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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 1 |
REPRESENTATIVES BRADING-GARDNER-COUGHLIN-OPFER-HOLLISTER-
WINKLER-CALLENDER-METZGER-HARTNETT-LOGAN-JERSE-CAREY-
TAYLOR-O'BRIEN-ALLEN-HARRIS-WILSON-BATEMAN-VESPER-MYERS-
EVANS-STAPLETON-KREBS-MEAD-TIBERI-PERZ-TRAKAS-
OLMAN-KILBANE-THOMAS-CALVERT-SCHULER-HOOPS-CORBIN-
GOODMAN-HOUSEHOLDER-WOMERBENJAMIN-AMSTUTZ-CORE-
CATES-MOTTLEY-JOLIVETTE-PADGETT-DAMSCHRODER-
BUEHRER-HAINES-SCHURING-WILLAMOWSKI-WILLIAMS-AUSTRIA-
ROMAN-CLANCY-BUCHY-SALERNO-HOOD-YOUNG-VANVYVEN-
JACOBSON-NETZLEY-TERWILLEGER-KRUPINSKI-BARRETT-
JONES-SCHUCK-BENDER-GRENDELL-BOYD-OGG-PATTON-DePIERO-
BARNES-PRINGLE-LUCAS-ROBERTS-SUTTON-MAIER-JERSE-
D.MILLER-BRITTON-SYKES-PETERSON-
SENATORS KEARNS-
GARDNER-PRENTISS-CUPP-MUMPER-SCHAFRATH-DRAKE-
BLESSING-LATTA-ARMBRUSTER-RAY-JOHNSON-OELSLAGER-
CARNES-SPADA-WHITE
A BILL
To amend section 109.57 and to enact sections 3301.85 to 3301.88 and 3301.90
to 3301.92 of the Revised Code to implement the OhioReads
initiative through the creation of classroom and community reading grants;
to establish the OhioReads Office and the OhioReads Council; to
abolish the Council on July 1, 2004, by repealing sections
3301.90, 3301.91, and 3301.92 of the Revised Code on that date;
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.57 be amended and sections 3301.85, 3301.86,
3301.87, 3301.88, 3301.90, 3301.91,
and 3301.92 of the Revised Code be enacted
to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) of section 109.572
of the Revised Code, or involving an
adjudication that a child under eighteen years of age is a delinquent
child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(c) The date of arrest;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to a sexually oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) WHEN A RECIPIENT OF AN OHIOREADS CLASSROOM
OR
COMMUNITY READING
GRANT PAID UNDER SECTION 3301.86 OR 3301.87 OF THE REVISED
CODE
REQUESTS, WITH RESPECT TO ANY INDIVIDUAL WHO APPLIES TO PARTICIPATE IN
PROVIDING ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN
PART BY THE GRANT, THE INFORMATION THAT A SCHOOL DISTRICT BOARD OF
EDUCATION IS AUTHORIZED TO REQUEST UNDER DIVISION
(F)(2)(a) OF
THIS SECTION, THE SUPERINTENDENT OF THE BUREAU SHALL PROCEED AS IF THE
REQUEST HAS BEEN
RECEIVED FROM A SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION
(F)(2)(a) OF THIS SECTION.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 3301.85. THE OHIOREADS
OFFICE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF EDUCATION.
THE OFFICE SHALL BE UNDER THE SUPERVISION OF AN EXECUTIVE
DIRECTOR, WHO SHALL BE APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION,
WITH THE ADVICE AND CONSENT OF THE
OHIOREADS
COUNCIL. THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF
AND REPORT TO THE SUPERINTENDENT, BUT SHALL DISCHARGE THE POSITION ACCORDING
TO GUIDELINES ISSUED BY THE COUNCIL AND SHALL PERFORM ANY TASK DESIGNATED BY
THE
COUNCIL.
THE EXECUTIVE DIRECTOR SHALL DEVOTE FULL
TIME TO THE DUTIES OF THAT POSITION AND SHALL HOLD NO OTHER POSITION WITHIN
THE
DEPARTMENT.
THE SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR
THE OFFICE. THE DEPARTMENT SHALL PROVIDE THE EXECUTIVE DIRECTOR AND ANY
ADDITIONAL STAFF HIRED BY THE SUPERINTENDENT WITH OFFICES WITHIN THE
DEPARTMENT'S
OFFICE SPACE.
Sec. 3301.86. THE
OHIOREADS
CLASSROOM READING GRANTS PROGRAM IS HEREBY ESTABLISHED. THE
OHIOREADS COUNCIL SHALL AWARD GRANTS UNDER THE PROGRAM IN
ACCORDANCE WITH THE GUIDELINES IT ESTABLISHES UNDER SECTION 3301.91 OF
THE REVISED CODE. THE OHIOREADS
OFFICE IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL PAY THE
GRANTS AWARDED BY THE COUNCIL.
Sec. 3301.87. THE OHIOREADS COMMUNITY READING GRANTS
PROGRAM IS
HEREBY ESTABLISHED. THE OHIOREADS COUNCIL SHALL AWARD
GRANTS
UNDER THE PROGRAM IN ACCORDANCE WITH THE GUIDELINES IT ESTABLISHES UNDER
SECTION 3301.91 OF THE REVISED CODE. THE
OHIOREADS OFFICE
IS THE FISCAL AGENT FOR THE PROGRAM AND SHALL PAY THE GRANTS AWARDED BY
THE COUNCIL.
Sec. 3301.88. (A) A RECIPIENT OF A GRANT UNDER SECTION 3301.86
OR
3301.87 OF THE REVISED CODE MAY REQUEST FROM THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION A CRIMINAL RECORDS CHECK
ON ANY
INDIVIDUAL, OTHER THAN AN INDIVIDUAL DESCRIBED IN DIVISION (B) OF
THIS SECTION, WHO APPLIES TO PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY
PROGRAM OR
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. IF A RECIPIENT
ELECTS TO REQUEST A CRIMINAL RECORDS CHECK, THE REQUEST SHALL CONSIST OF A
REQUEST
FOR
THE INFORMATION A
SCHOOL DISTRICT BOARD OF EDUCATION MAY REQUEST UNDER DIVISION
(F)(2)(a) OF
SECTION 109.57 OF THE REVISED CODE
AND SHALL BE ACCOMPANIED BY ONE OF THE FOLLOWING IDENTIFICATION OPTIONS:
(1) THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED BY THE BUREAU UNDER
DIVISION (C) OF SECTION 109.572 of the Revised Code;
(2) A FORM PRESCRIBED BY THE BUREAU ON WHICH IS SPECIFIED THE INDIVIDUAL'S
NAME, SOCIAL SECURITY NUMBER, AND DATE OF BIRTH.
(B) A GRANT RECIPIENT SHALL NOT REQUEST A CRIMINAL RECORDS CHECK
UNDER
DIVISION (A) OF THIS
SECTION WITH RESPECT TO ANY INDIVIDUAL WHO FURNISHES THE GRANT RECIPIENT WITH
A CERTIFIED COPY OF A REPORT OF A CRIMINAL RECORDS CHECK COMPLETED BY THE
BUREAU WITHIN ONE YEAR PRIOR TO
APPLYING TO PARTICIPATE IN PROVIDING PROGRAMS OR SERVICES UNDER AN
OHIOREADS
GRANT.
(C) EXCEPT AS PROVIDED IN RULES ADOPTED UNDER DIVISION
(G)(2) OF THIS SECTION, A GRANT RECIPIENT SHALL NOT ALLOW AN
INDIVIDUAL TO PARTICIPATE
IN PROVIDING
DIRECTLY TO CHILDREN ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN PART BY THE
GRANT IF THE INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU
INDICATES THAT THE INDIVIDUAL HAS EVER PLEADED
GUILTY TO OR BEEN FOUND GUILTY BY A JURY OR COURT OF ANY OF THE FOLLOWING:
(1) A FELONY;
(2) A VIOLATION
OF SECTION 2903.16, 2903.34, 2905.05, 2907.04, 2907.06, 2907.07,
2907.08, 2907.09, 2907.23, 2907.25, 2907.31, 2919.12, 2919.22, 2919.24,
2925.04, 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; OR 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 IT
BEEN COMMITTED PRIOR TO THAT DATE;
(3) AN OFFENSE OF VIOLENCE;
(4) A THEFT OFFENSE, AS DEFINED IN SECTION 2913.01 OF THE REVISED
CODE;
(5) A DRUG ABUSE OFFENSE, AS DEFINED IN SECTION 2925.01 OF THE
REVISED CODE;
(6) A VIOLATION OF AN EXISTING OR FORMER ORDINANCE OF A MUNICIPAL
CORPORATION OR
LAW OF THE UNITED STATES OR ANOTHER STATE THAT IS
SUBSTANTIVELY COMPARABLE TO AN
OFFENSE LISTED IN DIVISIONS (C)(1) TO (5) OF THIS SECTION.
(D) A GRANT RECIPIENT THAT ELECTS TO REQUEST CRIMINAL RECORDS
CHECKS MAY CONDITIONALLY ALLOW AN INDIVIDUAL TO PARTICIPATE IN PROVIDING
PROGRAMS OR SERVICES DIRECTLY TO CHILDREN UNTIL THE CRIMINAL RECORDS
CHECK IS COMPLETED AND THE GRANT RECIPIENT RECEIVES THE RESULTS.
IF THE RESULTS OF THE CRIMINAL RECORDS CHECK INDICATE THAT THE
INDIVIDUAL HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED IN
DIVISION (C) OF THIS SECTION,
THE GRANT RECIPIENT SHALL NOT ALLOW THE INDIVIDUAL TO FURTHER PARTICIPATE
IN PROVIDING DIRECTLY TO CHILDREN ANY PROGRAM OR SERVICE FUNDED IN WHOLE OR IN
PART BY THE GRANT, EXCEPT AS PROVIDED IN THE RULES ADOPTED UNDER DIVISION
(G)(2) OF THIS SECTION.
(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED IN
ACCORDANCE WITH DIVISION (F)(5) OF SECTION 109.57 OF THE
REVISED
CODE PURSUANT TO A REQUEST UNDER THIS
SECTION IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE
REVISED CODE. THE REPORT SHALL NOT BE MADE AVAILABLE TO
ANY PERSON OTHER THAN THE INDIVIDUAL WHO IS THE SUBJECT OF THE CRIMINAL
RECORDS CHECK OR THE INDIVIDUAL'S REPRESENTATIVE, THE
GRANT RECIPIENT OR THE GRANT RECIPIENT'S REPRESENTATIVE, AND ANY
COURT, HEARING OFFICER, OR OTHER NECESSARY INDIVIDUAL IN A CASE
DEALING WITH THE DENIAL OF THE INDIVIDUAL'S PARTICIPATION IN A
PROGRAM OR SERVICE FUNDED BY AN OHIOREADS GRANT.
(F) THE OHIOREADS OFFICE SHALL REIMBURSE EACH
GRANT RECIPIENT
FOR EACH
CRIMINAL RECORDS CHECK THE ACTUAL AMOUNT PAID BY
THE GRANT RECIPIENT FOR THE PORTION OF THE CRIMINAL RECORDS CHECK CONDUCTED BY
THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION.
REIMBURSEMENT SHALL BE PAID UNDER THIS DIVISION ONLY FOR CRIMINAL RECORDS
CHECKS ON
INDIVIDUALS WHO APPLY TO PARTICIPATE IN PROVIDING DIRECTLY TO CHILDREN ANY
PROGRAM OR
SERVICE FUNDED IN WHOLE OR IN PART BY THE GRANT. TO RECEIVE IT,
THE GRANT RECIPIENT MUST SUBMIT INFORMATION TO THE OFFICE IN THE
FORM AND MANNER REQUIRED BY THE OFFICE. THE REIMBURSEMENT IS IN
ADDITION TO THE GRANT AWARDED TO THE RECIPIENT UNDER SECTION
3301.86 OR 3301.87 OF THE REVISED CODE.
(G) THE DEPARTMENT OF EDUCATION SHALL ADOPT RULES IN ACCORDANCE
WITH CHAPTER 119. OF THE REVISED CODE:
(1) PRESCRIBING THE FORM AND MANNER IN WHICH GRANT RECIPIENTS
MUST SUBMIT INFORMATION TO THE OHIOREADS OFFICE TO RECEIVE
REIMBURSEMENT UNDER DIVISION (F) OF THIS SECTION;
(2) SPECIFYING CIRCUMSTANCES UNDER WHICH A GRANT RECIPIENT MAY ALLOW AN
INDIVIDUAL WHOSE CRIMINAL RECORDS CHECK REPORT INDICATES THAT THE
INDIVIDUAL HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED
IN DIVISION (C) OF THIS SECTION, BUT WHO MEETS STANDARDS IN REGARD
TO REHABILITATION SET FORTH IN THE RULES, TO PARTICIPATE IN PROVIDING DIRECTLY
TO CHILDREN ANY PROGRAM OR SERVICE FUNDED
IN WHOLE OR IN PART BY THE GRANT.
Sec. 3301.90. THE OHIOREADS
COUNCIL IS HEREBY ESTABLISHED. THE COUNCIL SHALL CONSIST OF
SEVEN VOTING MEMBERS, AS FOLLOWS:
(A) FIVE PERSONS
APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE A PRACTICING READING
SPECIALIST AND ONE OF WHOM SHALL REPRESENT A COLLEGE OF EDUCATION
IN THIS STATE;
(B) THE DIRECTOR OF
BUDGET AND MANAGEMENT, OR THE DIRECTOR'S DESIGNEE;
(C) THE SUPERINTENDENT
OF PUBLIC INSTRUCTION, OR THE SUPERINTENDENT'S DESIGNEE.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT TWO MEMBERS
OF THE HOUSE OF REPRESENTATIVES, EACH FROM A DIFFERENT POLITICAL PARTY,
TO SERVE AS NONVOTING MEMBERS OF THE COUNCIL. THE PRESIDENT OF THE
SENATE SHALL APPOINT TWO MEMBERS OF THE SENATE, EACH FROM A
DIFFERENT POLITICAL PARTY, TO SERVE AS NONVOTING MEMBERS OF THE
COUNCIL.
THE FIVE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT
THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT
SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY
THE GOVERNOR.
THE READING SPECIALIST SHALL SUFFER NO LOSS
OF COMPENSATION OR OTHER BENEFIT BECAUSE OF ABSENCE FROM REGULAR EMPLOYMENT TO
ATTEND
THE COUNCIL'S MEETINGS.
THE NONVOTING LEGISLATIVE MEMBERS SHALL SERVE AT THE
PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER
WHO CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH
THE MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE
COUNCIL. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL
ANY VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY
VACANCY IN THE POSITIONS OF THE MEMBERS FROM THE
SENATE. A LEGISLATIVE MEMBER MAY DESIGNATE A MEMBER OF THE SAME
LEGISLATIVE HOUSE AND THE SAME POLITICAL PARTY TO ATTEND COUNCIL
MEETINGS IN THAT MEMBER'S PLACE.
THE GOVERNOR SHALL APPOINT ONE VOTING MEMBER OF THE COUNCIL TO
SERVE AS CHAIRPERSON.
THE COUNCIL SHALL MEET AT LEAST FOUR TIMES PER YEAR TO
CONDUCT ITS BUSINESS. THE COUNCIL MAY MEET MORE OFTEN AT THE CALL OF ITS
CHAIRPERSON.
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT THE VOTING MEMBERS SHALL
BE REIMBURSED BY THE DEPARTMENT OF EDUCATION FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN PERFORMING THEIR OFFICIAL DUTIES.
Sec. 3301.91. (A) THE
OHIOREADS
COUNCIL'S RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING:
(1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION'S
APPOINTMENTS TO THE POSITION OF EXECUTIVE
DIRECTOR OF THE OHIOREADS OFFICE;
(2) EVALUATING THE
EFFECTIVENESS OF THE
OHIOREADS
INITIATIVE ESTABLISHED BY THIS SECTION AND SECTIONS 3301.86 AND
3301.87 OF THE REVISED
CODE AND CONDUCTING ANNUAL EVALUATIONS BEGINNING IN FISCAL YEAR
2002;
(3) DEVELOPING A STRATEGIC PLAN FOR IDENTIFYING, RECRUITING, TRAINING,
QUALIFYING, AND PLACING VOLUNTEERS FOR THE
OHIOREADS
INITIATIVE;
(4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM
READING GRANTS UNDER SECTION 3301.86 OF THE
REVISED
CODE AND COMMUNITY READING
GRANTS UNDER SECTION 3301.87 OF THE
REVISED
CODE, INCLUDING ELIGIBILITY
CRITERIA, GRANT AMOUNTS, PURPOSES FOR WHICH GRANTS MAY BE USED, AND
ADMINISTRATIVE, PROGRAMMATIC, AND
REPORTING REQUIREMENTS;
(5) AWARDING CLASSROOM READING GRANTS AND COMMUNITY READING
GRANTS TO BE PAID BY THE OHIOREADS OFFICE UNDER SECTIONS
3301.86
AND 3301.87 OF THE REVISED CODE;
(6) ESTABLISHING GUIDELINES FOR AND OVERSEEING THE GENERAL
RESPONSIBILITIES AND
MISSION OF THE EXECUTIVE DIRECTOR OF THE OHIOREADS
OFFICE.
(B) IN PERFORMING ITS
DUTIES, THE COUNCIL SHALL, TO THE EXTENT PRACTICABLE:
(1) GIVE PRIMARY CONSIDERATION TO THE SAFETY AND WELL-BEING OF
CHILDREN PARTICIPATING IN THE OHIOREADS INITIATIVE;
(2) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING
OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST
ESTABLISHED UNDER DIVISION
(A)(1) OF SECTION 3301.0710 OF
THE REVISED
CODE;
(3) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE
RESOURCES TO LEVERAGE
OHIOREADS
RESOURCES AND RELATED PROGRAMS;
(4) FOCUS ON EARLY READING INTERVENTION STRATEGIES,
PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT;
(5) GIVE PRIORITY TO PROGRAMS
RECOGNIZED AS PROMISING
EDUCATIONAL PRACTICES FOR ACCELERATING
STUDENT ACHIEVEMENT, INCLUDING, BUT NOT LIMITED TO, PROGRAMS
PRIMARILY USING VOLUNTEERS AND PROGRAMS THAT MAY HAVE BEEN REVIEWED BY THE
EDUCATION COMMISSION OF THE STATES.
Sec. 3301.92. THE OHIOREADS OFFICE SHALL PROVIDE
THE
OHIOREADS
COUNCIL WITH STAFF, ADMINISTRATIVE SUPPORT, AND OTHER RESOURCES REQUESTED BY
THE COUNCIL.
Section 2. That existing section 109.57 of the Revised Code is hereby
repealed.
Section 3. (A) Sections 3301.90, 3301.91, and 3301.92 of the
Revised Code are hereby repealed, effective July 1, 2004.
(B) The OhioReads Council is not subject to section 101.84 of
the Revised Code. The Council expires on July 1, 2004, as
provided in division (A) of this section, and not on the date
otherwise prescribed by section 101.84 of the Revised Code.
(C) Not later than January 1, 2004, the Director of Budget and
Management shall submit a written recommendation to the
Governor, the Speaker of the House of Representatives, and the
President of the Senate
of a governmental entity to assume the duties of the
OhioReads Council beginning July 1, 2004, if the General Assembly does not
continue the Council's existence.
Section 4. The OhioReads Council shall collaborate with the Department of
Education and the Ohio Board of Regents to review the
universities
and
colleges approved by the State Board of Education under section 3319.23 of the
Revised Code for the preparation of teachers
to determine the current capability of each to serve
as a resource center to support the OhioReads Initiative. The
review criteria may include, but need not be limited to, the
following:
(A) Developmentally appropriate practices used by faculty in
pre-service and in-service education;
(B) Knowledge of and experience with the recommendations of the
National Reading Association and the National Association for the
Education of Young Children;
(C) Membership in literacy-related professional organizations;
(D) Facility capacity to house the resource center;
(E) Institutional support;
(F) Electronic connectivity to the Ohio Education Computer
Network;
(G) Infrastructure to deliver video distance learning.
No later than January 1, 2000, the Council shall submit a report
of its review and any recommendations to the Governor, the Speaker
of the House of Representatives, the President of the Senate, the
Chancellor of the Ohio Board of Regents, and the Superintendent of
Public Instruction.
Section 5. This act is hereby declared to be an emergency measure necessary
for
the immediate preservation of the public peace, health, and safety. The
reason
for this necessity is that its immediate enactment will permit an expeditious
organization of the OhioReads Initiative so that it will be ready to help
Ohio's
children learn to read when the General Assembly appropriates the funding.
Therefore, this act shall go into immediate effect.
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