H. B. No. 631 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 631

Representative Henne

Cosponsors: Representatives Bishoff, Derickson, Ruhl

A BILL

To amend sections 149.43 and 3319.111 and to enact

section 3319.113 of the Revised Code and to amend

the version of section 149.43 of the Revised Code

that is scheduled to take effect on March 20,

2015, to continue the provisions of this act on

and after that effective date to exclude

evaluations conducted pursuant to the Ohio Teacher

Evaluation System from the Public Records Law and

to exempt teachers participating in the Ohio

Teacher Residency Program from those evaluations.

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

Section 1. That sections 149.43 and 3319.111 of the Revised	11
Code be amended and section 3319.113 of the Revised Code be	12
enacted to read as follows:	13

Sec. 149.43. (A) As used in this section:

(1) "Public record" means records kept by any public office,	15
including, but not limited to, state, county, city, village,	16
township, and school district units, and records pertaining to the	17
delivery of educational services by an alternative school in this	18
state kept by the nonprofit or for-profit entity operating the	19
alternative school pursuant to section 3313.533 of the Revised	20
Code. "Public record" does not mean any of the following:	21

(a) Medical records;

(b) Records pertaining to probation and parole proceedings or	23
to proceedings related to the imposition of community control	24
sanctions and post-release control sanctions;	25

(c) Records pertaining to actions under section 2151.85 and	26
division (C) of section 2919.121 of the Revised Code and to	27
appeals of actions arising under those sections;	28

(d) Records pertaining to adoption proceedings, including the	29
contents of an adoption file maintained by the department of	30
health under section 3705.12 of the Revised Code;	31

(e) Information in a record contained in the putative father	32
registry established by section 3107.062 of the Revised Code,	33
regardless of whether the information is held by the department of	34
job and family services or, pursuant to section 3111.69 of the	35
Revised Code, the office of child support in the department or a	36
child support enforcement agency;	37

(f) Records listed in division (A) of section 3107.42 of the	38
Revised Code or specified in division (A) of section 3107.52 of	39
the Revised Code;	40

(g) Trial preparation records;

(h) Confidential law enforcement investigatory records;

(i) Records containing information that is confidential under	43
section 2710.03 or 4112.05 of the Revised Code;	44

(j) DNA records stored in the DNA database pursuant to	45
section 109.573 of the Revised Code;	46

(k) Inmate records released by the department of	47
rehabilitation and correction to the department of youth services	48
or a court of record pursuant to division (E) of section 5120.21	49
of the Revised Code;	50

(l) Records maintained by the department of youth services	51
pertaining to children in its custody released by the department	52
of youth services to the department of rehabilitation and	53
correction pursuant to section 5139.05 of the Revised Code;	54

(m) Intellectual property records;

(n) Donor profile records;

(o) Records maintained by the department of job and family	57
services pursuant to section 3121.894 of the Revised Code;	58

(p) Peace officer, parole officer, probation officer,	59
bailiff, prosecuting attorney, assistant prosecuting attorney,	60
correctional employee, community-based correctional facility	61
employee, youth services employee, firefighter, EMT, or	62
investigator of the bureau of criminal identification and	63
investigation residential and familial information;	64

(q) In the case of a county hospital operated pursuant to	65
Chapter 339. of the Revised Code or a municipal hospital operated	66
pursuant to Chapter 749. of the Revised Code, information that	67
constitutes a trade secret, as defined in section 1333.61 of the	68
Revised Code;	69

(r) Information pertaining to the recreational activities of	70
a person under the age of eighteen;	71

(s) Records provided to, statements made by review board	72
members during meetings of, and all work products of a child	73
fatality review board acting under sections 307.621 to 307.629 of	74
the Revised Code, and child fatality review data submitted by the	75
child fatality review board to the department of health or a	76
national child death review database, other than the report	77
prepared pursuant to division (A) of section 307.626 of the	78
Revised Code;	79

(t) Records provided to and statements made by the executive	80
director of a public children services agency or a prosecuting	81
attorney acting pursuant to section 5153.171 of the Revised Code	82
other than the information released under that section;	83

(u) Test materials, examinations, or evaluation tools used in	84
an examination for licensure as a nursing home administrator that	85
the board of executives of long-term services and supports	86
administers under section 4751.04 of the Revised Code or contracts	87
under that section with a private or government entity to	88
administer;	89

(v) Records the release of which is prohibited by state or	90
federal law;	91

(w) Proprietary information of or relating to any person that	92
is submitted to or compiled by the Ohio venture capital authority	93
created under section 150.01 of the Revised Code;	94

(x) Financial statements and data any person submits for any	95
purpose to the Ohio housing finance agency or the controlling	96
board in connection with applying for, receiving, or accounting	97
for financial assistance from the agency, and information that	98
identifies any individual who benefits directly or indirectly from	99
financial assistance from the agency;	100

(y) Records listed in section 5101.29 of the Revised Code;

101

(z) Discharges recorded with a county recorder under section	102
317.24 of the Revised Code, as specified in division (B)(2) of	103
that section;	104

(aa) Usage information including names and addresses of	105
specific residential and commercial customers of a municipally	106
owned or operated public utility;	107

(bb) Records described in division (C) of section 187.04 of	108
the Revised Code that are not designated to be made available to	109
the public as provided in that division;	110

(cc) Any record associated with the evaluation of a teacher	111
pursuant to division (C) of section 3319.111 of the Revised Code,	112
including any written report of the results of an evaluation.	113

(2) "Confidential law enforcement investigatory record" means	114
any record that pertains to a law enforcement matter of a	115
criminal, quasi-criminal, civil, or administrative nature, but	116
only to the extent that the release of the record would create a	117
high probability of disclosure of any of the following:	118

(a) The identity of a suspect who has not been charged with	119
the offense to which the record pertains, or of an information	120
source or witness to whom confidentiality has been reasonably	121
promised;	122

(b) Information provided by an information source or witness	123
to whom confidentiality has been reasonably promised, which	124
information would reasonably tend to disclose the source's or	125
witness's identity;	126

(c) Specific confidential investigatory techniques or	127
procedures or specific investigatory work product;	128

(d) Information that would endanger the life or physical	129
safety of law enforcement personnel, a crime victim, a witness, or	130
a confidential information source.	131

(3) "Medical record" means any document or combination of	132
documents, except births, deaths, and the fact of admission to or	133
discharge from a hospital, that pertains to the medical history,	134
diagnosis, prognosis, or medical condition of a patient and that	135
is generated and maintained in the process of medical treatment.	136

(4) "Trial preparation record" means any record that contains	137
information that is specifically compiled in reasonable	138
anticipation of, or in defense of, a civil or criminal action or	139
proceeding, including the independent thought processes and	140
personal trial preparation of an attorney.	141

(5) "Intellectual property record" means a record, other than	142
a financial or administrative record, that is produced or	143
collected by or for faculty or staff of a state institution of	144
higher learning in the conduct of or as a result of study or	145
research on an educational, commercial, scientific, artistic,	146
technical, or scholarly issue, regardless of whether the study or	147
research was sponsored by the institution alone or in conjunction	148
with a governmental body or private concern, and that has not been	149
publicly released, published, or patented.	150

(6) "Donor profile record" means all records about donors or	151
potential donors to a public institution of higher education	152
except the names and reported addresses of the actual donors and	153
the date, amount, and conditions of the actual donation.	154

(7) "Peace officer, parole officer, probation officer,	155
bailiff, prosecuting attorney, assistant prosecuting attorney,	156
correctional employee, community-based correctional facility	157
employee, youth services employee, firefighter, EMT, or	158
investigator of the bureau of criminal identification and	159
investigation residential and familial information" means any	160
information that discloses any of the following about a peace	161
officer, parole officer, probation officer, bailiff, prosecuting	162
attorney, assistant prosecuting attorney, correctional employee,	163
community-based correctional facility employee, youth services	164
employee, firefighter, EMT, or investigator of the bureau of	165
criminal identification and investigation:	166

(a) The address of the actual personal residence of a peace	167
officer, parole officer, probation officer, bailiff, assistant	168
prosecuting attorney, correctional employee, community-based	169
correctional facility employee, youth services employee,	170
firefighter, EMT, or an investigator of the bureau of criminal	171
identification and investigation, except for the state or	172
political subdivision in which the peace officer, parole officer,	173
probation officer, bailiff, assistant prosecuting attorney,	174
correctional employee, community-based correctional facility	175
employee, youth services employee, firefighter, EMT, or	176
investigator of the bureau of criminal identification and	177
investigation resides;	178

(b) Information compiled from referral to or participation in	179
an employee assistance program;	180

(c) The social security number, the residential telephone	181
number, any bank account, debit card, charge card, or credit card	182
number, or the emergency telephone number of, or any medical	183
information pertaining to, a peace officer, parole officer,	184
probation officer, bailiff, prosecuting attorney, assistant	185
prosecuting attorney, correctional employee, community-based	186
correctional facility employee, youth services employee,	187
firefighter, EMT, or investigator of the bureau of criminal	188
identification and investigation;	189

(d) The name of any beneficiary of employment benefits,	190
including, but not limited to, life insurance benefits, provided	191
to a peace officer, parole officer, probation officer, bailiff,	192
prosecuting attorney, assistant prosecuting attorney, correctional	193
employee, community-based correctional facility employee, youth	194
services employee, firefighter, EMT, or investigator of the bureau	195
of criminal identification and investigation by the peace	196
officer's, parole officer's, probation officer's, bailiff's,	197
prosecuting attorney's, assistant prosecuting attorney's,	198
correctional employee's, community-based correctional facility	199
employee's, youth services employee's, firefighter's, EMT's, or	200
investigator of the bureau of criminal identification and	201
investigation's employer;	202

(e) The identity and amount of any charitable or employment	203
benefit deduction made by the peace officer's, parole officer's,	204
probation officer's, bailiff's, prosecuting attorney's, assistant	205
prosecuting attorney's, correctional employee's, community-based	206
correctional facility employee's, youth services employee's,	207
firefighter's, EMT's, or investigator of the bureau of criminal	208
identification and investigation's employer from the peace	209
officer's, parole officer's, probation officer's, bailiff's,	210
prosecuting attorney's, assistant prosecuting attorney's,	211
correctional employee's, community-based correctional facility	212
employee's, youth services employee's, firefighter's, EMT's, or	213
investigator of the bureau of criminal identification and	214
investigation's compensation unless the amount of the deduction is	215
required by state or federal law;	216

(f) The name, the residential address, the name of the	217
employer, the address of the employer, the social security number,	218
the residential telephone number, any bank account, debit card,	219
charge card, or credit card number, or the emergency telephone	220
number of the spouse, a former spouse, or any child of a peace	221
officer, parole officer, probation officer, bailiff, prosecuting	222
attorney, assistant prosecuting attorney, correctional employee,	223
community-based correctional facility employee, youth services	224
employee, firefighter, EMT, or investigator of the bureau of	225
criminal identification and investigation;	226

(g) A photograph of a peace officer who holds a position or	227
has an assignment that may include undercover or plain clothes	228
positions or assignments as determined by the peace officer's	229
appointing authority.	230

As used in divisions (A)(7) and (B)(9) of this section,	231
"peace officer" has the same meaning as in section 109.71 of the	232
Revised Code and also includes the superintendent and troopers of	233
the state highway patrol; it does not include the sheriff of a	234
county or a supervisory employee who, in the absence of the	235
sheriff, is authorized to stand in for, exercise the authority of,	236
and perform the duties of the sheriff.	237

As used in divisions (A)(7) and (B)~~(5)~~(9) of this section,	238
"correctional employee" means any employee of the department of	239
rehabilitation and correction who in the course of performing the	240
employee's job duties has or has had contact with inmates and	241
persons under supervision.	242

As used in divisions (A)(7) and (B)~~(5)~~(9) of this section,	243
"youth services employee" means any employee of the department of	244
youth services who in the course of performing the employee's job	245
duties has or has had contact with children committed to the	246
custody of the department of youth services.	247

As used in divisions (A)(7) and (B)(9) of this section,	248
"firefighter" means any regular, paid or volunteer, member of a	249
lawfully constituted fire department of a municipal corporation,	250
township, fire district, or village.	251

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	252
means EMTs-basic, EMTs-I, and paramedics that provide emergency	253
medical services for a public emergency medical service	254
organization. "Emergency medical service organization,"	255
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	256
section 4765.01 of the Revised Code.	257

As used in divisions (A)(7) and (B)(9) of this section,	258
"investigator of the bureau of criminal identification and	259
investigation" has the meaning defined in section 2903.11 of the	260
Revised Code.	261

(8) "Information pertaining to the recreational activities of	262
a person under the age of eighteen" means information that is kept	263
in the ordinary course of business by a public office, that	264
pertains to the recreational activities of a person under the age	265
of eighteen years, and that discloses any of the following:	266

(a) The address or telephone number of a person under the age	267
of eighteen or the address or telephone number of that person's	268
parent, guardian, custodian, or emergency contact person;	269

(b) The social security number, birth date, or photographic	270
image of a person under the age of eighteen;	271

(c) Any medical record, history, or information pertaining to	272
a person under the age of eighteen;	273

(d) Any additional information sought or required about a	274
person under the age of eighteen for the purpose of allowing that	275
person to participate in any recreational activity conducted or	276
sponsored by a public office or to use or obtain admission	277
privileges to any recreational facility owned or operated by a	278
public office.	279

(9) "Community control sanction" has the same meaning as in	280
section 2929.01 of the Revised Code.	281

(10) "Post-release control sanction" has the same meaning as	282
in section 2967.01 of the Revised Code.	283

(11) "Redaction" means obscuring or deleting any information	284
that is exempt from the duty to permit public inspection or	285
copying from an item that otherwise meets the definition of a	286
"record" in section 149.011 of the Revised Code.	287

(12) "Designee" and "elected official" have the same meanings	288
as in section 109.43 of the Revised Code.	289

(B)(1) Upon request and subject to division (B)(8) of this	290
section, all public records responsive to the request shall be	291
promptly prepared and made available for inspection to any person	292
at all reasonable times during regular business hours. Subject to	293
division (B)(8) of this section, upon request, a public office or	294
person responsible for public records shall make copies of the	295
requested public record available at cost and within a reasonable	296
period of time. If a public record contains information that is	297
exempt from the duty to permit public inspection or to copy the	298
public record, the public office or the person responsible for the	299
public record shall make available all of the information within	300
the public record that is not exempt. When making that public	301
record available for public inspection or copying that public	302
record, the public office or the person responsible for the public	303
record shall notify the requester of any redaction or make the	304
redaction plainly visible. A redaction shall be deemed a denial of	305
a request to inspect or copy the redacted information, except if	306
federal or state law authorizes or requires a public office to	307
make the redaction.	308

(2) To facilitate broader access to public records, a public	309
office or the person responsible for public records shall organize	310
and maintain public records in a manner that they can be made	311
available for inspection or copying in accordance with division	312
(B) of this section. A public office also shall have available a	313
copy of its current records retention schedule at a location	314
readily available to the public. If a requester makes an ambiguous	315
or overly broad request or has difficulty in making a request for	316
copies or inspection of public records under this section such	317
that the public office or the person responsible for the requested	318
public record cannot reasonably identify what public records are	319
being requested, the public office or the person responsible for	320
the requested public record may deny the request but shall provide	321
the requester with an opportunity to revise the request by	322
informing the requester of the manner in which records are	323
maintained by the public office and accessed in the ordinary	324
course of the public office's or person's duties.	325

(3) If a request is ultimately denied, in part or in whole,	326
the public office or the person responsible for the requested	327
public record shall provide the requester with an explanation,	328
including legal authority, setting forth why the request was	329
denied. If the initial request was provided in writing, the	330
explanation also shall be provided to the requester in writing.	331
The explanation shall not preclude the public office or the person	332
responsible for the requested public record from relying upon	333
additional reasons or legal authority in defending an action	334
commenced under division (C) of this section.	335

(4) Unless specifically required or authorized by state or	336
federal law or in accordance with division (B) of this section, no	337
public office or person responsible for public records may limit	338
or condition the availability of public records by requiring	339
disclosure of the requester's identity or the intended use of the	340
requested public record. Any requirement that the requester	341
disclose the requestor's identity or the intended use of the	342
requested public record constitutes a denial of the request.	343

(5) A public office or person responsible for public records	344
may ask a requester to make the request in writing, may ask for	345
the requester's identity, and may inquire about the intended use	346
of the information requested, but may do so only after disclosing	347
to the requester that a written request is not mandatory and that	348
the requester may decline to reveal the requester's identity or	349
the intended use and when a written request or disclosure of the	350
identity or intended use would benefit the requester by enhancing	351
the ability of the public office or person responsible for public	352
records to identify, locate, or deliver the public records sought	353
by the requester.	354

(6) If any person chooses to obtain a copy of a public record	355
in accordance with division (B) of this section, the public office	356
or person responsible for the public record may require that	357
person to pay in advance the cost involved in providing the copy	358
of the public record in accordance with the choice made by the	359
person seeking the copy under this division. The public office or	360
the person responsible for the public record shall permit that	361
person to choose to have the public record duplicated upon paper,	362
upon the same medium upon which the public office or person	363
responsible for the public record keeps it, or upon any other	364
medium upon which the public office or person responsible for the	365
public record determines that it reasonably can be duplicated as	366
an integral part of the normal operations of the public office or	367
person responsible for the public record. When the person seeking	368
the copy makes a choice under this division, the public office or	369
person responsible for the public record shall provide a copy of	370
it in accordance with the choice made by the person seeking the	371
copy. Nothing in this section requires a public office or person	372
responsible for the public record to allow the person seeking a	373
copy of the public record to make the copies of the public record.	374

(7) Upon a request made in accordance with division (B) of	375
this section and subject to division (B)(6) of this section, a	376
public office or person responsible for public records shall	377
transmit a copy of a public record to any person by United States	378
mail or by any other means of delivery or transmission within a	379
reasonable period of time after receiving the request for the	380
copy. The public office or person responsible for the public	381
record may require the person making the request to pay in advance	382
the cost of postage if the copy is transmitted by United States	383
mail or the cost of delivery if the copy is transmitted other than	384
by United States mail, and to pay in advance the costs incurred	385
for other supplies used in the mailing, delivery, or transmission.	386

Any public office may adopt a policy and procedures that it	387
will follow in transmitting, within a reasonable period of time	388
after receiving a request, copies of public records by United	389
States mail or by any other means of delivery or transmission	390
pursuant to this division. A public office that adopts a policy	391
and procedures under this division shall comply with them in	392
performing its duties under this division.	393

In any policy and procedures adopted under this division, a	394
public office may limit the number of records requested by a	395
person that the office will transmit by United States mail to ten	396
per month, unless the person certifies to the office in writing	397
that the person does not intend to use or forward the requested	398
records, or the information contained in them, for commercial	399
purposes. For purposes of this division, "commercial" shall be	400
narrowly construed and does not include reporting or gathering	401
news, reporting or gathering information to assist citizen	402
oversight or understanding of the operation or activities of	403
government, or nonprofit educational research.	404

(8) A public office or person responsible for public records	405
is not required to permit a person who is incarcerated pursuant to	406
a criminal conviction or a juvenile adjudication to inspect or to	407
obtain a copy of any public record concerning a criminal	408
investigation or prosecution or concerning what would be a	409
criminal investigation or prosecution if the subject of the	410
investigation or prosecution were an adult, unless the request to	411
inspect or to obtain a copy of the record is for the purpose of	412
acquiring information that is subject to release as a public	413
record under this section and the judge who imposed the sentence	414
or made the adjudication with respect to the person, or the	415
judge's successor in office, finds that the information sought in	416
the public record is necessary to support what appears to be a	417
justiciable claim of the person.	418

(9)(a) Upon written request made and signed by a journalist	419
on or after December 16, 1999, a public office, or person	420
responsible for public records, having custody of the records of	421
the agency employing a specified peace officer, parole officer,	422
probation officer, bailiff, prosecuting attorney, assistant	423
prosecuting attorney, correctional employee, community-based	424
correctional facility employee, youth services employee,	425
firefighter, EMT, or investigator of the bureau of criminal	426
identification and investigation shall disclose to the journalist	427
the address of the actual personal residence of the peace officer,	428
parole officer, probation officer, bailiff, prosecuting attorney,	429
assistant prosecuting attorney, correctional employee,	430
community-based correctional facility employee, youth services	431
employee, firefighter, EMT, or investigator of the bureau of	432
criminal identification and investigation and, if the peace	433
officer's, parole officer's, probation officer's, bailiff's,	434
prosecuting attorney's, assistant prosecuting attorney's,	435
correctional employee's, community-based correctional facility	436
employee's, youth services employee's, firefighter's, EMT's, or	437
investigator of the bureau of criminal identification and	438
investigation's spouse, former spouse, or child is employed by a	439
public office, the name and address of the employer of the peace	440
officer's, parole officer's, probation officer's, bailiff's,	441
prosecuting attorney's, assistant prosecuting attorney's,	442
correctional employee's, community-based correctional facility	443
employee's, youth services employee's, firefighter's, EMT's, or	444
investigator of the bureau of criminal identification and	445
investigation's spouse, former spouse, or child. The request shall	446
include the journalist's name and title and the name and address	447
of the journalist's employer and shall state that disclosure of	448
the information sought would be in the public interest.	449

(b) Division (B)(9)(a) of this section also applies to	450
journalist requests for customer information maintained by a	451
municipally owned or operated public utility, other than social	452
security numbers and any private financial information such as	453
credit reports, payment methods, credit card numbers, and bank	454
account information.	455

(c) As used in division (B)(9) of this section, "journalist"	456
means a person engaged in, connected with, or employed by any news	457
medium, including a newspaper, magazine, press association, news	458
agency, or wire service, a radio or television station, or a	459
similar medium, for the purpose of gathering, processing,	460
transmitting, compiling, editing, or disseminating information for	461
the general public.	462

(C)(1) If a person allegedly is aggrieved by the failure of a	463
public office or the person responsible for public records to	464
promptly prepare a public record and to make it available to the	465
person for inspection in accordance with division (B) of this	466
section or by any other failure of a public office or the person	467
responsible for public records to comply with an obligation in	468
accordance with division (B) of this section, the person allegedly	469
aggrieved may commence a mandamus action to obtain a judgment that	470
orders the public office or the person responsible for the public	471
record to comply with division (B) of this section, that awards	472
court costs and reasonable attorney's fees to the person that	473
instituted the mandamus action, and, if applicable, that includes	474
an order fixing statutory damages under division (C)(1) of this	475
section. The mandamus action may be commenced in the court of	476
common pleas of the county in which division (B) of this section	477
allegedly was not complied with, in the supreme court pursuant to	478
its original jurisdiction under Section 2 of Article IV, Ohio	479
Constitution, or in the court of appeals for the appellate	480
district in which division (B) of this section allegedly was not	481
complied with pursuant to its original jurisdiction under Section	482
3 of Article IV, Ohio Constitution.	483

If a requestor transmits a written request by hand delivery	484
or certified mail to inspect or receive copies of any public	485
record in a manner that fairly describes the public record or	486
class of public records to the public office or person responsible	487
for the requested public records, except as otherwise provided in	488
this section, the requestor shall be entitled to recover the	489
amount of statutory damages set forth in this division if a court	490
determines that the public office or the person responsible for	491
public records failed to comply with an obligation in accordance	492
with division (B) of this section.	493

The amount of statutory damages shall be fixed at one hundred	494
dollars for each business day during which the public office or	495
person responsible for the requested public records failed to	496
comply with an obligation in accordance with division (B) of this	497
section, beginning with the day on which the requester files a	498
mandamus action to recover statutory damages, up to a maximum of	499
one thousand dollars. The award of statutory damages shall not be	500
construed as a penalty, but as compensation for injury arising	501
from lost use of the requested information. The existence of this	502
injury shall be conclusively presumed. The award of statutory	503
damages shall be in addition to all other remedies authorized by	504
this section.	505

The court may reduce an award of statutory damages or not	506
award statutory damages if the court determines both of the	507
following:	508

(a) That, based on the ordinary application of statutory law	509
and case law as it existed at the time of the conduct or	510
threatened conduct of the public office or person responsible for	511
the requested public records that allegedly constitutes a failure	512
to comply with an obligation in accordance with division (B) of	513
this section and that was the basis of the mandamus action, a	514
well-informed public office or person responsible for the	515
requested public records reasonably would believe that the conduct	516
or threatened conduct of the public office or person responsible	517
for the requested public records did not constitute a failure to	518
comply with an obligation in accordance with division (B) of this	519
section;	520

(b) That a well-informed public office or person responsible	521
for the requested public records reasonably would believe that the	522
conduct or threatened conduct of the public office or person	523
responsible for the requested public records would serve the	524
public policy that underlies the authority that is asserted as	525
permitting that conduct or threatened conduct.	526

(2)(a) If the court issues a writ of mandamus that orders the	527
public office or the person responsible for the public record to	528
comply with division (B) of this section and determines that the	529
circumstances described in division (C)(1) of this section exist,	530
the court shall determine and award to the relator all court	531
costs.	532

(b) If the court renders a judgment that orders the public	533
office or the person responsible for the public record to comply	534
with division (B) of this section, the court may award reasonable	535
attorney's fees subject to reduction as described in division	536
(C)(2)(c) of this section. The court shall award reasonable	537
attorney's fees, subject to reduction as described in division	538
(C)(2)(c) of this section when either of the following applies:	539

(i) The public office or the person responsible for the	540
public records failed to respond affirmatively or negatively to	541
the public records request in accordance with the time allowed	542
under division (B) of this section.	543

(ii) The public office or the person responsible for the	544
public records promised to permit the relator to inspect or	545
receive copies of the public records requested within a specified	546
period of time but failed to fulfill that promise within that	547
specified period of time.	548

(c) Court costs and reasonable attorney's fees awarded under	549
this section shall be construed as remedial and not punitive.	550
Reasonable attorney's fees shall include reasonable fees incurred	551
to produce proof of the reasonableness and amount of the fees and	552
to otherwise litigate entitlement to the fees. The court may	553
reduce an award of attorney's fees to the relator or not award	554
attorney's fees to the relator if the court determines both of the	555
following:	556

(i) That, based on the ordinary application of statutory law	557
and case law as it existed at the time of the conduct or	558
threatened conduct of the public office or person responsible for	559
the requested public records that allegedly constitutes a failure	560
to comply with an obligation in accordance with division (B) of	561
this section and that was the basis of the mandamus action, a	562
well-informed public office or person responsible for the	563
requested public records reasonably would believe that the conduct	564
or threatened conduct of the public office or person responsible	565
for the requested public records did not constitute a failure to	566
comply with an obligation in accordance with division (B) of this	567
section;	568

(ii) That a well-informed public office or person responsible	569
for the requested public records reasonably would believe that the	570
conduct or threatened conduct of the public office or person	571
responsible for the requested public records as described in	572
division (C)(2)(c)(i) of this section would serve the public	573
policy that underlies the authority that is asserted as permitting	574
that conduct or threatened conduct.	575

(D) Chapter 1347. of the Revised Code does not limit the	576
provisions of this section.	577

(E)(1) To ensure that all employees of public offices are	578
appropriately educated about a public office's obligations under	579
division (B) of this section, all elected officials or their	580
appropriate designees shall attend training approved by the	581
attorney general as provided in section 109.43 of the Revised	582
Code. In addition, all public offices shall adopt a public records	583
policy in compliance with this section for responding to public	584
records requests. In adopting a public records policy under this	585
division, a public office may obtain guidance from the model	586
public records policy developed and provided to the public office	587
by the attorney general under section 109.43 of the Revised Code.	588
Except as otherwise provided in this section, the policy may not	589
limit the number of public records that the public office will	590
make available to a single person, may not limit the number of	591
public records that it will make available during a fixed period	592
of time, and may not establish a fixed period of time before it	593
will respond to a request for inspection or copying of public	594
records, unless that period is less than eight hours.	595

(2) The public office shall distribute the public records	596
policy adopted by the public office under division (E)(1) of this	597
section to the employee of the public office who is the records	598
custodian or records manager or otherwise has custody of the	599
records of that office. The public office shall require that	600
employee to acknowledge receipt of the copy of the public records	601
policy. The public office shall create a poster that describes its	602
public records policy and shall post the poster in a conspicuous	603
place in the public office and in all locations where the public	604
office has branch offices. The public office may post its public	605
records policy on the internet web site of the public office if	606
the public office maintains an internet web site. A public office	607
that has established a manual or handbook of its general policies	608
and procedures for all employees of the public office shall	609
include the public records policy of the public office in the	610
manual or handbook.	611

(F)(1) The bureau of motor vehicles may adopt rules pursuant	612
to Chapter 119. of the Revised Code to reasonably limit the number	613
of bulk commercial special extraction requests made by a person	614
for the same records or for updated records during a calendar	615
year. The rules may include provisions for charges to be made for	616
bulk commercial special extraction requests for the actual cost of	617
the bureau, plus special extraction costs, plus ten per cent. The	618
bureau may charge for expenses for redacting information, the	619
release of which is prohibited by law.	620

(2) As used in division (F)(1) of this section:

621

(a) "Actual cost" means the cost of depleted supplies,	622
records storage media costs, actual mailing and alternative	623
delivery costs, or other transmitting costs, and any direct	624
equipment operating and maintenance costs, including actual costs	625
paid to private contractors for copying services.	626

(b) "Bulk commercial special extraction request" means a	627
request for copies of a record for information in a format other	628
than the format already available, or information that cannot be	629
extracted without examination of all items in a records series,	630
class of records, or database by a person who intends to use or	631
forward the copies for surveys, marketing, solicitation, or resale	632
for commercial purposes. "Bulk commercial special extraction	633
request" does not include a request by a person who gives	634
assurance to the bureau that the person making the request does	635
not intend to use or forward the requested copies for surveys,	636
marketing, solicitation, or resale for commercial purposes.	637

(c) "Commercial" means profit-seeking production, buying, or	638
selling of any good, service, or other product.	639

(d) "Special extraction costs" means the cost of the time	640
spent by the lowest paid employee competent to perform the task,	641
the actual amount paid to outside private contractors employed by	642
the bureau, or the actual cost incurred to create computer	643
programs to make the special extraction. "Special extraction	644
costs" include any charges paid to a public agency for computer or	645
records services.	646

(3) For purposes of divisions (F)(1) and (2) of this section,	647
"surveys, marketing, solicitation, or resale for commercial	648
purposes" shall be narrowly construed and does not include	649
reporting or gathering news, reporting or gathering information to	650
assist citizen oversight or understanding of the operation or	651
activities of government, or nonprofit educational research.	652

Sec. 3319.111. Notwithstanding section 3319.09 and subject to	653
section 3319.113 of the Revised Code, this section applies to any	654
person who is employed under a teacher license issued under this	655
chapter, or under a professional or permanent teacher's	656
certificate issued under former section 3319.222 of the Revised	657
Code, and who spends at least fifty per cent of the time employed	658
providing student instruction. However, this section does not	659
apply to any person who is employed as a substitute teacher or as	660
an instructor of adult education.	661

(A) Not later than July 1, 2013, the board of education of	662
each school district, in consultation with teachers employed by	663
the board, shall adopt a standards-based teacher evaluation policy	664
that conforms with the framework for evaluation of teachers	665
developed under section 3319.112 of the Revised Code. The policy	666
shall become operative at the expiration of any collective	667
bargaining agreement covering teachers employed by the board that	668
is in effect on September 29, 2011, and shall be included in any	669
renewal or extension of such an agreement.	670

(B) When using measures of student academic growth as a	671
component of a teacher's evaluation, those measures shall include	672
the value-added progress dimension prescribed by section 3302.021	673
of the Revised Code or an alternative student academic progress	674
measure if adopted under division (C)(1)(e) of section 3302.03 of	675
the Revised Code. For teachers of grade levels and subjects for	676
which the value-added progress dimension or alternative student	677
academic progress measure is not applicable, the board shall	678
administer assessments on the list developed under division (B)(2)	679
of section 3319.112 of the Revised Code.	680

(C)(1) The board shall conduct an evaluation of each teacher	681
employed by the board at least once each school year, except as	682
provided in division (C)(2) of this section. The evaluation shall	683
be completed by the first day of May and the teacher shall receive	684
a written report of the results of the evaluation by the tenth day	685
of May.	686

(2)(a) The board may evaluate each teacher who received a	687
rating of accomplished on the teacher's most recent evaluation	688
conducted under this section once every three school years, so	689
long as the teacher's student academic growth measure, for the	690
most recent school year for which data is available, is average or	691
higher, as determined by the department of education.	692

(b) The board may evaluate each teacher who received a rating	693
of skilled on the teacher's most recent evaluation conducted under	694
this section once every two years, so long as the teacher's	695
student academic growth measure, for the most recent school year	696
for which data is available, is average or higher, as determined	697
by the department of education.	698

(c) For each teacher who is evaluated pursuant to division	699
(C)(2) of this section, the evaluation shall be completed by the	700
first day of May of the applicable school year, and the teacher	701
shall receive a written report of the results of the evaluation by	702
the tenth day of May of that school year.	703

(d) Beginning with the 2014-2015 school year, the board may	704
elect not to conduct an evaluation of a teacher who meets one of	705
the following requirements:	706

(i) The teacher was on leave from the school district for	707
fifty per cent or more of the school year, as calculated by the	708
board.	709

(ii) The teacher has submitted notice of retirement and that	710
notice has been accepted by the board not later than the first day	711
of December of the school year in which the evaluation is	712
otherwise scheduled to be conducted.	713

(3) In any year that a teacher is not formally evaluated	714
pursuant to division (C) of this section as a result of receiving	715
a rating of accomplished or skilled on the teacher's most recent	716
evaluation, an individual qualified to evaluate a teacher under	717
division (D) of this section shall conduct at least one	718
observation of the teacher and hold at least one conference with	719
the teacher.	720

(D) Each evaluation conducted pursuant to this section shall	721
be conducted by one or more of the following persons who hold a	722
credential established by the department of education for being an	723
evaluator:	724

(1) A person who is under contract with the board pursuant to	725
section 3319.01 or 3319.02 of the Revised Code and holds a license	726
designated for being a superintendent, assistant superintendent,	727
or principal issued under section 3319.22 of the Revised Code;	728

(2) A person who is under contract with the board pursuant to	729
section 3319.02 of the Revised Code and holds a license designated	730
for being a vocational director, administrative specialist, or	731
supervisor in any educational area issued under section 3319.22 of	732
the Revised Code;	733

(3) A person designated to conduct evaluations under an	734
agreement entered into by the board, including an agreement	735
providing for peer review entered into by the board and	736
representatives of teachers employed by the board;	737

(4) A person who is employed by an entity contracted by the	738
board to conduct evaluations and who holds a license designated	739
for being a superintendent, assistant superintendent, principal,	740
vocational director, administrative specialist, or supervisor in	741
any educational area issued under section 3319.22 of the Revised	742
Code or is qualified to conduct evaluations.	743

(E) Notwithstanding division (A)(3) of section 3319.112 of	744
the Revised Code:	745

(1) The board shall require at least three formal	746
observations of each teacher who is under consideration for	747
nonrenewal and with whom the board has entered into a limited	748
contract or an extended limited contract under section 3319.11 of	749
the Revised Code.	750

(2) The board may elect, by adoption of a resolution, to	751
require only one formal observation of a teacher who received a	752
rating of accomplished on the teacher's most recent evaluation	753
conducted under this section, provided the teacher completes a	754
project that has been approved by the board to demonstrate the	755
teacher's continued growth and practice at the accomplished level.	756

(F) The board shall include in its evaluation policy	757
procedures for using the evaluation results for retention and	758
promotion decisions and for removal of poorly performing teachers.	759
Seniority shall not be the basis for a decision to retain a	760
teacher, except when making a decision between teachers who have	761
comparable evaluations.	762

(G) For purposes of section 3333.0411 of the Revised Code,	763
the board annually shall report to the department of education the	764
number of teachers for whom an evaluation was conducted under this	765
section and the number of teachers assigned each rating prescribed	766
under division (B)(1) of section 3319.112 of the Revised Code,	767
aggregated by the teacher preparation programs from which and the	768
years in which the teachers graduated. The department shall	769
establish guidelines for reporting the information required by	770
this division. The guidelines shall not permit or require that the	771
name of, or any other personally identifiable information about,	772
any teacher be reported under this division.	773

(H) Notwithstanding any provision to the contrary in Chapter	774
4117. of the Revised Code, the requirements of this section	775
prevail over any conflicting provisions of a collective bargaining	776
agreement entered into on or after September 24, 2012.	777

Sec. 3319.113. The board of education of a school district	778
shall not conduct an evaluation pursuant to section 3319.111 of	779
the Revised Code of any teacher during the time in which that	780
teacher is participating in the Ohio teacher residency program	781
established by section 3319.223 of the Revised Code.	782

Section 2. That existing sections 149.43 and 3319.111 of the	783
Revised Code are hereby repealed.	784

Section 3. That the version of section 149.43 of the Revised	785
Code that is scheduled to take effect on March 20, 2015, be	786
amended to read as follows:	787