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| To amend sections 3314.03, 3319.321, 3326.11, and | 1 |
| 3328.24 and to enact sections 3301.942, 3301.943, | 2 |
| 3301.944, and 3301.945 of the Revised Code to | 3 |
| prohibit submission of a student's personal | 4 |
| identifiable information to the federal government | 5 |
| without direct authorization of the local school | 6 |
| board and to modify the management and | 7 |
| facilitation of the statewide education data | 8 |
| repository; to amend the version of section | 9 |
| 3326.11 of the Revised Code that is scheduled to | 10 |
| take effect July 1, 2014, to continue the | 11 |
| provisions of this act on or after that effective | 12 |
| date. | 13 |
| Section 1. That sections 3314.03, 3319.321, 3326.11, and | 14 |
| 3328.24 be amended and sections 3301.942, 3301.943, 3301.944, and | 15 |
| 3301.945 of the Revised Code be enacted to read as follows: | 16 |
| Sec. 3301.942. Sections 3301.942 to 3301.945 of the Revised | 17 |
| Code shall be known as the "Student Data Accountability Act." | 18 |
| As used in sections 3301.942 to 3301.945 of the Revised Code: | 19 |
| (A) "Aggregate data" means student data collected or reported | 20 |
| at the group, cohort, or institutional level, as opposed to data | 21 |
| at the individual student level. | 22 |
| (B) "Educational record" means any record, in any form or | 23 |
| medium that is directly related to a student by way of personally | 24 |
| identifiable information and that is maintained at the school | 25 |
| district or school level. | 26 |
| (C) "Parent" means a child's parent, guardian, or custodian. | 27 |
| (D) "Personally identifiable information" includes a | 28 |
| student's name, the name of the student's parent or other family | 29 |
| member, the address of the student or student's family, a personal | 30 |
| identifier, such as the student's social security number or | 31 |
| student number, a list of personal characteristics that would make | 32 |
| the student's identity easily traceable, or other information that | 33 |
| would make the student's identity easily traceable. | 34 |
| (E) "Redacted data" means any student data where personally | 35 |
| identifiable information has been removed or masked. | 36 |
| (F) "Statewide education data repository" means the data | 37 |
| repository established pursuant to section 3301.94 of the Revised | 38 |
| Code. | 39 |
| (G) "Student data" means data collected or reported at the | 40 |
| individual student level and included in a student's educational | 41 |
| record. | 42 |
| Sec. 3301.943. (A) The department of education shall, on or | 43 |
| before the first day of September each year, establish and publish | 44 |
| a data inventory and dictionary or index of data elements with | 45 |
| definitions of individual student data fields in the statewide | 46 |
| education data repository, that shall include the following: | 47 |
| (1) Any individual student data elements required to be | 48 |
| reported by state or federal mandates; | 49 |
| (2) Any individual student data elements proposed for | 50 |
| inclusion in the statewide education data repository, with a | 51 |
| statement regarding the purpose or reason for the proposed | 52 |
| collection; | 53 |
| (3) Any individual student data elements that the state board | 54 |
| of education or department collects or maintains with no current | 55 |
| identified purpose; | 56 |
| (4) Any other student data elements the state board or | 57 |
| department collects for any other purpose, with a statement | 58 |
| regarding the purpose or reason for the collection. | 59 |
| (B) The department shall, on or before the first day of | 60 |
| September each year, develop and publish policies and procedures | 61 |
| to be utilized to maintain compliance with all relevant state and | 62 |
| federal privacy laws and policies, including the "Family | 63 |
| Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 64 |
| U.S.C. 1232g, as amended. Those policies and procedures shall | 65 |
| include a procedure for notifying parents and students of their | 66 |
| privacy rights and shall permit access to student data only to the | 67 |
| following individuals: | 68 |
| (1) The authorized staff of the department and the | 69 |
| contractors working on behalf of the department who require such | 70 |
| access to perform their assigned duties as required by law or as | 71 |
| defined by interagency data-sharing agreements; | 72 |
| (2) District and school administrators, teachers, and school | 73 |
| personnel who require such access to perform their assigned | 74 |
| duties; | 75 |
| (3) Students and their parents; | 76 |
| (4) The authorized staff of other state agencies as required | 77 |
| by law or as defined by interagency data-sharing agreements. | 78 |
| (C) The department shall, not less than sixty days prior to | 79 |
| implementation of any additions or changes to the data fields to | 80 |
| be collected, and in accordance with section 101.68 of the Revised | 81 |
| Code, notify the general assembly of such additions or changes. | 82 |
| (D) Not less than one hundred eighty days after the effective | 83 |
| date of this section, the state board shall adopt rules in | 84 |
| accordance with Chapter 119. of the Revised Code as necessary to | 85 |
| implement sections 3301.942 to 3301.945 of the Revised Code. | 86 |
| Sec. 3301.944. (A) The department of education shall, on or | 87 |
| before the first day of September each year, develop criteria for | 88 |
| the approval of research and data requests from state and local | 89 |
| agencies, the general assembly, researchers working on behalf of | 90 |
| the department, and the public. | 91 |
| (1) Unless otherwise approved by the state board of | 92 |
| education, student data maintained by the department shall remain | 93 |
| confidential. | 94 |
| (2) Unless otherwise approved by the state board, the | 95 |
| department shall use only aggregate data when compiling public | 96 |
| reports and in response to research, data, or records requests. | 97 |
| (3) Unless otherwise approved by the state board, and to the | 98 |
| extent it does not conflict with all relevant state and federal | 99 |
| privacy laws and policies, including the "Family Educational | 100 |
| Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as | 101 |
| amended, the department shall not release personally identifiable | 102 |
| information or student data to any federal, state, or local | 103 |
| agency, or other organization, except that release under any of | 104 |
| the following circumstances is permissible: | 105 |
| (a) A student transfers to a primary or secondary school out | 106 |
| of state or a school seeks help with locating an out-of-state | 107 |
| transfer. | 108 |
| (b) A student leaves the state to attend an out-of-state | 109 |
| institution of higher education or training program. | 110 |
| (c) A student voluntarily participates in a program for which | 111 |
| release of student or confidential data is a condition or | 112 |
| requirement of participation. | 113 |
| (d) The department enters into a contract that governs | 114 |
| databases, assessments, special education, or instructional | 115 |
| supports with an out-of-state contractor for the purpose of | 116 |
| state-level reporting. | 117 |
| (e) A student is classified as a "migratory child" for | 118 |
| purposes of the "Elementary and Secondary Education Act of 1965," | 119 |
| 20 U.S.C. 6399(2). | 120 |
| (f) A federal agency is performing a compliance review. | 121 |
| (B) The department shall develop a detailed data security | 122 |
| plan that contains the following: | 123 |
| (1) Guidelines for authorizing access to the student | 124 |
| statewide education data repository and to individual student data | 125 |
| including guidelines for authentication of authorized access; | 126 |
| (2) Privacy compliance standards; | 127 |
| (3) Privacy and security audits; | 128 |
| (4) Breach planning, notification, and procedures; | 129 |
| (5) Data retention and disposition policies; | 130 |
| (6) Data security policies, including electronic, physical, | 131 |
| and administrative safeguards, such as data encryption and | 132 |
| training of employees. | 133 |
| (C) The department shall maintain compliance with the "Family | 134 |
| Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 135 |
| U.S.C. 1232g, as amended, other relevant privacy laws and | 136 |
| policies, and the privacy and security policies and procedures | 137 |
| developed under sections 3301.94 to 3301.945 of the Revised Code. | 138 |
| (D) The department shall ensure that any contracts with | 139 |
| private vendors that govern the vendors' use of databases, | 140 |
| assessments, or instructional supports that include student or | 141 |
| redacted data include express provisions that safeguard privacy | 142 |
| and security and penalties for noncompliance. | 143 |
| (E)(1) The department shall annually provide the following | 144 |
| information to the governor and the general assembly in accordance | 145 |
| with section 101.68 of the Revised Code: | 146 |
| (a) Any new student data elements proposed for inclusion in | 147 |
| the statewide education data repository; | 148 |
| (b) Changes to existing data collections required for any | 149 |
| reason, including those made as a result of changes to federal | 150 |
| reporting requirements; | 151 |
| (c) An explanation of any exceptions granted by the state | 152 |
| board of education in the past year regarding the release of | 153 |
| student or redacted data; | 154 |
| (d) The results of any and all privacy compliance and | 155 |
| security audits completed in the past year. Notifications | 156 |
| regarding privacy compliance and security audits shall not include | 157 |
| information that poses a security threat to the state or local | 158 |
| student information systems or to the secure transmission of data | 159 |
| between state and local systems. | 160 |
| (2) Any collection of student data by the department that | 161 |
| exists prior to the effective date of this section shall not be | 162 |
| considered a proposed data collection. Student data collection | 163 |
| proposed on or after the effective date of this section shall | 164 |
| become a provisional requirement for one school year following its | 165 |
| introduction as a new requirement. | 166 |
| (3) The department shall announce any proposed student data | 167 |
| collection to the general public for a review and comment period | 168 |
| of at least sixty days prior to implementing that collection of | 169 |
| data. | 170 |
| Sec. 3301.945. (A) No public school shall be required by any | 171 |
| state law, any rule of the state board of education, or other | 172 |
| regulation or guideline of the department of education to submit | 173 |
| personally identifiable information of a student to any office, | 174 |
| agency, or department of the federal government. | 175 |
| (B) To the extent that it complies with the federal "Family | 176 |
| Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 177 |
| U.S.C. 1232g, as amended, no public school, without consent, shall | 178 |
| submit personally identifiable information of a student, including | 179 |
| any information that may be required to receive a grant pursuant | 180 |
| to the federal race to the top program, Division (A), Title XIV, | 181 |
| Sections 14005 and 14006 of the "American Recovery and | 182 |
| Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, to | 183 |
| any office, agency, or department of the federal government unless | 184 |
| the school's governing board has adopted a resolution approving | 185 |
| submission of the same. | 186 |
| (C) If a school's governing board adopts a resolution | 187 |
| pursuant to division (B) of this section approving submission of | 188 |
| personally identifiable information, that school shall develop and | 189 |
| publish criteria, policies, and procedures for the submission of | 190 |
| that data in compliance with the "Family Educational Rights and | 191 |
| Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, | 192 |
| other relevant privacy laws and policies, and the privacy and | 193 |
| security policies and procedures developed under sections 3301.94 | 194 |
| to 3301.945 of the Revised Code. | 195 |
| Sec. 3314.03. A copy of every contract entered into under | 196 |
| this section shall be filed with the superintendent of public | 197 |
| instruction. The department of education shall make available on | 198 |
| its web site a copy of every approved, executed contract filed | 199 |
| with the superintendent under this section. | 200 |
| (A) Each contract entered into between a sponsor and the | 201 |
| governing authority of a community school shall specify the | 202 |
| following: | 203 |
| (1) That the school shall be established as either of the | 204 |
| following: | 205 |
| (a) A nonprofit corporation established under Chapter 1702. | 206 |
| of the Revised Code, if established prior to April 8, 2003; | 207 |
| (b) A public benefit corporation established under Chapter | 208 |
| 1702. of the Revised Code, if established after April 8, 2003. | 209 |
| (2) The education program of the school, including the | 210 |
| school's mission, the characteristics of the students the school | 211 |
| is expected to attract, the ages and grades of students, and the | 212 |
| focus of the curriculum; | 213 |
| (3) The academic goals to be achieved and the method of | 214 |
| measurement that will be used to determine progress toward those | 215 |
| goals, which shall include the statewide achievement assessments; | 216 |
| (4) Performance standards by which the success of the school | 217 |
| will be evaluated by the sponsor; | 218 |
| (5) The admission standards of section 3314.06 of the Revised | 219 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 220 |
| (6)(a) Dismissal procedures; | 221 |
| (b) A requirement that the governing authority adopt an | 222 |
| attendance policy that includes a procedure for automatically | 223 |
| withdrawing a student from the school if the student without a | 224 |
| legitimate excuse fails to participate in one hundred five | 225 |
| consecutive hours of the learning opportunities offered to the | 226 |
| student. | 227 |
| (7) The ways by which the school will achieve racial and | 228 |
| ethnic balance reflective of the community it serves; | 229 |
| (8) Requirements for financial audits by the auditor of | 230 |
| state. The contract shall require financial records of the school | 231 |
| to be maintained in the same manner as are financial records of | 232 |
| school districts, pursuant to rules of the auditor of state. | 233 |
| Audits shall be conducted in accordance with section 117.10 of the | 234 |
| Revised Code. | 235 |
| (9) The facilities to be used and their locations; | 236 |
| (10) Qualifications of teachers, including a requirement that | 237 |
| the school's classroom teachers be licensed in accordance with | 238 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 239 |
| community school may engage noncertificated persons to teach up to | 240 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 241 |
| Code. | 242 |
| (11) That the school will comply with the following | 243 |
| requirements: | 244 |
| (a) The school will provide learning opportunities to a | 245 |
| minimum of twenty-five students for a minimum of nine hundred | 246 |
| twenty hours per school year. | 247 |
| (b) The governing authority will purchase liability | 248 |
| insurance, or otherwise provide for the potential liability of the | 249 |
| school. | 250 |
| (c) The school will be nonsectarian in its programs, | 251 |
| admission policies, employment practices, and all other | 252 |
| operations, and will not be operated by a sectarian school or | 253 |
| religious institution. | 254 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 255 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 256 |
| 3301.0712, 3301.0715, 3301.945, 3313.472, 3313.50, 3313.536, | 257 |
| 3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, | 258 |
| 3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, | 259 |
| 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, | 260 |
| 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, | 261 |
| 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, | 262 |
| 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, | 263 |
| 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, | 264 |
| 4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., | 265 |
| 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it | 266 |
| were a school district and will comply with section 3301.0714 of | 267 |
| the Revised Code in the manner specified in section 3314.17 of the | 268 |
| Revised Code. | 269 |
| (e) The school shall comply with Chapter 102. and section | 270 |
| 2921.42 of the Revised Code. | 271 |
| (f) The school will comply with sections 3313.61, 3313.611, | 272 |
| and 3313.614 of the Revised Code, except that for students who | 273 |
| enter ninth grade for the first time before July 1, 2010, the | 274 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 275 |
| that a person must successfully complete the curriculum in any | 276 |
| high school prior to receiving a high school diploma may be met by | 277 |
| completing the curriculum adopted by the governing authority of | 278 |
| the community school rather than the curriculum specified in Title | 279 |
| XXXIII of the Revised Code or any rules of the state board of | 280 |
| education. Beginning with students who enter ninth grade for the | 281 |
| first time on or after July 1, 2010, the requirement in sections | 282 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 283 |
| successfully complete the curriculum of a high school prior to | 284 |
| receiving a high school diploma shall be met by completing the | 285 |
| Ohio core curriculum prescribed in division (C) of section | 286 |
| 3313.603 of the Revised Code, unless the person qualifies under | 287 |
| division (D) or (F) of that section. Each school shall comply with | 288 |
| the plan for awarding high school credit based on demonstration of | 289 |
| subject area competency, adopted by the state board of education | 290 |
| under division (J) of section 3313.603 of the Revised Code. | 291 |
| (g) The school governing authority will submit within four | 292 |
| months after the end of each school year a report of its | 293 |
| activities and progress in meeting the goals and standards of | 294 |
| divisions (A)(3) and (4) of this section and its financial status | 295 |
| to the sponsor and the parents of all students enrolled in the | 296 |
| school. | 297 |
| (h) The school, unless it is an internet- or computer-based | 298 |
| community school, will comply with section 3313.801 of the Revised | 299 |
| Code as if it were a school district. | 300 |
| (i) If the school is the recipient of moneys from a grant | 301 |
| awarded under the federal race to the top program, Division (A), | 302 |
| Title XIV, Sections 14005 and 14006 of the "American Recovery and | 303 |
| Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 304 |
| school will pay teachers based upon performance in accordance with | 305 |
| section 3317.141 and will comply with section 3319.111 of the | 306 |
| Revised Code as if it were a school district. | 307 |
| (12) Arrangements for providing health and other benefits to | 308 |
| employees; | 309 |
| (13) The length of the contract, which shall begin at the | 310 |
| beginning of an academic year. No contract shall exceed five years | 311 |
| unless such contract has been renewed pursuant to division (E) of | 312 |
| this section. | 313 |
| (14) The governing authority of the school, which shall be | 314 |
| responsible for carrying out the provisions of the contract; | 315 |
| (15) A financial plan detailing an estimated school budget | 316 |
| for each year of the period of the contract and specifying the | 317 |
| total estimated per pupil expenditure amount for each such year. | 318 |
| (16) Requirements and procedures regarding the disposition of | 319 |
| employees of the school in the event the contract is terminated or | 320 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 321 |
| (17) Whether the school is to be created by converting all or | 322 |
| part of an existing public school or educational service center | 323 |
| building or is to be a new start-up school, and if it is a | 324 |
| converted public school or service center building, specification | 325 |
| of any duties or responsibilities of an employer that the board of | 326 |
| education or service center governing board that operated the | 327 |
| school or building before conversion is delegating to the | 328 |
| governing authority of the community school with respect to all or | 329 |
| any specified group of employees provided the delegation is not | 330 |
| prohibited by a collective bargaining agreement applicable to such | 331 |
| employees; | 332 |
| (18) Provisions establishing procedures for resolving | 333 |
| disputes or differences of opinion between the sponsor and the | 334 |
| governing authority of the community school; | 335 |
| (19) A provision requiring the governing authority to adopt a | 336 |
| policy regarding the admission of students who reside outside the | 337 |
| district in which the school is located. That policy shall comply | 338 |
| with the admissions procedures specified in sections 3314.06 and | 339 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 340 |
| authority, shall do one of the following: | 341 |
| (a) Prohibit the enrollment of students who reside outside | 342 |
| the district in which the school is located; | 343 |
| (b) Permit the enrollment of students who reside in districts | 344 |
| adjacent to the district in which the school is located; | 345 |
| (c) Permit the enrollment of students who reside in any other | 346 |
| district in the state. | 347 |
| (20) A provision recognizing the authority of the department | 348 |
| of education to take over the sponsorship of the school in | 349 |
| accordance with the provisions of division (C) of section 3314.015 | 350 |
| of the Revised Code; | 351 |
| (21) A provision recognizing the sponsor's authority to | 352 |
| assume the operation of a school under the conditions specified in | 353 |
| division (B) of section 3314.073 of the Revised Code; | 354 |
| (22) A provision recognizing both of the following: | 355 |
| (a) The authority of public health and safety officials to | 356 |
| inspect the facilities of the school and to order the facilities | 357 |
| closed if those officials find that the facilities are not in | 358 |
| compliance with health and safety laws and regulations; | 359 |
| (b) The authority of the department of education as the | 360 |
| community school oversight body to suspend the operation of the | 361 |
| school under section 3314.072 of the Revised Code if the | 362 |
| department has evidence of conditions or violations of law at the | 363 |
| school that pose an imminent danger to the health and safety of | 364 |
| the school's students and employees and the sponsor refuses to | 365 |
| take such action. | 366 |
| (23) A description of the learning opportunities that will be | 367 |
| offered to students including both classroom-based and | 368 |
| non-classroom-based learning opportunities that is in compliance | 369 |
| with criteria for student participation established by the | 370 |
| department under division (H)(2) of section 3314.08 of the Revised | 371 |
| Code; | 372 |
| (24) The school will comply with sections 3302.04 and | 373 |
| 3302.041 of the Revised Code, except that any action required to | 374 |
| be taken by a school district pursuant to those sections shall be | 375 |
| taken by the sponsor of the school. However, the sponsor shall not | 376 |
| be required to take any action described in division (F) of | 377 |
| section 3302.04 of the Revised Code. | 378 |
| (25) Beginning in the 2006-2007 school year, the school will | 379 |
| open for operation not later than the thirtieth day of September | 380 |
| each school year, unless the mission of the school as specified | 381 |
| under division (A)(2) of this section is solely to serve dropouts. | 382 |
| In its initial year of operation, if the school fails to open by | 383 |
| the thirtieth day of September, or within one year after the | 384 |
| adoption of the contract pursuant to division (D) of section | 385 |
| 3314.02 of the Revised Code if the mission of the school is solely | 386 |
| to serve dropouts, the contract shall be void. | 387 |
| (B) The community school shall also submit to the sponsor a | 388 |
| comprehensive plan for the school. The plan shall specify the | 389 |
| following: | 390 |
| (1) The process by which the governing authority of the | 391 |
| school will be selected in the future; | 392 |
| (2) The management and administration of the school; | 393 |
| (3) If the community school is a currently existing public | 394 |
| school or educational service center building, alternative | 395 |
| arrangements for current public school students who choose not to | 396 |
| attend the converted school and for teachers who choose not to | 397 |
| teach in the school or building after conversion; | 398 |
| (4) The instructional program and educational philosophy of | 399 |
| the school; | 400 |
| (5) Internal financial controls. | 401 |
| (C) A contract entered into under section 3314.02 of the | 402 |
| Revised Code between a sponsor and the governing authority of a | 403 |
| community school may provide for the community school governing | 404 |
| authority to make payments to the sponsor, which is hereby | 405 |
| authorized to receive such payments as set forth in the contract | 406 |
| between the governing authority and the sponsor. The total amount | 407 |
| of such payments for oversight and monitoring of the school shall | 408 |
| not exceed three per cent of the total amount of payments for | 409 |
| operating expenses that the school receives from the state. | 410 |
| (D) The contract shall specify the duties of the sponsor | 411 |
| which shall be in accordance with the written agreement entered | 412 |
| into with the department of education under division (B) of | 413 |
| section 3314.015 of the Revised Code and shall include the | 414 |
| following: | 415 |
| (1) Monitor the community school's compliance with all laws | 416 |
| applicable to the school and with the terms of the contract; | 417 |
| (2) Monitor and evaluate the academic and fiscal performance | 418 |
| and the organization and operation of the community school on at | 419 |
| least an annual basis; | 420 |
| (3) Report on an annual basis the results of the evaluation | 421 |
| conducted under division (D)(2) of this section to the department | 422 |
| of education and to the parents of students enrolled in the | 423 |
| community school; | 424 |
| (4) Provide technical assistance to the community school in | 425 |
| complying with laws applicable to the school and terms of the | 426 |
| contract; | 427 |
| (5) Take steps to intervene in the school's operation to | 428 |
| correct problems in the school's overall performance, declare the | 429 |
| school to be on probationary status pursuant to section 3314.073 | 430 |
| of the Revised Code, suspend the operation of the school pursuant | 431 |
| to section 3314.072 of the Revised Code, or terminate the contract | 432 |
| of the school pursuant to section 3314.07 of the Revised Code as | 433 |
| determined necessary by the sponsor; | 434 |
| (6) Have in place a plan of action to be undertaken in the | 435 |
| event the community school experiences financial difficulties or | 436 |
| closes prior to the end of a school year. | 437 |
| (E) Upon the expiration of a contract entered into under this | 438 |
| section, the sponsor of a community school may, with the approval | 439 |
| of the governing authority of the school, renew that contract for | 440 |
| a period of time determined by the sponsor, but not ending earlier | 441 |
| than the end of any school year, if the sponsor finds that the | 442 |
| school's compliance with applicable laws and terms of the contract | 443 |
| and the school's progress in meeting the academic goals prescribed | 444 |
| in the contract have been satisfactory. Any contract that is | 445 |
| renewed under this division remains subject to the provisions of | 446 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 447 |
| (F) If a community school fails to open for operation within | 448 |
| one year after the contract entered into under this section is | 449 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 450 |
| Code or permanently closes prior to the expiration of the | 451 |
| contract, the contract shall be void and the school shall not | 452 |
| enter into a contract with any other sponsor. A school shall not | 453 |
| be considered permanently closed because the operations of the | 454 |
| school have been suspended pursuant to section 3314.072 of the | 455 |
| Revised Code. | 456 |
| Sec. 3319.321. (A) No person shall release, or permit access | 457 |
| to, the directory information concerning any students attending a | 458 |
| public school to any person or group for use in a profit-making | 459 |
| plan or activity. Notwithstanding division (B)(4) of section | 460 |
| 149.43 of the Revised Code, a person may require disclosure of the | 461 |
| requestor's identity or the intended use of the directory | 462 |
| information concerning any students attending a public school to | 463 |
| ascertain whether the directory information is for use in a | 464 |
| profit-making plan or activity. | 465 |
| (B) No person shall release, or permit access to, personally | 466 |
| identifiable information other than directory information | 467 |
| concerning any student attending a public school, for purposes | 468 |
| other than those identified in division (C), (E), (G), or (H) of | 469 |
| this section, without the written consent of the parent, guardian, | 470 |
| or custodian of each such student who is less than eighteen years | 471 |
| of age, or without the written consent of each such student who is | 472 |
| eighteen years of age or older. | 473 |
| (1) For purposes of this section, "directory information" | 474 |
|
includes a student's name, address, telephone listing, | 475 |
| 476 | |
| officially recognized activities and sports, weight and height of | 477 |
| members of athletic teams, dates of attendance, date of | 478 |
| graduation, and awards received. | 479 |
| (2)(a) Except as provided in division (B)(2)(b) of this | 480 |
| section, no school district board of education shall impose any | 481 |
| restriction on the presentation of directory information that it | 482 |
| has designated as subject to release in accordance with the | 483 |
| "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, | 484 |
| 20 U.S.C. 1232q, as amended, to representatives of the armed | 485 |
| forces, business, industry, charitable institutions, other | 486 |
| employers, and institutions of higher education unless such | 487 |
| restriction is uniformly imposed on each of these types of | 488 |
| representatives, except that if a student eighteen years of age or | 489 |
| older or a student's parent, guardian, or custodian has informed | 490 |
| the board that any or all such information should not be released | 491 |
| without such person's prior written consent, the board shall not | 492 |
| release that information without such person's prior written | 493 |
| consent. | 494 |
| (b) The names and addresses of students in grades ten through | 495 |
| twelve shall be released to a recruiting officer for any branch of | 496 |
| the United States armed forces who requests such information, | 497 |
| except that such data shall not be released if the student or | 498 |
| student's parent, guardian, or custodian submits to the board a | 499 |
| written request not to release such data. Any data received by a | 500 |
| recruiting officer shall be used solely for the purpose of | 501 |
| providing information to students regarding military service and | 502 |
| shall not be released to any person other than individuals within | 503 |
| the recruiting services of the armed forces. | 504 |
| (3) Except for directory information and except as provided | 505 |
| in division (E), (G), or (H) of this section, information covered | 506 |
| by this section that is released shall only be transferred to a | 507 |
| third or subsequent party on the condition that such party will | 508 |
| not permit any other party to have access to such information | 509 |
| without written consent of the parent, guardian, or custodian, or | 510 |
| of the student who is eighteen years of age or older. | 511 |
| (4) Except as otherwise provided in this section, any parent | 512 |
| of a student may give the written parental consent required under | 513 |
| this section. Where parents are separated or divorced, the written | 514 |
| parental consent required under this section may be obtained from | 515 |
| either parent, subject to any agreement between such parents or | 516 |
| court order governing the rights of such parents. In the case of a | 517 |
| student whose legal guardian is in an institution, a person | 518 |
| independent of the institution who has no other conflicting | 519 |
| interests in the case shall be appointed by the board of education | 520 |
| of the school district in which the institution is located to give | 521 |
| the written parental consent required under this section. | 522 |
| (5)(a) A parent of a student who is not the student's | 523 |
| residential parent, upon request, shall be permitted access to any | 524 |
| records or information concerning the student under the same terms | 525 |
| and conditions under which access to the records or information is | 526 |
| available to the residential parent of that student, provided that | 527 |
| the access of the parent who is not the residential parent is | 528 |
| subject to any agreement between the parents, to division (F) of | 529 |
| this section, and, to the extent described in division (B)(5)(b) | 530 |
| of this section, is subject to any court order issued pursuant to | 531 |
| section 3109.051 of the Revised Code and any other court order | 532 |
| governing the rights of the parents. | 533 |
| (b) If the residential parent of a student has presented the | 534 |
| keeper of a record or information that is related to the student | 535 |
| with a copy of an order issued under division (H)(1) of section | 536 |
| 3109.051 of the Revised Code that limits the terms and conditions | 537 |
| under which the parent who is not the residential parent of the | 538 |
| student is to have access to records and information pertaining to | 539 |
| the student or with a copy of any other court order governing the | 540 |
| rights of the parents that so limits those terms and conditions, | 541 |
| and if the order pertains to the record or information in | 542 |
| question, the keeper of the record or information shall provide | 543 |
| access to the parent who is not the residential parent only to the | 544 |
| extent authorized in the order. If the residential parent has | 545 |
| presented the keeper of the record or information with such an | 546 |
| order, the keeper of the record shall permit the parent who is not | 547 |
| the residential parent to have access to the record or information | 548 |
| only in accordance with the most recent such order that has been | 549 |
| presented to the keeper by the residential parent or the parent | 550 |
| who is not the residential parent. | 551 |
| (6) Each school district board of education shall, prior to | 552 |
| the first day of August of each school year, publish on the school | 553 |
| district web site a list of entities to which directory | 554 |
| information was released during the previous school year. | 555 |
| (C) Nothing in this section shall limit the administrative | 556 |
| use of public school records by a person acting exclusively in the | 557 |
| person's capacity as an employee of a board of education or of the | 558 |
| state or any of its political subdivisions, any court, or the | 559 |
| federal government, and nothing in this section shall prevent the | 560 |
| transfer of a student's record to an educational institution for a | 561 |
| legitimate educational purpose. However, except as provided in | 562 |
| this section, public school records shall not be released or made | 563 |
| available for any other purpose. Fingerprints, photographs, or | 564 |
| records obtained pursuant to section 3313.96 or 3319.322 of the | 565 |
| Revised Code, or pursuant to division (E) of this section, or any | 566 |
| medical, psychological, guidance, counseling, or other information | 567 |
| that is derived from the use of the fingerprints, photographs, or | 568 |
| records, shall not be admissible as evidence against the minor who | 569 |
| is the subject of the fingerprints, photographs, or records in any | 570 |
| proceeding in any court. The provisions of this division regarding | 571 |
| the administrative use of records by an employee of the state or | 572 |
| any of its political subdivisions or of a court or the federal | 573 |
| government shall be applicable only when the use of the | 574 |
| information is required by a state statute adopted before November | 575 |
| 19, 1974, or by federal law. | 576 |
| (D) A board of education may require, subject to division (E) | 577 |
| of this section, a person seeking to obtain copies of public | 578 |
| school records to pay the cost of reproduction and, in the case of | 579 |
| data released under division (B)(2)(b) of this section, to pay for | 580 |
| any mailing costs, which payment shall not exceed the actual cost | 581 |
| to the school. | 582 |
| (E) A principal or chief administrative officer of a public | 583 |
| school, or any employee of a public school who is authorized to | 584 |
| handle school records, shall provide access to a student's records | 585 |
| to a law enforcement officer who indicates that the officer is | 586 |
| conducting an investigation and that the student is or may be a | 587 |
| missing child, as defined in section 2901.30 of the Revised Code. | 588 |
| Free copies of information in the student's record shall be | 589 |
| provided, upon request, to the law enforcement officer, if prior | 590 |
| approval is given by the student's parent, guardian, or legal | 591 |
| custodian. Information obtained by the officer shall be used | 592 |
| solely in the investigation of the case. The information may be | 593 |
| used by law enforcement agency personnel in any manner that is | 594 |
| appropriate in solving the case, including, but not limited to, | 595 |
| providing the information to other law enforcement officers and | 596 |
| agencies and to the bureau of criminal identification and | 597 |
| investigation for purposes of computer integration pursuant to | 598 |
| section 2901.30 of the Revised Code. | 599 |
| (F) No person shall release to a parent of a student who is | 600 |
| not the student's residential parent or to any other person, or | 601 |
| permit a parent of a student who is not the student's residential | 602 |
| parent or permit any other person to have access to, any | 603 |
| information about the location of any elementary or secondary | 604 |
| school to which a student has transferred or information that | 605 |
| would enable the parent who is not the student's residential | 606 |
| parent or the other person to determine the location of that | 607 |
| elementary or secondary school, if the elementary or secondary | 608 |
| school to which the student has transferred and that requested the | 609 |
| records of the student under section 3313.672 of the Revised Code | 610 |
| informs the elementary or secondary school from which the | 611 |
| student's records are obtained that the student is under the care | 612 |
| of a shelter for victims of domestic violence, as defined in | 613 |
| section 3113.33 of the Revised Code. | 614 |
| (G) A principal or chief administrative officer of a public | 615 |
| school, or any employee of a public school who is authorized to | 616 |
| handle school records, shall comply with any order issued pursuant | 617 |
| to division (D)(1) of section 2151.14 of the Revised Code, any | 618 |
| request for records that is properly made pursuant to division | 619 |
| (D)(3)(a) of section 2151.14 or division (A) of section 2151.141 | 620 |
| of the Revised Code, and any determination that is made by a court | 621 |
| pursuant to division (D)(3)(b) of section 2151.14 or division | 622 |
| (B)(1) of section 2151.141 of the Revised Code. | 623 |
| (H) Notwithstanding any provision of this section, a | 624 |
| principal of a public school, to the extent permitted by the | 625 |
| "Family Educational Rights and Privacy Act of 1974," shall make | 626 |
| the report required in section 3319.45 of the Revised Code that a | 627 |
| pupil committed any violation listed in division (A) of section | 628 |
| 3313.662 of the Revised Code on property owned or controlled by, | 629 |
| or at an activity held under the auspices of, the board of | 630 |
| education, regardless of whether the pupil was sixteen years of | 631 |
| age or older. The principal is not required to obtain the consent | 632 |
| of the pupil who is the subject of the report or the consent of | 633 |
| the pupil's parent, guardian, or custodian before making a report | 634 |
| pursuant to section 3319.45 of the Revised Code. | 635 |
| Sec. 3326.11. Each science, technology, engineering, and | 636 |
| mathematics school established under this chapter and its | 637 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 638 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 639 |
| 3301.0714, 3301.0715, 3301.945, 3313.14, 3313.15, 3313.16, | 640 |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 641 |
| 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, | 642 |
| 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, | 643 |
| 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 644 |
| 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 645 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, | 646 |
| 3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, | 647 |
| 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, | 648 |
| 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 649 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 650 |
| Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., | 651 |
| 4112., 4123., 4141., and 4167. of the Revised Code as if it were a | 652 |
| school district. | 653 |
| Sec. 3328.24. A college-preparatory boarding school | 654 |
| established under this chapter and its board of trustees shall | 655 |
| comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 656 |
| 3301.0714, 3301.945, 3313.6411, 3319.39, and 3319.391 of the | 657 |
| Revised Code as if the school were a school district and the | 658 |
| school's board of trustees were a district board of education. | 659 |
| Section 2. That existing sections 3314.03, 3319.321, | 660 |
| 3326.11, and 3328.24 of the Revised Code are hereby repealed. | 661 |
| Section 3. That the version of section 3326.11 of the Revised | 662 |
| Code that is scheduled to take effect on July 1, 2014, be amended | 663 |
| to read as follows: | 664 |
| Sec. 3326.11. Each science, technology, engineering, and | 665 |
| mathematics school established under this chapter and its | 666 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 667 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 668 |
| 3301.0714, 3301.0715, 3301.945, 3313.14, 3313.15, 3313.16, | 669 |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 670 |
| 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, | 671 |
| 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, | 672 |
| 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 673 |
| 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 674 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, | 675 |
| 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, | 676 |
| 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 677 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 678 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 679 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 680 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 681 |
| district. | 682 |
| Section 4. That the existing version of section 3326.11 of | 683 |
| the Revised Code that is scheduled to take effect on July 1, 2014, | 684 |
| is hereby repealed. | 685 |
| Section 5. Sections 3 and 4 of this act shall take effect on | 686 |
| July 1, 2014. | 687 |