As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 181


Representative Brenner 

Cosponsors: Representatives Adams, J., Stautberg, Roegner, Huffman, Buchy, Becker, Terhar, Henne, Young, Hood, Retherford, Lynch, Blair, Barnes, Damschroder, Hayes, Rosenberger, Smith, Stebelton Speaker Batchelder 



A BILL
To amend sections 3314.03, 3319.321, 3326.11, and 1
3328.24 and to enact sections 3301.942, 3301.943, 2
3301.944, 3301.945, and 3301.946 of the Revised 3
Code to prohibit submission of a student's 4
personal identifiable information to the federal 5
government without direct authorization of the 6
local school board, to modify the management and 7
facilitation of the statewide education data 8
repository, and to prohibit submission of student 9
names and addresses to multi-state assessment 10
consortia without written permission; to amend the 11
version of section 3326.11 of the Revised Code 12
that is scheduled to take effect July 1, 2014, to 13
continue the provisions of this act on or after 14
that effective date.15


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

       Section 1. That sections 3314.03, 3319.321, 3326.11, and 16
3328.24 be amended and sections 3301.942, 3301.943, 3301.944, 17
3301.945, and 3301.946 of the Revised Code be enacted to read as 18
follows:19

       Sec. 3301.942.  Sections 3301.942 to 3301.946 of the Revised 20
Code shall be known as the "Student Data Accountability Act."21

       As used in sections 3301.942 to 3301.946 of the Revised Code:22

       (A) "Aggregate data" means student data collected or reported 23
at the group, cohort, or institutional level, as opposed to data 24
at the individual student level.25

       (B) "Educational record" means any record, in any form or 26
medium that is directly related to a student by way of personally 27
identifiable information and that is maintained at the school 28
district or school level.29

       (C) "Parent" means a child's parent, guardian, or custodian.30

       (D) "Personally identifiable information" includes a 31
student's name, the name of the student's parent or other family 32
member, the address of the student or student's family, a personal 33
identifier, such as the student's social security number or 34
student number, a list of personal characteristics that would make 35
the student's identity easily traceable, or other information that 36
would make the student's identity easily traceable.37

       (E) "Redacted data" means any student data where personally 38
identifiable information has been removed or masked.39

       (F) "Statewide education data repository" means the data 40
repository established pursuant to section 3301.94 of the Revised 41
Code.42

       (G) "Student data" means data collected or reported at the 43
individual student level and included in a student's educational 44
record.45

       Sec. 3301.943.  (A) The department of education shall, on or 46
before the first day of September each year, establish and publish 47
a data inventory and dictionary or index of data elements with 48
definitions of individual student data fields in the statewide 49
education data repository, that shall include the following:50

       (1) Any individual student data elements required to be 51
reported by state or federal mandates;52

       (2) Any individual student data elements proposed for 53
inclusion in the statewide education data repository, with a 54
statement regarding the purpose or reason for the proposed 55
collection;56

       (3) Any individual student data elements that the state board 57
of education or department collects or maintains with no current 58
identified purpose;59

       (4) Any other student data elements the state board or 60
department collects for any other purpose, with a statement 61
regarding the purpose or reason for the collection.62

       (B) The department shall, on or before the first day of 63
September each year, develop and publish policies and procedures 64
to be utilized to maintain compliance with all relevant state and 65
federal privacy laws and policies, including the "Family 66
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 67
U.S.C. 1232g, as amended. Those policies and procedures shall 68
include a procedure for notifying parents and students of their 69
privacy rights and shall permit access to student data only to the 70
following individuals:71

       (1) The authorized staff of the department and the 72
contractors working on behalf of the department who require such 73
access to perform their assigned duties as required by law or as 74
defined by interagency data-sharing agreements;75

       (2) District and school administrators, teachers, and school 76
personnel who require such access to perform their assigned 77
duties;78

       (3) Students and their parents;79

       (4) The authorized staff of other state agencies as required 80
by law or as defined by interagency data-sharing agreements.81

       (C) The department shall, not less than sixty days prior to 82
implementation of any additions or changes to the data fields to 83
be collected, and in accordance with section 101.68 of the Revised 84
Code, notify the general assembly of such additions or changes.85

       (D) Not less than one hundred eighty days after the effective 86
date of this section, the state board shall adopt rules in 87
accordance with Chapter 119. of the Revised Code as necessary to 88
implement sections 3301.942 to 3301.946 of the Revised Code.89

       Sec. 3301.944.  (A) The department of education shall, on or 90
before the first day of September each year, develop criteria for 91
the approval of research and data requests from state and local 92
agencies, the general assembly, researchers working on behalf of 93
the department, and the public.94

       (1) Unless otherwise approved by the state board of 95
education, student data maintained by the department shall remain 96
confidential.97

       (2) Unless otherwise approved by the state board, the 98
department shall use only aggregate data when compiling public 99
reports and in response to research, data, or records requests.100

       (3) Unless otherwise approved by the state board, and to the 101
extent it does not conflict with all relevant state and federal 102
privacy laws and policies, including the "Family Educational 103
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as 104
amended, the department shall not release personally identifiable 105
information or student data to any federal, state, or local 106
agency, or other organization, except that release under any of 107
the following circumstances is permissible:108

       (a) A student transfers to a primary or secondary school out 109
of state or a school seeks help with locating an out-of-state 110
transfer.111

       (b) A student leaves the state to attend an out-of-state 112
institution of higher education or training program.113

       (c) A student voluntarily participates in a program for which 114
release of student or confidential data is a condition or 115
requirement of participation.116

       (d) The department enters into a contract that governs 117
databases, assessments, special education, or instructional 118
supports with an out-of-state contractor for the purpose of 119
state-level reporting.120

       (e) A student is classified as a "migratory child" for 121
purposes of the "Elementary and Secondary Education Act of 1965," 122
20 U.S.C. 6399(2).123

       (f) A federal agency is performing a compliance review.124

       (B) The department shall develop a detailed data security 125
plan that contains the following:126

       (1) Guidelines for authorizing access to the student 127
statewide education data repository and to individual student data 128
including guidelines for authentication of authorized access;129

       (2) Privacy compliance standards;130

       (3) Privacy and security audits;131

       (4) Breach planning, notification, and procedures;132

       (5) Data retention and disposition policies;133

       (6) Data security policies, including electronic, physical, 134
and administrative safeguards, such as data encryption and 135
training of employees.136

        (C) The department shall maintain compliance with the "Family 137
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 138
U.S.C. 1232g, as amended, other relevant privacy laws and 139
policies, and the privacy and security policies and procedures 140
developed under sections 3301.94 to 3301.946 of the Revised Code.141

       (D) The department shall ensure that any contracts with 142
private vendors that govern the vendors' use of databases, 143
assessments, or instructional supports that include student or 144
redacted data include express provisions that safeguard privacy 145
and security and penalties for noncompliance.146

       (E)(1) The department shall annually provide the following 147
information to the governor and the general assembly in accordance 148
with section 101.68 of the Revised Code:149

       (a) Any new student data elements proposed for inclusion in 150
the statewide education data repository;151

       (b) Changes to existing data collections required for any 152
reason, including those made as a result of changes to federal 153
reporting requirements;154

       (c) An explanation of any exceptions granted by the state 155
board of education in the past year regarding the release of 156
student or redacted data;157

       (d) The results of any and all privacy compliance and 158
security audits completed in the past year. Notifications 159
regarding privacy compliance and security audits shall not include 160
information that poses a security threat to the state or local 161
student information systems or to the secure transmission of data 162
between state and local systems.163

       (2) Any collection of student data by the department that 164
exists prior to the effective date of this section shall not be 165
considered a proposed data collection. Student data collection 166
proposed on or after the effective date of this section shall 167
become a provisional requirement for one school year following its 168
introduction as a new requirement. 169

       (3) The department shall announce any proposed student data 170
collection to the general public for a review and comment period 171
of at least sixty days prior to implementing that collection of 172
data.173

       Sec. 3301.945.  (A) No public school shall be required by any 174
state law, any rule of the state board of education, or other 175
regulation or guideline of the department of education to submit 176
personally identifiable information of a student to any office, 177
agency, or department of the federal government.178

        (B) To the extent that it complies with the federal "Family 179
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 180
U.S.C. 1232g, as amended, no public school, without consent, shall 181
submit personally identifiable information of a student, including 182
any information that may be required to receive a grant pursuant 183
to the federal race to the top program, Division (A), Title XIV, 184
Sections 14005 and 14006 of the "American Recovery and 185
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, to 186
any office, agency, or department of the federal government unless 187
the school's governing board has adopted a resolution approving 188
submission of the same.189

        (C) If a school's governing board adopts a resolution 190
pursuant to division (B) of this section approving submission of 191
personally identifiable information, that school shall develop and 192
publish criteria, policies, and procedures for the submission of 193
that data in compliance with the "Family Educational Rights and 194
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, 195
other relevant privacy laws and policies, and the privacy and 196
security policies and procedures developed under sections 3301.94 197
to 3301.946 of the Revised Code.198

       Sec. 3301.946.  Notwithstanding anything in the Revised Code 199
to the contrary, the department of education, any school district, 200
any school, or any third party under contract with the state, a 201
school district, or a school shall not provide student names and 202
addresses to any multi-state consortium that offers summative 203
assessments without written permission from the student's parent.204

       Sec. 3314.03.  A copy of every contract entered into under 205
this section shall be filed with the superintendent of public 206
instruction. The department of education shall make available on 207
its web site a copy of every approved, executed contract filed 208
with the superintendent under this section.209

       (A) Each contract entered into between a sponsor and the 210
governing authority of a community school shall specify the 211
following:212

       (1) That the school shall be established as either of the 213
following:214

       (a) A nonprofit corporation established under Chapter 1702. 215
of the Revised Code, if established prior to April 8, 2003;216

       (b) A public benefit corporation established under Chapter 217
1702. of the Revised Code, if established after April 8, 2003.218

       (2) The education program of the school, including the 219
school's mission, the characteristics of the students the school 220
is expected to attract, the ages and grades of students, and the 221
focus of the curriculum;222

       (3) The academic goals to be achieved and the method of 223
measurement that will be used to determine progress toward those 224
goals, which shall include the statewide achievement assessments;225

       (4) Performance standards by which the success of the school 226
will be evaluated by the sponsor;227

       (5) The admission standards of section 3314.06 of the Revised 228
Code and, if applicable, section 3314.061 of the Revised Code;229

       (6)(a) Dismissal procedures;230

       (b) A requirement that the governing authority adopt an 231
attendance policy that includes a procedure for automatically 232
withdrawing a student from the school if the student without a 233
legitimate excuse fails to participate in one hundred five 234
consecutive hours of the learning opportunities offered to the 235
student.236

       (7) The ways by which the school will achieve racial and 237
ethnic balance reflective of the community it serves;238

       (8) Requirements for financial audits by the auditor of 239
state. The contract shall require financial records of the school 240
to be maintained in the same manner as are financial records of 241
school districts, pursuant to rules of the auditor of state. 242
Audits shall be conducted in accordance with section 117.10 of the 243
Revised Code.244

       (9) The facilities to be used and their locations;245

       (10) Qualifications of teachers, including a requirement that 246
the school's classroom teachers be licensed in accordance with 247
sections 3319.22 to 3319.31 of the Revised Code, except that a 248
community school may engage noncertificated persons to teach up to 249
twelve hours per week pursuant to section 3319.301 of the Revised 250
Code.251

       (11) That the school will comply with the following 252
requirements:253

       (a) The school will provide learning opportunities to a 254
minimum of twenty-five students for a minimum of nine hundred 255
twenty hours per school year.256

       (b) The governing authority will purchase liability 257
insurance, or otherwise provide for the potential liability of the 258
school.259

       (c) The school will be nonsectarian in its programs, 260
admission policies, employment practices, and all other 261
operations, and will not be operated by a sectarian school or 262
religious institution.263

       (d) The school will comply with sections 9.90, 9.91, 109.65, 264
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 265
3301.0712, 3301.0715, 3301.945, 3301.946, 3313.472, 3313.50, 266
3313.536, 3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 267
3313.6014, 3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, 268
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 269
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 270
3313.719, 3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 271
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 272
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 273
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744., 274
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 275
as if it were a school district and will comply with section 276
3301.0714 of the Revised Code in the manner specified in section 277
3314.17 of the Revised Code.278

       (e) The school shall comply with Chapter 102. and section 279
2921.42 of the Revised Code.280

       (f) The school will comply with sections 3313.61, 3313.611, 281
and 3313.614 of the Revised Code, except that for students who 282
enter ninth grade for the first time before July 1, 2010, the 283
requirement in sections 3313.61 and 3313.611 of the Revised Code 284
that a person must successfully complete the curriculum in any 285
high school prior to receiving a high school diploma may be met by 286
completing the curriculum adopted by the governing authority of 287
the community school rather than the curriculum specified in Title 288
XXXIII of the Revised Code or any rules of the state board of 289
education. Beginning with students who enter ninth grade for the 290
first time on or after July 1, 2010, the requirement in sections 291
3313.61 and 3313.611 of the Revised Code that a person must 292
successfully complete the curriculum of a high school prior to 293
receiving a high school diploma shall be met by completing the 294
Ohio core curriculum prescribed in division (C) of section 295
3313.603 of the Revised Code, unless the person qualifies under 296
division (D) or (F) of that section. Each school shall comply with 297
the plan for awarding high school credit based on demonstration of 298
subject area competency, adopted by the state board of education 299
under division (J) of section 3313.603 of the Revised Code.300

       (g) The school governing authority will submit within four 301
months after the end of each school year a report of its 302
activities and progress in meeting the goals and standards of 303
divisions (A)(3) and (4) of this section and its financial status 304
to the sponsor and the parents of all students enrolled in the 305
school.306

       (h) The school, unless it is an internet- or computer-based 307
community school, will comply with section 3313.801 of the Revised 308
Code as if it were a school district.309

       (i) If the school is the recipient of moneys from a grant 310
awarded under the federal race to the top program, Division (A), 311
Title XIV, Sections 14005 and 14006 of the "American Recovery and 312
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 313
school will pay teachers based upon performance in accordance with 314
section 3317.141 and will comply with section 3319.111 of the 315
Revised Code as if it were a school district.316

       (12) Arrangements for providing health and other benefits to 317
employees;318

       (13) The length of the contract, which shall begin at the 319
beginning of an academic year. No contract shall exceed five years 320
unless such contract has been renewed pursuant to division (E) of 321
this section.322

       (14) The governing authority of the school, which shall be 323
responsible for carrying out the provisions of the contract;324

       (15) A financial plan detailing an estimated school budget 325
for each year of the period of the contract and specifying the 326
total estimated per pupil expenditure amount for each such year. 327

       (16) Requirements and procedures regarding the disposition of 328
employees of the school in the event the contract is terminated or 329
not renewed pursuant to section 3314.07 of the Revised Code;330

       (17) Whether the school is to be created by converting all or 331
part of an existing public school or educational service center 332
building or is to be a new start-up school, and if it is a 333
converted public school or service center building, specification 334
of any duties or responsibilities of an employer that the board of 335
education or service center governing board that operated the 336
school or building before conversion is delegating to the 337
governing authority of the community school with respect to all or 338
any specified group of employees provided the delegation is not 339
prohibited by a collective bargaining agreement applicable to such 340
employees;341

       (18) Provisions establishing procedures for resolving 342
disputes or differences of opinion between the sponsor and the 343
governing authority of the community school;344

       (19) A provision requiring the governing authority to adopt a 345
policy regarding the admission of students who reside outside the 346
district in which the school is located. That policy shall comply 347
with the admissions procedures specified in sections 3314.06 and 348
3314.061 of the Revised Code and, at the sole discretion of the 349
authority, shall do one of the following:350

       (a) Prohibit the enrollment of students who reside outside 351
the district in which the school is located;352

       (b) Permit the enrollment of students who reside in districts 353
adjacent to the district in which the school is located;354

       (c) Permit the enrollment of students who reside in any other 355
district in the state.356

       (20) A provision recognizing the authority of the department 357
of education to take over the sponsorship of the school in 358
accordance with the provisions of division (C) of section 3314.015 359
of the Revised Code;360

       (21) A provision recognizing the sponsor's authority to 361
assume the operation of a school under the conditions specified in 362
division (B) of section 3314.073 of the Revised Code;363

        (22) A provision recognizing both of the following:364

       (a) The authority of public health and safety officials to 365
inspect the facilities of the school and to order the facilities 366
closed if those officials find that the facilities are not in 367
compliance with health and safety laws and regulations;368

       (b) The authority of the department of education as the 369
community school oversight body to suspend the operation of the 370
school under section 3314.072 of the Revised Code if the 371
department has evidence of conditions or violations of law at the 372
school that pose an imminent danger to the health and safety of 373
the school's students and employees and the sponsor refuses to 374
take such action.375

        (23) A description of the learning opportunities that will be 376
offered to students including both classroom-based and 377
non-classroom-based learning opportunities that is in compliance 378
with criteria for student participation established by the 379
department under division (H)(2) of section 3314.08 of the Revised 380
Code;381

       (24) The school will comply with sections 3302.04 and 382
3302.041 of the Revised Code, except that any action required to 383
be taken by a school district pursuant to those sections shall be 384
taken by the sponsor of the school. However, the sponsor shall not 385
be required to take any action described in division (F) of 386
section 3302.04 of the Revised Code.387

       (25) Beginning in the 2006-2007 school year, the school will 388
open for operation not later than the thirtieth day of September 389
each school year, unless the mission of the school as specified 390
under division (A)(2) of this section is solely to serve dropouts. 391
In its initial year of operation, if the school fails to open by 392
the thirtieth day of September, or within one year after the 393
adoption of the contract pursuant to division (D) of section 394
3314.02 of the Revised Code if the mission of the school is solely 395
to serve dropouts, the contract shall be void.396

       (B) The community school shall also submit to the sponsor a 397
comprehensive plan for the school. The plan shall specify the 398
following:399

       (1) The process by which the governing authority of the 400
school will be selected in the future;401

       (2) The management and administration of the school;402

       (3) If the community school is a currently existing public 403
school or educational service center building, alternative 404
arrangements for current public school students who choose not to 405
attend the converted school and for teachers who choose not to 406
teach in the school or building after conversion;407

       (4) The instructional program and educational philosophy of 408
the school;409

       (5) Internal financial controls.410

       (C) A contract entered into under section 3314.02 of the 411
Revised Code between a sponsor and the governing authority of a 412
community school may provide for the community school governing 413
authority to make payments to the sponsor, which is hereby 414
authorized to receive such payments as set forth in the contract 415
between the governing authority and the sponsor. The total amount 416
of such payments for oversight and monitoring of the school shall 417
not exceed three per cent of the total amount of payments for 418
operating expenses that the school receives from the state.419

       (D) The contract shall specify the duties of the sponsor 420
which shall be in accordance with the written agreement entered 421
into with the department of education under division (B) of 422
section 3314.015 of the Revised Code and shall include the 423
following:424

        (1) Monitor the community school's compliance with all laws 425
applicable to the school and with the terms of the contract;426

        (2) Monitor and evaluate the academic and fiscal performance 427
and the organization and operation of the community school on at 428
least an annual basis;429

        (3) Report on an annual basis the results of the evaluation 430
conducted under division (D)(2) of this section to the department 431
of education and to the parents of students enrolled in the 432
community school;433

        (4) Provide technical assistance to the community school in 434
complying with laws applicable to the school and terms of the 435
contract;436

        (5) Take steps to intervene in the school's operation to 437
correct problems in the school's overall performance, declare the 438
school to be on probationary status pursuant to section 3314.073 439
of the Revised Code, suspend the operation of the school pursuant 440
to section 3314.072 of the Revised Code, or terminate the contract 441
of the school pursuant to section 3314.07 of the Revised Code as 442
determined necessary by the sponsor;443

        (6) Have in place a plan of action to be undertaken in the 444
event the community school experiences financial difficulties or 445
closes prior to the end of a school year.446

        (E) Upon the expiration of a contract entered into under this 447
section, the sponsor of a community school may, with the approval 448
of the governing authority of the school, renew that contract for 449
a period of time determined by the sponsor, but not ending earlier 450
than the end of any school year, if the sponsor finds that the 451
school's compliance with applicable laws and terms of the contract 452
and the school's progress in meeting the academic goals prescribed 453
in the contract have been satisfactory. Any contract that is 454
renewed under this division remains subject to the provisions of 455
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.456

       (F) If a community school fails to open for operation within 457
one year after the contract entered into under this section is 458
adopted pursuant to division (D) of section 3314.02 of the Revised 459
Code or permanently closes prior to the expiration of the 460
contract, the contract shall be void and the school shall not 461
enter into a contract with any other sponsor. A school shall not 462
be considered permanently closed because the operations of the 463
school have been suspended pursuant to section 3314.072 of the 464
Revised Code. 465

       Sec. 3319.321.  (A) No person shall release, or permit access 466
to, the directory information concerning any students attending a 467
public school to any person or group for use in a profit-making 468
plan or activity. Notwithstanding division (B)(4) of section 469
149.43 of the Revised Code, a person may require disclosure of the 470
requestor's identity or the intended use of the directory 471
information concerning any students attending a public school to 472
ascertain whether the directory information is for use in a 473
profit-making plan or activity.474

       (B) No person shall release, or permit access to, personally 475
identifiable information other than directory information 476
concerning any student attending a public school, for purposes 477
other than those identified in division (C), (E), (G), or (H) of 478
this section, without the written consent of the parent, guardian, 479
or custodian of each such student who is less than eighteen years 480
of age, or without the written consent of each such student who is 481
eighteen years of age or older.482

       (1) For purposes of this section, "directory information" 483
includes a student's name, address, telephone listing, date and 484
placeyear of birth, major field of study, participation in 485
officially recognized activities and sports, weight and height of 486
members of athletic teams, dates of attendance, date of 487
graduation, and awards received.488

       (2)(a) Except as provided in division (B)(2)(b) of this 489
section, no school district board of education shall impose any 490
restriction on the presentation of directory information that it 491
has designated as subject to release in accordance with the 492
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 493
20 U.S.C. 1232q, as amended, to representatives of the armed 494
forces, business, industry, charitable institutions, other 495
employers, and institutions of higher education unless such 496
restriction is uniformly imposed on each of these types of 497
representatives, except that if a student eighteen years of age or 498
older or a student's parent, guardian, or custodian has informed 499
the board that any or all such information should not be released 500
without such person's prior written consent, the board shall not 501
release that information without such person's prior written 502
consent.503

       (b) The names and addresses of students in grades ten through 504
twelve shall be released to a recruiting officer for any branch of 505
the United States armed forces who requests such information, 506
except that such data shall not be released if the student or 507
student's parent, guardian, or custodian submits to the board a 508
written request not to release such data. Any data received by a 509
recruiting officer shall be used solely for the purpose of 510
providing information to students regarding military service and 511
shall not be released to any person other than individuals within 512
the recruiting services of the armed forces.513

       (3) Except for directory information and except as provided 514
in division (E), (G), or (H) of this section, information covered 515
by this section that is released shall only be transferred to a 516
third or subsequent party on the condition that such party will 517
not permit any other party to have access to such information 518
without written consent of the parent, guardian, or custodian, or 519
of the student who is eighteen years of age or older.520

       (4) Except as otherwise provided in this section, any parent 521
of a student may give the written parental consent required under 522
this section. Where parents are separated or divorced, the written 523
parental consent required under this section may be obtained from 524
either parent, subject to any agreement between such parents or 525
court order governing the rights of such parents. In the case of a 526
student whose legal guardian is in an institution, a person 527
independent of the institution who has no other conflicting 528
interests in the case shall be appointed by the board of education 529
of the school district in which the institution is located to give 530
the written parental consent required under this section.531

       (5)(a) A parent of a student who is not the student's 532
residential parent, upon request, shall be permitted access to any 533
records or information concerning the student under the same terms 534
and conditions under which access to the records or information is 535
available to the residential parent of that student, provided that 536
the access of the parent who is not the residential parent is 537
subject to any agreement between the parents, to division (F) of 538
this section, and, to the extent described in division (B)(5)(b) 539
of this section, is subject to any court order issued pursuant to 540
section 3109.051 of the Revised Code and any other court order 541
governing the rights of the parents.542

       (b) If the residential parent of a student has presented the 543
keeper of a record or information that is related to the student 544
with a copy of an order issued under division (H)(1) of section 545
3109.051 of the Revised Code that limits the terms and conditions 546
under which the parent who is not the residential parent of the 547
student is to have access to records and information pertaining to 548
the student or with a copy of any other court order governing the 549
rights of the parents that so limits those terms and conditions, 550
and if the order pertains to the record or information in 551
question, the keeper of the record or information shall provide 552
access to the parent who is not the residential parent only to the 553
extent authorized in the order. If the residential parent has 554
presented the keeper of the record or information with such an 555
order, the keeper of the record shall permit the parent who is not 556
the residential parent to have access to the record or information 557
only in accordance with the most recent such order that has been 558
presented to the keeper by the residential parent or the parent 559
who is not the residential parent.560

       (6) Each school district board of education shall, prior to 561
the first day of August of each school year, publish on the school 562
district web site a list of entities to which directory 563
information was released during the previous school year.564

       (C) Nothing in this section shall limit the administrative 565
use of public school records by a person acting exclusively in the 566
person's capacity as an employee of a board of education or of the 567
state or any of its political subdivisions, any court, or the 568
federal government, and nothing in this section shall prevent the 569
transfer of a student's record to an educational institution for a 570
legitimate educational purpose. However, except as provided in 571
this section, public school records shall not be released or made 572
available for any other purpose. Fingerprints, photographs, or 573
records obtained pursuant to section 3313.96 or 3319.322 of the 574
Revised Code, or pursuant to division (E) of this section, or any 575
medical, psychological, guidance, counseling, or other information 576
that is derived from the use of the fingerprints, photographs, or 577
records, shall not be admissible as evidence against the minor who 578
is the subject of the fingerprints, photographs, or records in any 579
proceeding in any court. The provisions of this division regarding 580
the administrative use of records by an employee of the state or 581
any of its political subdivisions or of a court or the federal 582
government shall be applicable only when the use of the 583
information is required by a state statute adopted before November 584
19, 1974, or by federal law.585

       (D) A board of education may require, subject to division (E) 586
of this section, a person seeking to obtain copies of public 587
school records to pay the cost of reproduction and, in the case of 588
data released under division (B)(2)(b) of this section, to pay for 589
any mailing costs, which payment shall not exceed the actual cost 590
to the school.591

       (E) A principal or chief administrative officer of a public 592
school, or any employee of a public school who is authorized to 593
handle school records, shall provide access to a student's records 594
to a law enforcement officer who indicates that the officer is 595
conducting an investigation and that the student is or may be a 596
missing child, as defined in section 2901.30 of the Revised Code. 597
Free copies of information in the student's record shall be 598
provided, upon request, to the law enforcement officer, if prior 599
approval is given by the student's parent, guardian, or legal 600
custodian. Information obtained by the officer shall be used 601
solely in the investigation of the case. The information may be 602
used by law enforcement agency personnel in any manner that is 603
appropriate in solving the case, including, but not limited to, 604
providing the information to other law enforcement officers and 605
agencies and to the bureau of criminal identification and 606
investigation for purposes of computer integration pursuant to 607
section 2901.30 of the Revised Code.608

       (F) No person shall release to a parent of a student who is 609
not the student's residential parent or to any other person, or 610
permit a parent of a student who is not the student's residential 611
parent or permit any other person to have access to, any 612
information about the location of any elementary or secondary 613
school to which a student has transferred or information that 614
would enable the parent who is not the student's residential 615
parent or the other person to determine the location of that 616
elementary or secondary school, if the elementary or secondary 617
school to which the student has transferred and that requested the 618
records of the student under section 3313.672 of the Revised Code 619
informs the elementary or secondary school from which the 620
student's records are obtained that the student is under the care 621
of a shelter for victims of domestic violence, as defined in 622
section 3113.33 of the Revised Code.623

       (G) A principal or chief administrative officer of a public 624
school, or any employee of a public school who is authorized to 625
handle school records, shall comply with any order issued pursuant 626
to division (D)(1) of section 2151.14 of the Revised Code, any 627
request for records that is properly made pursuant to division 628
(D)(3)(a) of section 2151.14 or division (A) of section 2151.141 629
of the Revised Code, and any determination that is made by a court 630
pursuant to division (D)(3)(b) of section 2151.14 or division 631
(B)(1) of section 2151.141 of the Revised Code.632

       (H) Notwithstanding any provision of this section, a 633
principal of a public school, to the extent permitted by the 634
"Family Educational Rights and Privacy Act of 1974," shall make 635
the report required in section 3319.45 of the Revised Code that a 636
pupil committed any violation listed in division (A) of section 637
3313.662 of the Revised Code on property owned or controlled by, 638
or at an activity held under the auspices of, the board of 639
education, regardless of whether the pupil was sixteen years of 640
age or older. The principal is not required to obtain the consent 641
of the pupil who is the subject of the report or the consent of 642
the pupil's parent, guardian, or custodian before making a report 643
pursuant to section 3319.45 of the Revised Code.644

       Sec. 3326.11. Each science, technology, engineering, and 645
mathematics school established under this chapter and its 646
governing body shall comply with sections 9.90, 9.91, 109.65, 647
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 648
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15, 649
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 650
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 651
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 652
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 653
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 654
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 655
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 656
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 657
3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 658
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 659
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 660
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 661
as if it were a school district.662

       Sec. 3328.24. A college-preparatory boarding school 663
established under this chapter and its board of trustees shall 664
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 665
3301.0714, 3301.945, 3301.946, 3313.6411, 3319.39, and 3319.391 of 666
the Revised Code as if the school were a school district and the 667
school's board of trustees were a district board of education.668

       Section 2.  That existing sections 3314.03, 3319.321, 669
3326.11, and 3328.24 of the Revised Code are hereby repealed.670

       Section 3. That the version of section 3326.11 of the Revised 671
Code that is scheduled to take effect on July 1, 2014, be amended 672
to read as follows:673

       Sec. 3326.11. Each science, technology, engineering, and 674
mathematics school established under this chapter and its 675
governing body shall comply with sections 9.90, 9.91, 109.65, 676
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 677
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15, 678
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 679
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 680
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 681
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 682
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 683
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 684
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 685
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 686
3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 687
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 688
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 689
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 690
as if it were a school district.691

       Section 4. That the existing version of section 3326.11 of 692
the Revised Code that is scheduled to take effect on July 1, 2014, 693
is hereby repealed.694

       Section 5. Sections 3 and 4 of this act shall take effect on 695
July 1, 2014.696