Based on the results of on-site visits and assessment,	5656
the commission shall determine the basic project cost of the	5657
school district's classroom facilities needs. The commission shall	5658
determine the school district's portion of such basic project	5659
cost, which shall be the greater of:	5660

(1) The required percentage of the basic project costs,	5661
determined based on the school district's percentile ranking;	5662

(2) An amount necessary to raise the school district's net	5663
bonded indebtedness, as of the fiscal year the commission and the	5664
school district enter into the agreement under division (B) of	5665
this section, to within five thousand dollars of the required	5666
level of indebtedness.	5667

(D)(1) When the commission determines the basic project cost	5668
of the classroom facilities needs of a school district and the	5669
school district's portion of that basic project cost under	5670
division (C) of this section, the project shall be conditionally	5671
approved. Such conditional approval shall be submitted to the	5672
controlling board for approval thereof. The controlling board	5673
shall forthwith approve or reject the commission's determination,	5674
conditional approval, and the amount of the state's portion of the	5675
basic project cost; however, no state funds shall be encumbered	5676
under this section. Upon approval by the controlling board, the	5677
school district board may identify a discrete part of its	5678
classroom facilities needs, which shall include only new	5679
construction of or additions or major repairs to a particular	5680
building, to address with local resources. Upon identifying a part	5681
of the school district's basic project cost to address with local	5682
resources, the school district board may allocate any available	5683
school district moneys to pay the cost of that identified part,	5684
including the proceeds of an issuance of bonds if approved by the	5685
electors of the school district.	5686

All local resources utilized under this division shall first	5687
be deposited in the project construction account required under	5688
section 3318.08 of the Revised Code.	5689

(2) Unless the school district board exercises its option	5690
under division (D)(3) of this section, for a school district to	5691
qualify for participation in the program authorized under this	5692
section, one of the following conditions shall be satisfied:	5693

(a) The electors of the school district by a majority vote	5694
shall approve the levy of taxes outside the ten-mill limitation	5695
for a period of twenty-three years at the rate of not less than	5696
one-half mill for each dollar of valuation to be used to pay the	5697
cost of maintaining the classroom facilities included in the basic	5698
project cost as determined by the commission. The form of the	5699
ballot to be used to submit the question whether to approve the	5700
tax required under this division to the electors of the school	5701
district shall be the form for an additional levy of taxes	5702
prescribed in section 3318.361 of the Revised Code, which may be	5703
combined in a single ballot question with the questions prescribed	5704
under section 5705.218 of the Revised Code.	5705

(b) As authorized under division (C) of section 3318.05 of	5706
the Revised Code, the school district board shall earmark from the	5707
proceeds of a permanent improvement tax levied under section	5708
5705.21 of the Revised Code, an amount equivalent to the	5709
additional tax otherwise required under division (D)(2)(a) of this	5710
section for the maintenance of the classroom facilities included	5711
in the basic project cost as determined by the commission.	5712

(c) As authorized under section 3318.051 of the Revised Code,	5713
the school district board shall, if approved by the commission,	5714
annually transfer into the maintenance fund required under section	5715
3318.05 of the Revised Code the amount prescribed in section	5716
3318.051 of the Revised Code in lieu of the tax otherwise required	5717
under division (D)(2)(a) of this section for the maintenance of	5718
the classroom facilities included in the basic project cost as	5719
determined by the commission.	5720

(d) If the school district board has rescinded the agreement	5721
to make transfers under section 3318.051 of the Revised Code, as	5722
provided under division (F) of that section, the electors of the	5723
school district, in accordance with section 3318.063 of the	5724
Revised Code, first shall approve the levy of taxes outside the	5725
ten-mill limitation for the period specified in that section at a	5726
rate of not less than one-half mill for each dollar of valuation.	5727

(e) The school district board shall apply the proceeds of a	5728
tax to leverage bonds as authorized under section 3318.052 of the	5729
Revised Code or dedicate a local donated contribution in the	5730
manner described in division (B) of section 3318.084 of the	5731
Revised Code in an amount equivalent to the additional tax	5732
otherwise required under division (D)(2)(a) of this section for	5733
the maintenance of the classroom facilities included in the basic	5734
project cost as determined by the commission.	5735

(3) A school district board may opt to delay taking any of	5736
the actions described in division (D)(2) of this section until the	5737
school district becomes eligible for state assistance under	5738
sections 3318.01 to 3318.20 of the Revised Code. In order to	5739
exercise this option, the board shall certify to the commission a	5740
resolution indicating the board's intent to do so prior to	5741
entering into an agreement under division (B) of this section.	5742

(4) If pursuant to division (D)(3) of this section a district	5743
board opts to delay levying an additional tax until the district	5744
becomes eligible for state assistance, it shall submit the	5745
question of levying that tax to the district electors as follows:	5746

(a) In accordance with section 3318.06 of the Revised Code if	5747
it will also be necessary pursuant to division (E) of this section	5748
to submit a proposal for approval of a bond issue;	5749

(b) In accordance with section 3318.361 of the Revised Code	5750
if it is not necessary to also submit a proposal for approval of a	5751
bond issue pursuant to division (E) of this section.	5752

(5) No state assistance under sections 3318.01 to 3318.20 of	5753
the Revised Code shall be released until a school district board	5754
that adopts and certifies a resolution under division (D) of this	5755
section also demonstrates to the satisfaction of the commission	5756
compliance with the provisions of division (D)(2) of this section.	5757

Any amount required for maintenance under division (D)(2) of	5758
this section shall be deposited into a separate fund as specified	5759
in division (B) of section 3318.05 of the Revised Code.	5760

(E)(1) If the school district becomes eligible for state	5761
assistance under sections 3318.01 to 3318.20 of the Revised Code	5762
based on its percentile ranking under division (B)(3) of this	5763
section or is offered assistance under section 3318.364 of the	5764
Revised Code, the commission shall conduct a new assessment of the	5765
school district's classroom facilities needs and shall recalculate	5766
the basic project cost based on this new assessment. The basic	5767
project cost recalculated under this division shall include the	5768
amount of expenditures made by the school district board under	5769
division (D)(1) of this section. The commission shall then	5770
recalculate the school district's portion of the new basic project	5771
cost, which shall be the percentage of the original basic project	5772
cost assigned to the school district as its portion under division	5773
(C) of this section. The commission shall deduct the expenditure	5774
of school district moneys made under division (D)(1) of this	5775
section from the school district's portion of the basic project	5776
cost as recalculated under this division. If the amount of school	5777
district resources applied by the school district board to the	5778
school district's portion of the basic project cost under this	5779
section is less than the total amount of such portion as	5780
recalculated under this division, the school district board by a	5781
majority vote of all of its members shall, if it desires to seek	5782
state assistance under sections 3318.01 to 3318.20 of the Revised	5783
Code, adopt a resolution as specified in section 3318.06 of the	5784
Revised Code to submit to the electors of the school district the	5785
question of approval of a bond issue in order to pay any	5786
additional amount of school district portion required for state	5787
assistance. Any tax levy approved under division (D) of this	5788
section satisfies the requirements to levy the additional tax	5789
under section 3318.06 of the Revised Code.	5790

(2) If the amount of school district resources applied by the	5791
school district board to the school district's portion of the	5792
basic project cost under this section is more than the total	5793
amount of such portion as recalculated under this division, within	5794
one year after the school district's portion is recalculated under	5795
division (E)(1) of this section the commission may grant to the	5796
school district the difference between the two calculated	5797
portions, but at no time shall the commission expend any state	5798
funds on a project in an amount greater than the state's portion	5799
of the basic project cost as recalculated under this division.	5800

Any reimbursement under this division shall be only for local	5801
resources the school district has applied toward construction cost	5802
expenditures for the classroom facilities approved by the	5803
commission, which shall not include any financing costs associated	5804
with that construction.	5805

The school district board shall use any moneys reimbursed to	5806
the district under this division to pay off any debt service the	5807
district owes for classroom facilities constructed under its	5808
project under this section before such moneys are applied to any	5809
other purpose. However, the district board first may deposit	5810
moneys reimbursed under this division into the district's general	5811
fund or a permanent improvement fund to replace local resources	5812
the district withdrew from those funds, as long as, and to the	5813
extent that, those local resources were used by the district for	5814
constructing classroom facilities included in the district's basic	5815
project cost.	5816

Sec. 3318.364. In any fiscal year, the Ohio school	5817
facilities commission may, at its discretion, provide assistance	5818
under sections 3318.01 to 3318.20 of the Revised Code to a school	5819
district that has entered into an expedited local partnership	5820
agreement under section 3318.36 of the Revised Code before the	5821
district is otherwise eligible for that assistance based on its	5822
percentile rank, if the commission determines all of the	5823
following:	5824

(A) The district has made an expenditure of local resources	5825
under its expedited local partnership agreement on a discrete part	5826
of its district-wide project.	5827

(B) The district is ready to complete its district-wide	5828
project or a segment of the project, in accordance with section	5829
3318.034 of the Revised Code.	5830

(C) The district is in compliance with division (D)(2) of	5831
section 3318.36 of the Revised Code.	5832

(D) Sufficient state funds have been appropriated for	5833
classroom facilities projects for the fiscal year to pay the state	5834
share of the district's project or segment after paying the state	5835
share of projects for all of the following:	5836

(1) Districts that previously had their conditional approval	5837
lapse pursuant to section 3318.05 and currently have a new	5838
conditional approval under section 3318.054 of the Revised Code;	5839

(2) Districts eligible for assistance under division (B)(2)	5840
of section 3318.04 of the Revised Code;	5841

(3) Districts participating in the exceptional needs school	5842
facilities assistance program under section 3318.37 or 3318.371 of	5843
the Revised Code;	5844

(4) Districts participating in the accelerated urban school	5845
building assistance program under section 3318.38 of the Revised	5846
Code.	5847

A district that is eligible for assistance under this section	5848
shall have priority over any of the current next ten school	5849
districts identified under section 3318.023 of the Revised Code.	5850
Assistance under this section shall be offered to eligible	5851
districts in the order of their percentile rankings at the time	5852
they entered into their expedited local partnership agreements,	5853
from lowest to highest percentile. In the event that more than one	5854
district has the same percentile ranking, those districts shall be	5855
offered assistance in the order of the date they entered into	5856
their expedited local partnership agreements, from earliest to	5857
latest date.	5858

As used in this section, "local resources" and "percentile"	5859
have the same meanings as in section 3318.36 of the Revised Code.	5860

Sec. 3318.37. (A)(1) As used in this section:

5861

~~(a) "Large land area school district" means a school district~~	5862
~~with a territory of greater than three hundred square miles in any~~	5863
~~percentile as determined under section 3318.011 of the Revised~~	5864
~~Code.~~	5865

~~(b) "Low wealth school district" means a school district in~~	5866
~~the first through seventy-fifth percentiles as determined under~~	5867
~~section 3318.011 of the Revised Code.~~	5868

~~(c) A~~, a "school district with an exceptional need for	5869
immediate classroom facilities assistance" means a ~~low wealth or~~	5870
~~large land area~~ school district with an exceptional need for new	5871
facilities in order to protect the health and safety of all or a	5872
portion of its students.	5873

(2) No school district that participates in the school	5874
building assistance expedited local partnership program under	5875
section 3318.36 of the Revised Code shall receive assistance under	5876
the program established under this section unless the following	5877
conditions are satisfied:	5878

(a) The district board adopted a resolution certifying its	5879
intent to participate in the school building assistance expedited	5880
local partnership program under section 3318.36 of the Revised	5881
Code prior to September 14, 2000.	5882

(b) The district was selected by the Ohio school facilities	5883
commission for participation in the school building assistance	5884
expedited local partnership program under section 3318.36 of the	5885
Revised Code in the manner prescribed by the commission under that	5886
section as it existed prior to September 14, 2000.	5887

(B)(1) There is hereby established the exceptional needs	5888
school facilities assistance program. Under the program, the Ohio	5889
school facilities commission may set aside from the moneys	5890
annually appropriated to it for classroom facilities assistance	5891
projects up to twenty-five per cent for assistance to school	5892
districts with exceptional needs for immediate classroom	5893
facilities assistance.	5894

(2)(a) After consulting with education and construction	5895
experts, the commission shall adopt guidelines for identifying	5896
school districts with an exceptional need for immediate classroom	5897
facilities assistance.	5898

(b) The guidelines shall include application forms and	5899
instructions for school districts to use in applying for	5900
assistance under this section.	5901

(3) The commission shall evaluate the classroom facilities,	5902
and the need for replacement classroom facilities from the	5903
applications received under this section. The commission,	5904
utilizing the guidelines adopted under division (B)(2)(a) of this	5905
section, shall prioritize the school districts to be assessed.	5906

Notwithstanding section 3318.02 of the Revised Code, the	5907
commission may conduct on-site evaluation of the school districts	5908
prioritized under this section and approve and award funds until	5909
such time as all funds set aside under division (B)(1) of this	5910
section have been encumbered. However, the commission need not	5911
conduct the evaluation of facilities if the commission determines	5912
that a district's assessment conducted under section 3318.36 of	5913
the Revised Code is sufficient for purposes of this section.	5914

(4) Notwithstanding division (A) of section 3318.05 of the	5915
Revised Code, the school district's portion of the basic project	5916
cost under this section shall be the "required percentage of the	5917
basic project costs," as defined in division (K) of section	5918
3318.01 of the Revised Code.	5919

(5) Except as otherwise specified in this section, any	5920
project undertaken with assistance under this section shall comply	5921
with all provisions of sections 3318.01 to 3318.20 of the Revised	5922
Code. A school district may receive assistance under sections	5923
3318.01 to 3318.20 of the Revised Code for the remainder of the	5924
district's classroom facilities needs as assessed under this	5925
section when the district is eligible for such assistance pursuant	5926
to section 3318.02 of the Revised Code, but any classroom facility	5927
constructed with assistance under this section shall not be	5928
included in a district's project at that time unless the	5929
commission determines the district has experienced the increased	5930
enrollment specified in division (B)(1) of section 3318.04 of the	5931
Revised Code.	5932

(C) No school district shall receive assistance under this	5933
section for a classroom facility that has been included in the	5934
discrete part of the district's classroom facilities needs	5935
identified and addressed in the district's project pursuant to an	5936
agreement entered into under section 3318.36 of the Revised Code,	5937
unless the district's entire classroom facilities plan consists of	5938
only a single building designed to house grades kindergarten	5939
through twelve.	5940

Sec. 3318.371. The Ohio school facilities commission may	5941
provide assistance under the exceptional needs school facilities	5942
program established by section 3318.37 of the Revised Code to any	5943
school district for the purpose of the relocation or replacement	5944
of classroom facilities required as a result of any contamination	5945
of air, soil, or water that impacts the occupants of the facility.	5946
~~Assistance under this section is not limited to school districts~~	5947
~~in the first through seventy-fifth percentiles as determined under~~	5948
~~section 3318.011 of the Revised Code.~~	5949

The commission shall make a determination in accordance with	5950
guidelines adopted by the commission regarding eligibility and	5951
funding for projects under this section. The commission may	5952
contract with an independent environmental consultant to conduct a	5953
study to assist the commission in making the determination.	5954

If the federal government or other public or private entity	5955
provides funds for restitution of costs incurred by the state or	5956
school district in the relocation or replacement of the classroom	5957
facilities, the school district shall use such funds in excess of	5958
the school district's share to refund the state for the state's	5959
contribution to the environmental contamination portion of the	5960
project. The school district may apply an amount of such	5961
restitution funds up to an amount equal to the school district's	5962
portion of the project, as defined by the commission, toward	5963
paying its portion of that project to reduce the amount of bonds	5964
the school district otherwise must issue to receive state	5965
assistance under sections 3318.01 to 3318.20 of the Revised Code.	5966

Sec. 3318.70. (A) As used in this section:

5967

(1) "Acquisition of classroom facilities" has the same	5968
meaning as in section 3318.40 of the Revised Code.	5969

(2) "Classroom facilities" has the same meaning as in section	5970
3318.01 of the Revised Code.	5971

(3) "STEM school" means a science, technology, engineering,	5972
and mathematics school established under Chapter 3326. of the	5973
Revised Code that is not governed by a single school district	5974
board of education, as prescribed by section 3326.51 of the	5975
Revised Code.	5976

(B) Upon receipt of a written proposal by the governing body	5977
of a STEM school, the Ohio school facilities commission, subject	5978
to approval of the controlling board, may provide funding to	5979
assist that STEM school in the acquisition of classroom	5980
facilities. The proposal of the governing body shall be submitted	5981
in a form and in the manner prescribed by the commission and shall	5982
indicate both the total amount of state funding requested and the	5983
amount of nonstate funding pledged for the acquisition of the	5984
classroom facilities, which shall not be less than the total	5985
amount of state funding requested. If the commission decides in	5986
favor of providing funding for the classroom facilities and if the	5987
controlling board approves that funding, the commission shall	5988
enter into an agreement with the governing body for the	5989
acquisition of the classroom facilities and shall encumber, in	5990
accordance with section 3318.11 of the Revised Code, the approved	5991
funding from the amounts appropriated to the commission for	5992
classroom facilities assistance projects. The agreement shall	5993
include a stipulation of the ownership of the classroom facilities	5994
in the event the STEM school permanently closes at any time.	5995

(C) In the case of the governing body of a group of STEM	5996
schools, as prescribed by section 3326.031 of the Revised Code,	5997
the governing body shall submit a proposal for each school under	5998
its direction separately, and the commission shall consider each	5999
proposal separately.	6000

Sec. 3319.02. (A)(1) As used in this section, "other	6001
administrator" means any of the following:	6002

(a) Except as provided in division (A)(2) of this section,	6003
any employee in a position for which a board of education requires	6004
a license designated by rule of the department of education for	6005
being an administrator issued under section 3319.22 of the Revised	6006
Code, including a professional pupil services employee or	6007
administrative specialist or an equivalent of either one who is	6008
not employed as a school counselor and spends less than fifty per	6009
cent of the time employed teaching or working with students;	6010

(b) Any nonlicensed employee whose job duties enable such	6011
employee to be considered as either a "supervisor" or a	6012
"management level employee," as defined in section 4117.01 of the	6013
Revised Code;	6014

(c) A business manager appointed under section 3319.03 of the	6015
Revised Code.	6016

(2) As used in this section, "other administrator" does not	6017
include a superintendent, assistant superintendent, principal, or	6018
assistant principal.	6019

(B) The board of education of each school district and the	6020
governing board of an educational service center may appoint one	6021
or more assistant superintendents and such other administrators as	6022
are necessary. An assistant educational service center	6023
superintendent or service center supervisor employed on a	6024
part-time basis may also be employed by a local board as a	6025
teacher. The board of each city, exempted village, and local	6026
school district shall employ principals for all high schools and	6027
for such other schools as the board designates, and those boards	6028
may appoint assistant principals for any school that they	6029
designate.	6030

(C) In educational service centers and in city, exempted	6031
village, and local school districts, assistant superintendents,	6032
principals, assistant principals, and other administrators shall	6033
only be employed or reemployed in accordance with nominations of	6034
the superintendent, except that a board of education of a school	6035
district or the governing board of a service center, by a	6036
three-fourths vote of its full membership, may reemploy any	6037
assistant superintendent, principal, assistant principal, or other	6038
administrator whom the superintendent refuses to nominate.	6039

The board of education or governing board shall execute a	6040
written contract of employment with each assistant superintendent,	6041
principal, assistant principal, and other administrator it employs	6042
or reemploys. The term of such contract shall not exceed three	6043
years except that in the case of a person who has been employed as	6044
an assistant superintendent, principal, assistant principal, or	6045
other administrator in the district or center for three years or	6046
more, the term of the contract shall be for not more than five	6047
years and, unless the superintendent of the district recommends	6048
otherwise, not less than two years. If the superintendent so	6049
recommends, the term of the contract of a person who has been	6050
employed by the district or service center as an assistant	6051
superintendent, principal, assistant principal, or other	6052
administrator for three years or more may be one year, but all	6053
subsequent contracts granted such person shall be for a term of	6054
not less than two years and not more than five years. When a	6055
teacher with continuing service status becomes an assistant	6056
superintendent, principal, assistant principal, or other	6057
administrator with the district or service center with which the	6058
teacher holds continuing service status, the teacher retains such	6059
status in the teacher's nonadministrative position as provided in	6060
sections 3319.08 and 3319.09 of the Revised Code.	6061

A board of education or governing board may reemploy an	6062
assistant superintendent, principal, assistant principal, or other	6063
administrator at any regular or special meeting held during the	6064
period beginning on the first day of January of the calendar year	6065
immediately preceding the year of expiration of the employment	6066
contract and ending on the ~~last~~first day of ~~March~~June of the	6067
year the employment contract expires.	6068

Except by mutual agreement of the parties thereto, no	6069
assistant superintendent, principal, assistant principal, or other	6070
administrator shall be transferred during the life of a contract	6071
to a position of lesser responsibility. No contract may be	6072
terminated by a board except pursuant to section 3319.16 of the	6073
Revised Code. No contract may be suspended except pursuant to	6074
section 3319.17 or 3319.171 of the Revised Code. The salaries and	6075
compensation prescribed by such contracts shall not be reduced by	6076
a board unless such reduction is a part of a uniform plan	6077
affecting the entire district or center. The contract shall	6078
specify the employee's administrative position and duties as	6079
included in the job description adopted under division (D) of this	6080
section, the salary and other compensation to be paid for	6081
performance of duties, the number of days to be worked, the number	6082
of days of vacation leave, if any, and any paid holidays in the	6083
contractual year.	6084

An assistant superintendent, principal, assistant principal,	6085
or other administrator is, at the expiration of the current term	6086
of employment, deemed reemployed at the same salary plus any	6087
increments that may be authorized by the board, unless such	6088
employee notifies the board in writing to the contrary on or	6089
before the ~~first~~fifteenth day of June, or unless such board, on	6090
or before the ~~last~~first day of ~~March~~June of the year in which	6091
the contract of employment expires, either reemploys such employee	6092
for a succeeding term or gives written notice of its intention not	6093
to reemploy the employee. The term of reemployment of a person	6094
reemployed under this paragraph shall be one year, except that if	6095
such person has been employed by the school district or service	6096
center as an assistant superintendent, principal, assistant	6097
principal, or other administrator for three years or more, the	6098
term of reemployment shall be two years.	6099

(D)(1) Each board shall adopt procedures for the evaluation	6100
of all assistant superintendents, principals, assistant	6101
principals, and other administrators and shall evaluate such	6102
employees in accordance with those procedures. The procedures for	6103
the evaluation of principals and assistant principals shall be	6104
based on principles comparable to the teacher evaluation policy	6105
adopted by the board under section 3319.111 of the Revised Code,	6106
but shall be tailored to the duties and responsibilities of	6107
principals and assistant principals and the environment in which	6108
~~principals~~they work. An evaluation based upon procedures adopted	6109
under this division shall be considered by the board in deciding	6110
whether to renew the contract of employment of an assistant	6111
superintendent, principal, assistant principal, or other	6112
administrator.	6113

(2) The evaluation shall measure each assistant	6114
superintendent's, principal's, assistant principal's, and other	6115
administrator's effectiveness in performing the duties included in	6116
the job description and the evaluation procedures shall provide	6117
for, but not be limited to, the following:	6118

(a) Each assistant superintendent, principal, assistant	6119
principal, and other administrator shall be evaluated annually	6120
through a written evaluation process.	6121

(b) The evaluation shall be conducted by the superintendent	6122
or designee.	6123

(c) In order to provide time to show progress in correcting	6124
the deficiencies identified in the evaluation process, the	6125
evaluation process shall be completed as follows:	6126

(i) In any school year that the employee's contract of	6127
employment is not due to expire, at least one evaluation shall be	6128
completed in that year. A written copy of the evaluation shall be	6129
provided to the employee no later than the end of the employee's	6130
contract year as defined by the employee's annual salary notice.	6131

(ii) In any school year that the employee's contract of	6132
employment is due to expire, at least a preliminary evaluation and	6133
at least a final evaluation shall be completed in that year. A	6134
written copy of the preliminary evaluation shall be provided to	6135
the employee at least sixty days prior to any action by the board	6136
on the employee's contract of employment. The final evaluation	6137
shall indicate the superintendent's intended recommendation to the	6138
board regarding a contract of employment for the employee. A	6139
written copy of the evaluation shall be provided to the employee	6140
at least five days prior to the board's acting to renew or not	6141
renew the contract.	6142

(3) Termination of an assistant superintendent, principal,	6143
assistant principal, or other administrator's contract shall be	6144
pursuant to section 3319.16 of the Revised Code. Suspension of any	6145
such employee shall be pursuant to section 3319.17 or 3319.171 of	6146
the Revised Code.	6147

(4) Before taking action to renew or nonrenew the contract of	6148
an assistant superintendent, principal, assistant principal, or	6149
other administrator under this section and prior to the ~~last~~first	6150
day of ~~March~~June of the year in which such employee's contract	6151
expires, the board shall notify each such employee of the date	6152
that the contract expires and that the employee may request a	6153
meeting with the board. Upon request by such an employee, the	6154
board shall grant the employee a meeting in executive session. In	6155
that meeting, the board shall discuss its reasons for considering	6156
renewal or nonrenewal of the contract. The employee shall be	6157
permitted to have a representative, chosen by the employee,	6158
present at the meeting.	6159

(5) The establishment of an evaluation procedure shall not	6160
create an expectancy of continued employment. Nothing in division	6161
(D) of this section shall prevent a board from making the final	6162
determination regarding the renewal or nonrenewal of the contract	6163
of any assistant superintendent, principal, assistant principal,	6164
or other administrator. However, if a board fails to provide	6165
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	6166
section, or if the board fails to provide at the request of the	6167
employee a meeting as prescribed in division (D)(4) of this	6168
section, the employee automatically shall be reemployed at the	6169
same salary plus any increments that may be authorized by the	6170
board for a period of one year, except that if the employee has	6171
been employed by the district or service center as an assistant	6172
superintendent, principal, assistant principal, or other	6173
administrator for three years or more, the period of reemployment	6174
shall be for two years.	6175

(E) On nomination of the superintendent of a service center a	6176
governing board may employ supervisors who shall be employed under	6177
written contracts of employment for terms not to exceed five years	6178
each. Such contracts may be terminated by a governing board	6179
pursuant to section 3319.16 of the Revised Code. Any supervisor	6180
employed pursuant to this division may terminate the contract of	6181
employment at the end of any school year after giving the board at	6182
least thirty days' written notice prior to such termination. On	6183
the recommendation of the superintendent the contract or contracts	6184
of any supervisor employed pursuant to this division may be	6185
suspended for the remainder of the term of any such contract	6186
pursuant to section 3319.17 or 3319.171 of the Revised Code.	6187

(F) A board may establish vacation leave for any individuals	6188
employed under this section. Upon such an individual's separation	6189
from employment, a board that has such leave may compensate such	6190
an individual at the individual's current rate of pay for all	6191
lawfully accrued and unused vacation leave credited at the time of	6192
separation, not to exceed the amount accrued within three years	6193
before the date of separation. In case of the death of an	6194
individual employed under this section, such unused vacation leave	6195
as the board would have paid to the individual upon separation	6196
under this section shall be paid in accordance with section	6197
2113.04 of the Revised Code, or to the estate.	6198

(G) The board of education of any school district may	6199
contract with the governing board of the educational service	6200
center from which it otherwise receives services to conduct	6201
searches and recruitment of candidates for assistant	6202
superintendent, principal, assistant principal, and other	6203
administrator positions authorized under this section.	6204

Sec. 3319.031. Notwithstanding any provision of the Revised	6205
Code to the contrary, if the board of education of a city, local,	6206
or exempted village school district does not appoint a business	6207
manager under section 3319.03 of the Revised Code, the board may	6208
assign powers and duties specified in section 3319.04 of the	6209
Revised Code to one or more employees or officers of the board,	6210
including the treasurer, and may give the employees or officers	6211
any title recognizing the assignment of the powers and duties. The	6212
prohibition, in section 3319.04 of the Revised Code, against a	6213
business manager having possession of moneys does not prevent a	6214
board from assigning powers and duties specified in that section	6215
to the treasurer and does not prevent a treasurer who is assigned	6216
those powers and duties from exercising the powers and duties of	6217
treasurer.	6218

Sec. 3319.06. (A) The board of education of each city,	6219
exempted village, or local school district may create the position	6220
of internal auditor. Any person employed by the board as an	6221
internal auditor shall hold a valid permit issued under section	6222
4701.10 of the Revised Code to practice as a certified public	6223
accountant or a public accountant.	6224

(B) The board shall execute a written contract of employment	6225
with each internal auditor it employs. The contract shall specify	6226
the internal auditor's duties, the salary and other compensation	6227
to be paid for performance of those duties, the number of days to	6228
be worked, the number of days of vacation leave, if any, and any	6229
paid holidays in the contractual year. The salary and other	6230
compensation prescribed by the contract may be increased by the	6231
board during the term of the contract but shall not be reduced	6232
during that term unless such reduction is part of a uniform plan	6233
affecting employees of the entire district. The term of the	6234
initial contract shall not exceed three years. Any renewal of the	6235
contract shall be for a term of not less than two years and not	6236
more than five years.	6237

The internal auditor shall be directly responsible to the	6238
board for the performance of all duties outlined in the contract.	6239
If the board does not intend to renew the contract upon its	6240
expiration, the board shall provide written notice to the internal	6241
auditor of its intention not to renew the contract not later than	6242
the ~~last~~first day of ~~March~~June of the year in which the contract	6243
expires. If the board does not provide such notice by that date,	6244
the internal auditor shall be deemed reemployed for a term of one	6245
year at the same salary plus any increments that may be authorized	6246
by the board. Termination of an internal auditor's contract shall	6247
be pursuant to section 3319.16 of the Revised Code.	6248

(C) Each board that employs an internal auditor shall adopt	6249
procedures for the evaluation of the internal auditor and shall	6250
evaluate the internal auditor in accordance with those procedures.	6251
The evaluation based upon the procedures shall be considered by	6252
the board in deciding whether to renew the internal auditor's	6253
contract of employment. The establishment of an evaluation	6254
procedure shall not create an expectancy of continued employment.	6255
Nothing in this section shall prevent the board from making the	6256
final determination regarding the renewal or nonrenewal of the	6257
contract of an internal auditor.	6258

Sec. 3319.11. (A) As used in this section:

6259

(1) "Evaluation procedures" means the procedures required by	6260
the policy adopted pursuant to division (A) of section 3319.111 of	6261
the Revised Code.	6262

(2) "Limited contract" means a limited contract, as described	6263
in section 3319.08 of the Revised Code, that a school district	6264
board of education or governing board of an educational service	6265
center enters into with a teacher who is not eligible for	6266
continuing service status.	6267

(3) "Extended limited contract" means a limited contract, as	6268
described in section 3319.08 of the Revised Code, that a board of	6269
education or governing board enters into with a teacher who is	6270
eligible for continuing service status.	6271

(B) Teachers eligible for continuing service status in any	6272
city, exempted village, local, or joint vocational school district	6273
or educational service center shall be those teachers qualified as	6274
described in division (D) of section 3319.08 of the Revised Code,	6275
who within the last five years have taught for at least three	6276
years in the district or center, and those teachers who, having	6277
attained continuing contract status elsewhere, have served two	6278
years in the district or center, but the board, upon the	6279
recommendation of the superintendent, may at the time of	6280
employment or at any time within such two-year period, declare any	6281
of the latter teachers eligible.	6282

(1) Upon the recommendation of the superintendent that a	6283
teacher eligible for continuing service status be reemployed, a	6284
continuing contract shall be entered into between the board and	6285
the teacher unless the board by a three-fourths vote of its full	6286
membership rejects the recommendation of the superintendent. If	6287
the board rejects by a three-fourths vote of its full membership	6288
the recommendation of the superintendent that a teacher eligible	6289
for continuing service status be reemployed and the superintendent	6290
makes no recommendation to the board pursuant to division (C) of	6291
this section, the board may declare its intention not to reemploy	6292
the teacher by giving the teacher written notice on or before the	6293
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6294
the teacher. If evaluation procedures have not been complied with	6295
pursuant to section 3319.111 of the Revised Code or the board does	6296
not give the teacher written notice on or before the ~~thirtieth~~	6297
first day of ~~April~~June of its intention not to reemploy the	6298
teacher, the teacher is deemed reemployed under an extended	6299
limited contract for a term not to exceed one year at the same	6300
salary plus any increment provided by the salary schedule. The	6301
teacher is presumed to have accepted employment under the extended	6302
limited contract for a term not to exceed one year unless such	6303
teacher notifies the board in writing to the contrary on or before	6304
the ~~first~~fifteenth day of June, and an extended limited contract	6305
for a term not to exceed one year shall be executed accordingly.	6306
Upon any subsequent reemployment of the teacher only a continuing	6307
contract may be entered into.	6308

(2) If the superintendent recommends that a teacher eligible	6309
for continuing service status not be reemployed, the board may	6310
declare its intention not to reemploy the teacher by giving the	6311
teacher written notice on or before the ~~thirtieth~~first day of	6312
~~April~~June of its intention not to reemploy the teacher. If	6313
evaluation procedures have not been complied with pursuant to	6314
section 3319.111 of the Revised Code or the board does not give	6315
the teacher written notice on or before the ~~thirtieth~~first day of	6316
~~April~~June of its intention not to reemploy the teacher, the	6317
teacher is deemed reemployed under an extended limited contract	6318
for a term not to exceed one year at the same salary plus any	6319
increment provided by the salary schedule. The teacher is presumed	6320
to have accepted employment under the extended limited contract	6321
for a term not to exceed one year unless such teacher notifies the	6322
board in writing to the contrary on or before the ~~first~~fifteenth	6323
day of June, and an extended limited contract for a term not to	6324
exceed one year shall be executed accordingly. Upon any subsequent	6325
reemployment of a teacher only a continuing contract may be	6326
entered into.	6327

(3) Any teacher receiving written notice of the intention of	6328
a board not to reemploy such teacher pursuant to this division is	6329
entitled to the hearing provisions of division (G) of this	6330
section.	6331

(C)(1) If a board rejects the recommendation of the	6332
superintendent for reemployment of a teacher pursuant to division	6333
(B)(1) of this section, the superintendent may recommend	6334
reemployment of the teacher, if continuing service status has not	6335
previously been attained elsewhere, under an extended limited	6336
contract for a term not to exceed two years, provided that written	6337
notice of the superintendent's intention to make such	6338
recommendation has been given to the teacher with reasons directed	6339
at the professional improvement of the teacher on or before the	6340
~~thirtieth~~first day of ~~April~~June. Upon subsequent reemployment of	6341
the teacher only a continuing contract may be entered into.	6342

(2) If a board of education takes affirmative action on a	6343
superintendent's recommendation, made pursuant to division (C)(1)	6344
of this section, of an extended limited contract for a term not to	6345
exceed two years but the board does not give the teacher written	6346
notice of its affirmative action on the superintendent's	6347
recommendation of an extended limited contract on or before the	6348
~~thirtieth~~first day of ~~April~~June, the teacher is deemed	6349
reemployed under a continuing contract at the same salary plus any	6350
increment provided by the salary schedule. The teacher is presumed	6351
to have accepted employment under such continuing contract unless	6352
such teacher notifies the board in writing to the contrary on or	6353
before the ~~first~~fifteenth day of June, and a continuing contract	6354
shall be executed accordingly.	6355

(3) A board shall not reject a superintendent's	6356
recommendation, made pursuant to division (C)(1) of this section,	6357
of an extended limited contract for a term not to exceed two years	6358
except by a three-fourths vote of its full membership. If a board	6359
rejects by a three-fourths vote of its full membership the	6360
recommendation of the superintendent of an extended limited	6361
contract for a term not to exceed two years, the board may declare	6362
its intention not to reemploy the teacher by giving the teacher	6363
written notice on or before the ~~thirtieth~~first day of ~~April~~June	6364
of its intention not to reemploy the teacher. If evaluation	6365
procedures have not been complied with pursuant to section	6366
3319.111 of the Revised Code or if the board does not give the	6367
teacher written notice on or before the ~~thirtieth~~first day of	6368
~~April~~June of its intention not to reemploy the teacher, the	6369
teacher is deemed reemployed under an extended limited contract	6370
for a term not to exceed one year at the same salary plus any	6371
increment provided by the salary schedule. The teacher is presumed	6372
to have accepted employment under the extended limited contract	6373
for a term not to exceed one year unless such teacher notifies the	6374
board in writing to the contrary on or before the ~~first~~fifteenth	6375
day of June, and an extended limited contract for a term not to	6376
exceed one year shall be executed accordingly. Upon any subsequent	6377
reemployment of the teacher only a continuing contract may be	6378
entered into.	6379

Any teacher receiving written notice of the intention of a	6380
board not to reemploy such teacher pursuant to this division is	6381
entitled to the hearing provisions of division (G) of this	6382
section.	6383

(D) A teacher eligible for continuing contract status	6384
employed under an extended limited contract pursuant to division	6385
(B) or (C) of this section, is, at the expiration of such extended	6386
limited contract, deemed reemployed under a continuing contract at	6387
the same salary plus any increment granted by the salary schedule,	6388
unless evaluation procedures have been complied with pursuant to	6389
section 3319.111 of the Revised Code and the employing board,	6390
acting on the superintendent's recommendation that the teacher not	6391
be reemployed, gives the teacher written notice on or before the	6392
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6393
such teacher. A teacher who does not have evaluation procedures	6394
applied in compliance with section 3319.111 of the Revised Code or	6395
who does not receive notice on or before the ~~thirtieth~~first day	6396
of ~~April~~June of the intention of the board not to reemploy such	6397
teacher is presumed to have accepted employment under a continuing	6398
contract unless such teacher notifies the board in writing to the	6399
contrary on or before the ~~first~~fifteenth day of June, and a	6400
continuing contract shall be executed accordingly.	6401

Any teacher receiving a written notice of the intention of a	6402
board not to reemploy such teacher pursuant to this division is	6403
entitled to the hearing provisions of division (G) of this	6404
section.	6405

(E) The board shall enter into a limited contract with each	6406
teacher employed by the board who is not eligible to be considered	6407
for a continuing contract.	6408

Any teacher employed under a limited contract, and not	6409
eligible to be considered for a continuing contract, is, at the	6410
expiration of such limited contract, considered reemployed under	6411
the provisions of this division at the same salary plus any	6412
increment provided by the salary schedule unless evaluation	6413
procedures have been complied with pursuant to section 3319.111 of	6414
the Revised Code and the employing board, acting upon the	6415
superintendent's written recommendation that the teacher not be	6416
reemployed, gives such teacher written notice of its intention not	6417
to reemploy such teacher on or before the ~~thirtieth~~first day of	6418
~~April~~June. A teacher who does not have evaluation procedures	6419
applied in compliance with section 3319.111 of the Revised Code or	6420
who does not receive notice of the intention of the board not to	6421
reemploy such teacher on or before the ~~thirtieth~~first day of	6422
~~April~~June is presumed to have accepted such employment unless	6423
such teacher notifies the board in writing to the contrary on or	6424
before the ~~first~~fifteenth day of June, and a written contract for	6425
the succeeding school year shall be executed accordingly.	6426

Any teacher receiving a written notice of the intention of a	6427
board not to reemploy such teacher pursuant to this division is	6428
entitled to the hearing provisions of division (G) of this	6429
section.	6430

(F) The failure of a superintendent to make a recommendation	6431
to the board under any of the conditions set forth in divisions	6432
(B) to (E) of this section, or the failure of the board to give	6433
such teacher a written notice pursuant to divisions (C) to (E) of	6434
this section shall not prejudice or prevent a teacher from being	6435
deemed reemployed under either a limited or continuing contract as	6436
the case may be under the provisions of this section. A failure of	6437
the parties to execute a written contract shall not void any	6438
automatic reemployment provisions of this section.	6439

(G)(1) Any teacher receiving written notice of the intention	6440
of a board of education not to reemploy such teacher pursuant to	6441
division (B), (C)(3), (D), or (E) of this section may, within ten	6442
days of the date of receipt of the notice, file with the treasurer	6443
of the board a written demand for a written statement describing	6444
the circumstances that led to the board's intention not to	6445
reemploy the teacher.	6446

(2) The treasurer of a board, on behalf of the board, shall,	6447
within ten days of the date of receipt of a written demand for a	6448
written statement pursuant to division (G)(1) of this section,	6449
provide to the teacher a written statement describing the	6450
circumstances that led to the board's intention not to reemploy	6451
the teacher.	6452

(3) Any teacher receiving a written statement describing the	6453
circumstances that led to the board's intention not to reemploy	6454
the teacher pursuant to division (G)(2) of this section may,	6455
within five days of the date of receipt of the statement, file	6456
with the treasurer of the board a written demand for a hearing	6457
before the board pursuant to divisions (G)(4) to (6) of this	6458
section.	6459

(4) The treasurer of a board, on behalf of the board, shall,	6460
within ten days of the date of receipt of a written demand for a	6461
hearing pursuant to division (G)(3) of this section, provide to	6462
the teacher a written notice setting forth the time, date, and	6463
place of the hearing. The board shall schedule and conclude the	6464
hearing within forty days of the date on which the treasurer of	6465
the board receives a written demand for a hearing pursuant to	6466
division (G)(3) of this section.	6467

(5) Any hearing conducted pursuant to this division shall be	6468
conducted by a majority of the members of the board. The hearing	6469
shall be held in executive session of the board unless the board	6470
and the teacher agree to hold the hearing in public. The	6471
superintendent, assistant superintendent, the teacher, and any	6472
person designated by either party to take a record of the hearing	6473
may be present at the hearing. The board may be represented by	6474
counsel and the teacher may be represented by counsel or a	6475
designee. A record of the hearing may be taken by either party at	6476
the expense of the party taking the record.	6477

(6) Within ten days of the conclusion of a hearing conducted	6478
pursuant to this division, the board shall issue to the teacher a	6479
written decision containing an order affirming the intention of	6480
the board not to reemploy the teacher reported in the notice given	6481
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	6482
this section or an order vacating the intention not to reemploy	6483
and expunging any record of the intention, notice of the	6484
intention, and the hearing conducted pursuant to this division.	6485

(7) A teacher may appeal an order affirming the intention of	6486
the board not to reemploy the teacher to the court of common pleas	6487
of the county in which the largest portion of the territory of the	6488
school district or service center is located, within thirty days	6489
of the date on which the teacher receives the written decision, on	6490
the grounds that the board has not complied with this section or	6491
section 3319.111 of the Revised Code.	6492

Notwithstanding section 2506.04 of the Revised Code, the	6493
court in an appeal under this division is limited to the	6494
determination of procedural errors and to ordering the correction	6495
of procedural errors and shall have no jurisdiction to order a	6496
board to reemploy a teacher, except that the court may order a	6497
board to reemploy a teacher in compliance with the requirements of	6498
division (B), (C)(3), (D), or (E) of this section when the court	6499
determines that evaluation procedures have not been complied with	6500
pursuant to section 3319.111 of the Revised Code or the board has	6501
not given the teacher written notice on or before the ~~thirtieth~~	6502
first day of ~~April~~June of its intention not to reemploy the	6503
teacher pursuant to division (B), (C)(3), (D), or (E) of this	6504
section. Otherwise, the determination whether to reemploy or not	6505
reemploy a teacher is solely a board's determination and not a	6506
proper subject of judicial review and, except as provided in this	6507
division, no decision of a board whether to reemploy or not	6508
reemploy a teacher shall be invalidated by the court on any basis,	6509
including that the decision was not warranted by the results of	6510
any evaluation or was not warranted by any statement given	6511
pursuant to division (G)(2) of this section.	6512

No appeal of an order of a board may be made except as	6513
specified in this division.	6514

(H)(1) In giving a teacher any notice required by division	6515
(B), (C), (D), or (E) of this section, the board or the	6516
superintendent shall do either of the following:	6517

(a) Deliver the notice by personal service upon the teacher;

6518

(b) Deliver the notice by certified mail, return receipt	6519
requested, addressed to the teacher at the teacher's place of	6520
employment and deliver a copy of the notice by certified mail,	6521
return receipt requested, addressed to the teacher at the	6522
teacher's place of residence.	6523

(2) In giving a board any notice required by division (B),	6524
(C), (D), or (E) of this section, the teacher shall do either of	6525
the following:	6526

(a) Deliver the notice by personal delivery to the office of	6527
the superintendent during regular business hours;	6528

(b) Deliver the notice by certified mail, return receipt	6529
requested, addressed to the office of the superintendent and	6530
deliver a copy of the notice by certified mail, return receipt	6531
requested, addressed to the president of the board at the	6532
president's place of residence.	6533

(3) When any notice and copy of the notice are mailed	6534
pursuant to division (H)(1)(b) or (2)(b) of this section, the	6535
notice or copy of the notice with the earlier date of receipt	6536
shall constitute the notice for the purposes of division (B), (C),	6537
(D), or (E) of this section.	6538

(I) The provisions of this section shall not apply to any	6539
supplemental written contracts entered into pursuant to section	6540
3319.08 of the Revised Code.	6541

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	6542
Code, this section applies to any person who is employed under a	6543
teacher license issued under this chapter, or under a professional	6544
or permanent teacher's certificate issued under former section	6545
3319.222 of the Revised Code, and who spends at least fifty per	6546
cent of the time employed providing student instruction. However,	6547
this section does not apply to any person who is employed as a	6548
substitute teacher.	6549

(A) Not later than July 1, 2013, the board of education of	6550
each school district, in consultation with teachers employed by	6551
the board, shall adopt a standards-based teacher evaluation policy	6552
that conforms with the framework for evaluation of teachers	6553
developed under section 3319.112 of the Revised Code. ~~The policy~~	6554
~~shall become operative at the expiration of any collective~~	6555
~~bargaining agreement covering teachers employed by the board that~~	6556
~~is in effect on the effective date of this section and shall be~~	6557
~~included in any renewal or extension of such an agreement.~~	6558

(B) When using measures of student academic growth as a	6559
component of a teacher's evaluation, those measures shall include	6560
the value-added progress dimension prescribed by section 3302.021	6561
of the Revised Code. For teachers of grade levels and subjects for	6562
which the value-added progress dimension is not applicable, the	6563
board shall administer assessments on the list developed under	6564
division (B)(2) of section 3319.112 of the Revised Code.	6565

(C)(1) The board shall conduct an evaluation of each teacher	6566
employed by the board at least once each school year, except as	6567
provided in divisions (C)(2) and (3) of this section. The	6568
evaluation shall be completed by the first day of April and the	6569
teacher shall receive a written report of the results of the	6570
evaluation by the tenth day of April.	6571

(2) If the board has entered into a limited contract or	6572
extended limited contract with the teacher pursuant to section	6573
3319.11 of the Revised Code, the board shall evaluate the teacher	6574
at least twice in any school year in which the board may wish to	6575
declare its intention not to re-employ the teacher pursuant to	6576
division (B), (C)(3), (D), or (E) of that section. One evaluation	6577
shall be conducted and completed not later than the fifteenth day	6578
of January and the teacher being evaluated shall receive a written	6579
report of the results of this evaluation not later than the	6580
twenty-fifth day of January. One evaluation shall be conducted and	6581
completed between the tenth day of February and the first day of	6582
April and the teacher being evaluated shall receive a written	6583
report of the results of this evaluation not later than the tenth	6584
day of April.	6585

(3) The board may elect, by adoption of a resolution, to	6586
evaluate each teacher who received a rating of accomplished on the	6587
teacher's most recent evaluation conducted under this section once	6588
every two school years. In that case, the biennial evaluation	6589
shall be completed by the first day of April of the applicable	6590
school year, and the teacher shall receive a written report of the	6591
results of the evaluation by the tenth day of April of that school	6592
year.	6593

(D) Each evaluation conducted pursuant to this section shall	6594
be conducted by one or more of the following persons who hold a	6595
credential established by the department of education for being an	6596
evaluator:	6597

(1) A person who is under contract with the board pursuant to	6598
section 3319.01 or 3319.02 of the Revised Code and holds a license	6599
designated for being a superintendent, assistant superintendent,	6600
or principal issued under section 3319.22 of the Revised Code;	6601

(2) A person who is under contract with the board pursuant to	6602
section 3319.02 of the Revised Code and holds a license designated	6603
for being a vocational director or a supervisor in any educational	6604
area issued under section 3319.22 of the Revised Code;	6605

(3) A person designated to conduct evaluations under an	6606
agreement ~~providing for peer review~~ entered into by the board,	6607
including an agreement providing for peer review entered into by	6608
the board and representatives of teachers employed by the board;	6609

(4) A person who is employed by an entity contracted by the	6610
board to conduct evaluations and who holds a license designated	6611
for being a superintendent, assistant superintendent, principal,	6612
vocational director, or supervisor in any educational area issued	6613
under section 3319.22 of the Revised Code.	6614

(E) Notwithstanding division (A)(3) of section 3319.112 of	6615
the Revised Code, the board may elect, by adoption of a	6616
resolution, to require only one formal observation of a teacher	6617
who received a rating of accomplished on the teacher's most recent	6618
evaluation conducted under this section, provided the teacher	6619
completes a project that has been approved by the board to	6620
demonstrate the teacher's continued growth and practice at the	6621
accomplished level.	6622

(F) The board shall include in its evaluation policy	6623
procedures for using the evaluation results for retention and	6624
promotion decisions and for removal of poorly performing teachers.	6625
Seniority shall not be the basis for a decision to retain a	6626
teacher, except when making a decision between teachers who have	6627
comparable evaluations.	6628

~~(F) This section does not apply to superintendents and~~	6629
~~administrators subject to evaluation procedures under sections~~	6630
~~3319.01 and 3319.02 of the Revised Code or to any teacher employed~~	6631
~~as a substitute for less than one hundred twenty days during a~~	6632
~~school year pursuant to section 3319.10 of the Revised Code.~~	6633

(G)(1) When a teacher receives a rating of ineffective on an	6634
evaluation conducted under this section for the first time, the	6635
board shall develop a professional improvement plan for the	6636
teacher that is targeted to the deficiencies identified in the	6637
evaluation.	6638

(2) If the teacher receives a rating of ineffective on the	6639
teacher's next evaluation after development of the professional	6640
improvement plan under division (G)(1) of this section, the board	6641
shall require the teacher, at the teacher's expense, to complete	6642
at least twelve hours of in-service professional development prior	6643
to the teacher's next evaluation required by this section. The	6644
professional development shall be targeted to the deficiencies	6645
identified in the evaluation and shall be approved by the	6646
teacher's principal or supervisor prior to its commencement. The	6647
professional development shall be in addition to any other	6648
professional development required by the board or required as a	6649
condition of licensure under this chapter. The board also may	6650
require the teacher, at the board's expense, to take one or more	6651
written examinations of content knowledge selected by the	6652
department as appropriate to determine expertise to teach the	6653
subject area and grade level to which the teacher is assigned.	6654

(3) The receipt by a teacher of a rating of ineffective on	6655
the teacher's next evaluation after completion of the professional	6656
development required by division (G)(2) of this section, the	6657
failure of a teacher to complete the professional development as	6658
required, or the failure of a teacher required to take an	6659
examination of content knowledge under that division to complete	6660
or pass that examination shall be grounds for termination of the	6661
teacher under section 3319.16 of the Revised Code.	6662

(H) For purposes of section 3333.0411 of the Revised Code,	6663
the board annually shall report to the department of education the	6664
number of teachers for whom an evaluation was conducted under this	6665
section and the number of teachers assigned each rating prescribed	6666
under division (B)(1) of section 3319.112 of the Revised Code,	6667
aggregated by the teacher preparation programs from which and the	6668
years in which the teachers graduated. The state board of	6669
education shall establish guidelines under section 3301.0714 of	6670
the Revised Code for reporting the information required by this	6671
division. The guidelines shall not permit or require that the name	6672
of, or any other personally identifiable information about, any	6673
teacher be reported under this division.	6674

(I) Notwithstanding any provision to the contrary in Chapter	6675
4117. of the Revised Code, the requirements of this section	6676
prevail over any conflicting provisions of a collective bargaining	6677
agreement entered into on or after September 29, 2011.	6678

Sec. 3319.112. (A) Not later than December 31, 2011, the	6679
state board of education shall develop a standards-based state	6680
framework for the evaluation of teachers. The state board may	6681
update the framework periodically. The framework shall establish	6682
an evaluation system that does the following:	6683

(1) Provides for multiple evaluation factors, including	6684
student academic growth which shall account for fifty per cent of	6685
each evaluation;. In calculating student academic growth for an	6686
evaluation, a student shall not be included if the student has	6687
sixty or more absences for the school year, whether excused or	6688
unexcused; or is an habitual truant, as defined in section	6689
2151.011 of the Revised Code.	6690

(2) Is aligned with the standards for teachers adopted under	6691
section 3319.61 of the Revised Code;	6692

(3) Requires observation of the teacher being evaluated,	6693
including at least two formal observations by the evaluator of at	6694
least thirty minutes each and classroom walkthroughs;	6695

(4) Assigns a rating on each evaluation in accordance with	6696
division (B) of this section;	6697

(5) Requires each teacher to be provided with a written	6698
report of the results of the teacher's evaluation;	6699

(6) Identifies measures of student academic growth for grade	6700
levels and subjects for which the value-added progress dimension	6701
prescribed by section 3302.021 of the Revised Code does not apply;	6702

(7) Implements a classroom-level, value-added program	6703
developed by a nonprofit organization described in division (B) of	6704
section 3302.021 of the Revised Code;	6705

(8) Provides for professional development to accelerate and	6706
continue teacher growth and provide support to poorly performing	6707
teachers;	6708

(9) Provides for the allocation of financial resources to	6709
support professional development.	6710

(B) For purposes of the framework developed under this	6711
section, the state board also shall do the following:	6712

(1) Develop specific standards and criteria that distinguish	6713
between the following levels of performance for teachers and	6714
principals for the purpose of assigning ratings on the evaluations	6715
conducted under sections 3319.02 and 3319.111 of the Revised Code:	6716

(a) Accomplished;

6717

(b) Proficient;

6718

6719

(d) Ineffective.

6720

(2) For grade levels and subjects for which the assessments	6721
prescribed under sections 3301.0710 and 3301.0712 of the Revised	6722
Code and the value-added progress dimension prescribed by section	6723
3302.021 of the Revised Code do not apply, develop a list of	6724
student assessments that measure mastery of the course content for	6725
the appropriate grade level, which may include nationally normed	6726
standardized assessments, industry certification examinations, or	6727
end-of-course examinations.	6728

(C) The state board shall consult with experts, teachers and	6729
principals employed in public schools, and representatives of	6730
stakeholder groups in developing the standards and criteria	6731
required by division (B)(1) of this section.	6732

(D) To assist school districts in developing evaluation	6733
policies under sections 3319.02 and 3319.111 of the Revised Code,	6734
the department shall do both of the following:	6735

(1) Serve as a clearinghouse of promising evaluation	6736
procedures and evaluation models that districts may use;	6737

(2) Provide technical assistance to districts in creating	6738
evaluation policies.	6739

(E) Not later than June 30, 2013, the state board, in	6740
consultation with state agencies that employ teachers, shall	6741
develop a standards-based framework for the evaluation of teachers	6742
employed by those agencies. Each state agency that employs	6743
teachers shall adopt a standards-based teacher evaluation policy	6744
that conforms with the framework developed under this division.	6745
The policy shall become operative at the expiration of any	6746
collective bargaining agreement covering teachers employed by the	6747
agency that is in effect on the effective date of this amendment	6748
and shall be included in any renewal or extension of such an	6749
agreement.	6750

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	6751
"guardian," or "other person having charge or care of a child"	6752
means either parent unless the parents are separated or divorced	6753
or their marriage has been dissolved or annulled, in which case	6754
"parent" means the parent who is the residential parent and legal	6755
custodian of the child. If the child is in the legal or permanent	6756
custody of a person or government agency, "parent" means that	6757
person or government agency. When a child is a resident of a home,	6758
as defined in section 3313.64 of the Revised Code, and the child's	6759
parent is not a resident of this state, "parent," "guardian," or	6760
"other person having charge or care of a child" means the head of	6761
the home.	6762

A child between six and eighteen years of age is "of	6763
compulsory school age" for the purpose of sections 3321.01 to	6764
3321.13 of the Revised Code. A child under six years of age who	6765
has been enrolled in kindergarten also shall be considered "of	6766
compulsory school age" for the purpose of sections 3321.01 to	6767
3321.13 of the Revised Code unless at any time the child's parent	6768
or guardian, at the parent's or guardian's discretion and in	6769
consultation with the child's teacher and principal, formally	6770
withdraws the child from kindergarten. The compulsory school age	6771
of a child shall not commence until the beginning of the term of	6772
such schools, or other time in the school year fixed by the rules	6773
of the board of the district in which the child resides.	6774

(2) No child shall be admitted to a kindergarten or a first	6775
grade of a public school in a district in which all children are	6776
admitted to kindergarten and the first grade in August or	6777
September unless the child is five or six years of age,	6778
respectively, by the thirtieth day of September of the year of	6779
admittance, or by the first day of a term or semester other than	6780
one beginning in August or September in school districts granting	6781
admittance at the beginning of such term or semester, except that	6782
in those school districts using or obtaining educationally	6783
accepted standardized testing programs for determining entrance,	6784
as approved by the board of education of such districts, the board	6785
shall admit a child to kindergarten or the first grade who fails	6786
to meet the age requirement, provided the child meets necessary	6787
standards as determined by such standardized testing programs. If	6788
the board of education has not established a standardized testing	6789
program, the board shall designate the necessary standards and a	6790
testing program it will accept for the purpose of admitting a	6791
child to kindergarten or first grade who fails to meet the age	6792
requirement. Each child who will be the proper age for entrance to	6793
kindergarten or first grade by the first day of January of the	6794
school year for which admission is requested shall be so tested	6795
upon the request of the child's parent.	6796

(3) Notwithstanding divisions (A)(2) and (D) of this section,	6797
beginning with the school year that starts in 2001 and continuing	6798
thereafter the board of education of any district may adopt a	6799
resolution establishing the first day of August in lieu of the	6800
thirtieth day of September as the required date by which students	6801
must have attained the age specified in those divisions.	6802

(4) After a student has been admitted to kindergarten in a	6803
school district or chartered nonpublic school, no board of	6804
education of a school district to which the student transfers	6805
shall deny that student admission based on the student's age.	6806

(B) As used in divisions (C) and (D) of this section,	6807
"successfully completed kindergarten" and "successful completion	6808
of kindergarten" mean that the child has completed the	6809
kindergarten requirements at one of the following:	6810

(1) A public or chartered nonpublic school;

6811

(2) A kindergarten class that is both of the following:

6812

(a) Offered by a day-care provider licensed under Chapter	6813
5104. of the Revised Code;	6814

(b) If offered after July 1, 1991, is directly taught by a	6815
teacher who holds one of the following:	6816

(i) A valid educator license issued under section 3319.22 of	6817
the Revised Code;	6818

(ii) A Montessori preprimary credential or age-appropriate	6819
diploma granted by the American Montessori society or the	6820
association Montessori internationale;	6821

(iii) Certification determined under division (G) of this	6822
section to be equivalent to that described in division	6823
(B)(2)(b)(ii) of this section;	6824

(iv) Certification for teachers in nontax-supported schools	6825
pursuant to section 3301.071 of the Revised Code.	6826

(C) Except as provided in division (D) of this section, no	6827
school district shall admit to the first grade any child who has	6828
not successfully completed kindergarten.	6829

(D) Upon request of a parent, the requirement of division (C)	6830
of this section may be waived by the district's pupil personnel	6831
services committee in the case of a child who is at least six	6832
years of age by the thirtieth day of September of the year of	6833
admittance and who demonstrates to the satisfaction of the	6834
committee the possession of the social, emotional, and cognitive	6835
skills necessary for first grade.	6836

The board of education of each city, local, and exempted	6837
village school district shall establish a pupil personnel services	6838
committee. The committee shall be composed of all of the following	6839
to the extent such personnel are either employed by the district	6840
or employed by the governing board of the educational service	6841
center within whose territory the district is located and the	6842
educational service center generally furnishes the services of	6843
such personnel to the district:	6844

(1) The director of pupil personnel services;

6845

(2) An elementary school counselor;

6846

(3) An elementary school principal;

6847

(4) A school psychologist;

6848

(5) A teacher assigned to teach first grade;

6849

(6) A gifted coordinator.

6850

The responsibilities of the pupil personnel services	6851
committee shall be limited to the issuing of waivers allowing	6852
admittance to the first grade without the successful completion of	6853
kindergarten. The committee shall have no other authority except	6854
as specified in this section.	6855

(E) The scheduling of times for kindergarten classes and	6856
length of the school day for kindergarten shall be determined by	6857
the board of education of a city, exempted village, or local	6858
school district.	6859

(F) Any kindergarten class offered by a day-care provider or	6860
school described by division (B)(1) or (B)(2)(a) of this section	6861
shall be developmentally appropriate.	6862

(G) Upon written request of a day-care provider described by	6863
division (B)(2)(a) of this section, the department of education	6864
shall determine whether certification held by a teacher employed	6865
by the provider meets the requirement of division (B)(2)(b)(iii)	6866
of this section and, if so, shall furnish the provider a statement	6867
to that effect.	6868

(H) As used in this division, "all-day kindergarten" has the	6869
same meaning as in section 3321.05 of the Revised Code.	6870

(1) Any school district that did not receive for fiscal year	6871
2009 poverty-based assistance for all-day kindergarten under	6872
division (D) of section 3317.029 of the Revised Code may charge	6873
fees or tuition for students enrolled in all-day kindergarten. If	6874
a district charges fees or tuition for all-day kindergarten under	6875
this division, the district shall develop a sliding fee scale	6876
based on family incomes.	6877

(2) The department of education shall conduct an annual	6878
survey of each school district described in division (H)(1) of	6879
this section to determine the following:	6880

(a) Whether the district charges fees or tuition for students	6881
enrolled in all-day kindergarten;	6882

(b) The amount of the fees or tuition charged;

6883

(c) How many of the students for whom tuition is charged are	6884
eligible for free lunches under the "National School Lunch Act,"	6885
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	6886
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	6887
and how many of the students for whom tuition is charged are	6888
eligible for reduced price lunches under those acts;	6889

(d) How many students are enrolled in traditional half-day	6890
kindergarten rather than all-day kindergarten.	6891

Each district shall report to the department, in the manner	6892
prescribed by the department, the information described in	6893
divisions (H)(2)(a) to (d) of this section.	6894

The department shall issue an annual report on the results of	6895
the survey and shall post the report on its web site. The	6896
department shall issue the first report not later than April 30,	6897
2008, and shall issue a report not later than the thirtieth day of	6898
April each year thereafter.	6899

Sec. 3323.011. As used in this chapter, "individualized	6900
education program" or "IEP" means a written statement for each	6901
child with a disability that is developed, reviewed, and revised	6902
in accordance with this definition and that includes:	6903

(A) A statement of the child's present levels of academic	6904
achievement and functional performance, including:	6905

(1) How the child's disability affects the child's	6906
involvement and progress in the general education curriculum;	6907

(2) For a preschool child with a disability, as appropriate,	6908
how the disability affects the child's participation in	6909
appropriate activities;	6910

(3) For a child with a disability who is not a preschool	6911
child and who will take alternate assessments aligned to alternate	6912
achievement standards, a description of benchmarks or short-term	6913
objectives.	6914

(B) A statement of measurable annual goals, including	6915
academic and functional goals and, at the discretion of the	6916
department of education, short-term instructional objectives that	6917
are designed to:	6918

(1) Meet the child's needs that result from the child's	6919
disability so as to enable the child to be involved in and make	6920
progress in the general education curriculum;	6921

(2) Meet each of the child's other educational needs that	6922
result from the child's disability.	6923

(C) A description of how the child's progress toward meeting	6924
the annual goals described pursuant to division (B) of this	6925
section will be measured and when periodic reports on the progress	6926
the child is making toward meeting the annual goals will be	6927
provided. Such reports may be quarterly or other periodic reports	6928
that are issued concurrent with the issuance of regular report	6929
cards.	6930

(D) A statement of the special education and related services	6931
and supplementary aids and services, based on peer-reviewed	6932
research to the extent practicable, to be provided to the child,	6933
or on behalf of the child, and a statement of the program	6934
modifications or supports for school personnel that will be	6935
provided for the child so that the child may:	6936

(1) Advance appropriately toward attaining the annual goals	6937
described pursuant to division (B) of this section;	6938

(2) Be involved in and make progress in the general education	6939
curriculum and participate in extracurricular and other	6940
nonacademic activities;	6941

(3) Be educated with and participate with both other children	6942
with disabilities and nondisabled children in the specific	6943
activities described pursuant to division (D) of this section.	6944

(E) An explanation of the extent, if any, to which the child	6945
will not participate with nondisabled children in the regular	6946
class, including an early childhood education setting, and in the	6947
activities described pursuant to division (D) of this section;	6948

(F) A statement of any individual appropriate accommodations	6949
that are necessary to measure the academic achievement and	6950
functional performance of the child on state and districtwide	6951
assessments consistent with section 612(a)(16) of the "Individuals	6952
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	6953
1412(a)(16). If the IEP team determines that the child shall take	6954
an alternate assessment on a particular state or districtwide	6955
assessment of student achievement, the IEP shall contain a	6956
statement of why the child cannot participate in the regular	6957
assessment and why the particular alternate assessment selected is	6958
appropriate for the child.	6959

(G) The projected date for the beginning of the services and	6960
modifications described pursuant to division (D) of this section	6961
and the anticipated frequency, location, and duration of those	6962
services and modifications;	6963

(H) Beginning not later than the first IEP to be in effect	6964
when the child is ~~sixteen~~fourteen years of age, and updated	6965
annually thereafter, a statement describing:	6966

(1) Appropriate measurable post-secondary goals based upon	6967
age-appropriate transition assessments related to training,	6968
education, ~~employment,~~ and independent living skills;	6969

(2) Appropriate measurable post-secondary goals based on	6970
age-appropriate transition assessments related to employment in a	6971
competitive environment in which workers are integrated regardless	6972
of disability;	6973

(3) The transition services, including courses of study,	6974
needed to assist the child in reaching the goals described in	6975
~~division~~divisions (H)(1) and (2) of this section.	6976

(I) Beginning not later than one year before the child	6977
reaches eighteen years of age, a statement that the child has been	6978
informed of the child's rights under Title XX of the United States	6979
Code that will transfer to the child on reaching eighteen years of	6980
age in accordance with section 615(m) of the "Individuals with	6981
Disabilities Education Improvement Act of 2004," 20 U.S.C.	6982
1415(m).	6983

Nothing in this section shall be construed to require that	6984
additional information be included in a child's IEP beyond the	6985
items explicitly required by this section and that the IEP team	6986
include information under one component of a child's IEP that is	6987
already contained under another component of the IEP.	6988

Sec. 3323.052. (A) Not later than ~~sixty days after the~~	6989
~~effective date of this section~~November 28, 2011, the department	6990
of education shall develop a document that compares a parent's and	6991
child's rights under this chapter and 20 U.S.C. 1400 et seq. with	6992
the parent's and child's rights under the Jon Peterson special	6993
needs scholarship program, established in sections 3310.51 to	6994
3310.64 of the Revised Code, including the deadline for	6995
application for a scholarship or renewal of a scholarship and	6996
notice of that application to the child's school district,	6997
prescribed in division (C) of section 3310.52 of the Revised Code,	6998
and the provisions of divisions (A) and (B) of section 3310.53 of	6999
the Revised Code. The department shall revise that document as	7000
necessary to reflect any pertinent changes in state or federal	7001
statutory law, rule, or regulation enacted or adopted after the	7002
initial document is developed. ~~The~~	7003

(B) The department and each school district shall ensure that	7004
the document prescribed in division (A) of this section is	7005
included in, appended to, or otherwise distributed in conjunction	7006
with the notice required under 20 U.S.C. 1415(d), and any	7007
provision of the Code of Federal Regulations implementing that	7008
requirement, in the manner and at all the times specified for such	7009
notice in federal law or regulation. As	7010

(C) In addition to the requirement prescribed by division (B)	7011
of this section, each time a child's school district completes an	7012
evaluation for a child with a disability or undertakes the	7013
development, review, or revision of the child's IEP, the district	7014
shall notify the child's parent, by letter or electronic means,	7015
about both the autism scholarship program, under section 3310.41	7016
of the Revised Code, and the Jon Peterson special needs	7017
scholarship program, under sections 3310.51 to 3310.64 of the	7018
Revised Code. The notice shall include the following statement:	7019

"Your child may be eligible for a scholarship under the	7020
Autism Scholarship Program or the Jon Peterson Special Needs	7021
Scholarship Program to attend a special education program that	7022
implements the child's individualized education program and that	7023
is operated by an alternative public provider or by a registered	7024
private provider."	7025

The notice shall include the telephone number of the office	7026
of the department responsible for administering the scholarship	7027
programs and the specific location of scholarship information on	7028
the department's web site.	7029

(D) As used in this section, a "child's school district"	7030
means the school district in which the child is entitled to attend	7031
school under section 3313.64 or 3313.65 of the Revised Code.	7032

Sec. 3326.03. (A) The STEM committee shall authorize the	7033
establishment of and award grants to science, technology,	7034
engineering, and mathematics schools based on proposals submitted	7035
to the committee.	7036

The committee shall determine the criteria for proposals,	7037
establish procedures for the submission of proposals, accept and	7038
evaluate proposals, and choose which proposals to approve to	7039
become a STEM school. In approving proposals for STEM schools, the	7040
committee shall consider locating the schools in diverse	7041
geographic regions of the state so that all students have access	7042
to a STEM school.	7043

The committee may authorize the establishment of a group of	7044
multiple STEM schools to operate from multiple facilities located	7045
in one or more school districts under the direction of a single	7046
governing body in the manner prescribed by section 3326.031 of the	7047
Revised Code. The committee shall consider the merits of each of	7048
the proposed STEM schools within a group and shall authorize each	7049
school separately. Anytime after authorizing a group of STEM	7050
schools to be under the direction of a single governing body, upon	7051
a proposal from the governing body, the committee may authorize	7052
one or more additional schools to operate as part of that group.	7053

(B) Proposals may be submitted only by a partnership of	7054
public and private entities consisting of at least all of the	7055
following:	7056

(1) A city, exempted village, local, or joint vocational	7057
school district;	7058

(2) Higher education entities;

7059

(3) Business organizations.

7060

7061

(1) Assurances that the STEM school or group of STEM schools	7062
will be under the oversight of a governing body and a description	7063
of the members of that governing body and how they will be	7064
selected;	7065

(2) Assurances that ~~the~~each STEM school will operate in	7066
compliance with this chapter and the provisions of the proposal as	7067
accepted by the committee;	7068

(3) Evidence that ~~the~~each school will offer a rigorous,	7069
diverse, integrated, and project-based curriculum to students in	7070
any of grades six through twelve, with the goal to prepare those	7071
students for college, the workforce, and citizenship, and that	7072
does all of the following:	7073

(a) Emphasizes the role of science, technology, engineering,	7074
and mathematics in promoting innovation and economic progress;	7075

(b) Incorporates scientific inquiry and technological design;

7076

7077

(d) Emphasizes personalized learning and teamwork skills.

7078

(4) Evidence that ~~the~~each school will attract school leaders	7079
who support the curriculum principles of division (C)(3) of this	7080
section;	7081

(5) A description of how ~~the~~each school's curriculum will be	7082
developed and approved in accordance with section 3326.09 of the	7083
Revised Code;	7084

(6) Evidence that ~~the~~each school will utilize an established	7085
capacity to capture and share knowledge for best practices and	7086
innovative professional development;	7087

(7) Evidence that ~~the~~each school will operate in	7088
collaboration with a partnership that includes institutions of	7089
higher education and businesses;	7090

(8) Assurances that ~~the~~each school has received commitments	7091
of sustained and verifiable fiscal and in-kind support from	7092
regional education and business entities;	7093

(9) A description of how ~~the~~each school's assets will be	7094
distributed if the school closes for any reason.	7095

Sec. 3326.031. (A) As authorized by the STEM committee, a	7096
single governing body may direct a group of multiple STEM schools	7097
to operate from multiple facilities located in one or more school	7098
districts to be organized and operated in the manner prescribed	7099
under this chapter except as specified by this section. Each	7100
school within the group shall operate as a separate school but	7101
under the direction of a common governing body. The governing body	7102
may employ a single treasurer, licensed in the manner prescribed	7103
by section 3326.21 of the Revised Code, to manage the fiscal	7104
affairs of all of the schools within the group. Each school shall	7105
have a chief administrative officer, as required by section	7106
3326.08 of the Revised Code, but the governing body may in its	7107
discretion appoint a single individual to be the chief	7108
administrative officer of two or more schools in the group. No	7109
school within the group shall be organized or funded in the manner	7110
prescribed by section 3326.51 of the Revised Code.	7111

(B) The department shall calculate funds under this chapter	7112
for each STEM school within a group separately and shall pay those	7113
funds directly to each school.	7114

(C) In accordance with section 3326.17 of the Revised Code,	7115
the department shall issue a separate report card for each STEM	7116
school within a group. The department also shall compute a rating	7117
for each group of schools and report that rating in a distinct	7118
report card for the group.	7119

Sec. 3326.11. Each science, technology, engineering, and	7120
mathematics school established under this chapter and its	7121
governing body shall comply with sections 9.90, 9.91, 109.65,	7122
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	7123
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	7124
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	7125
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	7126
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	7127
3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	7128
3313.67, 3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	7129
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	7130
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	7131
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	7132
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	7133
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	7134
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	7135
4123., 4141., and 4167. of the Revised Code as if it were a school	7136
district.	7137

Sec. 3326.17. (A) The department of education shall issue an	7138
annual report card for each science, technology, engineering, and	7139
mathematics school that includes all information applicable to	7140
school buildings under section 3302.03 of the Revised Code.	7141

(B) For each student enrolled in a STEM school, the	7142
department shall combine data regarding the academic performance	7143
of that student with comparable data from the school district in	7144
which the student is entitled to attend school pursuant to section	7145
3313.64 or 3313.65 of the Revised Code for the purpose of	7146
calculating the performance of the district as a whole on the	7147
report card issued for the district under section 3302.03 of the	7148
Revised Code.	7149

(C) The department also shall compute a rating for each group	7150
of STEM schools that is under the direction of the same governing	7151
body, as authorized under section 3326.033 of the Revised Code,	7152
and issue a distinct report card for the group as a whole.	7153

(D) Each STEM school and its governing body shall comply with	7154
sections 3302.04 and 3302.041 of the Revised Code, except that any	7155
action required to be taken by a school district pursuant to those	7156
sections shall be taken by the school. However, the school shall	7157
not be required to take any action described in division (F) of	7158
section 3302.04 of the Revised Code.	7159

Sec. 3326.21. (A) ~~Each~~Except as provided by section 3326.031	7160
of the Revised Code, each science, technology, engineering, and	7161
mathematics school shall have a treasurer who is licensed under	7162
section 3301.074 of the Revised Code. The governing body of the	7163
school and the treasurer shall comply with sections 3301.072,	7164
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	7165
the same manner as a school district board of education and a	7166
district treasurer.	7167

(B) Financial records of each STEM school shall be maintained	7168
in the same manner as are financial records of school districts,	7169
pursuant to rules of the auditor of state.	7170

Sec. 3326.26. The governing body of a science, technology,	7171
engineering, and mathematics school may screen students in ninth	7172
grade for body mass index and weight status category. If a	7173
governing body elects to require the screenings, it shall comply	7174
with section 3313.674 of the Revised Code in the same manner	7175
required of a school district board of education.	7176

Sec. 3328.15. (A) Each college-preparatory boarding school	7177
established under this chapter shall be governed by a board of	7178
trustees consisting of up to twenty-five members. Five of those	7179
members shall be appointed by the governor, with the advice and	7180
consent of the senate. The governor's appointments may be based on	7181
nonbinding recommendations made by the superintendent of public	7182
instruction. Of the remaining members, initial members shall be	7183
appointed by the school's operator and future members shall be	7184
appointed pursuant to the bylaws adopted under section 3328.13 of	7185
the Revised Code. The governor, operator, or any other person or	7186
entity who appoints a member of the board of trustees under this	7187
section or the bylaws adopted under section 3328.13 of the Revised	7188
Code may remove that member from the board at any time.	7189

(B) The terms of office of the initial members shall be as	7190
follows:	7191

(1) Two members appointed by the governor shall serve for an	7192
initial term of three years.	7193

(2) Two members appointed by the governor shall serve for an	7194
initial term of two years.	7195

(3) One member appointed by the governor shall serve for an	7196
initial term of one year.	7197

(4) One-third of the members appointed by the operator,	7198
rounded down to the nearest whole number, shall serve for an	7199
initial term of three years.	7200

(5) One-third of the members appointed by the operator,	7201
rounded down to the nearest whole number, shall serve for an	7202
initial term of two years.	7203

(6) One-third of the members appointed by the operator,	7204
rounded down to the nearest whole number, shall serve for an	7205
initial term of one year.	7206

(7) Any remaining members appointed by the operator shall	7207
serve for an initial term of one year.	7208

Thereafter the terms of office of all members shall be for	7209
three years.	7210

The beginning date and ending date of terms of office shall	7211
be as prescribed by the school's operator, unless modified in the	7212
bylaws adopted under section 3328.13 of the Revised Code.	7213

(C) Vacancies on the board shall be filled in the same manner	7214
as the initial appointments. A member appointed to an unexpired	7215
term shall serve for the remainder of that term and may be	7216
reappointed subject to division (D) of this section.	7217

(D) No member may serve for more than three consecutive	7218
three-year terms.	7219

(E) The officers of the board shall be selected by and from	7220
among the members of the board.	7221

(F) Compensation for the members of the board, if any, shall	7222
be as prescribed in the bylaws adopted under section 3328.13 of	7223
the Revised Code.	7224

Sec. 3328.24. A college-preparatory boarding school	7225
established under this chapter~~, its operator,~~ and its board of	7226
trustees shall comply with sections 102.02, 3301.0710, 3301.0711,	7227
3301.0712, 3301.0714, 3313.6411, 3319.39, and 3319.391 of the	7228
Revised Code as if the school were a school district and the	7229
school's board of trustees were a district board of education.	7230

Sec. 3333.0411. Not later than December 31, 2012, and	7231
annually thereafter, the chancellor of the Ohio board of regents	7232
shall report aggregate academic growth data for students assigned	7233
to graduates of teacher preparation programs approved under	7234
section 3333.048 of the Revised Code who teach English language	7235
arts or mathematics in any of grades four to eight in a public	7236
school in Ohio. For this purpose, the chancellor shall use the	7237
value-added progress dimension prescribed by section 3302.021 of	7238
the Revised Code. The chancellor shall aggregate the data by	7239
graduating class for each approved teacher preparation program,	7240
except that if a particular class has ten or fewer graduates to	7241
which this section applies, the chancellor shall report the data	7242
for a group of classes over a three-year period. In	7243

Not later than December 31, 2014, and annually thereafter,	7244
the chancellor of the Ohio board of regents shall report for each	7245
approved teacher preparation program, the number and percentage of	7246
all graduates of the program who were rated at each of the	7247
performance levels prescribed by division (B)(1) of section	7248
3319.112 of the Revised Code on an evaluation conducted in	7249
accordance with section 3319.111 of the Revised Code in the	7250
previous school year.	7251

In no case shall the ~~report~~reports identify any individual	7252
graduate. The department of education shall share any data	7253
necessary for the report with the chancellor.	7254

Sec. 4123.391. (A) For purposes of this section, "learn to	7255
earn program" means any program established by the department of	7256
job and family services that is designed to increase an	7257
individual's opportunity to move to permanent employment through a	7258
short-term work experience placement with an eligible employer.	7259

(B) A participant in a learn to earn program is entitled to	7260
compensation and benefits under this chapter as provided in this	7261
section.	7262

(C)(1) A learn to earn program participant who suffers an	7263
injury or contracts an occupational disease that produces a	7264
disability arising out of and in the course of participation in	7265
the learn to earn program, and who remains otherwise eligible for	7266
unemployment compensation benefits pursuant to Chapter 4141. of	7267
the Revised Code, shall receive unemployment compensation benefits	7268
while otherwise eligible for those benefits.	7269

(2) If a disability arising out of and in the course of	7270
participation in a learn to earn program causes a participant to	7271
become ineligible for unemployment compensation benefits or unable	7272
to work after the expiration of the participant's eligibility for	7273
unemployment compensation benefits, the participant shall receive	7274
compensation and benefits under this chapter.	7275

(D) For purposes of this section, a participant in a learn to	7276
earn program is an employee of the department, and not an employee	7277
of the entity conducting the training.	7278

(E)(1) A learn to earn participant is considered to have	7279
accepted the terms and conditions of this chapter and to have	7280
waived on behalf of the participant or the participant's personal	7281
or legal representatives all rights of action on account of the	7282
participant's injury or occupational disease arising out of and in	7283
the course of participation in the program whether at common law,	7284
by statute, or under the laws of any other state against the	7285
entity conducting the training, the department, or any learn to	7286
earn program established by the department.	7287

(2) The dependents of a participant shall have no direct	7288
cause of action to recover for damages on account of the	7289
participant's personal injury or death against any person	7290
identified in division (E)(1) of this section, whether at common	7291
law, by statute, or under the laws of any other state.	7292

(3) Notwithstanding division (E)(1) of this section, a	7293
participant does not waive on behalf of the participant or the	7294
participant's personal or legal representatives, any cause of	7295
action for intentional torts against any officer, director, agent,	7296
or employee acting on behalf of the entities listed in division	7297
(E)(1) of this section.	7298

(F) Notwithstanding sections 4123.39 and 4123.40 of the	7299
Revised Code, the department may insure the compensation and	7300
benefits provided under this chapter pursuant to this section. The	7301
department may include a learn to earn participant in its	7302
department workers' compensation coverage, or may establish a	7303
separate workers' compensation coverage policy with the bureau of	7304
workers' compensation upon the terms and conditions for insurance	7305
to be established by the bureau consistent with insurance	7306
principles, as is equitable in the view of degree and hazard.	7307

(G) Notwithstanding section 4123.82 of the Revised Code, the	7308
department may enter into a contract to indemnify the department	7309
against all or part of the department's loss as a result of	7310
liability of the department that is attributable to any claims for	7311
compensation or benefits under this chapter arising from	7312
participation in any learn to earn program.	7313

Sec. 4139.01. As used in ~~sections 4139.01 to 4139.06 of the~~	7314
~~Revised Code~~this chapter:	7315

(A) "Apprentice" means a person at least sixteen years of	7316
age, except when a higher minimum age standard is otherwise fixed	7317
by law, who is ~~covered by an~~in a registered apprenticeship	7318
program to learn a skilled occupation, pursuant to a registered	7319
apprenticeship agreement.	7320

(B) "Apprenticeship agreement" means a written agreement,	7321
registered with the ~~Ohio state~~ apprenticeship council, providing	7322
for not less than two thousand hours of reasonably continuous	7323
employment, and for participation in an approved schedule of work	7324
experience through employment, which shall be supplemented by a	7325
minimum of one hundred forty-four hours per year of related and	7326
supplemental instructions.	7327

(C) "Council office" means the unit of the department of job	7328
and family services that staffs the apprenticeship council and	7329
performs the administrative and oversight functions concerning	7330
this state's registered apprenticeship system.	7331

Sec. 4139.03. The apprenticeship council may ~~establish~~	7332
recommend minimum standards for apprenticeship programs and may	7333
formulate policies and ~~issue~~recommend rules as may be necessary	7334
to carry out the purpose of ~~sections 4139.01 to 4139.06 of the~~	7335
~~Revised Code~~this chapter. The council shall determine the date	7336
and place of its meetings and shall prescribe its own rules of	7337
procedure.	7338

Sec. 4139.04. The director of job and family services shall	7339
appoint the executive secretary of the ~~apprenticeship~~ council	7340
office, which appointment shall be subject to confirmation by a	7341
majority vote of the apprenticeship council. The director shall	7342
appoint such additional personnel as may be necessary, subject to	7343
Chapter 124. of the Revised Code.	7344

Sec. 4139.05. The executive secretary of the ~~apprenticeship~~	7345
council office has the following duties:	7346

(A) Encourage the voluntary participation of employers and	7347
employees in the furtherance of the objective of ~~sections 4139.01~~	7348
~~to 4139.06 of the Revised Code~~this chapter;	7349

(B) Register any apprenticeship programs and agreements that	7350
meet the minimum standards established by ~~the council~~federal	7351
regulations and state rules governing the registered	7352
apprenticeship system;	7353

(C) Terminate or cancel ~~on the authority of~~in consultation	7354
with the apprenticeship council any registered apprenticeship	7355
programs and agreements not in ~~accordance~~compliance with the	7356
provisions of such standards;	7357

(D) Keep a record of apprenticeship programs and their	7358
disposition;	7359

(E) ~~Issue certificate of completion of apprenticeship in~~	7360
~~accordance with the council's standards;~~	7361

~~(F)~~ Devise and implement all ~~necessary~~ procedures and ~~records~~	7362
minimum standards as are necessary for the administration of the	7363
registered apprenticeship system;	7364

(F) Implement administrative rules adopted by the director of	7365
job and family services as necessary for the administration of the	7366
registered apprenticeship system;	7367

(G) Prepare statistical reports regarding apprenticeship	7368
training;	7369

(H) Issue information related to apprenticeship;

7370

(I) Perform such other duties as ~~the council may direct~~	7371
appropriate under the applicable rules and regulations.	7372

Sec. 4141.29. Each eligible individual shall receive	7373
benefits as compensation for loss of remuneration due to	7374
involuntary total or partial unemployment in the amounts and	7375
subject to the conditions stipulated in this chapter.	7376

(A) No individual is entitled to a waiting period or benefits	7377
for any week unless the individual:	7378

(1) Has filed a valid application for determination of	7379
benefit rights in accordance with section 4141.28 of the Revised	7380
Code;	7381

(2) Has made a claim for benefits in accordance with section	7382
4141.28 of the Revised Code;	7383

(3) Has registered at an employment office or other	7384
registration place maintained or designated by the director of job	7385
and family services. Registration shall be made in accordance with	7386
the time limits, frequency, and manner prescribed by the director.	7387

(4)(a)(i) Is able to work and available for suitable work	7388
and, except as provided in division (A)(4)(a)(ii) of this section,	7389
is actively seeking suitable work either in a locality in which	7390
the individual has earned wages subject to this chapter during the	7391
individual's base period, or if the individual leaves that	7392
locality, then in a locality where suitable work normally is	7393
performed.	7394

(ii) The director may waive the requirement that a claimant	7395
be actively seeking work when the director finds that the	7396
individual has been laid off and the employer who laid the	7397
individual off has notified the director within ten days after the	7398
layoff, that work is expected to be available for the individual	7399
within a specified number of days not to exceed forty-five	7400
calendar days following the last day the individual worked. In the	7401
event the individual is not recalled within the specified period,	7402
this waiver shall cease to be operative with respect to that	7403
layoff.	7404

(b) The individual shall be instructed as to the efforts that	7405
the individual must make in the search for suitable work, except	7406
where the active search for work requirement has been waived under	7407
division (A)(4)(a) of this section, and shall keep a record of	7408
where and when the individual has sought work in complying with	7409
those instructions and, upon request, shall produce that record	7410
for examination by the director.	7411

(c) An individual who is attending a training course approved	7412
by the director meets the requirement of this division, if	7413
attendance was recommended by the director and the individual is	7414
regularly attending the course and is making satisfactory	7415
progress. An individual also meets the requirements of this	7416
division if the individual is participating and advancing in a	7417
training program, as defined in division (P) of section 5709.61 of	7418
the Revised Code, and if an enterprise, defined in division (B) of	7419
section 5709.61 of the Revised Code, is paying all or part of the	7420
cost of the individual's participation in the training program	7421
with the intention of hiring the individual for employment as a	7422
new employee, as defined in division (L) of section 5709.61 of the	7423
Revised Code, for at least ninety days after the individual's	7424
completion of the training program.	7425

(d) An individual who becomes unemployed while attending a	7426
regularly established school and whose base period qualifying	7427
weeks were earned in whole or in part while attending that school,	7428
meets the availability and active search for work requirements of	7429
division (A)(4)(a) of this section if the individual regularly	7430
attends the school during weeks with respect to which the	7431
individual claims unemployment benefits and makes self available	7432
on any shift of hours for suitable employment with the	7433
individual's most recent employer or any other employer in the	7434
individual's base period, or for any other suitable employment to	7435
which the individual is directed, under this chapter.	7436

(e) The director shall adopt any rules that the director	7437
deems necessary for the administration of division (A)(4) of this	7438
section.	7439

(f) Notwithstanding any other provisions of this section, no	7440
otherwise eligible individual shall be denied benefits for any	7441
week because the individual is in training approved under section	7442
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	7443
2296, nor shall that individual be denied benefits by reason of	7444
leaving work to enter such training, provided the work left is not	7445
suitable employment, or because of the application to any week in	7446
training of provisions in this chapter, or any applicable federal	7447
unemployment compensation law, relating to availability for work,	7448
active search for work, or refusal to accept work.	7449

For the purposes of division (A)(4)(f) of this section,	7450
"suitable employment" means with respect to an individual, work of	7451
a substantially equal or higher skill level than the individual's	7452
past adversely affected employment, as defined for the purposes of	7453
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	7454
wages for such work at not less than eighty per cent of the	7455
individual's average weekly wage as determined for the purposes of	7456
that federal act.	7457

(5) Is unable to obtain suitable work. An individual who is	7458
provided temporary work assignments by the individual's employer	7459
under agreed terms and conditions of employment, and who is	7460
required pursuant to those terms and conditions to inquire with	7461
the individual's employer for available work assignments upon the	7462
conclusion of each work assignment, is not considered unable to	7463
obtain suitable employment if suitable work assignments are	7464
available with the employer but the individual fails to contact	7465
the employer to inquire about work assignments.	7466

(6) Participates in reemployment services, such as job search	7467
assistance services, if the individual has been determined to be	7468
likely to exhaust benefits under this chapter, including	7469
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	7470
extended compensation, and needs reemployment services pursuant to	7471
the profiling system established by the director under division	7472
(K) of this section, unless the director determines that:	7473

(a) The individual has completed such services; or

7474

(b) There is justifiable cause for the claimant's failure to	7475
participate in such services.	7476

(B) An individual suffering total or partial unemployment is	7477
eligible for benefits for unemployment occurring subsequent to a	7478
waiting period of one week and no benefits shall be payable during	7479
this required waiting period. Not more than one week of waiting	7480
period shall be required of any individual in any benefit year in	7481
order to establish the individual's eligibility for total or	7482
partial unemployment benefits.	7483

(C) The waiting period for total or partial unemployment	7484
shall commence on the first day of the first week with respect to	7485
which the individual first files a claim for benefits at an	7486
employment office or other place of registration maintained or	7487
designated by the director or on the first day of the first week	7488
with respect to which the individual has otherwise filed a claim	7489
for benefits in accordance with the rules of the department of job	7490
and family services, provided such claim is allowed by the	7491
director.	7492

(D) Notwithstanding division (A) of this section, no	7493
individual may serve a waiting period or be paid benefits under	7494
the following conditions:	7495

(1) For any week with respect to which the director finds	7496
that:	7497

(a) The individual's unemployment was due to a labor dispute	7498
other than a lockout at any factory, establishment, or other	7499
premises located in this or any other state and owned or operated	7500
by the employer by which the individual is or was last employed;	7501
and for so long as the individual's unemployment is due to such	7502
labor dispute. No individual shall be disqualified under this	7503
provision if either of the following applies:	7504

(i) The individual's employment was with such employer at any	7505
factory, establishment, or premises located in this state, owned	7506
or operated by such employer, other than the factory,	7507
establishment, or premises at which the labor dispute exists, if	7508
it is shown that the individual is not financing, participating	7509
in, or directly interested in such labor dispute;	7510

(ii) The individual's employment was with an employer not	7511
involved in the labor dispute but whose place of business was	7512
located within the same premises as the employer engaged in the	7513
dispute, unless the individual's employer is a wholly owned	7514
subsidiary of the employer engaged in the dispute, or unless the	7515
individual actively participates in or voluntarily stops work	7516
because of such dispute. If it is established that the claimant	7517
was laid off for an indefinite period and not recalled to work	7518
prior to the dispute, or was separated by the employer prior to	7519
the dispute for reasons other than the labor dispute, or that the	7520
individual obtained a bona fide job with another employer while	7521
the dispute was still in progress, such labor dispute shall not	7522
render the employee ineligible for benefits.	7523

(b) The individual has been given a disciplinary layoff for	7524
misconduct in connection with the individual's work.	7525

(2) For the duration of the individual's unemployment if the	7526
director finds that:	7527

(a) The individual quit work without just cause or has been	7528
discharged for just cause in connection with the individual's	7529
work, provided division (D)(2) of this section does not apply to	7530
the separation of a person under any of the following	7531
circumstances:	7532

(i) Separation from employment for the purpose of entering	7533
the armed forces of the United States if the individual is	7534
inducted into the armed forces within one of the following	7535
periods:	7536

(I) Thirty days after separation;

7537

(II) One hundred eighty days after separation if the	7538
individual's date of induction is delayed solely at the discretion	7539
of the armed forces.	7540

(ii) Separation from employment pursuant to a	7541
labor-management contract or agreement, or pursuant to an	7542
established employer plan, program, or policy, which permits the	7543
employee, because of lack of work, to accept a separation from	7544
employment;	7545

(iii) The individual has left employment to accept a recall	7546
from a prior employer or, except as provided in division	7547
(D)(2)(a)(iv) of this section, to accept other employment as	7548
provided under section 4141.291 of the Revised Code, or left or	7549
was separated from employment that was concurrent employment at	7550
the time of the most recent separation or within six weeks prior	7551
to the most recent separation where the remuneration, hours, or	7552
other conditions of such concurrent employment were substantially	7553
less favorable than the individual's most recent employment and	7554
where such employment, if offered as new work, would be considered	7555
not suitable under the provisions of divisions (E) and (F) of this	7556
section. Any benefits that would otherwise be chargeable to the	7557
account of the employer from whom an individual has left	7558
employment or was separated from employment that was concurrent	7559
employment under conditions described in division (D)(2)(a)(iii)	7560
of this section, shall instead be charged to the mutualized	7561
account created by division (B) of section 4141.25 of the Revised	7562
Code, except that any benefits chargeable to the account of a	7563
reimbursing employer under division (D)(2)(a)(iii) of this section	7564
shall be charged to the account of the reimbursing employer and	7565
not to the mutualized account, except as provided in division	7566
(D)(2) of section 4141.24 of the Revised Code.	7567

(iv) When an individual has been issued a definite layoff	7568
date by the individual's employer and before the layoff date, the	7569
individual quits to accept other employment, the provisions of	7570
division (D)(2)(a)(iii) of this section apply and no	7571
disqualification shall be imposed under division (D) of this	7572
section. However, if the individual fails to meet the employment	7573
and earnings requirements of division (A)(2) of section 4141.291	7574
of the Revised Code, then the individual, pursuant to division	7575
(A)(5) of this section, shall be ineligible for benefits for any	7576
week of unemployment that occurs prior to the layoff date.	7577

(b) The individual has refused without good cause to accept	7578
an offer of suitable work when made by an employer either in	7579
person or to the individual's last known address, or has refused	7580
or failed to investigate a referral to suitable work when directed	7581
to do so by a local employment office of this state or another	7582
state, provided that this division shall not cause a	7583
disqualification for a waiting week or benefits under the	7584
following circumstances:	7585

(i) When work is offered by the individual's employer and the	7586
individual is not required to accept the offer pursuant to the	7587
terms of the labor-management contract or agreement; or	7588

(ii) When the individual is attending a training course	7589
pursuant to division (A)(4) of this section except, in the event	7590
of a refusal to accept an offer of suitable work or a refusal or	7591
failure to investigate a referral, benefits thereafter paid to	7592
such individual shall not be charged to the account of any	7593
employer and, except as provided in division (B)(1)(b) of section	7594
4141.241 of the Revised Code, shall be charged to the mutualized	7595
account as provided in division (B) of section 4141.25 of the	7596
Revised Code.	7597

(c) Such individual quit work to marry or because of marital,	7598
parental, filial, or other domestic obligations.	7599

(d) The individual became unemployed by reason of commitment	7600
to any correctional institution.	7601

(e) The individual became unemployed because of dishonesty in	7602
connection with the individual's most recent or any base period	7603
work. Remuneration earned in such work shall be excluded from the	7604
individual's total base period remuneration and qualifying weeks	7605
that otherwise would be credited to the individual for such work	7606
in the individual's base period shall not be credited for the	7607
purpose of determining the total benefits to which the individual	7608
is eligible and the weekly benefit amount to be paid under section	7609
4141.30 of the Revised Code. Such excluded remuneration and	7610
noncredited qualifying weeks shall be excluded from the	7611
calculation of the maximum amount to be charged, under division	7612
(D) of section 4141.24 and section 4141.33 of the Revised Code,	7613
against the accounts of the individual's base period employers. In	7614
addition, no benefits shall thereafter be paid to the individual	7615
based upon such excluded remuneration or noncredited qualifying	7616
weeks.	7617

For purposes of division (D)(2)(e) of this section,	7618
"dishonesty" means the commission of substantive theft, fraud, or	7619
deceitful acts.	7620

(E) No individual otherwise qualified to receive benefits	7621
shall lose the right to benefits by reason of a refusal to accept	7622
new work if:	7623

(1) As a condition of being so employed the individual would	7624
be required to join a company union, or to resign from or refrain	7625
from joining any bona fide labor organization, or would be denied	7626
the right to retain membership in and observe the lawful rules of	7627
any such organization.	7628

(2) The position offered is vacant due directly to a strike,	7629
lockout, or other labor dispute.	7630

(3) The work is at an unreasonable distance from the	7631
individual's residence, having regard to the character of the work	7632
the individual has been accustomed to do, and travel to the place	7633
of work involves expenses substantially greater than that required	7634
for the individual's former work, unless the expense is provided	7635
for.	7636

(4) The remuneration, hours, or other conditions of the work	7637
offered are substantially less favorable to the individual than	7638
those prevailing for similar work in the locality.	7639

(F) Subject to the special exceptions contained in division	7640
(A)(4)(f) of this section and section 4141.301 of the Revised	7641
Code, in determining whether any work is suitable for a claimant	7642
in the administration of this chapter, the director, in addition	7643
to the determination required under division (E) of this section,	7644
shall consider the degree of risk to the claimant's health,	7645
safety, and morals, the individual's physical fitness for the	7646
work, the individual's prior training and experience, the length	7647
of the individual's unemployment, the distance of the available	7648
work from the individual's residence, and the individual's	7649
prospects for obtaining local work.	7650

(G) The "duration of unemployment" as used in this section	7651
means the full period of unemployment next ensuing after a	7652
separation from any base period or subsequent work and until an	7653
individual has become reemployed in employment subject to this	7654
chapter, or the unemployment compensation act of another state, or	7655
of the United States, and until such individual has worked six	7656
weeks and for those weeks has earned or been paid remuneration	7657
equal to six times an average weekly wage of not less than:	7658
eighty-five dollars and ten cents per week beginning on June 26,	7659
1990; and beginning on and after January 1, 1992, twenty-seven and	7660
one-half per cent of the statewide average weekly wage as computed	7661
each first day of January under division (B)(3) of section 4141.30	7662
of the Revised Code, rounded down to the nearest dollar, except	7663
for purposes of division (D)(2)(c) of this section, such term	7664
means the full period of unemployment next ensuing after a	7665
separation from such work and until such individual has become	7666
reemployed subject to the terms set forth above, and has earned	7667
wages equal to one-half of the individual's average weekly wage or	7668
sixty dollars, whichever is less.	7669

(H) If a claimant is disqualified under division (D)(2)(a),	7670
(c), or (d) of this section or found to be qualified under the	7671
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	7672
this section or division (A)(2) of section 4141.291 of the Revised	7673
Code, then benefits that may become payable to such claimant,	7674
which are chargeable to the account of the employer from whom the	7675
individual was separated under such conditions, shall be charged	7676
to the mutualized account provided in section 4141.25 of the	7677
Revised Code, provided that no charge shall be made to the	7678
mutualized account for benefits chargeable to a reimbursing	7679
employer, except as provided in division (D)(2) of section 4141.24	7680
of the Revised Code. In the case of a reimbursing employer, the	7681
director shall refund or credit to the account of the reimbursing	7682
employer any over-paid benefits that are recovered under division	7683
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	7684
other states, the United States, or Canada that are subject to	7685
agreements and arrangements that are established pursuant to	7686
section 4141.43 of the Revised Code shall be credited or	7687
reimbursed according to the agreements and arrangements to which	7688
the chargeable amounts are subject.	7689

(I)(1) Benefits based on service in employment as provided in	7690
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	7691
shall be payable in the same amount, on the same terms, and	7692
subject to the same conditions as benefits payable on the basis of	7693
other service subject to this chapter; except that after December	7694
31, 1977:	7695

(a) Benefits based on service in an instructional, research,	7696
or principal administrative capacity in an institution of higher	7697
education, as defined in division (Y) of section 4141.01 of the	7698
Revised Code; or for an educational institution as defined in	7699
division (CC) of section 4141.01 of the Revised Code, shall not be	7700
paid to any individual for any week of unemployment that begins	7701
during the period between two successive academic years or terms,	7702
or during a similar period between two regular but not successive	7703
terms or during a period of paid sabbatical leave provided for in	7704
the individual's contract, if the individual performs such	7705
services in the first of those academic years or terms and has a	7706
contract or a reasonable assurance that the individual will	7707
perform services in any such capacity for any such institution in	7708
the second of those academic years or terms.	7709

(b) Benefits based on service for an educational institution	7710
or an institution of higher education in other than an	7711
instructional, research, or principal administrative capacity,	7712
shall not be paid to any individual for any week of unemployment	7713
which begins during the period between two successive academic	7714
years or terms of the employing educational institution or	7715
institution of higher education, provided the individual performed	7716
those services for the educational institution or institution of	7717
higher education during the first such academic year or term and,	7718
there is a reasonable assurance that such individual will perform	7719
those services for any educational institution or institution of	7720
higher education in the second of such academic years or terms.	7721

If compensation is denied to any individual for any week	7722
under division (I)(1)(b) of this section and the individual was	7723
not offered an opportunity to perform those services for an	7724
institution of higher education or for an educational institution	7725
for the second of such academic years or terms, the individual is	7726
entitled to a retroactive payment of compensation for each week	7727
for which the individual timely filed a claim for compensation and	7728
for which compensation was denied solely by reason of division	7729
(I)(1)(b) of this section. An application for retroactive benefits	7730
shall be timely filed if received by the director or the	7731
director's deputy within or prior to the end of the fourth full	7732
calendar week after the end of the period for which benefits were	7733
denied because of reasonable assurance of employment. The	7734
provision for the payment of retroactive benefits under division	7735
(I)(1)(b) of this section is applicable to weeks of unemployment	7736
beginning on and after November 18, 1983. The provisions under	7737
division (I)(1)(b) of this section shall be retroactive to	7738
September 5, 1982, only if, as a condition for full tax credit	7739
against the tax imposed by the "Federal Unemployment Tax Act," 53	7740
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	7741
secretary of labor determines that retroactivity is required by	7742
federal law.	7743

(c) With respect to weeks of unemployment beginning after	7744
December 31, 1977, benefits shall be denied to any individual for	7745
any week which commences during an established and customary	7746
vacation period or holiday recess, if the individual performs any	7747
services described in divisions (I)(1)(a) and (b) of this section	7748
in the period immediately before the vacation period or holiday	7749
recess, and there is a reasonable assurance that the individual	7750
will perform any such services in the period immediately following	7751
the vacation period or holiday recess.	7752

(d) With respect to any services described in division	7753
(I)(1)(a), (b), or (c) of this section, benefits payable on the	7754
basis of services in any such capacity shall be denied as	7755
specified in division (I)(1)(a), (b), or (c) of this section to	7756
any individual who performs such services in an educational	7757
institution or institution of higher education while in the employ	7758
of an educational service agency. For this purpose, the term	7759
"educational service agency" means a governmental agency or	7760
governmental entity that is established and operated exclusively	7761
for the purpose of providing services to one or more educational	7762
institutions or one or more institutions of higher education.	7763

(e) Any individual employed by ~~a public school district or~~ a	7764
county board of developmental disabilities shall be notified by	7765
the thirtieth day of April each year if the individual is not to	7766
be reemployed the following academic year.	7767

(f) Any individual employed by a school district shall be	7768
notified by the first day of June each year if the individual is	7769
not to be reemployed the following academic year.	7770

(2) No disqualification will be imposed, between academic	7771
years or terms or during a vacation period or holiday recess under	7772
this division, unless the director or the director's deputy has	7773
received a statement in writing from the educational institution	7774
or institution of higher education that the claimant has a	7775
contract for, or a reasonable assurance of, reemployment for the	7776
ensuing academic year or term.	7777

(3) If an individual has employment with an educational	7778
institution or an institution of higher education and employment	7779
with a noneducational employer, during the base period of the	7780
individual's benefit year, then the individual may become eligible	7781
for benefits during the between-term, or vacation or holiday	7782
recess, disqualification period, based on employment performed for	7783
the noneducational employer, provided that the employment is	7784
sufficient to qualify the individual for benefit rights separately	7785
from the benefit rights based on school employment. The weekly	7786
benefit amount and maximum benefits payable during a	7787
disqualification period shall be computed based solely on the	7788
nonschool employment.	7789

(J) Benefits shall not be paid on the basis of employment	7790
performed by an alien, unless the alien had been lawfully admitted	7791
to the United States for permanent residence at the time the	7792
services were performed, was lawfully present for purposes of	7793
performing the services, or was otherwise permanently residing in	7794
the United States under color of law at the time the services were	7795
performed, under section 212(d)(5) of the "Immigration and	7796
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	7797

(1) Any data or information required of individuals applying	7798
for benefits to determine whether benefits are not payable to them	7799
because of their alien status shall be uniformly required from all	7800
applicants for benefits.	7801

(2) In the case of an individual whose application for	7802
benefits would otherwise be approved, no determination that	7803
benefits to the individual are not payable because of the	7804
individual's alien status shall be made except upon a	7805
preponderance of the evidence that the individual had not, in	7806
fact, been lawfully admitted to the United States.	7807

(K) The director shall establish and utilize a system of	7808
profiling all new claimants under this chapter that:	7809

(1) Identifies which claimants will be likely to exhaust	7810
regular compensation and will need job search assistance services	7811
to make a successful transition to new employment;	7812

(2) Refers claimants identified pursuant to division (K)(1)	7813
of this section to reemployment services, such as job search	7814
assistance services, available under any state or federal law;	7815

(3) Collects follow-up information relating to the services	7816
received by such claimants and the employment outcomes for such	7817
claimant's subsequent to receiving such services and utilizes such	7818
information in making identifications pursuant to division (K)(1)	7819
of this section; and	7820

(4) Meets such other requirements as the United States	7821
secretary of labor determines are appropriate.	7822

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	7823
Code do not prevent the following:	7824

(A) The storage of intoxicating liquor in bonded warehouses,	7825
established in accordance with the acts of congress and under the	7826
regulation of the United States, located in this state, or the	7827
transportation of intoxicating liquor to or from bonded warehouses	7828
of the United States wherever located;	7829

(B) A bona fide resident of this state who is the owner of a	7830
warehouse receipt from obtaining or transporting to the resident's	7831
residence for the resident's own consumption and not for resale	7832
spirituous liquor stored in a government bonded warehouse in this	7833
state or in another state prior to December 1933, subject to such	7834
terms as are prescribed by the division of liquor control;	7835

(C) The manufacture of cider from fruit for the purpose of	7836
making vinegar, and nonintoxicating cider and fruit juices for use	7837
and sale;	7838

(D) A licensed physician or dentist from administering or	7839
dispensing intoxicating liquor or alcohol to a patient in good	7840
faith in the actual course of the practice of the physician's or	7841
dentist's profession;	7842

(E) The sale of alcohol to physicians, dentists, druggists,	7843
veterinary surgeons, manufacturers, hospitals, infirmaries, or	7844
medical or educational institutions using the alcohol for	7845
medicinal, mechanical, chemical, or scientific purposes;	7846

(F) The sale, gift, or keeping for sale by druggists and	7847
others of any of the medicinal preparations manufactured in	7848
accordance with the formulas prescribed by the United States	7849
Pharmacopoeia and National Formulary, patent or proprietary	7850
preparations, and other bona fide medicinal and technical	7851
preparations, which contain no more alcohol than is necessary to	7852
hold the medicinal agents in solution and to preserve the same,	7853
which are manufactured and sold as medicine and not as beverages,	7854
are unfit for use for beverage purposes, and the sale of which	7855
does not require the payment of a United States liquor dealer's	7856
tax;	7857

(G) The manufacture and sale of tinctures or of toilet,	7858
medicinal, and antiseptic preparations and solutions not intended	7859
for internal human use nor to be sold as beverages, and which are	7860
unfit for beverage purposes, if upon the outside of each bottle,	7861
box, or package of which there is printed in the English language,	7862
conspicuously and legibly, the quantity by volume of alcohol in	7863
the preparation or solution;	7864

(H) The manufacture and keeping for sale of the food products	7865
known as flavoring extracts when manufactured and sold for	7866
cooking, culinary, or flavoring purposes, and which are unfit for	7867
use for beverage purposes;	7868

(I) The lawful sale of wood alcohol or of ethyl alcohol for	7869
external use when combined with other substances as to make it	7870
unfit for internal use;	7871

(J) The manufacture, sale, and transport of ethanol or ethyl	7872
alcohol for use as fuel. As used in this division, "ethanol" has	7873
the same meaning as in section 5733.46 of the Revised Code.	7874

(K) The purchase and importation into this state or the	7875
purchase at wholesale from A or B permit holders in this state of	7876
beer and intoxicating liquor for use in manufacturing processes of	7877
nonbeverage food products under terms prescribed by the division,	7878
provided that the terms prescribed by the division shall not	7879
increase the cost of the beer or intoxicating liquor to any	7880
person, firm, or corporation purchasing and importing it into this	7881
state or purchasing it from an A or B permit holder for that use;	7882

(L) Any resident of this state or any member of the armed	7883
forces of the United States, who has attained the age of	7884
twenty-one years, from bringing into this state, for personal use	7885
and not for resale, not more than one liter of spirituous liquor,	7886
four and one-half liters of wine, or two hundred eighty-eight	7887
ounces of beer in any thirty-day period, and the same is free of	7888
any tax consent fee when the resident or member of the armed	7889
forces physically possesses and accompanies the spirituous liquor,	7890
wine, or beer on returning from a foreign country, another state,	7891
or an insular possession of the United States;	7892

(M) Persons, at least twenty-one years of age, who collect	7893
ceramic commemorative bottles containing spirituous liquor that	7894
have unbroken federal tax stamps on them from selling or trading	7895
the bottles to other collectors. The bottles shall originally have	7896
been purchased at retail from the division, legally imported under	7897
division (L) of this section, or legally imported pursuant to a	7898
supplier registration issued by the division. The sales shall be	7899
for the purpose of exchanging a ceramic commemorative bottle	7900
between private collectors and shall not be for the purpose of	7901
selling the spirituous liquor for personal consumption. The sale	7902
or exchange authorized by this division shall not occur on the	7903
premises of any permit holder, shall not be made in connection	7904
with the business of any permit holder, and shall not be made in	7905
connection with any mercantile business.	7906

(N) The sale of beer or intoxicating liquor without a liquor	7907
permit at a private residence, not more than five times per	7908
calendar year at a residence address, at an event that has the	7909
following characteristics:	7910

(1) The event is for a charitable, benevolent, or political	7911
purpose, but shall not include any event the proceeds of which are	7912
for the profit or gain of any individual;	7913

(2) The event has in attendance not more than fifty people;

7914

(3) The event shall be for a period not to exceed twelve	7915
hours;	7916

(4) The sale of beer and intoxicating liquor at the event	7917
shall not take place between two-thirty a.m. and five-thirty a.m.;	7918

(5) No person under twenty-one years of age shall purchase or	7919
consume beer or intoxicating liquor at the event and no beer or	7920
intoxicating liquor shall be sold to any person under twenty-one	7921
years of age at the event; and	7922

(6) No person at the event shall sell or furnish beer or	7923
intoxicating liquor to an intoxicated person.	7924

(O) The possession or consumption of beer or intoxicating	7925
liquor by a person who is under twenty-one years of age and who is	7926
a student at an accredited college or university, provided that	7927
both of the following apply:	7928

(1) The person is required to taste and expectorate the beer	7929
or intoxicating liquor for a culinary, food service, or	7930
hospitality course.	7931

(2) The person is under the direct supervision of the	7932
instructor of the culinary, food service, or hospitality course.	7933

Sec. 5104.01. As used in this chapter:

7934

(A) "Administrator" means the person responsible for the	7935
daily operation of a center or type A home. The administrator and	7936
the owner may be the same person.	7937

(B) "Approved child day camp" means a child day camp approved	7938
pursuant to section 5104.22 of the Revised Code.	7939

(C) "Authorized provider" means a person authorized by a	7940
county director of job and family services to operate a certified	7941
type B family day-care home.	7942

(D) "Border state child care provider" means a child care	7943
provider that is located in a state bordering Ohio and that is	7944
licensed, certified, or otherwise approved by that state to	7945
provide child care.	7946

(E) "Career pathways model" means an alternative pathway to	7947
meeting the requirements ~~for~~to be a child-care staff member or	7948
administrator that ~~uses one~~does both of the following:	7949

(1) Uses a framework approved by the director of job and	7950
family services to ~~integrate the pathways of~~document formal	7951
education, training, experience, and specialized credentials, and	7952
certifications~~, and that allows~~;	7953

(2) Allows the child-care staff member or administrator to	7954
achieve a designation as an early childhood professional level	7955
one, two, three, four, five, or six.	7956

(F) "Caretaker parent" means the father or mother of a child	7957
whose presence in the home is needed as the caretaker of the	7958
child, a person who has legal custody of a child and whose	7959
presence in the home is needed as the caretaker of the child, a	7960
guardian of a child whose presence in the home is needed as the	7961
caretaker of the child, and any other person who stands in loco	7962
parentis with respect to the child and whose presence in the home	7963
is needed as the caretaker of the child.	7964

(G) "Certified type B family day-care home" and "certified	7965
type B home" mean a type B family day-care home that is certified	7966
by the director of the county department of job and family	7967
services pursuant to section 5104.11 of the Revised Code to	7968
receive public funds for providing child care pursuant to this	7969
chapter and any rules adopted under it.	7970

(H) "Chartered nonpublic school" means a school that meets	7971
standards for nonpublic schools prescribed by the state board of	7972
education for nonpublic schools pursuant to section 3301.07 of the	7973
Revised Code.	7974

(I) "Child" includes an infant, toddler, ~~preschool~~	7975
preschool-age child, or ~~school~~school-age child.	7976

(J) "Child care block grant act" means the "Child Care and	7977
Development Block Grant Act of 1990," established in section 5082	7978
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	7979
1388-236 (1990), 42 U.S.C. 9858, as amended.	7980

(K) "Child day camp" means a program in which only ~~school~~	7981
school-age children attend or participate, that operates for no	7982
more than seven hours per day, that operates only during one or	7983
more public school district's regular vacation periods or for no	7984
more than fifteen weeks during the summer, and that operates	7985
outdoor activities for each child who attends or participates in	7986
the program for a minimum of fifty per cent of each day that	7987
children attend or participate in the program, except for any day	7988
when hazardous weather conditions prevent the program from	7989
operating outdoor activities for a minimum of fifty per cent of	7990
that day. For purposes of this division, the maximum seven hours	7991
of operation time does not include transportation time from a	7992
child's home to a child day camp and from a child day camp to a	7993
child's home.	7994

(L) "Child care" means administering to the needs of infants,	7995
toddlers, ~~preschool~~preschool-age children, and ~~school~~school-age	7996
children outside of school hours by persons other than their	7997
parents or guardians, custodians, or relatives by blood, marriage,	7998
or adoption for any part of the twenty-four-hour day in a place or	7999
residence other than a child's own home.	8000

(M) "Child day-care center" and "center" mean any place in	8001
which child care or publicly funded child care is provided for	8002
thirteen or more children at one time or any place that is not the	8003
permanent residence of the licensee or administrator in which	8004
child care or publicly funded child care is provided for seven to	8005
twelve children at one time. In counting children for the purposes	8006
of this division, any children under six years of age who are	8007
related to a licensee, administrator, or employee and who are on	8008
the premises of the center shall be counted. "Child day-care	8009
center" and "center" do not include any of the following:	8010

(1) A place located in and operated by a hospital, as defined	8011
in section 3727.01 of the Revised Code, in which the needs of	8012
children are administered to, if all the children whose needs are	8013
being administered to are monitored under the on-site supervision	8014
of a physician licensed under Chapter 4731. of the Revised Code or	8015
a registered nurse licensed under Chapter 4723. of the Revised	8016
Code, and the services are provided only for children who, in the	8017
opinion of the child's parent, guardian, or custodian, are	8018
exhibiting symptoms of a communicable disease or other illness or	8019
are injured;	8020

(2) A child day camp;

8021

(3) A place that provides child care, but not publicly funded	8022
child care, if all of the following apply:	8023

(a) An organized religious body provides the child care;

8024

(b) A parent, custodian, or guardian of at least one child	8025
receiving child care is on the premises and readily accessible at	8026
all times;	8027

(c) The child care is not provided for more than thirty days	8028
a year;	8029

(d) The child care is provided only for ~~preschool~~	8030
preschool-age and ~~school~~school-age children.	8031

(N) "Child care resource and referral service organization"	8032
means a community-based nonprofit organization that provides child	8033
care resource and referral services but not child care.	8034

(O) "Child care resource and referral services" means all of	8035
the following services:	8036

(1) Maintenance of a uniform data base of all child care	8037
providers in the community that are in compliance with this	8038
chapter, including current occupancy and vacancy data;	8039

(2) Provision of individualized consumer education to	8040
families seeking child care;	8041

(3) Provision of timely referrals of available child care	8042
providers to families seeking child care;	8043

(4) Recruitment of child care providers;

8044

(5) Assistance in the development, conduct, and dissemination	8045
of training for child care providers and provision of technical	8046
assistance to current and potential child care providers,	8047
employers, and the community;	8048

(6) Collection and analysis of data on the supply of and	8049
demand for child care in the community;	8050

(7) Technical assistance concerning locally, state, and	8051
federally funded child care and early childhood education	8052
programs;	8053

(8) Stimulation of employer involvement in making child care	8054
more affordable, more available, safer, and of higher quality for	8055
their employees and for the community;	8056

(9) Provision of written educational materials to caretaker	8057
parents and informational resources to child care providers;	8058

(10) Coordination of services among child care resource and	8059
referral service organizations to assist in developing and	8060
maintaining a statewide system of child care resource and referral	8061
services if required by the department of job and family services;	8062

(11) Cooperation with the county department of job and family	8063
services in encouraging the establishment of parent cooperative	8064
child care centers and parent cooperative type A family day-care	8065
homes.	8066

(P) "Child-care staff member" means an employee of a child	8067
day-care center or type A family day-care home who is primarily	8068
responsible for the care and supervision of children. The	8069
administrator may be a part-time child-care staff member when not	8070
involved in other duties.	8071

(Q) "Drop-in child day-care center," "drop-in center,"	8072
"drop-in type A family day-care home," and "drop-in type A home"	8073
mean a center or type A home that provides child care or publicly	8074
funded child care for children on a temporary, irregular basis.	8075

(R) "Employee" means a person who either:

8076

(1) Receives compensation for duties performed in a child	8077
day-care center or type A family day-care home;	8078

(2) Is assigned specific working hours or duties in a child	8079
day-care center or type A family day-care home.	8080

(S) "Employer" means a person, firm, institution,	8081
organization, or agency that operates a child day-care center or	8082
type A family day-care home subject to licensure under this	8083
chapter.	8084

(T) "Federal poverty line" means the official poverty	8085
guideline as revised annually in accordance with section 673(2) of	8086
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	8087
U.S.C. 9902, as amended, for a family size equal to the size of	8088
the family of the person whose income is being determined.	8089

(U) "Head start program" means a comprehensive child	8090
development program that receives funds distributed under the	8091
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	8092
amended, and is licensed as a child day-care center.	8093

(V) "Income" means gross income, as defined in section	8094
5107.10 of the Revised Code, less any amounts required by federal	8095
statutes or regulations to be disregarded.	8096

(W) "Indicator checklist" means an inspection tool, used in	8097
conjunction with an instrument-based program monitoring	8098
information system, that contains selected licensing requirements	8099
that are statistically reliable indicators or predictors of a	8100
child day-care center or type A family day-care home's compliance	8101
with licensing requirements.	8102

(X) "Infant" means a child who is less than eighteen months	8103
of age.	8104

(Y) "In-home aide" means a person who does not reside with	8105
the child but provides care in the child's home and is certified	8106
by a county director of job and family services pursuant to	8107
section 5104.12 of the Revised Code to provide publicly funded	8108
child care to a child in a child's own home pursuant to this	8109
chapter and any rules adopted under it.	8110

(Z) "Instrument-based program monitoring information system"	8111
means a method to assess compliance with licensing requirements	8112
for child day-care centers and type A family day-care homes in	8113
which each licensing requirement is assigned a weight indicative	8114
of the relative importance of the requirement to the health,	8115
growth, and safety of the children that is used to develop an	8116
indicator checklist.	8117

(AA) "License capacity" means the maximum number in each age	8118
category of children who may be cared for in a child day-care	8119
center or type A family day-care home at one time as determined by	8120
the director of job and family services considering building	8121
occupancy limits established by the department of commerce, amount	8122
of available indoor floor space and outdoor play space, and amount	8123
of available play equipment, materials, and supplies. For the	8124
purposes of a provisional license issued under this chapter, the	8125
director shall also consider the number of available child-care	8126
staff members when determining "license capacity" for the	8127
provisional license.	8128

(BB) "Licensed child care program" means any of the	8129
following:	8130

(1) A child day-care center licensed by the department of job	8131
and family services pursuant to this chapter;	8132

(2) A type A family day-care home licensed by the department	8133
of job and family services pursuant to this chapter;	8134

(3) A type B family day-care home certified by a county	8135
department of job and family services pursuant to this chapter;	8136

(4) A licensed preschool program or licensed school child	8137
program.	8138

(CC) "Licensed preschool program" or "licensed school child	8139
program" means a preschool program or school child program, as	8140
defined in section 3301.52 of the Revised Code, that is licensed	8141
by the department of education pursuant to sections 3301.52 to	8142
3301.59 of the Revised Code.	8143

~~(CC)~~(DD) "Licensee" means the owner of a child day-care	8144
center or type A family day-care home that is licensed pursuant to	8145
this chapter and who is responsible for ensuring its compliance	8146
with this chapter and rules adopted pursuant to this chapter.	8147

~~(DD)~~(EE) "Operate a child day camp" means to operate,	8148
establish, manage, conduct, or maintain a child day camp.	8149

~~(EE)~~(FF) "Owner" includes a person, as defined in section	8150
1.59 of the Revised Code, or government entity.	8151

~~(FF)~~(GG) "Parent cooperative child day-care center," "parent	8152
cooperative center," "parent cooperative type A family day-care	8153
home," and "parent cooperative type A home" mean a corporation or	8154
association organized for providing educational services to the	8155
children of members of the corporation or association, without	8156
gain to the corporation or association as an entity, in which the	8157
services of the corporation or association are provided only to	8158
children of the members of the corporation or association,	8159
ownership and control of the corporation or association rests	8160
solely with the members of the corporation or association, and at	8161
least one parent-member of the corporation or association is on	8162
the premises of the center or type A home during its hours of	8163
operation.	8164

~~(GG)~~(HH) "Part-time child day-care center," "part-time	8165
center," "part-time type A family day-care home," and "part-time	8166
type A home" mean a center or type A home that provides child care	8167
or publicly funded child care for no more than four hours a day	8168
for any child.	8169

~~(HH)~~(II) "Place of worship" means a building where activities	8170
of an organized religious group are conducted and includes the	8171
grounds and any other buildings on the grounds used for such	8172
activities.	8173

~~(II)~~(JJ) "~~Preschool~~Preschool-age child" means a child who is	8174
three years old or older but is not a ~~school~~school-age child.	8175

~~(JJ)~~(KK) "Protective child care" means publicly funded child	8176
care for the direct care and protection of a child to whom either	8177
of the following applies:	8178

(1) A case plan prepared and maintained for the child	8179
pursuant to section 2151.412 of the Revised Code indicates a need	8180
for protective care and the child resides with a parent,	8181
stepparent, guardian, or another person who stands in loco	8182
parentis as defined in rules adopted under section 5104.38 of the	8183
Revised Code;	8184

(2) The child and the child's caretaker either temporarily	8185
reside in a facility providing emergency shelter for homeless	8186
families or are determined by the county department of job and	8187
family services to be homeless, and are otherwise ineligible for	8188
publicly funded child care.	8189

~~(KK)~~(LL) "Publicly funded child care" means administering to	8190
the needs of infants, toddlers, ~~preschool~~preschool-age children,	8191
and ~~school~~school-age children under age thirteen during any part	8192
of the twenty-four-hour day by persons other than their caretaker	8193
parents for remuneration wholly or in part with federal or state	8194
funds, including funds available under the child care block grant	8195
act, Title IV-A, and Title XX, distributed by the department of	8196
job and family services.	8197

~~(LL)~~(MM) "Religious activities" means any of the following:	8198
worship or other religious services; religious instruction; Sunday	8199
school classes or other religious classes conducted during or	8200
prior to worship or other religious services; youth or adult	8201
fellowship activities; choir or other musical group practices or	8202
programs; meals; festivals; or meetings conducted by an organized	8203
religious group.	8204

~~(MM)~~(NN) "~~School~~School-age child" means a child who is	8205
enrolled in or is eligible to be enrolled in a grade of	8206
kindergarten or above but is less than fifteen years old.	8207

~~(NN)~~(OO) "~~School child day-care center," "school~~School-age	8208
child care center," ~~"school child type A family day-care home,"~~	8209
and "~~school~~school-age child type A ~~family~~ home" mean a center or	8210
type A home that provides child care for ~~school~~school-age	8211
children only and that does either or both of the following:	8212

(1) Operates only during that part of the day that	8213
immediately precedes or follows the public school day of the	8214
school district in which the center or type A home is located;	8215

(2) Operates only when the public schools in the school	8216
district in which the center or type A home is located are not	8217
open for instruction with pupils in attendance.	8218

~~(OO)~~(PP) "Serious risk noncompliance" means a licensure or	8219
certification rule violation that leads to a great risk of harm	8220
to, or death of, a child, and is observable, not inferable.	8221

~~(PP)~~(QQ) "State median income" means the state median income	8222
calculated by the department of development pursuant to division	8223
(A)(1)(g) of section 5709.61 of the Revised Code.	8224

~~(QQ)~~(RR) "Title IV-A" means Title IV-A of the "Social	8225
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	8226

~~(RR)~~(SS) "Title XX" means Title XX of the "Social Security	8227
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	8228

~~(SS)~~(TT) "Toddler" means a child who is at least eighteen	8229
months of age but less than three years of age.	8230

~~(TT)~~(UU) "Type A family day-care home" and "type A home" mean	8231
a permanent residence of the administrator in which child care or	8232
publicly funded child care is provided for seven to twelve	8233
children at one time or a permanent residence of the administrator	8234
in which child care is provided for four to twelve children at one	8235
time if four or more children at one time are under two years of	8236
age. In counting children for the purposes of this division, any	8237
children under six years of age who are related to a licensee,	8238
administrator, or employee and who are on the premises of the type	8239
A home shall be counted. "Type A family day-care home" and "type A	8240
home" do not include any child day camp.	8241

~~(UU)~~(VV) "Type B family day-care home" and "type B home" mean	8242
a permanent residence of the provider in which child care is	8243
provided for one to six children at one time and in which no more	8244
than three children are under two years of age at one time. In	8245
counting children for the purposes of this division, any children	8246
under six years of age who are related to the provider and who are	8247
on the premises of the type B home shall be counted. "Type B	8248
family day-care home" and "type B home" do not include any child	8249
day camp.	8250

Sec. 5104.011. (A) The director of job and family services	8251
shall adopt rules pursuant to Chapter 119. of the Revised Code	8252
governing the operation of child day-care centers, including, but	8253
not limited to, parent cooperative centers, part-time centers,	8254
drop-in centers, and ~~school~~school-age child care centers, which	8255
rules shall reflect the various forms of child care and the needs	8256
of children receiving child care or publicly funded child care and	8257
shall include specific rules for ~~school~~school-age child care	8258
centers that are developed in consultation with the department of	8259
education. The rules shall not require an existing school facility	8260
that is in compliance with applicable building codes to undergo an	8261
additional building code inspection or to have structural	8262
modifications. The rules shall include the following:	8263

(1) Submission of a site plan and descriptive plan of	8264
operation to demonstrate how the center proposes to meet the	8265
requirements of this chapter and rules adopted pursuant to this	8266
chapter for the initial license application;	8267

(2) Standards for ensuring that the physical surroundings of	8268
the center are safe and sanitary including, but not limited to,	8269
the physical environment, the physical plant, and the equipment of	8270
the center;	8271

(3) Standards for the supervision, care, and discipline of	8272
children receiving child care or publicly funded child care in the	8273
center;	8274

(4) Standards for a program of activities, and for play	8275
equipment, materials, and supplies, to enhance the development of	8276
each child; however, any educational curricula, philosophies, and	8277
methodologies that are developmentally appropriate and that	8278
enhance the social, emotional, intellectual, and physical	8279
development of each child shall be permissible. As used in this	8280
division, "program" does not include instruction in religious or	8281
moral doctrines, beliefs, or values that is conducted at child	8282
day-care centers owned and operated by churches and does include	8283
methods of disciplining children at child day-care centers.	8284

(5) Admissions policies and procedures, health care policies	8285
and procedures, including, but not limited to, procedures for the	8286
isolation of children with communicable diseases, first aid and	8287
emergency procedures, procedures for discipline and supervision of	8288
children, standards for the provision of nutritious meals and	8289
snacks, and procedures for screening children and employees, that	8290
may include any necessary physical examinations and immunizations;	8291

(6) Methods for encouraging parental participation in the	8292
center and methods for ensuring that the rights of children,	8293
parents, and employees are protected and that responsibilities of	8294
parents and employees are met;	8295

(7) Procedures for ensuring the safety and adequate	8296
supervision of children traveling off the premises of the center	8297
while under the care of a center employee;	8298

(8) Procedures for record keeping, organization, and	8299
administration;	8300

(9) Procedures for issuing, denying, and revoking a license	8301
that are not otherwise provided for in Chapter 119. of the Revised	8302
Code;	8303

(10) Inspection procedures;

8304

(11) Procedures and standards for setting initial license	8305
application fees;	8306

(12) Procedures for receiving, recording, and responding to	8307
complaints about centers;	8308

(13) Procedures for enforcing section 5104.04 of the Revised	8309
Code;	8310

(14) A standard requiring the inclusion, on and after July 1,	8311
1987, of a current department of job and family services toll-free	8312
telephone number on each center provisional license or license	8313
which any person may use to report a suspected violation by the	8314
center of this chapter or rules adopted pursuant to this chapter;	8315

(15) Requirements for the training of administrators and	8316
child-care staff members in first aid, in prevention, recognition,	8317
and management of communicable diseases, and in child abuse	8318
recognition and prevention. Training requirements for child	8319
day-care centers adopted under this division shall be consistent	8320
with divisions (B)(6) and (C)(1) of this section.	8321

(16) Standards providing for the special needs of children	8322
who are handicapped or who require treatment for health conditions	8323
while the child is receiving child care or publicly funded child	8324
care in the center;	8325

(17) A procedure for reporting of injuries of children that	8326
occur at the center;	8327

(18) Any other procedures and standards necessary to carry	8328
out this chapter.	8329

(B)(1) The child day-care center shall have, for each child	8330
for whom the center is licensed, at least thirty-five square feet	8331
of usable indoor floor space wall-to-wall regularly available for	8332
the child care operation exclusive of any parts of the structure	8333
in which the care of children is prohibited by law or by rules	8334
adopted by the board of building standards. The minimum of	8335
thirty-five square feet of usable indoor floor space shall not	8336
include hallways, kitchens, storage areas, or any other areas that	8337
are not available for the care of children, as determined by the	8338
director, in meeting the space requirement of this division, and	8339
bathrooms shall be counted in determining square footage only if	8340
they are used exclusively by children enrolled in the center,	8341
except that the exclusion of hallways, kitchens, storage areas,	8342
bathrooms not used exclusively by children enrolled in the center,	8343
and any other areas not available for the care of children from	8344
the minimum of thirty-five square feet of usable indoor floor	8345
space shall not apply to:	8346

(a) Centers licensed prior to or on September 1, 1986, that	8347
continue under licensure after that date;	8348

(b) Centers licensed prior to or on September 1, 1986, that	8349
are issued a new license after that date solely due to a change of	8350
ownership of the center.	8351

(2) The child day-care center shall have on the site a safe	8352
outdoor play space which is enclosed by a fence or otherwise	8353
protected from traffic or other hazards. The play space shall	8354
contain not less than sixty square feet per child using such space	8355
at any one time, and shall provide an opportunity for supervised	8356
outdoor play each day in suitable weather. The director may exempt	8357
a center from the requirement of this division, if an outdoor play	8358
space is not available and if all of the following are met:	8359

(a) The center provides an indoor recreation area that has	8360
not less than sixty square feet per child using the space at any	8361
one time, that has a minimum of one thousand four hundred forty	8362
square feet of space, and that is separate from the indoor space	8363
required under division (B)(1) of this section.	8364

(b) The director has determined that there is regularly	8365
available and scheduled for use a conveniently accessible and safe	8366
park, playground, or similar outdoor play area for play or	8367
recreation.	8368

(c) The children are closely supervised during play and while	8369
traveling to and from the area.	8370

The director also shall exempt from the requirement of this	8371
division a child day-care center that was licensed prior to	8372
September 1, 1986, if the center received approval from the	8373
director prior to September 1, 1986, to use a park, playground, or	8374
similar area, not connected with the center, for play or	8375
recreation in lieu of the outdoor space requirements of this	8376
section and if the children are closely supervised both during	8377
play and while traveling to and from the area and except if the	8378
director determines upon investigation and inspection pursuant to	8379
section 5104.04 of the Revised Code and rules adopted pursuant to	8380
that section that the park, playground, or similar area, as well	8381
as access to and from the area, is unsafe for the children.	8382

(3) The child day-care center shall have at least two	8383
responsible adults available on the premises at all times when	8384
seven or more children are in the center. The center shall	8385
organize the children in the center in small groups, shall provide	8386
child-care staff to give continuity of care and supervision to the	8387
children on a day-by-day basis, and shall ensure that no child is	8388
left alone or unsupervised. Except as otherwise provided in	8389
division (E) of this section, the maximum number of children per	8390
child-care staff member and maximum group size, by age category of	8391
children, are as follows:	8392

	Maximum Number of		8393
	Children Per	Maximum	8394
Age Category	Child-Care	Group	8395
of Children	Staff Member	Size	8396
(a) Infants:			8397
(i) Less than twelve			8398
months old	5:1, or		8399
	12:2 if two		8400
	child-care		8401
	staff members		8402
	are in the room	12	8403
(ii) At least twelve			8404
months old, but			8405
less than eighteen			8406
months old	6:1	12	8407
(b) Toddlers:			8408
(i) At least eighteen			8409
months old, but			8410
less than thirty			8411
months old	7:1	14	8412
(ii) At least thirty months			8413
old, but less than			8414
three years old	8:1	16	8415
(c) ~~Preschool~~ Preschool-age			8416
children:			8417
(i) Three years old	12:1	24	8418
(ii) Four years old and			8419
five years old who			8420
are not school			8421
children	14:1	28	8422
(d) ~~School~~ School-age children:			8423
(i) A child who is			8424
enrolled in or is			8425
eligible to be			8426
enrolled in a grade			8427
of kindergarten			8428
or above, but			8429
is less than			8430
eleven years old	18:1	36	8431
(ii) Eleven through fourteen			8432
years old	20:1	40	8433

Except as otherwise provided in division (E) of this section,	8434
the maximum number of children per child-care staff member and	8435
maximum group size requirements of the younger age group shall	8436
apply when age groups are combined.	8437

~~(4)(a) The child day-care center administrator shall show the~~	8438
~~director both of the following:~~	8439

~~(i) Evidence of at least high school graduation or~~	8440
~~certification of high school equivalency by the state board of~~	8441
~~education or the appropriate agency of another state;~~	8442

~~(ii) Evidence of having completed at least two years of~~	8443
~~training in an accredited college, university, or technical~~	8444
~~college, including courses in child development or early childhood~~	8445
~~education, at least two years of experience in supervising and~~	8446
~~giving daily care to children attending an organized group~~	8447
~~program, or the equivalent based on a designation as an "early~~	8448
~~childhood professional level three" under the career pathways~~	8449
~~model of the quality-rating program established under section~~	8450
~~5104.30 of the Revised Code.~~	8451

~~(b) In addition to the requirements of division (B)(4)(a) of~~	8452
~~this section and except as provided in division (B)(4)(c) of this~~	8453
~~section, any administrator employed or designated as such prior to~~	8454
~~the effective date of this section, as amended, shall show~~	8455
~~evidence of at least one of the following within six years after~~	8456
~~the date of employment or designation:~~	8457

~~(i) Two years of experience working as a child-care staff~~	8458
~~member in a center and at least four courses in child development~~	8459
~~or early childhood education from an accredited college,~~	8460
~~university, or technical college, except that a person who has two~~	8461
~~years of experience working as a child-care staff member in a~~	8462
~~particular center and who has been promoted to or designated as~~	8463
~~administrator of that center shall have one year from the time the~~	8464
~~person was promoted to or designated as administrator to complete~~	8465
~~the required four courses;~~	8466

~~(ii) Two years of training, including at least four courses~~	8467
~~in child development or early childhood education from an~~	8468
~~accredited college, university, or technical college;~~	8469

~~(iii) A child development associate credential issued by the~~	8470
~~national child development associate credentialing commission;~~	8471

~~(iv) An associate or higher degree in child development or~~	8472
~~early childhood education from an accredited college, technical~~	8473
~~college, or university, or a license designated for teaching in an~~	8474
~~associate teaching position in a preschool setting issued by the~~	8475
~~state board of education.~~	8476

~~(c) For the purposes of division (B)(4)(b) of this section,~~	8477
~~any administrator employed or designated as such prior to the~~	8478
~~effective date of this section, as amended, may also show evidence~~	8479
~~of an administrator's credential as approved by the department of~~	8480
~~job and family services in lieu of, or in addition to, the~~	8481
~~evidence required under division (B)(4)(b) of this section. The~~	8482
~~evidence of an administrator's credential must be shown to the~~	8483
~~director not later than one year after the date of employment or~~	8484
~~designation.~~	8485

~~(d) In addition to the requirements of division (B)(4)(a) of~~	8486
~~this section, any administrator employed or designated as such on~~	8487
~~or after the effective date of this section, as amended, shall~~	8488
~~show evidence of at least one of the following not later than one~~	8489
~~year after the date of employment or designation:~~	8490

~~(i) Two years of experience working as a child-care staff~~	8491
~~member in a center and at least four courses in child development~~	8492
~~or early childhood education from an accredited college,~~	8493
~~university, or technical college, except that a person who has two~~	8494
~~years of experience working as a child-care staff member in a~~	8495
~~particular center and who has been promoted to or designated as~~	8496
~~administrator of that center shall have one year from the time the~~	8497
~~person was promoted to or designated as administrator to complete~~	8498
~~the required four courses;~~	8499

~~(ii) Two years of training, including at least four courses~~	8500
~~in child development or early childhood education from an~~	8501
~~accredited college, university, or technical college;~~	8502

~~(iii) A child development associate credential issued by the~~	8503
~~national child development associate credentialing commission;~~	8504

~~(iv) An associate or higher degree in child development or~~	8505
~~early childhood education from an accredited college, technical~~	8506
~~college, or university, or a license designated for teaching in an~~	8507
~~associate teaching position in a preschool setting issued by the~~	8508
~~state board of education;~~	8509

~~(v) An administrator's credential as approved by the~~	8510
~~department of job and family services.~~	8511

~~(5) All child-care staff members of a child day-care center~~	8512
~~shall be at least eighteen years of age, and shall furnish the~~	8513
~~director evidence of at least high school graduation or~~	8514
~~certification of high school equivalency by the state board of~~	8515
~~education or the appropriate agency of another state or evidence~~	8516
~~of completion of a training program approved by the department of~~	8517
~~job and family services or state board of education, except as~~	8518
~~follows:~~	8519

~~(a) A child-care staff member may be less than eighteen years~~	8520
~~of age if the staff member is either of the following:~~	8521

~~(i) A graduate of a two-year vocational child-care training~~	8522
~~program approved by the state board of education;~~	8523

~~(ii) A student enrolled in the second year of a vocational~~	8524
~~child-care training program approved by the state board of~~	8525
~~education which leads to high school graduation, provided that the~~	8526
~~student performs the student's duties in the child day-care center~~	8527
~~under the continuous supervision of an experienced child-care~~	8528
~~staff member, receives periodic supervision from the vocational~~	8529
~~child-care training program teacher-coordinator in the student's~~	8530
~~high school, and meets all other requirements of this chapter and~~	8531
~~rules adopted pursuant to this chapter.~~	8532

~~(b) A child-care staff member shall be exempt from the~~	8533
~~educational requirements of this division if the staff member:~~	8534

~~(i) Prior to January 1, 1972, was employed or designated by a~~	8535
~~child day-care center and has been continuously employed since~~	8536
~~either by the same child day-care center employer or at the same~~	8537
~~child day-care center;~~	8538

~~(ii) Is a student enrolled in the second year of a vocational~~	8539
~~child-care training program approved by the state board of~~	8540
~~education which leads to high school graduation, provided that the~~	8541
~~student performs the student's duties in the child day-care center~~	8542
~~under the continuous supervision of an experienced child-care~~	8543
~~staff member, receives periodic supervision from the vocational~~	8544
~~child-care training program teacher-coordinator in the student's~~	8545
~~high school, and meets all other requirements of this chapter and~~	8546
~~rules adopted pursuant to this chapter;~~	8547

~~(iii) Is receiving or has completed the final year of~~	8548
~~instruction at home as authorized under section 3321.04 of the~~	8549
~~Revised Code or has graduated from a nonchartered, nonpublic~~	8550
~~school in Ohio.~~	8551

~~(6) Every child care staff member of a child day-care center~~	8552
~~annually shall complete fifteen hours of inservice training in~~	8553
~~child development or early childhood education, child abuse~~	8554
~~recognition and prevention, first aid, and in prevention,~~	8555
~~recognition, and management of communicable diseases, until a~~	8556
~~total of forty-five hours of training has been completed, unless~~	8557
~~the staff member furnishes one of the following to the director:~~	8558

~~(a) Evidence of an associate or higher degree in child~~	8559
~~development or early childhood education from an accredited~~	8560
~~college, university, or technical college;~~	8561

~~(b) A license designated for teaching in an associate~~	8562
~~teaching position in a preschool setting issued by the state board~~	8563
~~of education;~~	8564

~~(c) Evidence of a child development associate credential;~~

8565

~~(d) Evidence of a preprimary credential from the American~~	8566
~~Montessori society or the association Montessori internationale.~~	8567
~~For the purposes of division (B)(6) of this section, "hour" means~~	8568
~~sixty minutes.~~	8569

(C)(1) Each child day-care center shall have on the center	8570
premises and readily available at all times at least one	8571
child-care staff member who has completed a course in first aid,	8572
one staff member who has completed a course in prevention,	8573
recognition, and management of communicable diseases which is	8574
approved by the state department of health, and a staff member who	8575
has completed a course in child abuse recognition and prevention	8576
training which is approved by the department of job and family	8577
services.	8578

(2) The administrator of each child day-care center shall	8579
maintain enrollment, health, and attendance records for all	8580
children attending the center and health and employment records	8581
for all center employees. The records shall be confidential,	8582
except that they shall be disclosed by the administrator to the	8583
director upon request for the purpose of administering and	8584
enforcing this chapter and rules adopted pursuant to this chapter.	8585
Neither the center nor the licensee, administrator, or employees	8586
of the center shall be civilly or criminally liable in damages or	8587
otherwise for records disclosed to the director by the	8588
administrator pursuant to this division. It shall be a defense to	8589
any civil or criminal charge based upon records disclosed by the	8590
administrator to the director that the records were disclosed	8591
pursuant to this division.	8592

(3)(a) Any parent who is the residential parent and legal	8593
custodian of a child enrolled in a child day-care center and any	8594
custodian or guardian of such a child shall be permitted unlimited	8595
access to the center during its hours of operation for the	8596
purposes of contacting their children, evaluating the care	8597
provided by the center, evaluating the premises of the center, or	8598
for other purposes approved by the director. A parent of a child	8599
enrolled in a child day-care center who is not the child's	8600
residential parent shall be permitted unlimited access to the	8601
center during its hours of operation for those purposes under the	8602
same terms and conditions under which the residential parent of	8603
that child is permitted access to the center for those purposes.	8604
However, the access of the parent who is not the residential	8605
parent is subject to any agreement between the parents and, to the	8606
extent described in division (C)(3)(b) of this section, is subject	8607
to any terms and conditions limiting the right of access of the	8608
parent who is not the residential parent, as described in division	8609
(I) of section 3109.051 of the Revised Code, that are contained in	8610
a parenting time order or decree issued under that section,	8611
section 3109.12 of the Revised Code, or any other provision of the	8612
Revised Code.	8613

(b) If a parent who is the residential parent of a child has	8614
presented the administrator or the administrator's designee with a	8615
copy of a parenting time order that limits the terms and	8616
conditions under which the parent who is not the residential	8617
parent is to have access to the center, as described in division	8618
(I) of section 3109.051 of the Revised Code, the parent who is not	8619
the residential parent shall be provided access to the center only	8620
to the extent authorized in the order. If the residential parent	8621
has presented such an order, the parent who is not the residential	8622
parent shall be permitted access to the center only in accordance	8623
with the most recent order that has been presented to the	8624
administrator or the administrator's designee by the residential	8625
parent or the parent who is not the residential parent.	8626

(c) Upon entering the premises pursuant to division (C)(3)(a)	8627
or (b) of this section, the parent who is the residential parent	8628
and legal custodian, the parent who is not the residential parent,	8629
or the custodian or guardian shall notify the administrator or the	8630
administrator's designee of the parent's, custodian's, or	8631
guardian's presence.	8632

(D) The director of job and family services, in addition to	8633
the rules adopted under division (A) of this section, shall adopt	8634
rules establishing minimum requirements for child day-care	8635
centers. The rules shall include, but not be limited to, the	8636
requirements set forth in divisions (B) and (C) of this section	8637
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.	8638
Except as provided in section 5104.07 of the Revised Code, the	8639
rules shall not change the square footage requirements of division	8640
(B)(1) or (2) of this section; the maximum number of children per	8641
child-care staff member and maximum group size requirements of	8642
division (B)(3) of this section; the educational and experience	8643
requirements of ~~division (B)(4) of this~~ section 5104.031 of the	8644
Revised Code; the age, educational, and experience requirements of	8645
~~division (B)(5) of this~~ section 5104.032 of the Revised Code; the	8646
number and type of inservice training hours required under	8647
~~division (B)(6) of this~~ section 5104.033 of the Revised Code;	8648
however, the rules shall provide procedures for determining	8649
compliance with those requirements.	8650

(E)(1) When age groups are combined, the maximum number of	8651
children per child-care staff member shall be determined by the	8652
age of the youngest child in the group, except that when no more	8653
than one child thirty months of age or older receives services in	8654
a group in which all the other children are in the next older age	8655
group, the maximum number of children per child-care staff member	8656
and maximum group size requirements of the older age group	8657
established under division (B)(3) of this section shall apply.	8658

(2) The maximum number of toddlers or ~~preschool~~preschool-age	8659
children per child-care staff member in a room where children are	8660
napping shall be twice the maximum number of children per	8661
child-care staff member established under division (B)(3) of this	8662
section if all the following criteria are met:	8663

(a) At least one child-care staff member is present in the	8664
room.	8665

(b) Sufficient child-care staff members are on the child	8666
day-care center premises to meet the maximum number of children	8667
per child-care staff member requirements established under	8668
division (B)(3) of this section.	8669

(c) Naptime preparations are complete and all napping	8670
children are resting or sleeping on cots.	8671

(d) The maximum number established under division (E)(2) of	8672
this section is in effect for no more than two hours during a	8673
twenty-four-hour day.	8674

(F) The director of job and family services shall adopt rules	8675
pursuant to Chapter 119. of the Revised Code governing the	8676
operation of type A family day-care homes, including, but not	8677
limited to, parent cooperative type A homes, part-time type A	8678
homes, drop-in type A homes, and ~~school~~school-age child type A	8679
homes, which shall reflect the various forms of child care and the	8680
needs of children receiving child care. The rules shall include	8681
the following:	8682

(1) Submission of a site plan and descriptive plan of	8683
operation to demonstrate how the type A home proposes to meet the	8684
requirements of this chapter and rules adopted pursuant to this	8685
chapter for the initial license application;	8686

(2) Standards for ensuring that the physical surroundings of	8687
the type A home are safe and sanitary, including, but not limited	8688
to, the physical environment, the physical plant, and the	8689
equipment of the type A home;	8690

(3) Standards for the supervision, care, and discipline of	8691
children receiving child care or publicly funded child care in the	8692
type A home;	8693

(4) Standards for a program of activities, and for play	8694
equipment, materials, and supplies, to enhance the development of	8695
each child; however, any educational curricula, philosophies, and	8696
methodologies that are developmentally appropriate and that	8697
enhance the social, emotional, intellectual, and physical	8698
development of each child shall be permissible;	8699

(5) Admissions policies and procedures, health care policies	8700
and procedures, including, but not limited to, procedures for the	8701
isolation of children with communicable diseases, first aid and	8702
emergency procedures, procedures for discipline and supervision of	8703
children, standards for the provision of nutritious meals and	8704
snacks, and procedures for screening children and employees,	8705
including, but not limited to, any necessary physical examinations	8706
and immunizations;	8707

(6) Methods for encouraging parental participation in the	8708
type A home and methods for ensuring that the rights of children,	8709
parents, and employees are protected and that the responsibilities	8710
of parents and employees are met;	8711

(7) Procedures for ensuring the safety and adequate	8712
supervision of children traveling off the premises of the type A	8713
home while under the care of a type A home employee;	8714

(8) Procedures for record keeping, organization, and	8715
administration;	8716

(9) Procedures for issuing, denying, and revoking a license	8717
that are not otherwise provided for in Chapter 119. of the Revised	8718
Code;	8719

(10) Inspection procedures;

8720

(11) Procedures and standards for setting initial license	8721
application fees;	8722

(12) Procedures for receiving, recording, and responding to	8723
complaints about type A homes;	8724

(13) Procedures for enforcing section 5104.04 of the Revised	8725
Code;	8726

(14) A standard requiring the inclusion, on or after July 1,	8727
1987, of a current department of job and family services toll-free	8728
telephone number on each type A home provisional license or	8729
license which any person may use to report a suspected violation	8730
by the type A home of this chapter or rules adopted pursuant to	8731
this chapter;	8732

(15) Requirements for the training of administrators and	8733
child-care staff members in first aid, in prevention, recognition,	8734
and management of communicable diseases, and in child abuse	8735
recognition and prevention;	8736

(16) Standards providing for the special needs of children	8737
who are handicapped or who require treatment for health conditions	8738
while the child is receiving child care or publicly funded child	8739
care in the type A home;	8740

(17) Standards for the maximum number of children per	8741
child-care staff member;	8742

(18) Requirements for the amount of usable indoor floor space	8743
for each child;	8744

(19) Requirements for safe outdoor play space;

8745

(20) Qualifications and training requirements for	8746
administrators and for child-care staff members;	8747

(21) Procedures for granting a parent who is the residential	8748
parent and legal custodian, or a custodian or guardian access to	8749
the type A home during its hours of operation;	8750

(22) Standards for the preparation and distribution of a	8751
roster of parents, custodians, and guardians;	8752

(23) Any other procedures and standards necessary to carry	8753
out this chapter.	8754

(G) The director of job and family services shall adopt rules	8755
pursuant to Chapter 119. of the Revised Code governing the	8756
certification of type B family day-care homes.	8757

(1) The rules shall include all of the following:

8758

(a) Procedures, standards, and other necessary provisions for	8759
granting limited certification to type B family day-care homes	8760
that are operated by the following adult providers:	8761

(i) Persons who provide child care for eligible children who	8762
are great-grandchildren, grandchildren, nieces, nephews, or	8763
siblings of the provider or for eligible children whose caretaker	8764
parent is a grandchild, child, niece, nephew, or sibling of the	8765
provider;	8766

(ii) Persons who provide child care for eligible children all	8767
of whom are the children of the same caretaker parent;	8768

(b) Procedures for the director to ensure, that type B homes	8769
that receive a limited certification provide child care to	8770
children in a safe and sanitary manner;	8771

(c) Requirements for the type B home to notify parents with	8772
children in the type B home that the type B home is also certified	8773
as a foster home under section 5103.03 of the Revised Code.	8774

With regard to providers who apply for limited certification,	8775
a provider shall be granted a provisional limited certification on	8776
signing a declaration under oath attesting that the provider meets	8777
the standards for limited certification. Such provisional limited	8778
certifications shall remain in effect for no more than sixty	8779
calendar days and shall entitle the provider to offer publicly	8780
funded child care during the provisional period. Except as	8781
otherwise provided in division (G)(1) of this section, section	8782
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	8783
section 5104.11 of the Revised Code, prior to the expiration of	8784
the provisional limited certificate, a county department of job	8785
and family services shall inspect the home and shall grant limited	8786
certification to the provider if the provider meets the	8787
requirements of this division. Limited certificates remain valid	8788
for two years unless earlier revoked. Except as otherwise provided	8789
in division (G)(1) of this section, providers operating under	8790
limited certification shall be inspected annually.	8791

If a provider is a person described in division (G)(1)(a)(i)	8792
of this section or a person described in division (G)(1)(a)(ii) of	8793
this section who is a friend of the caretaker parent, the provider	8794
and the caretaker parent may verify in writing to the county	8795
department of job and family services that minimum health and	8796
safety requirements are being met in the home. Except as otherwise	8797
provided in section 5104.013 or 5104.09 or in division (A)(2) of	8798
section 5104.11 of the Revised Code, if such verification is	8799
provided, the county shall waive any inspection required by this	8800
chapter and grant limited certification to the provider.	8801

(2) The rules shall provide for safeguarding the health,	8802
safety, and welfare of children receiving child care or publicly	8803
funded child care in a certified type B home and shall include the	8804
following:	8805

(a) Standards for ensuring that the type B home and the	8806
physical surroundings of the type B home are safe and sanitary,	8807
including, but not limited to, physical environment, physical	8808
plant, and equipment;	8809

(b) Standards for the supervision, care, and discipline of	8810
children receiving child care or publicly funded child care in the	8811
home;	8812

(c) Standards for a program of activities, and for play	8813
equipment, materials, and supplies to enhance the development of	8814
each child; however, any educational curricula, philosophies, and	8815
methodologies that are developmentally appropriate and that	8816
enhance the social, emotional, intellectual, and physical	8817
development of each child shall be permissible;	8818

(d) Admission policies and procedures, health care, first aid	8819
and emergency procedures, procedures for the care of sick	8820
children, procedures for discipline and supervision of children,	8821
nutritional standards, and procedures for screening children and	8822
authorized providers, including, but not limited to, any necessary	8823
physical examinations and immunizations;	8824

(e) Methods of encouraging parental participation and	8825
ensuring that the rights of children, parents, and authorized	8826
providers are protected and the responsibilities of parents and	8827
authorized providers are met;	8828

(f) Standards for the safe transport of children when under	8829
the care of authorized providers;	8830

(g) Procedures for issuing, renewing, denying, refusing to	8831
renew, or revoking certificates;	8832

(h) Procedures for the inspection of type B homes that	8833
require, at a minimum, that each type B home be inspected prior to	8834
certification to ensure that the home is safe and sanitary;	8835

(i) Procedures for record keeping and evaluation;

8836

(j) Procedures for receiving, recording, and responding to	8837
complaints;	8838

(k) Standards providing for the special needs of children who	8839
are handicapped or who receive treatment for health conditions	8840
while the child is receiving child care or publicly funded child	8841
care in the type B home;	8842

(l) Requirements for the amount of usable indoor floor space	8843
for each child;	8844

(m) Requirements for safe outdoor play space;

8845

(n) Qualification and training requirements for authorized	8846
providers;	8847

(o) Procedures for granting a parent who is the residential	8848
parent and legal custodian, or a custodian or guardian access to	8849
the type B home during its hours of operation;	8850

(p) Requirements for the type B home to notify parents with	8851
children in the type B home that the type B home is also certified	8852
as a foster home under section 5103.03 of the Revised Code;	8853

(q) Any other procedures and standards necessary to carry out	8854
this chapter.	8855

(H) The director shall adopt rules pursuant to Chapter 119.	8856
of the Revised Code governing the certification of in-home aides.	8857
The rules shall include procedures, standards, and other necessary	8858
provisions for granting limited certification to in-home aides who	8859
provide child care for eligible children who are	8860
great-grandchildren, grandchildren, nieces, nephews, or siblings	8861
of the in-home aide or for eligible children whose caretaker	8862
parent is a grandchild, child, niece, nephew, or sibling of the	8863
in-home aide. The rules shall require, and shall include	8864
procedures for the director to ensure, that in-home aides that	8865
receive a limited certification provide child care to children in	8866
a safe and sanitary manner. The rules shall provide for	8867
safeguarding the health, safety, and welfare of children receiving	8868
publicly funded child care in their own home and shall include the	8869
following:	8870

(1) Standards for ensuring that the child's home and the	8871
physical surroundings of the child's home are safe and sanitary,	8872
including, but not limited to, physical environment, physical	8873
plant, and equipment;	8874

(2) Standards for the supervision, care, and discipline of	8875
children receiving publicly funded child care in their own home;	8876

(3) Standards for a program of activities, and for play	8877
equipment, materials, and supplies to enhance the development of	8878
each child; however, any educational curricula, philosophies, and	8879
methodologies that are developmentally appropriate and that	8880
enhance the social, emotional, intellectual, and physical	8881
development of each child shall be permissible;	8882

(4) Health care, first aid, and emergency procedures,	8883
procedures for the care of sick children, procedures for	8884
discipline and supervision of children, nutritional standards, and	8885
procedures for screening children and in-home aides, including,	8886
but not limited to, any necessary physical examinations and	8887
immunizations;	8888

(5) Methods of encouraging parental participation and	8889
ensuring that the rights of children, parents, and in-home aides	8890
are protected and the responsibilities of parents and in-home	8891
aides are met;	8892

(6) Standards for the safe transport of children when under	8893
the care of in-home aides;	8894

(7) Procedures for issuing, renewing, denying, refusing to	8895
renew, or revoking certificates;	8896

(8) Procedures for inspection of homes of children receiving	8897
publicly funded child care in their own homes;	8898

(9) Procedures for record keeping and evaluation;

8899

(10) Procedures for receiving, recording, and responding to	8900
complaints;	8901

(11) Qualifications and training requirements for in-home	8902
aides;	8903

(12) Standards providing for the special needs of children	8904
who are handicapped or who receive treatment for health conditions	8905
while the child is receiving publicly funded child care in the	8906
child's own home;	8907

(13) Any other procedures and standards necessary to carry	8908
out this chapter.	8909

(I) To the extent that any rules adopted for the purposes of	8910
this section require a health care professional to perform a	8911
physical examination, the rules shall include as a health care	8912
professional a physician assistant, a clinical nurse specialist, a	8913
certified nurse practitioner, or a certified nurse-midwife.	8914

(J)(1) The director of job and family services shall do all	8915
of the following:	8916

(a) Provide or make available in either paper or electronic	8917
form to each licensee notice of proposed rules governing the	8918
licensure of child day-care centers and type A homes;	8919

(b) Give public notice of hearings regarding the rules to	8920
each licensee at least thirty days prior to the date of the public	8921
hearing, in accordance with section 119.03 of the Revised Code;	8922

(c) At least thirty days before the effective date of a rule,	8923
provide, in either paper or electronic form, a copy of the adopted	8924
rule to each licensee.	8925

(2) The director shall do all of the following:

8926

(a) Send to each county director of job and family services a	8927
notice of proposed rules governing the certification of type B	8928
family homes and in-home aides that includes an internet web site	8929
address where the proposed rules can be viewed;	8930

(b) Give public notice of hearings regarding the proposed	8931
rules not less than thirty days in advance;	8932

(c) Provide to each county director of job and family	8933
services an electronic copy of each adopted rule at least	8934
forty-five days prior to the rule's effective date.	8935

(3) The county director of job and family services shall	8936
provide or make available in either paper or electronic form to	8937
each authorized provider and in-home aide copies of proposed rules	8938
and shall give public notice of hearings regarding the rules to	8939
each authorized provider and in-home aide at least thirty days	8940
prior to the date of the public hearing, in accordance with	8941
section 119.03 of the Revised Code. At least thirty days before	8942
the effective date of a rule, the county director of job and	8943
family services shall provide, in either paper or electronic form,	8944
copies of the adopted rule to each authorized provider and in-home	8945
aide.	8946

(4) Additional copies of proposed and adopted rules shall be	8947
made available by the director of job and family services to the	8948
public on request at no charge.	8949

(5) The director of job and family services may adopt rules	8950
pursuant to Chapter 119. of the Revised Code for imposing	8951
sanctions on persons and entities that are licensed or certified	8952
under this chapter. Sanctions may be imposed only for an action or	8953
omission that constitutes a serious risk noncompliance. The	8954
sanctions imposed shall be based on the scope and severity of the	8955
violations.	8956

The director shall make a dispute resolution process	8957
available for the implementation of sanctions. The process may	8958
include an opportunity for appeal pursuant to Chapter 119. of the	8959
Revised Code.	8960

(6) The director of job and family services shall adopt rules	8961
pursuant to Chapter 119. of the Revised Code that establish	8962
standards for the training of individuals whom any county	8963
department of job and family services employs, with whom any	8964
county department of job and family services contracts, or with	8965
whom the director of job and family services contracts, to inspect	8966
or investigate type B family day-care homes pursuant to section	8967
5104.11 of the Revised Code. The department shall provide training	8968
in accordance with those standards for individuals in the	8969
categories described in this division.	8970

(K) The director of job and family services shall review all	8971
rules adopted pursuant to this chapter at least once every seven	8972
years.	8973

(L) Notwithstanding any provision of the Revised Code, the	8974
director of job and family services shall not regulate in any way	8975
under this chapter or rules adopted pursuant to this chapter,	8976
instruction in religious or moral doctrines, beliefs, or values.	8977

Sec. 5104.02. (A) The director of job and family services is	8978
responsible for the licensing of child day-care centers and type A	8979
family day-care homes. Each entity operating a head start program	8980
shall meet the criteria for, and be licensed as, a child day-care	8981
center. The director is responsible for the enforcement of this	8982
chapter and of rules promulgated pursuant to this chapter.	8983

No person, firm, organization, institution, or agency shall	8984
operate, establish, manage, conduct, or maintain a child day-care	8985
center or type A family day-care home without a license issued	8986
under section 5104.03 of the Revised Code. The current license	8987
shall be posted in a conspicuous place in the center or type A	8988
home that is accessible to parents, custodians, or guardians and	8989
employees of the center or type A home at all times when the	8990
center or type A home is in operation.	8991

(B) A person, firm, institution, organization, or agency	8992
operating any of the following programs is exempt from the	8993
requirements of this chapter:	8994

(1) A program of child care that operates for two or less	8995
consecutive weeks;	8996

(2) Child care in places of worship during religious	8997
activities during which children are cared for while at least one	8998
parent, guardian, or custodian of each child is participating in	8999
such activities and is readily available;	9000

(3) Religious activities which do not provide child care;

9001

(4) Supervised training, instruction, or activities of	9002
children in specific areas, including, but not limited to: art;	9003
drama; dance; music; gymnastics, swimming, or another athletic	9004
skill or sport; computers; or an educational subject conducted on	9005
an organized or periodic basis no more than one day a week and for	9006
no more than six hours duration;	9007

(5) Programs in which the director determines that at least	9008
one parent, custodian, or guardian of each child is on the	9009
premises of the facility offering child care and is readily	9010
accessible at all times, except that child care provided on the	9011
premises at which a parent, custodian, or guardian is employed	9012
more than two and one-half hours a day shall be licensed in	9013
accordance with division (A) of this section;	9014

(6)(a) Programs that provide child care funded and regulated	9015
or operated and regulated by state departments other than the	9016
department of job and family services or the state board of	9017
education when the director of job and family services has	9018
determined that the rules governing the program are equivalent to	9019
or exceed the rules promulgated pursuant to this chapter.	9020

Notwithstanding any exemption from regulation under this	9021
chapter, each state department shall submit to the director of job	9022
and family services a copy of the rules that govern programs that	9023
provide child care and are regulated or operated and regulated by	9024
the department. Annually, each state department shall submit to	9025
the director a report for each such program it regulates or	9026
operates and regulates that includes the following information:	9027

(i) The site location of the program;

9028

(ii) The maximum number of infants, toddlers, ~~preschool~~	9029
preschool-age children, or ~~school~~school-age children served by	9030
the program at one time;	9031

(iii) The number of adults providing child care for the	9032
number of infants, toddlers, ~~preschool~~preschool-age children, or	9033
~~school~~school-age children;	9034

(iv) Any changes in the rules made subsequent to the time	9035
when the rules were initially submitted to the director.	9036

The director shall maintain a record of the child care	9037
information submitted by other state departments and shall provide	9038
this information upon request to the general assembly or the	9039
public.	9040

(b) Child care programs conducted by boards of education or	9041
by chartered nonpublic schools that are conducted in school	9042
buildings and that provide child care to ~~school~~school-age	9043
children only shall be exempt from meeting or exceeding rules	9044
promulgated pursuant to this chapter.	9045

(7) Any preschool program or school child program, except a	9046
head start program, that is subject to licensure by the department	9047
of education under sections 3301.52 to 3301.59 of the Revised	9048
Code.	9049

(8) Any program providing child care that meets all of the	9050
following requirements and, on October 20, 1987, was being	9051
operated by a nonpublic school that holds a charter issued by the	9052
state board of education for kindergarten only:	9053

(a) The nonpublic school has given the notice to the state	9054
board and the director of job and family services required by	9055
Section 4 of Substitute House Bill No. 253 of the 117th general	9056
assembly;	9057

(b) The nonpublic school continues to be chartered by the	9058
state board for kindergarten, or receives and continues to hold a	9059
charter from the state board for kindergarten through grade five;	9060

9061

(d) The program is operated in accordance with rules	9062
promulgated by the state board under sections 3301.52 to 3301.57	9063
of the Revised Code.	9064

(9) A youth development program operated outside of school	9065
hours by a community-based center to which all of the following	9066
apply:	9067

(a) The children enrolled in the program are under nineteen	9068
years of age and enrolled in or eligible to be enrolled in a grade	9069
of kindergarten or above.	9070

(b) The program provides informal child care and at least two	9071
of the following supervised activities: educational, recreational,	9072
culturally enriching, social, and personal development activities.	9073

(c) The program is eligible for participation in the child	9074
and adult care food program as an outside-school-hours care center	9075
pursuant to standards established under section 3313.813 of the	9076
Revised Code.	9077

(d) The community-based center operating the program is	9078
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	9079
and (c)(3).	9080

Sec. 5104.031. (A) A child day-care center administrator	9081
shall show the director of job and family services both of the	9082
following:	9083

(1) Evidence of at least high school graduation or	9084
certification of high school equivalency by the state board of	9085
education or the appropriate agency of another state;	9086

(2) Evidence of having at least one of the following:

9087

(a) An associate, bachelor's, master's, doctoral, or other	9088
postgraduate degree in child development or early childhood	9089
education, or in a related field approved by the director, from an	9090
accredited college, university, or technical college;	9091

(b) A license designated as appropriate for teaching in an	9092
associate teaching position in a preschool setting issued by the	9093
state board of education pursuant to section 3319.22 of the	9094
Revised Code;	9095

(c) Designation under the career pathways model as an early	9096
childhood professional level three;	9097

(d) Two years of experience working as a child-care staff	9098
member in a licensed child care program, designation under the	9099
career pathways model as an early childhood professional level	9100
one, and, not later than one year after being named as	9101
administrator, designation under the career pathways model as an	9102
early childhood professional level two;	9103

(e) Two years of experience working as a child-care staff	9104
member in a licensed child care program and, except as provided in	9105
division (B) of this section, at least four courses in child	9106
development or early childhood education from an accredited	9107
college, university, or technical college;	9108

(f) Two years of experience working as a child-care staff	9109
member in a licensed child care program and a child development	9110
associate credential issued by the council for professional	9111
recognition;	9112

(g) Two years of training, including at least four courses in	9113
child development or early childhood education from an accredited	9114
college, university, or technical college;	9115

(h) An infant and toddler or early childhood credential from	9116
a program accredited by the Montessori accreditation council for	9117
teacher education.	9118

(B) A person who has two years of experience working as a	9119
child-care staff member in a child day-care center and is promoted	9120
to or designated as administrator of that center shall have one	9121
year from the date of the promotion or designation to complete the	9122
courses required by division (A)(1)(e) of this section.	9123

Sec. 5104.032. (A) All child-care staff members of a child	9124
day-care center shall be at least eighteen years of age, and shall	9125
furnish the director of job and family services evidence of at	9126
least high school graduation or certification of high school	9127
equivalency by the state board of education or the appropriate	9128
agency of another state or evidence of completion of a training	9129
program approved by the department of job and family services or	9130
state board of education, except as follows:	9131

(B) A child-care staff member may be less than eighteen years	9132
of age if the staff member is either of the following:	9133

(1) A graduate of a two-year vocational child-care training	9134
program approved by the state board of education;	9135

(2) A student enrolled in the second year of a vocational	9136
child-care training program approved by the state board of	9137
education which leads to high school graduation, provided that the	9138
student performs the student's duties in the child day-care center	9139
under the continuous supervision of an experienced child-care	9140
staff member, receives periodic supervision from the vocational	9141
child-care training program teacher-coordinator in the student's	9142
high school, and meets all other requirements of this chapter and	9143
rules adopted pursuant to this chapter.	9144

(C) A child-care staff member shall be exempt from the	9145
educational requirements of division (A) of this section if the	9146
staff member:	9147

(1) Prior to January 1, 1972, was employed or designated by a	9148
child day-care center and has been continuously employed since	9149
either by the same child day-care center employer or at the same	9150
child day-care center;	9151

(2) Is a student enrolled in the second year of a vocational	9152
child-care training program approved by the state board of	9153
education which leads to high school graduation, provided that the	9154
student performs the student's duties in the child day-care center	9155
under the continuous supervision of an experienced child-care	9156
staff member, receives periodic supervision from the vocational	9157
child-care training program teacher-coordinator in the student's	9158
high school, and meets all other requirements of this chapter and	9159
rules adopted pursuant to this chapter;	9160

(3) Is receiving or has completed the final year of	9161
instruction at home as authorized under section 3321.04 of the	9162
Revised Code or has graduated from a nonchartered, nonpublic	9163
school in Ohio.	9164

Sec. 5104.033. (A) Except as provided in division (B) of	9165
this section, each child-care staff member of a child day-care	9166
center annually shall complete fifteen hours of inservice training	9167
that includes the following subjects until the staff member has	9168
completed a total of forty-five hours of training:	9169

(1) Child development or early childhood education;

9170

(2) Child abuse recognition and prevention;

9171

(3) First aid;

9172

(4) Prevention, recognition, and management of communicable	9173
diseases.	9174

(B) A child-care staff member is exempt from the inservice	9175
training requirements established by division (A) of this section	9176
if the staff member furnishes one of the following to the director	9177
of job and family services:	9178

(1) Evidence of an associate or higher degree in child	9179
development or early childhood education from an accredited	9180
college, university, or technical college;	9181

(2) A license designated for teaching in an associate	9182
teaching position in a preschool setting issued by the state board	9183
of education;	9184

(3) Evidence of a child development associate credential;

9185

(4) Evidence of an infant and toddler or early childhood	9186
credential from a program accredited by the Montessori	9187
accreditation council for teacher education.	9188

(C) For purposes of this section, each hour of inservice	9189
training shall consist of sixty minutes of training.	9190

Sec. 5104.21. (A) The department of job and family services	9191
shall register child day camps and enforce this section and	9192
section 5104.22 of the Revised Code and the rules adopted pursuant	9193
to those sections. No person, firm, organization, institution, or	9194
agency shall operate a child day camp without annually registering	9195
with the department.	9196

(B) A person, firm, institution, organization, or agency	9197
operating any of the following programs is exempt from the	9198
provisions of this section and section 5104.22 of the Revised	9199
Code:	9200

(1) A child day camp that operates for two or less	9201
consecutive weeks and for no more than a total of two weeks during	9202
each calendar year;	9203

(2) Supervised training, instruction, or activities of	9204
children that is conducted on an organized or periodic basis no	9205
more than one day a week and for no more than six hours' duration	9206
and that is conducted in specific areas, including, but not	9207
limited to, art; drama; dance; music; gymnastics, swimming, or	9208
another athletic skill or sport; computers; or an educational	9209
subject;	9210

(3) Programs in which the department determines that at least	9211
one parent, custodian, or guardian of each child attending or	9212
participating in the child day camp is on the child day camp	9213
activity site and is readily accessible at all times, except that	9214
a child day camp on the premises of a parent's, custodian's, or	9215
guardian's place of employment shall be registered in accordance	9216
with division (A) of this section;	9217

(4) Child day camps funded and regulated or operated and	9218
regulated by any state department, other than the department of	9219
job and family services, when the department of job and family	9220
services has determined that the rules governing the child day	9221
camp are equivalent to or exceed the rules adopted pursuant to	9222
this section and section 5104.22 of the Revised Code.	9223

(C) A person, firm, organization, institution, or agency	9224
operating a child day camp that is exempt under division (B) of	9225
this section from registering under division (A) of this section	9226
may elect to register itself under division (A) of this section.	9227
All requirements of this section and the rules adopted pursuant to	9228
this section shall apply to any exempt child day camp that so	9229
elects to register.	9230

(D) The director of job and family services shall adopt	9231
pursuant to Chapter 119. of the Revised Code rules prescribing the	9232
registration form and establishing the procedure for the child day	9233
camps to register. The form shall not be longer than one	9234
typewritten page and shall state both of the following:	9235

(1) That the child day camp administrator or the	9236
administrator's representative agrees to provide the parents of	9237
each ~~school~~school-age child who attends or participates in that	9238
child day camp with the telephone number of the county department	9239
of health and the public children services agency of the county in	9240
which the child day camp is located;	9241

(2) That the child day camp administrator or the	9242
administrator's representative agrees to permit a public children	9243
services agency or the county department of health to review or	9244
inspect the child day camp if a complaint is made to that	9245
department or any other state department or public children	9246
services agency against that child day camp.	9247

(E) The department may charge a fee to register a child day	9248
camp. The fee for each child day camp shall be twenty-five	9249
dollars. No organization that operates, or owner of, child day	9250
camps shall pay a fee that exceeds two hundred fifty dollars for	9251
all of its child day camps.	9252

(F) If a child day camp that is required to register under	9253
this section fails to register with the department in accordance	9254
with this section or the rules adopted pursuant to it or if a	9255
child day camp that files a registration form under this section	9256
knowingly provides false or misleading information on the	9257
registration form, the department shall require the child day camp	9258
to register or register correctly and to pay a registration fee	9259
that equals three times the registration fee as set forth in	9260
division (E) of this section.	9261

(G) A child day camp administrator or the administrator's	9262
representative shall provide the parents of each ~~school~~school-age	9263
child who attends or participates in that child day camp with the	9264
telephone numbers of the county department of health and the	9265
county public children services agency of the county in which the	9266
child day camp is located and a statement that the parents may use	9267
these telephone numbers to contact or otherwise contact the	9268
departments or agency to make a complaint regarding the child day	9269
camp.	9270

Sec. 5104.30. (A) The department of job and family services	9271
is hereby designated as the state agency responsible for	9272
administration and coordination of federal and state funding for	9273
publicly funded child care in this state. Publicly funded child	9274
care shall be provided to the following:	9275

(1) Recipients of transitional child care as provided under	9276
section 5104.34 of the Revised Code;	9277

(2) Participants in the Ohio works first program established	9278
under Chapter 5107. of the Revised Code;	9279

(3) Individuals who would be participating in the Ohio works	9280
first program if not for a sanction under section 5107.16 of the	9281
Revised Code and who continue to participate in a work activity,	9282
developmental activity, or alternative work activity pursuant to	9283
an assignment under section 5107.42 of the Revised Code;	9284

(4) A family receiving publicly funded child care on October	9285
1, 1997, until the family's income reaches one hundred fifty per	9286
cent of the federal poverty line;	9287

(5) Subject to available funds, other individuals determined	9288
eligible in accordance with rules adopted under section 5104.38 of	9289
the Revised Code.	9290

The department shall apply to the United States department of	9291
health and human services for authority to operate a coordinated	9292
program for publicly funded child care, if the director of job and	9293
family services determines that the application is necessary. For	9294
purposes of this section, the department of job and family	9295
services may enter into agreements with other state agencies that	9296
are involved in regulation or funding of child care. The	9297
department shall consider the special needs of migrant workers	9298
when it administers and coordinates publicly funded child care and	9299
shall develop appropriate procedures for accommodating the needs	9300
of migrant workers for publicly funded child care.	9301

(B) The department of job and family services shall	9302
distribute state and federal funds for publicly funded child care,	9303
including appropriations of state funds for publicly funded child	9304
care and appropriations of federal funds available under the child	9305
care block grant act, Title IV-A, and Title XX. The department may	9306
use any state funds appropriated for publicly funded child care as	9307
the state share required to match any federal funds appropriated	9308
for publicly funded child care.	9309

(C) In the use of federal funds available under the child	9310
care block grant act, all of the following apply:	9311

(1) The department may use the federal funds to hire staff to	9312
prepare any rules required under this chapter and to administer	9313
and coordinate federal and state funding for publicly funded child	9314
care.	9315

(2) Not more than five per cent of the aggregate amount of	9316
the federal funds received for a fiscal year may be expended for	9317
administrative costs.	9318

(3) The department shall allocate and use at least four per	9319
cent of the federal funds for the following:	9320

(a) Activities designed to provide comprehensive consumer	9321
education to parents and the public;	9322

(b) Activities that increase parental choice;

9323

(c) Activities, including child care resource and referral	9324
services, designed to improve the quality, and increase the	9325
supply, of child care;	9326

(d) Establishing a ~~voluntary child day-care center~~	9327
~~quality-rating program~~tiered quality rating and improvement	9328
system in which participation in the program may allow a child	9329
day-care ~~center~~providers to be eligible for grants, technical	9330
assistance, training, or other assistance and become eligible for	9331
unrestricted monetary awards for maintaining a quality rating.	9332

(4) The department shall ensure that the federal funds will	9333
be used only to supplement, and will not be used to supplant,	9334
federal, state, and local funds available on the effective date of	9335
the child care block grant act for publicly funded child care and	9336
related programs. If authorized by rules adopted by the department	9337
pursuant to section 5104.42 of the Revised Code, county	9338
departments of job and family services may purchase child care	9339
from funds obtained through any other means.	9340

(D) The department shall encourage the development of	9341
suitable child care throughout the state, especially in areas with	9342
high concentrations of recipients of public assistance and	9343
families with low incomes. The department shall encourage the	9344
development of suitable child care designed to accommodate the	9345
special needs of migrant workers. On request, the department,	9346
through its employees or contracts with state or community child	9347
care resource and referral service organizations, shall provide	9348
consultation to groups and individuals interested in developing	9349
child care. The department of job and family services may enter	9350
into interagency agreements with the department of education, the	9351
board of regents, the department of development, and other state	9352
agencies and entities whenever the cooperative efforts of the	9353
other state agencies and entities are necessary for the department	9354
of job and family services to fulfill its duties and	9355
responsibilities under this chapter.	9356

The department shall develop and maintain a registry of	9357
persons providing child care. The director shall adopt rules	9358
pursuant to Chapter 119. of the Revised Code establishing	9359
procedures and requirements for the registry's administration.	9360

(E)(1) The director shall adopt rules in accordance with	9361
Chapter 119. of the Revised Code establishing both of the	9362
following:	9363

(a) Reimbursement ceilings for providers of publicly funded	9364
child care not later than the first day of July in each	9365
odd-numbered year;	9366

(b) A procedure for reimbursing and paying providers of	9367
publicly funded child care.	9368

(2) In establishing reimbursement ceilings under division	9369
(E)(1)(a) of this section, the director shall do all of the	9370
following:	9371

(a) Use the information obtained under division (B)(3) of	9372
section 5104.04 of the Revised Code;	9373

(b) Establish an enhanced reimbursement ceiling for providers	9374
who provide child care for caretaker parents who work	9375
nontraditional hours;	9376

(c) For a type B family day-care home provider that has	9377
received limited certification pursuant to rules adopted under	9378
division (G)(1) of section 5104.011 of the Revised Code, establish	9379
a reimbursement ceiling that is the following:	9380

(i) If the provider is a person described in division	9381
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	9382
per cent of the reimbursement ceiling that applies to a type B	9383
family day-care home certified by the same county department of	9384
job and family services pursuant to section 5104.11 of the Revised	9385
Code;	9386

(ii) If the provider is a person described in division	9387
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	9388
cent of the reimbursement ceiling that applies to a type B family	9389
day-care home certified by the same county department pursuant to	9390
section 5104.11 of the Revised Code.	9391

(d) With regard to the ~~voluntary child day-care center~~	9392
~~quality-rating program~~tiered quality rating and improvement	9393
system established pursuant to division (C)(3)(d) of this section,	9394
do both of the following:	9395

(i) Establish enhanced reimbursement ceilings for child	9396
day-care ~~centers~~providers that participate in the ~~program~~system	9397
and maintain quality ratings under the ~~program~~system;	9398

(ii) ~~Weigh~~In the case of child day-care providers that have	9399
been given access to the system by the department, weigh any	9400
reduction in reimbursement ceilings more heavily against ~~child~~	9401
~~day-care centers~~those providers that do not participate in the	9402
~~program~~system or do not maintain quality ratings under the	9403
~~program~~system.	9404

(3) In establishing reimbursement ceilings under division	9405
(E)(1)(a) of this section, the director may establish different	9406
reimbursement ceilings based on any of the following:	9407

(a) Geographic location of the provider;

9408

(b) Type of care provided;

9409

9410

(d) Special needs of the child served;

9411

(e) Whether the expanded hours of service are provided;

9412

(f) Whether weekend service is provided;

9413

(g) Whether the provider has exceeded the minimum	9414
requirements of state statutes and rules governing child care;	9415

(h) Any other factors the director considers appropriate.

9416

(F) The director shall adopt rules in accordance with Chapter	9417
119. of the Revised Code to implement the ~~voluntary child day-care~~	9418
~~center quality-rating program~~tiered quality rating and	9419
improvement system described in division (C)(3)(d) of this	9420
section.	9421

Sec. 5104.31. (A) Publicly funded child care may be provided	9422
only by the following:	9423

(1) A child day-care center or type A family day-care home,	9424
including a parent cooperative child day-care center or parent	9425
cooperative type A family day-care home, licensed by the	9426
department of job and family services pursuant to section 5104.03	9427
of the Revised Code;	9428

(2) A type B family day-care home certified by the county	9429
department of job and family services pursuant to section 5104.11	9430
of the Revised Code;	9431

(3) A type B family day-care home that has received a limited	9432
certification pursuant to rules adopted under division (G)(1) of	9433
section 5104.011 of the Revised Code;	9434

(4) An in-home aide who has been certified by the county	9435
department of job and family services pursuant to section 5104.12	9436
of the Revised Code;	9437

(5) A child day camp approved pursuant to section 5104.22 of	9438
the Revised Code;	9439

(6) A licensed preschool program;

9440

(7) A licensed school child program;

9441

(8) A border state child care provider, except that a border	9442
state child care provider may provide publicly funded child care	9443
only to an individual who resides in an Ohio county that borders	9444
the state in which the provider is located.	9445

(B) Publicly funded child day-care may be provided in a	9446
child's own home only by an in-home aide.	9447

(C) Beginning July 1, 2020, publicly funded child care may be	9448
provided only by a provider that is rated through the tiered	9449
quality rating and improvement system established pursuant to	9450
section 5104.30 of the Revised Code.	9451

Sec. 5104.34. (A)(1) Each county department of job and	9452
family services shall implement procedures for making	9453
determinations of eligibility for publicly funded child care.	9454
Under those procedures, the eligibility determination for each	9455
applicant shall be made no later than thirty calendar days from	9456
the date the county department receives a completed application	9457
for publicly funded child care. Each applicant shall be notified	9458
promptly of the results of the eligibility determination. An	9459
applicant aggrieved by a decision or delay in making an	9460
eligibility determination may appeal the decision or delay to the	9461
department of job and family services in accordance with section	9462
5101.35 of the Revised Code. The due process rights of applicants	9463
shall be protected.	9464

To the extent permitted by federal law, the county department	9465
may make all determinations of eligibility for publicly funded	9466
child care, may contract with child care providers or child care	9467
resource and referral service organizations for the providers or	9468
resource and referral service organizations to make all or any	9469
part of the determinations, and may contract with child care	9470
providers or child care resource and referral service	9471
organizations for the providers or resource and referral service	9472
organizations to collect specified information for use by the	9473
county department in making determinations. If a county department	9474
contracts with a child care provider or a child care resource and	9475
referral service organization for eligibility determinations or	9476
for the collection of information, the contract shall require the	9477
provider or resource and referral service organization to make	9478
each eligibility determination no later than thirty calendar days	9479
from the date the provider or resource and referral organization	9480
receives a completed application that is the basis of the	9481
determination and to collect and transmit all necessary	9482
information to the county department within a period of time that	9483
enables the county department to make each eligibility	9484
determination no later than thirty days after the filing of the	9485
application that is the basis of the determination.	9486

The county department may station employees of the department	9487
in various locations throughout the county to collect information	9488
relevant to applications for publicly funded child care and to	9489
make eligibility determinations. The county department, child care	9490
provider, and child care resource and referral service	9491
organization shall make each determination of eligibility for	9492
publicly funded child care no later than thirty days after the	9493
filing of the application that is the basis of the determination,	9494
shall make each determination in accordance with any relevant	9495
rules adopted pursuant to section 5104.38 of the Revised Code, and	9496
shall notify promptly each applicant for publicly funded child	9497
care of the results of the determination of the applicant's	9498
eligibility.	9499

The director of job and family services shall adopt rules in	9500
accordance with Chapter 119. of the Revised Code for monitoring	9501
the eligibility determination process. In accordance with those	9502
rules, the state department shall monitor eligibility	9503
determinations made by county departments of job and family	9504
services and shall direct any entity that is not in compliance	9505
with this division or any rule adopted under this division to	9506
implement corrective action specified by the department.	9507

(2) All eligibility determinations for publicly funded child	9508
care shall be made in accordance with rules adopted pursuant to	9509
division (A) of section 5104.38 of the Revised Code and, if a	9510
county department of job and family services specifies, pursuant	9511
to rules adopted under division (B) of that section, a maximum	9512
amount of income a family may have to be eligible for publicly	9513
funded child care, the income maximum specified by the county	9514
department. Publicly funded child care may be provided only to	9515
eligible infants, toddlers, ~~preschool~~preschool-age children, and	9516
~~school~~school-age children under age thirteen. For an applicant to	9517
be eligible for publicly funded child care, the caretaker parent	9518
must be employed or participating in a program of education or	9519
training for an amount of time reasonably related to the time that	9520
the parent's children are receiving publicly funded child care.	9521
This restriction does not apply to families whose children are	9522
eligible for protective child care.	9523

Subject to available funds, a county department of job and	9524
family services shall allow a family to receive publicly funded	9525
child care unless the family's income exceeds the maximum income	9526
eligibility limit. Initial and continued eligibility for publicly	9527
funded child care is subject to available funds unless the family	9528
is receiving child care pursuant to division (A)(1), (2), (3), or	9529
(4) of section 5104.30 of the Revised Code. If the county	9530
department must limit eligibility due to lack of available funds,	9531
it shall give first priority for publicly funded child care to an	9532
assistance group whose income is not more than the maximum income	9533
eligibility limit that received transitional child care in the	9534
previous month but is no longer eligible because the twelve-month	9535
period has expired. Such an assistance group shall continue to	9536
receive priority for publicly funded child care until its income	9537
exceeds the maximum income eligibility limit.	9538

(3) An assistance group that ceases to participate in the	9539
Ohio works first program established under Chapter 5107. of the	9540
Revised Code is eligible for transitional child care at any time	9541
during the immediately following twelve-month period that both of	9542
the following apply:	9543

(a) The assistance group requires child care due to	9544
employment;	9545

(b) The assistance group's income is not more than one	9546
hundred fifty per cent of the federal poverty line.	9547

An assistance group ineligible to participate in the Ohio	9548
works first program pursuant to section 5101.83 or section 5107.16	9549
of the Revised Code is not eligible for transitional child care.	9550

(B) To the extent permitted by federal law, a county	9551
department of job and family services may require a caretaker	9552
parent determined to be eligible for publicly funded child care to	9553
pay a fee according to the schedule of fees established in rules	9554
adopted under section 5104.38 of the Revised Code. Each county	9555
department shall make protective child care services available to	9556
children without regard to the income or assets of the caretaker	9557
parent of the child.	9558

(C) A caretaker parent receiving publicly funded child care	9559
shall report to the entity that determined eligibility any changes	9560
in status with respect to employment or participation in a program	9561
of education or training not later than ten calendar days after	9562
the change occurs.	9563

(D) If a county department of job and family services	9564
determines that available resources are not sufficient to provide	9565
publicly funded child care to all eligible families who request	9566
it, the county department may establish a waiting list. A county	9567
department may establish separate waiting lists within the waiting	9568
list based on income. When resources become available to provide	9569
publicly funded child care to families on the waiting list, a	9570
county department that establishes a waiting list shall assess the	9571
needs of the next family scheduled to receive publicly funded	9572
child care. If the assessment demonstrates that the family	9573
continues to need and is eligible for publicly funded child care,	9574
the county department shall offer it to the family. If the county	9575
department determines that the family is no longer eligible or no	9576
longer needs publicly funded child care, the county department	9577
shall remove the family from the waiting list.	9578

(E) A caretaker parent shall not receive full-time publicly	9579
funded child care from more than one child care provider per child	9580
during any period.	9581

(F) As used in this section, "maximum income eligibility	9582
limit" means the amount of income specified in rules adopted under	9583
division (A) of section 5104.38 of the Revised Code or, if a	9584
county department of job and family services specifies a higher	9585
amount pursuant to rules adopted under division (B) of that	9586
section, the amount the county department specifies.	9587

Sec. 5104.38. In addition to any other rules adopted under	9588
this chapter, the director of job and family services shall adopt	9589
rules in accordance with Chapter 119. of the Revised Code	9590
governing financial and administrative requirements for publicly	9591
funded child care and establishing all of the following:	9592

(A) Procedures and criteria to be used in making	9593
determinations of eligibility for publicly funded child care that	9594
give priority to children of families with lower incomes and	9595
procedures and criteria for eligibility for publicly funded	9596
protective child care. The rules shall specify the maximum amount	9597
of income a family may have for initial and continued eligibility.	9598
The maximum amount shall not exceed two hundred per cent of the	9599
federal poverty line. The rules may specify exceptions to the	9600
eligibility requirements in the case of a family that previously	9601
received publicly funded child care and is seeking to have the	9602
child care reinstated after the family's eligibility was	9603
terminated.	9604

(B) Procedures under which a county department of job and	9605
family services may, if the department, under division (A) of this	9606
section, specifies a maximum amount of income a family may have	9607
for eligibility for publicly funded child care that is less than	9608
the maximum amount specified in that division, specify a maximum	9609
amount of income a family residing in the county the county	9610
department serves may have for initial and continued eligibility	9611
for publicly funded child care that is higher than the amount	9612
specified by the department but does not exceed the maximum amount	9613
specified in division (A) of this section;	9614

(C) A schedule of fees requiring all eligible caretaker	9615
parents to pay a fee for publicly funded child care according to	9616
income and family size, which shall be uniform for all types of	9617
publicly funded child care, except as authorized by rule, and, to	9618
the extent permitted by federal law, shall permit the use of state	9619
and federal funds to pay the customary deposits and other advance	9620
payments that a provider charges all children who receive child	9621
care from that provider. The schedule of fees may not provide for	9622
a caretaker parent to pay a fee that exceeds ten per cent of the	9623
parent's family income.	9624

(D) A formula for determining the amount of state and federal	9625
funds appropriated for publicly funded child care that may be	9626
allocated to a county department to use for administrative	9627
purposes;	9628

(E) Procedures to be followed by the department and county	9629
departments in recruiting individuals and groups to become	9630
providers of child care;	9631

(F) Procedures to be followed in establishing state or local	9632
programs designed to assist individuals who are eligible for	9633
publicly funded child care in identifying the resources available	9634
to them and to refer the individuals to appropriate sources to	9635
obtain child care;	9636

(G) Procedures to deal with fraud and abuse committed by	9637
either recipients or providers of publicly funded child care;	9638

(H) Procedures for establishing a child care grant or loan	9639
program in accordance with the child care block grant act;	9640

(I) Standards and procedures for applicants to apply for	9641
grants and loans, and for the department to make grants and loans;	9642

(J) A definition of "person who stands in loco parentis" for	9643
the purposes of division ~~(JJ)~~(KK)(1) of section 5104.01 of the	9644
Revised Code;	9645

(K) Procedures for a county department of job and family	9646
services to follow in making eligibility determinations and	9647
redeterminations for publicly funded child care available through	9648
telephone, computer, and other means at locations other than the	9649
county department;	9650

(L) If the director establishes a different reimbursement	9651
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	9652
Code, standards and procedures for determining the amount of the	9653
higher payment that is to be issued to a child care provider based	9654
on the special needs of the child being served;	9655

(M) To the extent permitted by federal law, procedures for	9656
paying for up to thirty days of child care for a child whose	9657
caretaker parent is seeking employment, taking part in employment	9658
orientation activities, or taking part in activities in	9659
anticipation of enrolling in or attending an education or training	9660
program or activity, if the employment or the education or	9661
training program or activity is expected to begin within the	9662
thirty-day period;	9663

(N) Any other rules necessary to carry out sections 5104.30	9664
to 5104.43 of the Revised Code.	9665

Sec. 5123.022. It is hereby declared to be the policy of this	9666
state that employment services for individuals with developmental	9667
disabilities be directed at placement whenever possible of each	9668
individual in a position in the community in which the individual	9669
is integrated with the employer's other workers who are not	9670
developmentally disabled. The departments of developmental	9671
disabilities, education, job and family services, and mental	9672
health; the rehabilitation services commission; and each other	9673
state agency that provides employment services to individuals with	9674
developmental disabilities shall implement this policy and ensure	9675
that it is followed whenever employment services are provided to	9676
individuals with developmental disabilities.	9677

The department of developmental disabilities shall coordinate	9678
the actions taken by state agencies to comply with the state's	9679
policy. Agencies shall collaborate within their divisions and with	9680
each other to ensure that state programs, policies, procedures,	9681
and funding support competitive and integrated employment of	9682
individuals with developmental disabilities. State agencies shall	9683
share information with the department, and the department shall	9684
track progress toward full implementation of the policy. The	9685
department, in coordination with any task force established by the	9686
governor, shall compile data and annually submit to the governor a	9687
report on implementation of the policy.	9688

The department and state agencies may adopt rules to	9689
implement the policy.	9690

The policy articulated in this section is intended to promote	9691
the right of each individual with a developmental disability to	9692
informed choice; however, nothing in this section requires any	9693
employer to give preference in hiring to an individual because the	9694
individual has a disability.	9695

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	9696
the Revised Code:	9697

(1) "School district," "joint vocational school district,"	9698
"local taxing unit," "recognized valuation," "fixed-rate levy,"	9699
and "fixed-sum levy" have the same meanings as used in section	9700
5727.84 of the Revised Code.	9701

(2) "State education aid" for a school district means the	9702
following:	9703

(a) For fiscal years prior to fiscal year 2010, the sum of	9704
state aid amounts computed for the district under the following	9705
provisions, as they existed for the applicable fiscal year:	9706
division (A) of section 3317.022 of the Revised Code, including	9707
the amounts calculated under sections 3317.029 and 3317.0217 of	9708
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	9709
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	9710
divisions (L) and (N) of section 3317.024; section 3317.0216; and	9711
any unit payments for gifted student services paid under sections	9712
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	9713
for fiscal years 2008 and 2009, the amount computed for the	9714
district under Section 269.20.80 of H.B. 119 of the 127th general	9715
assembly and as that section subsequently may be amended shall be	9716
substituted for the amount computed under division (D) of section	9717
3317.022 of the Revised Code, and the amount computed under	9718
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	9719
that section subsequently may be amended shall be included.	9720

(b) For fiscal years 2010 and 2011, the sum of the amounts	9721
computed under former sections 3306.052, 3306.12, 3306.13,	9722
3306.19, 3306.191, and 3306.192 of the Revised Code;	9723

(c) For fiscal years 2012 and 2013, the ~~amount~~sum of the	9724
amounts paid ~~in accordance with the section~~under Sections	9725
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th	9726
general assembly ~~entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND~~	9727
~~LOCAL SCHOOL DISTRICTS~~."	9728

(3) "State education aid" for a joint vocational school	9729
district means the following:	9730

(a) For fiscal years prior to fiscal year 2010, the sum of	9731
the state aid computed for the district under division (N) of	9732
section 3317.024 and section 3317.16 of the Revised Code, except	9733
that, for fiscal years 2008 and 2009, the amount computed under	9734
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	9735
that section subsequently may be amended shall be included.	9736

(b) For fiscal years 2010 and 2011, the amount paid in	9737
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	9738
128th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	9739
~~SCHOOL DISTRICTS~~."	9740

(c) For fiscal years 2012 and 2013, the amount paid in	9741
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	9742
129th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	9743
~~SCHOOL DISTRICTS~~."	9744

(4) "State education aid offset" means the amount determined	9745
for each school district or joint vocational school district under	9746
division (A)(1) of section 5751.21 of the Revised Code.	9747

(5) "Machinery and equipment property tax value loss" means	9748
the amount determined under division (C)(1) of this section.	9749

(6) "Inventory property tax value loss" means the amount	9750
determined under division (C)(2) of this section.	9751

(7) "Furniture and fixtures property tax value loss" means	9752
the amount determined under division (C)(3) of this section.	9753

(8) "Machinery and equipment fixed-rate levy loss" means the	9754
amount determined under division (D)(1) of this section.	9755

(9) "Inventory fixed-rate levy loss" means the amount	9756
determined under division (D)(2) of this section.	9757

(10) "Furniture and fixtures fixed-rate levy loss" means the	9758
amount determined under division (D)(3) of this section.	9759

(11) "Total fixed-rate levy loss" means the sum of the	9760
machinery and equipment fixed-rate levy loss, the inventory	9761
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	9762
loss, and the telephone company fixed-rate levy loss.	9763

(12) "Fixed-sum levy loss" means the amount determined under	9764
division (E) of this section.	9765

(13) "Machinery and equipment" means personal property	9766
subject to the assessment rate specified in division (F) of	9767
section 5711.22 of the Revised Code.	9768

(14) "Inventory" means personal property subject to the	9769
assessment rate specified in division (E) of section 5711.22 of	9770
the Revised Code.	9771

(15) "Furniture and fixtures" means personal property subject	9772
to the assessment rate specified in division (G) of section	9773
5711.22 of the Revised Code.	9774

(16) "Qualifying levies" are levies in effect for tax year	9775
2004 or applicable to tax year 2005 or approved at an election	9776
conducted before September 1, 2005. For the purpose of determining	9777
the rate of a qualifying levy authorized by section 5705.212 or	9778
5705.213 of the Revised Code, the rate shall be the rate that	9779
would be in effect for tax year 2010.	9780

(17) "Telephone property" means tangible personal property of	9781
a telephone, telegraph, or interexchange telecommunications	9782
company subject to an assessment rate specified in section	9783
5727.111 of the Revised Code in tax year 2004.	9784

(18) "Telephone property tax value loss" means the amount	9785
determined under division (C)(4) of this section.	9786

(19) "Telephone property fixed-rate levy loss" means the	9787
amount determined under division (D)(4) of this section.	9788

(20) "Taxes charged and payable" means taxes charged and	9789
payable after the reduction required by section 319.301 of the	9790
Revised Code but before the reductions required by sections	9791
319.302 and 323.152 of the Revised Code.	9792

(21) "Median estate tax collections" means, in the case of a	9793
municipal corporation to which revenue from the taxes levied in	9794
Chapter 5731. of the Revised Code was distributed in each of	9795
calendar years 2006, 2007, 2008, and 2009, the median of those	9796
distributions. In the case of a municipal corporation to which no	9797
distributions were made in one or more of those years, "median	9798
estate tax collections" means zero.	9799

(22) "Total resources," in the case of a school district,	9800
means the sum of the amounts in divisions (A)(22)(a) to (h) of	9801
this section less any reduction required under division (A)(32) of	9802
this section.	9803

(a) The state education aid for fiscal year 2010;

9804

(b) The sum of the payments received by the school district	9805
in fiscal year 2010 for current expense levy losses pursuant to	9806
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	9807
section 5751.21 of the Revised Code, excluding the portion of such	9808
payments attributable to levies for joint vocational school	9809
district purposes;	9810

(c) The sum of fixed-sum levy loss payments received by the	9811
school district in fiscal year 2010 pursuant to division (E)(1) of	9812
section 5727.85 and division (E)(1) of section 5751.21 of the	9813
Revised Code for fixed-sum levies imposed for a purpose other than	9814
paying debt charges;	9815

(d) Fifty per cent of the school district's taxes charged and	9816
payable against all property on the tax list of real and public	9817
utility property for current expense purposes for tax year 2008,	9818
including taxes charged and payable from emergency levies imposed	9819
under section 5709.194 of the Revised Code and excluding taxes	9820
levied for joint vocational school district purposes;	9821

(e) Fifty per cent of the school district's taxes charged and	9822
payable against all property on the tax list of real and public	9823
utility property for current expenses for tax year 2009, including	9824
taxes charged and payable from emergency levies and excluding	9825
taxes levied for joint vocational school district purposes;	9826

(f) The school district's taxes charged and payable against	9827
all property on the general tax list of personal property for	9828
current expenses for tax year 2009, including taxes charged and	9829
payable from emergency levies;	9830

(g) The amount certified for fiscal year 2010 under division	9831
(A)(2) of section 3317.08 of the Revised Code;	9832

(h) Distributions received during calendar year 2009 from	9833
taxes levied under section 718.09 of the Revised Code.	9834

(23) "Total resources," in the case of a joint vocational	9835
school district, means the sum of amounts in divisions (A)(23)(a)	9836
to (g) of this section less any reduction required under division	9837
(A)(32) of this section.	9838

(a) The state education aid for fiscal year 2010;

9839

(b) The sum of the payments received by the joint vocational	9840
school district in fiscal year 2010 for current expense levy	9841
losses pursuant to division (C)(2) of section 5727.85 and	9842
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	9843

(c) Fifty per cent of the joint vocational school district's	9844
taxes charged and payable against all property on the tax list of	9845
real and public utility property for current expense purposes for	9846
tax year 2008;	9847

(d) Fifty per cent of the joint vocational school district's	9848
taxes charged and payable against all property on the tax list of	9849
real and public utility property for current expenses for tax year	9850
2009;	9851

(e) Fifty per cent of a city, local, or exempted village	9852
school district's taxes charged and payable against all property	9853
on the tax list of real and public utility property for current	9854
expenses of the joint vocational school district for tax year	9855
2008;	9856

(f) Fifty per cent of a city, local, or exempted village	9857
school district's taxes charged and payable against all property	9858
on the tax list of real and public utility property for current	9859
expenses of the joint vocational school district for tax year	9860
2009;	9861

(g) The joint vocational school district's taxes charged and	9862
payable against all property on the general tax list of personal	9863
property for current expenses for tax year 2009.	9864

(24) "Total resources," in the case of county mental health	9865
and disability related functions, means the sum of the amounts in	9866
divisions (A)(24)(a) and (b) of this section less any reduction	9867
required under division (A)(32) of this section.	9868

(a) The sum of the payments received by the county for mental	9869
health and developmental disability related functions in calendar	9870
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	9871
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	9872
they existed at that time;	9873

(b) With respect to taxes levied by the county for mental	9874
health and developmental disability related purposes, the taxes	9875
charged and payable for such purposes against all property on the	9876
tax list of real and public utility property for tax year 2009.	9877

(25) "Total resources," in the case of county senior services	9878
related functions, means the sum of the amounts in divisions	9879
(A)(25)(a) and (b) of this section less any reduction required	9880
under division (A)(32) of this section.	9881

(a) The sum of the payments received by the county for senior	9882
services related functions in calendar year 2010 under division	9883
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	9884
5751.22 of the Revised Code as they existed at that time;	9885

(b) With respect to taxes levied by the county for senior	9886
services related purposes, the taxes charged and payable for such	9887
purposes against all property on the tax list of real and public	9888
utility property for tax year 2009.	9889

(26) "Total resources," in the case of county children's	9890
services related functions, means the sum of the amounts in	9891
divisions (A)(26)(a) and (b) of this section less any reduction	9892
required under division (A)(32) of this section.	9893

(a) The sum of the payments received by the county for	9894
children's services related functions in calendar year 2010 under	9895
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	9896
section 5751.22 of the Revised Code as they existed at that time;	9897

(b) With respect to taxes levied by the county for children's	9898
services related purposes, the taxes charged and payable for such	9899
purposes against all property on the tax list of real and public	9900
utility property for tax year 2009.	9901

(27) "Total resources," in the case of county public health	9902
related functions, means the sum of the amounts in divisions	9903
(A)(27)(a) and (b) of this section less any reduction required	9904
under division (A)(32) of this section.	9905

(a) The sum of the payments received by the county for public	9906
health related functions in calendar year 2010 under division	9907
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	9908
5751.22 of the Revised Code as they existed at that time;	9909

(b) With respect to taxes levied by the county for public	9910
health related purposes, the taxes charged and payable for such	9911
purposes against all property on the tax list of real and public	9912
utility property for tax year 2009.	9913

(28) "Total resources," in the case of all county functions	9914
not included in divisions (A)(24) to (27) of this section, means	9915
the sum of the amounts in divisions (A)(28)(a) to (d) of this	9916
section less any reduction required under division (A)(32) of this	9917
section.	9918

(a) The sum of the payments received by the county for all	9919
other purposes in calendar year 2010 under division (A)(1) of	9920
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	9921
the Revised Code as they existed at that time;	9922

(b) The county's percentage share of county undivided local	9923
government fund allocations as certified to the tax commissioner	9924
for calendar year 2010 by the county auditor under division (J) of	9925
section 5747.51 of the Revised Code or division (F) of section	9926
5747.53 of the Revised Code multiplied by the total amount	9927
actually distributed in calendar year 2010 from the county	9928
undivided local government fund;	9929

(c) With respect to taxes levied by the county for all other	9930
purposes, the taxes charged and payable for such purposes against	9931
all property on the tax list of real and public utility property	9932
for tax year 2009, excluding taxes charged and payable for the	9933
purpose of paying debt charges;	9934

(d) The sum of the amounts distributed to the county in	9935
calendar year 2010 for the taxes levied pursuant to sections	9936
5739.021 and 5741.021 of the Revised Code.	9937

(29) "Total resources," in the case of a municipal	9938
corporation, means the sum of the amounts in divisions (A)(29)(a)	9939
to (g) of this section less any reduction required under division	9940
(A)(32) of this section.	9941

(a) The sum of the payments received by the municipal	9942
corporation in calendar year 2010 under division (A)(1) of section	9943
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	9944
Revised Code as they existed at that time;	9945

(b) The municipal corporation's percentage share of county	9946
undivided local government fund allocations as certified to the	9947
tax commissioner for calendar year 2010 by the county auditor	9948
under division (J) of section 5747.51 of the Revised Code or	9949
division (F) of section 5747.53 of the Revised Code multiplied by	9950
the total amount actually distributed in calendar year 2010 from	9951
the county undivided local government fund;	9952

(c) The sum of the amounts distributed to the municipal	9953
corporation in calendar year 2010 pursuant to section 5747.50 of	9954
the Revised Code;	9955

(d) With respect to taxes levied by the municipal	9956
corporation, the taxes charged and payable against all property on	9957
the tax list of real and public utility property for current	9958
expenses, defined in division (A)(33) of this section, for tax	9959
year 2009;	9960

(e) The amount of admissions tax collected by the municipal	9961
corporation in calendar year 2008, or if such information has not	9962
yet been reported to the tax commissioner, in the most recent year	9963
before 2008 for which the municipal corporation has reported data	9964
to the commissioner;	9965

(f) The amount of income taxes collected by the municipal	9966
corporation in calendar year 2008, or if such information has not	9967
yet been reported to the tax commissioner, in the most recent year	9968
before 2008 for which the municipal corporation has reported data	9969
to the commissioner;	9970

(g) The municipal corporation's median estate tax	9971
collections.	9972

(30) "Total resources," in the case of a township, means the	9973
sum of the amounts in divisions (A)(30)(a) to (c) of this section	9974
less any reduction required under division (A)(32) of this	9975
section.	9976

(a) The sum of the payments received by the township in	9977
calendar year 2010 pursuant to division (A)(1) of section 5727.86	9978
of the Revised Code and divisions (A)(1) and (2) of section	9979
5751.22 of the Revised Code as they existed at that time,	9980
excluding payments received for debt purposes;	9981

(b) The township's percentage share of county undivided local	9982
government fund allocations as certified to the tax commissioner	9983
for calendar year 2010 by the county auditor under division (J) of	9984
section 5747.51 of the Revised Code or division (F) of section	9985
5747.53 of the Revised Code multiplied by the total amount	9986
actually distributed in calendar year 2010 from the county	9987
undivided local government fund;	9988

(c) With respect to taxes levied by the township, the taxes	9989
charged and payable against all property on the tax list of real	9990
and public utility property for tax year 2009 excluding taxes	9991
charged and payable for the purpose of paying debt charges.	9992

(31) "Total resources," in the case of a local taxing unit	9993
that is not a county, municipal corporation, or township, means	9994
the sum of the amounts in divisions (A)(31)(a) to (e) of this	9995
section less any reduction required under division (A)(32) of this	9996
section.	9997

(a) The sum of the payments received by the local taxing unit	9998
in calendar year 2010 pursuant to division (A)(1) of section	9999
5727.86 of the Revised Code and divisions (A)(1) and (2) of	10000
section 5751.22 of the Revised Code as they existed at that time;	10001

(b) The local taxing unit's percentage share of county	10002
undivided local government fund allocations as certified to the	10003
tax commissioner for calendar year 2010 by the county auditor	10004
under division (J) of section 5747.51 of the Revised Code or	10005
division (F) of section 5747.53 of the Revised Code multiplied by	10006
the total amount actually distributed in calendar year 2010 from	10007
the county undivided local government fund;	10008

(c) With respect to taxes levied by the local taxing unit,	10009
the taxes charged and payable against all property on the tax list	10010
of real and public utility property for tax year 2009 excluding	10011
taxes charged and payable for the purpose of paying debt charges;	10012

(d) The amount received from the tax commissioner during	10013
calendar year 2010 for sales or use taxes authorized under	10014
sections 5739.023 and 5741.022 of the Revised Code;	10015

(e) For institutions of higher education receiving tax	10016
revenue from a local levy, as identified in section 3358.02 of the	10017
Revised Code, the final state share of instruction allocation for	10018
fiscal year 2010 as calculated by the board of regents and	10019
reported to the state controlling board.	10020

(32) If a fixed-rate levy that is a qualifying levy is not	10021
imposed in any year after tax year 2010, "total resources" used to	10022
compute payments to be made under division (C)(12) of section	10023
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	10024
Revised Code in the tax years following the last year the levy is	10025
imposed shall be reduced by the amount of payments attributable to	10026
the fixed-rate levy loss of that levy as would be computed under	10027
division (C)(2) of section 5727.85, division (A)(1) of section	10028
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	10029
(A)(1) of section 5751.22 of the Revised Code.	10030

(33) "Municipal current expense property tax levies" means	10031
all property tax levies of a municipality, except those with the	10032
following levy names: airport resurfacing; bond or any levy name	10033
including the word "bond"; capital improvement or any levy name	10034
including the word "capital"; debt or any levy name including the	10035
word "debt"; equipment or any levy name including the word	10036
"equipment," unless the levy is for combined operating and	10037
equipment; employee termination fund; fire pension or any levy	10038
containing the word "pension," including police pensions;	10039
fireman's fund or any practically similar name; sinking fund; road	10040
improvements or any levy containing the word "road"; fire truck or	10041
apparatus; flood or any levy containing the word "flood";	10042
conservancy district; county health; note retirement; sewage, or	10043
any levy containing the words "sewage" or "sewer"; park	10044
improvement; parkland acquisition; storm drain; street or any levy	10045
name containing the word "street"; lighting, or any levy name	10046
containing the word "lighting"; and water.	10047

(34) "Current expense TPP allocation" means, in the case of a	10048
school district or joint vocational school district, the sum of	10049
the payments received by the school district in fiscal year 2011	10050
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	10051
Revised Code to the extent paid for current expense levies. In the	10052
case of a municipal corporation, "current expense TPP allocation"	10053
means the sum of the payments received by the municipal	10054
corporation in calendar year 2010 pursuant to divisions (A)(1) and	10055
(2) of section 5751.22 of the Revised Code to the extent paid for	10056
municipal current expense property tax levies as defined in	10057
division (A)(33) of this section. If a fixed-rate levy that is a	10058
qualifying levy is not imposed in any year after tax year 2010,	10059
"current expense TPP allocation" used to compute payments to be	10060
made under division (C)(12) of section 5751.21 or division	10061
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	10062
years following the last year the levy is imposed shall be reduced	10063
by the amount of payments attributable to the fixed-rate levy loss	10064
of that levy as would be computed under divisions (C)(10) and (11)	10065
of section 5751.21 or division (A)(1) of section 5751.22 of the	10066
Revised Code.	10067

(35) "TPP allocation" means the sum of payments received by a	10068
local taxing unit in calendar year 2010 pursuant to divisions	10069
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	10070
fixed-rate levy that is a qualifying levy is not imposed in any	10071
year after tax year 2010, "TPP allocation" used to compute	10072
payments to be made under division (A)(1)(b) or (c) of section	10073
5751.22 of the Revised Code in the tax years following the last	10074
year the levy is imposed shall be reduced by the amount of payment	10075
attributable to the fixed-rate levy loss of that levy as would be	10076
computed under division (A)(1) of that section.	10077

(36) "Total TPP allocation" means, in the case of a school	10078
district or joint vocational school district, the sum of the	10079
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	10080
and (11) and (D) of section 5751.21 of the Revised Code. In the	10081
case of a local taxing unit, "total TPP allocation" means the sum	10082
of payments received by the unit in calendar year 2010 pursuant to	10083
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	10084
Code. If a fixed-rate levy that is a qualifying levy is not	10085
imposed in any year after tax year 2010, "total TPP allocation"	10086
used to compute payments to be made under division (C)(12) of	10087
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	10088
the Revised Code in the tax years following the last year the levy	10089
is imposed shall be reduced by the amount of payments attributable	10090
to the fixed-rate levy loss of that levy as would be computed	10091
under divisions (C)(10) and (11) of section 5751.21 or division	10092
(A)(1) of section 5751.22 of the Revised Code.	10093

(37) "Non-current expense TPP allocation" means the	10094
difference of total TPP allocation minus the sum of current	10095
expense TPP allocation and the portion of total TPP allocation	10096
constituting reimbursement for debt levies, pursuant to division	10097
(D) of section 5751.21 of the Revised Code in the case of a school	10098
district or joint vocational school district and pursuant to	10099
division (A)(3) of section 5751.22 of the Revised Code in the case	10100
of a municipal corporation.	10101

(38) "Threshold per cent" means, in the case of a school	10102
district or joint vocational school district, two per cent for	10103
fiscal year 2012 and four per cent for fiscal years 2013 and	10104
thereafter. In the case of a local taxing unit, "threshold per	10105
cent" means two per cent for tax year 2011, four per cent for tax	10106
year 2012, and six per cent for tax years 2013 and thereafter.	10107

(B) The commercial activities tax receipts fund is hereby	10108
created in the state treasury and shall consist of money arising	10109
from the tax imposed under this chapter. Eighty-five	10110
one-hundredths of one per cent of the money credited to that fund	10111
shall be credited to the tax reform system implementation fund,	10112
which is hereby created in the state treasury, and shall be used	10113
to defray the costs incurred by the department of taxation in	10114
administering the tax imposed by this chapter and in implementing	10115
tax reform measures. The remainder in the commercial activities	10116
tax receipts fund shall be credited for each fiscal year in the	10117
following percentages to the general revenue fund, to the school	10118
district tangible property tax replacement fund, which is hereby	10119
created in the state treasury for the purpose of making the	10120
payments described in section 5751.21 of the Revised Code, and to	10121
the local government tangible property tax replacement fund, which	10122
is hereby created in the state treasury for the purpose of making	10123
the payments described in section 5751.22 of the Revised Code, in	10124
the following percentages:	10125

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	10126
2006	67.7%	22.6%	9.7%	10127
2007	0%	70.0%	30.0%	10128
2008	0%	70.0%	30.0%	10129
2009	0%	70.0%	30.0%	10130
2010	0%	70.0%	30.0%	10131
2011	0%	70.0%	30.0%	10132
2012	25.0%	52.5%	22.5%	10133
2013 and thereafter	50.0%	35.0%	15.0%	10134

(C) Not later than September 15, 2005, the tax commissioner	10135
shall determine for each school district, joint vocational school	10136
district, and local taxing unit its machinery and equipment,	10137
inventory property, furniture and fixtures property, and telephone	10138
property tax value losses, which are the applicable amounts	10139
described in divisions (C)(1), (2), (3), and (4) of this section,	10140
except as provided in division (C)(5) of this section:	10141

(1) Machinery and equipment property tax value loss is the	10142
taxable value of machinery and equipment property as reported by	10143
taxpayers for tax year 2004 multiplied by:	10144

(a) For tax year 2006, thirty-three and eight-tenths per	10145
cent;	10146

(b) For tax year 2007, sixty-one and three-tenths per cent;

10147

10148

(d) For tax year 2009 and thereafter, one hundred per cent.

10149

(2) Inventory property tax value loss is the taxable value of	10150
inventory property as reported by taxpayers for tax year 2004	10151
multiplied by:	10152

(a) For tax year 2006, a fraction, the numerator of which is	10153
five and three-fourths and the denominator of which is	10154
twenty-three;	10155

(b) For tax year 2007, a fraction, the numerator of which is	10156
nine and one-half and the denominator of which is twenty-three;	10157

(c) For tax year 2008, a fraction, the numerator of which is	10158
thirteen and one-fourth and the denominator of which is	10159
twenty-three;	10160

(d) For tax year 2009 and thereafter a fraction, the	10161
numerator of which is seventeen and the denominator of which is	10162
twenty-three.	10163

(3) Furniture and fixtures property tax value loss is the	10164
taxable value of furniture and fixture property as reported by	10165
taxpayers for tax year 2004 multiplied by:	10166

(a) For tax year 2006, twenty-five per cent;

10167

(b) For tax year 2007, fifty per cent;

10168

10169

(d) For tax year 2009 and thereafter, one hundred per cent.

10170

The taxable value of property reported by taxpayers used in	10171
divisions (C)(1), (2), and (3) of this section shall be such	10172
values as determined to be final by the tax commissioner as of	10173
August 31, 2005. Such determinations shall be final except for any	10174
correction of a clerical error that was made prior to August 31,	10175
2005, by the tax commissioner.	10176

(4) Telephone property tax value loss is the taxable value of	10177
telephone property as taxpayers would have reported that property	10178
for tax year 2004 if the assessment rate for all telephone	10179
property for that year were twenty-five per cent, multiplied by:	10180

(a) For tax year 2006, zero per cent;

10181

(b) For tax year 2007, zero per cent;

10182

10183

(d) For tax year 2009, sixty per cent;

10184

(e) For tax year 2010, eighty per cent;

10185

(f) For tax year 2011 and thereafter, one hundred per cent.

10186

(5) Division (C)(5) of this section applies to any school	10187
district, joint vocational school district, or local taxing unit	10188
in a county in which is located a facility currently or formerly	10189
devoted to the enrichment or commercialization of uranium or	10190
uranium products, and for which the total taxable value of	10191
property listed on the general tax list of personal property for	10192
any tax year from tax year 2001 to tax year 2004 was fifty per	10193
cent or less of the taxable value of such property listed on the	10194
general tax list of personal property for the next preceding tax	10195
year.	10196

In computing the fixed-rate levy losses under divisions	10197
(D)(1), (2), and (3) of this section for any school district,	10198
joint vocational school district, or local taxing unit to which	10199
division (C)(5) of this section applies, the taxable value of such	10200
property as listed on the general tax list of personal property	10201
for tax year 2000 shall be substituted for the taxable value of	10202
such property as reported by taxpayers for tax year 2004, in the	10203
taxing district containing the uranium facility, if the taxable	10204
value listed for tax year 2000 is greater than the taxable value	10205
reported by taxpayers for tax year 2004. For the purpose of making	10206
the computations under divisions (D)(1), (2), and (3) of this	10207
section, the tax year 2000 valuation is to be allocated to	10208
machinery and equipment, inventory, and furniture and fixtures	10209
property in the same proportions as the tax year 2004 values. For	10210
the purpose of the calculations in division (A) of section 5751.21	10211
of the Revised Code, the tax year 2004 taxable values shall be	10212
used.	10213

To facilitate the calculations required under division (C) of	10214
this section, the county auditor, upon request from the tax	10215
commissioner, shall provide by August 1, 2005, the values of	10216
machinery and equipment, inventory, and furniture and fixtures for	10217
all single-county personal property taxpayers for tax year 2004.	10218

(D) Not later than September 15, 2005, the tax commissioner	10219
shall determine for each tax year from 2006 through 2009 for each	10220
school district, joint vocational school district, and local	10221
taxing unit its machinery and equipment, inventory, and furniture	10222
and fixtures fixed-rate levy losses, and for each tax year from	10223
2006 through 2011 its telephone property fixed-rate levy loss.	10224
Except as provided in division (F) of this section, such losses	10225
are the applicable amounts described in divisions (D)(1), (2),	10226
(3), and (4) of this section:	10227

(1) The machinery and equipment fixed-rate levy loss is the	10228
machinery and equipment property tax value loss multiplied by the	10229
sum of the tax rates of fixed-rate qualifying levies.	10230

(2) The inventory fixed-rate loss is the inventory property	10231
tax value loss multiplied by the sum of the tax rates of	10232
fixed-rate qualifying levies.	10233

(3) The furniture and fixtures fixed-rate levy loss is the	10234
furniture and fixture property tax value loss multiplied by the	10235
sum of the tax rates of fixed-rate qualifying levies.	10236

(4) The telephone property fixed-rate levy loss is the	10237
telephone property tax value loss multiplied by the sum of the tax	10238
rates of fixed-rate qualifying levies.	10239

(E) Not later than September 15, 2005, the tax commissioner	10240
shall determine for each school district, joint vocational school	10241
district, and local taxing unit its fixed-sum levy loss. The	10242
fixed-sum levy loss is the amount obtained by subtracting the	10243
amount described in division (E)(2) of this section from the	10244
amount described in division (E)(1) of this section:	10245

(1) The sum of the machinery and equipment property tax value	10246
loss, the inventory property tax value loss, and the furniture and	10247
fixtures property tax value loss, and, for 2008 through 2010, the	10248
telephone property tax value loss of the district or unit	10249
multiplied by the sum of the fixed-sum tax rates of qualifying	10250
levies. For 2006 through 2010, this computation shall include all	10251
qualifying levies remaining in effect for the current tax year and	10252
any school district levies imposed under section 5705.194 or	10253
5705.213 of the Revised Code that are qualifying levies not	10254
remaining in effect for the current year. For 2011 through 2017 in	10255
the case of school district levies imposed under section 5705.194	10256
or 5705.213 of the Revised Code and for all years after 2010 in	10257
the case of other fixed-sum levies, this computation shall include	10258
only qualifying levies remaining in effect for the current year.	10259
For purposes of this computation, a qualifying school district	10260
levy imposed under section 5705.194 or 5705.213 of the Revised	10261
Code remains in effect in a year after 2010 only if, for that	10262
year, the board of education levies a school district levy imposed	10263
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	10264
Revised Code for an annual sum at least equal to the annual sum	10265
levied by the board in tax year 2004 less the amount of the	10266
payment certified under this division for 2006.	10267

(2) The total taxable value in tax year 2004 less the sum of	10268
the machinery and equipment, inventory, furniture and fixtures,	10269
and telephone property tax value losses in each school district,	10270
joint vocational school district, and local taxing unit multiplied	10271
by one-half of one mill per dollar.	10272

(3) For the calculations in divisions (E)(1) and (2) of this	10273
section, the tax value losses are those that would be calculated	10274
for tax year 2009 under divisions (C)(1), (2), and (3) of this	10275
section and for tax year 2011 under division (C)(4) of this	10276
section.	10277

(4) To facilitate the calculation under divisions (D) and (E)	10278
of this section, not later than September 1, 2005, any school	10279
district, joint vocational school district, or local taxing unit	10280
that has a qualifying levy that was approved at an election	10281
conducted during 2005 before September 1, 2005, shall certify to	10282
the tax commissioner a copy of the county auditor's certificate of	10283
estimated property tax millage for such levy as required under	10284
division (B) of section 5705.03 of the Revised Code, which is the	10285
rate that shall be used in the calculations under such divisions.	10286

If the amount determined under division (E) of this section	10287
for any school district, joint vocational school district, or	10288
local taxing unit is greater than zero, that amount shall equal	10289
the reimbursement to be paid pursuant to division (E) of section	10290
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	10291
and the one-half of one mill that is subtracted under division	10292
(E)(2) of this section shall be apportioned among all contributing	10293
fixed-sum levies in the proportion that each levy bears to the sum	10294
of all fixed-sum levies within each school district, joint	10295
vocational school district, or local taxing unit.	10296

(F) If a school district levies a tax under section 5705.219	10297
of the Revised Code, the fixed-rate levy loss for qualifying	10298
levies, to the extent repealed under that section, shall equal the	10299
sum of the following amounts in lieu of the amounts computed for	10300
such levies under division (D) of this section:	10301

(1) The sum of the rates of qualifying levies to the extent	10302
so repealed multiplied by the sum of the machinery and equipment,	10303
inventory, and furniture and fixtures tax value losses for 2009 as	10304
determined under that division;	10305

(2) The sum of the rates of qualifying levies to the extent	10306
so repealed multiplied by the telephone property tax value loss	10307
for 2011 as determined under that division.	10308

The fixed-rate levy losses for qualifying levies to the	10309
extent not repealed under section 5705.219 of the Revised Code	10310
shall be as determined under division (D) of this section. The	10311
revised fixed-rate levy losses determined under this division and	10312
division (D) of this section first apply in the year following the	10313
first year the district levies the tax under section 5705.219 of	10314
the Revised Code.	10315

(G) Not later than October 1, 2005, the tax commissioner	10316
shall certify to the department of education for every school	10317
district and joint vocational school district the machinery and	10318
equipment, inventory, furniture and fixtures, and telephone	10319
property tax value losses determined under division (C) of this	10320
section, the machinery and equipment, inventory, furniture and	10321
fixtures, and telephone fixed-rate levy losses determined under	10322
division (D) of this section, and the fixed-sum levy losses	10323
calculated under division (E) of this section. The calculations	10324
under divisions (D) and (E) of this section shall separately	10325
display the levy loss for each levy eligible for reimbursement.	10326

(H) Not later than October 1, 2005, the tax commissioner	10327
shall certify the amount of the fixed-sum levy losses to the	10328
county auditor of each county in which a school district, joint	10329
vocational school district, or local taxing unit with a fixed-sum	10330
levy loss reimbursement has territory.	10331

(I) Not later than the twenty-eighth day of February each	10332
year beginning in 2011 and ending in 2014, the tax commissioner	10333
shall certify to the department of education for each school	10334
district first levying a tax under section 5705.219 of the Revised	10335
Code in the preceding year the revised fixed-rate levy losses	10336
determined under divisions (D) and (F) of this section.	10337

Sec. 6301.01. As used in this chapter:

10338

(A) "Local area" means any of the following:

10339

(1) A municipal corporation that is authorized to administer	10340
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	10341
29 U.S.C.A. 2801, as amended, under this chapter and is not	10342
joining in partnership with any other political subdivisions in	10343
order to do so;	10344

(2) A single county;

10345

(3) A consortium of any of the following political	10346
subdivisions:	10347

(a) A group of two or more counties in the state;

10348

(b) One or more counties and one municipal corporation in the	10349
state;	10350

(c) One or more counties with or without one municipal	10351
corporation in the state and one or more counties with or without	10352
one municipal corporation in another state, on the condition that	10353
those in another state share a labor market area with those in the	10354
state.	10355

"Local area" does not mean a region for purposes of	10356
determinations concerning administrative incentives.	10357

(B) "Municipal corporation" means a municipal corporation	10358
that is eligible for automatic or temporary designation as a local	10359
workforce investment area pursuant to section 116(a)(2) or (3) of	10360
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	10361
2831(a)(2) or (3), but that does not request that the governor	10362
grant such automatic or temporary designation, and that instead	10363
elects to administer and enforce workforce development activities	10364
pursuant to this chapter.	10365

(C) "County" means a county that is eligible to be designated	10366
as a local workforce investment area pursuant to the "Workforce	10367
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	10368
amended, but that does not request such designation, and instead	10369
elects to administer and enforce workforce development activities	10370
pursuant to this chapter.	10371

(D) "Workforce development agency" means the entity given	10372
responsibility for workforce development activities that is	10373
designated by the board of county commissioners in accordance with	10374
section 330.04 of the Revised Code, the chief elected official of	10375
a municipal corporation in accordance with section 763.05 of the	10376
Revised Code, or the chief elected officials of a local area	10377
defined in division (A)(3) of this section.	10378

(E) "Workforce development activity" means a program, grant,	10379
or other function, the primary goal of which is to do one or more	10380
of the following:	10381

(1) Help individuals maximize their employment opportunities;

10382

(2) Help employers gain access to skilled workers;

10383

(3) Help employers retain skilled workers;

10384

(4) Help develop or enhance the skills of incumbent workers;

10385

(5) Improve the quality of the state's workforce;

10386

(6) Enhance the productivity and competitiveness of the	10387
state's economy.	10388

(F) "Chief elected officials," when used in reference to a	10389
local area, means the board of county commissioners of the county	10390
or of each county in the local area or, if the county has adopted	10391
a charter under Section 3 of Article X, Ohio Constitution, the	10392
chief governing body of that county, and the chief elected	10393
official of the municipal corporation, if the local area includes	10394
a municipal corporation, except that when the local area is the	10395
type defined in division (A)(1) of this section, "chief elected	10396
officials" means the chief elected official of the municipal	10397
corporation.	10398

(G) "State board" means the state workforce policy board	10399
established by section 6301.04 of the Revised Code.	10400

(H) "Local board" means a local workforce policy board	10401
created pursuant to section 6301.06 of the Revised Code.	10402

Sec. 6301.02. The director of job and family services shall	10403
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	10404
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	10405
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	10406
pursuant to those acts. In administering those acts and funds	10407
received pursuant to those acts, the director shall ~~establish and~~	10408
~~administer~~assist the state workforce policy board in establishing	10409
and administering a workforce development system that is designed	10410
to provide leadership, support, and oversight to locally designed	10411
workforce development ~~and family services~~ systems ~~and that~~	10412
~~provides the maximum amount of flexibility and authority to~~	10413
~~counties and municipal corporations, as permitted under the~~	10414
~~"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.~~	10415
~~2801, as amended~~. The director shall conduct investigations and	10416
hold hearings as necessary for the administration of this chapter.	10417

To the extent permitted by state and federal law, the	10418
director may adopt rules pursuant to Chapter 119. of the Revised	10419
Code to establish any program or pilot program for the purposes of	10420
providing workforce development activities or family services to	10421
individuals who do not meet eligibility criteria for those	10422
activities or services under applicable federal law. Prior to the	10423
initiation of any program of that nature, the director of budget	10424
and management shall certify to the governor that sufficient funds	10425
are available to administer a program of that nature. The state	10426
board shall have final approval of any such program.	10427

Unless otherwise prohibited by state or federal law, every	10428
state agency, board, or commission shall provide to the state	10429
board and the director all information and assistance requested by	10430
the state board and the director in furtherance of workforce	10431
development activities.	10432

Sec. 6301.03. (A) In administering the "Workforce Investment	10433
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	10434
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	10435
amended, the funds received pursuant to those acts, and the	10436
workforce development system, the director of job and family	10437
services may, at the direction of the state board, make	10438
allocations and payment of funds for the local administration of	10439
the workforce development activities established under this	10440
chapter. ~~Pursuant to the "Workforce Investment Act of 1998," 112~~	10441
~~Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall~~	10442
~~reserve not more than fifteen per cent of the amounts allocated to~~	10443
~~the state under Title I of that act for adults, dislocated~~	10444
~~workers, and youth for statewide activities, and not more than~~	10445
~~twenty-five per cent of funds allocated for dislocated workers~~	10446
~~under Title I of that act for statewide rapid response activities.~~	10447

(B) The director shall allocate to local areas all funds	10448
required to be allocated to local areas pursuant to the "Workforce	10449
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	10450
amended. The director shall make allocations only with funds	10451
available. Local areas, as defined by either section 101 of the	10452
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	10453
2801, as amended, or section 6301.01 of the Revised Code, and	10454
subrecipients of a local area shall establish a workforce	10455
development fund and the entity receiving funds shall deposit all	10456
funds received under this section into the workforce development	10457
fund. All expenditures for activities funded under this section	10458
shall be made from the workforce development fund, including	10459
reimbursements to a county public assistance fund for expenditures	10460
made for activities funded under this section.	10461

(C) The use of funds, reporting requirements, and other	10462
administrative and operational requirements governing the use of	10463
funds received by the director pursuant to this section shall be	10464
governed by internal management rules adopted by ~~the director~~and	10465
approved by the state board pursuant to section 111.15 of the	10466
Revised Code.	10467

(D) To the extent permitted by state or federal law, the	10468
state board, director, local areas, counties, and municipal	10469
corporations authorized to administer workforce development	10470
activities may assess a fee for specialized services requested by	10471
an employer. The director shall adopt rules pursuant to Chapter	10472
119. of the Revised Code governing the nature and amount of those	10473
types of fees.	10474

Sec. 6301.04. The governor shall establish a state workforce	10475
policy board and appoint members to the board, who serve at the	10476
governor's pleasure, to perform duties under the "Workforce	10477
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	10478
amended, as authorized by the governor. The board is not subject	10479
to sections 101.82 to 101.87 of the Revised Code. ~~The director of~~	10480
~~job and family services may~~All state agencies engaged in	10481
workforce development activities shall assist the board in the	10482
performance of its duties.	10483

(A)(1) The governor shall designate nine members of the board	10484
to be voting members. All other members shall be ex officio,	10485
nonvoting members.	10486

(2) The governor shall choose the voting members in a way	10487
that a majority of the voting board members represent business	10488
interests.	10489

(B) The board shall have the power and authority to do all of	10490
the following:	10491

(1) Provide oversight and policy direction to ensure that the	10492
state workforce development activities are aligned and serving the	10493
needs of the state's employers, incumbent workers, and job	10494
seekers;	10495

(2) Adopt rules necessary to administer state workforce	10496
development activities;	10497

(3) Adopt rules necessary for the auditing and monitoring of	10498
subrecipients of the workforce development system grant funds;	10499

(4) Designate local workforce investment areas in accordance	10500
with 29 U.S.C. 2831;	10501

(5) Develop a unified budget for all state and federal	10502
workforce funds;	10503

(6) Establish a statewide employment and data collection	10504
system;	10505

(7) Develop statewide performance measures for workforce	10506
development and investment;	10507

(8) Develop a state workforce development plan;

10508

(9) Prepare the annual report to the United States secretary	10509
of labor, pursuant to section 136(d) of the "Workforce Investment	10510
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	10511

(10) Carry out any additional functions, duties, or	10512
responsibilities assigned to the board by the governor.	10513

Sec. 6301.07. (A) Every local workforce policy board, under	10514
the direction and approval of the state workforce policy board and	10515
with the agreement of the chief elected officials of the local	10516
area, and after holding public hearings that allow public comment	10517
and testimony, shall prepare a workforce development plan. The	10518
plan shall accomplish all of the following:	10519

(1) Identify the workforce investment needs of businesses in	10520
the local area, identify projected employment opportunities, and	10521
identify the job skills necessary to obtain those opportunities;	10522

(2) Identify the local area's workforce development needs for	10523
youth, dislocated workers, adults, displaced homemakers, incumbent	10524
workers, and any other group of workers identified by the local	10525
workforce policy board;	10526

(3) Determine the distribution of workforce development	10527
resources and funding to be distributed for each workforce	10528
development activity to meet the identified needs, utilizing the	10529
funds allocated pursuant to the "Workforce Investment Act of	10530
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	10531

(4) Give priority to youth receiving independent living	10532
services pursuant to sections 2151.81 to 2151.84 of the Revised	10533
Code when determining distribution of workforce development	10534
resources and workforce development activity funding;	10535

(5) Review the minimum curriculum required by the state	10536
workforce policy board for certifying training providers and	10537
identify any additional curriculum requirements to include in	10538
contracts between the training providers and the chief elected	10539
officials of the local area;	10540

(6) Establish performance standards for service providers	10541
that reflect local workforce development needs;	10542

(7) Describe any other information the chief elected	10543
officials of the local area require.	10544

(B) A local workforce policy board may provide policy	10545
guidance and recommendations to the chief elected officials of a	10546
local area for any workforce development activities.	10547

(C) Nothing in this section prohibits the chief elected	10548
officials of a local area from assigning, through a partnership	10549
agreement, any duties in addition to the duties under this section	10550
to a local workforce policy board, except that a local workforce	10551
policy board cannot contract with itself for the direct provision	10552
of services in its local area. A local workforce policy board may	10553
consult with the chief elected officials of its local area and	10554
make recommendations regarding the workforce development	10555
activities provided in its local area at any time.	10556

Sec. 6301.08. Every local area shall participate in a	10557
one-stop system for workforce development activities. Each board	10558
of county commissioners and the chief elected official of a	10559
municipal corporation shall ensure that at least one ~~physical~~	10560
~~location~~delivery method is available in the local area, either	10561
through a physical location, or by electronic means approved by	10562
the state board, for the provision of workforce development	10563
activities.	10564

A one-stop system may be operated by a private entity or a	10565
public agency, including a workforce development agency, any	10566
existing facility or organization that is established to	10567
administer workforce development activities in the local area, and	10568
a county family services agency.	10569

A one-stop system shall include representatives of all the	10570
partners required under the "Workforce Investment Act of 1998,"	10571
112 Stat. 936, 29 U.S.C.A. 2801, as amended. ~~Additionally, at~~	10572
~~least one representative from a county department of job and~~	10573
~~family services shall staff a one-stop system to represent all of~~	10574
~~the county family services agencies within the local area.~~	10575

Sec. 6301.10. Beginning January 1, ~~2001~~2013, and each	10576
calendar ~~quarter~~year thereafter, the ~~director of job and family~~	10577
~~services~~state board, with the assistance of all state agencies	10578
engaged in workforce development activities, shall prepare a	10579
report concerning the state of Ohio's workforce. The ~~director~~	10580
state board shall distribute the report to the president and	10581
minority leader of the senate, the speaker and minority leader of	10582
the house of representatives, ~~the state workforce policy board,~~	10583
the governor's office of Appalachian Ohio, the commission on	10584
Hispanic-Latino affairs, and the commission on African-American	10585
males.	10586

Section 101.02. That existing sections 3301.079, 3301.0712,	10587
3301.0714, 3301.0715, 3301.0723, 3301.52, 3301.53, 3301.58,	10588
3301.90, 3301.922, 3302.03, 3302.032, 3302.042, 3302.12, 3302.20,	10589
3302.21, 3302.25, 3310.03, 3310.08, 3310.15, 3313.37, 3313.41,	10590
3313.411, 3313.603, 3313.608, 3313.609, 3313.6013, 3313.674,	10591
3313.813, 3313.816, 3313.845, 3313.978, 3314.015, 3314.016,	10592
3314.02, 3314.029, 3314.03, 3314.06, 3314.08, 3314.17, 3314.18,	10593
3314.35, 3317.01, 3318.023, 3318.034, 3318.36, 3318.37, 3318.371,	10594
3318.70, 3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3321.01,	10595
3323.011, 3323.052, 3326.03, 3326.11, 3326.17, 3326.21, 3328.15,	10596
3328.24, 3333.0411, 4139.01, 4139.03, 4139.04, 4139.05, 4141.29,	10597
4301.20, 5104.01, 5104.011, 5104.02, 5104.21, 5104.30, 5104.31,	10598
5104.34, 5104.38, 5751.20, 6301.01, 6301.02, 6301.03, 6301.04,	10599
6301.07, 6301.08, and 6301.10 of the Revised Code are hereby	10600
repealed.	10601

Section 105.01. That sections 3319.19 and 3319.58 of the	10602
Revised Code are hereby repealed.	10603

Section 120.01. That sections 109.57, 2151.011, 2919.227,	10604
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,	10605
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,	10606
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,	10607
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,	10608
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,	10609
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections	10610
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),	10611
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the	10612
purpose of adopting new section numbers as indicated in	10613
parentheses, and new sections 5104.032 and 5104.033 and sections	10614
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,	10615
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the	10616
Revised Code be enacted to read as follows:	10617

Sec. 109.57. (A)(1) The superintendent of the bureau of	10618
criminal identification and investigation shall procure from	10619
wherever procurable and file for record photographs, pictures,	10620
descriptions, fingerprints, measurements, and other information	10621
that may be pertinent of all persons who have been convicted of	10622
committing within this state a felony, any crime constituting a	10623
misdemeanor on the first offense and a felony on subsequent	10624
offenses, or any misdemeanor described in division (A)(1)(a),	10625
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	10626
of all children under eighteen years of age who have been	10627
adjudicated delinquent children for committing within this state	10628
an act that would be a felony or an offense of violence if	10629
committed by an adult or who have been convicted of or pleaded	10630
guilty to committing within this state a felony or an offense of	10631
violence, and of all well-known and habitual criminals. The person	10632
in charge of any county, multicounty, municipal, municipal-county,	10633
or multicounty-municipal jail or workhouse, community-based	10634
correctional facility, halfway house, alternative residential	10635
facility, or state correctional institution and the person in	10636
charge of any state institution having custody of a person	10637
suspected of having committed a felony, any crime constituting a	10638
misdemeanor on the first offense and a felony on subsequent	10639
offenses, or any misdemeanor described in division (A)(1)(a),	10640
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	10641
having custody of a child under eighteen years of age with respect	10642
to whom there is probable cause to believe that the child may have	10643
committed an act that would be a felony or an offense of violence	10644
if committed by an adult shall furnish such material to the	10645
superintendent of the bureau. Fingerprints, photographs, or other	10646
descriptive information of a child who is under eighteen years of	10647
age, has not been arrested or otherwise taken into custody for	10648
committing an act that would be a felony or an offense of violence	10649
who is not in any other category of child specified in this	10650
division, if committed by an adult, has not been adjudicated a	10651
delinquent child for committing an act that would be a felony or	10652
an offense of violence if committed by an adult, has not been	10653
convicted of or pleaded guilty to committing a felony or an	10654
offense of violence, and is not a child with respect to whom there	10655
is probable cause to believe that the child may have committed an	10656
act that would be a felony or an offense of violence if committed	10657
by an adult shall not be procured by the superintendent or	10658
furnished by any person in charge of any county, multicounty,	10659
municipal, municipal-county, or multicounty-municipal jail or	10660
workhouse, community-based correctional facility, halfway house,	10661
alternative residential facility, or state correctional	10662
institution, except as authorized in section 2151.313 of the	10663
Revised Code.	10664

(2) Every clerk of a court of record in this state, other	10665
than the supreme court or a court of appeals, shall send to the	10666
superintendent of the bureau a weekly report containing a summary	10667
of each case involving a felony, involving any crime constituting	10668
a misdemeanor on the first offense and a felony on subsequent	10669
offenses, involving a misdemeanor described in division (A)(1)(a),	10670
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	10671
or involving an adjudication in a case in which a child under	10672
eighteen years of age was alleged to be a delinquent child for	10673
committing an act that would be a felony or an offense of violence	10674
if committed by an adult. The clerk of the court of common pleas	10675
shall include in the report and summary the clerk sends under this	10676
division all information described in divisions (A)(2)(a) to (f)	10677
of this section regarding a case before the court of appeals that	10678
is served by that clerk. The summary shall be written on the	10679
standard forms furnished by the superintendent pursuant to	10680
division (B) of this section and shall include the following	10681
information:	10682

(a) The incident tracking number contained on the standard	10683
forms furnished by the superintendent pursuant to division (B) of	10684
this section;	10685

(b) The style and number of the case;

10686

10687

(d) The date that the person was convicted of or pleaded	10688
guilty to the offense, adjudicated a delinquent child for	10689
committing the act that would be a felony or an offense of	10690
violence if committed by an adult, found not guilty of the	10691
offense, or found not to be a delinquent child for committing an	10692
act that would be a felony or an offense of violence if committed	10693
by an adult, the date of an entry dismissing the charge, an entry	10694
declaring a mistrial of the offense in which the person is	10695
discharged, an entry finding that the person or child is not	10696
competent to stand trial, or an entry of a nolle prosequi, or the	10697
date of any other determination that constitutes final resolution	10698
of the case;	10699

(e) A statement of the original charge with the section of	10700
the Revised Code that was alleged to be violated;	10701

(f) If the person or child was convicted, pleaded guilty, or	10702
was adjudicated a delinquent child, the sentence or terms of	10703
probation imposed or any other disposition of the offender or the	10704
delinquent child.	10705

If the offense involved the disarming of a law enforcement	10706
officer or an attempt to disarm a law enforcement officer, the	10707
clerk shall clearly state that fact in the summary, and the	10708
superintendent shall ensure that a clear statement of that fact is	10709
placed in the bureau's records.	10710

(3) The superintendent shall cooperate with and assist	10711
sheriffs, chiefs of police, and other law enforcement officers in	10712
the establishment of a complete system of criminal identification	10713
and in obtaining fingerprints and other means of identification of	10714
all persons arrested on a charge of a felony, any crime	10715
constituting a misdemeanor on the first offense and a felony on	10716
subsequent offenses, or a misdemeanor described in division	10717
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	10718
Revised Code and of all children under eighteen years of age	10719
arrested or otherwise taken into custody for committing an act	10720
that would be a felony or an offense of violence if committed by	10721
an adult. The superintendent also shall file for record the	10722
fingerprint impressions of all persons confined in a county,	10723
multicounty, municipal, municipal-county, or multicounty-municipal	10724
jail or workhouse, community-based correctional facility, halfway	10725
house, alternative residential facility, or state correctional	10726
institution for the violation of state laws and of all children	10727
under eighteen years of age who are confined in a county,	10728
multicounty, municipal, municipal-county, or multicounty-municipal	10729
jail or workhouse, community-based correctional facility, halfway	10730
house, alternative residential facility, or state correctional	10731
institution or in any facility for delinquent children for	10732
committing an act that would be a felony or an offense of violence	10733
if committed by an adult, and any other information that the	10734
superintendent may receive from law enforcement officials of the	10735
state and its political subdivisions.	10736

(4) The superintendent shall carry out Chapter 2950. of the	10737
Revised Code with respect to the registration of persons who are	10738
convicted of or plead guilty to a sexually oriented offense or a	10739
child-victim oriented offense and with respect to all other duties	10740
imposed on the bureau under that chapter.	10741

(5) The bureau shall perform centralized recordkeeping	10742
functions for criminal history records and services in this state	10743
for purposes of the national crime prevention and privacy compact	10744
set forth in section 109.571 of the Revised Code and is the	10745
criminal history record repository as defined in that section for	10746
purposes of that compact. The superintendent or the	10747
superintendent's designee is the compact officer for purposes of	10748
that compact and shall carry out the responsibilities of the	10749
compact officer specified in that compact.	10750

(B) The superintendent shall prepare and furnish to every	10751
county, multicounty, municipal, municipal-county, or	10752
multicounty-municipal jail or workhouse, community-based	10753
correctional facility, halfway house, alternative residential	10754
facility, or state correctional institution and to every clerk of	10755
a court in this state specified in division (A)(2) of this section	10756
standard forms for reporting the information required under	10757
division (A) of this section. The standard forms that the	10758
superintendent prepares pursuant to this division may be in a	10759
tangible format, in an electronic format, or in both tangible	10760
formats and electronic formats.	10761

(C)(1) The superintendent may operate a center for	10762
electronic, automated, or other data processing for the storage	10763
and retrieval of information, data, and statistics pertaining to	10764
criminals and to children under eighteen years of age who are	10765
adjudicated delinquent children for committing an act that would	10766
be a felony or an offense of violence if committed by an adult,	10767
criminal activity, crime prevention, law enforcement, and criminal	10768
justice, and may establish and operate a statewide communications	10769
network to be known as the Ohio law enforcement gateway to gather	10770
and disseminate information, data, and statistics for the use of	10771
law enforcement agencies and for other uses specified in this	10772
division. The superintendent may gather, store, retrieve, and	10773
disseminate information, data, and statistics that pertain to	10774
children who are under eighteen years of age and that are gathered	10775
pursuant to sections 109.57 to 109.61 of the Revised Code together	10776
with information, data, and statistics that pertain to adults and	10777
that are gathered pursuant to those sections.	10778

(2) The superintendent or the superintendent's designee shall	10779
gather information of the nature described in division (C)(1) of	10780
this section that pertains to the offense and delinquency history	10781
of a person who has been convicted of, pleaded guilty to, or been	10782
adjudicated a delinquent child for committing a sexually oriented	10783
offense or a child-victim oriented offense for inclusion in the	10784
state registry of sex offenders and child-victim offenders	10785
maintained pursuant to division (A)(1) of section 2950.13 of the	10786
Revised Code and in the internet database operated pursuant to	10787
division (A)(13) of that section and for possible inclusion in the	10788
internet database operated pursuant to division (A)(11) of that	10789
section.	10790

(3) In addition to any other authorized use of information,	10791
data, and statistics of the nature described in division (C)(1) of	10792
this section, the superintendent or the superintendent's designee	10793
may provide and exchange the information, data, and statistics	10794
pursuant to the national crime prevention and privacy compact as	10795
described in division (A)(5) of this section.	10796

(4) The attorney general may adopt rules under Chapter 119.	10797
of the Revised Code establishing guidelines for the operation of	10798
and participation in the Ohio law enforcement gateway. The rules	10799
may include criteria for granting and restricting access to	10800
information gathered and disseminated through the Ohio law	10801
enforcement gateway. The attorney general shall permit the state	10802
medical board and board of nursing to access and view, but not	10803
alter, information gathered and disseminated through the Ohio law	10804
enforcement gateway.	10805

The attorney general may appoint a steering committee to	10806
advise the attorney general in the operation of the Ohio law	10807
enforcement gateway that is comprised of persons who are	10808
representatives of the criminal justice agencies in this state	10809
that use the Ohio law enforcement gateway and is chaired by the	10810
superintendent or the superintendent's designee.	10811

(D)(1) The following are not public records under section	10812
149.43 of the Revised Code:	10813

(a) Information and materials furnished to the superintendent	10814
pursuant to division (A) of this section;	10815

(b) Information, data, and statistics gathered or	10816
disseminated through the Ohio law enforcement gateway pursuant to	10817
division (C)(1) of this section;	10818

(c) Information and materials furnished to any board or	10819
person under division (F) or (G) of this section.	10820

(2) The superintendent or the superintendent's designee shall	10821
gather and retain information so furnished under division (A) of	10822
this section that pertains to the offense and delinquency history	10823
of a person who has been convicted of, pleaded guilty to, or been	10824
adjudicated a delinquent child for committing a sexually oriented	10825
offense or a child-victim oriented offense for the purposes	10826
described in division (C)(2) of this section.	10827

(E) The attorney general shall adopt rules, in accordance	10828
with Chapter 119. of the Revised Code, setting forth the procedure	10829
by which a person may receive or release information gathered by	10830
the superintendent pursuant to division (A) of this section. A	10831
reasonable fee may be charged for this service. If a temporary	10832
employment service submits a request for a determination of	10833
whether a person the service plans to refer to an employment	10834
position has been convicted of or pleaded guilty to an offense	10835
listed in division (A)(1), (3), (4), (5), or (6) of section	10836
109.572 of the Revised Code, the request shall be treated as a	10837
single request and only one fee shall be charged.	10838

(F)(1) As used in division (F)(2) of this section, "head	10839
start agency" means an entity in this state that has been approved	10840
to be an agency for purposes of subchapter II of the "Community	10841
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	10842
as amended.	10843

(2)(a) In addition to or in conjunction with any request that	10844
is required to be made under section 109.572, 2151.86, 3301.32,	10845
3301.541, division (C) of section 3310.58, or section 3319.39,	10846
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	10847
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	10848
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	10849
Revised Code, the board of education of any school district; the	10850
director of developmental disabilities; any county board of	10851
developmental disabilities; any entity under contract with a	10852
county board of developmental disabilities; the chief	10853
administrator of any chartered nonpublic school; the chief	10854
administrator of a registered private provider that is not also a	10855
chartered nonpublic school; the chief administrator of any home	10856
health agency; the chief administrator of or person operating any	10857
child day-care center, type A family day-care home, or type B	10858
family day-care home licensed ~~or certified~~ under Chapter 5104. of	10859
the Revised Code; ~~the administrator of any type C family day-care~~	10860
~~home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st~~	10861
~~general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st~~	10862
~~general assembly;~~ the chief administrator of any head start	10863
agency; the executive director of a public children services	10864
agency; a private company described in section 3314.41, 3319.392,	10865
3326.25, or 3328.20 of the Revised Code; or an employer described	10866
in division (J)(2) of section 3327.10 of the Revised Code may	10867
request that the superintendent of the bureau investigate and	10868
determine, with respect to any individual who has applied for	10869
employment in any position after October 2, 1989, or any	10870
individual wishing to apply for employment with a board of	10871
education may request, with regard to the individual, whether the	10872
bureau has any information gathered under division (A) of this	10873
section that pertains to that individual. On receipt of the	10874
request, the superintendent shall determine whether that	10875
information exists and, upon request of the person, board, or	10876
entity requesting information, also shall request from the federal	10877
bureau of investigation any criminal records it has pertaining to	10878
that individual. The superintendent or the superintendent's	10879
designee also may request criminal history records from other	10880
states or the federal government pursuant to the national crime	10881
prevention and privacy compact set forth in section 109.571 of the	10882
Revised Code. Within thirty days of the date that the	10883
superintendent receives a request, the superintendent shall send	10884
to the board, entity, or person a report of any information that	10885
the superintendent determines exists, including information	10886
contained in records that have been sealed under section 2953.32	10887
of the Revised Code, and, within thirty days of its receipt, shall	10888
send the board, entity, or person a report of any information	10889
received from the federal bureau of investigation, other than	10890
information the dissemination of which is prohibited by federal	10891
law.	10892

(b) When a board of education or a registered private	10893
provider is required to receive information under this section as	10894
a prerequisite to employment of an individual pursuant to division	10895
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	10896
may accept a certified copy of records that were issued by the	10897
bureau of criminal identification and investigation and that are	10898
presented by an individual applying for employment with the	10899
district in lieu of requesting that information itself. In such a	10900
case, the board shall accept the certified copy issued by the	10901
bureau in order to make a photocopy of it for that individual's	10902
employment application documents and shall return the certified	10903
copy to the individual. In a case of that nature, a district or	10904
provider only shall accept a certified copy of records of that	10905
nature within one year after the date of their issuance by the	10906
bureau.	10907

(c) Notwithstanding division (F)(2)(a) of this section, in	10908
the case of a request under section 3319.39, 3319.391, or 3327.10	10909
of the Revised Code only for criminal records maintained by the	10910
federal bureau of investigation, the superintendent shall not	10911
determine whether any information gathered under division (A) of	10912
this section exists on the person for whom the request is made.	10913

(3) The state board of education may request, with respect to	10914
any individual who has applied for employment after October 2,	10915
1989, in any position with the state board or the department of	10916
education, any information that a school district board of	10917
education is authorized to request under division (F)(2) of this	10918
section, and the superintendent of the bureau shall proceed as if	10919
the request has been received from a school district board of	10920
education under division (F)(2) of this section.	10921

(4) When the superintendent of the bureau receives a request	10922
for information under section 3319.291 of the Revised Code, the	10923
superintendent shall proceed as if the request has been received	10924
from a school district board of education and shall comply with	10925
divisions (F)(2)(a) and (c) of this section.	10926

(5) When a recipient of a classroom reading improvement grant	10927
paid under section 3301.86 of the Revised Code requests, with	10928
respect to any individual who applies to participate in providing	10929
any program or service funded in whole or in part by the grant,	10930
the information that a school district board of education is	10931
authorized to request under division (F)(2)(a) of this section,	10932
the superintendent of the bureau shall proceed as if the request	10933
has been received from a school district board of education under	10934
division (F)(2)(a) of this section.	10935

(G) In addition to or in conjunction with any request that is	10936
required to be made under section 3701.881, 3712.09, 3721.121,	10937
5119.693, or 5119.85 of the Revised Code with respect to an	10938
individual who has applied for employment in a position that	10939
involves providing direct care to an older adult or adult	10940
resident, the chief administrator of a home health agency, hospice	10941
care program, home licensed under Chapter 3721. of the Revised	10942
Code, adult day-care program operated pursuant to rules adopted	10943
under section 3721.04 of the Revised Code, adult foster home, or	10944
adult care facility may request that the superintendent of the	10945
bureau investigate and determine, with respect to any individual	10946
who has applied after January 27, 1997, for employment in a	10947
position that does not involve providing direct care to an older	10948
adult or adult resident, whether the bureau has any information	10949
gathered under division (A) of this section that pertains to that	10950
individual.	10951

In addition to or in conjunction with any request that is	10952
required to be made under section 173.27 of the Revised Code with	10953
respect to an individual who has applied for employment in a	10954
position that involves providing ombudsperson services to	10955
residents of long-term care facilities or recipients of	10956
community-based long-term care services, the state long-term care	10957
ombudsperson, ombudsperson's designee, or director of health may	10958
request that the superintendent investigate and determine, with	10959
respect to any individual who has applied for employment in a	10960
position that does not involve providing such ombudsperson	10961
services, whether the bureau has any information gathered under	10962
division (A) of this section that pertains to that applicant.	10963

In addition to or in conjunction with any request that is	10964
required to be made under section 173.394 of the Revised Code with	10965
respect to an individual who has applied for employment in a	10966
position that involves providing direct care to an individual, the	10967
chief administrator of a community-based long-term care agency may	10968
request that the superintendent investigate and determine, with	10969
respect to any individual who has applied for employment in a	10970
position that does not involve providing direct care, whether the	10971
bureau has any information gathered under division (A) of this	10972
section that pertains to that applicant.	10973

On receipt of a request under this division, the	10974
superintendent shall determine whether that information exists	10975
and, on request of the individual requesting information, shall	10976
also request from the federal bureau of investigation any criminal	10977
records it has pertaining to the applicant. The superintendent or	10978
the superintendent's designee also may request criminal history	10979
records from other states or the federal government pursuant to	10980
the national crime prevention and privacy compact set forth in	10981
section 109.571 of the Revised Code. Within thirty days of the	10982
date a request is received, the superintendent shall send to the	10983
requester a report of any information determined to exist,	10984
including information contained in records that have been sealed	10985
under section 2953.32 of the Revised Code, and, within thirty days	10986
of its receipt, shall send the requester a report of any	10987
information received from the federal bureau of investigation,	10988
other than information the dissemination of which is prohibited by	10989
federal law.	10990

(H) Information obtained by a government entity or person	10991
under this section is confidential and shall not be released or	10992
disseminated.	10993

(I) The superintendent may charge a reasonable fee for	10994
providing information or criminal records under division (F)(2) or	10995
(G) of this section.	10996

(J) As used in this section:

10997

(1) "Sexually oriented offense" and "child-victim oriented	10998
offense" have the same meanings as in section 2950.01 of the	10999
Revised Code.	11000

(2) "Registered private provider" means a nonpublic school or	11001
entity registered with the superintendent of public instruction	11002
under section 3310.41 of the Revised Code to participate in the	11003
autism scholarship program or section 3310.58 of the Revised Code	11004
to participate in the Jon Peterson special needs scholarship	11005
program.	11006

Sec. 2151.011. (A) As used in the Revised Code:

11007

(1) "Juvenile court" means whichever of the following is	11008
applicable that has jurisdiction under this chapter and Chapter	11009
2152. of the Revised Code:	11010

(a) The division of the court of common pleas specified in	11011
section 2101.022 or 2301.03 of the Revised Code as having	11012
jurisdiction under this chapter and Chapter 2152. of the Revised	11013
Code or as being the juvenile division or the juvenile division	11014
combined with one or more other divisions;	11015

(b) The juvenile court of Cuyahoga county or Hamilton county	11016
that is separately and independently created by section 2151.08 or	11017
Chapter 2153. of the Revised Code and that has jurisdiction under	11018
this chapter and Chapter 2152. of the Revised Code;	11019

(c) If division (A)(1)(a) or (b) of this section does not	11020
apply, the probate division of the court of common pleas.	11021

(2) "Juvenile judge" means a judge of a court having	11022
jurisdiction under this chapter.	11023

(3) "Private child placing agency" means any association, as	11024
defined in section 5103.02 of the Revised Code, that is certified	11025
under section 5103.03 of the Revised Code to accept temporary,	11026
permanent, or legal custody of children and place the children for	11027
either foster care or adoption.	11028

(4) "Private noncustodial agency" means any person,	11029
organization, association, or society certified by the department	11030
of job and family services that does not accept temporary or	11031
permanent legal custody of children, that is privately operated in	11032
this state, and that does one or more of the following:	11033

(a) Receives and cares for children for two or more	11034
consecutive weeks;	11035

(b) Participates in the placement of children in certified	11036
foster homes;	11037

(c) Provides adoption services in conjunction with a public	11038
children services agency or private child placing agency.	11039

(B) As used in this chapter:

11040

(1) "Adequate parental care" means the provision by a child's	11041
parent or parents, guardian, or custodian of adequate food,	11042
clothing, and shelter to ensure the child's health and physical	11043
safety and the provision by a child's parent or parents of	11044
specialized services warranted by the child's physical or mental	11045
needs.	11046

(2) "Adult" means an individual who is eighteen years of age	11047
or older.	11048

(3) "Agreement for temporary custody" means a voluntary	11049
agreement authorized by section 5103.15 of the Revised Code that	11050
transfers the temporary custody of a child to a public children	11051
services agency or a private child placing agency.	11052

(4) "Alternative response" means the public children services	11053
agency's response to a report of child abuse or neglect that	11054
engages the family in a comprehensive evaluation of child safety,	11055
risk of subsequent harm, and family strengths and needs and that	11056
does not include a determination as to whether child abuse or	11057
neglect occurred.	11058

(5) "Certified foster home" means a foster home, as defined	11059
in section 5103.02 of the Revised Code, certified under section	11060
5103.03 of the Revised Code.	11061

(6) "Child" means a person who is under eighteen years of	11062
age, except that the juvenile court has jurisdiction over any	11063
person who is adjudicated an unruly child prior to attaining	11064
eighteen years of age until the person attains twenty-one years of	11065
age, and, for purposes of that jurisdiction related to that	11066
adjudication, a person who is so adjudicated an unruly child shall	11067
be deemed a "child" until the person attains twenty-one years of	11068
age.	11069

(7) "Child day camp," "child care," "child day-care center,"	11070
"part-time child day-care center," "type A family day-care home,"	11071
"~~certified~~licensed type B family day-care home," "type B family	11072
day-care home," "administrator of a child day-care center,"	11073
"administrator of a type A family day-care home," and "in-home	11074
aide," ~~and "authorized provider"~~ have the same meanings as in	11075
section 5104.01 of the Revised Code.	11076

(8) "Child care provider" means an individual who is a	11077
child-care staff member or administrator of a child day-care	11078
center, a type A family day-care home, or a type B family day-care	11079
home, or an in-home aide or an individual who is licensed, is	11080
regulated, is approved, operates under the direction of, or	11081
otherwise is certified by the department of job and family	11082
services, department of developmental disabilities, or the early	11083
childhood programs of the department of education.	11084

(9) "Chronic truant" has the same meaning as in section	11085
2152.02 of the Revised Code.	11086

(10) "Commit" means to vest custody as ordered by the court.

11087

(11) "Counseling" includes both of the following:

11088

(a) General counseling services performed by a public	11089
children services agency or shelter for victims of domestic	11090
violence to assist a child, a child's parents, and a child's	11091
siblings in alleviating identified problems that may cause or have	11092
caused the child to be an abused, neglected, or dependent child.	11093

(b) Psychiatric or psychological therapeutic counseling	11094
services provided to correct or alleviate any mental or emotional	11095
illness or disorder and performed by a licensed psychiatrist,	11096
licensed psychologist, or a person licensed under Chapter 4757. of	11097
the Revised Code to engage in social work or professional	11098
counseling.	11099

(12) "Custodian" means a person who has legal custody of a	11100
child or a public children services agency or private child	11101
placing agency that has permanent, temporary, or legal custody of	11102
a child.	11103

(13) "Delinquent child" has the same meaning as in section	11104
2152.02 of the Revised Code.	11105

(14) "Detention" means the temporary care of children pending	11106
court adjudication or disposition, or execution of a court order,	11107
in a public or private facility designed to physically restrict	11108
the movement and activities of children.	11109

(15) "Developmental disability" has the same meaning as in	11110
section 5123.01 of the Revised Code.	11111

(16) "Differential response approach" means an approach that	11112
a public children services agency may use to respond to accepted	11113
reports of child abuse or neglect with either an alternative	11114
response or a traditional response.	11115

(17) "Foster caregiver" has the same meaning as in section	11116
5103.02 of the Revised Code.	11117

(18) "Guardian" means a person, association, or corporation	11118
that is granted authority by a probate court pursuant to Chapter	11119
2111. of the Revised Code to exercise parental rights over a child	11120
to the extent provided in the court's order and subject to the	11121
residual parental rights of the child's parents.	11122

(19) "Habitual truant" means any child of compulsory school	11123
age who is absent without legitimate excuse for absence from the	11124
public school the child is supposed to attend for five or more	11125
consecutive school days, seven or more school days in one school	11126
month, or twelve or more school days in a school year.	11127

(20) "Juvenile traffic offender" has the same meaning as in	11128
section 2152.02 of the Revised Code.	11129

(21) "Legal custody" means a legal status that vests in the	11130
custodian the right to have physical care and control of the child	11131
and to determine where and with whom the child shall live, and the	11132
right and duty to protect, train, and discipline the child and to	11133
provide the child with food, shelter, education, and medical care,	11134
all subject to any residual parental rights, privileges, and	11135
responsibilities. An individual granted legal custody shall	11136
exercise the rights and responsibilities personally unless	11137
otherwise authorized by any section of the Revised Code or by the	11138
court.	11139

(22) A "legitimate excuse for absence from the public school	11140
the child is supposed to attend" includes, but is not limited to,	11141
any of the following:	11142

(a) The fact that the child in question has enrolled in and	11143
is attending another public or nonpublic school in this or another	11144
state;	11145

(b) The fact that the child in question is excused from	11146
attendance at school for any of the reasons specified in section	11147
3321.04 of the Revised Code;	11148

(c) The fact that the child in question has received an age	11149
and schooling certificate in accordance with section 3331.01 of	11150
the Revised Code.	11151

(23) "Mental illness" and "mentally ill person subject to	11152
hospitalization by court order" have the same meanings as in	11153
section 5122.01 of the Revised Code.	11154

(24) "Mental injury" means any behavioral, cognitive,	11155
emotional, or mental disorder in a child caused by an act or	11156
omission that is described in section 2919.22 of the Revised Code	11157
and is committed by the parent or other person responsible for the	11158
child's care.	11159

(25) "Mentally retarded person" has the same meaning as in	11160
section 5123.01 of the Revised Code.	11161

(26) "Nonsecure care, supervision, or training" means care,	11162
supervision, or training of a child in a facility that does not	11163
confine or prevent movement of the child within the facility or	11164
from the facility.	11165

(27) "Of compulsory school age" has the same meaning as in	11166
section 3321.01 of the Revised Code.	11167

(28) "Organization" means any institution, public,	11168
semipublic, or private, and any private association, society, or	11169
agency located or operating in the state, incorporated or	11170
unincorporated, having among its functions the furnishing of	11171
protective services or care for children, or the placement of	11172
children in certified foster homes or elsewhere.	11173

(29) "Out-of-home care" means detention facilities, shelter	11174
facilities, certified children's crisis care facilities, certified	11175
foster homes, placement in a prospective adoptive home prior to	11176
the issuance of a final decree of adoption, organizations,	11177
certified organizations, child day-care centers, type A family	11178
day-care homes, type B family day-care homes, child care provided	11179
by ~~type B family day-care home providers and by~~ in-home aides,	11180
group home providers, group homes, institutions, state	11181
institutions, residential facilities, residential care facilities,	11182
residential camps, day camps, public schools, chartered nonpublic	11183
schools, educational service centers, hospitals, and medical	11184
clinics that are responsible for the care, physical custody, or	11185
control of children.	11186

(30) "Out-of-home care child abuse" means any of the	11187
following when committed by a person responsible for the care of a	11188
child in out-of-home care:	11189

(a) Engaging in sexual activity with a child in the person's	11190
care;	11191

(b) Denial to a child, as a means of punishment, of proper or	11192
necessary subsistence, education, medical care, or other care	11193
necessary for a child's health;	11194

(c) Use of restraint procedures on a child that cause injury	11195
or pain;	11196

(d) Administration of prescription drugs or psychotropic	11197
medication to the child without the written approval and ongoing	11198
supervision of a licensed physician;	11199

(e) Commission of any act, other than by accidental means,	11200
that results in any injury to or death of the child in out-of-home	11201
care or commission of any act by accidental means that results in	11202
an injury to or death of a child in out-of-home care and that is	11203
at variance with the history given of the injury or death.	11204

(31) "Out-of-home care child neglect" means any of the	11205
following when committed by a person responsible for the care of a	11206
child in out-of-home care:	11207

(a) Failure to provide reasonable supervision according to	11208
the standards of care appropriate to the age, mental and physical	11209
condition, or other special needs of the child;	11210

(b) Failure to provide reasonable supervision according to	11211
the standards of care appropriate to the age, mental and physical	11212
condition, or other special needs of the child, that results in	11213
sexual or physical abuse of the child by any person;	11214

11215

(i) Administration of prescription drugs or psychotropic	11216
drugs for the child;	11217

(ii) Assuring that the instructions of the licensed physician	11218
who prescribed a drug for the child are followed;	11219

(iii) Reporting to the licensed physician who prescribed the	11220
drug all unfavorable or dangerous side effects from the use of the	11221
drug.	11222

(d) Failure to provide proper or necessary subsistence,	11223
education, medical care, or other individualized care necessary	11224
for the health or well-being of the child;	11225

(e) Confinement of the child to a locked room without	11226
monitoring by staff;	11227

(f) Failure to provide ongoing security for all prescription	11228
and nonprescription medication;	11229

(g) Isolation of a child for a period of time when there is	11230
substantial risk that the isolation, if continued, will impair or	11231
retard the mental health or physical well-being of the child.	11232

(32) "Permanent custody" means a legal status that vests in a	11233
public children services agency or a private child placing agency,	11234
all parental rights, duties, and obligations, including the right	11235
to consent to adoption, and divests the natural parents or	11236
adoptive parents of all parental rights, privileges, and	11237
obligations, including all residual rights and obligations.	11238

(33) "Permanent surrender" means the act of the parents or,	11239
if a child has only one parent, of the parent of a child, by a	11240
voluntary agreement authorized by section 5103.15 of the Revised	11241
Code, to transfer the permanent custody of the child to a public	11242
children services agency or a private child placing agency.	11243

(34) "Person" means an individual, association, corporation,	11244
or partnership and the state or any of its political subdivisions,	11245
departments, or agencies.	11246

(35) "Person responsible for a child's care in out-of-home	11247
care" means any of the following:	11248

(a) Any foster caregiver, in-home aide, or provider;

11249

(b) Any administrator, employee, or agent of any of the	11250
following: a public or private detention facility; shelter	11251
facility; certified children's crisis care facility; organization;	11252
certified organization; child day-care center; type A family	11253
day-care home; ~~certified~~licensed type B family day-care home;	11254
group home; institution; state institution; residential facility;	11255
residential care facility; residential camp; day camp; school	11256
district; community school; chartered nonpublic school;	11257
educational service center; hospital; or medical clinic;	11258

(c) Any person who supervises or coaches children as part of	11259
an extracurricular activity sponsored by a school district, public	11260
school, or chartered nonpublic school;	11261

(d) Any other person who performs a similar function with	11262
respect to, or has a similar relationship to, children.	11263

(36) "Physically impaired" means having one or more of the	11264
following conditions that substantially limit one or more of an	11265
individual's major life activities, including self-care, receptive	11266
and expressive language, learning, mobility, and self-direction:	11267

(a) A substantial impairment of vision, speech, or hearing;

11268

(b) A congenital orthopedic impairment;

11269

(c) An orthopedic impairment caused by disease, rheumatic	11270
fever or any other similar chronic or acute health problem, or	11271
amputation or another similar cause.	11272

(37) "Placement for adoption" means the arrangement by a	11273
public children services agency or a private child placing agency	11274
with a person for the care and adoption by that person of a child	11275
of whom the agency has permanent custody.	11276

(38) "Placement in foster care" means the arrangement by a	11277
public children services agency or a private child placing agency	11278
for the out-of-home care of a child of whom the agency has	11279
temporary custody or permanent custody.	11280

(39) "Planned permanent living arrangement" means an order of	11281
a juvenile court pursuant to which both of the following apply:	11282

(a) The court gives legal custody of a child to a public	11283
children services agency or a private child placing agency without	11284
the termination of parental rights.	11285

(b) The order permits the agency to make an appropriate	11286
placement of the child and to enter into a written agreement with	11287
a foster care provider or with another person or agency with whom	11288
the child is placed.	11289

(40) "Practice of social work" and "practice of professional	11290
counseling" have the same meanings as in section 4757.01 of the	11291
Revised Code.	11292

(41) "Sanction, service, or condition" means a sanction,	11293
service, or condition created by court order following an	11294
adjudication that a child is an unruly child that is described in	11295
division (A)(4) of section 2152.19 of the Revised Code.	11296

(42) "Protective supervision" means an order of disposition	11297
pursuant to which the court permits an abused, neglected,	11298
dependent, or unruly child to remain in the custody of the child's	11299
parents, guardian, or custodian and stay in the child's home,	11300
subject to any conditions and limitations upon the child, the	11301
child's parents, guardian, or custodian, or any other person that	11302
the court prescribes, including supervision as directed by the	11303
court for the protection of the child.	11304

(43) "Psychiatrist" has the same meaning as in section	11305
5122.01 of the Revised Code.	11306

(44) "Psychologist" has the same meaning as in section	11307
4732.01 of the Revised Code.	11308

(45) "Residential camp" means a program in which the care,	11309
physical custody, or control of children is accepted overnight for	11310
recreational or recreational and educational purposes.	11311

(46) "Residential care facility" means an institution,	11312
residence, or facility that is licensed by the department of	11313
mental health under section 5119.22 of the Revised Code and that	11314
provides care for a child.	11315

(47) "Residential facility" means a home or facility that is	11316
licensed by the department of developmental disabilities under	11317
section 5123.19 of the Revised Code and in which a child with a	11318
developmental disability resides.	11319

(48) "Residual parental rights, privileges, and	11320
responsibilities" means those rights, privileges, and	11321
responsibilities remaining with the natural parent after the	11322
transfer of legal custody of the child, including, but not	11323
necessarily limited to, the privilege of reasonable visitation,	11324
consent to adoption, the privilege to determine the child's	11325
religious affiliation, and the responsibility for support.	11326

(49) "School day" means the school day established by the	11327
state board of education pursuant to section 3313.48 of the	11328
Revised Code.	11329

(50) "School month" and "school year" have the same meanings	11330
as in section 3313.62 of the Revised Code.	11331

(51) "Secure correctional facility" means a facility under	11332
the direction of the department of youth services that is designed	11333
to physically restrict the movement and activities of children and	11334
used for the placement of children after adjudication and	11335
disposition.	11336

(52) "Sexual activity" has the same meaning as in section	11337
2907.01 of the Revised Code.	11338

(53) "Shelter" means the temporary care of children in	11339
physically unrestricted facilities pending court adjudication or	11340
disposition.	11341

(54) "Shelter for victims of domestic violence" has the same	11342
meaning as in section 3113.33 of the Revised Code.	11343

(55) "Temporary custody" means legal custody of a child who	11344
is removed from the child's home, which custody may be terminated	11345
at any time at the discretion of the court or, if the legal	11346
custody is granted in an agreement for temporary custody, by the	11347
person who executed the agreement.	11348

(56) "Traditional response" means a public children services	11349
agency's response to a report of child abuse or neglect that	11350
encourages engagement of the family in a comprehensive evaluation	11351
of the child's current and future safety needs and a fact-finding	11352
process to determine whether child abuse or neglect occurred and	11353
the circumstances surrounding the alleged harm or risk of harm.	11354

(C) For the purposes of this chapter, a child shall be	11355
presumed abandoned when the parents of the child have failed to	11356
visit or maintain contact with the child for more than ninety	11357
days, regardless of whether the parents resume contact with the	11358
child after that period of ninety days.	11359

Sec. 2919.227. (A)(1) No child care center licensee shall	11360
accept a child into that center without first providing to the	11361
parent, guardian, custodian, or other person responsible for the	11362
care of that child the following information, if the parent,	11363
guardian, custodian, or other person responsible for the care of	11364
the child requests the information:	11365

(a) The types of injuries to children, as reported in	11366
accordance with rules adopted under section ~~5104.011~~5104.015 of	11367
the Revised Code, that occurred at the center on or after April 1,	11368
2003, or the date that is two years before the date the	11369
information is requested, whichever date is more recent;	11370

(b) The number of each type of injury to children that	11371
occurred at the center during that period.	11372

(2) If a death described in division (A)(2)(a) or (A)(2)(b)	11373
of this section occurred during the fifteen-year period	11374
immediately preceding the date that the parent, guardian,	11375
custodian, or other person responsible for the care of a child	11376
seeks to enroll that child, no child care center licensee shall	11377
accept that child into that center without first providing to the	11378
parent, guardian, custodian, or other person responsible for the	11379
care of that child a notice that states that the death occurred.	11380

(a) A child died while under the care of the center or while	11381
receiving child care from the owner, provider, or administrator of	11382
the center;	11383

(b) A child died as a result of injuries suffered while under	11384
the care of the center or while receiving child care from the	11385
owner, provider, or administrator of the center.	11386

(3) Each child care center licensee shall keep on file at the	11387
center a copy of the information provided under this division for	11388
at least three years after providing the information.	11389

(B)(1) No child care center licensee shall fail to provide	11390
notice in accordance with division (B)(3) of this section to the	11391
persons and entities specified in division (B)(2) of this section	11392
if a child who is under the care of the center or is receiving	11393
child care from the owner, provider, or administrator of the	11394
center dies while under the care of the center or while receiving	11395
child care from the owner, provider, or administrator or dies as a	11396
result of injuries suffered while under the care of the center or	11397
while receiving child care from the owner, provider, or	11398
administrator.	11399

(2) A child care center licensee shall provide the notice	11400
required under division (B)(1) of this section to all of the	11401
following:	11402

(a) The parent, guardian, custodian, or other person	11403
responsible for the care of each child who, at the time of the	11404
death for which notice is required, is receiving or is enrolled to	11405
receive child care from the center;	11406

(b) The public children services agency of the county in	11407
which the center is located or the child care was given;	11408

(c) A municipal or county peace officer in the county in	11409
which the child resides or in which the center is located or the	11410
child care was given;	11411

(d) The child fatality review board appointed under section	11412
307.621 of the Revised Code that serves the county in which the	11413
center is located or the child care was given.	11414

(3) A child care center licensee shall provide the notice	11415
required by division (B)(1) of this section not later than	11416
forty-eight hours after the child dies. The notice shall state	11417
that the death occurred.	11418

(C) Whoever violates division (A) or (B) of this section is	11419
guilty of failure of a child care center to disclose the death or	11420
serious injury of a child, a misdemeanor of the fourth degree.	11421

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	11422
the Revised Code:	11423

(A) "Application form" means the application form prescribed	11424
pursuant to division (A)(1) of section 109.731 of the Revised Code	11425
and includes a copy of that form.	11426

(B) "Competency certification" and "competency certificate"	11427
mean a document of the type described in division (B)(3) of	11428
section 2923.125 of the Revised Code.	11429

(C) "Detention facility" has the same meaning as in section	11430
2921.01 of the Revised Code.	11431

(D) "Licensee" means a person to whom a license to carry a	11432
concealed handgun has been issued under section 2923.125 of the	11433
Revised Code and, except when the context clearly indicates	11434
otherwise, includes a person to whom a temporary emergency license	11435
to carry a concealed handgun has been issued under section	11436
2923.1213 of the Revised Code.	11437

(E) "License fee" or "license renewal fee" means the fee for	11438
a license to carry a concealed handgun or the fee to renew that	11439
license that is prescribed pursuant to division (C) of section	11440
109.731 of the Revised Code and that is to be paid by an applicant	11441
for a license of that type.	11442

(F) "Peace officer" has the same meaning as in section	11443
2935.01 of the Revised Code.	11444

(G) "State correctional institution" has the same meaning as	11445
in section 2967.01 of the Revised Code.	11446

(H) "Valid license" means a license or temporary emergency	11447
license to carry a concealed handgun that has been issued under	11448
section 2923.125 or 2923.1213 of the Revised Code, that is	11449
currently valid, that is not under a suspension under division	11450
(A)(1) of section 2923.128 or under section 2923.1213 of the	11451
Revised Code, and that has not been revoked under division (B)(1)	11452
of section 2923.128 or under section 2923.1213 of the Revised	11453
Code.	11454

(I) "Civil protection order" means a protection order issued,	11455
or consent agreement approved, under section 2903.214 or 3113.31	11456
of the Revised Code.	11457

(J) "Temporary protection order" means a protection order	11458
issued under section 2903.213 or 2919.26 of the Revised Code.	11459

(K) "Protection order issued by a court of another state" has	11460
the same meaning as in section 2919.27 of the Revised Code.	11461

(L) "Child day-care center," "type A family day-care home"	11462
and "type B family day-care home" have the same meanings as in	11463
section 5104.01 of the Revised Code.	11464

(M) ~~"Type C family day-care home" means a family day-care~~	11465
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	11466
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	11467
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	11468

~~(N)~~ "Foreign air transportation," "interstate air	11469
transportation," and "intrastate air transportation" have the same	11470
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	11471

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	11472
division (A) of section 4506.25 of the Revised Code.	11473

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	11474
as in section 2923.16 of the Revised Code.	11475

Sec. 2923.126. (A) A license to carry a concealed handgun	11476
that is issued under section 2923.125 of the Revised Code on or	11477
after March 14, 2007, shall expire five years after the date of	11478
issuance, and a license that is so issued prior to March 14, 2007,	11479
shall expire four years after the date of issuance. A licensee who	11480
has been issued a license under that section shall be granted a	11481
grace period of thirty days after the licensee's license expires	11482
during which the licensee's license remains valid. Except as	11483
provided in divisions (B) and (C) of this section, a licensee who	11484
has been issued a license under section 2923.125 or 2923.1213 of	11485
the Revised Code may carry a concealed handgun anywhere in this	11486
state if the licensee also carries a valid license and valid	11487
identification when the licensee is in actual possession of a	11488
concealed handgun. The licensee shall give notice of any change in	11489
the licensee's residence address to the sheriff who issued the	11490
license within forty-five days after that change.	11491

If a licensee is the driver or an occupant of a motor vehicle	11492
that is stopped as the result of a traffic stop or a stop for	11493
another law enforcement purpose and if the licensee is	11494
transporting or has a loaded handgun in the motor vehicle at that	11495
time, the licensee shall promptly inform any law enforcement	11496
officer who approaches the vehicle while stopped that the licensee	11497
has been issued a license or temporary emergency license to carry	11498
a concealed handgun and that the licensee currently possesses or	11499
has a loaded handgun; the licensee shall not knowingly disregard	11500
or fail to comply with lawful orders of a law enforcement officer	11501
given while the motor vehicle is stopped, knowingly fail to remain	11502
in the motor vehicle while stopped, or knowingly fail to keep the	11503
licensee's hands in plain sight after any law enforcement officer	11504
begins approaching the licensee while stopped and before the	11505
officer leaves, unless directed otherwise by a law enforcement	11506
officer; and the licensee shall not knowingly remove, attempt to	11507
remove, grasp, or hold the loaded handgun or knowingly have	11508
contact with the loaded handgun by touching it with the licensee's	11509
hands or fingers, in any manner in violation of division (E) of	11510
section 2923.16 of the Revised Code, after any law enforcement	11511
officer begins approaching the licensee while stopped and before	11512
the officer leaves. Additionally, if a licensee is the driver or	11513
an occupant of a commercial motor vehicle that is stopped by an	11514
employee of the motor carrier enforcement unit for the purposes	11515
defined in section 5503.04 of the Revised Code and if the licensee	11516
is transporting or has a loaded handgun in the commercial motor	11517
vehicle at that time, the licensee shall promptly inform the	11518
employee of the unit who approaches the vehicle while stopped that	11519
the licensee has been issued a license or temporary emergency	11520
license to carry a concealed handgun and that the licensee	11521
currently possesses or has a loaded handgun.	11522

If a licensee is stopped for a law enforcement purpose and if	11523
the licensee is carrying a concealed handgun at the time the	11524
officer approaches, the licensee shall promptly inform any law	11525
enforcement officer who approaches the licensee while stopped that	11526
the licensee has been issued a license or temporary emergency	11527
license to carry a concealed handgun and that the licensee	11528
currently is carrying a concealed handgun; the licensee shall not	11529
knowingly disregard or fail to comply with lawful orders of a law	11530
enforcement officer given while the licensee is stopped or	11531
knowingly fail to keep the licensee's hands in plain sight after	11532
any law enforcement officer begins approaching the licensee while	11533
stopped and before the officer leaves, unless directed otherwise	11534
by a law enforcement officer; and the licensee shall not knowingly	11535
remove, attempt to remove, grasp, or hold the loaded handgun or	11536
knowingly have contact with the loaded handgun by touching it with	11537
the licensee's hands or fingers, in any manner in violation of	11538
division (B) of section 2923.12 of the Revised Code, after any law	11539
enforcement officer begins approaching the licensee while stopped	11540
and before the officer leaves.	11541

(B) A valid license issued under section 2923.125 or	11542
2923.1213 of the Revised Code does not authorize the licensee to	11543
carry a concealed handgun in any manner prohibited under division	11544
(B) of section 2923.12 of the Revised Code or in any manner	11545
prohibited under section 2923.16 of the Revised Code. A valid	11546
license does not authorize the licensee to carry a concealed	11547
handgun into any of the following places:	11548

(1) A police station, sheriff's office, or state highway	11549
patrol station, premises controlled by the bureau of criminal	11550
identification and investigation, a state correctional	11551
institution, jail, workhouse, or other detention facility, an	11552
airport passenger terminal, or an institution that is maintained,	11553
operated, managed, and governed pursuant to division (A) of	11554
section 5119.02 of the Revised Code or division (A)(1) of section	11555
5123.03 of the Revised Code;	11556

(2) A school safety zone if the licensee's carrying the	11557
concealed handgun is in violation of section 2923.122 of the	11558
Revised Code;	11559

(3) A courthouse or another building or structure in which a	11560
courtroom is located, in violation of section 2923.123 of the	11561
Revised Code;	11562

(4) Any premises or open air arena for which a D permit has	11563
been issued under Chapter 4303. of the Revised Code if the	11564
licensee's carrying the concealed handgun is in violation of	11565
section 2923.121 of the Revised Code;	11566

(5) Any premises owned or leased by any public or private	11567
college, university, or other institution of higher education,	11568
unless the handgun is in a locked motor vehicle or the licensee is	11569
in the immediate process of placing the handgun in a locked motor	11570
vehicle;	11571

(6) Any church, synagogue, mosque, or other place of worship,	11572
unless the church, synagogue, mosque, or other place of worship	11573
posts or permits otherwise;	11574

(7) A child day-care center, a type A family day-care home,	11575
or a type B family day-care home~~, or a type C family day-care~~	11576
~~home~~, except that this division does not prohibit a licensee who	11577
resides in a type A family day-care home,or a type B family	11578
day-care home~~, or a type C family day-care home~~ from carrying a	11579
concealed handgun at any time in any part of the home that is not	11580
dedicated or used for day-care purposes, or from carrying a	11581
concealed handgun in a part of the home that is dedicated or used	11582
for day-care purposes at any time during which no children, other	11583
than children of that licensee, are in the home;	11584

(8) An aircraft that is in, or intended for operation in,	11585
foreign air transportation, interstate air transportation,	11586
intrastate air transportation, or the transportation of mail by	11587
aircraft;	11588

(9) Any building that is a government facility of this state	11589
or a political subdivision of this state and that is not a	11590
building that is used primarily as a shelter, restroom, parking	11591
facility for motor vehicles, or rest facility and is not a	11592
courthouse or other building or structure in which a courtroom is	11593
located that is subject to division (B)(3) of this section;	11594

(10) A place in which federal law prohibits the carrying of	11595
handguns.	11596

(C)(1) Nothing in this section shall negate or restrict a	11597
rule, policy, or practice of a private employer that is not a	11598
private college, university, or other institution of higher	11599
education concerning or prohibiting the presence of firearms on	11600
the private employer's premises or property, including motor	11601
vehicles owned by the private employer. Nothing in this section	11602
shall require a private employer of that nature to adopt a rule,	11603
policy, or practice concerning or prohibiting the presence of	11604
firearms on the private employer's premises or property, including	11605
motor vehicles owned by the private employer.	11606

(2)(a) A private employer shall be immune from liability in a	11607
civil action for any injury, death, or loss to person or property	11608
that allegedly was caused by or related to a licensee bringing a	11609
handgun onto the premises or property of the private employer,	11610
including motor vehicles owned by the private employer, unless the	11611
private employer acted with malicious purpose. A private employer	11612
is immune from liability in a civil action for any injury, death,	11613
or loss to person or property that allegedly was caused by or	11614
related to the private employer's decision to permit a licensee to	11615
bring, or prohibit a licensee from bringing, a handgun onto the	11616
premises or property of the private employer. As used in this	11617
division, "private employer" includes a private college,	11618
university, or other institution of higher education.	11619

(b) A political subdivision shall be immune from liability in	11620
a civil action, to the extent and in the manner provided in	11621
Chapter 2744. of the Revised Code, for any injury, death, or loss	11622
to person or property that allegedly was caused by or related to a	11623
licensee bringing a handgun onto any premises or property owned,	11624
leased, or otherwise under the control of the political	11625
subdivision. As used in this division, "political subdivision" has	11626
the same meaning as in section 2744.01 of the Revised Code.	11627

(3)(a) Except as provided in division (C)(3)(b) of this	11628
section, the owner or person in control of private land or	11629
premises, and a private person or entity leasing land or premises	11630
owned by the state, the United States, or a political subdivision	11631
of the state or the United States, may post a sign in a	11632
conspicuous location on that land or on those premises prohibiting	11633
persons from carrying firearms or concealed firearms on or onto	11634
that land or those premises. Except as otherwise provided in this	11635
division, a person who knowingly violates a posted prohibition of	11636
that nature is guilty of criminal trespass in violation of	11637
division (A)(4) of section 2911.21 of the Revised Code and is	11638
guilty of a misdemeanor of the fourth degree. If a person	11639
knowingly violates a posted prohibition of that nature and the	11640
posted land or premises primarily was a parking lot or other	11641
parking facility, the person is not guilty of criminal trespass in	11642
violation of division (A)(4) of section 2911.21 of the Revised	11643
Code and instead is subject only to a civil cause of action for	11644
trespass based on the violation.	11645

(b) A landlord may not prohibit or restrict a tenant who is a	11646
licensee and who on or after ~~the effective date of this amendment~~	11647
September 9, 2008, enters into a rental agreement with the	11648
landlord for the use of residential premises, and the tenant's	11649
guest while the tenant is present, from lawfully carrying or	11650
possessing a handgun on those residential premises.	11651

11652

(i) "Residential premises" has the same meaning as in section	11653
5321.01 of the Revised Code, except "residential premises" does	11654
not include a dwelling unit that is owned or operated by a college	11655
or university.	11656

(ii) "Landlord," "tenant," and "rental agreement" have the	11657
same meanings as in section 5321.01 of the Revised Code.	11658

(D) A person who holds a license to carry a concealed handgun	11659
that was issued pursuant to the law of another state that is	11660
recognized by the attorney general pursuant to a reciprocity	11661
agreement entered into pursuant to section 109.69 of the Revised	11662
Code has the same right to carry a concealed handgun in this state	11663
as a person who was issued a license to carry a concealed handgun	11664
under section 2923.125 of the Revised Code and is subject to the	11665
same restrictions that apply to a person who carries a license	11666
issued under that section.	11667

(E) A peace officer has the same right to carry a concealed	11668
handgun in this state as a person who was issued a license to	11669
carry a concealed handgun under section 2923.125 of the Revised	11670
Code. For purposes of reciprocity with other states, a peace	11671
officer shall be considered to be a licensee in this state.	11672

(F)(1) A qualified retired peace officer who possesses a	11673
retired peace officer identification card issued pursuant to	11674
division (F)(2) of this section and a valid firearms	11675
requalification certification issued pursuant to division (F)(3)	11676
of this section has the same right to carry a concealed handgun in	11677
this state as a person who was issued a license to carry a	11678
concealed handgun under section 2923.125 of the Revised Code and	11679
is subject to the same restrictions that apply to a person who	11680
carries a license issued under that section. For purposes of	11681
reciprocity with other states, a qualified retired peace officer	11682
who possesses a retired peace officer identification card issued	11683
pursuant to division (F)(2) of this section and a valid firearms	11684
requalification certification issued pursuant to division (F)(3)	11685
of this section shall be considered to be a licensee in this	11686
state.	11687

(2)(a) Each public agency of this state or of a political	11688
subdivision of this state that is served by one or more peace	11689
officers shall issue a retired peace officer identification card	11690
to any person who retired from service as a peace officer with	11691
that agency, if the issuance is in accordance with the agency's	11692
policies and procedures and if the person, with respect to the	11693
person's service with that agency, satisfies all of the following:	11694

(i) The person retired in good standing from service as a	11695
peace officer with the public agency, and the retirement was not	11696
for reasons of mental instability.	11697

(ii) Before retiring from service as a peace officer with	11698
that agency, the person was authorized to engage in or supervise	11699
the prevention, detection, investigation, or prosecution of, or	11700
the incarceration of any person for, any violation of law and the	11701
person had statutory powers of arrest.	11702

(iii) At the time of the person's retirement as a peace	11703
officer with that agency, the person was trained and qualified to	11704
carry firearms in the performance of the peace officer's duties.	11705

(iv) Before retiring from service as a peace officer with	11706
that agency, the person was regularly employed as a peace officer	11707
for an aggregate of fifteen years or more, or, in the alternative,	11708
the person retired from service as a peace officer with that	11709
agency, after completing any applicable probationary period of	11710
that service, due to a service-connected disability, as determined	11711
by the agency.	11712

(b) A retired peace officer identification card issued to a	11713
person under division (F)(2)(a) of this section shall identify the	11714
person by name, contain a photograph of the person, identify the	11715
public agency of this state or of the political subdivision of	11716
this state from which the person retired as a peace officer and	11717
that is issuing the identification card, and specify that the	11718
person retired in good standing from service as a peace officer	11719
with the issuing public agency and satisfies the criteria set	11720
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	11721
addition to the required content specified in this division, a	11722
retired peace officer identification card issued to a person under	11723
division (F)(2)(a) of this section may include the firearms	11724
requalification certification described in division (F)(3) of this	11725
section, and if the identification card includes that	11726
certification, the identification card shall serve as the firearms	11727
requalification certification for the retired peace officer. If	11728
the issuing public agency issues credentials to active law	11729
enforcement officers who serve the agency, the agency may comply	11730
with division (F)(2)(a) of this section by issuing the same	11731
credentials to persons who retired from service as a peace officer	11732
with the agency and who satisfy the criteria set forth in	11733
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	11734
credentials so issued to retired peace officers are stamped with	11735
the word "RETIRED."	11736

(c) A public agency of this state or of a political	11737
subdivision of this state may charge persons who retired from	11738
service as a peace officer with the agency a reasonable fee for	11739
issuing to the person a retired peace officer identification card	11740
pursuant to division (F)(2)(a) of this section.	11741

(3) If a person retired from service as a peace officer with	11742
a public agency of this state or of a political subdivision of	11743
this state and the person satisfies the criteria set forth in	11744
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	11745
may provide the retired peace officer with the opportunity to	11746
attend a firearms requalification program that is approved for	11747
purposes of firearms requalification required under section	11748
109.801 of the Revised Code. The retired peace officer may be	11749
required to pay the cost of the course.	11750

If a retired peace officer who satisfies the criteria set	11751
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	11752
firearms requalification program that is approved for purposes of	11753
firearms requalification required under section 109.801 of the	11754
Revised Code, the retired peace officer's successful completion of	11755
the firearms requalification program requalifies the retired peace	11756
officer for purposes of division (F) of this section for five	11757
years from the date on which the program was successfully	11758
completed, and the requalification is valid during that five-year	11759
period. If a retired peace officer who satisfies the criteria set	11760
forth in divisions (F)(2)(a)(i) to (iv) of this section	11761
satisfactorily completes such a firearms requalification program,	11762
the retired peace officer shall be issued a firearms	11763
requalification certification that identifies the retired peace	11764
officer by name, identifies the entity that taught the program,	11765
specifies that the retired peace officer successfully completed	11766
the program, specifies the date on which the course was	11767
successfully completed, and specifies that the requalification is	11768
valid for five years from that date of successful completion. The	11769
firearms requalification certification for a retired peace officer	11770
may be included in the retired peace officer identification card	11771
issued to the retired peace officer under division (F)(2) of this	11772
section.	11773

A retired peace officer who attends a firearms	11774
requalification program that is approved for purposes of firearms	11775
requalification required under section 109.801 of the Revised Code	11776
may be required to pay the cost of the program.	11777

(G) As used in this section:

11778

(1) "Qualified retired peace officer" means a person who	11779
satisfies all of the following:	11780

(a) The person satisfies the criteria set forth in divisions	11781
(F)(2)(a)(i) to (v) of this section.	11782

(b) The person is not under the influence of alcohol or	11783
another intoxicating or hallucinatory drug or substance.	11784

(c) The person is not prohibited by federal law from	11785
receiving firearms.	11786

(2) "Retired peace officer identification card" means an	11787
identification card that is issued pursuant to division (F)(2) of	11788
this section to a person who is a retired peace officer.	11789

(3) "Government facility of this state or a political	11790
subdivision of this state" means any of the following:	11791

(a) A building or part of a building that is owned or leased	11792
by the government of this state or a political subdivision of this	11793
state and where employees of the government of this state or the	11794
political subdivision regularly are present for the purpose of	11795
performing their official duties as employees of the state or	11796
political subdivision;	11797

(b) The office of a deputy registrar serving pursuant to	11798
Chapter 4503. of the Revised Code that is used to perform deputy	11799
registrar functions.	11800

Sec. 2923.1212. (A) The following persons, boards, and	11801
entities, or designees, shall post in the following locations a	11802
sign that contains a statement in substantially the following	11803
form: "Unless otherwise authorized by law, pursuant to the Ohio	11804
Revised Code, no person shall knowingly possess, have under the	11805
person's control, convey, or attempt to convey a deadly weapon or	11806
dangerous ordnance onto these premises.":	11807

(1) The director of public safety or the person or board	11808
charged with the erection, maintenance, or repair of police	11809
stations, municipal jails, and the municipal courthouse and	11810
courtrooms in a conspicuous location at all police stations,	11811
municipal jails, and municipal courthouses and courtrooms;	11812

(2) The sheriff or sheriff's designee who has charge of the	11813
sheriff's office in a conspicuous location in that office;	11814

(3) The superintendent of the state highway patrol or the	11815
superintendent's designee in a conspicuous location at all state	11816
highway patrol stations;	11817

(4) Each sheriff, chief of police, or person in charge of	11818
every county, multicounty, municipal, municipal-county, or	11819
multicounty-municipal jail or workhouse, community-based	11820
correctional facility, halfway house, alternative residential	11821
facility, or other local or state correctional institution or	11822
detention facility within the state, or that person's designee, in	11823
a conspicuous location at that facility under that person's	11824
charge;	11825

(5) The board of trustees of a regional airport authority,	11826
chief administrative officer of an airport facility, or other	11827
person in charge of an airport facility in a conspicuous location	11828
at each airport facility under that person's control;	11829

(6) The officer or officer's designee who has charge of a	11830
courthouse or the building or structure in which a courtroom is	11831
located in a conspicuous location in that building or structure;	11832

(7) The superintendent of the bureau of criminal	11833
identification and investigation or the superintendent's designee	11834
in a conspicuous location in all premises controlled by that	11835
bureau;	11836

(8) The owner, administrator, or operator of a child day-care	11837
center, a type A family day-care home, or a type B family day-care	11838
home~~, or a type C family day-care home~~;	11839

(9) The officer of this state or of a political subdivision	11840
of this state, or the officer's designee, who has charge of a	11841
building that is a government facility of this state or the	11842
political subdivision of this state, as defined in section	11843
2923.126 of the Revised Code, and that is not a building that is	11844
used primarily as a shelter, restroom, parking facility for motor	11845
vehicles, or rest facility and is not a courthouse or other	11846
building or structure in which a courtroom is located that is	11847
subject to division (B)(3) of that section.	11848

(B) The following boards, bodies, and persons, or designees,	11849
shall post in the following locations a sign that contains a	11850
statement in substantially the following form: "Unless otherwise	11851
authorized by law, pursuant to Ohio Revised Code section 2923.122,	11852
no person shall knowingly possess, have under the person's	11853
control, convey, or attempt to convey a deadly weapon or dangerous	11854
ordnance into a school safety zone.":	11855

(1) A board of education of a city, local, exempted village,	11856
or joint vocational school district or that board's designee in a	11857
conspicuous location in each building and on each parcel of real	11858
property owned or controlled by the board;	11859

(2) A governing body of a school for which the state board of	11860
education prescribes minimum standards under section 3301.07 of	11861
the Revised Code or that body's designee in a conspicuous location	11862
in each building and on each parcel of real property owned or	11863
controlled by the school;	11864

(3) The principal or chief administrative officer of a	11865
nonpublic school in a conspicuous location on property owned or	11866
controlled by that nonpublic school.	11867

Sec. 2950.11. (A) Regardless of when the sexually oriented	11868
offense or child-victim oriented offense was committed, if a	11869
person is convicted of, pleads guilty to, has been convicted of,	11870
or has pleaded guilty to a sexually oriented offense or a	11871
child-victim oriented offense or a person is or has been	11872
adjudicated a delinquent child for committing a sexually oriented	11873
offense or a child-victim oriented offense and is classified a	11874
juvenile offender registrant or is an out-of-state juvenile	11875
offender registrant based on that adjudication, and if the	11876
offender or delinquent child is in any category specified in	11877
division (F)(1)(a), (b), or (c) of this section, the sheriff with	11878
whom the offender or delinquent child has most recently registered	11879
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	11880
and the sheriff to whom the offender or delinquent child most	11881
recently sent a notice of intent to reside under section 2950.04	11882
or 2950.041 of the Revised Code, within the period of time	11883
specified in division (C) of this section, shall provide a written	11884
notice containing the information set forth in division (B) of	11885
this section to all of the persons described in divisions (A)(1)	11886
to (10) of this section. If the sheriff has sent a notice to the	11887
persons described in those divisions as a result of receiving a	11888
notice of intent to reside and if the offender or delinquent child	11889
registers a residence address that is the same residence address	11890
described in the notice of intent to reside, the sheriff is not	11891
required to send an additional notice when the offender or	11892
delinquent child registers. The sheriff shall provide the notice	11893
to all of the following persons:	11894

(1)(a) Any occupant of each residential unit that is located	11895
within one thousand feet of the offender's or delinquent child's	11896
residential premises, that is located within the county served by	11897
the sheriff, and that is not located in a multi-unit building.	11898
Division (D)(3) of this section applies regarding notices required	11899
under this division.	11900

(b) If the offender or delinquent child resides in a	11901
multi-unit building, any occupant of each residential unit that is	11902
located in that multi-unit building and that shares a common	11903
hallway with the offender or delinquent child. For purposes of	11904
this division, an occupant's unit shares a common hallway with the	11905
offender or delinquent child if the entrance door into the	11906
occupant's unit is located on the same floor and opens into the	11907
same hallway as the entrance door to the unit the offender or	11908
delinquent child occupies. Division (D)(3) of this section applies	11909
regarding notices required under this division.	11910

(c) The building manager, or the person the building owner or	11911
condominium unit owners association authorizes to exercise	11912
management and control, of each multi-unit building that is	11913
located within one thousand feet of the offender's or delinquent	11914
child's residential premises, including a multi-unit building in	11915
which the offender or delinquent child resides, and that is	11916
located within the county served by the sheriff. In addition to	11917
notifying the building manager or the person authorized to	11918
exercise management and control in the multi-unit building under	11919
this division, the sheriff shall post a copy of the notice	11920
prominently in each common entryway in the building and any other	11921
location in the building the sheriff determines appropriate. The	11922
manager or person exercising management and control of the	11923
building shall permit the sheriff to post copies of the notice	11924
under this division as the sheriff determines appropriate. In lieu	11925
of posting copies of the notice as described in this division, a	11926
sheriff may provide notice to all occupants of the multi-unit	11927
building by mail or personal contact; if the sheriff so notifies	11928
all the occupants, the sheriff is not required to post copies of	11929
the notice in the common entryways to the building. Division	11930
(D)(3) of this section applies regarding notices required under	11931
this division.	11932

(d) All additional persons who are within any category of	11933
neighbors of the offender or delinquent child that the attorney	11934
general by rule adopted under section 2950.13 of the Revised Code	11935
requires to be provided the notice and who reside within the	11936
county served by the sheriff;	11937

(2) The executive director of the public children services	11938
agency that has jurisdiction within the specified geographical	11939
notification area and that is located within the county served by	11940
the sheriff;	11941

(3)(a) The superintendent of each board of education of a	11942
school district that has schools within the specified geographical	11943
notification area and that is located within the county served by	11944
the sheriff;	11945

(b) The principal of the school within the specified	11946
geographical notification area and within the county served by the	11947
sheriff that the delinquent child attends;	11948

(c) If the delinquent child attends a school outside of the	11949
specified geographical notification area or outside of the school	11950
district where the delinquent child resides, the superintendent of	11951
the board of education of a school district that governs the	11952
school that the delinquent child attends and the principal of the	11953
school that the delinquent child attends.	11954

(4)(a) The appointing or hiring officer of each chartered	11955
nonpublic school located within the specified geographical	11956
notification area and within the county served by the sheriff or	11957
of each other school located within the specified geographical	11958
notification area and within the county served by the sheriff and	11959
that is not operated by a board of education described in division	11960
(A)(3) of this section;	11961

(b) Regardless of the location of the school, the appointing	11962
or hiring officer of a chartered nonpublic school that the	11963
delinquent child attends.	11964

(5) The director, head teacher, elementary principal, or site	11965
administrator of each preschool program governed by Chapter 3301.	11966
of the Revised Code that is located within the specified	11967
geographical notification area and within the county served by the	11968
sheriff;	11969

(6) The administrator of each child day-care center or type A	11970
family day-care home that is located within the specified	11971
geographical notification area and within the county served by the	11972
sheriff, ~~and the provider of~~ each ~~certified~~holder of a license to	11973
operate a type B family day-care home that is located within the	11974
specified geographical notification area and within the county	11975
served by the sheriff. As used in this division, "child day-care	11976
center," "type A family day-care home," and "~~certified~~ type B	11977
family day-care home" have the same meanings as in section 5104.01	11978
of the Revised Code.	11979

(7) The president or other chief administrative officer of	11980
each institution of higher education, as defined in section	11981
2907.03 of the Revised Code, that is located within the specified	11982
geographical notification area and within the county served by the	11983
sheriff, and the chief law enforcement officer of the state	11984
university law enforcement agency or campus police department	11985
established under section 3345.04 or 1713.50 of the Revised Code,	11986
if any, that serves that institution;	11987

(8) The sheriff of each county that includes any portion of	11988
the specified geographical notification area;	11989

(9) If the offender or delinquent child resides within the	11990
county served by the sheriff, the chief of police, marshal, or	11991
other chief law enforcement officer of the municipal corporation	11992
in which the offender or delinquent child resides or, if the	11993
offender or delinquent child resides in an unincorporated area,	11994
the constable or chief of the police department or police district	11995
police force of the township in which the offender or delinquent	11996
child resides;	11997

(10) Volunteer organizations in which contact with minors or	11998
other vulnerable individuals might occur or any organization,	11999
company, or individual who requests notification as provided in	12000
division (J) of this section.	12001

(B) The notice required under division (A) of this section	12002
shall include all of the following information regarding the	12003
subject offender or delinquent child:	12004

(1) The offender's or delinquent child's name;

12005

(2) The address or addresses of the offender's or public	12006
registry-qualified juvenile offender registrant's residence,	12007
school, institution of higher education, or place of employment,	12008
as applicable, or the residence address or addresses of a	12009
delinquent child who is not a public registry-qualified juvenile	12010
offender registrant;	12011

(3) The sexually oriented offense or child-victim oriented	12012
offense of which the offender was convicted, to which the offender	12013
pleaded guilty, or for which the child was adjudicated a	12014
delinquent child;	12015

(4) A statement that identifies the category specified in	12016
division (F)(1)(a), (b), or (c) of this section that includes the	12017
offender or delinquent child and that subjects the offender or	12018
delinquent child to this section;	12019

(5) The offender's or delinquent child's photograph.

12020

(C) If a sheriff with whom an offender or delinquent child	12021
registers under section 2950.04, 2950.041, or 2950.05 of the	12022
Revised Code or to whom the offender or delinquent child most	12023
recently sent a notice of intent to reside under section 2950.04	12024
or 2950.041 of the Revised Code is required by division (A) of	12025
this section to provide notices regarding an offender or	12026
delinquent child and if, pursuant to that requirement, the sheriff	12027
provides a notice to a sheriff of one or more other counties in	12028
accordance with division (A)(8) of this section, the sheriff of	12029
each of the other counties who is provided notice under division	12030
(A)(8) of this section shall provide the notices described in	12031
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	12032
each person or entity identified within those divisions that is	12033
located within the specified geographical notification area and	12034
within the county served by the sheriff in question.	12035

(D)(1) A sheriff required by division (A) or (C) of this	12036
section to provide notices regarding an offender or delinquent	12037
child shall provide the notice to the neighbors that are described	12038
in division (A)(1) of this section and the notices to law	12039
enforcement personnel that are described in divisions (A)(8) and	12040
(9) of this section as soon as practicable, but no later than five	12041
days after the offender sends the notice of intent to reside to	12042
the sheriff and again no later than five days after the offender	12043
or delinquent child registers with the sheriff or, if the sheriff	12044
is required by division (C) of this section to provide the	12045
notices, no later than five days after the sheriff is provided the	12046
notice described in division (A)(8) of this section.	12047

A sheriff required by division (A) or (C) of this section to	12048
provide notices regarding an offender or delinquent child shall	12049
provide the notices to all other specified persons that are	12050
described in divisions (A)(2) to (7) and (A)(10) of this section	12051
as soon as practicable, but not later than seven days after the	12052
offender or delinquent child registers with the sheriff or, if the	12053
sheriff is required by division (C) of this section to provide the	12054
notices, no later than five days after the sheriff is provided the	12055
notice described in division (A)(8) of this section.	12056

(2) If an offender or delinquent child in relation to whom	12057
division (A) of this section applies verifies the offender's or	12058
delinquent child's current residence, school, institution of	12059
higher education, or place of employment address, as applicable,	12060
with a sheriff pursuant to section 2950.06 of the Revised Code,	12061
the sheriff may provide a written notice containing the	12062
information set forth in division (B) of this section to the	12063
persons identified in divisions (A)(1) to (10) of this section. If	12064
a sheriff provides a notice pursuant to this division to the	12065
sheriff of one or more other counties in accordance with division	12066
(A)(8) of this section, the sheriff of each of the other counties	12067
who is provided the notice under division (A)(8) of this section	12068
may provide, but is not required to provide, a written notice	12069
containing the information set forth in division (B) of this	12070
section to the persons identified in divisions (A)(1) to (7) and	12071
(A)(9) and (10) of this section.	12072

(3) A sheriff may provide notice under division (A)(1)(a) or	12073
(b) of this section, and may provide notice under division	12074
(A)(1)(c) of this section to a building manager or person	12075
authorized to exercise management and control of a building, by	12076
mail, by personal contact, or by leaving the notice at or under	12077
the entry door to a residential unit. For purposes of divisions	12078
(A)(1)(a) and (b) of this section, and the portion of division	12079
(A)(1)(c) of this section relating to the provision of notice to	12080
occupants of a multi-unit building by mail or personal contact,	12081
the provision of one written notice per unit is deemed as	12082
providing notice to all occupants of that unit.	12083

(E) All information that a sheriff possesses regarding an	12084
offender or delinquent child who is in a category specified in	12085
division (F)(1)(a), (b), or (c) of this section that is described	12086
in division (B) of this section and that must be provided in a	12087
notice required under division (A) or (C) of this section or that	12088
may be provided in a notice authorized under division (D)(2) of	12089
this section is a public record that is open to inspection under	12090
section 149.43 of the Revised Code.	12091

The sheriff shall not cause to be publicly disseminated by	12092
means of the internet any of the information described in this	12093
division that is provided by a delinquent child unless that child	12094
is in a category specified in division (F)(1)(a), (b), or (c) of	12095
this section.	12096

(F)(1) Except as provided in division (F)(2) of this section,	12097
the duties to provide the notices described in divisions (A) and	12098
(C) of this section apply regarding any offender or delinquent	12099
child who is in any of the following categories:	12100

(a) The offender is a tier III sex offender/child-victim	12101
offender, or the delinquent child is a public registry-qualified	12102
juvenile offender registrant, and a juvenile court has not removed	12103
pursuant to section 2950.15 of the Revised Code the delinquent	12104
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	12105
and 2950.06 of the Revised Code.	12106

(b) The delinquent child is a tier III sex	12107
offender/child-victim offender who is not a ~~public-registry~~	12108
~~qualified~~public registry-qualified juvenile offender registrant,	12109
the delinquent child was subjected to this section prior to ~~the~~	12110
~~effective date of this amendment~~January 1, 2008, as a sexual	12111
predator, habitual sex offender, child-victim predator, or	12112
habitual child-victim offender, as those terms were defined in	12113
section 2950.01 of the Revised Code as it existed prior to ~~the~~	12114
~~effective date of this amendment~~January 1, 2008, and a juvenile	12115
court has not removed pursuant to section 2152.84 or 2152.85 of	12116
the Revised Code the delinquent child's duty to comply with	12117
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12118
Code.	12119

(c) The delinquent child is a tier III sex	12120
offender/child-victim offender who is not a public	12121
registry-qualified juvenile offender registrant, the delinquent	12122
child was classified a juvenile offender registrant on or after	12123
~~the effective date of this amendment~~January 1, 2008, the court	12124
has imposed a requirement under section 2152.82, 2152.83, or	12125
2152.84 of the Revised Code subjecting the delinquent child to	12126
this section, and a juvenile court has not removed pursuant to	12127
section 2152.84 or 2152.85 of the Revised Code the delinquent	12128
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	12129
and 2950.06 of the Revised Code.	12130

(2) The notification provisions of this section do not apply	12131
to a person described in division (F)(1)(a), (b), or (c) of this	12132
section if a court finds at a hearing after considering the	12133
factors described in this division that the person would not be	12134
subject to the notification provisions of this section that were	12135
in the version of this section that existed immediately prior to	12136
~~the effective date of this amendment~~January 1, 2008. In making	12137
the determination of whether a person would have been subject to	12138
the notification provisions under prior law as described in this	12139
division, the court shall consider the following factors:	12140

(a) The offender's or delinquent child's age;

12141

(b) The offender's or delinquent child's prior criminal or	12142
delinquency record regarding all offenses, including, but not	12143
limited to, all sexual offenses;	12144

(c) The age of the victim of the sexually oriented offense	12145
for which sentence is to be imposed or the order of disposition is	12146
to be made;	12147

(d) Whether the sexually oriented offense for which sentence	12148
is to be imposed or the order of disposition is to be made	12149
involved multiple victims;	12150

(e) Whether the offender or delinquent child used drugs or	12151
alcohol to impair the victim of the sexually oriented offense or	12152
to prevent the victim from resisting;	12153

(f) If the offender or delinquent child previously has been	12154
convicted of or pleaded guilty to, or been adjudicated a	12155
delinquent child for committing an act that if committed by an	12156
adult would be, a criminal offense, whether the offender or	12157
delinquent child completed any sentence or dispositional order	12158
imposed for the prior offense or act and, if the prior offense or	12159
act was a sex offense or a sexually oriented offense, whether the	12160
offender or delinquent child participated in available programs	12161
for sexual offenders;	12162

(g) Any mental illness or mental disability of the offender	12163
or delinquent child;	12164

(h) The nature of the offender's or delinquent child's sexual	12165
conduct, sexual contact, or interaction in a sexual context with	12166
the victim of the sexually oriented offense and whether the sexual	12167
conduct, sexual contact, or interaction in a sexual context was	12168
part of a demonstrated pattern of abuse;	12169

(i) Whether the offender or delinquent child, during the	12170
commission of the sexually oriented offense for which sentence is	12171
to be imposed or the order of disposition is to be made, displayed	12172
cruelty or made one or more threats of cruelty;	12173

(j) Whether the offender or delinquent child would have been	12174
a habitual sex offender or a habitual child victim offender under	12175
the definitions of those terms set forth in section 2950.01 of the	12176
Revised Code as that section existed prior to ~~the effective date~~	12177
~~of this amendment~~January 1, 2008;	12178

(k) Any additional behavioral characteristics that contribute	12179
to the offender's or delinquent child's conduct.	12180

(G)(1) The department of job and family services shall	12181
compile, maintain, and update in January and July of each year, a	12182
list of all agencies, centers, or homes of a type described in	12183
division (A)(2) or (6) of this section that contains the name of	12184
each agency, center, or home of that type, the county in which it	12185
is located, its address and telephone number, and the name of an	12186
administrative officer or employee of the agency, center, or home.	12187

(2) The department of education shall compile, maintain, and	12188
update in January and July of each year, a list of all boards of	12189
education, schools, or programs of a type described in division	12190
(A)(3), (4), or (5) of this section that contains the name of each	12191
board of education, school, or program of that type, the county in	12192
which it is located, its address and telephone number, the name of	12193
the superintendent of the board or of an administrative officer or	12194
employee of the school or program, and, in relation to a board of	12195
education, the county or counties in which each of its schools is	12196
located and the address of each such school.	12197

(3) The Ohio board of regents shall compile, maintain, and	12198
update in January and July of each year, a list of all	12199
institutions of a type described in division (A)(7) of this	12200
section that contains the name of each such institution, the	12201
county in which it is located, its address and telephone number,	12202
and the name of its president or other chief administrative	12203
officer.	12204

(4) A sheriff required by division (A) or (C) of this	12205
section, or authorized by division (D)(2) of this section, to	12206
provide notices regarding an offender or delinquent child, or a	12207
designee of a sheriff of that type, may request the department of	12208
job and family services, department of education, or Ohio board of	12209
regents, by telephone, in person, or by mail, to provide the	12210
sheriff or designee with the names, addresses, and telephone	12211
numbers of the appropriate persons and entities to whom the	12212
notices described in divisions (A)(2) to (7) of this section are	12213
to be provided. Upon receipt of a request, the department or board	12214
shall provide the requesting sheriff or designee with the names,	12215
addresses, and telephone numbers of the appropriate persons and	12216
entities to whom those notices are to be provided.	12217

(H)(1) Upon the motion of the offender or the prosecuting	12218
attorney of the county in which the offender was convicted of or	12219
pleaded guilty to the sexually oriented offense or child-victim	12220
oriented offense for which the offender is subject to community	12221
notification under this section, or upon the motion of the	12222
sentencing judge or that judge's successor in office, the judge	12223
may schedule a hearing to determine whether the interests of	12224
justice would be served by suspending the community notification	12225
requirement under this section in relation to the offender. The	12226
judge may dismiss the motion without a hearing but may not issue	12227
an order suspending the community notification requirement without	12228
a hearing. At the hearing, all parties are entitled to be heard,	12229
and the judge shall consider all of the factors set forth in	12230
division (K) of this section. If, at the conclusion of the	12231
hearing, the judge finds that the offender has proven by clear and	12232
convincing evidence that the offender is unlikely to commit in the	12233
future a sexually oriented offense or a child-victim oriented	12234
offense and if the judge finds that suspending the community	12235
notification requirement is in the interests of justice, the judge	12236
may suspend the application of this section in relation to the	12237
offender. The order shall contain both of these findings.	12238

The judge promptly shall serve a copy of the order upon the	12239
sheriff with whom the offender most recently registered under	12240
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	12241
the bureau of criminal identification and investigation.	12242

An order suspending the community notification requirement	12243
does not suspend or otherwise alter an offender's duties to comply	12244
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	12245
Revised Code and does not suspend the victim notification	12246
requirement under section 2950.10 of the Revised Code.	12247

(2) A prosecuting attorney, a sentencing judge or that	12248
judge's successor in office, and an offender who is subject to the	12249
community notification requirement under this section may	12250
initially make a motion under division (H)(1) of this section upon	12251
the expiration of twenty years after the offender's duty to comply	12252
with division (A)(2), (3), or (4) of section 2950.04, division	12253
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	12254
2950.06 of the Revised Code begins in relation to the offense for	12255
which the offender is subject to community notification. After the	12256
initial making of a motion under division (H)(1) of this section,	12257
thereafter, the prosecutor, judge, and offender may make a	12258
subsequent motion under that division upon the expiration of five	12259
years after the judge has entered an order denying the initial	12260
motion or the most recent motion made under that division.	12261

(3) The offender and the prosecuting attorney have the right	12262
to appeal an order approving or denying a motion made under	12263
division (H)(1) of this section.	12264

(4) Divisions (H)(1) to (3) of this section do not apply to	12265
any of the following types of offender:	12266

(a) A person who is convicted of or pleads guilty to a	12267
violent sex offense or designated homicide, assault, or kidnapping	12268
offense and who, in relation to that offense, is adjudicated a	12269
sexually violent predator;	12270

(b) A person who is convicted of or pleads guilty to a	12271
sexually oriented offense that is a violation of division	12272
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	12273
after January 2, 2007, and either who is sentenced under section	12274
2971.03 of the Revised Code or upon whom a sentence of life	12275
without parole is imposed under division (B) of section 2907.02 of	12276
the Revised Code;	12277

(c) A person who is convicted of or pleads guilty to a	12278
sexually oriented offense that is attempted rape committed on or	12279
after January 2, 2007, and who also is convicted of or pleads	12280
guilty to a specification of the type described in section	12281
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	12282

(d) A person who is convicted of or pleads guilty to an	12283
offense described in division (B)(3)(a), (b), (c), or (d) of	12284
section 2971.03 of the Revised Code and who is sentenced for that	12285
offense pursuant to that division;	12286

(e) An offender who is in a category specified in division	12287
(F)(1)(a), (b), or (c) of this section and who, subsequent to	12288
being subjected to community notification, has pleaded guilty to	12289
or been convicted of a sexually oriented offense or child-victim	12290
oriented offense.	12291

(I) If a person is convicted of, pleads guilty to, has been	12292
convicted of, or has pleaded guilty to a sexually oriented offense	12293
or a child-victim oriented offense or a person is or has been	12294
adjudicated a delinquent child for committing a sexually oriented	12295
offense or a child-victim oriented offense and is classified a	12296
juvenile offender registrant or is an out-of-state juvenile	12297
offender registrant based on that adjudication, and if the	12298
offender or delinquent child is not in any category specified in	12299
division (F)(1)(a), (b), or (c) of this section, the sheriff with	12300
whom the offender or delinquent child has most recently registered	12301
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	12302
and the sheriff to whom the offender or delinquent child most	12303
recently sent a notice of intent to reside under section 2950.04	12304
or 2950.041 of the Revised Code, within the period of time	12305
specified in division (D) of this section, shall provide a written	12306
notice containing the information set forth in division (B) of	12307
this section to the executive director of the public children	12308
services agency that has jurisdiction within the specified	12309
geographical notification area and that is located within the	12310
county served by the sheriff.	12311

(J) Each sheriff shall allow a volunteer organization or	12312
other organization, company, or individual who wishes to receive	12313
the notice described in division (A)(10) of this section regarding	12314
a specific offender or delinquent child or notice regarding all	12315
offenders and delinquent children who are located in the specified	12316
geographical notification area to notify the sheriff by electronic	12317
mail or through the sheriff's web site of this election. The	12318
sheriff shall promptly inform the bureau of criminal	12319
identification and investigation of these requests in accordance	12320
with the forwarding procedures adopted by the attorney general	12321
pursuant to section 2950.13 of the Revised Code.	12322

(K) In making a determination under division (H)(1) of this	12323
section as to whether to suspend the community notification	12324
requirement under this section for an offender, the judge shall	12325
consider all relevant factors, including, but not limited to, all	12326
of the following:	12327

(1) The offender's age;

12328

(2) The offender's prior criminal or delinquency record	12329
regarding all offenses, including, but not limited to, all	12330
sexually oriented offenses or child-victim oriented offenses;	12331

(3) The age of the victim of the sexually oriented offense or	12332
child-victim oriented offense the offender committed;	12333

(4) Whether the sexually oriented offense or child-victim	12334
oriented offense the offender committed involved multiple victims;	12335

(5) Whether the offender used drugs or alcohol to impair the	12336
victim of the sexually oriented offense or child-victim oriented	12337
offense the offender committed or to prevent the victim from	12338
resisting;	12339

(6) If the offender previously has been convicted of, pleaded	12340
guilty to, or been adjudicated a delinquent child for committing	12341
an act that if committed by an adult would be a criminal offense,	12342
whether the offender completed any sentence or dispositional order	12343
imposed for the prior offense or act and, if the prior offense or	12344
act was a sexually oriented offense or a child-victim oriented	12345
offense, whether the offender or delinquent child participated in	12346
available programs for sex offenders or child-victim offenders;	12347

(7) Any mental illness or mental disability of the offender;

12348

(8) The nature of the offender's sexual conduct, sexual	12349
contact, or interaction in a sexual context with the victim of the	12350
sexually oriented offense the offender committed or the nature of	12351
the offender's interaction in a sexual context with the victim of	12352
the child-victim oriented offense the offender committed,	12353
whichever is applicable, and whether the sexual conduct, sexual	12354
contact, or interaction in a sexual context was part of a	12355
demonstrated pattern of abuse;	12356

(9) Whether the offender, during the commission of the	12357
sexually oriented offense or child-victim oriented offense the	12358
offender committed, displayed cruelty or made one or more threats	12359
of cruelty;	12360

(10) Any additional behavioral characteristics that	12361
contribute to the offender's conduct.	12362

(L) As used in this section, "specified geographical	12363
notification area" means the geographic area or areas within which	12364
the attorney general, by rule adopted under section 2950.13 of the	12365
Revised Code, requires the notice described in division (B) of	12366
this section to be given to the persons identified in divisions	12367
(A)(2) to (8) of this section.	12368

Sec. 2950.13. (A) The attorney general shall do all of the	12369
following:	12370

(1) No later than July 1, 1997, establish and maintain a	12371
state registry of sex offenders and child-victim offenders that is	12372
housed at the bureau of criminal identification and investigation	12373
and that contains all of the registration, change of residence,	12374
school, institution of higher education, or place of employment	12375
address, and verification information the bureau receives pursuant	12376
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12377
Code regarding each person who is convicted of, pleads guilty to,	12378
has been convicted of, or has pleaded guilty to a sexually	12379
oriented offense or a child-victim oriented offense and each	12380
person who is or has been adjudicated a delinquent child for	12381
committing a sexually oriented offense or a child-victim oriented	12382
offense and is classified a juvenile offender registrant or is an	12383
out-of-state juvenile offender registrant based on that	12384
adjudication, all of the information the bureau receives pursuant	12385
to section 2950.14 of the Revised Code, and any notice of an order	12386
terminating or modifying an offender's or delinquent child's duty	12387
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	12388
the Revised Code the bureau receives pursuant to section 2152.84,	12389
2152.85, or 2950.15 of the Revised Code. For a person who was	12390
convicted of or pleaded guilty to the sexually oriented offense or	12391
child-victim related offense, the registry also shall indicate	12392
whether the person was convicted of or pleaded guilty to the	12393
offense in a criminal prosecution or in a serious youthful	12394
offender case. The registry shall not be open to inspection by the	12395
public or by any person other than a person identified in division	12396
(A) of section 2950.08 of the Revised Code. In addition to the	12397
information and material previously identified in this division,	12398
the registry shall include all of the following regarding each	12399
person who is listed in the registry:	12400

(a) A citation for, and the name of, all sexually oriented	12401
offenses or child-victim oriented offenses of which the person was	12402
convicted, to which the person pleaded guilty, or for which the	12403
person was adjudicated a delinquent child and that resulted in a	12404
registration duty, and the date on which those offenses were	12405
committed;	12406

(b) The text of the sexually oriented offenses or	12407
child-victim oriented offenses identified in division (A)(1)(a) of	12408
this section as those offenses existed at the time the person was	12409
convicted of, pleaded guilty to, or was adjudicated a delinquent	12410
child for committing those offenses, or a link to a database that	12411
sets forth the text of those offenses;	12412

(c) A statement as to whether the person is a tier I sex	12413
offender/child-victim offender, a tier II sex	12414
offender/child-victim offender, or a tier III sex	12415
offender/child-victim offender for the sexually oriented offenses	12416
or child-victim oriented offenses identified in division (A)(1)(a)	12417
of this section;	12418

(d) The community supervision status of the person,	12419
including, but not limited to, whether the person is serving a	12420
community control sanction and the nature of any such sanction,	12421
whether the person is under supervised release and the nature of	12422
the release, or regarding a juvenile, whether the juvenile is	12423
under any type of release authorized under Chapter 2152. or 5139.	12424
of the Revised Code and the nature of any such release;	12425

(e) The offense and delinquency history of the person, as	12426
determined from information gathered or provided under sections	12427
109.57 and 2950.14 of the Revised Code;	12428

(f) The bureau of criminal identification and investigation	12429
tracking number assigned to the person if one has been so	12430
assigned, the federal bureau of investigation number assigned to	12431
the person if one has been assigned and the bureau of criminal	12432
identification and investigation is aware of the number, and any	12433
other state identification number assigned to the person of which	12434
the bureau is aware;	12435

(g) Fingerprints and palmprints of the person;

12436

(h) A DNA specimen, as defined in section 109.573 of the	12437
Revised Code, from the person;	12438

(i) Whether the person has any outstanding arrest warrants;

12439

(j) Whether the person is in compliance with the person's	12440
duties under this chapter.	12441

(2) In consultation with local law enforcement	12442
representatives and no later than July 1, 1997, adopt rules that	12443
contain guidelines necessary for the implementation of this	12444
chapter;	12445

(3) In consultation with local law enforcement	12446
representatives, adopt rules for the implementation and	12447
administration of the provisions contained in section 2950.11 of	12448
the Revised Code that pertain to the notification of neighbors of	12449
an offender or a delinquent child who has committed a sexually	12450
oriented offense or a child-victim oriented offense and ~~and~~ is in	12451
a category specified in division (F)(1) of that section and rules	12452
that prescribe a manner in which victims of a sexually oriented	12453
offense or a child-victim oriented offense committed by an	12454
offender or a delinquent child who is in a category specified in	12455
division (B)(1) of section 2950.10 of the Revised Code may make a	12456
request that specifies that the victim would like to be provided	12457
the notices described in divisions (A)(1) and (2) of section	12458
2950.10 of the Revised Code;	12459

(4) In consultation with local law enforcement	12460
representatives and through the bureau of criminal identification	12461
and investigation, prescribe the forms to be used by judges and	12462
officials pursuant to section 2950.03 or 2950.032 of the Revised	12463
Code to advise offenders and delinquent children of their duties	12464
of filing a notice of intent to reside, registration, notification	12465
of a change of residence, school, institution of higher education,	12466
or place of employment address and registration of the new,	12467
school, institution of higher education, or place of employment	12468
address, as applicable, and address verification under sections	12469
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	12470
prescribe the forms to be used by sheriffs relative to those	12471
duties of filing a notice of intent to reside, registration,	12472
change of residence, school, institution of higher education, or	12473
place of employment address notification, and address	12474
verification;	12475

(5) Make copies of the forms prescribed under division (A)(4)	12476
of this section available to judges, officials, and sheriffs;	12477

(6) Through the bureau of criminal identification and	12478
investigation, provide the notifications, the information and	12479
materials, and the documents that the bureau is required to	12480
provide to appropriate law enforcement officials and to the	12481
federal bureau of investigation pursuant to sections 2950.04,	12482
2950.041, 2950.05, and 2950.06 of the Revised Code;	12483

(7) Through the bureau of criminal identification and	12484
investigation, maintain the verification forms returned under the	12485
address verification mechanism set forth in section 2950.06 of the	12486
Revised Code;	12487

(8) In consultation with representatives of the officials,	12488
judges, and sheriffs, adopt procedures for officials, judges, and	12489
sheriffs to use to forward information, photographs, and	12490
fingerprints to the bureau of criminal identification and	12491
investigation pursuant to the requirements of sections 2950.03,	12492
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	12493
Code;	12494

(9) In consultation with the director of education, the	12495
director of job and family services, and the director of	12496
rehabilitation and correction, adopt rules that contain guidelines	12497
to be followed by boards of education of a school district,	12498
chartered nonpublic schools or other schools not operated by a	12499
board of education, preschool programs, child day-care centers,	12500
type A family day-care homes, ~~certified~~licensed type B family	12501
day-care homes, and institutions of higher education regarding the	12502
proper use and administration of information received pursuant to	12503
section 2950.11 of the Revised Code relative to an offender or	12504
delinquent child who has committed a sexually oriented offense or	12505
a child-victim oriented offense and is in a category specified in	12506
division (F)(1) of that section;	12507

(10) In consultation with local law enforcement	12508
representatives and no later than July 1, 1997, adopt rules that	12509
designate a geographic area or areas within which the notice	12510
described in division (B) of section 2950.11 of the Revised Code	12511
must be given to the persons identified in divisions (A)(2) to (8)	12512
and (A)(10) of that section;	12513

(11) Through the bureau of criminal identification and	12514
investigation, not later than January 1, 2004, establish and	12515
operate on the internet a sex offender and child-victim offender	12516
database that contains information for every offender who has	12517
committed a sexually oriented offense or a child-victim oriented	12518
offense and registers in any county in this state pursuant to	12519
section 2950.04 or 2950.041 of the Revised Code and for every	12520
delinquent child who has committed a sexually oriented offense, is	12521
a public registry-qualified juvenile offender registrant, and	12522
registers in any county in this state pursuant to either such	12523
section. The bureau shall not include on the database the identity	12524
of any offender's or public registry-qualified juvenile offender	12525
registrant's victim, any offender's or public registry-qualified	12526
juvenile offender registrant's social security number, the name of	12527
any school or institution of higher education attended by any	12528
offender or public registry-qualified juvenile offender	12529
registrant, the name of the place of employment of any offender or	12530
public registry-qualified juvenile offender registrant, any	12531
tracking or identification number described in division (A)(1)(f)	12532
of this section, or any information described in division (C)(7)	12533
of section 2950.04 or 2950.041 of the Revised Code. The bureau	12534
shall provide on the database, for each offender and each public	12535
registry-qualified juvenile offender registrant, at least the	12536
information specified in divisions (A)(11)(a) to (h) of this	12537
section. Otherwise, the bureau shall determine the information to	12538
be provided on the database for each offender and public	12539
registry-qualified juvenile offender registrant and shall obtain	12540
that information from the information contained in the state	12541
registry of sex offenders and child-victim offenders described in	12542
division (A)(1) of this section, which information, while in the	12543
possession of the sheriff who provided it, is a public record open	12544
for inspection as described in section 2950.081 of the Revised	12545
Code. The database is a public record open for inspection under	12546
section 149.43 of the Revised Code, and it shall be searchable by	12547
offender or public registry-qualified juvenile offender registrant	12548
name, by county, by zip code, and by school district. The database	12549
shall provide a link to the web site of each sheriff who has	12550
established and operates on the internet a sex offender and	12551
child-victim offender database that contains information for	12552
offenders and public registry-qualified juvenile offender	12553
registrants who register in that county pursuant to section	12554
2950.04 or 2950.041 of the Revised Code, with the link being a	12555
direct link to the sex offender and child-victim offender database	12556
for the sheriff. The bureau shall provide on the database, for	12557
each offender and public registry-qualified juvenile offender	12558
registrant, at least the following information:	12559

(a) The information described in divisions (A)(1)(a), (b),	12560
(c), and (d) of this section relative to the offender or public	12561
registry-qualified juvenile offender registrant;	12562

(b) The address of the offender's or public	12563
registry-qualified juvenile offender registrant's school,	12564
institution of higher education, or place of employment provided	12565
in a registration form;	12566

(c) The information described in division (C)(6) of section	12567
2950.04 or 2950.041 of the Revised Code;	12568

(d) A chart describing which sexually oriented offenses and	12569
child-victim oriented offenses are included in the definitions of	12570
tier I sex offender/child-victim offender, tier II sex	12571
offender/child-victim offender, and tier III sex	12572
offender/child-victim offender;	12573

(e) Fingerprints and ~~palm prints~~palmprints of the offender	12574
or public registry-qualified juvenile offender registrant and a	12575
DNA specimen from the offender or public registry-qualified	12576
juvenile offender registrant;	12577

(f) The information set forth in division (B) of section	12578
2950.11 of the Revised Code;	12579

(g) Any outstanding arrest warrants for the offender or	12580
public registry-qualified juvenile offender registrant;	12581

(h) The offender's or public registry-qualified juvenile	12582
offender registrant's compliance status with duties under this	12583
chapter.	12584

(12) Develop software to be used by sheriffs in establishing	12585
on the internet a sex offender and child-victim offender database	12586
for the public dissemination of some or all of the information and	12587
materials described in division (A) of section 2950.081 of the	12588
Revised Code that are public records under that division, that are	12589
not prohibited from inclusion by division (B) of that section, and	12590
that pertain to offenders and public registry-qualified juvenile	12591
offender registrants who register in the sheriff's county pursuant	12592
to section 2950.04 or 2950.041 of the Revised Code and for the	12593
public dissemination of information the sheriff receives pursuant	12594
to section 2950.14 of the Revised Code and, upon the request of	12595
any sheriff, provide technical guidance to the requesting sheriff	12596
in establishing on the internet such a database;	12597

(13) Through the bureau of criminal identification and	12598
investigation, not later than January 1, 2004, establish and	12599
operate on the internet a database that enables local law	12600
enforcement representatives to remotely search by electronic means	12601
the state registry of sex offenders and child-victim offenders	12602
described in division (A)(1) of this section and any information	12603
and materials the bureau receives pursuant to sections 2950.04,	12604
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	12605
database shall enable local law enforcement representatives to	12606
obtain detailed information regarding each offender and delinquent	12607
child who is included in the registry, including, but not limited	12608
to the offender's or delinquent child's name, aliases, residence	12609
address, name and address of any place of employment, school,	12610
institution of higher education, if applicable, license plate	12611
number of each vehicle identified in division (C)(5) of section	12612
2950.04 or 2950.041 of the Revised Code to the extent applicable,	12613
victim preference if available, date of most recent release from	12614
confinement if applicable, fingerprints, and palmprints, all of	12615
the information and material described in ~~division~~divisions	12616
(A)(1)(a) to (h) of this section regarding the offender or	12617
delinquent child, and other identification parameters the bureau	12618
considers appropriate. The database is not a public record open	12619
for inspection under section 149.43 of the Revised Code and shall	12620
be available only to law enforcement representatives as described	12621
in this division. Information obtained by local law enforcement	12622
representatives through use of this database is not open to	12623
inspection by the public or by any person other than a person	12624
identified in division (A) of section 2950.08 of the Revised Code.	12625

(14) Through the bureau of criminal identification and	12626
investigation, maintain a list of requests for notice about a	12627
specified offender or delinquent child or specified geographical	12628
notification area made pursuant to division (J) of section 2950.11	12629
of the Revised Code and, when an offender or delinquent child	12630
changes residence to another county, forward any requests for	12631
information about that specific offender or delinquent child to	12632
the appropriate sheriff;	12633

(15) Through the bureau of criminal identification and	12634
investigation, establish and operate a system for the immediate	12635
notification by electronic means of the appropriate officials in	12636
other states specified in this division each time an offender or	12637
delinquent child registers a residence, school, institution of	12638
higher education, or place of employment address under section	12639
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	12640
notice of a change of address or registers a new address under	12641
division (A) or (B) of section 2950.05 of the Revised Code. The	12642
immediate notification by electronic means shall be provided to	12643
the appropriate officials in each state in which the offender or	12644
delinquent child is required to register a residence, school,	12645
institution of higher education, or place of employment address.	12646
The notification shall contain the offender's or delinquent	12647
child's name and all of the information the bureau receives from	12648
the sheriff with whom the offender or delinquent child registered	12649
the address or provided the notice of change of address or	12650
registered the new address.	12651

(B) The attorney general in consultation with local law	12652
enforcement representatives, may adopt rules that establish one or	12653
more categories of neighbors of an offender or delinquent child	12654
who, in addition to the occupants of residential premises and	12655
other persons specified in division (A)(1) of section 2950.11 of	12656
the Revised Code, must be given the notice described in division	12657
(B) of that section.	12658

(C) No person, other than a local law enforcement	12659
representative, shall knowingly do any of the following:	12660

(1) Gain or attempt to gain access to the database	12661
established and operated by the attorney general, through the	12662
bureau of criminal identification and investigation, pursuant to	12663
division (A)(13) of this section.	12664

(2) Permit any person to inspect any information obtained	12665
through use of the database described in division (C)(1) of this	12666
section, other than as permitted under that division.	12667

(D) As used in this section, "local law enforcement	12668
representatives" means representatives of the sheriffs of this	12669
state, representatives of the municipal chiefs of police and	12670
marshals of this state, and representatives of the township	12671
constables and chiefs of police of the township police departments	12672
or police district police forces of this state.	12673

Sec. 3109.051. (A) If a divorce, dissolution, legal	12674
separation, or annulment proceeding involves a child and if the	12675
court has not issued a shared parenting decree, the court shall	12676
consider any mediation report filed pursuant to section 3109.052	12677
of the Revised Code and, in accordance with division (C) of this	12678
section, shall make a just and reasonable order or decree	12679
permitting each parent who is not the residential parent to have	12680
parenting time with the child at the time and under the conditions	12681
that the court directs, unless the court determines that it would	12682
not be in the best interest of the child to permit that parent to	12683
have parenting time with the child and includes in the journal its	12684
findings of fact and conclusions of law. Whenever possible, the	12685
order or decree permitting the parenting time shall ensure the	12686
opportunity for both parents to have frequent and continuing	12687
contact with the child, unless frequent and continuing contact by	12688
either parent with the child would not be in the best interest of	12689
the child. The court shall include in its final decree a specific	12690
schedule of parenting time for that parent. Except as provided in	12691
division (E)(6) of section 3113.31 of the Revised Code, if the	12692
court, pursuant to this section, grants parenting time to a parent	12693
or companionship or visitation rights to any other person with	12694
respect to any child, it shall not require the public children	12695
services agency to provide supervision of or other services	12696
related to that parent's exercise of parenting time or that	12697
person's exercise of companionship or visitation rights with	12698
respect to the child. This section does not limit the power of a	12699
juvenile court pursuant to Chapter 2151. of the Revised Code to	12700
issue orders with respect to children who are alleged to be	12701
abused, neglected, or dependent children or to make dispositions	12702
of children who are adjudicated abused, neglected, or dependent	12703
children or of a common pleas court to issue orders pursuant to	12704
section 3113.31 of the Revised Code.	12705

(B)(1) In a divorce, dissolution of marriage, legal	12706
separation, annulment, or child support proceeding that involves a	12707
child, the court may grant reasonable companionship or visitation	12708
rights to any grandparent, any person related to the child by	12709
consanguinity or affinity, or any other person other than a	12710
parent, if all of the following apply:	12711

(a) The grandparent, relative, or other person files a motion	12712
with the court seeking companionship or visitation rights.	12713

(b) The court determines that the grandparent, relative, or	12714
other person has an interest in the welfare of the child.	12715

(c) The court determines that the granting of the	12716
companionship or visitation rights is in the best interest of the	12717
child.	12718

(2) A motion may be filed under division (B)(1) of this	12719
section during the pendency of the divorce, dissolution of	12720
marriage, legal separation, annulment, or child support proceeding	12721
or, if a motion was not filed at that time or was filed at that	12722
time and the circumstances in the case have changed, at any time	12723
after a decree or final order is issued in the case.	12724

(C) When determining whether to grant parenting time rights	12725
to a parent pursuant to this section or section 3109.12 of the	12726
Revised Code or to grant companionship or visitation rights to a	12727
grandparent, relative, or other person pursuant to this section or	12728
section 3109.11 or 3109.12 of the Revised Code, when establishing	12729
a specific parenting time or visitation schedule, and when	12730
determining other parenting time matters under this section or	12731
section 3109.12 of the Revised Code or visitation matters under	12732
this section or section 3109.11 or 3109.12 of the Revised Code,	12733
the court shall consider any mediation report that is filed	12734
pursuant to section 3109.052 of the Revised Code and shall	12735
consider all other relevant factors, including, but not limited	12736
to, all of the factors listed in division (D) of this section. In	12737
considering the factors listed in division (D) of this section for	12738
purposes of determining whether to grant parenting time or	12739
visitation rights, establishing a specific parenting time or	12740
visitation schedule, determining other parenting time matters	12741
under this section or section 3109.12 of the Revised Code or	12742
visitation matters under this section or under section 3109.11 or	12743
3109.12 of the Revised Code, and resolving any issues related to	12744
the making of any determination with respect to parenting time or	12745
visitation rights or the establishment of any specific parenting	12746
time or visitation schedule, the court, in its discretion, may	12747
interview in chambers any or all involved children regarding their	12748
wishes and concerns. If the court interviews any child concerning	12749
the child's wishes and concerns regarding those parenting time or	12750
visitation matters, the interview shall be conducted in chambers,	12751
and no person other than the child, the child's attorney, the	12752
judge, any necessary court personnel, and, in the judge's	12753
discretion, the attorney of each parent shall be permitted to be	12754
present in the chambers during the interview. No person shall	12755
obtain or attempt to obtain from a child a written or recorded	12756
statement or affidavit setting forth the wishes and concerns of	12757
the child regarding those parenting time or visitation matters. A	12758
court, in considering the factors listed in division (D) of this	12759
section for purposes of determining whether to grant any parenting	12760
time or visitation rights, establishing a parenting time or	12761
visitation schedule, determining other parenting time matters	12762
under this section or section 3109.12 of the Revised Code or	12763
visitation matters under this section or under section 3109.11 or	12764
3109.12 of the Revised Code, or resolving any issues related to	12765
the making of any determination with respect to parenting time or	12766
visitation rights or the establishment of any specific parenting	12767
time or visitation schedule, shall not accept or consider a	12768
written or recorded statement or affidavit that purports to set	12769
forth the child's wishes or concerns regarding those parenting	12770
time or visitation matters.	12771

(D) In determining whether to grant parenting time to a	12772
parent pursuant to this section or section 3109.12 of the Revised	12773
Code or companionship or visitation rights to a grandparent,	12774
relative, or other person pursuant to this section or section	12775
3109.11 or 3109.12 of the Revised Code, in establishing a specific	12776
parenting time or visitation schedule, and in determining other	12777
parenting time matters under this section or section 3109.12 of	12778
the Revised Code or visitation matters under this section or	12779
section 3109.11 or 3109.12 of the Revised Code, the court shall	12780
consider all of the following factors:	12781

(1) The prior interaction and interrelationships of the child	12782
with the child's parents, siblings, and other persons related by	12783
consanguinity or affinity, and with the person who requested	12784
companionship or visitation if that person is not a parent,	12785
sibling, or relative of the child;	12786

(2) The geographical location of the residence of each parent	12787
and the distance between those residences, and if the person is	12788
not a parent, the geographical location of that person's residence	12789
and the distance between that person's residence and the child's	12790
residence;	12791

(3) The child's and parents' available time, including, but	12792
not limited to, each parent's employment schedule, the child's	12793
school schedule, and the child's and the parents' holiday and	12794
vacation schedule;	12795

(4) The age of the child;

12796

(5) The child's adjustment to home, school, and community;

12797

(6) If the court has interviewed the child in chambers,	12798
pursuant to division (C) of this section, regarding the wishes and	12799
concerns of the child as to parenting time by the parent who is	12800
not the residential parent or companionship or visitation by the	12801
grandparent, relative, or other person who requested companionship	12802
or visitation, as to a specific parenting time or visitation	12803
schedule, or as to other parenting time or visitation matters, the	12804
wishes and concerns of the child, as expressed to the court;	12805

(7) The health and safety of the child;

12806

(8) The amount of time that will be available for the child	12807
to spend with siblings;	12808

(9) The mental and physical health of all parties;

12809

(10) Each parent's willingness to reschedule missed parenting	12810
time and to facilitate the other parent's parenting time rights,	12811
and with respect to a person who requested companionship or	12812
visitation, the willingness of that person to reschedule missed	12813
visitation;	12814

(11) In relation to parenting time, whether either parent	12815
previously has been convicted of or pleaded guilty to any criminal	12816
offense involving any act that resulted in a child being an abused	12817
child or a neglected child; whether either parent, in a case in	12818
which a child has been adjudicated an abused child or a neglected	12819
child, previously has been determined to be the perpetrator of the	12820
abusive or neglectful act that is the basis of the adjudication;	12821
and whether there is reason to believe that either parent has	12822
acted in a manner resulting in a child being an abused child or a	12823
neglected child;	12824

(12) In relation to requested companionship or visitation by	12825
a person other than a parent, whether the person previously has	12826
been convicted of or pleaded guilty to any criminal offense	12827
involving any act that resulted in a child being an abused child	12828
or a neglected child; whether the person, in a case in which a	12829
child has been adjudicated an abused child or a neglected child,	12830
previously has been determined to be the perpetrator of the	12831
abusive or neglectful act that is the basis of the adjudication;	12832
whether either parent previously has been convicted of or pleaded	12833
guilty to a violation of section 2919.25 of the Revised Code	12834
involving a victim who at the time of the commission of the	12835
offense was a member of the family or household that is the	12836
subject of the current proceeding; whether either parent	12837
previously has been convicted of an offense involving a victim who	12838
at the time of the commission of the offense was a member of the	12839
family or household that is the subject of the current proceeding	12840
and caused physical harm to the victim in the commission of the	12841
offense; and whether there is reason to believe that the person	12842
has acted in a manner resulting in a child being an abused child	12843
or a neglected child;	12844

(13) Whether the residential parent or one of the parents	12845
subject to a shared parenting decree has continuously and	12846
willfully denied the other parent's right to parenting time in	12847
accordance with an order of the court;	12848

(14) Whether either parent has established a residence or is	12849
planning to establish a residence outside this state;	12850

(15) In relation to requested companionship or visitation by	12851
a person other than a parent, the wishes and concerns of the	12852
child's parents, as expressed by them to the court;	12853

(16) Any other factor in the best interest of the child.

12854

(E) The remarriage of a residential parent of a child does	12855
not affect the authority of a court under this section to grant	12856
parenting time rights with respect to the child to the parent who	12857
is not the residential parent or to grant reasonable companionship	12858
or visitation rights with respect to the child to any grandparent,	12859
any person related by consanguinity or affinity, or any other	12860
person.	12861

(F)(1) If the court, pursuant to division (A) of this	12862
section, denies parenting time to a parent who is not the	12863
residential parent or denies a motion for reasonable companionship	12864
or visitation rights filed under division (B) of this section and	12865
the parent or movant files a written request for findings of fact	12866
and conclusions of law, the court shall state in writing its	12867
findings of fact and conclusions of law in accordance with Civil	12868
Rule 52.	12869

(2) On or before July 1, 1991, each court of common pleas, by	12870
rule, shall adopt standard parenting time guidelines. A court	12871
shall have discretion to deviate from its standard parenting time	12872
guidelines based upon factors set forth in division (D) of this	12873
section.	12874

(G)(1) If the residential parent intends to move to a	12875
residence other than the residence specified in the parenting time	12876
order or decree of the court, the parent shall file a notice of	12877
intent to relocate with the court that issued the order or decree.	12878
Except as provided in divisions (G)(2), (3), and (4) of this	12879
section, the court shall send a copy of the notice to the parent	12880
who is not the residential parent. Upon receipt of the notice, the	12881
court, on its own motion or the motion of the parent who is not	12882
the residential parent, may schedule a hearing with notice to both	12883
parents to determine whether it is in the best interest of the	12884
child to revise the parenting time schedule for the child.	12885

(2) When a court grants parenting time rights to a parent who	12886
is not the residential parent, the court shall determine whether	12887
that parent has been convicted of or pleaded guilty to a violation	12888
of section 2919.25 of the Revised Code involving a victim who at	12889
the time of the commission of the offense was a member of the	12890
family or household that is the subject of the proceeding, has	12891
been convicted of or pleaded guilty to any other offense involving	12892
a victim who at the time of the commission of the offense was a	12893
member of the family or household that is the subject of the	12894
proceeding and caused physical harm to the victim in the	12895
commission of the offense, or has been determined to be the	12896
perpetrator of the abusive act that is the basis of an	12897
adjudication that a child is an abused child. If the court	12898
determines that that parent has not been so convicted and has not	12899
been determined to be the perpetrator of an abusive act that is	12900
the basis of a child abuse adjudication, the court shall issue an	12901
order stating that a copy of any notice of relocation that is	12902
filed with the court pursuant to division (G)(1) of this section	12903
will be sent to the parent who is given the parenting time rights	12904
in accordance with division (G)(1) of this section.	12905

If the court determines that the parent who is granted the	12906
parenting time rights has been convicted of or pleaded guilty to a	12907
violation of section 2919.25 of the Revised Code involving a	12908
victim who at the time of the commission of the offense was a	12909
member of the family or household that is the subject of the	12910
proceeding, has been convicted of or pleaded guilty to any other	12911
offense involving a victim who at the time of the commission of	12912
the offense was a member of the family or household that is the	12913
subject of the proceeding and caused physical harm to the victim	12914
in the commission of the offense, or has been determined to be the	12915
perpetrator of the abusive act that is the basis of an	12916
adjudication that a child is an abused child, it shall issue an	12917
order stating that that parent will not be given a copy of any	12918
notice of relocation that is filed with the court pursuant to	12919
division (G)(1) of this section unless the court determines that	12920
it is in the best interest of the children to give that parent a	12921
copy of the notice of relocation, issues an order stating that	12922
that parent will be given a copy of any notice of relocation filed	12923
pursuant to division (G)(1) of this section, and issues specific	12924
written findings of fact in support of its determination.	12925

(3) If a court, prior to April 11, 1991, issued an order	12926
granting parenting time rights to a parent who is not the	12927
residential parent and did not require the residential parent in	12928
that order to give the parent who is granted the parenting time	12929
rights notice of any change of address and if the residential	12930
parent files a notice of relocation pursuant to division (G)(1) of	12931
this section, the court shall determine if the parent who is	12932
granted the parenting time rights has been convicted of or pleaded	12933
guilty to a violation of section 2919.25 of the Revised Code	12934
involving a victim who at the time of the commission of the	12935
offense was a member of the family or household that is the	12936
subject of the proceeding, has been convicted of or pleaded guilty	12937
to any other offense involving a victim who at the time of the	12938
commission of the offense was a member of the family or household	12939
that is the subject of the proceeding and caused physical harm to	12940
the victim in the commission of the offense, or has been	12941
determined to be the perpetrator of the abusive act that is the	12942
basis of an adjudication that a child is an abused child. If the	12943
court determines that the parent who is granted the parenting time	12944
rights has not been so convicted and has not been determined to be	12945
the perpetrator of an abusive act that is the basis of a child	12946
abuse adjudication, the court shall issue an order stating that a	12947
copy of any notice of relocation that is filed with the court	12948
pursuant to division (G)(1) of this section will be sent to the	12949
parent who is granted parenting time rights in accordance with	12950
division (G)(1) of this section.	12951

If the court determines that the parent who is granted the	12952
parenting time rights has been convicted of or pleaded guilty to a	12953
violation of section 2919.25 of the Revised Code involving a	12954
victim who at the time of the commission of the offense was a	12955
member of the family or household that is the subject of the	12956
proceeding, has been convicted of or pleaded guilty to any other	12957
offense involving a victim who at the time of the commission of	12958
the offense was a member of the family or household that is the	12959
subject of the proceeding and caused physical harm to the victim	12960
in the commission of the offense, or has been determined to be the	12961
perpetrator of the abusive act that is the basis of an	12962
adjudication that a child is an abused child, it shall issue an	12963
order stating that that parent will not be given a copy of any	12964
notice of relocation that is filed with the court pursuant to	12965
division (G)(1) of this section unless the court determines that	12966
it is in the best interest of the children to give that parent a	12967
copy of the notice of relocation, issues an order stating that	12968
that parent will be given a copy of any notice of relocation filed	12969
pursuant to division (G)(1) of this section, and issues specific	12970
written findings of fact in support of its determination.	12971

(4) If a parent who is granted parenting time rights pursuant	12972
to this section or any other section of the Revised Code is	12973
authorized by an order issued pursuant to this section or any	12974
other court order to receive a copy of any notice of relocation	12975
that is filed pursuant to division (G)(1) of this section or	12976
pursuant to court order, if the residential parent intends to move	12977
to a residence other than the residence address specified in the	12978
parenting time order, and if the residential parent does not want	12979
the parent who is granted the parenting time rights to receive a	12980
copy of the relocation notice because the parent with parenting	12981
time rights has been convicted of or pleaded guilty to a violation	12982
of section 2919.25 of the Revised Code involving a victim who at	12983
the time of the commission of the offense was a member of the	12984
family or household that is the subject of the proceeding, has	12985
been convicted of or pleaded guilty to any other offense involving	12986
a victim who at the time of the commission of the offense was a	12987
member of the family or household that is the subject of the	12988
proceeding and caused physical harm to the victim in the	12989
commission of the offense, or has been determined to be the	12990
perpetrator of the abusive act that is the basis of an	12991
adjudication that a child is an abused child, the residential	12992
parent may file a motion with the court requesting that the parent	12993
who is granted the parenting time rights not receive a copy of any	12994
notice of relocation. Upon the filing of the motion, the court	12995
shall schedule a hearing on the motion and give both parents	12996
notice of the date, time, and location of the hearing. If the	12997
court determines that the parent who is granted the parenting time	12998
rights has been so convicted or has been determined to be the	12999
perpetrator of an abusive act that is the basis of a child abuse	13000
adjudication, the court shall issue an order stating that the	13001
parent who is granted the parenting time rights will not be given	13002
a copy of any notice of relocation that is filed with the court	13003
pursuant to division (G)(1) of this section or that the	13004
residential parent is no longer required to give that parent a	13005
copy of any notice of relocation unless the court determines that	13006
it is in the best interest of the children to give that parent a	13007
copy of the notice of relocation, issues an order stating that	13008
that parent will be given a copy of any notice of relocation filed	13009
pursuant to division (G)(1) of this section, and issues specific	13010
written findings of fact in support of its determination. If it	13011
does not so find, it shall dismiss the motion.	13012

(H)(1) Subject to section 3125.16 and division (F) of section	13013
3319.321 of the Revised Code, a parent of a child who is not the	13014
residential parent of the child is entitled to access, under the	13015
same terms and conditions under which access is provided to the	13016
residential parent, to any record that is related to the child and	13017
to which the residential parent of the child legally is provided	13018
access, unless the court determines that it would not be in the	13019
best interest of the child for the parent who is not the	13020
residential parent to have access to the records under those same	13021
terms and conditions. If the court determines that the parent of a	13022
child who is not the residential parent should not have access to	13023
records related to the child under the same terms and conditions	13024
as provided for the residential parent, the court shall specify	13025
the terms and conditions under which the parent who is not the	13026
residential parent is to have access to those records, shall enter	13027
its written findings of facts and opinion in the journal, and	13028
shall issue an order containing the terms and conditions to both	13029
the residential parent and the parent of the child who is not the	13030
residential parent. The court shall include in every order issued	13031
pursuant to this division notice that any keeper of a record who	13032
knowingly fails to comply with the order or division (H) of this	13033
section is in contempt of court.	13034

(2) Subject to section 3125.16 and division (F) of section	13035
3319.321 of the Revised Code, subsequent to the issuance of an	13036
order under division (H)(1) of this section, the keeper of any	13037
record that is related to a particular child and to which the	13038
residential parent legally is provided access shall permit the	13039
parent of the child who is not the residential parent to have	13040
access to the record under the same terms and conditions under	13041
which access is provided to the residential parent, unless the	13042
residential parent has presented the keeper of the record with a	13043
copy of an order issued under division (H)(1) of this section that	13044
limits the terms and conditions under which the parent who is not	13045
the residential parent is to have access to records pertaining to	13046
the child and the order pertains to the record in question. If the	13047
residential parent presents the keeper of the record with a copy	13048
of that type of order, the keeper of the record shall permit the	13049
parent who is not the residential parent to have access to the	13050
record only in accordance with the most recent order that has been	13051
issued pursuant to division (H)(1) of this section and presented	13052
to the keeper by the residential parent or the parent who is not	13053
the residential parent. Any keeper of any record who knowingly	13054
fails to comply with division (H) of this section or with any	13055
order issued pursuant to division (H)(1) of this section is in	13056
contempt of court.	13057

(3) The prosecuting attorney of any county may file a	13058
complaint with the court of common pleas of that county requesting	13059
the court to issue a protective order preventing the disclosure	13060
pursuant to division (H)(1) or (2) of this section of any	13061
confidential law enforcement investigatory record. The court shall	13062
schedule a hearing on the motion and give notice of the date,	13063
time, and location of the hearing to all parties.	13064

(I) A court that issues a parenting time order or decree	13065
pursuant to this section or section 3109.12 of the Revised Code	13066
shall determine whether the parent granted the right of parenting	13067
time is to be permitted access, in accordance with section	13068
~~5104.011~~5104.039 of the Revised Code, to any child day-care	13069
center that is, or that in the future may be, attended by the	13070
children with whom the right of parenting time is granted. Unless	13071
the court determines that the parent who is not the residential	13072
parent should not have access to the center to the same extent	13073
that the residential parent is granted access to the center, the	13074
parent who is not the residential parent and who is granted	13075
parenting time rights is entitled to access to the center to the	13076
same extent that the residential parent is granted access to the	13077
center. If the court determines that the parent who is not the	13078
residential parent should not have access to the center to the	13079
same extent that the residential parent is granted such access	13080
under ~~division (C) of~~ section ~~5104.011~~5104.039 of the Revised	13081
Code, the court shall specify the terms and conditions under which	13082
the parent who is not the residential parent is to have access to	13083
the center, provided that the access shall not be greater than the	13084
access that is provided to the residential parent under ~~division~~	13085
~~(C) of~~ section ~~5104.011~~5104.039 of the Revised Code, the court	13086
shall enter its written findings of fact and opinions in the	13087
journal, and the court shall include the terms and conditions of	13088
access in the parenting time order or decree.	13089

(J)(1) Subject to division (F) of section 3319.321 of the	13090
Revised Code, when a court issues an order or decree allocating	13091
parental rights and responsibilities for the care of a child, the	13092
parent of the child who is not the residential parent of the child	13093
is entitled to access, under the same terms and conditions under	13094
which access is provided to the residential parent, to any student	13095
activity that is related to the child and to which the residential	13096
parent of the child legally is provided access, unless the court	13097
determines that it would not be in the best interest of the child	13098
to grant the parent who is not the residential parent access to	13099
the student activities under those same terms and conditions. If	13100
the court determines that the parent of the child who is not the	13101
residential parent should not have access to any student activity	13102
that is related to the child under the same terms and conditions	13103
as provided for the residential parent, the court shall specify	13104
the terms and conditions under which the parent who is not the	13105
residential parent is to have access to those student activities,	13106
shall enter its written findings of facts and opinion in the	13107
journal, and shall issue an order containing the terms and	13108
conditions to both the residential parent and the parent of the	13109
child who is not the residential parent. The court shall include	13110
in every order issued pursuant to this division notice that any	13111
school official or employee who knowingly fails to comply with the	13112
order or division (J) of this section is in contempt of court.	13113

(2) Subject to division (F) of section 3319.321 of the	13114
Revised Code, subsequent to the issuance of an order under	13115
division (J)(1) of this section, all school officials and	13116
employees shall permit the parent of the child who is not the	13117
residential parent to have access to any student activity under	13118
the same terms and conditions under which access is provided to	13119
the residential parent of the child, unless the residential parent	13120
has presented the school official or employee, the board of	13121
education of the school, or the governing body of the chartered	13122
nonpublic school with a copy of an order issued under division	13123
(J)(1) of this section that limits the terms and conditions under	13124
which the parent who is not the residential parent is to have	13125
access to student activities related to the child and the order	13126
pertains to the student activity in question. If the residential	13127
parent presents the school official or employee, the board of	13128
education of the school, or the governing body of the chartered	13129
nonpublic school with a copy of that type of order, the school	13130
official or employee shall permit the parent who is not the	13131
residential parent to have access to the student activity only in	13132
accordance with the most recent order that has been issued	13133
pursuant to division (J)(1) of this section and presented to the	13134
school official or employee, the board of education of the school,	13135
or the governing body of the chartered nonpublic school by the	13136
residential parent or the parent who is not the residential	13137
parent. Any school official or employee who knowingly fails to	13138
comply with division (J) of this section or with any order issued	13139
pursuant to division (J)(1) of this section is in contempt of	13140
court.	13141

(K) If any person is found in contempt of court for failing	13142
to comply with or interfering with any order or decree granting	13143
parenting time rights issued pursuant to this section or section	13144
3109.12 of the Revised Code or companionship or visitation rights	13145
issued pursuant to this section, section 3109.11 or 3109.12 of the	13146
Revised Code, or any other provision of the Revised Code, the	13147
court that makes the finding, in addition to any other penalty or	13148
remedy imposed, shall assess all court costs arising out of the	13149
contempt proceeding against the person and require the person to	13150
pay any reasonable attorney's fees of any adverse party, as	13151
determined by the court, that arose in relation to the act of	13152
contempt, and may award reasonable compensatory parenting time or	13153
visitation to the person whose right of parenting time or	13154
visitation was affected by the failure or interference if such	13155
compensatory parenting time or visitation is in the best interest	13156
of the child. Any compensatory parenting time or visitation	13157
awarded under this division shall be included in an order issued	13158
by the court and, to the extent possible, shall be governed by the	13159
same terms and conditions as was the parenting time or visitation	13160
that was affected by the failure or interference.	13161

(L) Any parent who requests reasonable parenting time rights	13162
with respect to a child under this section or section 3109.12 of	13163
the Revised Code or any person who requests reasonable	13164
companionship or visitation rights with respect to a child under	13165
this section, section 3109.11 or 3109.12 of the Revised Code, or	13166
any other provision of the Revised Code may file a motion with the	13167
court requesting that it waive all or any part of the costs that	13168
may accrue in the proceedings. If the court determines that the	13169
movant is indigent and that the waiver is in the best interest of	13170
the child, the court, in its discretion, may waive payment of all	13171
or any part of the costs of those proceedings.	13172

(M)(1) A parent who receives an order for active military	13173
service in the uniformed services and who is subject to a	13174
parenting time order may apply to the court for any of the	13175
following temporary orders for the period extending from the date	13176
of the parent's departure to the date of return:	13177

(a) An order delegating all or part of the parent's parenting	13178
time with the child to a relative or to another person who has a	13179
close and substantial relationship with the child if the	13180
delegation is in the child's best interest;	13181

(b) An order that the other parent make the child reasonably	13182
available for parenting time with the parent when the parent is on	13183
leave from active military service;	13184

(c) An order that the other parent facilitate contact,	13185
including telephone and electronic contact, between the parent and	13186
child while the parent is on active military service.	13187

(2)(a) Upon receipt of an order for active military service,	13188
a parent who is subject to a parenting time order and seeks an	13189
order under division (M)(1) of this section shall notify the other	13190
parent who is subject to the parenting time order and apply to the	13191
court as soon as reasonably possible after receipt of the order	13192
for active military service. The application shall include the	13193
date on which the active military service begins.	13194

(b) The court shall schedule a hearing upon receipt of an	13195
application under division (M) of this section and hold the	13196
hearing not later than thirty days after its receipt, except that	13197
the court shall give the case calendar priority and handle the	13198
case expeditiously if exigent circumstances exist in the case. No	13199
hearing shall be required if both parents agree to the terms of	13200
the requested temporary order and the court determines that the	13201
order is in the child's best interest.	13202

(c) In determining whether a delegation under division	13203
(M)(1)(a) of this section is in the child's best interest, the	13204
court shall consider all relevant factors, including the factors	13205
set forth in division (D) of this section.	13206

(d) An order delegating all or part of the parent's parenting	13207
time pursuant to division (M)(1)(a) of this section does not	13208
create standing on behalf of the person to whom parenting time is	13209
delegated to assert visitation or companionship rights independent	13210
of the order.	13211

(3) At the request of a parent who is ordered for active	13212
military service in the uniformed services and who is a subject of	13213
a proceeding pertaining to a parenting time order or pertaining to	13214
a request for companionship rights or visitation with a child, the	13215
court shall permit the parent to participate in the proceeding and	13216
present evidence by electronic means, including communication by	13217
telephone, video, or internet to the extent permitted by rules of	13218
the supreme court of Ohio.	13219

(N) The juvenile court has exclusive jurisdiction to enter	13220
the orders in any case certified to it from another court.	13221

(O) As used in this section:

13222

(1) "Abused child" has the same meaning as in section	13223
2151.031 of the Revised Code, and "neglected child" has the same	13224
meaning as in section 2151.03 of the Revised Code.	13225

(2) "Active military service" and "uniformed services" have	13226
the same meanings as in section 3109.04 of the Revised Code.	13227

(3) "Confidential law enforcement investigatory record" has	13228
the same meaning as in section 149.43 of the Revised Code.	13229

(4) "Parenting time order" means an order establishing the	13230
amount of time that a child spends with the parent who is not the	13231
residential parent or the amount of time that the child is to be	13232
physically located with a parent under a shared parenting order.	13233

(5) "Record" means any record, document, file, or other	13234
material that contains information directly related to a child,	13235
including, but not limited to, any of the following:	13236

(a) Records maintained by public and nonpublic schools;

13237

(b) Records maintained by facilities that provide child care,	13238
as defined in section 5104.01 of the Revised Code, publicly funded	13239
child care, as defined in section 5104.01 of the Revised Code, or	13240
pre-school services operated by or under the supervision of a	13241
school district board of education or a nonpublic school;	13242

(c) Records maintained by hospitals, other facilities, or	13243
persons providing medical or surgical care or treatment for the	13244
child;	13245

(d) Records maintained by agencies, departments,	13246
instrumentalities, or other entities of the state or any political	13247
subdivision of the state, other than a child support enforcement	13248
agency. Access to records maintained by a child support	13249
enforcement agency is governed by section 3125.16 of the Revised	13250
Code.	13251

Sec. 3701.63. (A) As used in this section and section 3701.64	13252
of the Revised Code:	13253

(1) "Child day-care center," "type A family day-care home,"	13254
and "~~certified~~licensed type B family day-care home" have the same	13255
meanings as in section 5104.01 of the Revised Code.	13256

(2) "Child care facility" means a child day-care center, a	13257
type A family day-care home, or a ~~certified~~licensed type B family	13258
day-care home.	13259

(3) "Freestanding birthing center" has the same meaning as in	13260
section 3702.51 of the Revised Code.	13261

(4) "Hospital" means a hospital classified pursuant to rules	13262
adopted under section 3701.07 of the Revised Code as a general	13263
hospital or children's hospital.	13264

(5) "Maternity unit" means any unit or place in a hospital	13265
where women are regularly received and provided care during all or	13266
part of the maternity cycle, except that "maternity unit" does not	13267
include an emergency department or similar place dedicated to	13268
providing emergency health care.	13269

(6) "Parent" means either parent, unless the parents are	13270
separated or divorced or their marriage has been dissolved or	13271
annulled, in which case "parent" means the parent who is the	13272
residential parent and legal custodian of the child. "Parent" also	13273
means a prospective adoptive parent with whom a child is placed.	13274

(7) "Shaken ~~Baby Syndrome~~baby syndrome" means signs and	13275
symptoms, including, but not limited to, retinal hemorrhages in	13276
one or both eyes, subdural hematoma, or brain swelling, resulting	13277
from the violent shaking or the shaking and impacting of the head	13278
of an infant or small child.	13279

(B) The director of health shall establish the shaken baby	13280
syndrome education program by doing all of the following:	13281

(1) By not later than one year after February 29, 2008,	13282
developing educational materials that present readily	13283
comprehendible information on shaken baby syndrome;	13284

(2) Making available on the department of health web site in	13285
an easily accessible format the educational materials developed	13286
under division (B)(1) of this section;	13287

(3) Beginning in 2009, annually assessing the effectiveness	13288
of the shaken baby syndrome education program by evaluating the	13289
reports received pursuant to section 5101.135 of the Revised Code.	13290

(C) In meeting the requirements under division (B) of this	13291
section, the director shall not develop educational materials that	13292
will impose an administrative or financial burden on any of the	13293
entities or persons listed in section 3701.64 of the Revised Code.	13294

Sec. 3737.22. (A) The fire marshal shall do all of the	13295
following:	13296

(1) Adopt the state fire code under sections 3737.82 to	13297
3737.86 of the Revised Code;	13298

(2) Enforce the state fire code;

13299

(3) Appoint assistant fire marshals who are authorized to	13300
enforce the state fire code;	13301

(4) Conduct investigations into the cause, origin, and	13302
circumstances of fires and explosions, and assist in the	13303
prosecution of persons believed to be guilty of arson or a similar	13304
crime;	13305

(5) Compile statistics concerning loss due to fire and	13306
explosion as the fire marshal considers necessary, and consider	13307
the compatibility of the fire marshal's system of compilation with	13308
the systems of other state and federal agencies and fire marshals	13309
of other states;	13310

(6) Engage in research on the cause and prevention of losses	13311
due to fire and explosion;	13312

(7) Engage in public education and informational activities	13313
which will inform the public of fire safety information;	13314

(8) Operate a fire training academy and forensic laboratory;

13315

(9) Conduct other fire safety and fire fighting training	13316
activities for the public and groups as will further the cause of	13317
fire safety;	13318

(10) Conduct licensing examinations, and issue permits,	13319
licenses, and certificates, as authorized by the Revised Code;	13320

(11) Conduct tests of fire protection systems and devices,	13321
and fire fighting equipment to determine compliance with the state	13322
fire code, unless a building is insured against the hazard of	13323
fire, in which case such tests may be performed by the company	13324
insuring the building;	13325

(12) Establish and collect fees for conducting licensing	13326
examinations and for issuing permits, licenses, and certificates;	13327

(13) Make available for the prosecuting attorney and an	13328
assistant prosecuting attorney from each county of this state, in	13329
accordance with section 3737.331 of the Revised Code, a seminar	13330
program, attendance at which is optional, that is designed to	13331
provide current information, data, training, and techniques	13332
relative to the prosecution of arson cases;	13333

(14) Administer and enforce Chapter 3743. of the Revised	13334
Code;	13335

(15) Develop a uniform standard for the reporting of	13336
information required to be filed under division (E)(4) of section	13337
2921.22 of the Revised Code, and accept the reports of the	13338
information when they are filed.	13339

(B) The fire marshal shall appoint a chief deputy fire	13340
marshal, and shall employ professional and clerical assistants as	13341
the fire marshal considers necessary. The chief deputy shall be a	13342
competent former or current member of a fire agency and possess	13343
five years of recent, progressively more responsible experience in	13344
fire inspection, fire code enforcement, and fire code management.	13345
The chief deputy, with the approval of the director of commerce,	13346
shall temporarily assume the duties of the fire marshal when the	13347
fire marshal is absent or temporarily unable to carry out the	13348
duties of the office. When there is a vacancy in the office of	13349
fire marshal, the chief deputy, with the approval of the director	13350
of commerce, shall temporarily assume the duties of the fire	13351
marshal until a new fire marshal is appointed under section	13352
3737.21 of the Revised Code.	13353

All employees, other than the fire marshal; the chief deputy	13354
fire marshal; the superintendent of the Ohio fire academy; the	13355
grants administrator; the fiscal officer; the executive secretary	13356
to the fire marshal; legal counsel; the pyrotechnics	13357
administrator, the chief of the forensic laboratory; the person	13358
appointed by the fire marshal to serve as administrator over	13359
functions concerning testing, license examinations, and the	13360
issuance of permits and certificates; and the chiefs of the	13361
bureaus of fire prevention, of fire and explosion investigation,	13362
of code enforcement, and of underground storage tanks shall be in	13363
the classified civil service. The fire marshal shall authorize the	13364
chief deputy and other employees under the fire marshal's	13365
supervision to exercise powers granted to the fire marshal by law	13366
as may be necessary to carry out the duties of the fire marshal's	13367
office.	13368

(C) The fire marshal shall create, in and as a part of the	13369
office of fire marshal, a fire and explosion investigation bureau	13370
consisting of a chief of the bureau and additional assistant fire	13371
marshals as the fire marshal determines necessary for the	13372
efficient administration of the bureau. The chief shall be	13373
experienced in the investigation of the cause, origin, and	13374
circumstances of fires, and in administration, including the	13375
supervision of subordinates. The chief, among other duties	13376
delegated to the chief by the fire marshal, shall be responsible,	13377
under the direction of the fire marshal, for the investigation of	13378
the cause, origin, and circumstances of fires and explosions in	13379
the state, and for assistance in the prosecution of persons	13380
believed to be guilty of arson or a similar crime.	13381

(D)(1) The fire marshal shall create, as part of the office	13382
of fire marshal, a bureau of code enforcement consisting of a	13383
chief of the bureau and additional assistant fire marshals as the	13384
fire marshal determines necessary for the efficient administration	13385
of the bureau. The chief shall be qualified, by education or	13386
experience, in fire inspection, fire code development, fire code	13387
enforcement, or any other similar field determined by the fire	13388
marshal, and in administration, including the supervision of	13389
subordinates. The chief is responsible, under the direction of the	13390
fire marshal, for fire inspection, fire code development, fire	13391
code enforcement, and any other duties delegated to the chief by	13392
the fire marshal.	13393

(2) The fire marshal, the chief deputy fire marshal, the	13394
chief of the bureau of code enforcement, or any assistant fire	13395
marshal under the direction of the fire marshal, the chief deputy	13396
fire marshal, or the chief of the bureau of code enforcement may	13397
cause to be conducted the inspection of all buildings, structures,	13398
and other places, the condition of which may be dangerous from a	13399
fire safety standpoint to life or property, or to property	13400
adjacent to the buildings, structures, or other places.	13401

(E) The fire marshal shall create, as a part of the office of	13402
fire marshal, a bureau of fire prevention consisting of a chief of	13403
the bureau and additional assistant fire marshals as the fire	13404
marshal determines necessary for the efficient administration of	13405
the bureau. The chief shall be qualified, by education or	13406
experience, to promote programs for rural and urban fire	13407
prevention and protection. The chief, among other duties delegated	13408
to the chief by the fire marshal, is responsible, under the	13409
direction of the fire marshal, for the promotion of rural and	13410
urban fire prevention and protection through public information	13411
and education programs.	13412

(F) The fire marshal shall cooperate with the director of job	13413
and family services when the director adopts rules under section	13414
5104.052 of the Revised Code regarding fire prevention and fire	13415
safety in ~~certified~~licensed type B family day-care homes, as	13416
defined in section 5104.01 of the Revised Code, recommend	13417
procedures for inspecting type B homes to determine whether they	13418
are in compliance with those rules, and provide training and	13419
technical assistance to the director and county directors of job	13420
and family services on the procedures for determining compliance	13421
with those rules.	13422

(G) The fire marshal, upon request of a provider of child	13423
care in a type B home that is not ~~certified~~licensed by the ~~county~~	13424
director of job and family services, as a precondition of approval	13425
by the state board of education under section 3313.813 of the	13426
Revised Code for receipt of United States department of	13427
agriculture child and adult care food program funds established	13428
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	13429
U.S.C. 1751, as amended, shall inspect the type B home to	13430
determine compliance with rules adopted under section 5104.052 of	13431
the Revised Code regarding fire prevention and fire safety in	13432
~~certified~~licensed type B homes. In municipal corporations and in	13433
townships where there is a certified fire safety inspector, the	13434
inspections shall be made by that inspector under the supervision	13435
of the fire marshal, according to rules adopted under section	13436
5104.052 of the Revised Code. In townships outside municipal	13437
corporations where there is no certified fire safety inspector,	13438
inspections shall be made by the fire marshal.	13439

Sec. 3742.01. As used in this chapter:

13440

(A) "Board of health" means the board of health of a city or	13441
general health district or the authority having the duties of a	13442
board of health under section 3709.05 of the Revised Code.	13443

(B) "Child care facility" means each area of any of the	13444
following in which child care, as defined in section 5104.01 of	13445
the Revised Code, is provided to children under six years of age:	13446

(1) A child day-care center, type A family day-care home, or	13447
type B family day-care home as defined in section 5104.01 of the	13448
Revised Code;	13449

(2) ~~A type C family day-care home authorized to provide child~~	13450
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	13451
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	13452
~~of the 123rd general assembly;~~	13453

~~(3)~~ A preschool program or school child program as defined in	13454
section 3301.52 of the Revised Code.	13455

(C) "Clearance examination" means an examination to determine	13456
whether the lead hazards in a residential unit, child care	13457
facility, or school have been sufficiently controlled. A clearance	13458
examination includes a visual assessment, collection, and analysis	13459
of environmental samples.	13460

(D) "Clearance technician" means a person, other than a	13461
licensed lead inspector or licensed lead risk assessor, who	13462
performs a clearance examination.	13463

(E) "Clinical laboratory" means a facility for the	13464
biological, microbiological, serological, chemical,	13465
immunohematological, hematological, biophysical, cytological,	13466
pathological, or other examination of substances derived from the	13467
human body for the purpose of providing information for the	13468
diagnosis, prevention, or treatment of any disease, or in the	13469
assessment or impairment of the health of human beings. "Clinical	13470
laboratory" does not include a facility that only collects or	13471
prepares specimens, or serves as a mailing service, and does not	13472
perform testing.	13473

(F) "Encapsulation" means the coating and sealing of surfaces	13474
with durable surface coating specifically formulated to be	13475
elastic, able to withstand sharp and blunt impacts, long-lasting,	13476
and resilient, while also resistant to cracking, peeling, algae,	13477
fungus, and ultraviolet light, so as to prevent any part of	13478
lead-containing paint from becoming part of house dust or	13479
otherwise accessible to children.	13480

(G) "Enclosure" means the resurfacing or covering of surfaces	13481
with durable materials such as wallboard or paneling, and the	13482
sealing or caulking of edges and joints, so as to prevent or	13483
control chalking, flaking, peeling, scaling, or loose	13484
lead-containing substances from becoming part of house dust or	13485
otherwise accessible to children.	13486

(H) "Environmental lead analytical laboratory" means a	13487
facility that analyzes air, dust, soil, water, paint, film, or	13488
other substances, other than substances derived from the human	13489
body, for the presence and concentration of lead.	13490

(I) "HEPA" means the designation given to a product, device,	13491
or system that has been equipped with a high-efficiency	13492
particulate air filter, which is a filter capable of removing	13493
particles of 0.3 microns or larger from air at 99.97 per cent or	13494
greater efficiency.	13495

(J) "Interim controls" means a set of measures designed to	13496
reduce temporarily human exposure or likely human exposure to lead	13497
hazards. Interim controls include specialized cleaning, repairs,	13498
painting, temporary containment, ongoing lead hazard maintenance	13499
activities, and the establishment and operation of management and	13500
resident education programs.	13501

(K)(1) "Lead abatement" means a measure or set of measures	13502
designed for the single purpose of permanently eliminating lead	13503
hazards. "Lead abatement" includes all of the following:	13504

(a) Removal of lead-based paint and lead-contaminated dust;

13505

(b) Permanent enclosure or encapsulation of lead-based paint;

13506

(c) Replacement of surfaces or fixtures painted with	13507
lead-based paint;	13508

(d) Removal or permanent covering of lead-contaminated soil;

13509

(e) Preparation, cleanup, and disposal activities associated	13510
with lead abatement.	13511

(2) "Lead abatement" does not include any of the following:

13512

(a) Preventive treatments performed pursuant to section	13513
3742.41 of the Revised Code;	13514

(b) Implementation of interim controls;

13515

(c) Activities performed by a property owner on a residential	13516
unit to which both of the following apply:	13517

(i) It is a freestanding single-family home used as the	13518
property owner's private residence.	13519

(ii) No child under six years of age who has lead poisoning	13520
resides in the unit.	13521

(L) "Lead abatement contractor" means any individual who	13522
engages in or intends to engage in lead abatement and employs or	13523
supervises one or more lead abatement workers, including on-site	13524
supervision of lead abatement projects, or prepares	13525
specifications, plans, or documents for a lead abatement project.	13526

(M) "Lead abatement project" means one or more lead abatement	13527
activities that are conducted by a lead abatement contractor and	13528
are reasonably related to each other.	13529

(N) "Lead abatement project designer" means a person who is	13530
responsible for designing lead abatement projects and preparing a	13531
pre-abatement plan for all designed projects.	13532

(O) "Lead abatement worker" means an individual who is	13533
responsible in a nonsupervisory capacity for the performance of	13534
lead abatement.	13535

(P) "Lead-based paint" means any paint or other similar	13536
surface-coating substance containing lead at or in excess of the	13537
level that is hazardous to human health as established by rule of	13538
the public health council under section 3742.50 of the Revised	13539
Code.	13540

(Q) "Lead-contaminated dust" means dust that contains an area	13541
or mass concentration of lead at or in excess of the level that is	13542
hazardous to human health as established by rule of the public	13543
health council under section 3742.50 of the Revised Code.	13544

(R) "Lead-contaminated soil" means soil that contains lead at	13545
or in excess of the level that is hazardous to human health as	13546
established by rule of the public health council under section	13547
3742.50 of the Revised Code.	13548

(S) "Lead hazard" means material that is likely to cause lead	13549
exposure and endanger an individual's health as determined by the	13550
public health council in rules adopted under section 3742.50 of	13551
the Revised Code. "Lead hazard" includes lead-based paint,	13552
lead-contaminated dust, lead-contaminated soil, and	13553
lead-contaminated water pipes.	13554

(T) "Lead inspection" means a surface-by-surface	13555
investigation to determine the presence of lead-based paint. The	13556
inspection shall use a sampling or testing technique approved by	13557
the public health council in rules adopted by the council under	13558
section 3742.03 of the Revised Code. A licensed lead inspector or	13559
laboratory approved under section 3742.09 of the Revised Code	13560
shall certify in writing the precise results of the inspection.	13561

(U) "Lead inspector" means any individual who conducts a lead	13562
inspection, provides professional advice regarding a lead	13563
inspection, or prepares a report explaining the results of a lead	13564
inspection.	13565

(V) "Lead poisoning" means the level of lead in human blood	13566
that is hazardous to human health, as specified in rules adopted	13567
under section 3742.50 of the Revised Code.	13568

(W) "Lead risk assessment" means an on-site investigation to	13569
determine and report the existence, nature, severity, and location	13570
of lead hazards in a residential unit, child care facility, or	13571
school, including information gathering from the unit, facility,	13572
or school's current owner's knowledge regarding the age and	13573
painting history of the unit, facility, or school and occupancy by	13574
children under six years of age, visual inspection, limited wipe	13575
sampling or other environmental sampling techniques, and any other	13576
activity as may be appropriate.	13577

(X) "Lead risk assessor" means a person who is responsible	13578
for developing a written inspection, risk assessment, and analysis	13579
plan; conducting inspections for lead hazards in a residential	13580
unit, child care facility, or school; interpreting results of	13581
inspections and risk assessments; identifying hazard control	13582
strategies to reduce or eliminate lead exposures; and completing a	13583
risk assessment report.	13584

(Y) "Lead-safe renovation" means the supervision or	13585
performance of services for the general improvement of all or part	13586
of an existing structure, including a residential unit, child care	13587
facility, or school, when the services are supervised or performed	13588
by a lead-safe renovator.	13589

(Z) "Lead-safe renovator" means a person who has successfully	13590
completed a training program in lead-safe renovation approved	13591
under section 3742.47 of the Revised Code.	13592

(AA) "Manager" means a person, who may be the same person as	13593
the owner, responsible for the daily operation of a residential	13594
unit, child care facility, or school.	13595

(BB) "Permanent" means an expected design life of at least	13596
twenty years.	13597

(CC) "Replacement" means an activity that entails removing	13598
components such as windows, doors, and trim that have lead hazards	13599
on their surfaces and installing components free of lead hazards.	13600

(DD) "Residential unit" means a dwelling or any part of a	13601
building being used as an individual's private residence.	13602

(EE) "School" means a public or nonpublic school in which	13603
children under six years of age receive education.	13604

Sec. 3797.06. (A) As used in this section, "specified	13605
geographical notification area" means the geographic area or areas	13606
within which the attorney general requires by rule adopted under	13607
section 3797.08 of the Revised Code the notice described in	13608
division (B) of this section to be given to the persons identified	13609
in divisions (A)(1) to (9) of this section. If a court enters a	13610
declaratory judgment against a registrant under section 2721.21 of	13611
the Revised Code, the sheriff with whom the registrant has most	13612
recently registered under section 3797.02 or 3797.03 of the	13613
Revised Code and the sheriff to whom the registrant most recently	13614
sent a notice of intent to reside under section 3797.03 of the	13615
Revised Code shall provide within the period of time specified in	13616
division (C) of this section a written notice containing the	13617
information set forth in division (B) of this section to all of	13618
the persons described in divisions (A)(1) to (9) of this section.	13619
If the sheriff has sent a notice to the persons described in those	13620
divisions as a result of receiving a notice of intent to reside	13621
and if the registrant registers a residence address that is the	13622
same residence address described in the notice of intent to	13623
reside, the sheriff is not required to send an additional notice	13624
when the registrant registers. The sheriff shall provide the	13625
notice to all of the following persons:	13626

(1)(a) Any occupant of each residential unit that is located	13627
within one thousand feet of the registrant's residential premises,	13628
that is located within the county served by the sheriff, and that	13629
is not located in a multi-unit building. Division (D)(3) of this	13630
section applies regarding notices required under this division.	13631

(b) If the registrant resides in a multi-unit building, any	13632
occupant of each residential unit that is located in that	13633
multi-unit building and that shares a common hallway with the	13634
registrant. For purposes of this division, an occupant's unit	13635
shares a common hallway with the registrant if the entrance door	13636
into the occupant's unit is located on the same floor and opens	13637
into the same hallway as the entrance door to the unit the	13638
registrant occupies. Division (D)(3) of this section applies	13639
regarding notices required under this division.	13640

(c) The building manager, or the person the building owner or	13641
condominium unit owners association authorizes to exercise	13642
management and control, of each multi-unit building that is	13643
located within one thousand feet of the registrant's residential	13644
premises, including a multi-unit building in which the registrant	13645
resides, and that is located within the county served by the	13646
sheriff. In addition to notifying the building manager or the	13647
person authorized to exercise management and control in the	13648
multi-unit building under this division, the sheriff shall post a	13649
copy of the notice prominently in each common entryway in the	13650
building and any other location in the building the sheriff	13651
determines appropriate. The manager or person exercising	13652
management and control of the building shall permit the sheriff to	13653
post copies of the notice under this division as the sheriff	13654
determines appropriate. In lieu of posting copies of the notice as	13655
described in this division, a sheriff may provide notice to all	13656
occupants of the multi-unit building by mail or personal contact.	13657
If the sheriff so notifies all the occupants, the sheriff is not	13658
required to post copies of the notice in the common entryways to	13659
the building. Division (D)(3) of this section applies regarding	13660
notices required under this division.	13661

(d) All additional persons who are within any category of	13662
neighbors of the registrant that the attorney general by rule	13663
adopted under section 3797.08 of the Revised Code requires to be	13664
provided the notice and who reside within the county served by the	13665
sheriff.	13666

(2) The executive director of the public children services	13667
agency that has jurisdiction within the specified geographical	13668
notification area and that is located within the county served by	13669
the sheriff;	13670

(3) The superintendent of each board of education of a school	13671
district that has schools within the specified geographical	13672
notification area and that is located within the county served by	13673
the sheriff;	13674

(4) The appointing or hiring officer of each nonpublic school	13675
located within the specified geographical notification area and	13676
within the county served by the sheriff or of each other school	13677
located within the specified geographical notification area and	13678
within the county served by the sheriff and that is not operated	13679
by a board of education described in division (A)(3) of this	13680
section;	13681

(5) The director, head teacher, elementary principal, or site	13682
administrator of each preschool program governed by Chapter 3301.	13683
of the Revised Code that is located within the specified	13684
geographical notification area and within the county served by the	13685
sheriff;	13686

(6) The administrator of each child day-care center or type A	13687
family day-care home that is located within the specified	13688
geographical notification area and within the county served by the	13689
sheriff, and ~~the provider of~~ each ~~certified~~holder of a license to	13690
operate a type B family day-care home that is located within the	13691
specified geographical notification area and within the county	13692
served by the sheriff. As used in this division, "child day-care	13693
center," "type A family day-care home," and "~~certified~~ type B	13694
family day-care home" have the same meanings as in section 5104.01	13695
of the Revised Code.	13696

(7) The president or other chief administrative officer of	13697
each institution of higher education, as defined in section	13698
2907.03 of the Revised Code, that is located within the specified	13699
geographical notification area and within the county served by the	13700
sheriff and the chief law enforcement officer of any state	13701
university law enforcement agency or campus police department	13702
established under section 3345.04 or 1713.50 of the Revised Code	13703
that serves that institution;	13704

(8) The sheriff of each county that includes any portion of	13705
the specified geographical notification area;	13706

(9) If the registrant resides within the county served by the	13707
sheriff, the chief of police, marshal, or other chief law	13708
enforcement officer of the municipal corporation in which the	13709
registrant resides or, if the registrant resides in an	13710
unincorporated area, the constable or chief of the police	13711
department or police district police force of the township in	13712
which the registrant resides.	13713

(B) The notice required under division (A) of this section	13714
shall include the registrant's name, residence or employment	13715
address, as applicable, and a statement that the registrant has	13716
been found liable for childhood sexual abuse in a civil action and	13717
is listed on the civil registry established by the attorney	13718
general pursuant to section 3797.08 of the Revised Code.	13719

(C) If a sheriff with whom a registrant registers under	13720
section 3797.02 or 3797.03 of the Revised Code or to whom the	13721
registrant most recently sent a notice of intent to reside under	13722
section 3797.03 of the Revised Code is required by division (A) of	13723
this section to provide notices regarding a registrant and if the	13724
sheriff provides a notice pursuant to that requirement the sheriff	13725
provides a notice to a sheriff of one or more other counties in	13726
accordance with division (A)(8) of this section, the sheriff of	13727
each of the other counties who is provided notice under division	13728
(A)(8) of this section shall provide the notices described in	13729
divisions (A)(1) to (7) and (A)(9) of this section to each person	13730
or entity identified within those divisions that is located within	13731
the specified geographical notification area and within the county	13732
served by the sheriff in question.	13733

(D)(1) A sheriff required by division (A) or (C) of this	13734
section to provide notices regarding a registrant shall provide	13735
the notice to the neighbors that are described in division (A)(1)	13736
of this section and the notices to law enforcement personnel that	13737
are described in divisions (A)(8) and (9) of this section as soon	13738
as practicable, but not later than five days after the registrant	13739
sends the notice of intent to reside to the sheriff, and again not	13740
later than five days after the registrant registers with the	13741
sheriff or, if the sheriff is required by division (C) to provide	13742
the notices, not later than five days after the sheriff is	13743
provided the notice described in division (A)(8) of this section.	13744

A sheriff required by division (A) or (C) of this section to	13745
provide notices regarding a registrant shall provide the notices	13746
to all other specified persons that are described in divisions	13747
(A)(2) to (7) of this section as soon as practicable, but not	13748
later than seven days after the registrant registers with the	13749
sheriff, or, if the sheriff is required by division (C) to provide	13750
the notices, not later than five days after the sheriff is	13751
provided the notice described in division (A)(8) of this section.	13752

(2) If a registrant in relation to whom division (A) of this	13753
section applies verifies the registrant's current residence	13754
address with a sheriff pursuant to section 3797.04 of the Revised	13755
Code, the sheriff may provide a written notice containing the	13756
information set forth in division (B) of this section to the	13757
persons identified in divisions (A)(1) to (9) of this section. If	13758
a sheriff provides a notice pursuant to this division to the	13759
sheriff of one or more other counties in accordance with division	13760
(A)(8) of this section, the sheriff of each of the other counties	13761
who is provided the notice under division (A)(8) of this section	13762
may provide, but is not required to provide, a written notice	13763
containing the information set forth in division (B) of this	13764
section to the persons identified in divisions (A)(1) to (7) and	13765
(A)(9) of this section.	13766

(3) A sheriff may provide notice under division (A)(1)(a) or	13767
(b) of this section, and may provide notice under division	13768
(A)(1)(c) of this section to a building manager or person	13769
authorized to exercise management and control of a building, by	13770
mail, by personal contact, or by leaving the notice at or under	13771
the entry door to a residential unit. For purposes of divisions	13772
(A)(1)(a) and (b) of this section and of the portion of division	13773
(A)(1)(c) of this section relating to the provision of notice to	13774
occupants of a multi-unit building by mail or personal contact,	13775
the provision of one written notice per unit is deemed providing	13776
notice to all occupants of that unit.	13777

(E) All information that a sheriff possesses regarding a	13778
registrant that is described in division (B) of this section and	13779
that must be provided in a notice required under division (A) or	13780
(C) of this section or that may be provided in a notice authorized	13781
under division (D)(2) of this section is a public record that is	13782
open to inspection under section 149.43 of the Revised Code.	13783

(F) A sheriff required by division (A) or (C) of this	13784
section, or authorized by division (D)(2) of this section, to	13785
provide notices regarding a registrant may request the department	13786
of job and family services, department of education, or Ohio board	13787
of regents, by telephone, in registrant, or by mail, to provide	13788
the sheriff with the names, addresses, and telephone numbers of	13789
the appropriate persons and entities to whom the notices described	13790
in divisions (A)(2) to (7) of this section are to be provided.	13791
Upon receipt of a request, the department or board shall provide	13792
the requesting sheriff with the names, addresses, and telephone	13793
numbers of the appropriate persons and entities to whom those	13794
notices are to be provided.	13795

(G)(1) Upon the motion of the registrant or the judge that	13796
entered a declaratory judgment pursuant to section 2721.21 of the	13797
Revised Code or that judge's successor in office, the judge may	13798
schedule a hearing to determine whether the interests of justice	13799
would be served by suspending the community notification	13800
requirement under this section in relation to the registrant. The	13801
judge may dismiss the motion without a hearing but may not issue	13802
an order suspending the community notification requirement without	13803
a hearing. At the hearing, all parties are entitled to be heard.	13804
If, at the conclusion of the hearing, the judge finds that the	13805
registrant has proven by clear and convincing evidence that the	13806
registrant is unlikely to commit childhood sexual abuse in the	13807
future and that suspending the community notification requirement	13808
is in the interests of justice, the judge may issue an order	13809
suspending the application of this section in relation to the	13810
registrant. The order shall contain both of these findings.	13811

The judge promptly shall serve a copy of the order upon the	13812
sheriff with whom the registrant most recently registered a	13813
residence address and the sheriff with whom the registrant most	13814
recently registered an employment address under section 3797.02 of	13815
the Revised Code.	13816

An order suspending the community notification requirement	13817
does not suspend or otherwise alter a registrant's duties to	13818
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	13819
Code.	13820

(2) A registrant has the right to appeal an order denying a	13821
motion made under division (G)(1) of this section.	13822

Sec. 4511.81. (A) When any child who is in either or both of	13823
the following categories is being transported in a motor vehicle,	13824
other than a taxicab or public safety vehicle as defined in	13825
section 4511.01 of the Revised Code, that is required by the	13826
United States department of transportation to be equipped with	13827
seat belts at the time of manufacture or assembly, the operator of	13828
the motor vehicle shall have the child properly secured in	13829
accordance with the manufacturer's instructions in a child	13830
restraint system that meets federal motor vehicle safety	13831
standards:	13832

(1) A child who is less than four years of age;

13833

(2) A child who weighs less than forty pounds.

13834

(B) When any child who is in either or both of the following	13835
categories is being transported in a motor vehicle, other than a	13836
taxicab, that is owned, leased, or otherwise under the control of	13837
a nursery school or day-care center, the operator of the motor	13838
vehicle shall have the child properly secured in accordance with	13839
the manufacturer's instructions in a child restraint system that	13840
meets federal motor vehicle safety standards:	13841

(1) A child who is less than four years of age;

13842

(2) A child who weighs less than forty pounds.

13843

(C) When any child who is less than eight years of age and	13844
less than four feet nine inches in height, who is not required by	13845
division (A) or (B) of this section to be secured in a child	13846
restraint system, is being transported in a motor vehicle, other	13847
than a taxicab or public safety vehicle as defined in section	13848
4511.01 of the Revised Code or a vehicle that is regulated under	13849
section ~~5104.011~~5104.015 of the Revised Code, that is required by	13850
the United States department of transportation to be equipped with	13851
seat belts at the time of manufacture or assembly, the operator of	13852
the motor vehicle shall have the child properly secured in	13853
accordance with the manufacturer's instructions on a booster seat	13854
that meets federal motor vehicle safety standards.	13855

(D) When any child who is at least eight years of age but not	13856
older than fifteen years of age, and who is not otherwise required	13857
by division (A), (B), or (C) of this section to be secured in a	13858
child restraint system or booster seat, is being transported in a	13859
motor vehicle, other than a taxicab or public safety vehicle as	13860
defined in section 4511.01 of the Revised Code, that is required	13861
by the United States department of transportation to be equipped	13862
with seat belts at the time of manufacture or assembly, the	13863
operator of the motor vehicle shall have the child properly	13864
restrained either in accordance with the manufacturer's	13865
instructions in a child restraint system that meets federal motor	13866
vehicle safety standards or in an occupant restraining device as	13867
defined in section 4513.263 of the Revised Code.	13868

(E) Notwithstanding any provision of law to the contrary, no	13869
law enforcement officer shall cause an operator of a motor vehicle	13870
being operated on any street or highway to stop the motor vehicle	13871
for the sole purpose of determining whether a violation of	13872
division (C) or (D) of this section has been or is being committed	13873
or for the sole purpose of issuing a ticket, citation, or summons	13874
for a violation of division (C) or (D) of this section or causing	13875
the arrest of or commencing a prosecution of a person for a	13876
violation of division (C) or (D) of this section, and absent	13877
another violation of law, a law enforcement officer's view of the	13878
interior or visual inspection of a motor vehicle being operated on	13879
any street or highway may not be used for the purpose of	13880
determining whether a violation of division (C) or (D) of this	13881
section has been or is being committed.	13882

(F) The director of public safety shall adopt such rules as	13883
are necessary to carry out this section.	13884

(G) The failure of an operator of a motor vehicle to secure a	13885
child in a child restraint system, a booster seat, or an occupant	13886
restraining device as required by this section is not negligence	13887
imputable to the child, is not admissible as evidence in any civil	13888
action involving the rights of the child against any other person	13889
allegedly liable for injuries to the child, is not to be used as a	13890
basis for a criminal prosecution of the operator of the motor	13891
vehicle other than a prosecution for a violation of this section,	13892
and is not admissible as evidence in any criminal action involving	13893
the operator of the motor vehicle other than a prosecution for a	13894
violation of this section.	13895

(H) This section does not apply when an emergency exists that	13896
threatens the life of any person operating or occupying a motor	13897
vehicle that is being used to transport a child who otherwise	13898
would be required to be restrained under this section. This	13899
section does not apply to a person operating a motor vehicle who	13900
has an affidavit signed by a physician licensed to practice in	13901
this state under Chapter 4731. of the Revised Code or a	13902
chiropractor licensed to practice in this state under Chapter	13903
4734. of the Revised Code that states that the child who otherwise	13904
would be required to be restrained under this section has a	13905
physical impairment that makes use of a child restraint system,	13906
booster seat, or an occupant restraining device impossible or	13907
impractical, provided that the person operating the vehicle has	13908
safely and appropriately restrained the child in accordance with	13909
any recommendations of the physician or chiropractor as noted on	13910
the affidavit.	13911

(I) There is hereby created in the state treasury the child	13912
highway safety fund, consisting of fines imposed pursuant to	13913
division (K)(1) of this section for violations of divisions (A),	13914
(B), (C), and (D) of this section. The money in the fund shall be	13915
used by the department of health only to defray the cost of	13916
designating hospitals as pediatric trauma centers under section	13917
3727.081 of the Revised Code and to establish and administer a	13918
child highway safety program. The purpose of the program shall be	13919
to educate the public about child restraint systems and booster	13920
seats and the importance of their proper use. The program also	13921
shall include a process for providing child restraint systems and	13922
booster seats to persons who meet the eligibility criteria	13923
established by the department, and a toll-free telephone number	13924
the public may utilize to obtain information about child restraint	13925
systems and booster seats, and their proper use.	13926

(J) The director of health, in accordance with Chapter 119.	13927
of the Revised Code, shall adopt any rules necessary to carry out	13928
this section, including rules establishing the criteria a person	13929
must meet in order to receive a child restraint system or booster	13930
seat under the department's child highway safety program; provided	13931
that rules relating to the verification of pediatric trauma	13932
centers shall not be adopted under this section.	13933

(K) Nothing in this section shall be construed to require any	13934
person to carry with the person the birth certificate of a child	13935
to prove the age of the child, but the production of a valid birth	13936
certificate for a child showing that the child was not of an age	13937
to which this section applies is a defense against any ticket,	13938
citation, or summons issued for violating this section.	13939

(L)(1) Whoever violates division (A), (B), (C), or (D) of	13940
this section shall be punished as follows, provided that the	13941
failure of an operator of a motor vehicle to secure more than one	13942
child in a child restraint system, booster seat, or occupant	13943
restraining device as required by this section that occurred at	13944
the same time, on the same day, and at the same location is deemed	13945
to be a single violation of this section:	13946

(a) Except as otherwise provided in division (L)(1)(b) of	13947
this section, the offender is guilty of a minor misdemeanor and	13948
shall be fined not less than twenty-five dollars nor more than	13949
seventy-five dollars.	13950

(b) If the offender previously has been convicted of or	13951
pleaded guilty to a violation of division (A), (B), (C), or (D) of	13952
this section or of a municipal ordinance that is substantially	13953
similar to any of those divisions, the offender is guilty of a	13954
misdemeanor of the fourth degree.	13955

(2) All fines imposed pursuant to division (L)(1) of this	13956
section shall be forwarded to the treasurer of state for deposit	13957
in the child highway safety fund created by division (I) of this	13958
section.	13959

Sec. 5101.29. When contained in a record held by the	13960
department of job and family services or a county agency, the	13961
following are not public records for purposes of section 149.43 of	13962
the Revised Code:	13963

(A) Names and other identifying information regarding	13964
children enrolled in or attending a child day-care center or home	13965
subject to licensure~~, certification,~~ or registration under Chapter	13966
5104. of the Revised Code;	13967

(B) Names and other identifying information regarding	13968
children placed with an institution or association certified under	13969
section 5103.03 of the Revised Code;	13970

(C) Names and other identifying information regarding a	13971
person who makes an oral or written complaint regarding an	13972
institution, association, child day-care center, or home subject	13973
to licensure~~, certification,~~ or registration to the department or	13974
other state or county entity responsible for enforcing Chapter	13975
5103. or 5104. of the Revised Code;	13976

(D)(1) Except as otherwise provided in division (D)(2) of	13977
this section, names, documentation, and other identifying	13978
information regarding a foster caregiver or a prospective foster	13979
caregiver, including the foster caregiver application for	13980
certification under section 5103.03 of the Revised Code and the	13981
home study conducted pursuant to section 5103.0324 of the Revised	13982
Code.	13983

(2) Notwithstanding division (D)(1) of this section, the	13984
following are public records for the purposes of section 149.43 of	13985
the Revised Code, when contained in a record held by the	13986
department of job and family services, a county agency, or other	13987
governmental entity:	13988

(a) All of the following information regarding a currently	13989
certified foster caregiver who has had a foster care certificate	13990
revoked pursuant to Chapter 5103. of the Revised Code or, after	13991
receiving a current or current renewed certificate has been	13992
convicted of, pleaded guilty to, or indicted or otherwise charged	13993
with any offense described in division (C)(1) of section 2151.86	13994
of the Revised Code:	13995

(i) The foster caregiver's name, date of birth, and county of	13996
residence;	13997

(ii) The date of the foster caregiver's certification;

13998

(iii) The date of each placement of a foster child into the	13999
foster caregiver's home;	14000

(iv) If applicable, the date of the removal of a foster child	14001
from the foster caregiver's home and the reason for the foster	14002
child's removal unless release of such information would be	14003
detrimental to the foster child or other children residing in the	14004
foster caregiver's home;	14005

(v) If applicable, the date of the foster care certificate	14006
revocation and all documents related to the revocation unless	14007
otherwise not a public record pursuant to section 149.43 of the	14008
Revised Code.	14009

(b) Nonidentifying foster care statistics including, but not	14010
limited to, the number of foster caregivers and foster care	14011
certificate revocations.	14012

Sec. 5103.03. (A) The director of job and family services	14013
shall adopt rules as necessary for the adequate and competent	14014
management of institutions or associations. The director shall	14015
ensure that foster care home study rules adopted under this	14016
section align any home study content, time period, and process	14017
with any home study content, time period, and process required by	14018
rules adopted under section 3107.033 of the Revised Code.	14019

(B)(1) Except for facilities under the control of the	14020
department of youth services, places of detention for children	14021
established and maintained pursuant to sections 2152.41 to 2152.44	14022
of the Revised Code, and child day-care centers subject to Chapter	14023
5104. of the Revised Code, the department of job and family	14024
services every two years shall pass upon the fitness of every	14025
institution and association that receives, or desires to receive	14026
and care for children, or places children in private homes.	14027

(2) When the department of job and family services is	14028
satisfied as to the care given such children, and that the	14029
requirements of the statutes and rules covering the management of	14030
such institutions and associations are being complied with, it	14031
shall issue to the institution or association a certificate to	14032
that effect. A certificate is valid for two years, unless sooner	14033
revoked by the department. When determining whether an institution	14034
or association meets a particular requirement for certification,	14035
the department may consider the institution or association to have	14036
met the requirement if the institution or association shows to the	14037
department's satisfaction that it has met a comparable requirement	14038
to be accredited by a nationally recognized accreditation	14039
organization.	14040

(3) The department may issue a temporary certificate valid	14041
for less than one year authorizing an institution or association	14042
to operate until minimum requirements have been met.	14043

(4) An institution or association that knowingly makes a	14044
false statement that is included as a part of certification under	14045
this section is guilty of the offense of falsification under	14046
section 2921.13 of the Revised Code and the department shall not	14047
certify that institution or association.	14048

(5) The department shall not issue a certificate to a	14049
prospective foster home or prospective specialized foster home	14050
pursuant to this section if the prospective foster home or	14051
prospective specialized foster home operates as a type A family	14052
day-care home pursuant to Chapter 5104. of the Revised Code. The	14053
department shall not issue a certificate to a prospective	14054
specialized foster home if the prospective specialized foster home	14055
operates a type B family day-care home pursuant to Chapter 5104.	14056
of the Revised Code.	14057

(C) The department may revoke a certificate if it finds that	14058
the institution or association is in violation of law or rule. No	14059
juvenile court shall commit a child to an association or	14060
institution that is required to be certified under this section if	14061
its certificate has been revoked or, if after revocation, the date	14062
of reissue is less than fifteen months prior to the proposed	14063
commitment.	14064

(D) Every two years, on a date specified by the department,	14065
each institution or association desiring certification or	14066
recertification shall submit to the department a report showing	14067
its condition, management, competency to care adequately for the	14068
children who have been or may be committed to it or to whom it	14069
provides care or services, the system of visitation it employs for	14070
children placed in private homes, and other information the	14071
department requires:.	14072

(E) The department shall, not less than once each year, send	14073
a list of certified institutions and associations to each juvenile	14074
court and certified association or institution.	14075

(F) No person shall receive children or receive or solicit	14076
money on behalf of such an institution or association not so	14077
certified or whose certificate has been revoked.	14078

(G)(1) The director may delegate by rule any duties imposed	14079
on it by this section to inspect and approve family foster homes	14080
and specialized foster homes to public children services agencies,	14081
private child placing agencies, or private noncustodial agencies.	14082

(2) The director shall adopt rules that require a foster	14083
caregiver or other individual certified to operate a foster home	14084
under this section to notify the recommending agency that the	14085
foster caregiver or other individual is ~~certified~~licensed to	14086
operate a type B family day-care home under Chapter 5104. of the	14087
Revised Code.	14088

(H) If the director of job and family services determines	14089
that an institution or association that cares for children is	14090
operating without a certificate, the director may petition the	14091
court of common pleas in the county in which the institution or	14092
association is located for an order enjoining its operation. The	14093
court shall grant injunctive relief upon a showing that the	14094
institution or association is operating without a certificate.	14095

(I) If both of the following are the case, the director of	14096
job and family services may petition the court of common pleas of	14097
any county in which an institution or association that holds a	14098
certificate under this section operates for an order, and the	14099
court may issue an order, preventing the institution or	14100
association from receiving additional children into its care or an	14101
order removing children from its care:	14102

(1) The department has evidence that the life, health, or	14103
safety of one or more children in the care of the institution or	14104
association is at imminent risk.	14105

(2) The department has issued a proposed adjudication order	14106
pursuant to Chapter 119. of the Revised Code to deny renewal of or	14107
revoke the certificate of the institution or association.	14108

Sec. 5104.01. As used in this chapter:

14109

(A) "Administrator" means the person responsible for the	14110
daily operation of a center or, type A home, or type B home. The	14111
administrator and the owner may be the same person.	14112

(B) "Approved child day camp" means a child day camp approved	14113
pursuant to section 5104.22 of the Revised Code.	14114

(C) ~~"Authorized provider" means a person authorized by a~~	14115
~~county director of job and family services to operate a certified~~	14116
~~type B family day-care home.~~	14117

~~(D)~~ "Border state child care provider" means a child care	14118
provider that is located in a state bordering Ohio and that is	14119
licensed, certified, or otherwise approved by that state to	14120
provide child care.	14121

~~(E)~~(D) "Career pathways model" means an alternative pathway	14122
to meeting the requirements to be a child-care staff member or	14123
administrator that does both of the following:	14124

(1) Uses a framework approved by the director of job and	14125
family services to document formal education, training,	14126
experience, and specialized credentials and certifications;	14127

(2) Allows the child-care staff member or administrator to	14128
achieve a designation as an early childhood professional level	14129
one, two, three, four, five, or six.	14130

~~(F)~~(E) "Caretaker parent" means the father or mother of a	14131
child whose presence in the home is needed as the caretaker of the	14132
child, a person who has legal custody of a child and whose	14133
presence in the home is needed as the caretaker of the child, a	14134
guardian of a child whose presence in the home is needed as the	14135
caretaker of the child, and any other person who stands in loco	14136
parentis with respect to the child and whose presence in the home	14137
is needed as the caretaker of the child.	14138

~~(G) "Certified type B family day-care home" and "certified~~	14139
~~type B home" mean a type B family day-care home that is certified~~	14140
~~by the director of the county department of job and family~~	14141
~~services pursuant to section 5104.11 of the Revised Code to~~	14142
~~receive public funds for providing child care pursuant to this~~	14143
~~chapter and any rules adopted under it.~~	14144

~~(H)~~(F) "Chartered nonpublic school" means a school that meets	14145
standards for nonpublic schools prescribed by the state board of	14146
education for nonpublic schools pursuant to section 3301.07 of the	14147
Revised Code.	14148

~~(I)~~(G) "Child" includes an infant, toddler, preschool-age	14149
child, or school-age child.	14150

~~(J)~~(H) "Child care block grant act" means the "Child Care and	14151
Development Block Grant Act of 1990," established in section 5082	14152
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	14153
1388-236 (1990), 42 U.S.C. 9858, as amended.	14154

~~(K)~~(I) "Child day camp" means a program in which only	14155
school-age children attend or participate, that operates for no	14156
more than seven hours per day, that operates only during one or	14157
more public school district's regular vacation periods or for no	14158
more than fifteen weeks during the summer, and that operates	14159
outdoor activities for each child who attends or participates in	14160
the program for a minimum of fifty per cent of each day that	14161
children attend or participate in the program, except for any day	14162
when hazardous weather conditions prevent the program from	14163
operating outdoor activities for a minimum of fifty per cent of	14164
that day. For purposes of this division, the maximum seven hours	14165
of operation time does not include transportation time from a	14166
child's home to a child day camp and from a child day camp to a	14167
child's home.	14168

~~(L)~~(J) "Child care" means administering to the needs of	14169
infants, toddlers, preschool-age children, and school-age children	14170
outside of school hours by persons other than their parents or	14171
guardians, custodians, or relatives by blood, marriage, or	14172
adoption for any part of the twenty-four-hour day in a place or	14173
residence other than a child's own home.	14174

~~(M)~~(K) "Child day-care center" and "center" mean any place in	14175
which child care or publicly funded child care is provided for	14176
thirteen or more children at one time or any place that is not the	14177
permanent residence of the licensee or administrator in which	14178
child care or publicly funded child care is provided for seven to	14179
twelve children at one time. In counting children for the purposes	14180
of this division, any children under six years of age who are	14181
related to a licensee, administrator, or employee and who are on	14182
the premises of the center shall be counted. "Child day-care	14183
center" and "center" do not include any of the following:	14184

(1) A place located in and operated by a hospital, as defined	14185
in section 3727.01 of the Revised Code, in which the needs of	14186
children are administered to, if all the children whose needs are	14187
being administered to are monitored under the on-site supervision	14188
of a physician licensed under Chapter 4731. of the Revised Code or	14189
a registered nurse licensed under Chapter 4723. of the Revised	14190
Code, and the services are provided only for children who, in the	14191
opinion of the child's parent, guardian, or custodian, are	14192
exhibiting symptoms of a communicable disease or other illness or	14193
are injured;	14194

(2) A child day camp;

14195

(3) A place that provides child care, but not publicly funded	14196
child care, if all of the following apply:	14197

(a) An organized religious body provides the child care;

14198

(b) A parent, custodian, or guardian of at least one child	14199
receiving child care is on the premises and readily accessible at	14200
all times;	14201

(c) The child care is not provided for more than thirty days	14202
a year;	14203

(d) The child care is provided only for preschool-age and	14204
school-age children.	14205

~~(N)~~(L) "Child care resource and referral service	14206
organization" means a community-based nonprofit organization that	14207
provides child care resource and referral services but not child	14208
care.	14209

~~(O)~~(M) "Child care resource and referral services" means all	14210
of the following services:	14211

(1) Maintenance of a uniform data base of all child care	14212
providers in the community that are in compliance with this	14213
chapter, including current occupancy and vacancy data;	14214

(2) Provision of individualized consumer education to	14215
families seeking child care;	14216

(3) Provision of timely referrals of available child care	14217
providers to families seeking child care;	14218

(4) Recruitment of child care providers;

14219

(5) Assistance in the development, conduct, and dissemination	14220
of training for child care providers and provision of technical	14221
assistance to current and potential child care providers,	14222
employers, and the community;	14223

(6) Collection and analysis of data on the supply of and	14224
demand for child care in the community;	14225

(7) Technical assistance concerning locally, state, and	14226
federally funded child care and early childhood education	14227
programs;	14228

(8) Stimulation of employer involvement in making child care	14229
more affordable, more available, safer, and of higher quality for	14230
their employees and for the community;	14231

(9) Provision of written educational materials to caretaker	14232
parents and informational resources to child care providers;	14233

(10) Coordination of services among child care resource and	14234
referral service organizations to assist in developing and	14235
maintaining a statewide system of child care resource and referral	14236
services if required by the department of job and family services;	14237

(11) Cooperation with the county department of job and family	14238
services in encouraging the establishment of parent cooperative	14239
child care centers and parent cooperative type A family day-care	14240
homes.	14241

~~(P)~~(N) "Child-care staff member" means an employee of a child	14242
day-care center or type A family day-care home who is primarily	14243
responsible for the care and supervision of children. The	14244
administrator may be a part-time child-care staff member when not	14245
involved in other duties.	14246

~~(Q)~~(O) "Drop-in child day-care center," "drop-in center,"	14247
"drop-in type A family day-care home," and "drop-in type A home"	14248
mean a center or type A home that provides child care or publicly	14249
funded child care for children on a temporary, irregular basis.	14250

~~(R)~~(P) "Employee" means a person who either:

14251

(1) Receives compensation for duties performed in a child	14252
day-care center or type A family day-care home;	14253

(2) Is assigned specific working hours or duties in a child	14254
day-care center or type A family day-care home.	14255

~~(S)~~(Q) "Employer" means a person, firm, institution,	14256
organization, or agency that operates a child day-care center or	14257
type A family day-care home subject to licensure under this	14258
chapter.	14259

~~(T)~~(R) "Federal poverty line" means the official poverty	14260
guideline as revised annually in accordance with section 673(2) of	14261
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	14262
U.S.C. 9902, as amended, for a family size equal to the size of	14263
the family of the person whose income is being determined.	14264

~~(U)~~(S) "Head start program" means a comprehensive child	14265
development program that receives funds distributed under the	14266
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	14267
amended, and is licensed as a child day-care center.	14268

~~(V)~~(T) "Income" means gross income, as defined in section	14269
5107.10 of the Revised Code, less any amounts required by federal	14270
statutes or regulations to be disregarded.	14271

~~(W)~~(U) "Indicator checklist" means an inspection tool, used	14272
in conjunction with an instrument-based program monitoring	14273
information system, that contains selected licensing requirements	14274
that are statistically reliable indicators or predictors of a	14275
child day-care ~~center or~~center's type A family day-care home's,	14276
or licensed type B family day-care home's compliance with	14277
licensing requirements.	14278

~~(X)~~(V) "Infant" means a child who is less than eighteen	14279
months of age.	14280

~~(Y)~~(W) "In-home aide" means a person who does not reside with	14281
the child but provides care in the child's home and is certified	14282
by a county director of job and family services pursuant to	14283
section 5104.12 of the Revised Code to provide publicly funded	14284
child care to a child in a child's own home pursuant to this	14285
chapter and any rules adopted under it.	14286

~~(Z)~~(X) "Instrument-based program monitoring information	14287
system" means a method to assess compliance with licensing	14288
requirements for child day-care centers ~~and~~, type A family	14289
day-care homes, and licensed type B family day-care homes in which	14290
each licensing requirement is assigned a weight indicative of the	14291
relative importance of the requirement to the health, growth, and	14292
safety of the children that is used to develop an indicator	14293
checklist.	14294

~~(AA)~~(Y) "License capacity" means the maximum number in each	14295
age category of children who may be cared for in a child day-care	14296
center or type A family day-care home at one time as determined by	14297
the director of job and family services considering building	14298
occupancy limits established by the department of commerce, amount	14299
of available indoor floor space and outdoor play space, and amount	14300
of available play equipment, materials, and supplies. For the	14301
purposes of a provisional license issued under this chapter, the	14302
director shall also consider the number of available child-care	14303
staff members when determining "license capacity" for the	14304
provisional license.	14305

~~(BB)~~(Z) "Licensed child care program" means any of the	14306
following:	14307

(1) A child day-care center licensed by the department of job	14308
and family services pursuant to this chapter;	14309

(2) A type A family day-care home or type B family day-care	14310
home licensed by the department of job and family services	14311
pursuant to this chapter;	14312

(3) ~~A type B family day-care home certified by a county~~	14313
~~department of job and family services pursuant to this chapter;~~	14314

~~(4)~~ A licensed preschool program or licensed school child	14315
program.	14316

~~(CC)~~(AA) "Licensed preschool program" or "licensed school	14317
child program" means a preschool program or school child program,	14318
as defined in section 3301.52 of the Revised Code, that is	14319
licensed by the department of education pursuant to sections	14320
3301.52 to 3301.59 of the Revised Code.	14321

~~(DD)~~(BB) "Licensed type B family day-care home" and "licensed	14322
type B home" mean a type B family day-care home for which there is	14323
a valid license issued by the director of job and family services	14324
pursuant to section 5104.03 of the Revised Code.	14325

(CC) "Licensee" means the owner of a child day-care center	14326
or, type A family day-care home, or type B family day-care home	14327
that is licensed pursuant to this chapter and who is responsible	14328
for ensuring its compliance with this chapter and rules adopted	14329
pursuant to this chapter.	14330

~~(EE)~~(DD) "Operate a child day camp" means to operate,	14331
establish, manage, conduct, or maintain a child day camp.	14332

~~(FF)~~(EE) "Owner" includes a person, as defined in section	14333
1.59 of the Revised Code, or government entity.	14334

~~(GG)~~(FF) "Parent cooperative child day-care center," "parent	14335
cooperative center," "parent cooperative type A family day-care	14336
home," and "parent cooperative type A home" mean a corporation or	14337
association organized for providing educational services to the	14338
children of members of the corporation or association, without	14339
gain to the corporation or association as an entity, in which the	14340
services of the corporation or association are provided only to	14341
children of the members of the corporation or association,	14342
ownership and control of the corporation or association rests	14343
solely with the members of the corporation or association, and at	14344
least one parent-member of the corporation or association is on	14345
the premises of the center or type A home during its hours of	14346
operation.	14347

~~(HH)~~(GG) "Part-time child day-care center," "part-time	14348
center," "part-time type A family day-care home," and "part-time	14349
type A home" mean a center or type A home that provides child care	14350
or publicly funded child care for no more than four hours a day	14351
for any child.	14352

~~(II)~~(HH) "Place of worship" means a building where activities	14353
of an organized religious group are conducted and includes the	14354
grounds and any other buildings on the grounds used for such	14355
activities.	14356

~~(JJ)~~(II) "Preschool-age child" means a child who is three	14357
years old or older but is not a school-age child.	14358

~~(KK)~~(JJ) "Protective child care" means publicly funded child	14359
care for the direct care and protection of a child to whom either	14360
of the following applies:	14361

(1) A case plan prepared and maintained for the child	14362
pursuant to section 2151.412 of the Revised Code indicates a need	14363
for protective care and the child resides with a parent,	14364
stepparent, guardian, or another person who stands in loco	14365
parentis as defined in rules adopted under section 5104.38 of the	14366
Revised Code;	14367

(2) The child and the child's caretaker either temporarily	14368
reside in a facility providing emergency shelter for homeless	14369
families or are determined by the county department of job and	14370
family services to be homeless, and are otherwise ineligible for	14371
publicly funded child care.	14372

~~(LL)~~(KK) "Publicly funded child care" means administering to	14373
the needs of infants, toddlers, preschool-age children, and	14374
school-age children under age thirteen during any part of the	14375
twenty-four-hour day by persons other than their caretaker parents	14376
for remuneration wholly or in part with federal or state funds,	14377
including funds available under the child care block grant act,	14378
Title IV-A, and Title XX, distributed by the department of job and	14379
family services.	14380

~~(MM)~~(LL) "Religious activities" means any of the following:	14381
worship or other religious services; religious instruction; Sunday	14382
school classes or other religious classes conducted during or	14383
prior to worship or other religious services; youth or adult	14384
fellowship activities; choir or other musical group practices or	14385
programs; meals; festivals; or meetings conducted by an organized	14386
religious group.	14387

~~(NN)~~(MM) "School-age child" means a child who is enrolled in	14388
or is eligible to be enrolled in a grade of kindergarten or above	14389
but is less than fifteen years old.	14390

~~(OO)~~(NN) "School-age child care center" and "school-age child	14391
type A home" mean a center or type A home that provides child care	14392
for school-age children only and that does either or both of the	14393
following:	14394

(1) Operates only during that part of the day that	14395
immediately precedes or follows the public school day of the	14396
school district in which the center or type A home is located;	14397

(2) Operates only when the public schools in the school	14398
district in which the center or type A home is located are not	14399
open for instruction with pupils in attendance.	14400

~~(PP)~~(OO) "Serious risk noncompliance" means a licensure or	14401
certification rule violation that leads to a great risk of harm	14402
to, or death of, a child, and is observable, not inferable.	14403

~~(QQ)~~(PP) "State median income" means the state median income	14404
calculated by the department of development pursuant to division	14405
(A)(1)(g) of section 5709.61 of the Revised Code.	14406

~~(RR)~~(QQ) "Title IV-A" means Title IV-A of the "Social	14407
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	14408

~~(SS)~~(RR) "Title XX" means Title XX of the "Social Security	14409
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	14410

~~(TT)~~(SS) "Toddler" means a child who is at least eighteen	14411
months of age but less than three years of age.	14412

~~(UU)~~(TT) "Type A family day-care home" and "type A home" mean	14413
a permanent residence of the administrator in which child care or	14414
publicly funded child care is provided for seven to twelve	14415
children at one time or a permanent residence of the administrator	14416
in which child care is provided for four to twelve children at one	14417
time if four or more children at one time are under two years of	14418
age. In counting children for the purposes of this division, any	14419
children under six years of age who are related to a licensee,	14420
administrator, or employee and who are on the premises of the type	14421
A home shall be counted. "Type A family day-care home" and "type A	14422
home" do not include any child day camp.	14423

~~(VV)~~(UU) "Type B family day-care home" and "type B home" mean	14424
a permanent residence of the provider in which child care is	14425
provided for one to six children at one time and in which no more	14426
than three children are under two years of age at one time. In	14427
counting children for the purposes of this division, any children	14428
under six years of age who are related to the provider and who are	14429
on the premises of the type B home shall be counted. "Type B	14430
family day-care home" and "type B home" do not include any child	14431
day camp.	14432

Sec. 5104.012. (A)(1) At the times specified in this	14433
division, the administrator of a child day-care center or a type A	14434
family day-care home shall request the superintendent of the	14435
bureau of criminal identification and investigation to conduct a	14436
criminal records check with respect to any applicant who has	14437
applied to the center or type A home for employment as a person	14438
responsible for the care, custody, or control of a child.	14439

The administrator shall request a criminal records check	14440
pursuant to this division at the time of the applicant's initial	14441
application for employment and every four years thereafter. When	14442
the administrator requests pursuant to this division a criminal	14443
records check for an applicant at the time of the applicant's	14444
initial application for employment, the administrator shall	14445
request that the superintendent obtain information from the	14446
federal bureau of investigation as a part of the criminal records	14447
check for the applicant, including fingerprint-based checks of	14448
national crime information databases as described in 42 U.S.C.	14449
671, for the person subject to the criminal records check. In all	14450
other cases in which the administrator requests a criminal records	14451
check for an applicant pursuant to this division, the	14452
administrator may request that the superintendent include	14453
information from the federal bureau of investigation in the	14454
criminal records check, including fingerprint-based checks of	14455
national crime information databases as described in 42 U.S.C.	14456
671.	14457

(2) A person required by division (A)(1) of this section to	14458
request a criminal records check shall provide to each applicant a	14459
copy of the form prescribed pursuant to division (C)(1) of section	14460
109.572 of the Revised Code, provide to each applicant a standard	14461
impression sheet to obtain fingerprint impressions prescribed	14462
pursuant to division (C)(2) of section 109.572 of the Revised	14463
Code, obtain the completed form and impression sheet from each	14464
applicant, and forward the completed form and impression sheet to	14465
the superintendent of the bureau of criminal identification and	14466
investigation at the time the person requests a criminal records	14467
check pursuant to division (A)(1) of this section. On and after	14468
August 14, 2008, the administrator of a child day-care center or a	14469
type A family day-care home shall review the results of the	14470
criminal records check before the applicant has sole	14471
responsibility for the care, custody, or control of any child.	14472

(3) An applicant who receives pursuant to division (A)(2) of	14473
this section a copy of the form prescribed pursuant to division	14474
(C)(1) of section 109.572 of the Revised Code and a copy of an	14475
impression sheet prescribed pursuant to division (C)(2) of that	14476
section and who is requested to complete the form and provide a	14477
set of fingerprint impressions shall complete the form or provide	14478
all the information necessary to complete the form and shall	14479
provide the impression sheet with the impressions of the	14480
applicant's fingerprints. If an applicant, upon request, fails to	14481
provide the information necessary to complete the form or fails to	14482
provide impressions of the applicant's fingerprints, the center or	14483
type A home shall not employ that applicant for any position for	14484
which a criminal records check is required by division (A)(1) of	14485
this section.	14486

(B)(1) Except as provided in rules adopted under division (E)	14487
of this section, no child day-care center or type A family	14488
day-care home shall employ or contract with another entity for the	14489
services of a person as a person responsible for the care,	14490
custody, or control of a child if the person previously has been	14491
convicted of or pleaded guilty to any of the violations described	14492
in division (A)(9) of section 109.572 of the Revised Code.	14493

(2) A child day-care center or type A family day-care home	14494
may employ an applicant conditionally until the criminal records	14495
check required by this section is completed and the center or home	14496
receives the results of the criminal records check. If the results	14497
of the criminal records check indicate that, pursuant to division	14498
(B)(1) of this section, the applicant does not qualify for	14499
employment, the center or home shall release the applicant from	14500
employment.	14501

(C)(1) Each child day-care center and type A family day-care	14502
home shall pay to the bureau of criminal identification and	14503
investigation the fee prescribed pursuant to division (C)(3) of	14504
section 109.572 of the Revised Code for each criminal records	14505
check conducted in accordance with that section upon the request	14506
pursuant to division (A)(1) of this section of the administrator	14507
or provider of the center or home.	14508

(2) A child day-care center and type A family day-care home	14509
may charge an applicant a fee for the costs it incurs in obtaining	14510
a criminal records check under this section. A fee charged under	14511
this division shall not exceed the amount of fees the center or	14512
home pays under division (C)(1) of this section. If a fee is	14513
charged under this division, the center or home shall notify the	14514
applicant at the time of the applicant's initial application for	14515
employment of the amount of the fee and that, unless the fee is	14516
paid, the center or type A home will not consider the applicant	14517
for employment.	14518

(D) The report of any criminal records check conducted by the	14519
bureau of criminal identification and investigation in accordance	14520
with section 109.572 of the Revised Code and pursuant to a request	14521
under division (A)(1) of this section is not a public record for	14522
the purposes of section 149.43 of the Revised Code and shall not	14523
be made available to any person other than the applicant who is	14524
the subject of the criminal records check or the applicant's	14525
representative; the center or type A home requesting the criminal	14526
records check or its representative; the department of job and	14527
family services or a county department of job and family services;	14528
and any court, hearing officer, or other necessary individual	14529
involved in a case dealing with the denial of employment to the	14530
applicant.	14531

(E) The director of job and family services shall adopt rules	14532
pursuant to Chapter 119. of the Revised Code to implement this	14533
section, including rules specifying circumstances under which a	14534
center or home may hire a person who has been convicted of an	14535
offense listed in division (B)(1) of this section but who meets	14536
standards in regard to rehabilitation set by the department.	14537

(F) Any person required by division (A)(1) of this section to	14538
request a criminal records check shall inform each person, at the	14539
time of the person's initial application for employment, that the	14540
person is required to provide a set of impressions of the person's	14541
fingerprints and that a criminal records check is required to be	14542
conducted and satisfactorily completed in accordance with section	14543
109.572 of the Revised Code if the person comes under final	14544
consideration for appointment or employment as a precondition to	14545
employment for that position.	14546

(G) As used in this section:

14547

(1) "Applicant" means a person who is under final	14548
consideration for appointment to or employment in a position with	14549
a child day-care center or a type A family day-care home as a	14550
person responsible for the care, custody, or control of a child;	14551
~~an in-home aide certified pursuant to section 5104.12 of the~~	14552
~~Revised Code;~~ or any person who would serve in any position with a	14553
child day-care center or a type A family day-care home as a person	14554
responsible for the care, custody, or control of a child pursuant	14555
to a contract with another entity.	14556

(2) "Criminal records check" has the same meaning as in	14557
section 109.572 of the Revised Code.	14558

Sec. 5104.013. (A)(1) At the times specified in division	14559
(A)(3) of this section, the director of job and family services,	14560
as part of the process of licensure of child day-care centers ~~and~~,	14561
type A family day-care homes, and licensed type B family day-care	14562
homes shall request the superintendent of the bureau of criminal	14563
identification and investigation to conduct a criminal records	14564
check with respect to the following persons:	14565

(a) Any owner, licensee, or administrator of a child day-care	14566
center;	14567

(b) Any owner, licensee, or administrator of a type A family	14568
day-care home and any person eighteen years of age or older who	14569
resides in a type A family day-care home.;	14570

~~(2) At the times specified in division (A)(3) of this~~	14571
~~section, the director of a county department of job and family~~	14572
~~services, as part of the process of certification of type B family~~	14573
~~day-care homes, shall request the superintendent of the bureau of~~	14574
~~criminal identification and investigation to conduct a criminal~~	14575
~~records check with respect to any authorized provider~~(c) Any	14576
administrator of a ~~certified~~licensed type B family day-care home	14577
and any person eighteen years of age or older who resides in a	14578
~~certified~~licensed type B family day-care home.	14579

(2) At the time specified in division (A)(3) of this section,	14580
the director of a county department of job and family services, as	14581
part of the process of certification of in-home aides, shall	14582
request the superintendent of the bureau of criminal	14583
identification and investigation to conduct a criminal records	14584
check with respect to any in-home aide.	14585

(3) The director of job and family services shall request a	14586
criminal records check pursuant to division (A)(1) of this section	14587
at the time of the initial application for licensure and every	14588
four years thereafter. The director of a county department of job	14589
and family services shall request a criminal records check	14590
pursuant to division (A)(2) of this section at the time of the	14591
initial application for certification and every four years	14592
thereafter ~~at the time of a certification renewal~~. When the	14593
director of job and family services or the director of a county	14594
department of job and family services requests pursuant to	14595
division (A)(1) or (2) of this section a criminal records check	14596
for a person at the time of the person's initial application for	14597
licensure or certification, the director shall request that the	14598
superintendent of the bureau of criminal identification and	14599
investigation obtain information from the federal bureau of	14600
investigation as a part of the criminal records check for the	14601
person, including fingerprint-based checks of national crime	14602
information databases as described in 42 U.S.C. 671 for the person	14603
subject to the criminal records check. In all other cases in which	14604
the director of job and family services or the director of a	14605
county department of job and family services requests a criminal	14606
records check for an applicant pursuant to division (A)(1) or (2)	14607
of this section, the director may request that the superintendent	14608
include information from the federal bureau of investigation in	14609
the criminal records check, including fingerprint-based checks of	14610
national crime information databases as described in 42 U.S.C.	14611
671.	14612

(4) The director of job and family services shall review the	14613
results of a criminal records check subsequent to a request made	14614
pursuant to divisions (A)(1) and (3) of this section prior to	14615
approval of a license. The director of a county department of job	14616
and family services shall review the results of a criminal records	14617
check subsequent to a request made pursuant to divisions (A)(2)	14618
and (3) of this section prior to approval of certification.	14619

(B) The director of job and family services or the director	14620
of a county department of job and family services shall provide to	14621
each person for whom a criminal records check is required under	14622
this section a copy of the form prescribed pursuant to division	14623
(C)(1) of section 109.572 of the Revised Code and a standard	14624
impression sheet to obtain fingerprint impressions prescribed	14625
pursuant to division (C)(2) of that section, obtain the completed	14626
form and impression sheet from that person, and forward the	14627
completed form and impression sheet to the superintendent of the	14628
bureau of criminal identification and investigation.	14629

(C) A person who receives pursuant to division (B) of this	14630
section a copy of the form and standard impression sheet described	14631
in that division and who is requested to complete the form and	14632
provide a set of fingerprint impressions shall complete the form	14633
or provide all the information necessary to complete the form and	14634
shall provide the impression sheet with the impressions of the	14635
person's fingerprints. If the person, upon request, fails to	14636
provide the information necessary to complete the form or fails to	14637
provide impressions of the person's fingerprints, the director may	14638
consider the failure as a reason to deny licensure or	14639
certification.	14640

(D) Except as provided in rules adopted under division (G) of	14641
this section, the director of job and family services shall not	14642
grant a license to a child day-care center or, type A family	14643
day-care home ~~and a county director of job and family services~~	14644
~~shall not certify a~~, or type B family day-care home and a county	14645
director of job and family services shall not certify an in-home	14646
aide if a person for whom a criminal records check was required in	14647
connection with the center or home previously has been convicted	14648
of or pleaded guilty to any of the violations described in	14649
division (A)(9) of section 109.572 of the Revised Code.	14650

(E) Each child day-care center, type A family day-care home,	14651
and type B family day-care home shall pay to the bureau of	14652
criminal identification and investigation the fee prescribed	14653
pursuant to division (C)(3) of section 109.572 of the Revised Code	14654
for each criminal records check conducted in accordance with that	14655
section upon a request made pursuant to division (A) of this	14656
section.	14657

(F) The report of any criminal records check conducted by the	14658
bureau of criminal identification and investigation in accordance	14659
with section 109.572 of the Revised Code and pursuant to a request	14660
made under division (A) of this section is not a public record for	14661
the purposes of section 149.43 of the Revised Code and shall not	14662
be made available to any person other than the person who is the	14663
subject of the criminal records check or the person's	14664
representative, the director of job and family services, the	14665
director of a county department of job and family services, the	14666
center, type A home, or type B home involved, and any court,	14667
hearing officer, or other necessary individual involved in a case	14668
dealing with a denial of licensure or certification related to the	14669
criminal records check.	14670

(G) The director of job and family services shall adopt rules	14671
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	14672
implement this section, including rules specifying exceptions to	14673
the prohibition in division (D) of this section for persons who	14674
have been convicted of an offense listed in that division but who	14675
meet standards in regard to rehabilitation set by the ~~department~~	14676
director.	14677

(H) As used in this section, "criminal records check" has the	14678
same meaning as in section 109.572 of the Revised Code.	14679

~~Sec. 5104.011.~~ Sec. 5104.015. ~~(A)~~ The director of job and family	14680
services shall adopt rules ~~pursuant to~~in accordance with Chapter	14681
119. of the Revised Code governing the operation of child day-care	14682
centers, including~~, but not limited to,~~ parent cooperative	14683
centers, part-time centers, drop-in centers, and school-age child	14684
care centers~~, which~~. The rules shall reflect the various forms of	14685
child care and the needs of children receiving child care or	14686
publicly funded child care and shall include specific rules for	14687
school-age child care centers that are developed in consultation	14688
with the department of education. The rules shall not require an	14689
existing school facility that is in compliance with applicable	14690
building codes to undergo an additional building code inspection	14691
or to have structural modifications. The rules shall include the	14692
following:	14693

~~(1)~~(A) Submission of a site plan and descriptive plan of	14694
operation to demonstrate how the center proposes to meet the	14695
requirements of this chapter and rules adopted pursuant to this	14696
chapter for the initial license application;	14697

~~(2)~~(B) Standards for ensuring that the physical surroundings	14698
of the center are safe and sanitary including~~, but not limited to,~~	14699
the physical environment, the physical plant, and the equipment of	14700
the center;	14701

~~(3)~~(C) Standards for the supervision, care, and discipline of	14702
children receiving child care or publicly funded child care in the	14703
center;	14704

~~(4)~~(D) Standards for a program of activities, and for play	14705
equipment, materials, and supplies, to enhance the development of	14706
each child; however, any educational curricula, philosophies, and	14707
methodologies that are developmentally appropriate and that	14708
enhance the social, emotional, intellectual, and physical	14709
development of each child shall be permissible. As used in this	14710
division, "program" does not include instruction in religious or	14711
moral doctrines, beliefs, or values that is conducted at child	14712
day-care centers owned and operated by churches and does include	14713
methods of disciplining children at child day-care centers.	14714

~~(5)~~(E) Admissions policies and procedures, health care	14715
policies and procedures, including~~, but not limited to,~~ procedures	14716
for the isolation of children with communicable diseases, first	14717
aid and emergency procedures, procedures for discipline and	14718
supervision of children, standards for the provision of nutritious	14719
meals and snacks, and procedures for screening children and	14720
employees, that may include any necessary physical examinations	14721
and immunizations;	14722

~~(6)~~(F) Methods for encouraging parental participation in the	14723
center and methods for ensuring that the rights of children,	14724
parents, and employees are protected and that responsibilities of	14725
parents and employees are met;	14726

~~(7)~~(G) Procedures for ensuring the safety and adequate	14727
supervision of children traveling off the premises of the center	14728
while under the care of a center employee;	14729

~~(8)~~(H) Procedures for record keeping, organization, and	14730
administration;	14731

~~(9)~~(I) Procedures for issuing, denying, and revoking a	14732
license that are not otherwise provided for in Chapter 119. of the	14733
Revised Code;	14734

~~(10)~~(J) Inspection procedures;

14735

~~(11)~~(K) Procedures and standards for setting initial license	14736
application fees;	14737

~~(12)~~(L) Procedures for receiving, recording, and responding	14738
to complaints about centers;	14739

~~(13)~~(M) Procedures for enforcing section 5104.04 of the	14740
Revised Code;	14741

~~(14)~~(N) A standard requiring the inclusion~~, on and after July~~	14742
~~1, 1987,~~ of a current department of job and family services	14743
toll-free telephone number on each center provisional license or	14744
license which any person may use to report a suspected violation	14745
by the center of this chapter or rules adopted pursuant to this	14746
chapter;	14747

~~(15)~~(O) Requirements for the training of administrators and	14748
child-care staff members in first aid, in prevention, recognition,	14749
and management of communicable diseases, and in child abuse	14750
recognition and prevention. Training requirements for child	14751
day-care centers adopted under this division shall be consistent	14752
with ~~divisions (B)(6) and (C)(1) of this section~~sections 5104.034	14753
and 5104.037 of the Revised Code.	14754

~~(16)~~(P) Standards providing for the special needs of children	14755
who are handicapped or who require treatment for health conditions	14756
while the child is receiving child care or publicly funded child	14757
care in the center;	14758

~~(17)~~(Q) A procedure for reporting of injuries of children	14759
that occur at the center;	14760

~~(18)~~(R) Standards for licensing child day-care centers for	14761
children with short-term illnesses and other temporary medical	14762
conditions;	14763

(S) Any other procedures and standards necessary to carry out	14764
the provisions of this chapter regarding child day-care centers.	14765

~~(B)(1) The child day-care center shall have, for each child~~	14766
~~for whom the center is licensed, at least thirty-five square feet~~	14767
~~of usable indoor floor space wall-to-wall regularly available for~~	14768
~~the child care operation exclusive of any parts of the structure~~	14769
~~in which the care of children is prohibited by law or by rules~~	14770
~~adopted by the board of building standards. The minimum of~~	14771
~~thirty-five square feet of usable indoor floor space shall not~~	14772
~~include hallways, kitchens, storage areas, or any other areas that~~	14773
~~are not available for the care of children, as determined by the~~	14774
~~director, in meeting the space requirement of this division, and~~	14775
~~bathrooms shall be counted in determining square footage only if~~	14776
~~they are used exclusively by children enrolled in the center,~~	14777
~~except that the exclusion of hallways, kitchens, storage areas,~~	14778
~~bathrooms not used exclusively by children enrolled in the center,~~	14779
~~and any other areas not available for the care of children from~~	14780
~~the minimum of thirty-five square feet of usable indoor floor~~	14781
~~space shall not apply to:~~	14782

~~(a) Centers licensed prior to or on September 1, 1986, that~~	14783
~~continue under licensure after that date;~~	14784

~~(b) Centers licensed prior to or on September 1, 1986, that~~	14785
~~are issued a new license after that date solely due to a change of~~	14786
~~ownership of the center.~~	14787

~~(2) The child day-care center shall have on the site a safe~~	14788
~~outdoor play space which is enclosed by a fence or otherwise~~	14789
~~protected from traffic or other hazards. The play space shall~~	14790
~~contain not less than sixty square feet per child using such space~~	14791
~~at any one time, and shall provide an opportunity for supervised~~	14792
~~outdoor play each day in suitable weather. The director may exempt~~	14793
~~a center from the requirement of this division, if an outdoor play~~	14794
~~space is not available and if all of the following are met:~~	14795

~~(a) The center provides an indoor recreation area that has~~	14796
~~not less than sixty square feet per child using the space at any~~	14797
~~one time, that has a minimum of one thousand four hundred forty~~	14798
~~square feet of space, and that is separate from the indoor space~~	14799
~~required under division (B)(1) of this section.~~	14800

~~(b) The director has determined that there is regularly~~	14801
~~available and scheduled for use a conveniently accessible and safe~~	14802
~~park, playground, or similar outdoor play area for play or~~	14803
~~recreation.~~	14804

~~(c) The children are closely supervised during play and while~~	14805
~~traveling to and from the area.~~	14806

~~The director also shall exempt from the requirement of this~~	14807
~~division a child day-care center that was licensed prior to~~	14808
~~September 1, 1986, if the center received approval from the~~	14809
~~director prior to September 1, 1986, to use a park, playground, or~~	14810
~~similar area, not connected with the center, for play or~~	14811
~~recreation in lieu of the outdoor space requirements of this~~	14812
~~section and if the children are closely supervised both during~~	14813
~~play and while traveling to and from the area and except if the~~	14814
~~director determines upon investigation and inspection pursuant to~~	14815
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	14816
~~that section that the park, playground, or similar area, as well~~	14817
~~as access to and from the area, is unsafe for the children.~~	14818

~~(3) The child day-care center shall have at least two~~	14819
~~responsible adults available on the premises at all times when~~	14820
~~seven or more children are in the center. The center shall~~	14821
~~organize the children in the center in small groups, shall provide~~	14822
~~child-care staff to give continuity of care and supervision to the~~	14823
~~children on a day-by-day basis, and shall ensure that no child is~~	14824
~~left alone or unsupervised. Except as otherwise provided in~~	14825
~~division (E) of this section, the maximum number of children per~~	14826
~~child-care staff member and maximum group size, by age category of~~	14827
~~children, are as follows:~~	14828

	~~Maximum Number of~~		14829
	~~Children Per~~	~~Maximum~~	14830
~~Age Category~~	~~Child-Care~~	~~Group~~	14831
~~of Children~~	~~Staff Member~~	~~Size~~	14832
~~(a) Infants:~~			14833
~~(i) Less than twelve~~			14834
~~months old~~	~~5:1, or~~		14835
	~~12:2 if two~~		14836
	~~child-care~~		14837
	~~staff members~~		14838
	~~are in the room~~	12	14839
~~(ii) At least twelve~~			14840
~~months old, but~~			14841
~~less than eighteen~~			14842
~~months old~~	~~6:1~~	12	14843
~~(b) Toddlers:~~			14844
~~(i) At least eighteen~~			14845
~~months old, but~~			14846
~~less than thirty~~			14847
~~months old~~	~~7:1~~	14	14848
~~(ii) At least thirty months~~			14849
~~old, but less than~~			14850
~~three years old~~	~~8:1~~	16	14851
~~(c) Preschool~~			14852
~~children:~~			14853
~~(i) Three years old~~	~~12:1~~	24	14854
~~(ii) Four years old and~~			14855
~~five years old who~~			14856
~~are not school~~			14857
~~children~~	~~14:1~~	28	14858
~~(d) School children:~~			14859
~~(i) A child who is~~			14860
~~enrolled in or is~~			14861
~~eligible to be~~			14862
~~enrolled in a grade~~			14863
~~of kindergarten~~			14864
~~or above, but~~			14865
~~is less than~~			14866
~~eleven years old~~	~~18:1~~	36	14867
~~(ii) Eleven through fourteen~~			14868
~~years old~~	~~20:1~~	40	14869

~~Except as otherwise provided in division (E) of this section,~~	14870
~~the maximum number of children per child-care staff member and~~	14871
~~maximum group size requirements of the younger age group shall~~	14872
~~apply when age groups are combined.~~	14873

~~(C)(1) Each child day-care center shall have on the center~~	14874
~~premises and readily available at all times at least one~~	14875
~~child-care staff member who has completed a course in first aid,~~	14876
~~one staff member who has completed a course in prevention,~~	14877
~~recognition, and management of communicable diseases which is~~	14878
~~approved by the state department of health, and a staff member who~~	14879
~~has completed a course in child abuse recognition and prevention~~	14880
~~training which is approved by the department of job and family~~	14881
~~services.~~	14882

~~(2) The administrator of each child day-care center shall~~	14883
~~maintain enrollment, health, and attendance records for all~~	14884
~~children attending the center and health and employment records~~	14885
~~for all center employees. The records shall be confidential,~~	14886
~~except that they shall be disclosed by the administrator to the~~	14887
~~director upon request for the purpose of administering and~~	14888
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	14889
~~Neither the center nor the licensee, administrator, or employees~~	14890
~~of the center shall be civilly or criminally liable in damages or~~	14891
~~otherwise for records disclosed to the director by the~~	14892
~~administrator pursuant to this division. It shall be a defense to~~	14893
~~any civil or criminal charge based upon records disclosed by the~~	14894
~~administrator to the director that the records were disclosed~~	14895
~~pursuant to this division.~~	14896

~~(3)(a) Any parent who is the residential parent and legal~~	14897
~~custodian of a child enrolled in a child day-care center and any~~	14898
~~custodian or guardian of such a child shall be permitted unlimited~~	14899
~~access to the center during its hours of operation for the~~	14900
~~purposes of contacting their children, evaluating the care~~	14901
~~provided by the center, evaluating the premises of the center, or~~	14902
~~for other purposes approved by the director. A parent of a child~~	14903
~~enrolled in a child day-care center who is not the child's~~	14904
~~residential parent shall be permitted unlimited access to the~~	14905
~~center during its hours of operation for those purposes under the~~	14906
~~same terms and conditions under which the residential parent of~~	14907
~~that child is permitted access to the center for those purposes.~~	14908
~~However, the access of the parent who is not the residential~~	14909
~~parent is subject to any agreement between the parents and, to the~~	14910
~~extent described in division (C)(3)(b) of this section, is subject~~	14911
~~to any terms and conditions limiting the right of access of the~~	14912
~~parent who is not the residential parent, as described in division~~	14913
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	14914
~~a parenting time order or decree issued under that section,~~	14915
~~section 3109.12 of the Revised Code, or any other provision of the~~	14916
~~Revised Code.~~	14917

~~(b) If a parent who is the residential parent of a child has~~	14918
~~presented the administrator or the administrator's designee with a~~	14919
~~copy of a parenting time order that limits the terms and~~	14920
~~conditions under which the parent who is not the residential~~	14921
~~parent is to have access to the center, as described in division~~	14922
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	14923
~~the residential parent shall be provided access to the center only~~	14924
~~to the extent authorized in the order. If the residential parent~~	14925
~~has presented such an order, the parent who is not the residential~~	14926
~~parent shall be permitted access to the center only in accordance~~	14927
~~with the most recent order that has been presented to the~~	14928
~~administrator or the administrator's designee by the residential~~	14929
~~parent or the parent who is not the residential parent.~~	14930

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	14931
~~or (b) of this section, the parent who is the residential parent~~	14932
~~and legal custodian, the parent who is not the residential parent,~~	14933
~~or the custodian or guardian shall notify the administrator or the~~	14934
~~administrator's designee of the parent's, custodian's, or~~	14935
~~guardian's presence.~~	14936

~~(D) The director of job and family services, in addition to~~	14937
~~the rules adopted under division (A) of this section, shall adopt~~	14938
~~rules establishing minimum requirements for child day-care~~	14939
~~centers. The rules shall include, but not be limited to, the~~	14940
~~requirements set forth in divisions (B) and (C) of this section~~	14941
~~and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.~~	14942
~~Except as provided in section 5104.07 of the Revised Code, the~~	14943
~~rules shall not change the square footage requirements of division~~	14944
~~(B)(1) or (2) of this section; the maximum number of children per~~	14945
~~child-care staff member and maximum group size requirements of~~	14946
~~division (B)(3) of this section; the educational and experience~~	14947
~~requirements of section 5104.031 of the Revised Code; the age,~~	14948
~~educational, and experience requirements of section 5104.032 of~~	14949
~~the Revised Code; the number and type of inservice training hours~~	14950
~~required under section 5104.033 of the Revised Code; however, the~~	14951
~~rules shall provide procedures for determining compliance with~~	14952
~~those requirements.~~	14953

~~(E)(1) When age groups are combined, the maximum number of~~	14954
~~children per child-care staff member shall be determined by the~~	14955
~~age of the youngest child in the group, except that when no more~~	14956
~~than one child thirty months of age or older receives services in~~	14957
~~a group in which all the other children are in the next older age~~	14958
~~group, the maximum number of children per child-care staff member~~	14959
~~and maximum group size requirements of the older age group~~	14960
~~established under division (B)(3) of this section shall apply.~~	14961

~~(2) The maximum number of toddlers or preschool children per~~	14962
~~child-care staff member in a room where children are napping shall~~	14963
~~be twice the maximum number of children per child-care staff~~	14964
~~member established under division (B)(3) of this section if all~~	14965
~~the following criteria are met:~~	14966

~~(a) At least one child-care staff member is present in the~~	14967
~~room.~~	14968

~~(b) Sufficient child-care staff members are on the child~~	14969
~~day-care center premises to meet the maximum number of children~~	14970
~~per child-care staff member requirements established under~~	14971
~~division (B)(3) of this section.~~	14972

~~(c) Naptime preparations are complete and all napping~~	14973
~~children are resting or sleeping on cots.~~	14974

~~(d) The maximum number established under division (E)(2) of~~	14975
~~this section is in effect for no more than two hours during a~~	14976
~~twenty-four-hour day.~~	14977

~~(F) The director of job and family services shall adopt rules~~	14978
~~pursuant to Chapter 119. of the Revised Code governing the~~	14979
~~operation of type A family day-care homes, including, but not~~	14980
~~limited to, parent cooperative type A homes, part-time type A~~	14981
~~homes, drop-in type A homes, and school child type A homes, which~~	14982
~~shall reflect the various forms of child care and the needs of~~	14983
~~children receiving child care. The rules shall include the~~	14984
~~following:~~	14985

~~(1) Submission of a site plan and descriptive plan of~~	14986
~~operation to demonstrate how the type A home proposes to meet the~~	14987
~~requirements of this chapter and rules adopted pursuant to this~~	14988
~~chapter for the initial license application;~~	14989

~~(2) Standards for ensuring that the physical surroundings of~~	14990
~~the type A home are safe and sanitary, including, but not limited~~	14991
~~to, the physical environment, the physical plant, and the~~	14992
~~equipment of the type A home;~~	14993

~~(3) Standards for the supervision, care, and discipline of~~	14994
~~children receiving child care or publicly funded child care in the~~	14995
~~type A home;~~	14996

~~(4) Standards for a program of activities, and for play~~	14997
~~equipment, materials, and supplies, to enhance the development of~~	14998
~~each child; however, any educational curricula, philosophies, and~~	14999
~~methodologies that are developmentally appropriate and that~~	15000
~~enhance the social, emotional, intellectual, and physical~~	15001
~~development of each child shall be permissible;~~	15002

~~(5) Admissions policies and procedures, health care policies~~	15003
~~and procedures, including, but not limited to, procedures for the~~	15004
~~isolation of children with communicable diseases, first aid and~~	15005
~~emergency procedures, procedures for discipline and supervision of~~	15006
~~children, standards for the provision of nutritious meals and~~	15007
~~snacks, and procedures for screening children and employees,~~	15008
~~including, but not limited to, any necessary physical examinations~~	15009
~~and immunizations;~~	15010

~~(6) Methods for encouraging parental participation in the~~	15011
~~type A home and methods for ensuring that the rights of children,~~	15012
~~parents, and employees are protected and that the responsibilities~~	15013
~~of parents and employees are met;~~	15014

~~(7) Procedures for ensuring the safety and adequate~~	15015
~~supervision of children traveling off the premises of the type A~~	15016
~~home while under the care of a type A home employee;~~	15017

~~(8) Procedures for record keeping, organization, and~~	15018
~~administration;~~	15019

~~(9) Procedures for issuing, denying, and revoking a license~~	15020
~~that are not otherwise provided for in Chapter 119. of the Revised~~	15021
~~Code;~~	15022

~~(10) Inspection procedures;~~

15023

~~(11) Procedures and standards for setting initial license~~	15024
~~application fees;~~	15025

~~(12) Procedures for receiving, recording, and responding to~~	15026
~~complaints about type A homes;~~	15027

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	15028
~~Code;~~	15029

~~(14) A standard requiring the inclusion, on or after July 1,~~	15030
~~1987, of a current department of job and family services toll-free~~	15031
~~telephone number on each type A home provisional license or~~	15032
~~license which any person may use to report a suspected violation~~	15033
~~by the type A home of this chapter or rules adopted pursuant to~~	15034
~~this chapter;~~	15035

~~(15) Requirements for the training of administrators and~~	15036
~~child-care staff members in first aid, in prevention, recognition,~~	15037
~~and management of communicable diseases, and in child abuse~~	15038
~~recognition and prevention;~~	15039

~~(16) Standards providing for the special needs of children~~	15040
~~who are handicapped or who require treatment for health conditions~~	15041
~~while the child is receiving child care or publicly funded child~~	15042
~~care in the type A home;~~	15043

~~(17) Standards for the maximum number of children per~~	15044
~~child-care staff member;~~	15045

~~(18) Requirements for the amount of usable indoor floor space~~	15046
~~for each child;~~	15047

~~(19) Requirements for safe outdoor play space;~~

15048

~~(20) Qualifications and training requirements for~~	15049
~~administrators and for child-care staff members;~~	15050

~~(21) Procedures for granting a parent who is the residential~~	15051
~~parent and legal custodian, or a custodian or guardian access to~~	15052
~~the type A home during its hours of operation;~~	15053

~~(22) Standards for the preparation and distribution of a~~	15054
~~roster of parents, custodians, and guardians;~~	15055

~~(23) Any other procedures and standards necessary to carry~~	15056
~~out this chapter.~~	15057

~~(G) The director of job and family services shall adopt rules~~	15058
~~pursuant to Chapter 119. of the Revised Code governing the~~	15059
~~certification of type B family day-care homes.~~	15060

~~(1) The rules shall include all of the following:~~

15061

~~(a) Procedures, standards, and other necessary provisions for~~	15062
~~granting limited certification to type B family day-care homes~~	15063
~~that are operated by the following adult providers:~~	15064

~~(i) Persons who provide child care for eligible children who~~	15065
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	15066
~~siblings of the provider or for eligible children whose caretaker~~	15067
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	15068
~~provider;~~	15069

~~(ii) Persons who provide child care for eligible children all~~	15070
~~of whom are the children of the same caretaker parent;~~	15071

~~(b) Procedures for the director to ensure, that type B homes~~	15072
~~that receive a limited certification provide child care to~~	15073
~~children in a safe and sanitary manner;~~	15074

~~(c) Requirements for the type B home to notify parents with~~	15075
~~children in the type B home that the type B home is also certified~~	15076
~~as a foster home under section 5103.03 of the Revised Code.~~	15077

~~With regard to providers who apply for limited certification,~~	15078
~~a provider shall be granted a provisional limited certification on~~	15079
~~signing a declaration under oath attesting that the provider meets~~	15080
~~the standards for limited certification. Such provisional limited~~	15081
~~certifications shall remain in effect for no more than sixty~~	15082
~~calendar days and shall entitle the provider to offer publicly~~	15083
~~funded child care during the provisional period. Except as~~	15084
~~otherwise provided in division (G)(1) of this section, section~~	15085
~~5104.013 or 5104.09 of the Revised Code, or division (A)(2) of~~	15086
~~section 5104.11 of the Revised Code, prior to the expiration of~~	15087
~~the provisional limited certificate, a county department of job~~	15088
~~and family services shall inspect the home and shall grant limited~~	15089
~~certification to the provider if the provider meets the~~	15090
~~requirements of this division. Limited certificates remain valid~~	15091
~~for two years unless earlier revoked. Except as otherwise provided~~	15092
~~in division (G)(1) of this section, providers operating under~~	15093
~~limited certification shall be inspected annually.~~	15094

~~If a provider is a person described in division (G)(1)(a)(i)~~	15095
~~of this section or a person described in division (G)(1)(a)(ii) of~~	15096
~~this section who is a friend of the caretaker parent, the provider~~	15097
~~and the caretaker parent may verify in writing to the county~~	15098
~~department of job and family services that minimum health and~~	15099
~~safety requirements are being met in the home. Except as otherwise~~	15100
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	15101
~~section 5104.11 of the Revised Code, if such verification is~~	15102
~~provided, the county shall waive any inspection required by this~~	15103
~~chapter and grant limited certification to the provider.~~	15104

~~(2) The rules shall provide for safeguarding the health,~~	15105
~~safety, and welfare of children receiving child care or publicly~~	15106
~~funded child care in a certified type B home and shall include the~~	15107
~~following:~~	15108

~~(a) Standards for ensuring that the type B home and the~~	15109
~~physical surroundings of the type B home are safe and sanitary,~~	15110
~~including, but not limited to, physical environment, physical~~	15111
~~plant, and equipment;~~	15112

~~(b) Standards for the supervision, care, and discipline of~~	15113
~~children receiving child care or publicly funded child care in the~~	15114
~~home;~~	15115

~~(c) Standards for a program of activities, and for play~~	15116
~~equipment, materials, and supplies to enhance the development of~~	15117
~~each child; however, any educational curricula, philosophies, and~~	15118
~~methodologies that are developmentally appropriate and that~~	15119
~~enhance the social, emotional, intellectual, and physical~~	15120
~~development of each child shall be permissible;~~	15121

~~(d) Admission policies and procedures, health care, first aid~~	15122
~~and emergency procedures, procedures for the care of sick~~	15123
~~children, procedures for discipline and supervision of children,~~	15124
~~nutritional standards, and procedures for screening children and~~	15125
~~authorized providers, including, but not limited to, any necessary~~	15126
~~physical examinations and immunizations;~~	15127

~~(e) Methods of encouraging parental participation and~~	15128
~~ensuring that the rights of children, parents, and authorized~~	15129
~~providers are protected and the responsibilities of parents and~~	15130
~~authorized providers are met;~~	15131

~~(f) Standards for the safe transport of children when under~~	15132
~~the care of authorized providers;~~	15133

~~(g) Procedures for issuing, renewing, denying, refusing to~~	15134
~~renew, or revoking certificates;~~	15135

~~(h) Procedures for the inspection of type B homes that~~	15136
~~require, at a minimum, that each type B home be inspected prior to~~	15137
~~certification to ensure that the home is safe and sanitary;~~	15138

~~(i) Procedures for record keeping and evaluation;~~

15139

~~(j) Procedures for receiving, recording, and responding to~~	15140
~~complaints;~~	15141

~~(k) Standards providing for the special needs of children who~~	15142
~~are handicapped or who receive treatment for health conditions~~	15143
~~while the child is receiving child care or publicly funded child~~	15144
~~care in the type B home;~~	15145

~~(l) Requirements for the amount of usable indoor floor space~~	15146
~~for each child;~~	15147

~~(m) Requirements for safe outdoor play space;~~

15148

~~(n) Qualification and training requirements for authorized~~	15149
~~providers;~~	15150

~~(o) Procedures for granting a parent who is the residential~~	15151
~~parent and legal custodian, or a custodian or guardian access to~~	15152
~~the type B home during its hours of operation;~~	15153

~~(p) Requirements for the type B home to notify parents with~~	15154
~~children in the type B home that the type B home is also certified~~	15155
~~as a foster home under section 5103.03 of the Revised Code;~~	15156

~~(q) Any other procedures and standards necessary to carry out~~	15157
~~this chapter.~~	15158

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	15159
~~of the Revised Code governing the certification of in-home aides.~~	15160
~~The rules shall include procedures, standards, and other necessary~~	15161
~~provisions for granting limited certification to in-home aides who~~	15162
~~provide child care for eligible children who are~~	15163
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	15164
~~of the in-home aide or for eligible children whose caretaker~~	15165
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	15166
~~in-home aide. The rules shall require, and shall include~~	15167
~~procedures for the director to ensure, that in-home aides that~~	15168
~~receive a limited certification provide child care to children in~~	15169
~~a safe and sanitary manner. The rules shall provide for~~	15170
~~safeguarding the health, safety, and welfare of children receiving~~	15171
~~publicly funded child care in their own home and shall include the~~	15172
~~following:~~	15173

~~(1) Standards for ensuring that the child's home and the~~	15174
~~physical surroundings of the child's home are safe and sanitary,~~	15175
~~including, but not limited to, physical environment, physical~~	15176
~~plant, and equipment;~~	15177

~~(2) Standards for the supervision, care, and discipline of~~	15178
~~children receiving publicly funded child care in their own home;~~	15179

~~(3) Standards for a program of activities, and for play~~	15180
~~equipment, materials, and supplies to enhance the development of~~	15181
~~each child; however, any educational curricula, philosophies, and~~	15182
~~methodologies that are developmentally appropriate and that~~	15183
~~enhance the social, emotional, intellectual, and physical~~	15184
~~development of each child shall be permissible;~~	15185

~~(4) Health care, first aid, and emergency procedures,~~	15186
~~procedures for the care of sick children, procedures for~~	15187
~~discipline and supervision of children, nutritional standards, and~~	15188
~~procedures for screening children and in-home aides, including,~~	15189
~~but not limited to, any necessary physical examinations and~~	15190
~~immunizations;~~	15191

~~(5) Methods of encouraging parental participation and~~	15192
~~ensuring that the rights of children, parents, and in-home aides~~	15193
~~are protected and the responsibilities of parents and in-home~~	15194
~~aides are met;~~	15195

~~(6) Standards for the safe transport of children when under~~	15196
~~the care of in-home aides;~~	15197

~~(7) Procedures for issuing, renewing, denying, refusing to~~	15198
~~renew, or revoking certificates;~~	15199

~~(8) Procedures for inspection of homes of children receiving~~	15200
~~publicly funded child care in their own homes;~~	15201

~~(9) Procedures for record keeping and evaluation;~~

15202

~~(10) Procedures for receiving, recording, and responding to~~	15203
~~complaints;~~	15204

~~(11) Qualifications and training requirements for in-home~~	15205
~~aides;~~	15206

~~(12) Standards providing for the special needs of children~~	15207
~~who are handicapped or who receive treatment for health conditions~~	15208
~~while the child is receiving publicly funded child care in the~~	15209
~~child's own home;~~	15210

~~(13) Any other procedures and standards necessary to carry~~	15211
~~out this chapter.~~	15212

~~(I) To the extent that any rules adopted for the purposes of~~	15213
~~this section require a health care professional to perform a~~	15214
~~physical examination, the rules shall include as a health care~~	15215
~~professional a physician assistant, a clinical nurse specialist, a~~	15216
~~certified nurse practitioner, or a certified nurse-midwife.~~	15217

~~(J)(1) The director of job and family services shall do all~~	15218
~~of the following:~~	15219

~~(a) Provide or make available in either paper or electronic~~	15220
~~form to each licensee notice of proposed rules governing the~~	15221
~~licensure of child day-care centers and type A homes;~~	15222

~~(b) Give public notice of hearings regarding the rules to~~	15223
~~each licensee at least thirty days prior to the date of the public~~	15224
~~hearing, in accordance with section 119.03 of the Revised Code;~~	15225

~~(c) At least thirty days before the effective date of a rule,~~	15226
~~provide, in either paper or electronic form, a copy of the adopted~~	15227
~~rule to each licensee.~~	15228

~~(2) The director shall do all of the following:~~

15229

~~(a) Send to each county director of job and family services a~~	15230
~~notice of proposed rules governing the certification of type B~~	15231
~~family homes and in-home aides that includes an internet web site~~	15232
~~address where the proposed rules can be viewed;~~	15233

~~(b) Give public notice of hearings regarding the proposed~~	15234
~~rules not less than thirty days in advance;~~	15235

~~(c) Provide to each county director of job and family~~	15236
~~services an electronic copy of each adopted rule at least~~	15237
~~forty-five days prior to the rule's effective date.~~	15238

~~(3) The county director of job and family services shall~~	15239
~~provide or make available in either paper or electronic form to~~	15240
~~each authorized provider and in-home aide copies of proposed rules~~	15241
~~and shall give public notice of hearings regarding the rules to~~	15242
~~each authorized provider and in-home aide at least thirty days~~	15243
~~prior to the date of the public hearing, in accordance with~~	15244
~~section 119.03 of the Revised Code. At least thirty days before~~	15245
~~the effective date of a rule, the county director of job and~~	15246
~~family services shall provide, in either paper or electronic form,~~	15247
~~copies of the adopted rule to each authorized provider and in-home~~	15248
~~aide.~~	15249

~~(4) Additional copies of proposed and adopted rules shall be~~	15250
~~made available by the director of job and family services to the~~	15251
~~public on request at no charge.~~	15252

~~(5) The director of job and family services may adopt rules~~	15253
~~pursuant to Chapter 119. of the Revised Code for imposing~~	15254
~~sanctions on persons and entities that are licensed or certified~~	15255
~~under this chapter. Sanctions may be imposed only for an action or~~	15256
~~omission that constitutes a serious risk noncompliance. The~~	15257
~~sanctions imposed shall be based on the scope and severity of the~~	15258
~~violations.~~	15259

~~The director shall make a dispute resolution process~~	15260
~~available for the implementation of sanctions. The process may~~	15261
~~include an opportunity for appeal pursuant to Chapter 119. of the~~	15262
~~Revised Code.~~	15263

~~(6) The director of job and family services shall adopt rules~~	15264
~~pursuant to Chapter 119. of the Revised Code that establish~~	15265
~~standards for the training of individuals whom any county~~	15266
~~department of job and family services employs, with whom any~~	15267
~~county department of job and family services contracts, or with~~	15268
~~whom the director of job and family services contracts, to inspect~~	15269
~~or investigate type B family day-care homes pursuant to section~~	15270
~~5104.11 of the Revised Code. The department shall provide training~~	15271
~~in accordance with those standards for individuals in the~~	15272
~~categories described in this division.~~	15273

~~(K) The director of job and family services shall review all~~	15274
~~rules adopted pursuant to this chapter at least once every seven~~	15275
~~years.~~	15276

~~(L) Notwithstanding any provision of the Revised Code, the~~	15277
~~director of job and family services shall not regulate in any way~~	15278
~~under this chapter or rules adopted pursuant to this chapter,~~	15279
~~instruction in religious or moral doctrines, beliefs, or values.~~	15280

Sec. 5104.016. The director of job and family services, in	15281
addition to the rules adopted under section 5104.015 of the	15282
Revised Code, shall adopt rules establishing minimum requirements	15283
for child day-care centers. The rules shall include the	15284
requirements set forth in sections 5104.032 to 5104.037 of the	15285
Revised Code. Except as provided in section 5104.07 of the Revised	15286
Code, the rules shall not change the square footage requirements	15287
of section 5104.032 of the Revised Code; the maximum number of	15288
children per child-care staff member and maximum group size	15289
requirements of section 5104.033 of the Revised Code; the	15290
educational and experience requirements of section 5104.035 of the	15291
Revised Code; the age, educational, and experience requirements of	15292
section 5104.036 of the Revised Code; the number and type of	15293
inservice training hours required under section 5104.037 of the	15294
Revised Code; however, the rules shall provide procedures for	15295
determining compliance with those requirements.	15296

Sec. 5104.017. The director of job and family services shall	15297
adopt rules pursuant to Chapter 119. of the Revised Code governing	15298
the operation of type A family day-care homes, including parent	15299
cooperative type A homes, part-time type A homes, drop-in type A	15300
homes, and school-age child type A homes. The rules shall reflect	15301
the various forms of child care and the needs of children	15302
receiving child care. The rules shall include the following:	15303

(A) Submission of a site plan and descriptive plan of	15304
operation to demonstrate how the type A home proposes to meet the	15305
requirements of this chapter and rules adopted pursuant to this	15306
chapter for the initial license application;	15307

(B) Standards for ensuring that the physical surroundings of	15308
the type A home are safe and sanitary, including the physical	15309
environment, the physical plant, and the equipment of the type A	15310
home;	15311

(C) Standards for the supervision, care, and discipline of	15312
children receiving child care or publicly funded child care in the	15313
type A home;	15314

(D) Standards for a program of activities, and for play	15315
equipment, materials, and supplies, to enhance the development of	15316
each child; however, any educational curricula, philosophies, and	15317
methodologies that are developmentally appropriate and that	15318
enhance the social, emotional, intellectual, and physical	15319
development of each child shall be permissible;	15320

(E) Admissions policies and procedures, health care policies	15321
and procedures, including procedures for the isolation of children	15322
with communicable diseases, first aid and emergency procedures,	15323
procedures for discipline and supervision of children, standards	15324
for the provision of nutritious meals and snacks, and procedures	15325
for screening children and employees, including any necessary	15326
physical examinations and immunizations;	15327

(F) Methods for encouraging parental participation in the	15328
type A home and methods for ensuring that the rights of children,	15329
parents, and employees are protected and that the responsibilities	15330
of parents and employees are met;	15331

(G) Procedures for ensuring the safety and adequate	15332
supervision of children traveling off the premises of the type A	15333
home while under the care of a type A home employee;	15334

(H) Procedures for record keeping, organization, and	15335
administration;	15336

(I) Procedures for issuing, denying, and revoking a license	15337
that are not otherwise provided for in Chapter 119. of the Revised	15338
Code;	15339

(J) Inspection procedures;

15340

(K) Procedures and standards for setting initial license	15341
application fees;	15342

(L) Procedures for receiving, recording, and responding to	15343
complaints about type A homes;	15344

(M) Procedures for enforcing section 5104.04 of the Revised	15345
Code;	15346

(N) A standard requiring the inclusion of a current	15347
department of job and family services toll-free telephone number	15348
on each type A home license that any person may use to report a	15349
suspected violation by the type A home of this chapter or rules	15350
adopted pursuant to this chapter;	15351

(O) Requirements for the training of administrators and	15352
child-care staff members in first aid, in prevention, recognition,	15353
and management of communicable diseases, and in child abuse	15354
recognition and prevention;	15355

(P) Standards providing for the special needs of children who	15356
are handicapped or who require treatment for health conditions	15357
while the child is receiving child care or publicly funded child	15358
care in the type A home;	15359

(Q) Standards for the maximum number of children per	15360
child-care staff member;	15361

(R) Requirements for the amount of usable indoor floor space	15362
for each child;	15363

(S) Requirements for safe outdoor play space;

15364

(T) Qualifications and training requirements for	15365
administrators and for child-care staff members;	15366

(U) Procedures for granting a parent who is the residential	15367
parent and legal custodian, or a custodian or guardian access to	15368
the type A home during its hours of operation;	15369

(V) Standards for the preparation and distribution of a	15370
roster of parents, custodians, and guardians;	15371

(W) Any other procedures and standards necessary to carry out	15372
the provisions of this chapter regarding type A homes.	15373

Sec. 5104.018. The director of job and family services shall	15374
adopt rules in accordance with Chapter 119. of the Revised Code	15375
governing the licensure of type B family day-care homes. The rules	15376
shall provide for safeguarding the health, safety, and welfare of	15377
children receiving child care or publicly funded child care in a	15378
licensed type B family day-care home and shall include all of the	15379
following:	15380

(A) Requirements for the type B home to notify parents with	15381
children in the type B home that the type B home is certified as a	15382
foster home under section 5103.03 of the Revised Code.	15383

(B) Standards for ensuring that the type B home and the	15384
physical surroundings of the type B home are safe and sanitary,	15385
including physical environment, physical plant, and equipment;	15386

(C) Standards for the supervision, care, and discipline of	15387
children receiving child care or publicly funded child care in the	15388
home;	15389

(D) Standards for a program of activities, and for play	15390
equipment, materials, and supplies to enhance the development of	15391
each child; however, any educational curricula, philosophies, and	15392
methodologies that are developmentally appropriate and that	15393
enhance the social, emotional, intellectual, and physical	15394
development of each child shall be permissible;	15395

(E) Admission policies and procedures, health care, first aid	15396
and emergency procedures, procedures for the care of sick	15397
children, procedures for discipline and supervision of children,	15398
nutritional standards, and procedures for screening children and	15399
administrators, including any necessary physical examinations and	15400
immunizations;	15401

(F) Methods of encouraging parental participation and	15402
ensuring that the rights of children, parents, and administrators	15403
are protected and the responsibilities of parents and	15404
administrators are met;	15405

(G) Standards for the safe transport of children when under	15406
the care of administrators;	15407

(H) Procedures for issuing, denying, or revoking licenses;

15408

(I) Procedures for the inspection of type B homes that	15409
require, at a minimum, that each type B home be inspected prior to	15410
licensure to ensure that the home is safe and sanitary;	15411

(J) Procedures for record keeping and evaluation;

15412

(K) Procedures for receiving, recording, and responding to	15413
complaints;	15414

(L) Standards providing for the special needs of children who	15415
are handicapped or who receive treatment for health conditions	15416
while the child is receiving child care or publicly funded child	15417
care in the type B home;	15418

(M) Requirements for the amount of usable indoor floor space	15419
for each child;	15420

(N) Requirements for safe outdoor play space;

15421

(O) Qualification and training requirements for	15422
administrators;	15423

(P) Procedures for granting a parent who is the residential	15424
parent and legal custodian, or a custodian or guardian access to	15425
the type B home during its hours of operation;	15426

(Q) Requirements for the type B home to notify parents with	15427
children in the type B home that the type B home is certified as a	15428
foster home under section 5103.03 of the Revised Code;	15429

(R) Any other procedures and standards necessary to carry out	15430
the provisions of this chapter regarding licensure of type B	15431
homes.	15432

Sec. 5104.019. The director of job and family services shall	15433
adopt rules in accordance with Chapter 119. of the Revised Code	15434
governing the certification of in-home aides. The rules shall	15435
provide for safeguarding the health, safety, and welfare of	15436
children receiving publicly funded child care in their own home	15437
and shall include the following:	15438

(A) Standards for ensuring that the child's home and the	15439
physical surroundings of the child's home are safe and sanitary,	15440
including physical environment, physical plant, and equipment;	15441

(B) Standards for the supervision, care, and discipline of	15442
children receiving publicly funded child care in their own home;	15443

(C) Standards for a program of activities, and for play	15444
equipment, materials, and supplies to enhance the development of	15445
each child; however, any educational curricula, philosophies, and	15446
methodologies that are developmentally appropriate and that	15447
enhance the social, emotional, intellectual, and physical	15448
development of each child shall be permissible;	15449

(D) Health care, first aid, and emergency procedures,	15450
procedures for the care of sick children, procedures for	15451
discipline and supervision of children, nutritional standards, and	15452
procedures for screening children and in-home aides, including any	15453
necessary physical examinations and immunizations;	15454

(E) Methods of encouraging parental participation and	15455
ensuring that the rights of children, parents, and in-home aides	15456
are protected and the responsibilities of parents and in-home	15457
aides are met;	15458

(F) Standards for the safe transport of children when under	15459
the care of in-home aides;	15460

(G) Procedures for issuing, renewing, denying, refusing to	15461
renew, or revoking certificates;	15462

(H) Procedures for inspection of homes of children receiving	15463
publicly funded child care in their own homes;	15464

(I) Procedures for record keeping and evaluation;

15465

(J) Procedures for receiving, recording, and responding to	15466
complaints;	15467

(K) Qualifications and training requirements for in-home	15468
aides;	15469

(L) Standards providing for the special needs of children who	15470
are handicapped or who receive treatment for health conditions	15471
while the child is receiving publicly funded child care in the	15472
child's own home;	15473

(M) Any other procedures and standards necessary to carry out	15474
the provisions of this chapter regarding certification of in-home	15475
aides.	15476

Sec. 5104.0110. To the extent that any rules adopted for the	15477
purposes of this chapter require a health care professional to	15478
perform a physical examination, the rules shall include as a	15479
health care professional a physician assistant, a clinical nurse	15480
specialist, a certified nurse practitioner, or a certified	15481
nurse-midwife.	15482

Sec. 5104.0111. (A) The director of job and family services	15483
shall do all of the following:	15484

(1) Provide or make available in either paper or electronic	15485
form to each licensee notice of proposed rules governing the	15486
licensure of child day-care centers, type A homes, and type B	15487
homes;	15488

(2) Give public notice of hearings regarding the proposed	15489
rules at least thirty days prior to the date of the public	15490
hearing, in accordance with section 119.03 of the Revised Code;	15491

(3) At least thirty days before the effective date of a rule,	15492
provide, in either paper or electronic form, a copy of the adopted	15493
rule to each licensee;	15494

(4) Send to each county director of job and family services a	15495
notice of proposed rules governing the certification of in-home	15496
aides that includes an internet web site address where the	15497
proposed rules can be viewed;	15498

(5) Provide to each county director of job and family	15499
services an electronic copy of each adopted rule at least	15500
forty-five days prior to the rule's effective date;	15501

(6) Review all rules adopted pursuant to this chapter at	15502
least once every seven years.	15503

(B) The county director of job and family services shall	15504
provide or make available in either paper or electronic form to	15505
each in-home aide copies of proposed rules and shall give public	15506
notice of hearings regarding the rules to each in-home aide at	15507
least thirty days prior to the date of the public hearing, in	15508
accordance with section 119.03 of the Revised Code. At least	15509
thirty days before the effective date of a rule, the county	15510
director of job and family services shall provide, in either paper	15511
or electronic form, copies of the adopted rule to each in-home	15512
aide.	15513

(C) Additional copies of proposed and adopted rules shall be	15514
made available by the director of job and family services to the	15515
public on request at no charge.	15516

(D) The director of job and family services may adopt rules	15517
in accordance with Chapter 119. of the Revised Code for imposing	15518
sanctions on persons and entities that are licensed or certified	15519
under this chapter. Sanctions may be imposed only for an action or	15520
omission that constitutes a serious risk noncompliance. The	15521
sanctions imposed shall be based on the scope and severity of the	15522
violations.	15523

The director shall make a dispute resolution process	15524
available for the implementation of sanctions. The process may	15525
include an opportunity for appeal pursuant to Chapter 119. of the	15526
Revised Code.	15527

(E) The director of job and family services shall adopt rules	15528
in accordance with Chapter 119. of the Revised Code that establish	15529
standards for the training of individuals who inspect or	15530
investigate type B family day-care homes pursuant to section	15531
5104.03 of the Revised Code. The department shall provide training	15532
in accordance with those standards for individuals in the	15533
categories described in this division.	15534

Sec. 5104.0112. Notwithstanding any provision of the Revised	15535
Code, the director of job and family services shall not regulate	15536
in any way under this chapter or rules adopted pursuant to this	15537
chapter, instruction in religious or moral doctrines, beliefs, or	15538
values.	15539

Sec. 5104.022. ~~The department~~In no case shall the director	15540
of job and family services ~~shall not~~issue a license to operate a	15541
~~prospective~~ type A family day-care home if ~~that prospective~~	15542
~~family day-care~~the type A home is certified ~~to be~~as a foster	15543
home or specialized foster home pursuant to Chapter 5103. of the	15544
Revised Code. ~~A county department of job and family services~~In no	15545
case shall ~~not certify~~the director issue a license to operate a	15546
~~prospective~~ type B family day-care home if ~~that prospective family~~	15547
~~day-care~~the type B home is certified ~~to be~~as a specialized	15548
foster home pursuant to Chapter 5103. of the Revised Code.	15549

Sec. 5104.03. (A) Any person, firm, organization,	15550
institution, or agency ~~desiring~~seeking to establish a child	15551
day-care center or, type A family day-care home, or licensed type	15552
B family day-care home shall apply for a license to the director	15553
of job and family services on such form as the director	15554
prescribes. The director shall provide at no charge to each	15555
applicant for licensure a copy of the child care license	15556
requirements in this chapter and a copy of the rules adopted	15557
pursuant to this chapter. The copies may be provided in paper or	15558
electronic form.	15559

Fees shall be set by the director pursuant to ~~section~~	15560
~~5104.011~~sections 5104.015, 5104.017, and 5104.018 of the Revised	15561
Code and shall be paid at the time of application for a license to	15562
operate a center or, type A home, or type B home. Fees collected	15563
under this section shall be paid into the state treasury to the	15564
credit of the general revenue fund.	15565

(B)(1) Upon filing of the application for a license, the	15566
director shall investigate and inspect the center or, type A home,	15567
or type B home to determine the license capacity for each age	15568
category of children of the center or, type A home, or type B home	15569
and to determine whether the center or, type A home, or type B	15570
home complies with this chapter and rules adopted pursuant to this	15571
chapter. When, after investigation and inspection, the director is	15572
satisfied that this chapter and rules adopted pursuant to it are	15573
complied with, subject to division ~~(G)~~(H) of this section, a	15574
~~provisional~~ license shall be issued as soon as practicable in such	15575
form and manner as prescribed by the director. The license shall	15576
be designated as provisional ~~license~~and shall be valid for	15577
twelve months from the date of issuance unless revoked.	15578

(2) The director may contract with a government entity or a	15579
private nonprofit entity for the entity to inspect and license	15580
type B family day-care homes pursuant to this section. The	15581
department, government entity, or nonprofit entity shall conduct	15582
the inspection prior to the issuance of a license for the type B	15583
home and, as part of that inspection, ensure that the type B home	15584
is safe and sanitary.	15585

(C)(1) On receipt of an application for licensure as a type B	15586
family day-care home to provide publicly funded child care, the	15587
department shall search the uniform statewide automated child	15588
welfare information system for information concerning any abuse or	15589
neglect report made pursuant to section 2151.421 of the Revised	15590
Code of which the applicant, any other adult residing in the	15591
applicant's home, or a person designated by the applicant to be an	15592
emergency or substitute caregiver for the applicant is the	15593
subject.	15594

(2) The department shall consider any information it	15595
discovers pursuant to division (C)(1) of this section or that is	15596
provided by a public children services agency pursuant to section	15597
5153.175 of the Revised Code. If the department determines that	15598
the information, when viewed within the totality of the	15599
circumstances, reasonably leads to the conclusion that the	15600
applicant may directly or indirectly endanger the health, safety,	15601
or welfare of children, the department shall deny the application	15602
for licensure or revoke the license of a type B family day-care	15603
home.	15604

(D) The director shall investigate and inspect the center or,	15605
type A home, or type B home at least once during operation under	15606
~~the~~a license designated as provisional ~~license~~. If after the	15607
investigation and inspection the director determines that the	15608
requirements of this chapter and rules adopted pursuant to this	15609
chapter are met, subject to division ~~(G)~~(H) of this section, the	15610
director shall issue a new license to the center or home.	15611

~~(D) The~~(E) Each license ~~or provisional license~~ shall state	15612
the name of the licensee, the name of the administrator, the	15613
address of the center or, type A home, or licensed type B home,	15614
and the license capacity for each age category of children. The	15615
license ~~or provisional license~~ shall include thereon, in	15616
accordance with ~~section 5104.011~~sections 5104.015, 5104.017, and	15617
5104.018 of the Revised Code, the toll-free telephone number to be	15618
used by persons suspecting that the center or, type A home, or	15619
licensed type B home has violated a provision of this chapter or	15620
rules adopted pursuant to this chapter. A license ~~or provisional~~	15621
~~license~~ is valid only for the licensee, administrator, address,	15622
and license capacity for each age category of children designated	15623
on the license. The license capacity specified on the license or	15624
~~provisional license~~ is the maximum number of children in each age	15625
category that may be cared for in the center or, type A home, or	15626
licensed type B home at one time.	15627

The center or type A home licensee shall notify the director	15628
when the administrator of the center or home changes. The director	15629
shall amend the current license ~~or provisional license~~ to reflect	15630
a change in an administrator, if the administrator meets the	15631
requirements of ~~Chapter 5104. of the Revised Code~~this chapter and	15632
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	15633
chapter, or a change in license capacity for any age category of	15634
children as determined by the director of job and family services.	15635

~~(E)~~(F) If the director revokes the license of a center or, a	15636
type A home, or a type B home, the director shall not issue	15637
another license to the owner of the center or, type A home, or	15638
type B home until five years have elapsed from the date the	15639
license is revoked.	15640

If the director denies an application for a license, the	15641
director shall not accept another application from the applicant	15642
until five years have elapsed from the date the application is	15643
denied.	15644

~~(F)~~(G) If during the application for licensure process the	15645
director determines that the license of the owner has been	15646
revoked, the investigation of the center or, type A home, or type	15647
B home shall cease. This action does not constitute denial of the	15648
application and may not be appealed under division ~~(G)~~(H) of this	15649
section.	15650

~~(G)~~(H) All actions of the director with respect to licensing	15651
centers or, type A homes, or type B homes, refusal to license, and	15652
revocation of a license shall be in accordance with Chapter 119.	15653
of the Revised Code. Any applicant who is denied a license or any	15654
owner whose license is revoked may appeal in accordance with	15655
section 119.12 of the Revised Code.	15656

~~(H)~~(I) In no case shall the director issue a license or	15657
~~provisional license~~ under this section for a ~~type A home or~~	15658
center, type A home, or type B home if the director, based on	15659
documentation provided by the appropriate county department of job	15660
and family services, determines that the applicant ~~previously~~ had	15661
been certified as a type B family day-care home when such	15662
certifications were issued by county departments prior to the	15663
effective date of this amendment, that the county department	15664
revoked that certification, that the revocation was based on the	15665
applicant's refusal or inability to comply with the criteria for	15666
certification, and that the refusal or inability resulted in a	15667
risk to the health or safety of children.	15668

(J)(1) Except as provided in division (J)(2) of this section,	15669
an administrator of a type B family day-care home that receives a	15670
license pursuant to this section to provide publicly funded child	15671
care is an independent contractor and is not an employee of the	15672
department of job and family services.	15673

(2) For purposes of Chapter 4141. of the Revised Code,	15674
determinations concerning the employment of an administrator of a	15675
type B family day-care home that receives a license pursuant to	15676
this section shall be determined under Chapter 4141. of the	15677
Revised Code.	15678

Sec. 5104.032. (A) The child day-care center shall have, for	15679
each child for whom the center is licensed, at least thirty-five	15680
square feet of usable indoor floor space wall-to-wall regularly	15681
available for the child care operation exclusive of any parts of	15682
the structure in which the care of children is prohibited by law	15683
or by rules adopted by the board of building standards. The	15684
minimum of thirty-five square feet of usable indoor floor space	15685
shall not include hallways, kitchens, storage areas, or any other	15686
areas that are not available for the care of children, as	15687
determined by the director, in meeting the space requirement of	15688
this division, and bathrooms shall be counted in determining	15689
square footage only if they are used exclusively by children	15690
enrolled in the center, except that the exclusion of hallways,	15691
kitchens, storage areas, bathrooms not used exclusively by	15692
children enrolled in the center, and any other areas not available	15693
for the care of children from the minimum of thirty-five square	15694
feet of usable indoor floor space shall not apply to:	15695

(1) Centers licensed prior to or on September 1, 1986, that	15696
continue under licensure after that date;	15697

(2) Centers licensed prior to or on September 1, 1986, that	15698
are issued a new license after that date solely due to a change of	15699
ownership of the center.	15700

(B) The child day-care center shall have on the site a safe	15701
outdoor play space which is enclosed by a fence or otherwise	15702
protected from traffic or other hazards. The play space shall	15703
contain not less than sixty square feet per child using such space	15704
at any one time, and shall provide an opportunity for supervised	15705
outdoor play each day in suitable weather. The director may exempt	15706
a center from the requirement of this division, if an outdoor play	15707
space is not available and if all of the following are met:	15708

(1) The center provides an indoor recreation area that has	15709
not less than sixty square feet per child using the space at any	15710
one time, that has a minimum of one thousand four hundred forty	15711
square feet of space, and that is separate from the indoor space	15712
required under division (A) of this section.	15713

(2) The director has determined that there is regularly	15714
available and scheduled for use a conveniently accessible and safe	15715
park, playground, or similar outdoor play area for play or	15716
recreation.	15717

(3) The children are closely supervised during play and while	15718
traveling to and from the area.	15719

The director also shall exempt from the requirement of this	15720
division a child day-care center that was licensed prior to	15721
September 1, 1986, if the center received approval from the	15722
director prior to September 1, 1986, to use a park, playground, or	15723
similar area, not connected with the center, for play or	15724
recreation in lieu of the outdoor space requirements of this	15725
section and if the children are closely supervised both during	15726
play and while traveling to and from the area and except if the	15727
director determines upon investigation and inspection pursuant to	15728
section 5104.04 of the Revised Code and rules adopted pursuant to	15729
that section that the park, playground, or similar area, as well	15730
as access to and from the area, is unsafe for the children.	15731

Sec. 5104.033. A child day-care center shall have at least	15732
two responsible adults available on the premises at all times when	15733
seven or more children are in the center. The center shall	15734
organize the children in the center in small groups, shall provide	15735
child-care staff to give continuity of care and supervision to the	15736
children on a day-by-day basis, and shall ensure that no child is	15737
left alone or unsupervised. Except as otherwise provided in	15738
division (B) of this section, the maximum number of children per	15739
child-care staff member and maximum group size, by age category of	15740
children, are as follows:	15741

	Maximum Number of		15742
	Children Per	Maximum	15743
Age Category	Child-Care	Group	15744
of Children	Staff Member	Size	15745
(a) Infants:			15746
(i) Less than twelve			15747
months old	5:1, or		15748
	12:2 if two		15749
	child-care		15750
	staff members		15751
	are in the room	12	15752
(ii) At least twelve			15753
months old, but			15754
less than eighteen			15755
months old	6:1	12	15756
(b) Toddlers:			15757
(i) At least eighteen			15758
months old, but			15759
less than thirty			15760
months old	7:1	14	15761
(ii) At least thirty months			15762
old, but less than			15763
three years old	8:1	16	15764
(c) Preschool-age			15765
children:			15766
(i) Three years old	12:1	24	15767
(ii) Four years old and			15768
five years old who			15769
are not school			15770
children	14:1	28	15771
(d) School-age children:			15772
(i) A child who is			15773
enrolled in or is			15774
eligible to be			15775
enrolled in a grade			15776
of kindergarten			15777
or above, but			15778
is less than			15779
eleven years old	18:1	36	15780
(ii) Eleven through fourteen			15781
years old	20:1	40	15782

Except as otherwise provided in division (B) of this section,	15783
the maximum number of children per child-care staff member and	15784
maximum group size requirements of the younger age group shall	15785
apply when age groups are combined.	15786

(B)(1) When age groups are combined, the maximum number of	15787
children per child-care staff member shall be determined by the	15788
age of the youngest child in the group, except that when no more	15789
than one child thirty months of age or older receives services in	15790
a group in which all the other children are in the next older age	15791
group, the maximum number of children per child-care staff member	15792
and maximum group size requirements of the older age group	15793
established under division (A) of this section shall apply.	15794

(2) The maximum number of toddlers or preschool-age children	15795
per child-care staff member in a room where children are napping	15796
shall be twice the maximum number of children per child-care staff	15797
member established under division (A) of this section if all the	15798
following criteria are met:	15799

(a) At least one child-care staff member is present in the	15800
room.	15801

(b) Sufficient child-care staff members are on the child	15802
day-care center premises to meet the maximum number of children	15803
per child-care staff member requirements established under	15804
division (A) of this section.	15805

(c) Naptime preparations are complete and all napping	15806
children are resting or sleeping on cots.	15807

(d) The maximum number established under division (B)(2) of	15808
this section is in effect for no more than two hours during a	15809
twenty-four-hour day.	15810

Sec. 5104.034. Each child day-care center shall have on the	15811
center premises and readily available at all times at least one	15812
child-care staff member who has completed a course in first aid,	15813
one staff member who has completed a course in prevention,	15814
recognition, and management of communicable diseases which is	15815
approved by the state department of health, and a staff member who	15816
has completed a course in child abuse recognition and prevention	15817
training which is approved by the department of job and family	15818
services.	15819

~~Sec. 5104.031.~~ Sec. 5104.035. (A) A child day-care center	15820
administrator shall show the director of job and family services	15821
both of the following:	15822

(1) Evidence of at least high school graduation or	15823
certification of high school equivalency by the state board of	15824
education or the appropriate agency of another state;	15825

(2) Evidence of having at least one of the following:

15826

(a) An associate, bachelor's, master's, doctoral, or other	15827
postgraduate degree in child development or early childhood	15828
education, or in a related field approved by the director, from an	15829
accredited college, university, or technical college;	15830

(b) A license designated as appropriate for teaching in an	15831
associate teaching position in a preschool setting issued by the	15832
state board of education pursuant to section 3319.22 of the	15833
Revised Code;	15834

(c) Designation under the career pathways model as an early	15835
childhood professional level three;	15836

(d) Two years of experience working as a child-care staff	15837
member in a licensed child care program, designation under the	15838
career pathways model as an early childhood professional level	15839
one, and, not later than one year after being named as	15840
administrator, designation under the career pathways model as an	15841
early childhood professional level two;	15842

(e) Two years of experience working as a child-care staff	15843
member in a licensed child care program and, except as provided in	15844
division (B) of this section, at least four courses in child	15845
development or early childhood education from an accredited	15846
college, university, or technical college;	15847

(f) Two years of experience working as a child-care staff	15848
member in a licensed child care program and a child development	15849
associate credential issued by the council for professional	15850
recognition;	15851

(g) Two years of training, including at least four courses in	15852
child development or early childhood education from an accredited	15853
college, university, or technical college;	15854

(h) An infant and toddler or early childhood credential from	15855
a program accredited by the Montessori accreditation council for	15856
teacher education.	15857

(B) A person who has two years of experience working as a	15858
child-care staff member in a child day-care center and is promoted	15859
to or designated as administrator of that center shall have one	15860
year from the date of the promotion or designation to complete the	15861
courses required by division (A)(1)(e) of this section.	15862

~~Sec. 5104.032.~~ Sec. 5104.036. (A) All child-care staff members of	15863
a child day-care center shall be at least eighteen years of age,	15864
and shall furnish the director of job and family services evidence	15865
of at least high school graduation or certification of high school	15866
equivalency by the state board of education or the appropriate	15867
agency of another state or evidence of completion of a training	15868
program approved by the department of job and family services or	15869
state board of education, except as follows:	15870

(B) A child-care staff member may be less than eighteen years	15871
of age if the staff member is either of the following:	15872

(1) A graduate of a two-year vocational child-care training	15873
program approved by the state board of education;	15874

(2) A student enrolled in the second year of a vocational	15875
child-care training program approved by the state board of	15876
education which leads to high school graduation, provided that the	15877
student performs the student's duties in the child day-care center	15878
under the continuous supervision of an experienced child-care	15879
staff member, receives periodic supervision from the vocational	15880
child-care training program teacher-coordinator in the student's	15881
high school, and meets all other requirements of this chapter and	15882
rules adopted pursuant to this chapter.	15883

(C) A child-care staff member shall be exempt from the	15884
educational requirements of division (A) of this section if the	15885
staff member:	15886

(1) Prior to January 1, 1972, was employed or designated by a	15887
child day-care center and has been continuously employed since	15888
either by the same child day-care center employer or at the same	15889
child day-care center;	15890

(2) Is a student enrolled in the second year of a vocational	15891
child-care training program approved by the state board of	15892
education which leads to high school graduation, provided that the	15893
student performs the student's duties in the child day-care center	15894
under the continuous supervision of an experienced child-care	15895
staff member, receives periodic supervision from the vocational	15896
child-care training program teacher-coordinator in the student's	15897
high school, and meets all other requirements of this chapter and	15898
rules adopted pursuant to this chapter;	15899

(3) Is receiving or has completed the final year of	15900
instruction at home as authorized under section 3321.04 of the	15901
Revised Code or has graduated from a nonchartered, nonpublic	15902
school in Ohio.	15903

~~Sec. 5104.033.~~ Sec. 5104.037. (A) Except as provided in division	15904
(B) of this section, each child-care staff member of a child	15905
day-care center annually shall complete fifteen hours of inservice	15906
training that includes the following subjects until the staff	15907
member has completed a total of forty-five hours of training:	15908

(1) Child development or early childhood education;

15909

(2) Child abuse recognition and prevention;

15910

(3) First aid;

15911

(4) Prevention, recognition, and management of communicable	15912
diseases.	15913

(B) A child-care staff member is exempt from the inservice	15914
training requirements established by division (A) of this section	15915
if the staff member furnishes one of the following to the director	15916
of job and family services:	15917

(1) Evidence of an associate or higher degree in child	15918
development or early childhood education from an accredited	15919
college, university, or technical college;	15920

(2) A license designated for teaching in an associate	15921
teaching position in a preschool setting issued by the state board	15922
of education;	15923

(3) Evidence of a child development associate credential;

15924

(4) Evidence of an infant and toddler or early childhood	15925
credential from a program accredited by the Montessori	15926
accreditation council for teacher education.	15927

(C) For purposes of this section, each hour of inservice	15928
training shall consist of sixty minutes of training.	15929

Sec. 5104.038. The administrator of each child day-care	15930
center shall maintain enrollment, health, and attendance records	15931
for all children attending the center and health and employment	15932
records for all center employees. The records shall be	15933
confidential, except that they shall be disclosed by the	15934
administrator to the director upon request for the purpose of	15935
administering and enforcing this chapter and rules adopted	15936
pursuant to this chapter. Neither the center nor the licensee,	15937
administrator, or employees of the center shall be civilly or	15938
criminally liable in damages or otherwise for records disclosed to	15939
the director by the administrator pursuant to this division. It	15940
shall be a defense to any civil or criminal charge based upon	15941
records disclosed by the administrator to the director that the	15942
records were disclosed pursuant to this division.	15943

Sec. 5104.039. (A) Any parent who is the residential parent	15944
and legal custodian of a child enrolled in a child day-care center	15945
and any custodian or guardian of such a child shall be permitted	15946
unlimited access to the center during its hours of operation for	15947
the purposes of contacting their children, evaluating the care	15948
provided by the center, evaluating the premises of the center, or	15949
for other purposes approved by the director. A parent of a child	15950
enrolled in a child day-care center who is not the child's	15951
residential parent shall be permitted unlimited access to the	15952
center during its hours of operation for those purposes under the	15953
same terms and conditions under which the residential parent of	15954
that child is permitted access to the center for those purposes.	15955
However, the access of the parent who is not the residential	15956
parent is subject to any agreement between the parents and, to the	15957
extent described in division (B) of this section, is subject to	15958
any terms and conditions limiting the right of access of the	15959
parent who is not the residential parent, as described in division	15960
(I) of section 3109.051 of the Revised Code, that are contained in	15961
a parenting time order or decree issued under that section,	15962
section 3109.12 of the Revised Code, or any other provision of the	15963
Revised Code.	15964

(B) If a parent who is the residential parent of a child has	15965
presented the administrator or the administrator's designee with a	15966
copy of a parenting time order that limits the terms and	15967
conditions under which the parent who is not the residential	15968
parent is to have access to the center, as described in division	15969
(I) of section 3109.051 of the Revised Code, the parent who is not	15970
the residential parent shall be provided access to the center only	15971
to the extent authorized in the order. If the residential parent	15972
has presented such an order, the parent who is not the residential	15973
parent shall be permitted access to the center only in accordance	15974
with the most recent order that has been presented to the	15975
administrator or the administrator's designee by the residential	15976
parent or the parent who is not the residential parent.	15977

(C) Upon entering the premises pursuant to division (A) or	15978
(B) of this section, the parent who is the residential parent and	15979
legal custodian, the parent who is not the residential parent, or	15980
the custodian or guardian shall notify the administrator or the	15981
administrator's designee of the parent's, custodian's, or	15982
guardian's presence.	15983

Sec. 5104.04. (A) The department of job and family services	15984
shall establish procedures to be followed in investigating,	15985
inspecting, and licensing child day-care centers ~~and~~, type A	15986
family day-care homes, and licensed type B family day-care homes.	15987

(B)(1)(a) The department shall, at least once during every	15988
twelve-month period of operation of a center or, type A home, or	15989
licensed type B home, inspect the center or, type A home, or	15990
licensed type B home. The department shall inspect a part-time	15991
center or part-time type A home at least once during every	15992
twelve-month period of operation. The department shall provide a	15993
written inspection report to the licensee within a reasonable time	15994
after each inspection. The licensee shall display ~~all written~~	15995
~~reports of inspections conducted during the current licensing~~	15996
~~period~~its most recent inspection report in a conspicuous place in	15997
the center or, type A home, or licensed type B home.	15998

Inspections may be unannounced. No person, firm,	15999
organization, institution, or agency shall interfere with the	16000
inspection of a center or, type A home, or licensed type B home by	16001
any state or local official engaged in performing duties required	16002
of the state or local official by this chapter or rules adopted	16003
pursuant to this chapter, including inspecting the center or, type	16004
A home, or licensed type B home, reviewing records, or	16005
interviewing licensees, employees, children, or parents.	16006

(b) Upon receipt of any complaint that a center or, type A	16007
home or licensed type B home is out of compliance with the	16008
requirements of this chapter or rules adopted pursuant to this	16009
chapter, the department shall investigate the center or home, and	16010
both of the following apply:	16011

(i) If the complaint alleges that a child suffered physical	16012
harm while receiving child care at the center or home or that the	16013
noncompliance alleged in the complaint involved, resulted in, or	16014
poses a substantial risk of physical harm to a child receiving	16015
child care at the center or home, the department shall inspect the	16016
center or home.	16017

(ii) If division (B)(1)(b)(i) of this section does not apply	16018
regarding the complaint, the department may inspect the center or	16019
home.	16020

(c) Division (B)(1)(b) of this section does not limit,	16021
restrict, or negate any duty of the department to inspect a center	16022
or, type A home, or licensed type B home that otherwise is imposed	16023
under this section, or any authority of the department to inspect	16024
a center or, type A home, or licensed type B home that otherwise	16025
is granted under this section when the department believes the	16026
inspection is necessary and it is permitted under the grant.	16027

(2) If the department implements an instrument-based program	16028
monitoring information system, it may use an indicator checklist	16029
to comply with division (B)(1) of this section.	16030

(3) The department shall contract with a third party by the	16031
first day of October in each even-numbered year to collect	16032
information concerning the amounts charged by the center or home	16033
for providing child care services for use in establishing	16034
reimbursement ceilings and payment pursuant to section 5104.30 of	16035
the Revised Code. The third party shall compile the information	16036
and report the results of the survey to the department not later	16037
than the first day of December in each even-numbered year.	16038

(C) The department may deny an application or revoke a	16039
license of a center or, type A home, or licensed type B home, if	16040
the applicant knowingly makes a false statement on the	16041
application, the center or home does not comply with the	16042
requirements of this chapter or rules adopted pursuant to this	16043
chapter, or the applicant or owner has pleaded guilty to or been	16044
convicted of an offense described in section 5104.09 of the	16045
Revised Code.	16046

(D) If the department finds, after notice and hearing	16047
pursuant to Chapter 119. of the Revised Code, that any applicant,	16048
person, firm, organization, institution, or agency applying for	16049
licensure or licensed under section 5104.03 of the Revised Code is	16050
in violation of any provision of this chapter or rules adopted	16051
pursuant to this chapter, the department may issue an order of	16052
denial to the applicant or an order of revocation to the center	16053
or, type A home, or licensed type B home revoking the license	16054
previously issued by the department. Upon the issuance of such an	16055
order, the person whose application is denied or whose license is	16056
revoked may appeal in accordance with section 119.12 of the	16057
Revised Code.	16058

(E) The surrender of a center or, type A home, or licensed	16059
type B home license to the department or the withdrawal of an	16060
application for licensure by the owner or administrator of the	16061
center or, type A home, or licensed type B home shall not prohibit	16062
the department from instituting any of the actions set forth in	16063
this section.	16064

(F) Whenever the department receives a complaint, is advised,	16065
or otherwise has any reason to believe that a center or type A	16066
home is providing child care without a license issued pursuant to	16067
section 5104.03 and is not exempt from licensing pursuant to	16068
section 5104.02 of the Revised Code, the department shall	16069
investigate the center or type A home and may inspect the areas	16070
children have access to or areas necessary for the care of	16071
children in the center or type A home during suspected hours of	16072
operation to determine whether the center or type A home is	16073
subject to the requirements of this chapter or rules adopted	16074
pursuant to this chapter.	16075

(G) The department, upon determining that the center or type	16076
A home is operating without a license, shall notify the attorney	16077
general, the prosecuting attorney of the county in which the	16078
center or type A home is located, or the city attorney, village	16079
solicitor, or other chief legal officer of the municipal	16080
corporation in which the center or type A home is located, that	16081
the center or type A home is operating without a license. Upon	16082
receipt of the notification, the attorney general, prosecuting	16083
attorney, city attorney, village solicitor, or other chief legal	16084
officer of a municipal corporation shall file a complaint in the	16085
court of common pleas of the county in which the center or type A	16086
home is located requesting that the court grant an order enjoining	16087
the owner from operating the center or type A home in violation of	16088
section 5104.02 of the Revised Code. The court shall grant such	16089
injunctive relief upon a showing that the respondent named in the	16090
complaint is operating a center or type A home and is doing so	16091
without a license.	16092

(H) The department shall prepare an annual report on	16093
inspections conducted under this section. The report shall include	16094
the number of inspections conducted, the number and types of	16095
violations found, and the steps taken to address the violations.	16096
The department shall file the report with the governor, the	16097
president and minority leader of the senate, and the speaker and	16098
minority leader of the house of representatives on or before the	16099
first day of January of each year, beginning in 1999.	16100

Sec. 5104.041. (A) All type A ~~and type B~~ family day-care	16101
homes and licensed type B family day-care homes shall procure and	16102
maintain one of the following:	16103

(1) Liability insurance issued by an insurer authorized to do	16104
business in this state under Chapter 3905. of the Revised Code	16105
insuring the type A or type B family day-care home against	16106
liability arising out of, or in connection with, the operation of	16107
the family day-care home. ~~Liability~~The insurance procured ~~under~~	16108
~~this division~~ shall cover any cause for which the type A or type B	16109
family day-care home would be liable, in the amount of at least	16110
one hundred thousand dollars per occurrence and three hundred	16111
thousand dollars in the aggregate.	16112

(2) A written statement signed by the parent, guardian, or	16113
custodian of each child receiving child care from the type A or	16114
type B family day-care home that states all of the following:	16115

(a) The family day-care home does not carry liability	16116
insurance described in division (A)(1) of this section;	16117

(b) If the licensee of a type A family day-care home or ~~the~~	16118
~~provider of~~ a type B family day-care home is not the owner of the	16119
real property where the family day-care home is located, the	16120
liability insurance, if any, of the owner of the real property may	16121
not provide for coverage of any liability arising out of, or in	16122
connection with, the operation of the family day-care home.	16123

(B) If the licensee of a type A family day-care home or ~~the~~	16124
~~provider of~~ a type B family day-care home is not the owner of the	16125
real property where the family day-care home is located and the	16126
family day-care home procures liability insurance described in	16127
division (A)(1) of this section, that licensee ~~or provider~~ shall	16128
name the owner of the real property as an additional insured party	16129
on the liability insurance policy if all of the following apply:	16130

(1) The owner of the real property requests the licensee or	16131
provider, in writing, to add the owner of the real property to the	16132
liability insurance policy as an additional insured party.	16133

(2) The addition of the owner of the real property does not	16134
result in cancellation or nonrenewal of the insurance policy	16135
procured by the type A or type B family day-care home.	16136

(3) The owner of the real property pays any additional	16137
premium assessed for coverage of the owner of the real property.	16138

(C) Proof of insurance or written statement required under	16139
division (A) of this section shall be maintained at the type A or	16140
type B family day-care home and made available for review during	16141
inspection or investigation as required under this chapter.	16142

(D) The director of job and family services shall adopt rules	16143
for the enforcement of this section.	16144

Sec. 5104.052. The director of job and family services, in	16145
cooperation with the fire marshal pursuant to section 3737.22 of	16146
the Revised Code, shall ~~promulgate~~adopt rules regarding fire	16147
prevention and fire safety in ~~certified~~licensed type B family	16148
day-care homes. In accordance with those rules, the director shall	16149
inspect each type B home that applies to be licensed that is	16150
providing or is to provide publicly funded child care.	16151

Sec. 5104.053. As a precondition of approval by the state	16152
board of education pursuant to section 3313.813 of the Revised	16153
Code for receipt of United States department of agriculture child	16154
and adult care food program funds established under the "National	16155
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	16156
amended, the provider of child care in a type B family day-care	16157
home that is not ~~certified~~licensed by the ~~county~~ director of	16158
~~human~~job and family services shall request an inspection of the	16159
type B home by the fire marshal, who shall inspect the type B home	16160
pursuant to section 3737.22 of the Revised Code to determine that	16161
it is in compliance with rules established pursuant to section	16162
5104.052 of the Revised Code for ~~certified~~licensed type B homes.	16163

Sec. 5104.054. Any type B family day-care home, whether	16164
~~certified~~licensed or not ~~certified~~licensed by the ~~county~~	16165
director of ~~human~~job and family services, shall be considered to	16166
be a residential use of property for purposes of municipal,	16167
county, and township zoning and shall be a permitted use in all	16168
zoning districts in which residential uses are permitted. No	16169
municipal, county, or township zoning regulations shall require a	16170
conditional use permit or any other special exception	16171
certification for any such type B family day-care home.	16172

Sec. 5104.06. (A) The director of job and family services	16173
shall provide consultation, technical assistance, and training to	16174
child day-care centers ~~and~~, type A family day-care homes, and type	16175
B family day-care homes to improve programs and facilities	16176
providing child care ~~including, but not limited to,~~. As part of	16177
these activities, the director shall provide assistance in meeting	16178
the requirements of ~~Chapter 5104.~~this chapter and rules adopted	16179
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter and	16180
shall furnish information regarding child abuse identification and	16181
reporting of child abuse.	16182

(B) The director of job and family services shall provide	16183
consultation and technical assistance to county departments of job	16184
and family services to assist the departments with the	16185
implementation of certification of ~~type B family day-care home~~	16186
~~providers and~~ in-home aides.	16187

Sec. 5104.08. (A) There is hereby created in the department	16188
of job and family services a child care advisory council to advise	16189
and assist the department in the administration of this chapter	16190
and in the development of child care. The council shall consist of	16191
twenty-two voting members appointed by the director of job and	16192
family services with the approval of the governor. The director of	16193
job and family services, the director of developmental	16194
disabilities, the director of mental health, the superintendent of	16195
public instruction, the director of health, the director of	16196
commerce, and the state fire marshal shall serve as nonvoting	16197
members of the council.	16198

Six members shall be representatives of child care centers	16199
subject to licensing, the members to represent a variety of	16200
centers, including nonprofit and proprietary, from different	16201
geographical areas of the state. At least three members shall be	16202
parents, guardians, or custodians of children receiving child care	16203
or publicly funded child care in the child's own home, a center, a	16204
type A home, a head start program, a ~~certified~~licensed type B	16205
home, or a type B home at the time of appointment. Three members	16206
shall be representatives of in-home aides, type A homes, ~~certified~~	16207
licensed type B homes, or type B homes or head start programs. At	16208
least six members shall represent county departments of job and	16209
family services. The remaining members shall be representatives of	16210
the teaching, child development, and health professions, and other	16211
individuals interested in the welfare of children. At least six	16212
members of the council shall not be employees or licensees of a	16213
child day-care center, head start program, or type A home, or	16214
providers operating a ~~certified~~licensed type B home or type B	16215
home, or in-home aides.	16216

Appointments shall be for three-year terms. Vacancies shall	16217
be filled for the unexpired terms. A member of the council is	16218
subject to removal by the director of job and family services for	16219
a willful and flagrant exercise of authority or power that is not	16220
authorized by law, for a refusal or willful neglect to perform any	16221
official duty as a member of the council imposed by law, or for	16222
being guilty of misfeasance, malfeasance, nonfeasance, or gross	16223
neglect of duty as a member of the council.	16224

There shall be two co-chairpersons of the council. One	16225
co-chairperson shall be the director of job and family services or	16226
the director's designee, and one co-chairperson shall be elected	16227
by the members of the council. The council shall meet as often as	16228
is necessary to perform its duties, provided that it shall meet at	16229
least once in each quarter of each calendar year and at the call	16230
of the co-chairpersons. The co-chairpersons or their designee	16231
shall send to each member a written notice of the date, time, and	16232
place of each meeting.	16233

Members of the council shall serve without compensation, but	16234
shall be reimbursed for necessary expenses.	16235

(B) The child care advisory council shall advise the director	16236
on matters affecting the licensing of centers ~~and~~, type A homes,	16237
and type B homes and the certification of ~~type B homes and~~ in-home	16238
aides. The council shall make an annual report to the director of	16239
job and family services that addresses the availability,	16240
affordability, accessibility, and quality of child care and that	16241
summarizes the recommendations and plans of action that the	16242
council has proposed to the director during the preceding fiscal	16243
year. The director of job and family services shall provide copies	16244
of the report to the governor, speaker and minority leader of the	16245
house of representatives, and the president and minority leader of	16246
the senate and, on request, shall make copies available to the	16247
public.	16248

(C) The director of job and family services shall adopt rules	16249
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	16250
implement this section.	16251

Sec. 5104.09. (A)(1) Except as provided in rules adopted	16252
pursuant to division (D) of this section, no individual who has	16253
been convicted of or pleaded guilty to a violation described in	16254
division (A)(9) of section 109.572 of the Revised Code, a	16255
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	16256
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	16257
of the Revised Code or a violation of an existing or former law or	16258
ordinance of any municipal corporation, this state, any other	16259
state, or the United States that is substantially equivalent to	16260
any of those violations, or two violations of section 4511.19 of	16261
the Revised Code during operation of the center or home shall be	16262
certified as an in-home aide or be employed in any capacity in or	16263
own or operate a child day-care center, type A family day-care	16264
home, type B family day-care home, or ~~certified~~licensed type B	16265
family day-care home.	16266

(2) Each employee of a child day-care center and type A home	16267
and every person eighteen years of age or older residing in a type	16268
A home or licensed type B home shall sign a statement on forms	16269
prescribed by the director of job and family services attesting to	16270
the fact that the employee or resident person has not been	16271
convicted of or pleaded guilty to any offense set forth in	16272
division (A)(1) of this section and that no child has been removed	16273
from the employee's or resident person's home pursuant to section	16274
2151.353 of the Revised Code. Each licensee of a type A family	16275
day-care home or type B family day-care home shall sign a	16276
statement on a form prescribed by the director attesting to the	16277
fact that no person who resides at the type A home or licensed	16278
type B home and who is under the age of eighteen has been	16279
adjudicated a delinquent child for committing a violation of any	16280
section listed in division (A)(1) of this section. The statements	16281
shall be kept on file at the center or, type A home, or licensed	16282
type B home.	16283

(3) Each in-home aide ~~and every person eighteen years of age~~	16284
~~or older residing in a certified type B home~~ shall sign a	16285
statement on forms prescribed by the director of job and family	16286
services attesting that the aide ~~or resident person~~ has not been	16287
convicted of or pleaded guilty to any offense set forth in	16288
division (A)(1) of this section and that no child has been removed	16289
from the aide's ~~or resident person's~~ home pursuant to section	16290
2151.353 of the Revised Code. ~~Each authorized provider shall sign~~	16291
~~a statement on forms prescribed by the director attesting that the~~	16292
~~provider has not been convicted of or pleaded guilty to any~~	16293
~~offense set forth in division (A)(1) of this section and that no~~	16294
~~child has been removed from the provider's home pursuant to~~	16295
~~section 2151.353 of the Revised Code. Each authorized provider~~	16296
~~shall sign a statement on a form prescribed by the director~~	16297
~~attesting to the fact that no person who resides at the certified~~	16298
~~type B home and who is under the age of eighteen has been~~	16299
~~adjudicated a delinquent child for committing a violation of any~~	16300
~~section listed in division (A)(1) of this section.~~ The ~~statements~~	16301
statement shall be kept on file at the county department of job	16302
and family services.	16303

(4) Each administrator and licensee of a center or, type A	16304
home, or licensed type B home shall sign a statement on a form	16305
prescribed by the director of job and family services attesting	16306
that the administrator or licensee has not been convicted of or	16307
pleaded guilty to any offense set forth in division (A)(1) of this	16308
section and that no child has been removed from the	16309
administrator's or licensee's home pursuant to section 2151.353 of	16310
the Revised Code. The statement shall be kept on file at the	16311
center or, type A home, or licensed type B home.	16312

(B) No in-home aide, no administrator, licensee, ~~authorized~~	16313
~~provider,~~ or employee of a center, type A home, or ~~certified~~	16314
licensed type B home, and no person eighteen years of age or older	16315
residing in a type A home or ~~certified~~licensed type B home shall	16316
withhold information from, or falsify information on, any	16317
statement required pursuant to division (A)(2), (3), or (4) of	16318
this section.	16319

(C) No administrator, licensee, or child-care staff member	16320
shall discriminate in the enrollment of children in a child	16321
day-care center upon the basis of race, color, religion, sex, or	16322
national origin.	16323

(D) The director of job and family services shall adopt rules	16324
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	16325
implement this section, including rules specifying exceptions to	16326
the prohibition in division (A) of this section for persons who	16327
have been convicted of an offense listed in that division but meet	16328
rehabilitation standards set by the ~~department~~director.	16329

Sec. 5104.13. The department of job and family services	16330
shall prepare a guide describing the state statutes and rules	16331
governing the ~~certification~~licensure of type B family day-care	16332
homes. The department may publish the guide electronically or	16333
otherwise and shall do so in a manner that the guide is accessible	16334
to the public, including type B home providers.	16335

Sec. 5104.14. All materials that are supplied by the	16336
department of job and family services to type A family day-care	16337
home providers, type B family day-care home providers, in-home	16338
aides, persons seeking to be type A family day-care home	16339
providers, type B family day-care home providers, or in-home	16340
aides, and caretaker parents shall be written at no higher than	16341
the sixth grade reading level. The department may employ a	16342
readability expert to verify its compliance with this section.	16343

~~Sec. 5104.015.~~ Sec. 5104.25. (A) Except as otherwise provided in	16344
division (C) of this section, no child day-care center shall	16345
permit any person to smoke in any indoor or outdoor space that is	16346
part of the center.	16347

The administrator of a child day-care center shall post in a	16348
conspicuous place at the main entrance of the center a notice	16349
stating that smoking is prohibited in any indoor or outdoor space	16350
that is part of the center, except under the conditions described	16351
in division (C) of this section.	16352

(B) Except as otherwise provided in division (C) of this	16353
section, no type A family day-care home or ~~certified~~licensed type	16354
B family day-care home shall permit any person to smoke in any	16355
indoor or outdoor space that is part of the home during the hours	16356
the home is in operation. Smoking may be permitted during hours	16357
other than the hours of operation if the administrator or	16358
~~authorized provider~~ of the home has provided to a parent,	16359
custodian, or guardian of each child receiving child care at the	16360
home notice that smoking occurs or may occur at the home when it	16361
is not in operation.	16362

The administrator of a type A family day-care home or	16363
~~authorized provider of~~ a ~~certified~~licensed type B family day-care	16364
home shall post in a conspicuous place at the main entrance of the	16365
home a notice specifying the hours the home is in operation and	16366
stating that smoking is prohibited during those hours in any	16367
indoor or outdoor space that is part of the home, except under the	16368
conditions described in division (C) of this section.	16369

(C) A child day-care center, type A family day-care home, or	16370
~~certified~~licensed type B family home may allow persons to smoke	16371
at the center or home during its hours of operation if those	16372
persons cannot be seen smoking by the children being cared for and	16373
if they smoke in either of the following:	16374

(1) An indoor area that is separately ventilated from the	16375
rest of the center or home;	16376

(2) An outdoor area that is so far removed from the children	16377
being cared for that they cannot inhale any smoke.	16378

(D) The director of job and family services, in consultation	16379
with the director of health, shall adopt rules in accordance with	16380
Chapter 119. of the Revised Code to implement the requirements of	16381
this section. These rules may prohibit smoking in a child day-care	16382
center, type A family day-care home, or ~~certified~~licensed type B	16383
family home if its design and structure do not allow persons to	16384
smoke under the conditions described in division (C) of this	16385
section or if repeated violations of division (A) or (B) of this	16386
section have occurred there.	16387

Sec. 5104.30. (A) The department of job and family services	16388
is hereby designated as the state agency responsible for	16389
administration and coordination of federal and state funding for	16390
publicly funded child care in this state. Publicly funded child	16391
care shall be provided to the following:	16392

(1) Recipients of transitional child care as provided under	16393
section 5104.34 of the Revised Code;	16394

(2) Participants in the Ohio works first program established	16395
under Chapter 5107. of the Revised Code;	16396

(3) Individuals who would be participating in the Ohio works	16397
first program if not for a sanction under section 5107.16 of the	16398
Revised Code and who continue to participate in a work activity,	16399
developmental activity, or alternative work activity pursuant to	16400
an assignment under section 5107.42 of the Revised Code;	16401

(4) A family receiving publicly funded child care on October	16402
1, 1997, until the family's income reaches one hundred fifty per	16403
cent of the federal poverty line;	16404

(5) Subject to available funds, other individuals determined	16405
eligible in accordance with rules adopted under section 5104.38 of	16406
the Revised Code.	16407

The department shall apply to the United States department of	16408
health and human services for authority to operate a coordinated	16409
program for publicly funded child care, if the director of job and	16410
family services determines that the application is necessary. For	16411
purposes of this section, the department of job and family	16412
services may enter into agreements with other state agencies that	16413
are involved in regulation or funding of child care. The	16414
department shall consider the special needs of migrant workers	16415
when it administers and coordinates publicly funded child care and	16416
shall develop appropriate procedures for accommodating the needs	16417
of migrant workers for publicly funded child care.	16418

(B) The department of job and family services shall	16419
distribute state and federal funds for publicly funded child care,	16420
including appropriations of state funds for publicly funded child	16421
care and appropriations of federal funds available under the child	16422
care block grant act, Title IV-A, and Title XX. The department may	16423
use any state funds appropriated for publicly funded child care as	16424
the state share required to match any federal funds appropriated	16425
for publicly funded child care.	16426

(C) In the use of federal funds available under the child	16427
care block grant act, all of the following apply:	16428

(1) The department may use the federal funds to hire staff to	16429
prepare any rules required under this chapter and to administer	16430
and coordinate federal and state funding for publicly funded child	16431
care.	16432

(2) Not more than five per cent of the aggregate amount of	16433
the federal funds received for a fiscal year may be expended for	16434
administrative costs.	16435

(3) The department shall allocate and use at least four per	16436
cent of the federal funds for the following:	16437

(a) Activities designed to provide comprehensive consumer	16438
education to parents and the public;	16439

(b) Activities that increase parental choice;

16440

(c) Activities, including child care resource and referral	16441
services, designed to improve the quality, and increase the	16442
supply, of child care;	16443

(d) Establishing a tiered quality rating and improvement	16444
system in which participation in the program may allow child	16445
day-care providers to be eligible for grants, technical	16446
assistance, training, or other assistance and become eligible for	16447
unrestricted monetary awards for maintaining a quality rating.	16448

(4) The department shall ensure that the federal funds will	16449
be used only to supplement, and will not be used to supplant,	16450
federal, state, and local funds available on the effective date of	16451
the child care block grant act for publicly funded child care and	16452
related programs. If authorized by rules adopted by the department	16453
pursuant to section 5104.42 of the Revised Code, county	16454
departments of job and family services may purchase child care	16455
from funds obtained through any other means.	16456

(D) The department shall encourage the development of	16457
suitable child care throughout the state, especially in areas with	16458
high concentrations of recipients of public assistance and	16459
families with low incomes. The department shall encourage the	16460
development of suitable child care designed to accommodate the	16461
special needs of migrant workers. On request, the department,	16462
through its employees or contracts with state or community child	16463
care resource and referral service organizations, shall provide	16464
consultation to groups and individuals interested in developing	16465
child care. The department of job and family services may enter	16466
into interagency agreements with the department of education, the	16467
board of regents, the department of development, and other state	16468
agencies and entities whenever the cooperative efforts of the	16469
other state agencies and entities are necessary for the department	16470
of job and family services to fulfill its duties and	16471
responsibilities under this chapter.	16472

The department shall develop and maintain a registry of	16473
persons providing child care. The director shall adopt rules	16474
~~pursuant to~~in accordance with Chapter 119. of the Revised Code	16475
establishing procedures and requirements for the registry's	16476
administration.	16477

(E)(1) The director shall adopt rules in accordance with	16478
Chapter 119. of the Revised Code establishing both of the	16479
following:	16480

(a) Reimbursement ceilings for providers of publicly funded	16481
child care not later than the first day of July in each	16482
odd-numbered year;	16483

(b) A procedure for reimbursing and paying providers of	16484
publicly funded child care.	16485

(2) In establishing reimbursement ceilings under division	16486
(E)(1)(a) of this section, the director shall do all of the	16487
following:	16488

(a) Use the information obtained under division (B)(3) of	16489
section 5104.04 of the Revised Code;	16490

(b) Establish an enhanced reimbursement ceiling for providers	16491
who provide child care for caretaker parents who work	16492
nontraditional hours;	16493

(c) For ~~a type B family day-care home provider that has~~	16494
~~received limited certification pursuant to rules adopted under~~	16495
~~division (G)(1) of section 5104.011 of the Revised Code~~an in-home	16496
aide, establish a reimbursement ceiling that is ~~the following:~~	16497

~~(i) If the provider is a person described in division~~	16498
~~(G)(1)(a)(i) of section 5104.011 of the Revised Code,~~ seventy-five	16499
per cent of the reimbursement ceiling that applies to a licensed	16500
type B family day-care home ~~certified by the same county~~	16501
~~department of job and family services pursuant to section 5104.11~~	16502
~~of the Revised Code~~;	16503

~~(ii) If the provider is a person described in division~~	16504
~~(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per~~	16505
~~cent of the reimbursement ceiling that applies to a type B family~~	16506
~~day-care home certified by the same county department pursuant to~~	16507
~~section 5104.11 of the Revised Code.~~	16508

(d) With regard to the tiered quality rating and improvement	16509
system established pursuant to division (C)(3)(d) of this section,	16510
do both of the following:	16511

(i) Establish enhanced reimbursement ceilings for child	16512
day-care providers that participate in the system and maintain	16513
quality ratings under the system;	16514

(ii) ~~Weigh~~In the case of child day-care providers that have	16515
been given access to the system by the department, weigh any	16516
reduction in reimbursement ceilings more heavily against ~~child~~	16517
~~day-care~~those providers that do not participate in the system or	16518
do not maintain quality ratings under the system.	16519

(3) In establishing reimbursement ceilings under division	16520
(E)(1)(a) of this section, the director may establish different	16521
reimbursement ceilings based on any of the following:	16522

(a) Geographic location of the provider;

16523

(b) Type of care provided;

16524

16525

(d) Special needs of the child served;

16526

(e) Whether the expanded hours of service are provided;

16527

(f) Whether weekend service is provided;

16528

(g) Whether the provider has exceeded the minimum	16529
requirements of state statutes and rules governing child care;	16530

(h) Any other factors the director considers appropriate.

16531

(F) The director shall adopt rules in accordance with Chapter	16532
119. of the Revised Code to implement the tiered quality rating	16533
and improvement system described in division (C)(3)(d) of this	16534
section.	16535

Sec. 5104.31. (A) Publicly funded child care may be provided	16536
only by the following:	16537

(1) ~~A child day-care center or type A family day-care home,~~	16538
~~including a parent cooperative child day-care center or parent~~	16539
~~cooperative type A family day-care home,~~Any of the following	16540
licensed by the department of job and family services pursuant to	16541
section 5104.03 of the Revised Code;or pursuant to rules adopted	16542
under section 5104.018 of the Revised Code:	16543

(a) A child day-care center, including a parent cooperative	16544
child day-care center;	16545

(b) A type A family day-care home, including a parent	16546
cooperative type A family day-care home;	16547

16548

(2) ~~A type B family day-care home certified by the county~~	16549
~~department of job and family services pursuant to section 5104.11~~	16550
~~of the Revised Code;~~	16551

~~(3) A type B family day-care home that has received a limited~~	16552
~~certification pursuant to rules adopted under division (G)(1) of~~	16553
~~section 5104.011 of the Revised Code;~~	16554

~~(4)~~ An in-home aide who has been certified by the county	16555
department of job and family services pursuant to section 5104.12	16556
of the Revised Code;	16557

~~(5)~~(3) A child day camp approved pursuant to section 5104.22	16558
of the Revised Code;	16559

~~(6)~~(4) A licensed preschool program;

16560

~~(7)~~(5) A licensed school child program;

16561

~~(8)~~(6) A border state child care provider, except that a	16562
border state child care provider may provide publicly funded child	16563
care only to an individual who resides in an Ohio county that	16564
borders the state in which the provider is located.	16565

(B) Publicly funded child day-care may be provided in a	16566
child's own home only by an in-home aide.	16567

(C) Beginning July 1, 2020, publicly funded child care may be	16568
provided only by a provider that is rated through the tiered	16569
quality rating and improvement system established pursuant to	16570
section 5104.30 of the Revised Code.	16571

Sec. 5104.32. (A) Except as provided in division (C) of this	16572
section, all purchases of publicly funded child care shall be made	16573
under a contract entered into by a licensed child day-care center,	16574
licensed type A family day-care home, ~~certified~~licensed type B	16575
family day-care home, certified in-home aide, approved child day	16576
camp, licensed preschool program, licensed school child program,	16577
or border state child care provider and the department of job and	16578
family services. All contracts for publicly funded child care	16579
shall be contingent upon the availability of state and federal	16580
funds. The department shall prescribe a standard form to be used	16581
for all contracts for the purchase of publicly funded child care,	16582
regardless of the source of public funds used to purchase the	16583
child care. To the extent permitted by federal law and	16584
notwithstanding any other provision of the Revised Code that	16585
regulates state contracts or contracts involving the expenditure	16586
of state or federal funds, all contracts for publicly funded child	16587
care shall be entered into in accordance with the provisions of	16588
this chapter and are exempt from any other provision of the	16589
Revised Code that regulates state contracts or contracts involving	16590
the expenditure of state or federal funds.	16591

(B) Each contract for publicly funded child care shall	16592
specify at least the following:	16593

(1) That the provider of publicly funded child care agrees to	16594
be paid for rendering services at the lower of the rate	16595
customarily charged by the provider for children enrolled for	16596
child care or the reimbursement ceiling or rate of payment	16597
established pursuant to section 5104.30 of the Revised Code;	16598

(2) That, if a provider provides child care to an individual	16599
potentially eligible for publicly funded child care who is	16600
subsequently determined to be eligible, the department agrees to	16601
pay for all child care provided between the date the county	16602
department of job and family services receives the individual's	16603
completed application and the date the individual's eligibility is	16604
determined;	16605

(3) Whether the county department of job and family services,	16606
the provider, or a child care resource and referral service	16607
organization will make eligibility determinations, whether the	16608
provider or a child care resource and referral service	16609
organization will be required to collect information to be used by	16610
the county department to make eligibility determinations, and the	16611
time period within which the provider or child care resource and	16612
referral service organization is required to complete required	16613
eligibility determinations or to transmit to the county department	16614
any information collected for the purpose of making eligibility	16615
determinations;	16616

(4) That the provider, other than a border state child care	16617
provider, shall continue to be licensed, approved, or certified	16618
pursuant to this chapter and shall comply with all standards and	16619
other requirements in this chapter and in rules adopted pursuant	16620
to this chapter for maintaining the provider's license, approval,	16621
or certification;	16622

(5) That, in the case of a border state child care provider,	16623
the provider shall continue to be licensed, certified, or	16624
otherwise approved by the state in which the provider is located	16625
and shall comply with all standards and other requirements	16626
established by that state for maintaining the provider's license,	16627
certificate, or other approval;	16628

(6) Whether the provider will be paid by the state department	16629
of job and family services or in some other manner as prescribed	16630
by rules adopted under section 5104.42 of the Revised Code;	16631

(7) That the contract is subject to the availability of state	16632
and federal funds.	16633

(C) Unless specifically prohibited by federal law or by rules	16634
adopted under section 5104.42 of the Revised Code, the county	16635
department of job and family services shall give individuals	16636
eligible for publicly funded child care the option of obtaining	16637
certificates that the individual may use to purchase services from	16638
any provider qualified to provide publicly funded child care under	16639
section 5104.31 of the Revised Code. Providers of publicly funded	16640
child care may present these certificates for payment in	16641
accordance with rules that the director of job and family services	16642
shall adopt. Only providers may receive payment for certificates.	16643
The value of the certificate shall be based on the lower of the	16644
rate customarily charged by the provider or the rate of payment	16645
established pursuant to section 5104.30 of the Revised Code. The	16646
county department may provide the certificates to the individuals	16647
or may contract with child care providers or child care resource	16648
and referral service organizations that make determinations of	16649
eligibility for publicly funded child care pursuant to contracts	16650
entered into under section 5104.34 of the Revised Code for the	16651
providers or resource and referral service organizations to	16652
provide the certificates to individuals whom they determine are	16653
eligible for publicly funded child care.	16654

For each six-month period a provider of publicly funded child	16655
care provides publicly funded child care to the child of an	16656
individual given certificates, the individual shall provide the	16657
provider certificates for days the provider would have provided	16658
publicly funded child care to the child had the child been	16659
present. The maximum number of days providers shall be provided	16660
certificates shall not exceed ten days in a six-month period	16661
during which publicly funded child care is provided to the child	16662
regardless of the number of providers that provide publicly funded	16663
child care to the child during that period.	16664

Sec. 5104.35. (A) Each county department of job and family	16665
services shall do all of the following:	16666

(1) Accept any gift, grant, or other funds from either public	16667
or private sources offered unconditionally or under conditions	16668
which are, in the judgment of the department, proper and	16669
consistent with this chapter and deposit the funds in the county	16670
public assistance fund established by section 5101.161 of the	16671
Revised Code;	16672

(2) Recruit individuals and groups interested in	16673
certification as in-home aides or in developing and operating	16674
suitable licensed child day-care centers, type A family day-care	16675
homes, or ~~certified~~licensed type B family day-care homes,	16676
especially in areas with high concentrations of recipients of	16677
public assistance, and for that purpose provide consultation to	16678
interested individuals and groups on request;	16679

(3) Inform clients of the availability of child care	16680
services.	16681

(B) A county department of job and family services may, to	16682
the extent permitted by federal law, use public child care funds	16683
to extend the hours of operation of the county department to	16684
accommodate the needs of working caretaker parents and enable	16685
those parents to apply for publicly funded child care.	16686

Sec. 5104.36. The licensee or administrator of a child	16687
day-care center or, type A family day-care home, ~~the authorized~~	16688
~~provider of a certified~~or licensed type B family day-care home,	16689
an in-home aide providing child care services, the director or	16690
administrator of an approved child day camp, and a border state	16691
child care provider shall keep a record for each eligible child,	16692
to be made available to the county department of job and family	16693
services or the department of job and family services on request.	16694
The record shall include all of the following:	16695

(A) The name and date of birth of the child;

16696

(B) The name and address of the child's caretaker parent;

16697

(C) The name and address of the caretaker parent's place of	16698
employment or program of education or training;	16699

(D) The hours for which child care services have been	16700
provided for the child;	16701

(E) Any other information required by the county department	16702
of job and family services or the state department of job and	16703
family services.	16704

Sec. 5104.38. In addition to any other rules adopted under	16705
this chapter, the director of job and family services shall adopt	16706
rules in accordance with Chapter 119. of the Revised Code	16707
governing financial and administrative requirements for publicly	16708
funded child care and establishing all of the following:	16709

(A) Procedures and criteria to be used in making	16710
determinations of eligibility for publicly funded child care that	16711
give priority to children of families with lower incomes and	16712
procedures and criteria for eligibility for publicly funded	16713
protective child care. The rules shall specify the maximum amount	16714
of income a family may have for initial and continued eligibility.	16715
The maximum amount shall not exceed two hundred per cent of the	16716
federal poverty line. The rules may specify exceptions to the	16717
eligibility requirements in the case of a family that previously	16718
received publicly funded child care and is seeking to have the	16719
child care reinstated after the family's eligibility was	16720
terminated.	16721

(B) Procedures under which a county department of job and	16722
family services may, if the department, under division (A) of this	16723
section, specifies a maximum amount of income a family may have	16724
for eligibility for publicly funded child care that is less than	16725
the maximum amount specified in that division, specify a maximum	16726
amount of income a family residing in the county the county	16727
department serves may have for initial and continued eligibility	16728
for publicly funded child care that is higher than the amount	16729
specified by the department but does not exceed the maximum amount	16730
specified in division (A) of this section;	16731

(C) A schedule of fees requiring all eligible caretaker	16732
parents to pay a fee for publicly funded child care according to	16733
income and family size, which shall be uniform for all types of	16734
publicly funded child care, except as authorized by rule, and, to	16735
the extent permitted by federal law, shall permit the use of state	16736
and federal funds to pay the customary deposits and other advance	16737
payments that a provider charges all children who receive child	16738
care from that provider. The schedule of fees may not provide for	16739
a caretaker parent to pay a fee that exceeds ten per cent of the	16740
parent's family income.	16741

(D) A formula for determining the amount of state and federal	16742
funds appropriated for publicly funded child care that may be	16743
allocated to a county department to use for administrative	16744
purposes;	16745

(E) Procedures to be followed by the department and county	16746
departments in recruiting individuals and groups to become	16747
providers of child care;	16748

(F) Procedures to be followed in establishing state or local	16749
programs designed to assist individuals who are eligible for	16750
publicly funded child care in identifying the resources available	16751
to them and to refer the individuals to appropriate sources to	16752
obtain child care;	16753

(G) Procedures to deal with fraud and abuse committed by	16754
either recipients or providers of publicly funded child care;	16755

(H) Procedures for establishing a child care grant or loan	16756
program in accordance with the child care block grant act;	16757

(I) Standards and procedures for applicants to apply for	16758
grants and loans, and for the department to make grants and loans;	16759

(J) A definition of "person who stands in loco parentis" for	16760
the purposes of division ~~(KK)~~(JJ)(1) of section 5104.01 of the	16761
Revised Code;	16762

(K) Procedures for a county department of job and family	16763
services to follow in making eligibility determinations and	16764
redeterminations for publicly funded child care available through	16765
telephone, computer, and other means at locations other than the	16766
county department;	16767

(L) If the director establishes a different reimbursement	16768
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	16769
Code, standards and procedures for determining the amount of the	16770
higher payment that is to be issued to a child care provider based	16771
on the special needs of the child being served;	16772

(M) To the extent permitted by federal law, procedures for	16773
paying for up to thirty days of child care for a child whose	16774
caretaker parent is seeking employment, taking part in employment	16775
orientation activities, or taking part in activities in	16776
anticipation of enrolling in or attending an education or training	16777
program or activity, if the employment or the education or	16778
training program or activity is expected to begin within the	16779
thirty-day period;	16780

(N) Any other rules necessary to carry out sections 5104.30	16781
to 5104.43 of the Revised Code.	16782

Sec. 5107.60. In accordance with Title IV-A, federal	16783
regulations, state law, the Title IV-A state plan prepared under	16784
section 5101.80 of the Revised Code, and amendments to the plan,	16785
county departments of job and family services shall establish and	16786
administer the following work activities, in addition to the work	16787
activities established under sections 5107.50, 5107.52, 5107.54,	16788
and 5107.58 of the Revised Code, for minor heads of households and	16789
adults participating in Ohio works first:	16790

(A) Unsubsidized employment activities, including activities	16791
a county department determines are legitimate entrepreneurial	16792
activities;	16793

(B) On-the-job training activities, including training to	16794
become an employee of a child day-care center or type A family	16795
day-care home, ~~authorized provider~~administrator of a ~~certified~~	16796
licensed type B family day-care home, or in-home aide;	16797

(C) Community service activities including a program under	16798
which a participant of Ohio works first who is the parent,	16799
guardian, custodian, or specified relative responsible for the	16800
care of a minor child enrolled in grade twelve or lower is	16801
involved in the minor child's education on a regular basis;	16802

(D) Vocational educational training activities;

16803

(E) Jobs skills training activities that are directly related	16804
to employment;	16805

(F) Education activities that are directly related to	16806
employment for participants who have not earned a high school	16807
diploma or high school equivalence diploma;	16808

(G) Education activities for participants who have not	16809
completed secondary school or received a high school equivalence	16810
diploma under which the participants attend a secondary school or	16811
a course of study leading to a high school equivalence diploma,	16812
including LEAP participation by a minor head of household;	16813

(H) Child-care service activities aiding another participant	16814
assigned to a community service activity or other work activity. A	16815
county department may provide for a participant assigned to this	16816
work activity to receive training necessary to provide child-care	16817
services.	16818

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	16819
2151.421, section 5153.17, and any other section of the Revised	16820
Code pertaining to confidentiality, when a public children	16821
services agency has determined that child abuse or neglect	16822
occurred and that abuse or neglect involves a person who has	16823
applied for licensure ~~or renewal of licensure~~ as a type A family	16824
day-care home or ~~certification or renewal of certification as a~~	16825
type B family day-care home, the agency shall promptly provide to	16826
the department of job and family services ~~or to a county~~	16827
~~department of job and family services~~ any information the agency	16828
determines to be relevant for the purpose of evaluating the	16829
fitness of the person, including, but not limited to, both of the	16830
following:	16831

(1) A summary report of the chronology of abuse and neglect	16832
reports made pursuant to section 2151.421 of the Revised Code of	16833
which the person is the subject where the agency determined that	16834
abuse or neglect occurred and the final disposition of the	16835
investigation of the reports or, if the investigations have not	16836
been completed, the status of the investigations;	16837

(2) Any underlying documentation concerning those reports.

16838

(B) The agency shall not include in the information provided	16839
to the department ~~or county department~~ under division (A) of this	16840
section the name of the person or entity that made the report or	16841
participated in the making of the report of child abuse or	16842
neglect.	16843

(C) Upon provision of information under division (A) of this	16844
section, the agency shall notify the department ~~or county~~	16845
~~department~~ of both of the following:	16846

(1) That the information is confidential;

16847

(2) That unauthorized dissemination of the information is a	16848
violation of division (H)(2) of section 2151.421 of the Revised	16849
Code and any person who permits or encourages unauthorized	16850
dissemination of the information is guilty of a misdemeanor of the	16851
fourth degree pursuant to section 2151.99 of the Revised Code.	16852

Section 120.02. That existing sections 109.57, 2151.011,	16853
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	16854
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,	16855
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,	16856
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,	16857
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,	16858
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,	16859
5107.60, and 5153.175 of the Revised Code are hereby repealed.	16860

Section 120.03. That sections 5104.014 and 5104.11 of the	16861
Revised Code are hereby repealed.	16862

Section 120.04. Sections 120.01, 120.02, and 120.03 of this	16863
act take effect on January 1, 2014.	16864

Section 610.10. That Sections 267.10, 267.10.90, 267.40.40,	16865
and 283.20 of Am. Sub. H.B. 153 of the 129th General Assembly be	16866
amended to read as follows:	16867

Sec. 267.10. EDU DEPARTMENT OF EDUCATION

16868

General Revenue Fund	16869

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	16870
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	16871
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	16872
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	16873
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	16874
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	16875
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	16876
GRF	200424	Policy Analysis	$	328,558	$	328,558	16877
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	16878
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	16879
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	16880
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	16881
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	16882
GRF	200442	Child Care Licensing	$	827,140	$	827,140	16883
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	16884
GRF	200447	GED Testing	$	879,551	$	879,551	16885
GRF	200448	Educator Preparation	$	786,737	$	786,737	16886
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	16887
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	16888
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	16889
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	16890
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	16891
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	16892
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	16893
GRF	200550	Foundation Funding	$	5,536,347,861	$	5,610,290,686	16894
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	16895
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	7,628,256,477	16896

General Services Fund Group	16897

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	16898
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	16899
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	16900
5960	200656	Ohio Career Information System	$	529,761	$	529,761	16901
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	16902
TOTAL GSF General Services							16903
Fund Group			$	41,577,607	$	41,577,607	16904

Federal Special Revenue Fund Group	16905

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	16906
3670	200607	School Food Services	$	6,803,472	$	6,959,906	16907
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	16908
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	16909
3780	200660	Learn and Serve	$	619,211	$	619,211	16910
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	16911
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	16912
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	16913
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	16914
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	16915
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	16916
3D10	200664	Drug Free Schools	$	1,500,000	$	0	16917
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	16918
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	16919
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	16920
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	16921
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	16922
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	16923
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	16924
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	16925
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	16926
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	16927
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	16928
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	16929
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	16930
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	16931
3FE0	200669	Striving Readers	$	180,000	$	100,000	16932
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	16933
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	16934
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	16935
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	16936
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	16937
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	16938
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	16939
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	16940
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	16941
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	16942
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	16943
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	16944
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	16945
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	16946
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	16947
TOTAL FED Federal Special							16948
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	16949

State Special Revenue Fund Group	16950

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	16951
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	16952
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	16953
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	16954
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	16955
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	16956
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	16957
5U20	200685	National Education Statistics	$	300,000	$	300,000	16958
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	16959
TOTAL SSR State Special Revenue							16960
Fund Group			$	54,827,935	$	55,396,635	16961

Lottery Profits Education Fund Group	16962

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	16963
7018	200686	Third Grade Reading Guarantee	$	0	$	13,000,000	16964
TOTAL LPE Lottery Profits							16965
Education Fund Group			$	717,500,000	$	~~680,500,000~~ 693,500,000	16966

Revenue Distribution Fund Group	16967

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	16968
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	16969
TOTAL RDF Revenue Distribution							16970
Fund Group			$	756,000,000	$	505,000,000	16971
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	~~10,922,046,458~~ 10,935,046,458	16972

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	16974
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	16975
Revised Code, the administration of the English language arts	16976
assessments for elementary grades as a replacement for the	16977
separate reading and writing assessments prescribed by sections	16978
3301.0710 and 3301.0711 of the Revised Code, as those sections	16979
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	16980
shall not be required until a date prescribed by rule of the State	16981
Board of Education. Until that date, the Department of Education	16982
and school districts and schools shall continue to administer	16983
separate reading assessments for elementary grades, as prescribed	16984
by the versions of sections 3301.0710 and 3301.0711 of the Revised	16985
Code that were in effect prior to the effective date of Section	16986
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	16987
intent for delaying implementation of the replacement English	16988
language arts assessment is to provide adequate time for the	16989
complete development of the new assessment.	16990

(B) Notwithstanding anything to the contrary in section	16991
3301.0710 of the Revised Code, the State Board shall not prescribe	16992
the three ranges of scores for the assessments prescribed by	16993
division (A)(2) of section 3301.0710 of the Revised Code, as	16994
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	16995
the Board adopts the rule required by division (A) of this	16996
section. Until that date, the Board shall continue to prescribe	16997
the five ranges of scores required by the version of section	16998
3301.0710 of the Revised Code in effect prior to the effective	16999
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	17000
Assembly, and the following apply:	17001

(1) The range of scores designated by the State Board as a	17002
proficient level of skill remains the passing score on the Ohio	17003
Graduation Tests for purposes of sections 3313.61, 3313.611,	17004
3313.612, and 3325.08 of the Revised Code;	17005

(2) The range of scores designated as a limited level of	17006
skill remains the standard for applying the third-grade reading	17007
guarantee under division (A) of section 3313.608 of the Revised	17008
Code;	17009

~~(3) The range of scores designated by the State Board as a~~	17010
~~proficient level of skill remains the standard for the summer~~	17011
~~remediation requirement of division (B)(2) of section 3313.608 of~~	17012
~~the Revised Code~~.	17013

(C) This section is not subject to expiration after June 30,	17014
2013, under Section 809.10 of this act.	17015

Sec. 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

17016

(A) There is hereby created the Lottery Profits Education	17017
Reserve Fund (Fund 7018) in the State Treasury. Investment	17018
earnings of the Lottery Profits Education Reserve Fund shall be	17019
credited to the fund.	17020

(B) Notwithstanding any other provision of law to the	17021
contrary, the Director of Budget and Management may transfer cash	17022
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	17023
in fiscal year 2012 and fiscal year 2013. Amounts transferred	17024
under this section are hereby appropriated.	17025

(C) On July 15, 2011, or as soon as possible thereafter, the	17026
Director of the Ohio Lottery Commission shall certify to the	17027
Director of Budget and Management the amount by which lottery	17028
profit transfers received by Fund 7017 exceeded $711,000,000 in	17029
fiscal year 2011. The Director of Budget and Management may	17030
transfer the amount so certified, plus the cash balance in Fund	17031
7017, to Fund 7018.	17032

(D) On July 15, 2012, or as soon as possible thereafter, the	17033
Director of the Ohio Lottery Commission shall certify to the	17034
Director of Budget and Management the amount by which lottery	17035
profit transfers received by Fund 7017 exceeded $717,500,000 in	17036
fiscal year 2012. The Director of Budget and Management may	17037
transfer the amount so certified, plus the cash balance in Fund	17038
7017, to Fund 7018.	17039

THIRD GRADE READING GUARANTEE

17040

The foregoing appropriation item 200686, Third Grade Reading	17041
Guarantee, shall be used to make competitive grants to school	17042
districts and community schools to support reading intervention	17043
efforts that assist students in meeting the third grade reading	17044
guarantee established in section 3313.608 of the Revised Code.	17045

The Superintendent of Public Instruction shall administer and	17046
award the grants. The Superintendent shall establish procedures	17047
and forms by which applicants may apply for a grant, a competitive	17048
process for awarding the grants, procedures for distributing	17049
grants to recipients, and procedures for monitoring the use of	17050
grants by recipients. The procedures shall require each school	17051
district and community school applying for a grant to submit, as	17052
part of its grant application, a reading program plan identifying	17053
how the grant award will be used. To be eligible for a grant	17054
award, school districts and community schools shall apply to the	17055
Superintendent not later than December 31, 2012. The	17056
Superintendent shall announce the grant awards not later than	17057
April 30, 2013.	17058

In awarding the grants, the Superintendent shall give	17059
priority to plans that either utilize public-private partnerships	17060
or involve collaboration with educational service centers, other	17061
school districts, or local entities, such as libraries, parks and	17062
recreation authorities, or other community entities. The	17063
Superintendent shall also consider an applicant's past performance	17064
on the third grade reading assessment administered pursuant to the	17065
version of section 3301.0710 of the Revised Code that was in	17066
effect prior to October 16, 2009. In considering this factor, the	17067
Superintendent shall take into account the existing resources	17068
available for reading improvement initiatives, including the	17069
amount of funding the school district or community school	17070
regularly receives under Title I of the "Elementary and Secondary	17071
Education Act of 1965," 20 U.S.C. 6301, et seq.	17072

Sec. 283.20. STATEHOUSE NEWS BUREAU

17073

The foregoing appropriation item 935401, Statehouse News	17074
Bureau, shall be used solely to support the operations of the Ohio	17075
Statehouse News Bureau.	17076

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

17077

The foregoing appropriation item 935402, Ohio Government	17078
Telecommunications Services, shall be used solely to support the	17079
operations of Ohio Government Telecommunications Services which	17080
include providing multimedia support to the state government and	17081
its affiliated organizations and broadcasting the activities of	17082
the legislative, judicial, and executive branches of state	17083
government, among its other functions.	17084

TECHNOLOGY OPERATIONS

17085

The foregoing appropriation item 935409, Technology	17086
Operations, shall be used by eTech Ohio to pay expenses of eTech	17087
Ohio's network infrastructure, which includes the television and	17088
radio transmission infrastructure and infrastructure that shall	17089
link all public K-12 classrooms to each other and to the Internet,	17090
and provide access to voice, video, other communication services,	17091
and data educational resources for students and teachers. The	17092
foregoing appropriation item 935409, Technology Operations, may	17093
also be used to cover student costs for taking advanced placement	17094
courses and courses that the Chancellor of the Board of Regents	17095
has determined to be eligible for postsecondary credit through the	17096
OhioLearns Gateway. To the extent that funds remain available for	17097
this purpose, public and chartered nonpublic school students	17098
taking advanced placement or postsecondary courses through the	17099
OhioLearns Gateway shall be eligible to receive a fee waiver to	17100
cover the cost of participating in one course. The fee waivers	17101
shall be distributed until the funds appropriated to support the	17102
waivers have been exhausted.	17103

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

17104

The foregoing appropriation item 935410, Content Development,	17105
Acquisition, and Distribution, shall be used for the development,	17106
acquisition, and distribution of information resources by public	17107
media and radio reading services and for educational use in the	17108
classroom and online.	17109

Of the foregoing appropriation item 935410, Content	17110
Development, Acquisition, and Distribution, up to $658,099 in each	17111
fiscal year shall be allocated equally among the 12 Ohio	17112
educational television stations and used with the advice and	17113
approval of eTech Ohio. Funds shall be used for the production of	17114
interactive instructional programming series with priority given	17115
to resources aligned with state academic content standards in	17116
consultation with the Ohio Department of Education and for	17117
teleconferences to support eTech Ohio. The programming shall be	17118
targeted to the needs of the poorest two hundred school districts	17119
as determined by the district's adjusted valuation per pupil as	17120
defined in former section 3317.0213 of the Revised Code as that	17121
section existed prior to June 30, 2005.	17122

Of the foregoing appropriation item 935410, Content	17123
Development, Acquisition, and Distribution, up to $1,749,283 in	17124
each fiscal year shall be distributed by eTech Ohio to Ohio's	17125
qualified public educational television stations and educational	17126
radio stations to support their operations. The funds shall be	17127
distributed pursuant to an allocation formula used by the Ohio	17128
Educational Telecommunications Network Commission unless a	17129
substitute formula is developed by eTech Ohio in consultation with	17130
Ohio's qualified public educational television stations and	17131
educational radio stations.	17132

Of the foregoing appropriation item 935410, Content	17133
Development, Acquisition, and Distribution, up to $199,712 in each	17134
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	17135
radio reading services to support their operations. The funds	17136
shall be distributed pursuant to an allocation formula used by the	17137
Ohio Educational Telecommunications Network Commission unless a	17138
substitute formula is developed by eTech Ohio in consultation with	17139
Ohio's qualified radio reading services.	17140

Section 610.11. That existing Sections 267.10, 267.10.90,	17141
267.40.40, and 283.20 of Am. Sub. H.B. 153 of the 129th General	17142
Assembly are hereby repealed.	17143

Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153	17144
of the 129th General Assembly and Section 265.20.15 of Am. Sub.	17145
H.B. 1 of the 128th General Assembly are hereby repealed.	17146

Section 733.10. Not later than June 20, 2013, the Department	17147
of Education shall conduct a study of the licensure requirements	17148
for educational staff responsible for the development of	17149
informational sources for the support of curriculum and literacy	17150
development in schools. The Department and the State Board of	17151
Education shall use the study to make any necessary updates or	17152
revisions to the licensure requirements for those staff.	17153

Section 733.13. The Community School Mandate Review Panel is	17154
hereby created. Not later than sixty days after the effective date	17155
of this section, the Superintendent of Public Instruction, the	17156
Director of the Governor's Office of 21st Century Education, and	17157
the Auditor of State jointly shall appoint seven experts on	17158
community schools to the panel. The panel shall conduct a review	17159
of all Revised Code and Administrative Code sections with which	17160
community schools must comply to determine how to reduce	17161
unnecessary reporting and compliance requirements for community	17162
schools.	17163

Not later than one year after the effective date of this	17164
section, the panel shall report its findings, including	17165
legislative recommendations, to the Department of Education,	17166
Governor, and the General Assembly in accordance with section	17167
101.68 of the Revised Code. Upon submitting the report, the panel	17168
shall cease to exist.	17169

Section 733.15. Not later than ninety days after the	17170
effective date of this section, the Department of Education shall	17171
make available on its web site a copy of every approved, executed	17172
contract that was filed with the Superintendent of Public	17173
Instruction under section 3314.03 of the Revised Code before the	17174
effective date of this section.	17175

Section 733.20. The General Assembly hereby declares its	17176
intent, in enacting section 3319.031 of the Revised Code, to	17177
supersede any effect of the decision of the Court of Appeals of	17178
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	17179
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	17180
decision conflicts with the principle that boards of education may	17181
appoint a licensed business manager, but also may determine	17182
instead to assign the roles and functions of a business manager to	17183
one or more employees or officers of the board, including the	17184
treasurer, in the board's sole discretion.	17185

Section 733.30. The Department of Education and the	17186
Governor's Director of 21st Century Education jointly shall	17187
develop legislative recommendations regarding the state's policies	17188
on reading readiness for individuals from birth through third	17189
grade. The Department and the Director shall consult with the	17190
State Board of Education, the Early Childhood Advisory Council,	17191
and the Early Education and Development Innovation Committee, and	17192
education stakeholders in the development of their	17193
recommendations. The Department and the Director shall submit the	17194
recommendations to the Governor and the General Assembly, in	17195
accordance with section 101.68 of the Revised Code, not later than	17196
March 31, 2013. The recommendations shall address all of the	17197
following:	17198

(A) Alignment of the state's policies and resources for	17199
reading readiness and proficiency from birth through third grade;	17200

(B) Development and implementation of reading readiness	17201
standards, evidence-based curricula, professional development,	17202
instructional practices, and assessments to reduce early learning	17203
difficulties and to ensure third grade reading proficiency;	17204

(C) Identification of early learning strategies that support	17205
the goal of the third grade reading guarantee, prescribed by	17206
section 3313.608 of the Revised Code;	17207

(D) A plan for implementation and funding of reading	17208
proficiency strategies.	17209

Section 733.40. Not later than December 31, 2012, the	17210
Superintendent of Public Instruction and the Governor's Director	17211
of 21st Century Education shall issue a report to the Governor and	17212
the General Assembly, in accordance with section 101.68 of the	17213
Revised Code, on the ability of the Ohio Department of Education	17214
to reprioritize state and federal funds appropriated or allocated	17215
to the Department, in order to identify additional funds that may	17216
be used to support the assessments and interventions associated	17217
with the third grade reading guarantee prescribed by section	17218
3313.608 of the Revised Code. The Superintendent and the Director	17219
shall examine all available sources of funding, including Title I	17220
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	17221
6301 et seq.; Title III, Part A, of the "No Child Left Behind Act	17222
of 2001," 20 U.S.C. 6811, et seq.; and the "Enhancing Education	17223
Through Technology Act of 2001," 20 U.S.C. 6751.	17224

Section 733.50. (A) There is hereby created a task force to	17225
make legislative recommendations for a new academic performance	17226
rating and report card system for school districts, school	17227
district buildings, community schools, and STEM schools, to	17228
replace the system prescribed by sections 3302.03, 3314.012, and	17229
3326.17 of the Revised Code. The recommended new system shall	17230
annually rate the growth and performance of students in each	17231
district, building, and school, based on a variety of metrics, and	17232
shall assign each district, building, and school a letter grade of	17233
"A," "B," "C," "D," or "F" for its overall performance. The goal	17234
shall be to have the new system in place for the report cards	17235
issued in August of 2013 for the 2012-2013 school year.	17236

In developing its recommendations, the task force shall	17237
consult with one or more nonprofit organizations that have been	17238
responsible for developing policy recommendations for a similar	17239
letter grade rating system for schools implemented in other	17240
states.	17241

The task force shall consist of the Governor's Director of	17242
21st Century Education, who shall be the chair of the task force,	17243
the Superintendent of Public Instruction, the President of the	17244
State Board of Education, and one legislative member appointed by	17245
each of the President of the Senate, the Speaker of the House of	17246
Representatives, the minority leader of the Senate, and the	17247
minority leader of the House of Representatives.	17248

Not later than October 1, 2012, the task force shall submit	17249
its recommendations to the Governor and the General Assembly in	17250
accordance with section 101.68 of the Revised Code.	17251

(B) Not later than January 31, 2013, the Department of	17252
Education shall provide each city, exempted village, or local	17253
school district, each community school, and each STEM school with	17254
a report indicating the estimated rating the district or school	17255
would have been assigned for the 2011-2012 school year under the	17256
letter grade rating system recommended by the task force under	17257
division (A) of this section if that system were in effect for	17258
that school year.	17259

Section 733.60. The Department of Education shall develop	17260
legislative recommendations for a battery of measures to be used	17261
to rank the performance of the sponsors of community schools	17262
established under Chapter 3314. of the Revised Code. The	17263
recommendations shall propose measures for use in addition to the	17264
ratings required by section 3314.016 of the Revised Code, to	17265
determine whether an entity may sponsor additional community	17266
schools. The Department shall submit its recommendations to the	17267
Governor and the General Assembly, in accordance with section	17268
101.68 of the Revised Code, not later than December 31, 2012.	17269

Section 733.70. The Department of Education shall conduct a	17270
second Educational Choice Scholarship application period for the	17271
2012-2013 school year to award scholarships to eligible students	17272
who were enrolled in a nonpublic school in the 2011-2012 school	17273
year that was granted a charter by the State Board of Education	17274
during the 2011-2012 school year. The second application period	17275
shall commence on the effective date of this section and shall end	17276
at the close of business of the first business day that is at	17277
least thirty days after the effective date of this section. A	17278
student is an eligible student if an application is timely	17279
submitted under this section and the student meets the eligibility	17280
standards of division (B) of section 3310.031 of the Revised Code.	17281
Notwithstanding section 3310.10 of the Revised Code, a scholarship	17282
awarded during the second application period shall be used in the	17283
2012-2013 school year only to pay tuition at the nonpublic school	17284
in which the eligible student was enrolled in the 2011-2012 school	17285
year.	17286

Section 751.10. The Revised Code section cited in the	17287
Administrative Code as the authority for any rules adopted under	17288
Chapter 5104. of the Revised Code shall be deemed to be the	17289
Revised Code section as renumbered by Section 101.01 of this act.	17290
The Director of Job and Family Services is not required to amend	17291
any rule previously adopted under Chapter 5104. of the Revised	17292
Code for the sole purpose of changing the citation of the Revised	17293
Code section that authorizes the rule.	17294

Section 751.20. The Revised Code sections cited in the	17295
Administrative Code as the authority for any rules adopted under	17296
Chapter 5104. of the Revised Code shall be deemed to be the	17297
Revised Code sections as renumbered by Section 120.01 of this act.	17298
The Director of Job and Family Services is not required to amend	17299
any rules previously adopted under Chapter 5104. of the Revised	17300
Code for the sole purpose of changing the citation of the Revised	17301
Code section that authorizes the rule.	17302

Section 751.30. On January 1, 2014, a person who is	17303
operating a type B family day-care home certified pursuant to	17304
section 5104.11 of the Revised Code, as that section existed on	17305
December 31, 2013, shall be issued a license to operate a type B	17306
family day-care home pursuant to section 5104.03 of the Revised	17307
Code as amended by this act. The Department of Job and Family	17308
Services shall adopt rules establishing a plan to facilitate the	17309
transition of type B homes from certification to licensure. The	17310
rules shall be adopted in accordance with Chapter 119. of the	17311
Revised Code.	17312

Section 763.10. The Office of Workforce Transformation is	17313
authorized to create a web site to help link energy companies with	17314
trained workers and to provide information on industry compatible	17315
curriculum and training. The Office of Workforce Transformation is	17316
also authorized to work with veterans to match training and skills	17317
to needed jobs in industries, including to the oil and gas	17318
industry.	17319

Section 806.10. The items of law contained in this act, and	17320
their applications, are severable. If any item of law contained in	17321
this act, or if any application of any item of law contained in	17322
this act, is held invalid, the invalidity does not affect other	17323
items of law contained in this act and their applications that can	17324
be given effect without the invalid item of law or application.	17325

Section 812.10. Sections subject to referendum: general	17326
effective date. Except as otherwise provided in this act, the	17327
amendment, enactment, or repeal by this act of a section is	17328
subject to the referendum under Ohio Constitution, Article II,	17329
Section 1c and therefore takes effect on the ninety-first day	17330
after this act is filed with the Secretary of State.	17331

Section 812.11. Sections subject to referendum: special	17332
effective dates. The amendment, enactment, or repeal by this act	17333
of the following sections is subject to the referendum under Ohio	17334
Constitution, Article II, Section 1c and therefore takes effect on	17335
the ninety-first day after this act is filed with the Secretary of	17336
State or on the date specified below, whichever is later:	17337

Section 751.20 of this act takes effect January 1, 2014.

17338

Section 812.20. Sections exempt from referendum: general	17339
effective date. The amendment, enactment, or repeal by this act of	17340
the following sections is exempt from the referendum under Ohio	17341
Constitution, Article II, Section 1d and section 1.471 of the	17342
Revised Code and therefore takes effect immediately when this act	17343
becomes law:	17344

Sections 267.10, 267.30.56, and 267.40.40 of Am. Sub. H.B.	17345
153 of the 129th General Assembly, as amended by this act.	17346

Section 763.10 of this act.

17347

Section 815.10. Section 4301.20 of the Revised Code is	17348
presented in this act as a composite of the section as amended by	17349
both Am. Sub. H.B. 114 and S.B. 73 of the 129th General Assembly.	17350
The General Assembly, applying the principle stated in division	17351
(B) of section 1.52 of the Revised Code that amendments are to be	17352
harmonized if reasonably capable of simultaneous operation, finds	17353
that the composite is the resulting version of the section in	17354
effect prior to the effective date of the section as presented in	17355
this act.	17356