The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 396 |
REPRESENTATIVES MEAD-GARDNER-REID-TIBERI-SCHULER-JONES-GARCIA-
THOMAS-COLONNA-CORBIN-PRINGLE-O'BRIEN-TAVARES-BRADING-
ROMAN-HARRIS-WINKLER-BENDER-OLMAN-FOX-LUCAS-PATTON-LEWIS-
AMSTUTZ-OPFER-VESPER-JOHNSON-MOTTL-WHALEN-SALERNO-MOTTLEY-
BOYD-MAIER-HAINES-PERZ-TERWILLEGER-OGG-KREBS-HOUSEHOLDER-
SENATORS FURNEY-SHOEMAKER-OELSLAGER-SCHAFRATH-KEARNS-
DRAKE-LATELL-DiDONATO-DIX-GARDNER-HOWARD-FINAN-HAGAN
A BILL
To amend sections 2950.11,
3301.50, 3301.52, 3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58,
3313.61, 3325.08, and 5104.02 and to enact section 3301.581 of the Revised
Code to permit the
"home" school districts of students receiving high school
diplomas from the
State School for the Blind or State School for the Deaf also to grant these
students high school
diplomas and to require "home" districts to grant diplomas
to such students
if they meet the graduation requirements of the
district; to require Head Start
programs to be licensed by the Department of Education instead of the
Department of Human Services;
to require the Department of Education to issue annual
reports concerning its inspections of preschool and school child programs;
to eliminate provisions that permit exempt child day-care entities to elect to
be licensed by the Department of Human Services and that make the election
irrevocable;
and to
maintain the provisions of this act on and after July 1, 1998,
by amending the version of section 3313.61 of the Revised Code
that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.11,
3301.50, 3301.52, 3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58,
3313.61, 3325.08, and 5104.02 be amended and section 3301.581 of the Revised
Code be enacted to
read as follows:
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in division (B) of
this section to be given to the persons identified in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or pleaded
guilty
to, a sexually oriented offense, and if the offender has been
adjudicated as being a sexual predator relative to the sexually
oriented offense and the court has not subsequently determined pursuant to
division (D) of section 2950.09 of the Revised Code that the offender no
longer is a sexual predator or the offender has been determined pursuant to
division (C) of section 2950.09 of the Revised Code to be a
habitual sex offender and the court has imposed a requirement under that
division subjecting the habitual sex offender to this section, the
sheriff with whom the offender has most recently
registered under section 2950.04 or 2950.05 of the
Revised Code, within the period of time specified in
division (C) of this section, shall provide a written notice
containing the information set forth in division (B) of this section
to all of the following persons:
(1) All occupants of residences adjacent to the offender's place of
residence that are located within the county served by the sheriff and all
additional neighbors of the offender who are within any category
that the attorney general by rule adopted under section 2950.13 of the Revised
Code requires to be provided the notice and who reside within the county
served by the sheriff;
(2) The executive director of the public children services agency, as
defined in section 2151.011 of the Revised
Code, that has jurisdiction within the specified geographical
notification area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a school district
that has schools within the specified geographical notification area and that
is located within the county served by the sheriff;
(4) The appointing or hiring officer of each chartered nonpublic school
located within the specified geographical notification area and within the
county served by the sheriff or of each other school
located within the specified geographical notification area and within the
county served by the sheriff and that is not
operated by a board of education
described in division (A)(3) of this section;
(5) The director, head teacher, or elementary principal, OR
SITE ADMINISTRATOR of each
preschool program governed by Chapter 3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the sheriff;
(6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified geographical notification area and within the county
served by the sheriff, and the provider of each
certified type B family day-care home that is located
within the specified geographical notification area and within the county
served by the sheriff. As used in this division, "child day-care center,"
"type A family day-care home," and "certified type B family day-care home"
have the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of each
institution of higher education, as defined in
section 2907.03 of the Revised Code, that is located within
the specified geographical notification area and within the county served by
the sheriff, and the chief
law enforcement officer of the state university law enforcement
agency or campus police department established under section
3345.04 or 1713.50 of the Revised Code, if any, that serves
that institution.;
(8) The sheriff of each county that includes any portion of the specified
geographical notification area.;
(9) If the offender resides within the county served by the sheriff, the
chief of police, marshal, or other chief law enforcement officer of the
municipal corporation in which the offender resides or, if the offender
resides in an unincorporated area, the constable or chief of the
police department or police district police force of the
township in which the offender resides.
(B) The notice required under division (A) of this section shall include all
of the following information regarding the subject offender:
(1) The offender's name;
(2) The address or addresses at which the offender resides;
(3) The sexually oriented offense of which the offender was convicted or
to which the offender pleaded guilty;
(4) A statement that the offender has been adjudicated as being a sexual
predator and that, as of the date of the notice, the court has not entered a
determination that the offender no longer
is a sexual predator, or a
statement that the sentencing judge has determined that the offender is a
habitual sex offender.
(C) If a sheriff with whom an offender registers under section
2950.04 or 2950.05 of the Revised Code is required by division
(A) of this section to provide notices regarding an offender and if, pursuant
to that requirement, the sheriff provides a notice to a sheriff of one
or more other counties in accordance with division (A)(8) of this section, the
sheriff of each of the other counties who is provided notice
under division (A)(8) of this section shall provide the notices described in
divisions
(A)(1) to (7) and (A)(9) of this section to each
person or entity identified within those divisions that is
located within the geographical notification area and within the
county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C)
of this section to provide notices regarding an offender shall provide the
notice to the neighbors that is described in division (A)(1) of this
section and the notices to law enforcement personnel that are described in
divisions (A)(8) and (9) of this section no later than seventy-two
hours after the
offender registers with the sheriff or, if the sheriff is required by division
(C) to provide the notices, no later than seventy-two hours after the sheriff
is provided the notice described in division (A)(8) of this section.
(2) A sheriff required by division (A) or (C) of this
section to provide notices regarding an offender shall provide the notices to
all other specified persons that are described in divisions (A)(2) to (7) of
this section not later than seven days after the offender registers with the
sheriff or, if the sheriff is required by division
(C) to provide the notices, no
later than seventy-two hours after the sheriff is provided the
notice described in division (A)(8) of this section.
(E) All information that a sheriff possesses regarding a sexual predator or a
habitual sex offender that is described in division
(B) of this section and that must be provided
in a notice required under division (A) or (C)
of this section is a public record that is open to inspection under section
149.43 of the Revised Code.
(F) The notification provisions of this section do not apply regarding a
person who is convicted of or pleads guilty to, or has been convicted of or
pleaded guilty to, a sexually oriented offense, who has not been adjudicated
as being a sexual predator relative to that sexually oriented offense, and who
is determined pursuant to division (F) of section 2950.09 of the
Revised Code to be a habitual sex
offender unless the sentencing court imposes a requirement in
the offender's sentence and in the judgment of conviction that
contains the sentence that subjects the offender to the
provisions of this section.
(G) The department of human services shall compile, maintain, and update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each agency, center, or home of that type, the
county in which it is located, its address and telephone number,
and the name of an administrative officer or employee of the
agency, center, or home. The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education, schools, or programs of a type
described in division (A)(3),
(4), or (5) of this section that contains the name of each
board of education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of education, the county or counties in which each of its
schools is located and the address of each such school. The
Ohio board of regents shall compile, maintain, and update in
January and July of each year, a list of
all institutions of a type described in division
(A)(7) of this section that
contains the name of each such institution, the county in which
it is located, its address and telephone number, and the name of
its president or other chief administrative officer. A sheriff
required by division (A) or (C) of this section to provide
notices regarding an offender, or a designee of a sheriff of that type,
may request the department of human services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are to be provided. Upon receipt of a request, the
department or board shall provide the requesting sheriff or
designee with the names, addresses, and telephone numbers of the
appropriate persons and entities to whom those notices are to be
provided.
Sec. 3301.50. Except as otherwise provided under division (B) of section
3301.54 of the Revised Code, the issuing of any
educator license designated for teaching in a preschool setting pursuant to
section 3319.22 of the Revised Code shall not be construed as
requiring any person who does not hold such a license to obtain
one in order to be employed as a teacher
in a pre-kindergarten program except that.
HOWEVER, a person hired
after July 1, 1988, to direct a preschool program regulated by the state board
of education under sections 3301.52 to 3301.57 of the Revised Code, other than
a program operated by a nontax-supported eligible nonpublic school, shall hold
a valid educator license designated as appropriate for teaching or
being an administrator in a preschool setting issued pursuant to section
3319.22 of the Revised Code plus coursework THE FOUR COURSES
required by DIVISION (A)(1) OF section 3301.54 of the
Revised Code, UNLESS DIVISION (A)(4) OF THAT SECTION
APPLIES TO THE
PERSON.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of
the Revised Code:
(A) "Preschool program" means either of the following:
(1) A child day-care program for preschool children that
is operated by a school district board of education or, an
eligible nonpublic school, A HEAD START GRANTEE, OR A HEAD START
DELEGATE AGENCY.
(2) A child day-care program for preschool children age
three or older that is operated by a county MR/DD board.
(B) "Preschool child" or "child" means a child who has not
entered kindergarten and is not of compulsory school age.
(C) "Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's
school attendance under section 3321.01 of the Revised Code.
(D) "Superintendent" means the superintendent of a school
district or the chief administrative officer of an eligible
nonpublic school.
(E) "Director" means the director, head teacher, or
elementary principal, OR SITE ADMINISTRATOR who is THE
INDIVIDUAL ON SITE AND responsible for supervision of a
preschool program.
(F) "Preschool staff member" means a preschool employee
whose primary responsibility is care, teaching, or supervision of
preschool children.
(G) "Nonteaching employee" means a preschool program or
school child program employee whose primary responsibilities are
duties other than care, teaching, and supervision of preschool
children or school children.
(H) "Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(8) of section 5104.02 of
the Revised Code or chartered by the state board of education for
any combination of grades one through twelve, regardless of
whether it also offers kindergarten.
(I) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(J) "School child program" means a child day-care program
for only school children that is operated by a school district
board of education, county MR/DD board, or eligible nonpublic
school.
(K) "School child" and "child day-care" have the same
meanings as in section 5104.01 of the Revised Code.
(L) "School child program staff member" means an employee
whose primary responsibility is the care, teaching, or
supervision of children in a school child program.
(M) "HEAD START" MEANS A PROGRAM OPERATED IN ACCORDANCE WITH
SUBCHAPTER II OF THE "COMMUNITY ECONOMIC
DEVELOPMENT ACT," 95 STAT. 489 (1981), 42 U.S.C.
9831, AND AMENDMENTS THERETO.
Sec. 3301.53. (A) Not later than July 1, 1988, the state
board of education, in consultation with the director of human
services, shall formulate and prescribe by rule adopted under
Chapter 119. of the Revised Code minimum standards to be applied
to preschool programs operated by school district boards of
education, county MR/DD boards, and by eligible nonpublic
schools, HEAD START GRANTEES, AND HEAD START DELEGATE AGENCIES.
The rules shall include the following:
(1) Standards ensuring that the preschool program is
located in a safe and convenient facility that accommodates the
enrollment of the program, is of the quality to support the
growth and development of the children according to the program
objectives, and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination on the basis of age, color, national origin, race,
or sex; and that preschool staff members and nonteaching
employees are assigned responsibilities in accordance with
written position descriptions commensurate with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program on or after March 17, 1989,
demonstrate a need for a preschool program that is not being met
by any existing program providing child day-care, prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of human services shall ensure that the rules adopted by
the state board under sections 3301.52 to 3301.58 of the Revised
Code are consistent with and meet or exceed the requirements of
Chapter 5104. of the Revised Code with regard to child day-care
centers. The state board and the director of human services
shall review all such rules at least once every five years.
(C) On or before January 1, 1992, the state board of
education, in consultation with the department of human services,
shall adopt rules for school child programs that are consistent
with and meet or exceed the requirements of the rules adopted for
school child day-care centers under Chapter 5104. of the Revised
Code.
Sec. 3301.54. (A)(1) Each preschool program shall be
directed and supervised by a director, a head teacher, or an
elementary principal, OR A SITE ADMINISTRATOR WHO IS ON SITE AND
RESPONSIBLE FOR SUPERVISION OF THE PROGRAM. Except as otherwise provided
in this
division (A)(2), (3), OR (4) OF THIS SECTION, this person
shall hold a valid educator license designated as
appropriate for teaching or
being an administrator in a preschool setting issued pursuant to section
3319.22 of the Revised Code and have completed at
least four courses in child development or early childhood
education from an accredited college, university, or technical
college. If
(2) IF the person was employed prior to July 1, 1988, by a
school district board of education or an eligible nonpublic
school to direct a preschool program, the person shall be
considered to meet the requirements of this section if the person holds a
valid kindergarten-primary certificate described under former division (A) of
section 3319.22 of the Revised Code as it existed on January
1, 1996. If
(3) IF the person is employed
to direct a preschool program operated by an eligible,
nontax-supported, nonpublic school, the person shall be
considered to meet the requirements of this section if the person holds a
valid teaching certificate issued in accordance with section 3301.071 of the
Revised Code.
(4) IF THE PERSON IS A SITE ADMINISTRATOR FOR A HEAD
START GRANTEE OR HEAD START DELEGATE AGENCY, THE PERSON SHALL BE CONSIDERED TO
MEET THE REQUIREMENTS OF THIS SECTION IF THE PERSON PROVIDES EVIDENCE THAT THE
PERSON HAS ATTAINED AT LEAST A HIGH SCHOOL DIPLOMA OR CERTIFICATION OF HIGH
SCHOOL EQUIVALENCY ISSUED BY THE STATE BOARD OF EDUCATION OR A COMPARABLE
AGENCY OF ANOTHER STATE, AND THAT THE PERSON MEETS AT LEAST ONE OF THE
FOLLOWING REQUIREMENTS:
(a) TWO YEARS OF EXPERIENCE WORKING AS A CHILD-CARE STAFF MEMBER
IN
A CHILD DAY-CARE CENTER OR PRESCHOOL PROGRAM AND AT LEAST FOUR COURSES IN
CHILD
DEVELOPMENT OR EARLY CHILDHOOD EDUCATION FROM AN ACCREDITED COLLEGE,
UNIVERSITY, OR TECHNICAL COLLEGE, EXCEPT THAT A PERSON WHO HAS TWO YEARS OF
EXPERIENCE WORKING AS A CHILD-CARE STAFF MEMBER IN A PARTICULAR DAY-CARE
CENTER
OR PRESCHOOL PROGRAM AND WHO HAS BEEN PROMOTED TO OR DESIGNATED DIRECTOR SHALL
HAVE ONE YEAR FROM THE TIME THE PERSON WAS PROMOTED OR DESIGNATED TO COMPLETE
THE REQUIRED FOUR COURSES;
(b)TWO YEARS OF TRAINING IN AN ACCREDITED COLLEGE, UNIVERSITY,
OR TECHNICAL COLLEGE THAT INCLUDES AT LEAST FOUR COURSES IN CHILD DEVELOPMENT
OR EARLY CHILDHOOD EDUCATION;
(c)A CHILD DEVELOPMENT ASSOCIATE CREDENTIAL ISSUED BY THE
NATIONAL CHILD DEVELOPMENT ASSOCIATE CREDENTIALING COMMISSION;
(d)AN ASSOCIATE OR HIGHER DEGREE IN CHILD DEVELOPMENT OR EARLY
CHILDHOOD EDUCATION FROM AN ACCREDITED COLLEGE, UNIVERSITY, OR TECHNICAL
COLLEGE.
(B) Each preschool staff member shall be at
least eighteen
years of age and have a high school diploma or a certification of
high school equivalency issued by the state board of education or
a comparable agency of another state, except that a staff member
may be less than eighteen years of age if the staff member is
a graduate of a
two-year vocational child-care training program approved by the
state board of education, or is a student enrolled in the second
year of such a program that leads to high school graduation,
provided that the student performs duties in the preschool
program under the continuous supervision of an experienced
preschool staff member and receives periodic supervision from the
vocational child-care training program teacher-coordinator in
the student's high school.
A preschool staff member shall annually complete fifteen
hours of inservice training in child development or early
childhood education, child abuse recognition and prevention, and
first aid, and in the prevention, recognition, and management of
communicable diseases, until a total of forty-five hours has been
completed, unless the staff member holds an associate or
higher degree in child
development or early childhood education from an accredited
college, university, or technical college, or any type of educator license
designated as
appropriate for teaching in an associate teaching position in a preschool
setting issued by the state board of education pursuant to section
3319.22 of the Revised Code.
Sec. 3301.541. (A)(1) The director, head teacher, or
elementary principal, OR SITE ADMINISTRATOR of a preschool
program shall request the
superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check with respect to
any applicant who has applied to the preschool program for
employment as a person responsible for the care, custody, or
control of a child. If the applicant does not present proof that
the applicant has been a resident of this state for the five-year
period immediately prior to the date upon which the criminal
records check is requested or does not provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the director, head teacher, or
elementary principal shall request that the superintendent obtain
information from the federal bureau of investigation as a part of
the criminal records check for the applicant. If the applicant
presents proof that the applicant has been a resident of this
state for that five-year period, the director, head teacher, or
elementary principal may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) Any director, head teacher, or elementary principal, OR
SITE ADMINISTRATOR
required by division (A)(1) of this section to request a criminal
records check shall provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code, provide to each applicant a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code, obtain
the completed form and impression sheet from each applicant, and
forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2)
of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
provide the impression sheet with the impressions of the applicant's
fingerprints. If an applicant, upon request, fails to provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the preschool program
shall not employ that applicant for any position for which a criminal
records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the
department of education in accordance with division (E) of this
section, no preschool program shall employ a person as a person
responsible for the care, custody, or control of a child if the
person previously has been convicted of or pleaded guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation occurred prior to that date,, a violation of
section 2925.11 of the Revised Code that is not a minor drug possession
offense, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses or violations described in division (B)(1)(a)
of this section.
(2) A preschool program may employ an applicant
conditionally until the criminal records check required by this
section is completed and the preschool program receives the
results of the criminal records check. If the results of the
criminal records check indicate that, pursuant to division (B)(1)
of this section, the applicant does not qualify for employment,
the preschool program shall release the applicant from
employment.
(C)(1) Each preschool program shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon the request pursuant to division (A)(1) of this
section of the director, head teacher, or elementary principal,
OR SITE ADMINISTRATOR of
the preschool program.
(2) A preschool program may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section. A fee charged under this division shall not exceed
the amount of fees the preschool program pays under division
(C)(1) of this section. If a fee is charged under this division,
the preschool program shall notify the applicant at the time of
the applicant's initial application for employment of the amount of the fee
and that, unless the fee is paid, the applicant will not be considered for
employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
applicant who is the subject of the criminal records check or
the applicant's representative, the preschool program requesting the criminal
records check or its representative, and any court, hearing
officer, or other necessary individual in a case dealing with the
denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant
to Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which a preschool
program may hire a person who has been convicted of an offense
listed in division (B)(1) of this section but who meets standards
in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment, that the person
is required to provide a set of impressions of the person's fingerprints and
that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of
the Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for
that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
preschool program as a person responsible for the care, custody,
or control of a child, except that "applicant" does not include a person
already employed by a board of education or chartered nonpublic school in a
position of care, custody, or control of a child who is under consideration
for a different position with such board or school.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution
requesting the assistance of the educational service center in which the local
district has territory in conducting criminal records checks of substitute
teachers under this section, the appointing or hiring officer of such
educational service center governing board shall serve for purposes of this
section as the appointing or hiring officer of the local board in the case of
hiring substitute teachers for employment in the local district.
Sec. 3301.55. (A) A school district, county MR/DD board,
or eligible nonpublic school, HEAD START GRANTEE, OR HEAD
START DELEGATE AGENCY operating a preschool program shall
house the program in buildings that meet the following
requirements:
(1) The building is operated by the district, county MR/DD
board, or eligible nonpublic school, HEAD START GRANTEE, OR
HEAD START DELEGATE AGENCY and has been approved by the division
of industrial compliance in the
department of commerce or a certified municipal,
township, or county building department for the purpose of
operating a program for preschool children. Any such structure
shall be constructed, equipped, repaired, altered, and maintained
in accordance with applicable provisions of Chapters 3781. and
3791. and with rules adopted by the board of building standards
under Chapter 3781. of the Revised Code for the safety and
sanitation of structures erected for this purpose.
(2) The building is in compliance with fire and safety
laws and regulations as evidenced by reports of annual school
fire and safety inspections as conducted by appropriate local
authorities.
(3) The school is in compliance with rules established by
the state board of education regarding school food services.
(4) The facility includes not less than thirty-five square
feet of indoor space for each child in the program. Safe play
space, including both indoor and outdoor play space, totaling not
less than sixty square feet for each child using the space at any
one time, shall be regularly available and scheduled for use.
(5) First aid facilities and space for temporary placement
or isolation of injured or ill children are provided.
(B) Each school district, county MR/DD board, or eligible
nonpublic school, HEAD START GRANTEE, OR HEAD START DELEGATE
AGENCY that operates, or proposes to operate, a
preschool program shall submit a building plan including all
information specified by the state board of education to the
board not later than the first day of September of the school
year in which the program is to be initiated. The board shall
determine whether the buildings meet the requirements of this
section and section 3301.53 of the Revised Code, and notify the
superintendent of its determination. If the board determines, on
the basis of the building plan or any other information, that the
buildings do not meet those requirements, it shall cause the
buildings to be inspected by the department of education. The
department shall make a report to the superintendent specifying
any aspects of the building that are not in compliance with the
requirements of this section and section 3301.53 of the Revised
Code and the time period that will be allowed the district,
county MR/DD board, or school, GRANTEE, OR
AGENCY to meet the requirements.
Sec. 3301.57. (A) For the purpose of improving programs,
facilities, and implementation of the standards promulgated by
the state board of education under section 3301.53 of the Revised
Code, the state department of education shall provide
consultation and technical assistance to school districts, county
MR/DD boards, and eligible nonpublic schools, HEAD
START GRANTEES, AND HEAD START DELEGATE AGENCIES operating
preschool
programs or school child programs, and inservice training to
preschool staff members, school child program staff members, and
nonteaching employees.
(B) The department and the school district board of
education, county MR/DD board, or eligible nonpublic
school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY shall
jointly monitor each preschool program and each school child
program.
If the program receives any grant or other funding from the
state or federal government, the department annually shall
monitor all reports on attendance, financial support, and
expenditures according to provisions for use of the funds.
(C) The department of human services and the department of
education shall enter into a contract pursuant to which the
department of education inspects preschool programs and school
child programs in accordance with sections 3301.52 to 3301.59 of
the Revised Code, the rules adopted under those sections, and any
applicable procedures in Chapter 5104. of the Revised Code and
investigates any complaints filed pursuant to those sections or
rules. The contract shall require the department of human
services to pay the department of education for conducting the
inspections and investigations an amount equal to the amount that
the department of human services would expend conducting the same
number of inspections and investigations with its employees under
Chapter 5104. of the Revised Code.
(D) The department of education, at least twice during
every twelve-month period of operation of a preschool program or
a licensed school child program, shall inspect the program and
provide a written inspection report to the superintendent of the
school district, county MR/DD board, or eligible nonpublic
school, HEAD START GRANTEE, OR HEAD START DELEGATE AGENCY. At
least one inspection shall be unannounced and all
inspections may be unannounced. No person shall interfere with
any inspection conducted pursuant to this division or to the
rules adopted pursuant to sections 3301.52 to 3301.59 of the
Revised Code.
Upon receipt of any complaint that a preschool program or a
licensed school child program is out of compliance with the
requirements in sections 3301.52 to 3301.59 of the Revised Code
or the rules adopted under those sections, the department shall
investigate and may inspect the program.
(E) If a preschool program or a licensed school child
program is determined to be out of compliance with the
requirements of sections 3301.52 to 3301.59 of the Revised Code
or the rules adopted under those sections, the department of
education shall notify the appropriate superintendent, county
MR/DD board, or eligible nonpublic school, HEAD
START GRANTEE, OR HEAD START DELEGATE AGENCY in writing regarding the
nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the
correction is not made by the date established by the department,
it may commence action under Chapter 119. of the Revised Code to
close the program or to revoke the license of the program. If a
program does not comply with an order to cease operation issued
in accordance with Chapter 119. of the Revised Code, the
department shall notify the attorney general, the prosecuting
attorney of the county in which the program is located, or the
city attorney, village solicitor, or other chief legal officer of
the municipal corporation in which the program is located that
the program is operating in violation of sections 3301.52 to
3301.59 of the Revised Code or the rules adopted under those
sections and in violation of an order to cease operation issued
in accordance with Chapter 119. of the Revised Code. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer shall file a complaint in the court of common pleas OF THE
COUNTY in
which the program is located requesting the court to issue an
order enjoining the program from operating. The court shall
grant the requested injunctive relief upon a showing that the
program named in the complaint is operating in violation of
sections 3301.52 to 3301.59 of the Revised Code or the rules
adopted under those sections and in violation of an order to
cease operation issued in accordance with Chapter 119. of the
Revised Code.
(F) THE DEPARTMENT OF EDUCATION SHALL PREPARE AN
ANNUAL REPORT ON INSPECTIONS CONDUCTED UNDER THIS SECTION. THE REPORT SHALL
INCLUDE THE NUMBER OF INSPECTIONS CONDUCTED, THE NUMBER AND TYPES OF
VIOLATIONS
FOUND, AND THE STEPS TAKEN TO ADDRESS THE VIOLATIONS. THE DEPARTMENT SHALL
FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE
SENATE, AND THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES ON
OR BEFORE THE FIRST DAY OF JANUARY OF EACH
YEAR, BEGINNING IN 1999.
Sec. 3301.58. (A) The department of education is
responsible for the licensing of preschool programs and school
child programs and for the enforcement of sections 3301.52 to
3301.59 of the Revised Code and of any rules adopted under those
sections. No school district board of education, county MR/DD
board, or eligible nonpublic school, HEAD START GRANTEE, OR
HEAD START DELEGATE AGENCY shall operate, establish,
manage, conduct, or maintain a preschool program without a
license issued under this section. A school district board of
education, county MR/DD board, or eligible nonpublic school may
obtain a license under this section for a school child program.
The school district board of education, county MR/DD board, or
eligible nonpublic school, HEAD START GRANTEE, OR HEAD START
DELEGATE AGENCY shall
post the current license for each
preschool program and licensed school child program it operates,
establishes, manages, conducts, or maintains in a conspicuous
place in the preschool program or licensed school child program
that is accessible to parents, custodians, or guardians and
employees and staff members of the program at all times when the
program is in operation.
(B) Any school district board of education, county MR/DD
board, or eligible nonpublic school, HEAD START GRANTEE, OR
HEAD START DELEGATE AGENCY that desires to operate,
establish, manage, conduct, or maintain a preschool program or to
obtain a license for a school child program shall apply to the
department of education for a license on a form that the
department shall prescribe by rule. ANY SCHOOL DISTRICT BOARD OF
EDUCATION, COUNTY
MR/DD BOARD, OR ELIGIBLE NONPUBLIC SCHOOL THAT
DESIRES TO OBTAIN A LICENSE FOR A SCHOOL CHILD PROGRAM SHALL APPLY TO THE
DEPARTMENT FOR A LICENSE ON A FORM THAT THE DEPARTMENT SHALL PRESCRIBE BY
RULE. The department shall provide
at no charge to each applicant for a license under this section a
copy of the requirements under sections 3301.52 to 3301.59 of the
Revised Code and any rules adopted under those sections. The
department shall mail application forms for the renewal of a
license at least one hundred twenty days prior to the date of the
expiration of the license, and the application for renewal of a
license shall be filed with the department at least sixty days
before the date of the expiration of the existing license. The
department may establish application fees by rule adopted under
Chapter 119. of the Revised Code, and all applicants for a
license shall pay any fee established by the department at the
time of making an application for a license. All fees collected
pursuant to this section shall be paid into the state treasury to
the credit of the general revenue fund.
(C) Upon the filing of an application for a license, the
department of education shall investigate and inspect the
preschool program or school child program to determine the
license capacity for each age category of children of the program
and to determine whether the program complies with sections
3301.52 to 3301.59 of the Revised Code and any rules adopted
under those sections. When, after investigation and inspection,
the department of education is satisfied that sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are complied with by the applicant, the department of
education shall issue the program a provisional license as soon
as practicable in the form and manner prescribed by the rules of
the department. The provisional license shall be valid for six
months from the date of issuance unless revoked.
(D) The department of education shall investigate and
inspect a preschool program or school child program that has been
issued a provisional license at least once during operation under
the provisional license. If, after the investigation and
inspection, the department of education determines that the
requirements of sections 3301.52 to 3301.59 of the Revised Code
and any rules adopted under those sections are met by the
provisional licensee, the department of education shall issue a
license that is effective for two years from the date of the
issuance of the provisional license.
(E) Upon the filing of an application for the renewal of a
license by a preschool program or school child program, the
department of education shall investigate and inspect the
preschool program or school child program. If the department of
education determines that the requirements of sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are met by the applicant, the department of education
shall renew the license for two years from the date of the
expiration date of the previous license.
(F) The license or provisional license shall state the
name of the school district board of education, county MR/DD
board, or eligible nonpublic school, HEAD START GRANTEE, OR
HEAD START DELEGATE AGENCY that operates the preschool
program or school child program and the license capacity of the
program. The license shall include any other information
required by section 5104.03 of the Revised Code for the license
of a child day-care center.
(G) The department of education may revoke the license of
any preschool program or school child program that is not in
compliance with the requirements of sections 3301.52 to 3301.59
of the Revised Code and any rules adopted under those sections.
(H) If the department of education revokes a license or
refuses to renew a license to a program, the department shall not
issue a license to the program within two years from the date of
the revocation or refusal. All actions of the department with
respect to licensing preschool programs and school child programs
shall be in accordance with Chapter 119. of the Revised Code.
Sec. 3301.581. EACH HEAD START GRANTEE, HEAD START DELEGATE AGENCY, AND
ELIGIBLE NONPUBLIC SCHOOL OPERATING A HEAD START PROGRAM SHALL BE LICENSED BY
THE DEPARTMENT OF EDUCATION AS A PRESCHOOL PROGRAM UNDER SECTIONS 3301.52 TO
3301.59 OF THE REVISED
CODE, AND DOES NOT HAVE THE OPTION OF BEING
LICENSED BY THE DEPARTMENT OF HUMAN SERVICES UNDER
CHAPTER 5104. OF THE
REVISED CODE.
BEFORE THE EXPIRATION OF ANY GRANTEE'S, AGENCY'S, OR SCHOOL'S LICENSE UNDER
THAT CHAPTER, OR WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
WHICHEVER IS EARLIER, THE AGENCY OR SCHOOL SHALL APPLY FOR A LICENSE FOR A
PRESCHOOL PROGRAM UNDER SECTION 3301.58 OF THE
REVISED CODE.
NOTWITHSTANDING DIVISION (C) OF SECTION
3301.58 OF THE REVISED
CODE, A GRANTEE, AGENCY, OR SCHOOL APPLYING
FOR A LICENSE FOR A HEAD START PROGRAM DURING THE SIX MONTHS FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION NEED NOT FIRST OBTAIN A PROVISIONAL LICENSE
UNDER THAT DIVISION.
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply:
(1) The person has successfully completed the curriculum
in any high school or the individualized education program
developed for the person by any high school pursuant to section
3323.08 of the Revised Code;
(2) The person has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division unless the person
was excused from taking any such test pursuant to division (C)(1)
of section 3301.0711 or section 3313.532 of the Revised Code or
unless division (H) of this section applies to the person;
(3) The person is not eligible to receive an honors
diploma granted pursuant to division (B) of this section.
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND
(J) OF THIS SECTION, NO diploma shall be granted under this
division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this section, an honors diploma shall be granted, in accordance
with rules of the state board of education, by any such district
board to anyone who successfully completes the curriculum in any
high school or the individualized education program developed for
the person by any high school pursuant to section 3323.08 of the
Revised Code, who has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division, and who has met
additional criteria established by the state board for the
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION
(J) OF THIS SECTION, NO honors diploma shall be granted
to anyone failing to comply with this division and no more than
one honors diploma shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting
of honors diplomas under this division. These rules may
prescribe the granting of honors diplomas that recognize a
student's achievement as a whole or that recognize a student's
achievement in one or more specific subjects or both. In any
case, the rules shall designate two or more criteria for the
granting of each type of honors diploma the board establishes
under this division and the number of such criteria that must be
met for the granting of that type of diploma. The number of such
criteria for any type of honors diploma shall be at least one
less than the total number of criteria designated for that type
and no one or more particular criteria shall be required of all
persons who are to be granted that type of diploma.
(C) Any such district board administering any of the tests
required by section 3301.0710 of the Revised Code to any person
requesting to take such test pursuant to division (B)(4)(b) of
section 3301.0711 of the Revised Code shall award a diploma to
such person if he THE PERSON attains at least the applicable
scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests administered and if he THE PERSON has
previously
attained the applicable scores on all the other tests required by
division (B) of that section or has been exempted or excused from
any such test pursuant to division (H) of this section or
division (C)(1) of section 3301.0711 or section 3313.532 of the
Revised Code.
(D) Each diploma awarded under this section shall be
signed by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under state board of education minimum standards to receive a
high school diploma based in whole or in part on credits earned
while an inmate of a correctional institution operated by the
state or any political subdivision thereof, shall be granted such
diploma by the correctional institution operating the programs in
which such credits were earned, and by the board of education of
the school district in which the inmate resided immediately prior
to his THE INMATE'S placement in the institution. The diploma
granted by the
correctional institution shall be signed by the director of the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma by the correctional institution offering the program in
which the credits were earned. The diploma granted by the
correctional institution shall be signed by the director of the
institution and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
citizenship designated under division (B) of section 3301.0710 of
the Revised Code:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates he does not intend NO INTENTION to
reside in the United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION
(D) OF SECTION 3325.08 OF THE REVISED CODE
THAT A STUDENT HAS RECEIVED A DIPLOMA UNDER THAT SECTION, THE BOARD OF
EDUCATION RECEIVING THE NOTICE MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS
SECTION TO THE STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A
DIPLOMA IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE DISTRICT. THE
DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF
THE SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION 3325.08
OF THE REVISED CODE.
(K) THIS IS AN INTERIM
SECTION EFFECTIVE UNTIL JULY 1,
1998.
Sec. 3325.08. (A) A diploma shall be granted by the
superintendent of the state school for the blind and the
superintendent of the state school for the deaf to any student
enrolled in one of these state schools to whom all of the
following apply:
(1) The student has successfully completed the
individualized education program developed for him THE STUDENT
for his THE STUDENT'S high school education pursuant to section
3323.08 of the Revised Code;
(2) The student has attained at least the applicable
scores designated under division (B) of section 3301.0710 of the
Revised Code on all the tests prescribed by that division unless
the student was excused from taking any such test pursuant to
division (L)(3) of section 3301.0711 of the Revised Code;
(3) The student is not eligible to receive an honors
diploma granted pursuant to division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this section, the superintendent of the state school for the
blind and the superintendent of the state school for the deaf
shall grant an honors diploma, in the same manner that the boards
of education of school districts grant such diplomas under
division (B) of section 3313.61 of the Revised Code, to any
student enrolled in one of these state schools who successfully
completes the individualized education program developed for him
THE STUDENT for his THE STUDENT'S high school education
pursuant to section 3323.08 of the Revised Code, who has attained at least the
applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests prescribed under that division, and who has
met additional criteria for granting such a diploma. These
additional criteria shall be the same as those prescribed by the
state board under division (B) of section 3313.61 of the Revised
Code for the granting of such diplomas by school districts. No
honors diploma shall be granted to anyone failing to comply with
this division and not more than one honors diploma shall be
granted to any student under this division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the superintendent of public instruction and
the superintendent of the state school for the blind or the
superintendent of the state school for the deaf, as applicable.
Each diploma shall bear the date of its issue and be in such form
as the school superintendent prescribes.
(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS
SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE STUDENT IS
ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE DIPLOMA TO THE BOARD OF
EDUCATION OF THE SCHOOL DISTRICT WHERE THE STUDENT IS ENTITLED TO ATTEND
SCHOOL UNDER SECTION 3313.64 OR 3313.65 of the Revised Code WHEN NOT RESIDING AT THE
STATE SCHOOL FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL
INDICATE THE TYPE OF DIPLOMA GRANTED.
Sec. 5104.02. (A) The director of human services is
responsible for the licensing of child day-care centers and type
A family day-care homes, and for the enforcement of this chapter
and of rules promulgated pursuant to this chapter. No person,
firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child day-care center
or type A family day-care home without a license issued under
section 5104.03 of the Revised Code. The current license shall
be posted in a conspicuous place in the center or type A home
that is accessible to parents, custodians, or guardians and
employees of the center or type A home at all times when the
center or type A home is in operation.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
provisions of this chapter:
(1) A program of child day-care that operates for two or
less consecutive weeks;
(2) Child day-care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available;
(3) Religious activities which do not provide child
day-care;
(4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and
for no more than six hours duration;
(5) Programs in which the director determines that at
least one parent, custodian, or guardian of each child is on the
premises of the facility offering child day-care and is readily
accessible at all times, except that child day-care provided on
the premises at which a parent, custodian, or guardian is employed more
than two and one-half hours a day shall be licensed in accordance with
division (A) of
this section;
(6)(a) Programs that provide child day-care funded and
regulated or operated and regulated by state departments other
than the department of human services or the state board of
education when the director of human services has determined that
the rules governing the program are equivalent to or exceed the
rules promulgated pursuant to this chapter.
Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of
human services a copy of the rules that govern programs that
provide child day-care and are regulated or operated and
regulated by the department. Annually, each state department
shall submit to the director a report for each such program it
regulates or operates and regulates that includes the following
information:
(i) The site location of the program;
(ii) The maximum number of infants, toddlers, preschool
children, or school children served by the program at one time;
(iii) The number of adults providing child day-care for
the number of infants, toddlers, preschool children, or school
children;
(iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director.
The director shall maintain a record of the child day-care
information submitted by other state departments and shall
provide this information upon request to the general assembly or
the public.
(b) Child day-care programs conducted by boards of
education or by chartered nonpublic schools that are conducted in
school buildings and that provide child day-care to school
children only shall be exempt from meeting or exceeding rules
promulgated pursuant to this chapter.
(7) Any preschool program or school child program that is
subject to licensure by the department of education under
sections 3301.52 to 3301.59 of the Revised Code.
(8) Any program providing child day-care that meets all of
the following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only:
(a) The nonpublic school has given the notice to the state
board and the director of human services required by Section 4 of
Substitute House Bill No. 253 of the 117th general assembly;
(b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five;
(c) The program is conducted in a school building;
(d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code.
(C) A person, firm, organization, institution, or agency
operating a child day-care center or type A family day-care home
that is exempt under division (B) of this section from licensure
under division (A) of this section may apply for a license under
division (A) of this section. All requirements of this chapter
and of rules promulgated pursuant to this chapter shall apply to
any exempt child day-care center or type A home that applies for
a license under division (A) of this section. Licensure pursuant
to this division constitutes an irrevocable waiver of the exempt
status of the applicant under division (B) of this section.
Section 2. That existing sections 2950.11,
3301.50, 3301.52, 3301.53, 3301.54, 3301.541, 3301.55, 3301.57, 3301.58,
3313.61, 3325.08, and 5104.02 of the Revised Code are
hereby repealed.
Section 3. Section 3301.541 of the Revised Code is
presented in this act as a composite of the section as amended by both Am.
Sub.
H.B. 445 and Am. Sub. S.B. 269 of the 121st General Assembly, with the new
language of neither of the acts shown in capital letters. Section 3313.61 of
the Revised Code is presented in Section 1 of this act
as a composite of the section as amended by both
Am. Sub. H.B. 552 and Am. Sub. H.B. 571
of the 120th General Assembly, with the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 4. That section 3313.61 of the Revised Code, as
amended by Am. Sub. S.B. 55 of the 122nd General Assembly, be
amended to read as follows:
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply:
(1) The person has successfully completed the curriculum
in any high school or the individualized education program
developed for the person by any high school pursuant to section
3323.08 of the Revised Code;
(2) The person has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division unless the person
was excused from taking any such test pursuant to division (C)(1)
of section 3301.0711 or section 3313.532 of the Revised Code or
unless division (H) of this section applies to the person;
(3) The person is not eligible to receive an honors
diploma granted pursuant to division (B) of this section.
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND
(J) OF THIS SECTION, NO diploma shall be granted under this
division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this section, an honors diploma shall be granted, in accordance
with rules of the state board of education, by any such district
board to anyone who successfully completes the curriculum in any
high school or the individualized education program developed for
the person by any high school pursuant to section 3323.08 of the
Revised Code, who has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division, and who has met
additional criteria established by the state board for the
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISIONS
(C), (E), AND (J) OF THIS SECTION, NO honors
diploma shall be granted
to anyone failing to comply with this division and no more than
one honors diploma shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting
of honors diplomas under this division. These rules may
prescribe the granting of honors diplomas that recognize a
student's achievement as a whole or that recognize a student's
achievement in one or more specific subjects or both. In any
case, the rules shall designate two or more criteria for the
granting of each type of honors diploma the board establishes
under this division and the number of such criteria that must be
met for the granting of that type of diploma. The number of such
criteria for any type of honors diploma shall be at least one
less than the total number of criteria designated for that type
and no one or more particular criteria shall be required of all
persons who are to be granted that type of diploma.
(C) Any such district board administering any of the tests
required by section 3301.0710 of the Revised Code to any person
requesting to take such test pursuant to division (B)(5)(b)
of
section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable
scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests administered and if the person has
previously
attained the applicable scores on all the other tests required by
division (B) of that section or has been exempted or excused from
any such test pursuant to division (H) of this section or
division (C)(1) of section 3301.0711 or section 3313.532 of the
Revised Code.
(D) Each diploma awarded under this section shall be
signed by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under state board of education minimum standards to receive a
high school diploma based in whole or in part on credits earned
while an inmate of a correctional institution operated by the
state or any political subdivision thereof, shall be granted such
diploma by the correctional institution operating the programs in
which such credits were earned, and by the board of education of
the school district in which the inmate resided immediately prior
to the inmate's placement in the institution. The diploma
granted by the
correctional institution shall be signed by the director of the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma by the correctional institution offering the program in
which the credits were earned. The diploma granted by the
correctional institution shall be signed by the director of the
institution and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
citizenship designated under division (B) of section 3301.0710 of
the Revised Code:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to
reside in the United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF
SECTION 3325.08 OF THE REVISED CODE
THAT A STUDENT HAS RECEIVED A DIPLOMA UNDER THAT SECTION, THE BOARD OF
EDUCATION RECEIVING THE NOTICE MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS
SECTION TO THE STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A
DIPLOMA IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE DISTRICT. THE
DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF
THE SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION 3325.08
OF THE REVISED CODE.
Section 5. That all existing versions of section 3313.61 of the
Revised Code are hereby repealed.
Section 6. Sections 4 and 5 of this act shall take effect July
1, 1998.
Section 7. On the effective date of this act and on July 1, 1998, the
Department of Human Services shall transfer by intrastate transfer voucher to
the Department of Education an amount at least equivalent to the amount the
Department of Human Services would spend in fiscal years 1998 and 1999,
respectively, to license and enforce Chapter 5104. of the Revised Code with
respect to Head Start grantees and Head Start delegate agencies.
|