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(125th General Assembly)(Amended Substitute House Bill Number 106)
AN ACTTo amend sections 9.314, 2151.011, 2151.421, 2151.86, 2152.18, 3301.0711, 3302.01, 3302.03, 3313.53, 3313.533, 3313.61, 3313.611, 3313.612, 3313.662, 3313.672, 3313.85, 3317.03, 3319.29, 3319.291, 3319.303, 3319.31, 3319.51, 3381.04, and 5139.05 of the Revised Code; to amend Section 7 of Sub. H.B. 196 of the 124th General Assembly and to amend Section 7 of Sub. H.B. 196 of the 124th General Assembly for the purpose of codifying it as section 3319.304 of the Revised Code; and to amend Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly to require that upon a child's discharge or release from the custody of the Department of Youth Services certain records pertaining to that child be released to the juvenile court and to the superintendent of the school district in which the child is entitled to attend school; to specify that a school district's policy on the assignment of students to an alternative school may provide for the assignment of any child released from the custody of the Department of Youth Services to such a school; to make the Department of Youth Services eligible for certain grants and services from the Ohio SchoolNet Commission; to include public and chartered nonpublic schools as out-of-home care entities for the purposes of the Juvenile Code; to exempt limited English proficient students who have been enrolled in United States schools for less than one year from certain testing and accountability requirements; to require the county probate court, instead of the educational service center governing board, to perform the duties of or fill vacancies on the board of education of a local school district if the board fails to perform those duties or fill vacancies; to eliminate the deadline for issuing one-year conditional teaching permits in the area of intervention specialist; to clarify the calculation of transitional aid to school districts in fiscal year 2005; to establish a per student rate to be paid by the Department of Education for a safe school help line; to permit a reverse auction to satisfy any law requiring a political subdivision to competitively bid for services or supplies; and to clarify the minimum population requirement for counties that create a regional arts and cultural district under alternative procedures. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 9.314, 109.57, 2151.011, 2151.421, 2151.86, 2152.18, 3301.0711, 3302.01, 3302.03, 3313.53, 3313.533, 3313.61, 3313.611, 3313.612, 3313.662, 3313.672, 3313.85, 3317.03, 3319.29, 3319.291, 3319.303, 3319.31, 3319.51, 3319.55, 3381.04, and 5139.05 be amended and that Section 7 of Sub. H.B. 196 of the 124th General Assembly be amended and renumbered as section 3319.304 of the Revised Code to read as follows:
Sec. 9.314. (A) As used in this section: (1) "Contracting authority" has the same meaning as in
section 307.92
of the Revised Code. (2) "Internet" means the international computer network of
both
federal and nonfederal interoperable packet switched data
networks,
including the graphical subnetwork called the world wide
web. (3) "Political subdivision" means a municipal corporation,
township, county, school district, or other body corporate and
politic responsible for governmental activities only in geographic
areas
smaller than that of the state and also includes a
contracting authority. (4) "Reverse auction" means a purchasing process in which
offerors
submit proposals in competing to sell services or
supplies in an open
environment via the
internet. (5) "Services" means the furnishing of labor, time, or
effort by a person,
not involving the delivery of a specific end
product other than a report
which, if provided, is merely
incidental to the required performance.
"Services" does not
include services furnished pursuant to employment
agreements or
collective bargaining agreements. (6) "Supplies" means all property, including, but not
limited to,
equipment, materials, other tangible assets, and
insurance, but
excluding real property or interests in real
property. (B) Whenever any political subdivision that is
required by
law to purchase services or supplies by competitive sealed bidding
or competitive sealed proposals determines that the use of
a
reverse auction is
advantageous to the political subdivision, the
political subdivision, in accordance with this
section and rules
the political subdivision shall
adopt, may purchase services or
supplies by reverse auction. (C) A political subdivision shall solicit proposals
through
a request for proposals. The request for proposals shall state
the
relative
importance of price and other evaluation factors.
The political subdivision shall give notice of the
request for
proposals in accordance with the rules it adopts. (D) As provided in the request for proposals and in the
rules a
political subdivision adopts, and to ensure full
understanding of
and responsiveness to solicitation
requirements,
the political subdivision may conduct
discussions with responsible
offerors who submit proposals determined to
be reasonably
susceptible of being selected for award. The
political
subdivision shall accord offerors fair and
equal treatment with
respect to any opportunity for discussion
regarding any
clarification, correction, or revision of their proposals. (E) A political subdivision may award a contract
to the
offeror whose proposal the political subdivision determines
to be
the most advantageous to the political subdivision,
taking into
consideration factors such as price and the evaluation criteria
set forth in the request for proposals. The contract file shall
contain the basis on which the award is made.
(F) The rules that a political subdivision adopts under this
section may require the provision of a performance bond, or
another similar form of financial security, in the amount and in
the form specified in the rules. (G) If a political subdivision is required by law to purchase services or supplies by competitive sealed bidding or competitive sealed proposals, a purchase made by reverse auction satisfies that requirement.
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 in a case in which a child under eighteen years of age was
alleged 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 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 either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact. (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. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section. (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), (5), or (6) 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, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; 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. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. 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
or an entity approved by the OhioReads council
requests, with respect to any individual who applies to participate in
providing any program or service
through an entity approved by the OhioReads council
or
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. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. 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. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code: (a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions; (b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code; (c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas. (2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter. (3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption. (4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following: (a) Receives and cares for children for two or more
consecutive weeks; (b) Participates in the placement of children in
certified
foster homes; (c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency. (B) As used in this chapter: (1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs. (2) "Adult" means an individual who is eighteen years of age
or
older. (3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency. (4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code. (5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age. (6) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home," "certified
type B family day-care home," "type B
home," "administrator
of a
child day-care center," "administrator
of a type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code. (7) "Child day-care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education. (8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code. (9) "Commit" means to vest custody as ordered by the
court. (10) "Counseling" includes both of the following: (a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child. (b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling. (11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child. (12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code. (13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a
public or private facility designed to physically
restrict the movement and
activities of children. (14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code. (15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code. (16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents. (17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year. (18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code. (19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court. (20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following: (a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state; (b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code; (c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code. (21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code. (22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care. (23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code. (24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility. (25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code. (26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere. (27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified foster homes,
placement in a prospective
adoptive home prior to the issuance of
a final decree of adoption,
organizations, certified
organizations, child day-care centers,
type A family day-care
homes, child day-care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes, institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps, public schools, chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children. (28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Engaging in sexual activity with a child in the person's
care; (b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health; (c) Use of restraint procedures on a child that cause
injury
or pain; (d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician; (e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death. (29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child; (b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person; (c) Failure to develop a process for all of the following: (i) Administration of prescription drugs or psychotropic
drugs for the child; (ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed; (iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug. (d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child; (e) Confinement of the child to a locked room without
monitoring by staff; (f) Failure to provide ongoing security for all
prescription
and nonprescription medication; (g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child. (30) "Permanent custody" means a legal status
that vests
in
a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations. (31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency. (32) "Person responsible for a child's care in
out-of-home
care" means any of the following: (a) Any foster caregiver, in-home aide, or provider; (b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp;
day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic; (c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school; (d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children. (33) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction: (a) A substantial impairment of vision, speech, or hearing; (b) A congenital orthopedic impairment; (c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause. (34) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody. (35) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. (36) "Planned permanent living arrangement"
means an order
of a
juvenile court pursuant to which both of the following apply: (a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights. (b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed. (37) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code. (38) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code. (39) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's parents,
guardian, or custodian and stay in the child's
home, subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that the court prescribes,
including supervision as directed by
the court for the protection
of the child. (40) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code. (41) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code. (42) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes. (43) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child. (44) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides. (45) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support. (46) "School day" means the school day established by
the
state
board of education pursuant to section 3313.48 of the
Revised
Code. (47) "School month" and "school year" have the same
meanings
as in
section 3313.62 of the Revised Code. (48) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is designed
to
physically restrict the movement and activities of children and
used for the
placement of children after adjudication and
disposition. (49) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code. (50) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition. (51) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code. (52) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the legal
custody
is granted in an agreement for temporary custody, by the
person
who executed the agreement. (C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion
to the entity or
persons specified in this division. Except as provided in section
5120.173 of the Revised Code, the person making the report shall
make it to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
In the
circumstances described in section 5120.173 of the Revised Code,
the person making the report shall make it to the entity specified
in that section. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county humane society;
person rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities. (2) An attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to that communication and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or physician knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient. (c) The attorney-client or physician-patient relationship
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code. (B)
Anyone,
who knows or suspects that a child under
eighteen
years of age or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or suspicion
to the
entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, a person making a report
or causing a report to be made under this division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the entity specified in that
section. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1)
When a municipal or county peace
officer receives a report concerning the possible
abuse or neglect
of a child or the possible threat of abuse or
neglect of a child,
upon receipt of the report, the municipal or county peace officer
who
receives the report shall refer the report to the appropriate
public children services
agency. (2)
When a public children services agency
receives a report pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency shall comply with section 2151.422 of
the Revised
Code. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention. (G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4), and
(M), and (N)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section, other than
a report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services; (h) The county humane society. (2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. (3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report to be provided with
the following
information: (a) Whether the agency has initiated an
investigation of the
report; (b) Whether the agency is continuing to
investigate the
report; (c) Whether the agency is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (N)(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2151.86. (A)(1) The appointing or hiring officer of
any entity that appoints or employs any person responsible for a
child's care
in out-of-home care shall request the superintendent of BCII to
conduct a
criminal records check with respect to any person who
is under final consideration for
appointment or employment as a person responsible for
a child's care in out-of-home care, except that section 3319.39 of the Revised Code shall apply instead of this section if the out-of-home care entity is a public school, educational service center, or chartered nonpublic school. (2) The administrative director
of an agency, or attorney,
who arranges an adoption for a prospective adoptive
parent shall request the
superintendent of BCII to conduct a criminal records check
with respect
to that prospective adoptive parent. (3) Before a recommending agency submits a recommendation to the
department
of job and family services on whether the department should
issue a certificate to a foster
home under section 5103.03 of the Revised Code, the administrative director of
the agency
shall request that the
superintendent of BCII conduct a criminal records check with respect
to the prospective foster caregiver and all other persons eighteen years of
age
or older who reside with the foster caregiver. (B) If a person subject to a criminal records check
does not present proof that the person 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 of BCII has requested
information
about the
person from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer,
administrative
director, or attorney shall request that the superintendent
of BCII obtain information
from the federal bureau of investigation as a part of the
criminal records check. If the person subject to the criminal
records check presents proof that the person has been a resident of
this state for
that five-year period, the
officer, director, or
attorney may request that
the superintendent of BCII include information from the
federal bureau of
investigation in the criminal records check. An appointing or hiring officer, administrative
director, or attorney required by division (A) of this section
to request a criminal records check shall provide to each
person subject to a criminal records check a copy of the
form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and 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 the
person, and
forward the completed form and impression sheet to the
superintendent of BCII at the time the
criminal records
check is requested. Any person subject to a criminal records
check who receives pursuant to this division
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
shall provide the impression sheet with the impressions of the person's
fingerprints. If
a person subject to a criminal records
check, upon request, fails to provide the
information necessary to complete the form or fails to provide
impressions of the person's
fingerprints, the appointing or hiring officer shall not
appoint or employ
the person as a person
responsible for a child's care in out-of-home care, a probate court may not
issue a final decree of adoption or an interlocutory order of adoption making
the person an adoptive parent,
and the department of job and family services shall not issue a
certificate authorizing the
prospective
foster caregiver to operate a
foster
home. (C)(1) No appointing or hiring
officer shall appoint or employ a person as a person
responsible for a child's care in out-of-home care
and no probate court
shall
issue a final decree of adoption or an interlocutory order of adoption making
a person an adoptive
parent if the
person previously has been convicted of or pleaded guilty to any
of the following, unless the person meets rehabilitation standards
established in rules adopted under division (F) of this
section: (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 been committed 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 described in division (C)(1)(a) of this
section. (2)
The department of job and family services shall not issue a
certificate under section 5103.03 of the Revised Code authorizing a prospective foster
caregiver to operate a foster
home if the department has been notified that the foster caregiver or any
person
eighteen years of age or older who resides with the foster caregiver has been
convicted of or pleaded guilty to a violation of one of the following
offenses,
unless the foster caregiver or other person meets
rehabilitation standards established in rules adopted under division
(F) of this section: (a) Any offense listed in division
(C)(1)(a) of this section or section 2909.02 or
2909.03 of the Revised Code; (b) An existing or former law of this state, any other state, or
the United States that is substantially equivalent to any
offense listed in division (C)(1)(a) of this section
or section 2909.02 or 2909.03 of the Revised Code. (3) The appointing or hiring officer may appoint or employ a
person as a person responsible for a child's care in
out-of-home care
conditionally until the criminal records check required by this
section is completed and the officer receives the results
of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section,
the person subject to the criminal records check does
not qualify for appointment or employment, the
officer shall
release the person from appointment or
employment. (D) The appointing or
hiring officer, administrative director, or attorney 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 a request pursuant to division (A) of this
section. The officer, director, or attorney
may charge the person
subject to the criminal records check a fee
for the costs the officer, director, or attorney incurs in
obtaining the criminal records check. A fee charged under this division shall
not exceed the amount of fees the officer, director, or
attorney pays for the criminal records check. If a fee is
charged under this division, the
officer, director, or attorney shall notify the person
who is the applicant at the time of the person's initial
application for appointment or employment, an adoption to be
arranged, or a
certificate to operate a
foster home of the amount of the fee and that, unless the
fee
is paid, the person who is the applicant will not
be considered for appointment or
employment or as an
adoptive parent or foster caregiver. (E) 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 made under division (A) 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
person who is the subject of the criminal records check or
the person's representative;
the appointing or hiring officer, administrative director, or
attorney requesting
the criminal records check
or the officer's, director's, or attorney's representative;
the department of job and
family services or
a county department of job and family services; and any
court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment, a final decree of adoption
or interlocutory order of adoption, or a foster
home certificate. (F) The director of job and
family services shall
adopt rules
in accordance with Chapter 119. of the Revised Code
to implement this
section. The rules shall include rehabilitation
standards a person who has been convicted
of or pleaded guilty to an offense listed in
division
(C)(1) or (2) of this
section must meet for an appointing or hiring officer to
appoint or employ the person as a person
responsible for a child's care in out-of-home care, a probate court
to
issue a
final decree of adoption or interlocutory order of adoption making the person
an adoptive parent, or the department to issue a certificate
authorizing the prospective foster caregiver to operate a foster home. (G) An appointing or hiring officer,
administrative director, or attorney required by division (A) of
this section
to request a criminal records check shall inform each person who is the
applicant, at
the time of the person's initial application for appointment or
employment,
an adoption to be arranged, or a foster
home certificate, that the person subject to the
criminal records check 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. (H) As used in this section: (1) "Children's hospital" means any of the following: (a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age; (b) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age; (c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (H)(3)(a) of this section. (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. (4) "Person responsible for a child's care in out-of-home care"
has the same meaning as in section 2151.011 of the Revised Code, except that it does not
include a prospective employee of the department of youth services or a person
responsible for a child's care in a hospital or medical clinic other than a
children's hospital. (5) "Person subject to a criminal records check" means the following: (a) A person who is under final consideration for appointment or
employment as a person responsible for a child's care in out-of-home care; (b) A prospective adoptive parent; (c) A prospective foster caregiver; (d) A person eighteen years old or older who resides with a
prospective foster
caregiver. (6) "Recommending agency" means a public children services agency, private
child placing agency, or private noncustodial agency to which the department
of job and family services has delegated a duty to inspect and approve foster
homes. (7) "Superintendent of BCII" means the superintendent of the
bureau of criminal identification and investigation.
Sec. 2152.18. (A) When a juvenile court commits a
delinquent
child to the custody of the department of youth
services pursuant
to this chapter, the court shall not designate
the specific
institution in which the department is to place the
child but
instead shall specify that the child is to be
institutionalized in
a secure facility. (B) When a juvenile court commits a delinquent child to the
custody of the department of youth services pursuant to this
chapter, the
court shall state in the order of commitment the
total
number of days that the child has been held in detention in
connection with the delinquent child complaint upon which the
order of commitment is based. The department shall reduce the
minimum period
of institutionalization that was ordered by both
the total
number of days that the child has been so held in
detention as stated by the
court in the order of commitment and
the total number of any additional days
that the child has been
held in detention subsequent to the order
of commitment but prior
to the transfer of physical custody of the
child to the
department. (C)(1) When a juvenile court commits a delinquent child to
the
custody of the department of youth services pursuant to this
chapter, the
court shall
provide the department with the child's
medical records, a copy of
the report of any mental examination of
the child ordered by the
court, the Revised Code section or
sections the child
violated and the degree of each violation, the
warrant to convey the child to
the department, a copy of the
court's journal entry ordering the
commitment of the child to the
legal custody of the department, a copy of the
arrest record
pertaining to the act for which the child was
adjudicated a
delinquent child, a copy of any victim impact
statement pertaining
to the act, and any other information
concerning the child that
the department reasonably requests. The
court also shall complete
the form for the standard predisposition
investigation report that
the department furnishes pursuant to
section 5139.04 of the
Revised Code and provide the
department with the completed form. The department may refuse to accept physical custody of a
delinquent child who is committed to the legal custody of the
department until the court provides to the department the
documents specified in this division. No officer or employee of
the department who refuses to accept physical custody of a
delinquent child who is committed to the legal custody of the
department shall be subject to prosecution or contempt of court
for the refusal if the court fails to provide the documents
specified in this division at the time the court transfers the
physical custody of the child to the department. (2) Within twenty working days after the department of youth
services receives physical custody of a delinquent child from a
juvenile
court, the court shall provide the department with a
certified copy of
the child's birth certificate and the child's
social security
number or, if the court made all reasonable
efforts to obtain the
information but was unsuccessful, with
documentation of the
efforts it made to obtain the information. (3) If an officer is preparing pursuant to section 2947.06
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any records or reports it possesses regarding that person that it
received from a juvenile court pursuant to division (C)(1) of this
section or that pertain to the treatment of that person after the
person was committed to the custody of the department as a
delinquent child. (D)(1) Within ten days after an adjudication that a
child is
a delinquent child, the court shall give written notice
of the
adjudication to the superintendent of a city, local,
exempted
village, or joint vocational school district, and to the principal
of
the school the child attends, if the basis
of the adjudication
was the commission of an act that would be a
criminal offense if
committed by an adult, if the act was
committed by the delinquent
child when the child was fourteen years of age or
older, and if
the act is any of the following: (a) An act that would be a felony or an offense of violence
if
committed by an adult, an act in the commission of which the
child used or
brandished a firearm, or an
act that is a violation
of section
2907.06, 2907.07, 2907.08, 2907.09,
2907.24,
or
2907.241 of the Revised Code and that would be
a misdemeanor if
committed by an adult; (b) A violation of section 2923.12 of the Revised
Code or of
a substantially similar municipal ordinance that would be
a
misdemeanor if committed by an adult and that was
committed on
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district; (c) A violation of division (A) of section 2925.03 or
2925.11 of the Revised Code that would be a misdemeanor if
committed by an adult, that was committed on property
owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district, and that is not a
minor
drug possession offense; (d) An act that would be a criminal offense if committed by
an
adult and that results in serious physical harm to persons or
serious physical
harm to property while
the child is at school, on
any other property owned or controlled
by the board, or at an
interscholastic competition, an
extracurricular event, or any
other school program or activity; (e) Complicity in any violation described in division
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to
have
been committed in the manner described in division
(D)(1)(a),
(b), (c), or
(d)
of this section, regardless of whether the act of
complicity was committed on property owned or controlled by, or at
an activity
held under the auspices of, the board of
education of
that school district. (2)
The notice given pursuant to
division
(D)(1) of this
section shall include the name of the
child who was adjudicated to
be a delinquent child, the child's age at the
time the child
committed the act that was the
basis of the adjudication, and
identification of the violation of
the law or ordinance that was
the basis of the adjudication. (3)
Within fourteen days after committing a delinquent child
to
the custody of the department of youth services, the court
shall
give notice to the school attended by the child of the
child's
commitment by sending to that school a copy of the court's
journal
entry ordering the commitment. As soon as possible after
receipt
of the notice described in this division, the school shall
provide
the department with the child's school transcript.
However, the
department shall not refuse to accept a child
committed to it, and
a child committed to it shall not be held in
a county or district detention
facility, because of a school's
failure to provide the school transcript that
it
is required to
provide under this division. (4) Within fourteen days after discharging or releasing a child from an
institution under its control, the department of youth services
shall
provide the court and the superintendent of the school district in which the child is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code with an the following:
(a) An updated copy of the
child's
school transcript and a;
(b) A report outlining the child's behavior in school while in the custody of the department;
(c) The child's current individualized education program, as defined in section 3323.01 of the Revised Code, if such a program has been developed for the child;
(d) A summary of the institutional
record of the
child child's behavior. The The department also shall provide the court
with a copy of any portion
of the child's
institutional record
that the court specifically requests, within five
working days of
the request. (E) At any hearing at which a child is adjudicated a
delinquent
child or as soon as possible after the hearing, the
court shall notify all
victims of the delinquent act who may be
entitled to a
recovery under any of the following sections of the
right of the
victims to recover, pursuant to section 3109.09 of
the Revised
Code, compensatory damages from the child's parents;
of the right of
the victims to recover,
pursuant to section
3109.10 of the Revised Code,
compensatory
damages from the child's
parents for willful and malicious
assaults committed by the child;
and of the right of the victims
to recover an award of reparations
pursuant to sections 2743.51 to
2743.72 of the Revised Code.
Sec. 3301.0711. (A) The department of education shall: (1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test administered pursuant to division (B)(10) of this section. In furnishing the practice versions of Ohio graduation tests prescribed by division (F) of section 3301.0710 of the Revised Code, the department shall make the tests available on its web site for reproduction by districts. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents. (2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students. (B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section: (1) Administer the reading test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
section 3313.608 of
the Revised Code.
(2) Administer the mathematics test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade. (3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade. (4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade. (5) Administer the tests prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade. (6) Administer
the tests prescribed under division
(A)(1)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade. (7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade. (8) Except as provided in division (B)(9) of this
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows: (a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade who have not yet attained the score on that test designated
under that division; (b) To any person who 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 but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code or has a three-year average graduation rate of not more than seventy-five per cent, administer each test prescribed by division (F) of section 3301.0710 of the Revised Code in September to all ninth grade students, beginning in the school year that starts July 1, 2005. (C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test
and
instead specifies an
alternate assessment method approved by the
department of
education as conforming to requirements of federal
law for receipt
of federal funds for disadvantaged pupils. To the
extent
possible, the individualized education program shall not
excuse
the student from taking a test unless no reasonable
accommodation
can be made to enable the student to take the test. (b) Any alternate assessment approved by the department
for
a student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised Code. (c) Any
student
enrolled in a chartered
nonpublic school
who has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test. (2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June. (3) As used in this division, "limited English proficient student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English proficient student from taking any particular test required to be administered under this section, but a except that any limited English proficient student who has been enrolled in United States schools for less than one full school year shall not be required to take any such reading or writing test. However, no board shall prohibit a limited English proficient student who is not required to take a test under this division from taking the test. A board may permit any limited English proficient student to take the any test required to be administered under this section with appropriate accommodations, as determined by the department. For each limited English proficient student, each
school district shall annually assess that student's progress
in learning
English, in accordance with procedures approved by the
department. The
governing authority of a
chartered
nonpublic school may excuse a limited English proficient student from taking any test administered under this section. However, no governing authority shall prohibit
a limited English proficient student
from
taking the test. (D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any
student,
the board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on the test.
(2) Following any administration of the tests prescribed by division (F) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has a three-year average graduation rate of not more than seventy-five per cent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice tests. The district also shall consider the scores received by ninth grade students on the reading and mathematics tests prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth grade in determining which high schools shall provide intervention services. Each high school selected to provide intervention services under this division shall provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times. (E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who is not exempt from the requirement to take the test under division (C)(3) of this section. (F) No person shall be charged a fee for taking any test
administered under this section. (G) Not later than sixty days after any administration of
any test prescribed by division (A)(1) or (B) of section 3301.0710 of the Revised Code, the
department shall send to each school district board a list of the
individual test scores of all persons taking the test. For any
tests administered under this section by a joint vocational school
district, the department shall also send to each city, local, or
exempted village school district a list of the individual test
scores of any students of such city, local, or exempted village
school district who are attending school in the joint vocational
school district. (H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section. (I) Except as provided in division (G) of this section,
the
department shall not release any individual test scores on
any
test administered under this section and shall adopt rules to
ensure the protection of student confidentiality at all times. (J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division. (1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district. (2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following: (a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code; (b) Persons described in division (B)(8)(b) of this
section. Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section. (K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department. (2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code to any
chartered nonpublic school electing to participate under this
division. (L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section. (2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent. (M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on the mathematics test described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on any of the
tests
described by division
(A)(1)(b), (c), (d), (e), or (f) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade
level. (N)(1) The
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered, except that the reading test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code shall become a public record on the sixteenth day of July following the school year that the test was administered. (2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions on tests to ensure that different versions of the same test are of comparable difficulty. Field test questions and anchor questions shall not be considered in computing
test scores for
individual students. Field test questions and anchor questions may be
included
as part of the administration of any
test
required by
section
3301.0710 of the Revised Code. (3) Any field test question or anchor question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
(O) As used in this section, "three-year average" and "graduation rate" have the same meanings as in section 3302.01 of the Revised Code.
Sec. 3302.01. As used in this chapter: (A) "Dropout" means a
student who withdraws from school before completing course requirements for
graduation and who is not enrolled in an education program approved by the
state board of education or an education program outside the state. "Dropout"
does not include a student who has departed the country. (B) "Graduation rate" means the
ratio of students receiving a diploma to the number of students who
entered ninth grade four years earlier. Students
who transfer into the district are added to the calculation.
Students who transfer out of the district for reasons other than
dropout are subtracted from the calculation. If a student who
was a dropout in any previous year returns to the same school district, that
student shall be entered into the calculation as if the student had entered
ninth grade four years before the graduation year of the graduating class that
the student joins. (C) "Attendance rate" means the ratio of the number of
students actually in attendance over the course of a school year
to the number of students who were required to be in attendance
that school year, as calculated pursuant to rules of the
superintendent of public instruction. (D) "Three-year average" means the average of the most
recent consecutive three school years of data. (E) "Performance index score" means the average of the totals derived from calculations for each subject area of reading, writing, mathematics, science, and social studies of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the tests prescribed by divisions (A) and (B) of that section. The department of education shall assign weights such that students who do not take a test receive a weight of zero and students who take a test receive progressively larger weights dependent upon the level of skill attained on the test. The department shall also determine the performance index score a school district or building needs to achieve for the purpose of the performance ratings assigned pursuant to section 3302.03 of the Revised Code. Students shall be included in the "performance index score" in accordance with division (D)(2) of section 3302.03 of the Revised Code.
(F) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students.
(G) "Other academic indicators" means measures of student academic performance other than scores on tests administered under section 3301.0710 of the Revised Code, which shall be the attendance rate for elementary and middle schools and the graduation rate for high schools.
(H) "Annual measurable objective" means the yearly percentage of students, which shall be established by the state board, who must score at or above the proficient level on tests established under section 3301.0710 of the Revised Code in reading and mathematics administered to their grade level for a school district or a school building to be deemed to have made sufficient progress for that school year toward the goal of having all students scoring at or above the proficient level on such tests by June 30, 2014. For the school year that begins July 1, 2003, the state board shall establish an "annual measurable objective" in accordance with the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311. In the school year following the first administration of each test established under section 3301.0710 of the Revised Code, the state board shall use the results from such tests to make any necessary adjustments in the applicable annual measurable objective.
(I) "Adequate yearly progress," as required by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a measure of annual academic performance. "Adequate yearly progress" is made by a school district or a school building when, in accordance with division (D)(2) of section 3302.03 of the Revised Code, the district or building satisfies either divisions (I)(1) and (2) of this section or divisions (I)(1) and (3) of this section in the applicable school year:
(1) At least ninety-five per cent of the total student population and of each subgroup enrolled in the district or building at the time of the test administration takes each test in reading and mathematics prescribed by section 3301.0710 of the Revised Code that is administered to their grade level, except that this requirement shall not apply to any subgroup in the district or building that contains less than forty students. Those students taking a test with accommodations or an alternate assessment pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code shall be counted as taking that test for the purposes of this division. Any limited English proficient student who has been enrolled in United States schools for less than one full school year and does not take a reading test administered to the student's grade level shall be counted as taking that test for the purposes of this division if, in the same school year, the student has been assessed to determine the student's progress in learning English in accordance with division (C)(3) of section 3301.0711 of the Revised Code.
(2) The total student population and each subgroup in the district or building, as defined in division (D)(2) of section 3302.03 of the Revised Code, meets or exceeds the annual measurable objective for that school year in reading and mathematics based upon data from the current school year or a three-year average of data and the district or building meets or exceeds the minimum threshold or makes progress on the other academic indicators for that school year. In calculating whether a district or building satisfies this division, the department shall include any subgroup in the district or building that contains thirty or more students, except that the department shall not include the subgroup described in division (F)(2) of this section unless such subgroup contains forty-five or more students. The determination of students in the subgroup described in division (F)(2) of this section who are not required to score at or above the proficient level on tests established under section 3301.0710 of the Revised Code for the purpose of determining whether a district or building satisfies this division shall comply with federal statutes, rules, and regulations.
(3) If the performance of the total student population or any subgroup in the district or building results in the failure of the district or building to satisfy division (I)(2) of this section, the district or building shall fulfill both of the following requirements with respect to the total student population or any pertinent subgroup:
(a) The percentage of students scoring below the proficient level on the applicable tests in the total student population or subgroup decreases by at least ten per cent from the percentage of such students in the total student population or subgroup in the preceding school year or from the average percentage of such students in the total student population or subgroup in the two preceding school years.
(b) The total student population or subgroup meets or exceeds the minimum threshold on the other academic indicators for that school year or makes progress toward meeting the minimum threshold on one of the other academic indicators for that school year. (J) "Supplemental educational services" means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6316.
(K) "Value-added progress dimension" means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement tests prescribed by section 3301.0710 of the Revised Code.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a district all of the following: (1) The extent to which the school district or building
meets each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved; (2) The performance index score of the school district or building;
(3) Whether the school district or building has made adequate yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B)(1) A school district or building shall be declared
excellent if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score established by the department. (b) It has failed to make adequate yearly progress for not more than two consecutive years and either meets at least ninety-four per cent of the applicable state performance indicators or has a performance index score established by the department. (2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements: (a) It makes adequate yearly progress and either meets
at least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department, except that if it does not make adequate yearly progress for three consecutive years, it shall be declared in need of continuous improvement. (3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following requirements: (a) It makes adequate yearly progress, meets less than seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the department. (b) It does not make adequate yearly progress and either meets at least fifty per cent but less than seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department. (4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly progress and either meets at least thirty-one per cent but less than fifty per cent of the
applicable
state
performance
indicators or has a performance index score established by the department. (5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance index score established by the department. (C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress. (2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories: (a) Performance of students by age group; (b) Performance of students by race and ethnic group; (c) Performance of students by gender; (d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years; (e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years; (f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less; (g) Performance of students grouped by those who are
economically disadvantaged; (h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code; (i) Performance of students grouped by those who are classified as limited English proficient;
(j) Performance of students grouped by those who have disabilities;
(k) Performance of students grouped by those who are classified as migrants; (l) Performance of students grouped by those who are identified as gifted pursuant to Chapter 3324. of the Revised Code. The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (C)(3)(a) to (l) of this section that it deems relevant. In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (C)(3) of this section that contains less than ten students. (4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable. (5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code. The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district. (7) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that percentage with the percentages of such teachers in similar districts and buildings. (8) The department shall include on the report card the number of master teachers employed by each district and each building once the data is available from the education management information system established under section 3301.0714 of the Revised Code. (D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a test with
accommodation
or to
whom an
alternate assessment is administered
pursuant to
division
(C)(1) or (3)
of section 3301.0711 of the
Revised
Code. (2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall do both all of the following: (a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any test prescribed by section 3301.0710 of the Revised Code that is administered to the student's grade level; (b) Include cumulative totals from both the fall and spring administrations of the third grade reading achievement test; (c) Except as required by division (I)(1) of section 3302.01 of the Revised Code, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year.
Sec. 3313.53. (A) As used in this section:
(1) "Licensed individual" means an individual who holds a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, or 3319.302, or 3319.304 of the Revised Code.
(2) "Nonlicensed individual" means an individual who does not hold a valid educator license, certificate, or permit issued by the state board of education under section 3319.22, 3319.26, 3319.27, or 3319.302, or 3319.304 of the Revised Code.
(B) The board of education of any city, exempted
village, or local school district may establish and maintain in
connection with the public school systems: (1) Manual training, industrial arts, domestic science,
and commercial departments; (2) Agricultural, industrial, vocational, and trades
schools. Such board may pay from the public school funds, as other
school expenses are paid, the expenses of establishing and
maintaining such departments and schools and of directing,
supervising, and coaching the pupil-activity programs in music,
language, arts, speech, government, athletics, and any others
directly related to the curriculum. (C) The board of education of any city, exempted village, or
local school district may employ a nonlicensed individual to
direct, supervise, or coach a pupil-activity program as long as that individual holds a valid pupil-activity program permit issued by the state board of education under division (A) of section 3319.303 of the Revised Code. (D) A nonlicensed individual who holds a valid pupil-activity program permit may be employed under division (C) of this section only
after the school district's board of education adopts a
resolution stating that it has offered such position to those
employees of the district who are licensed individuals and no such
employee qualified to fill the position has accepted it, and has
then advertised the position as available to any licensed individual who is qualified to fill it and who is not
employed by the board, and no such person has applied for and
accepted the position. A nonlicensed individual so employed
is a nonteaching employee and is not an educational assistant as
defined in section 3319.088 of the Revised Code. As used in this
division and division (C) of this section, pupil-activity program does not include any class or
course required or offered for credit toward a pupil's promotion
to the next grade or for graduation, or any activity conducted as
a part of or required for such a class or course. A
nonlicensed individual employed under this section may
perform only the duties of the director, supervisor, or coach of
the pupil-activity program for which the nonlicensed
individual is employed. The board shall fix the compensation of the nonlicensed
individual so employed, which shall be the same amount as the
position was offered to the district's licensed employees,
and execute a written contract with the nonlicensed
individual for a term not to exceed
one year. The contract shall specify the compensation, duration,
and other terms of employment, and the compensation shall not be
reduced unless such reduction is a part of a uniform plan
affecting the entire district. If the state board suspends, revokes, or limits the pupil-activity program permit of a nonlicensed individual, the school district board may terminate or suspend the employment contract of that individual. Otherwise, no contract issued under this
section shall be terminated or suspended except pursuant to the
procedure established by division (C) of section 3319.081 of the
Revised Code.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be limited to, all of the
following: (1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, or who are exhibiting other academic
or behavioral problems
specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code; (2) The grades served by the school,
which may include any
of grades kindergarten through twelve; (3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following: (a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school; (b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school back to the
regular education program of the district; (c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of the evaluation to the
public. (B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following: (1) A requirement that on each school day students must
attend school or
participate in other
programs specified in the
plan or by the chief administrative officer of the
school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time
required in the
plan or by the chief
administrative officer; (2) Restrictions on student participation in
extracurricular
or interscholastic activities; (3) A requirement that students wear uniforms prescribed by
the
district board of education. (C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities. (D) An alternative school may be
established in all or part
of a school building. (E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district. (G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district. (1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following: (a) A description of the educational program provided at
the
alternative school, which shall include: (i) Provisions for the school to be configured in clusters
or small learning communities; (ii) Provisions for the incorporation of education
technology into the curriculum; (iii) Provisions for accelerated learning programs in
reading and mathematics. (b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code. (c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs; (d) A plan for a student's transition from the alternative
school back to a school operated by the school district; (e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state. (2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve. (3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students. (H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division. (1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information: (a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed; (c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined; (d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed; (e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond; (f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties. (2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following: (a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school; (b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board; (c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school; (d) Financial responsibility. (3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract. The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice. (4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract. (5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract. (6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code. (I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
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)
Subject to section 3313.614 of the Revised Code, the
person
either: (a) 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
section 3313.532 of the
Revised Code or
unless
division (H)
or (L) of this section applies
to the person; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code. (3) The person is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section. Except as provided in divisions (C), (E),
(J), and (L) 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
subject to section 3313.614 of the
Revised Code 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, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code, and
who has met
additional
criteria established by the state board for
the
granting of such a
diploma. 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
or 3301.0712 of the Revised Code to
any person
requesting to take such test pursuant to division
(B)(8)(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 attaining the applicable score on
any such test pursuant to division
(H)
or (L) of this
section
or from taking any such test pursuant to 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
social
studies designated under division (B) of section 3301.0710 of the
Revised Code or the test in
citizenship designated under
former
division (B) of section 3301.0710 of
the Revised Code
as it
existed prior to
September 11, 2001: (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. (K) As used in this division, "limited English proficient student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code. No Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section. (L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the tests prescribed under division (B) of section
3301.0710 of the Revised Code provided an individualized education
program specifically exempts the student from attaining such
scores. This division does not negate the requirement for such a
student to take all such tests or alternate assessments required
by division (C)(1) of section 3301.0711 of the Revised Code for
the purpose of assessing student progress as required by federal
law.
Sec. 3313.611. (A) The state board of education shall
adopt, by rule, standards for awarding high school credit
equivalent to credit for completion of high school academic and
vocational education courses to applicants for diplomas under
this
section. The standards may permit high school credit to be
granted to an applicant for any of the following: (1) Work experiences or experiences as a volunteer; (2) Completion of academic, vocational, or
self-improvement
courses offered to persons over the age of
twenty-one by a
chartered public or nonpublic school; (3) Completion of academic, vocational, or
self-improvement
courses offered by an organization, individual,
or educational
institution other than a chartered public or
nonpublic school; (4) Other life experiences considered by the board to
provide knowledge and learning experiences comparable to that
gained in a classroom setting. (B) The board of education of any city, exempted village,
or
local school district that operates a high school shall grant
a
diploma of adult education to any applicant if all of the
following apply: (1) The applicant is a resident of the district; (2) The applicant is over the age of twenty-one and has
not
been issued a diploma as provided in section 3313.61 of the
Revised Code; (3)
Subject to section 3313.614 of the Revised Code, the
applicant
either: (a) Has attained the applicable scores
designated under
division (B) of section 3301.0710 of the Revised
Code on all of
the tests required by that division or was excused
or exempted
from any such test pursuant to
section 3313.532 or was exempted from attaining the applicable score on any such test pursuant to division (H)
or (L) of section
3313.61 of the Revised Code; (b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code. (4) The district board determines, in accordance with the
standards adopted under division (A) of this section, that the
applicant has attained sufficient high school credits, including
equivalent credits awarded under such standards, to qualify as
having successfully completed the curriculum required by the
district for graduation. (C) If a district board determines that an applicant is
not
eligible for a diploma under division (B) of this section, it
shall inform the applicant of the reason the applicant is
ineligible and shall provide a list of any courses required for
the diploma
for
which the applicant has not received credit. An
applicant may
reapply for a diploma under this section at any
time. (D) If a district board awards an adult education diploma
under this section, the president and treasurer of the board and
the superintendent of schools shall sign it. Each diploma shall
bear the date of its issuance, be in such form as the district
board prescribes, and be paid for from the district's general
fund, except that the state board may by rule prescribe standard
language to be included on each diploma. (E) As used in this division, "limited English proficient student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code. No Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.612.
(A) No
nonpublic school chartered by the
state board of education shall
grant any high school diploma to
any person unless the person has
attained, subject to section
3313.614 of the Revised Code 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, or has satisfied
the alternative
conditions prescribed in section 3313.615 of the
Revised Code. (B) This
section does not apply to
either
of the
following: (1) Any person with
regard to any test from which the person
was excused pursuant to
division (C)(1)(c) of section 3301.0711 of
the Revised Code; (2) Any person
with
regard to the
social studies test
or
the
citizenship
test under former division (B) of section
3301.0710 of
the Revised
Code as it existed prior to
September 11, 2001,
if all of the
following apply: (a) The person is not a citizen of the United States; (b) The person is not a permanent resident of the United
States; (c) The person indicates no intention to
reside in the
United States after completion of high school. (C) As used in this division, "limited English proficient student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code. No Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
Sec. 3313.662. (A) The superintendent of public
instruction, pursuant to this section and the adjudication
procedures of section 3301.121 of the Revised Code, may issue an
adjudication order that permanently excludes a pupil from
attending any of the public schools of this state if the pupil is
convicted of, or adjudicated a delinquent child for, committing,
when the pupil was sixteen years of age or older, an act that would
be a criminal offense if committed by an adult and if the act is any
of the following: (1) A violation of section 2923.122 of the Revised Code; (2) A violation of section 2923.12 of the Revised Code, of
a substantially similar municipal ordinance, or of section 2925.03 of
the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, a
board of education of a city, local, exempted village, or joint
vocational school district; (3) A violation of section 2925.11 of the Revised
Code, other than a violation of that
section that would be a minor drug possession offense, that was committed on
property owned or controlled by, or at an activity held under the auspices of,
the board of education of a city, local, exempted village, or joint vocational
school district; (4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2907.02, or 2907.05 or of former section 2907.12 of the
Revised Code that was committed on property owned or controlled
by, or at an activity held under the auspices of, a board of
education of a city, local, exempted village, or joint vocational
school district, if the victim at the time of the commission of
the act was an employee of that board of education; (5) Complicity in any violation described in division
(A)(1), (2), (3), or (4) of this section that was
alleged to have been
committed in the manner described in division (A)(1), (2),
(3), or (4) of this section, regardless of whether the act of
complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, a board of education of a city,
local, exempted village, or joint vocational school district. (B) A pupil may be suspended or expelled in accordance
with section 3313.66 of the Revised Code prior to being
permanently excluded from public school attendance under this
section and section 3301.121 of the Revised Code. (C)(1) If the superintendent of a city, local, exempted
village, or joint vocational school district in which a pupil
attends school obtains or receives proof that the pupil has been
convicted of committing when the pupil was sixteen years of age or
older a violation listed in division (A) of this section or adjudicated
a delinquent child for the commission when the pupil was sixteen
years of age or older of a violation listed in division (A) of this
section, the superintendent may issue to the board of education
of the school district a request that the pupil be permanently
excluded from public school attendance, if both of the following
apply: (a) After obtaining or receiving proof of the
conviction or adjudication, the superintendent or the superintendent's
designee determines
that the pupil's continued attendance in school may endanger the
health and safety of other pupils or school employees and gives
the pupil and the pupil's parent, guardian, or custodian written notice
that the superintendent intends to recommend to the board of
education that the board adopt a resolution requesting the
superintendent of public instruction to permanently exclude the
pupil from public school attendance. (b) The superintendent or the superintendent's designee forwards
to the board of education the superintendent's written recommendation
that includes the determinations the superintendent or
designee made pursuant
to division (C)(1)(a) of this section and a copy of the proof the
superintendent
received showing that the pupil has been convicted of or
adjudicated a delinquent child for a violation listed in division
(A) of this section that was committed when the pupil was sixteen
years of age or older. (2) Within fourteen days after receipt of a recommendation
from the superintendent pursuant to division (C)(1)(b) of this
section that a pupil be permanently excluded from public school
attendance, the board of education of a city, local, exempted
village, or joint vocational school district, after review and
consideration of all of the following available information, may
adopt a resolution requesting the superintendent of public
instruction to permanently exclude the pupil who is the subject
of the recommendation from public school attendance: (a) The academic record of the pupil and a record of any
extracurricular activities in which the pupil previously was
involved; (b) The disciplinary record of the pupil and any available
records of the pupil's prior behavioral problems other than the
behavioral problems contained in the disciplinary record; (c) The social history of the pupil; (d) The pupil's response to the imposition of prior
discipline and sanctions imposed for behavioral problems; (e) Evidence regarding the seriousness of and any
aggravating factors related to the offense that is the basis of
the resolution seeking permanent exclusion; (f) Any mitigating circumstances surrounding the offense
that gave rise to the request for permanent exclusion; (g) Evidence regarding the probable danger posed to the
health and safety of other pupils or of school employees by the
continued presence of the pupil in a public school setting; (h) Evidence regarding the probable disruption of the
teaching of any school district's graded course of study by the
continued presence of the pupil in a public school setting; (i) Evidence regarding the availability of alternative
sanctions of a less serious nature than permanent exclusion that
would enable the pupil to remain in a public school setting
without posing a significant danger to the health and safety of
other pupils or of school employees and without posing a threat
of the disruption of the teaching of any district's graded course
of study. (3) If the board does not adopt a resolution requesting
the superintendent of public instruction to permanently exclude
the pupil, it immediately shall send written notice of that fact
to the superintendent who sought the resolution, to the pupil who
was the subject of the proposed resolution, and to that pupil's
parent, guardian, or custodian. (D)(1) Upon adoption of a resolution under division (C) of
this section, the board of education immediately shall forward to
the superintendent of public instruction the written resolution,
proof of the conviction or adjudication that is the basis of the
resolution, a copy of the pupil's entire school record, and any
other relevant information and shall forward a copy of the
resolution to the pupil who is the subject of the recommendation
and to that pupil's parent, guardian, or custodian. (2) The board of education that adopted and forwarded the
resolution requesting the permanent exclusion of the pupil to the
superintendent of public instruction promptly shall designate a
representative of the school district to present the case for
permanent exclusion to the superintendent or the referee
appointed by the superintendent. The representative of the
school district may be an attorney admitted to the practice of
law in this state. At the adjudication hearing held pursuant to
section 3301.121 of the Revised Code, the representative of the
school district shall present evidence in support of the
requested permanent exclusion. (3) Upon receipt of a board of education's resolution
requesting the permanent exclusion of a pupil from public school
attendance, the superintendent of public instruction, in
accordance with the adjudication procedures of section 3301.121
of the Revised Code, promptly shall issue an adjudication order
that either permanently excludes the pupil from attending any of
the public schools of this state or that rejects the resolution
of the board of education. (E) Notwithstanding any provision of section 3313.64 of
the Revised Code or an order of any court of this state that
otherwise requires the admission of the pupil to a school, no
school official in a city, local, exempted village, or joint
vocational school district knowingly shall admit to any school in
the school district a pupil who has been permanently excluded
from public school attendance by the superintendent of public
instruction. (F)(1)(a) Upon determining that the school attendance of a
pupil who has been permanently excluded from public school attendance
no longer will endanger the health and safety of other students
or school employees, the superintendent of any city, local,
exempted village, or joint vocational school district in which
the pupil desires to attend school may issue to the board of
education of the school district a recommendation, including the
reasons for the recommendation, that the permanent exclusion of a
pupil be revoked and the pupil be allowed to return to the public
schools of the state. If any violation which in whole or in part gave rise to the permanent
exclusion of any pupil involved the pupil's bringing a firearm to a school
operated by the board of education of a school district or on to
onto any other property owned or operated by such a board, no
superintendent shall recommend under this division an effective date for the
revocation of the pupil's permanent exclusion that is less than one year after
the date on which the
last such firearm incident occurred. However, on a case-by-case basis, a
superintendent may recommend an earlier effective date for such a revocation
for any of the reasons for which he the superintendent may
reduce the one-year expulsion
requirement in division (B)(2) of section 3313.66 of the Revised Code. (b) Upon receipt of the recommendation of the
superintendent that a permanent exclusion of a pupil be revoked,
the board of education of a city, local, exempted village, or
joint vocational school district may adopt a resolution by a
majority vote of its members requesting the superintendent of
public instruction to revoke the permanent exclusion of the
pupil. Upon adoption of the resolution, the board of education
shall forward a copy of the resolution, the reasons for the
resolution, and any other relevant information to the
superintendent of public instruction. (c) Upon receipt of a resolution of a board of education
requesting the revocation of a permanent exclusion of a pupil,
the superintendent of public instruction, in accordance with the
adjudication procedures of Chapter 119. of the Revised Code,
shall issue an adjudication order that revokes the permanent
exclusion of the pupil from public school attendance or that
rejects the resolution of the board of education. (2)(a) A pupil who has been permanently excluded pursuant
to this section and section 3301.121 of the Revised Code may
request the superintendent of any city, local, exempted village,
or joint vocational school district in which the pupil desires to
attend school to admit the pupil on a probationary basis for a
period not to exceed ninety school days. Upon receiving the
request, the superintendent may enter into discussions with the
pupil and with the pupil's parent, guardian, or custodian or a
person designated by the pupil's parent, guardian, or custodian
to develop a probationary admission plan designed to assist the
pupil's probationary admission to the school. The plan may
include a treatment program, a behavioral modification program,
or any other program reasonably designed to meet the educational
needs of the child and the disciplinary requirements of the
school. If any violation which in whole or in part gave rise to the permanent
exclusion of the pupil involved the pupil's bringing a firearm to a school
operated by the board of education of any school district or on to
onto any other property owned or operated by such a board, no plan
developed under this division for the pupil shall include an effective date
for the probationary admission of the pupil that is less than one year after
the date on which the last such firearm incident occurred except that on a
case-by-case basis, a
plan may include an earlier effective date for such an admission for any of
the reasons for which the superintendent of the district may reduce the
one-year expulsion requirement in division (B)(2) of section 3313.66
of the Revised Code. (b) If the superintendent of a school district, a pupil,
and the pupil's parent, guardian, or custodian or a person
designated by the pupil's parent, guardian, or custodian agree
upon a probationary admission plan prepared pursuant to division
(F)(2)(a) of this section, the superintendent of the school
district shall issue to the board of education of the school
district a recommendation that the pupil be allowed to attend
school within the school district under probationary admission,
the reasons for the recommendation, and a copy of the agreed upon
probationary admission plan. Within fourteen days after the
board of education receives the recommendation, reasons, and
plan, the board may adopt the recommendation by a majority vote
of its members. If the board adopts the recommendation, the
pupil may attend school under probationary admission within that
school district for a period not to exceed ninety days or any
additional probationary period permitted under divisions
(F)(2)(d) and (e) of this section in accordance with the
probationary admission plan prepared pursuant to division
(F)(2)(a) of this section. (c) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section fails to comply with the probationary admission plan
prepared pursuant to division (F)(2)(a) of this section, the
superintendent of the school district immediately may remove the
pupil from the school and issue to the board of education of the
school district a recommendation that the probationary admission
be revoked. Within five days after the board of education
receives the recommendation, the board may adopt the
recommendation to revoke the pupil's probationary admission by a
majority vote of its members. If a majority of the board does
not adopt the recommendation to revoke the pupil's probationary
admission, the pupil shall continue to attend school in
compliance with the pupil's probationary admission plan. (d) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section complies with the probationary admission plan prepared
pursuant to division (F)(2)(a) of this section, the pupil or the
pupil's
parent, guardian, or custodian, at any time before the expiration
of the ninety-day probationary admission period, may request the
superintendent of the school district to extend the terms and
period of the pupil's probationary admission for a period not to
exceed ninety days or to issue a recommendation pursuant to division
(F)(1) of this section that the pupil's permanent exclusion be
revoked and the pupil be allowed to return to the public schools
of this state. (e) If a pupil is granted an extension of the pupil's probationary
admission pursuant to division (F)(2)(d) of this section, the
pupil or the pupil's parent, guardian, or custodian, in the manner
described in that division, may request, and the superintendent
and board, in the manner described in that division, may
recommend and grant, subsequent probationary admission periods not
to exceed ninety days each. If a pupil who is permitted to
attend school under an extension of a probationary admission plan
complies with the probationary admission plan prepared pursuant
to the extension, the pupil or the pupil's parent,
guardian, or custodian may
request a revocation of the pupil's permanent exclusion in the
manner described in division (F)(2)(d) of this section. (f) Any extension of a probationary admission requested by
a pupil or a pupil's parent, guardian, or custodian pursuant to
divisions (F)(2)(d) or (e) of this section shall be subject to
the adoption and approval of a probationary admission plan in the
manner described in divisions (F)(2)(a) and (b) of this section
and may be terminated as provided in division (F)(2)(c) of this
section. (g) If the pupil has complied with any probationary
admission plan and the superintendent issues a recommendation
that seeks revocation of the pupil's permanent exclusion pursuant
to division (F)(1) of this section, the pupil's compliance with
any probationary admission plan may be considered along with
other relevant factors in any determination or adjudication
conducted pursuant to division (F)(1) of this section. (G)(1) Except as provided in division (G)(2) of this
section, any information regarding the permanent exclusion of a
pupil shall be included in the pupil's official records and shall
be included in any records sent to any school district that
requests the pupil's records. (2) When a pupil who has been permanently excluded from
public school attendance reaches the age of twenty-two or when
the permanent exclusion of a pupil has been revoked, all school
districts that maintain records regarding the pupil's permanent
exclusion shall remove all references to the exclusion from the
pupil's file and shall destroy them. A pupil who has reached the age of twenty-two or whose
permanent exclusion has been revoked may send a written notice to
the superintendent of any school district maintaining records of
the pupil's permanent exclusion requesting the superintendent to
ensure
that the records are removed from the pupil's file and destroyed.
Upon receipt of the request and a determination that the pupil is
twenty-two years of age or older or that the pupil's permanent
exclusion has been revoked, the superintendent shall ensure that
the records are removed from the pupil's file and destroyed. (H)(1) This section does not apply to any of the
following: (a) An institution that is a residential facility, that
receives and cares for children, that is maintained by the
department of youth services, and that operates a school
chartered by the state board of education under section 3301.16
of the Revised Code; (b) Any on-premises school operated by an out-of-home care
entity, other than a school district, that is chartered by the state board of education under
section 3301.16 of the Revised Code; (c) Any school operated in connection with an out-of-home
care entity or a nonresidential youth treatment program that
enters into a contract or agreement with a school district for
the provision of educational services in a setting other than a
setting that is a building or structure owned or controlled by
the board of education of the school district during normal
school hours. (2) This section does not
prohibit any person who has been permanently excluded pursuant to
this section and section 3301.121 of the Revised Code from
seeking a certificate of high school equivalence. A person who
has been permanently excluded may be permitted to participate in
a course of study in preparation for the tests of general
educational development, except that the person shall not
participate during normal school hours in that course of study in any
building or structure owned or controlled by the board of
education of a school district. (3) This section does not
relieve any school district from any requirement under section
2151.357 or 3313.64 of the Revised Code to pay for the cost of
educating any child who has been permanently excluded pursuant to
this section and section 3301.121 of the Revised Code. (I) As used in this section: (1) "Permanently exclude" means to forever prohibit an
individual from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district. (2) "Permanent exclusion" means the prohibition of a pupil
forever from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district. (3) "Out-of-home care" has the same meaning as in section
2151.011 of the Revised Code. (4) "Certificate of high school equivalence" has the same
meaning as in section 4109.06 of the Revised Code. (5) "Nonresidential youth treatment program" means a
program designed to provide services to persons under the age of
eighteen in a setting that does not regularly provide long-term
overnight care, including settlement houses, diversion and
prevention programs, run-away centers, and alternative education
programs. (6) "Firearm" has the same meaning as provided pursuant to the
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2). (7) "Minor drug possession offense" has the same meaning
as in section 2925.01 of the Revised Code.
Sec. 3313.672. (A)(1) At the time of
initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
the pupil by the
public
or nonpublic elementary or secondary school
the pupil
most
recently attended; a certified copy of an order or decree, or
modification of such an order or decree allocating parental rights
and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued;
a copy of a power of attorney or caretaker
authorization affidavit, if either has been executed with respect
to the child pursuant to sections 3109.51 to 3109.80 of the
Revised Code; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in
lieu of a certificate or certification of birth by the person
in
charge of admission: (a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child; (b) An attested transcript of the certificate of birth; (c) An attested transcript of the certificate of baptism
or
other religious record showing the date and place of birth of
the
child; (d) An attested transcript of a hospital record showing
the
date and place of birth of the child; (e) A birth affidavit. (2) Within If a pupil requesting admission to a school of the school district in which the pupil is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code has been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code just prior to requesting admission to the school, no school official shall admit that pupil until the records described in divisions (D)(4)(a) to (d) of section 2152.18 of the Revised Code have been received by the superintendent of the school district. (3) Except as otherwise provided in division (A)(2) of this section, within twenty-four hours of the entry into the school
of
a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school
the pupil
most recently attended. If the public or nonpublic school the
pupil
claims to have most recently attended indicates that it has
no
record of the pupil's attendance or the records are not
received
within fourteen days of the date of request, or if the
pupil does
not present a certification of birth described in
division (A)(1)
of this section, a comparable certificate or
certification from
another state, territory, possession, or
nation, or another
document specified in divisions (A)(1)(a) to
(d) of this section,
the principal or chief administrative officer
of the school shall
notify the law enforcement agency having
jurisdiction in the area
where the pupil resides of this fact and
of the possibility that
the pupil may be a missing child, as
defined in section 2901.30
of the Revised Code. (B)(1) Whenever an order or decree allocating parental
rights
and responsibilities for the care of a child and
designating a
residential parent and legal custodian of the child,
including a
temporary order, is issued resulting from an action of
divorce,
alimony, annulment, or dissolution of marriage, and the
order or
decree pertains to a child who is a pupil in a public or
nonpublic school, the residential parent of the child shall
notify
the school of those allocations and designations by
providing the
person in charge of admission at the pupil's school
with a
certified copy of the order or decree that made the
allocation and
designation. Whenever there is a modification of
any order or
decree allocating parental rights and
responsibilities for the
care of a child and designating a
residential parent and legal
custodian of the child that has been
submitted to a school, the
residential parent shall provide the
person in charge of admission
at the pupil's school with a
certified copy of the order or decree
that makes the
modification.
(2) Whenever a power of attorney is executed under sections
3109.51 to 3109.62 of the Revised Code that pertains to a child
who is a pupil in a public or nonpublic school, the attorney in
fact shall notify the school of the power of attorney by providing
the person in charge of admission with a copy of the power of
attorney. Whenever a caretaker authorization affidavit is
executed under sections 3109.64 to 3109.73 of the Revised Code
that pertains to a child who is in a public or nonpublic school,
the grandparent who executed the affidavit shall notify the school of the
affidavit by providing the person in charge of admission with a
copy of the affidavit. (C) If, at the time of a pupil's initial entry to a public
or nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the
Revised Code, the pupil or
the pupil's parent shall
notify the
school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests
the
pupil's records of that fact.
Sec. 3313.85. If the board of education of any city or, exempted
village, or local school district or the governing board of any educational service
center fails to perform the duties imposed upon it or fails to
fill a vacancy in such board within a period of thirty days after
such vacancy
occurs, the probate court of the county in which such district
or service center is located,
upon being advised and satisfied of such failure, shall act as such board and
perform all duties imposed upon such board. If the board of any local school district fails to perform the duties imposed
upon it or fails to fill a vacancy in such board within a period of thirty
days after such vacancy occurs, the board of
the educational service center in which such
district is located, upon being advised and satisfied of such failure, shall
act as such board and perform all duties imposed upon such board.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section. (A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following: (1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination: (a) Students enrolled in adult education classes; (b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code; (d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code. (2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities: (a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school; (b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section; (c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code; (d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code; (e) An educational service
center or cooperative education
district; (f) Another school district
under a cooperative education
agreement, compact, or contract. (3) Twenty per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact; (4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero. (B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts: (1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision; (2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section; (3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution; (4) The number of pupils enrolled in joint vocational
schools; (5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code; (6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code; (7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code; (8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code; (9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code; (10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code; (11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center; (12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center; (13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education; (14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998; (b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code; (c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code; (d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code; (e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code; (f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code; (g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows: (a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM. (b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes. (4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district. (D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section: (a) Students enrolled in adult education classes; (b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district; (d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code. (2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students: (a) Students enrolled in each grade included in the joint
vocational district schools; (b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code; (c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code; (d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code; (e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code; (f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code; (g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code; (h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code; (i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code. The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code. (E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following: (1) Any pupil who has graduated from
the twelfth grade of a
public high school; (2) Any pupil who is not a resident of the state; (3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) or (3) of that section; (4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge. If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership. Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education. Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the first full school week
in
October by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction. The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education. (F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. (2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code. (3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the first full school week of October for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October. (G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the department of education, in the
manner prescribed
by the superintendent of public instruction. (b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction. (2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the Revised Code shall
do both of
the following: (a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes; (b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes. (3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day. (b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code. (H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education. (I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership. (2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership: (a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code; (b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school. (J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code. Sec. 3319.29. Each application for any license or
certificate pursuant
to sections 3319.22 to
3319.27 of the Revised
Code or for any permit
pursuant to section 3319.301 or, 3319.302, 3319.303, or 3319.304 of the Revised
Code, or renewal or
duplicate of such a license, certificate, or
permit,
shall be accompanied by the payment of a fee in the amount
established under
division (A)
of section 3319.51 of the Revised
Code. Any fees received under
this section shall be paid into the
state treasury to the credit
of the state board of education
licensure fund
established under division (B) of section 3319.51
of the Revised Code. Any person applying for or holding a license,
certificate, or
permit pursuant to this section and sections
3319.22 to 3319.27 or section
3319.301 or, 3319.302, 3319.303, or 3319.304 of the Revised Code is
subject to
sections 3123.41 to
3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code and
sections 3319.31 and
3319.311 of
the Revised Code.
Sec. 3319.291. (A) When any
person initially applies for
any certificate, license, or permit described in division (B) of
section 3301.071, in section 3301.074,
3319.088, or 3319.29, 3319.302, or 3319.304, or in division (A) of section 3319.303 of the Revised Code, the state board of
education shall require the person to submit with the application
two complete sets of fingerprints and written permission that
authorizes the superintendent of public instruction to forward
the fingerprints to the bureau of criminal identification and
investigation pursuant to division (F) of section 109.57 of the
Revised Code and that authorizes that bureau to forward the
fingerprints to the federal bureau of investigation for purposes
of obtaining any criminal records that the federal bureau
maintains on the person. (B) The state board of education or the superintendent of
public instruction may shall request the superintendent of the bureau
of criminal identification and investigation to do either or both
of the following: (1) Investigate investigate and determine whether the bureau has any
information, gathered pursuant to division (A) of section 109.57
of the Revised Code, pertaining to any person submitting
fingerprints and written permission under this section;
(2) Obtain. If the person does not present proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the investigation described in this division is requested, or does not provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the person from the federal bureau of investigation, the state board or the superintendent of public instruction shall request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of
investigation has on the person. If the person presents proof that the person has been a resident of this state for that five-year period, the state board or the superintendent of public instruction may request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of investigation has on the person.
Sec. 3319.303. (A) The state board of education shall adopt rules establishing standards and requirements for obtaining a pupil-activity program permit for any individual who does not hold a valid educator license, certificate, or permit issued by the state board under section 3319.22, 3319.26, 3319.27, or 3319.302, or 3319.304 of the Revised Code. The permit issued under this section shall be valid for coaching, supervising, or directing a pupil-activity program under section 3313.53 of the Revised Code. Subject to the provisions of section 3319.31 of the Revised Code, a permit issued under this section shall be valid for three years and shall be renewable.
(B) The state board shall adopt rules applicable to individuals who hold valid educator licenses, certificates, or permits issued by the state board under section 3319.22, 3319.26, 3319.27, or 3319.302, or 3319.304 of the Revised Code setting forth standards to assure any such individual's competence to direct, supervise, or coach a pupil-activity program. The rules adopted under this division shall not be more stringent than the standards set forth in rules applicable to individuals who do not hold such licenses, certificates, or permits adopted under division (A) of this section.
Sec. 7 3319.304. No one-year
conditional teaching permit in the
area of intervention specialist
shall be issued under this section
later than three years after
the effective date of this act.
Unless the provisions of division (B) or (C) of section
3319.31 of the Revised Code apply to an applicant, the State Board state board
of Education education shall issue a one-year conditional teaching permit in
the area of intervention specialist, as defined by rule of the
state board, to any applicant who meets the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed by the State Board state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the principles and practices of
teaching exceptional children, including such topics as child and
adolescent development, diagnosis and assessment of children with
disabilities, curriculum design and instruction, applied
behavioral analysis, and how to best teach students from
culturally diverse backgrounds with different learning styles;
(D) The applicant has entered into a written agreement with
the Department department of Education education and the school district, community
school, or nonprofit or for profit entity operating an alternative
school under section 3313.533 of the Revised Code that will employ
the applicant under which the district, school, or entity will
provide for the applicant a structured mentoring program in the
teaching of exceptional children that is aligned with the
performance expectations prescribed by State Board state board rule for
entry-year teachers.
(E) The applicant agrees to complete while employed under the
one-year teaching permit the equivalent of an additional three
semester hours of coursework in the content and methods of
teaching reading. The coursework may be completed through classes
offered by regional professional development providers, such as
special education regional resource centers, regional professional
development centers, educational service centers, local
educational agencies, professional organizations, and institutions
of higher education, if the coursework is taken for credit in
collaboration with a college or university that has a teacher
education program approved by the State Board state board.
(F) The applicant agrees to seek at the conclusion of the
year in which the individual is employed under the one-year
teaching permit issued under this section an alternative educator
license issued under section 3319.26 of the Revised Code in the
area of intervention specialist. The applicant shall not be
reemployed by the school district, community school, or nonprofit
or for profit entity operating an alternative school under section
3313.533 of the Revised Code or be employed by another such
district, school, or entity unless that alternative educator
license is issued to the applicant prior to the beginning of the
next school year. (G) The applicant pays the fee established under section
3319.51 of the Revised Code applicable to one-year conditional
teaching permits issued under section 3319.302 of the Revised
Code. Such fee shall be deposited in the State Board of Education
Licensure Fund in accordance with division (B) of section 3319.51
of the Revised Code. Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in division (B)
of
section 3301.071, in section 3301.074,
3319.088,
3319.29,
or
3319.302, or 3319.304, or in division (A) of section 3319.303
of the Revised Code. (B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant,
may limit a license it issues to an
applicant, or may suspend,
revoke, or limit a
license that has been issued to any person: (1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position; (2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following: (a) A felony; (b) A violation of section 2907.04 or 2907.06 or
division
(A) or (B) of section 2907.07 of the Revised Code; (c) An offense of violence; (d) A theft offense, as defined in section 2913.01 of the
Revised Code; (e) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor; (f) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e) of
this section. (C) The state board may take action under division (B) of
this section on the basis of substantially comparable conduct
occurring in a jurisdiction outside this state or occurring
before
a person applies for or receives any license. (D) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3319.51. (A) The state board of education shall
annually establish the amount of the fees required to be paid
under division (B) of section 3301.071, under sections 3301.074,
3319.088,
3319.29, and 3319.302, and 3319.304, and under division (A) of section 3319.303 of the Revised
Code. The
amount
of these fees shall be such that they, along
with any
appropriation made to the fund established under
division (B) of
this section, will be sufficient to cover the
annual estimated
cost of administering the sections of law listed
under division
(B) of this section. (B) There is hereby established in the state treasury the
state board of education licensure fund, which shall be used
by
the state board of education solely to pay the cost of
administering sections 3301.071, 3301.074,
3319.088, 3319.22,
3319.29, 3319.291, 3319.301,
3319.302, 3319.303, 3319.304, and 3319.31 of the
Revised Code. The fund shall
consist of the amounts paid into the
fund pursuant
to division (B) of section 3301.071, sections
3301.074,
3319.088,
3319.29, and 3319.302, and 3319.304, and division (A) of section 3319.303 of the Revised Code
and
any appropriations to the fund by the general assembly.
Sec. 3319.55. (A) A grant program is hereby established to
recognize and reward public school teachers who hold valid teaching
certificates or licenses issued by the national board for professional
teaching
standards. The superintendent of public instruction shall administer this
program in accordance with this section and rules which the state board of
education shall adopt in accordance with Chapter 119. of the Revised Code. In each fiscal year that the general assembly appropriates funds for
purposes of this section, the superintendent of public instruction shall award
a grant to each person who, by the first day of August April of that year
and in
accordance with the rules adopted under this section, submits to the
superintendent evidence indicating all of the following: (1) The person holds a valid certificate or license issued by the national
board for professional teaching standards; (2) The person was has been employed full-time as a teacher by the board of
education of a school district in this state during the current school year that
immediately preceded the fiscal year; (3) The date the person was accepted into the national board certification or licensure program. An individual may receive a grant under this section in each fiscal year the
person is eligible for a grant and submits evidence of that eligibility in
accordance with this section. (B) The amount of the grant awarded to each eligible person under
division (A) of this section in any fiscal year shall equal the following: (1) Two
thousand five hundred dollars for any teacher accepted as a candidate for certification or licensure by the national board on or before May 31, 2003, and issued a certificate or license by the national board on or before December 31, 2004; (2) One thousand dollars for any other teacher issued a certificate or license by the national board. However, if the funds appropriated for
purposes of this section in any fiscal year are not sufficient to award the
full grant amount to each person who is eligible in that fiscal year, the superintendent shall prorate the
amount of the grant awarded in that fiscal year to each eligible person.
Sec. 3381.04. In lieu of the procedure set forth in
section 3381.03 of the Revised Code, any county containing a city
with a population of five hundred thousand or more may at any
time prior to the creation of a regional arts and cultural
district pursuant to section 3381.03 of the Revised Code, create
a regional arts and cultural district by adoption of a resolution
or ordinance by the board of county commissioners of such county.
Such resolution shall state: (A) The purposes for the creation of the district; (B)
That the territory of the district shall be coextensive with the
territory of such county; (C) The official name by which the district shall be
known; (D) The location of the principal office of the district
or the manner in which the location shall be selected. The district provided for in such resolution or ordinance
shall be created upon the adoption of such resolution or
ordinance by the board of county commissioners of such county.
Upon the adoption of such resolution or ordinance, such county
and the municipal corporations and townships contained therein
shall not thereafter be a part of any other regional arts and
cultural district. The board of trustees of any regional arts and cultural
district formed in accordance with this section shall be
comprised of the same persons who comprise such county's board of
county commissioners. Sec. 5139.05. (A) The juvenile court may commit any child
to the department of youth services as authorized in
Chapter
2152. of the Revised
Code, provided that any child so
committed
shall be at least ten years of age at the time
of the child's
delinquent act, and, if the child is ten
or eleven years of age,
the delinquent act is a
violation of section 2909.03 of the
Revised Code or would be aggravated murder, murder, or a
first or
second degree felony
offense of violence if committed by an adult.
Any order to commit a
child to an
institution
under the control
and management of the department shall have the
effect of ordering
that the child be committed to the department
and assigned to an
institution as follows: (1) For an indefinite term consisting
of the prescribed
minimum period specified by the court
under
division (A)(1) of
section 2152.16 of the Revised Code and a
maximum
period not
to
exceed the child's attainment of twenty-one
years of
age, if the
child was committed pursuant to
section
2152.16 of
the Revised
Code; (2) Until the child's attainment of twenty-one years of
age,
if the child was
committed for aggravated murder or murder
pursuant to section 2152.16 of the Revised Code; (3) For a period of commitment that shall be in addition to,
and shall be
served consecutively with and prior to, a period of
commitment
described in division (A)(1) or (2) of this
section, if
the child was committed pursuant to
section
2152.17 of the
Revised Code; (4) If the child is ten or
eleven years of age, to an
institution, a residential care facility, a residential facility,
or a
facility licensed by the department of job and family
services that the
department of youth services considers best
designated for the training and
rehabilitation of the child and
protection of the public. The child shall be
housed separately
from children who are twelve years of age or older until the child
is
released or discharged
or until the child attains twelve years
of age, whichever occurs
first. Upon the child's attainment of
twelve years of
age, if the child has not been released or
discharged, the
department is not required to house the child
separately. (B)(1)
Except as otherwise provided in section 5139.54 of
the Revised Code, the release authority of the department of youth
services,
in accordance with section 5139.51 of the Revised Code
and at any time
after the end of the
minimum period
specified
under
division (A)(1) of section 2152.16
of the Revised Code, may
grant the
release
from custody of any
child committed to the
department. The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and state the
minimum period.
The
jurisdiction
of the court terminates at the end
of the
minimum period
except
as follows: (a) In relation to judicial release
procedures,
supervision, and violations; (b) With respect to
functions of the court related to the
revocation of supervised release that
are specified in
sections
5139.51 and 5139.52 of the
Revised
Code; (c) In relation to its duties relating to serious youthful
offender dispositional sentences under sections 2152.13 and
2152.14 of the Revised Code. (2) When a child has been committed to the
department under
section 2152.16 of the Revised Code,
the department shall retain
legal custody of the child until one of the following: (a) The department discharges the child to the exclusive
management, control, and
custody of the child's parent or the
guardian of
the child's person or, if the child is eighteen years
of age or older, discharges the child. (b) The
committing court, upon its own motion, upon petition
of the
parent, guardian of the person, or next friend of a child,
or
upon petition of the department, terminates the department's
legal custody of the child. (c) The committing court grants the child a
judicial release
to court supervision under
section 2152.22
of the Revised Code. (d) The department's legal
custody of the child is
terminated automatically by the child
attaining twenty-one years
of age. (e) If the child is subject to a serious youthful offender
dispositional sentence, the adult portion of that dispositional
sentence is
imposed under section 2152.14 of the Revised Code. (C) When a child is committed to the department of youth
services, the department may assign the child to a hospital for
mental, physical, and other examination, inquiry, or treatment
for
the period of time that is necessary. The department may
remove
any child in its custody to a hospital for observation,
and a
complete report of every observation at the hospital
shall be made
in writing and shall include a record of
observation, treatment,
and medical history and a recommendation
for future treatment,
custody, and maintenance. The department
shall thereupon order
the placement and treatment that it
determines to be most
conducive to the purposes of Chapters 2151.
and 5139. of the
Revised Code. The committing court and all
public authorities
shall make available to the department all
pertinent data in their
possession with respect to the case. (D) Records maintained by the department of youth services
pertaining to the children in its custody shall be accessible
only
to department employees, except by consent of the department
or,
upon the order of the judge of a court of record, or as provided in divisions (D)(1) and (2) of this section. These
records
shall not be considered "public records," as defined in
section
149.43 of the Revised Code. (1) Except as otherwise provided by a law of this state or the
United
States, the department of youth services may release
records that are
maintained by the department of youth services
and that pertain to children in
its custody to the department of
rehabilitation and correction regarding
persons who are under the
jurisdiction of the department of rehabilitation and
correction
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may use
those
records for the limited purpose of carrying out the duties
of the department
of rehabilitation and correction. Records
released by the department of youth
services to the department of
rehabilitation and correction shall remain
confidential and shall
not be considered public records as defined in section
149.43 of
the Revised Code. (2) The department of youth services shall provide to the superintendent of the school district in which a child discharged or released from the custody of the department is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code the records described in divisions (D)(4)(a) to (d) of section 2152.18 of the Revised Code. Subject to the provisions of section 3319.321 of the Revised Code and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as amended, the records released to the superintendent shall remain confidential and shall not be considered public records as defined in section 149.43 of the Revised Code. (E)(1) When a child is committed to the department of
youth
services, the department, orally or in writing, shall
notify the
parent, guardian, or custodian of a child that the
parent,
guardian, or custodian may request at any time from the
superintendent of the institution in which the child is located
any of the information described in divisions (E)(1)(a), (b),
(c),
and (d) of this section. The parent, guardian, or custodian
may
provide the department with the name, address, and telephone
number of the parent, guardian, or custodian, and, until the
department is notified of a change of name, address, or telephone
number, the department shall use the name, address, and telephone
number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information: (a) When the department of youth services makes a
permanent
assignment of the child to a facility, the department,
orally or
in writing and on or before the third business day
after the day
the permanent assignment is made, shall notify the
parent,
guardian, or custodian of the child of the name of the
facility to
which the child has been permanently assigned. If a parent, guardian, or custodian of a child who is
committed to the department of youth services requests, orally or
in writing, the department to provide the parent, guardian, or
custodian with the name of the
facility in which the child is
currently located, the department,
orally or in writing and on or
before the next business day after
the day on which the request is
made, shall provide the name of
that facility to the parent,
guardian, or custodian. (b) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is located whether the child is being disciplined by the
personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the
child is being disciplined, the superintendent or the
superintendent's designee,
on or before the next business day
after the day on which the
request is made, shall provide the
parent, guardian, or custodian
with written or oral responses to
the questions. (c) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is held whether the child is receiving any medication from
personnel of the institution, what type of medication the child
is
receiving, or what condition of the child the medication is
intended to treat, the superintendent or the
superintendent's
designee, on or
before the next business day after the day on
which the request
is made, shall provide the parent, guardian, or
custodian with
oral or written responses to the questions. (d) When a major incident occurs with respect to a child
who
is committed to the department of youth services, the
department,
as soon as reasonably possible after the major
incident occurs,
shall notify the parent, guardian, or custodian
of the child that
a major incident has occurred with respect to
the child and of all
the details of that incident that the
department has ascertained. (2) The failure of the department of youth services to
provide any notification required by or answer any requests made
pursuant to division (E) of this section does not create a cause
of action against the state. (F) The department of youth services, as a means of
punishment while the child is in its custody, shall not prohibit
a
child who is committed to the department from seeing that
child's
parent, guardian, or custodian during standard visitation
periods
allowed by the department of youth services unless the
superintendent of the institution in which the child is held
determines that permitting that child to visit with the
child's
parent,
guardian, or custodian would create a safety risk to that
child,
that child's parents, guardian, or custodian, the personnel
of
the institution, or other children held in that institution. (G) As used in this section: (1) "Permanent assignment" means the assignment or
transfer
for an extended period of time of a child who is
committed to the
department of youth services to a facility in
which the child will
receive training or participate in
activities that are directed
toward the child's successful
rehabilitation. "Permanent
assignment" does not include the
transfer of a child to a facility
for judicial release
hearings
pursuant to section 2152.22 of the
Revised Code or for
any other
temporary assignment or transfer to
a facility. (2) "Major incident" means the escape or attempted escape
of
a child who has been committed to the department of youth
services
from the facility to which the child is assigned; the
return to
the custody of the department of a child who has
escaped or
otherwise fled the custody and control of the
department without
authorization; the allegation of any sexual
activity with a child
committed to the department; physical
injury to a child committed
to the department as a result of
alleged abuse by department
staff; an accident resulting in
injury to a child committed to the
department that requires
medical care or treatment outside the
institution in which the
child is located; the discovery of a
controlled substance upon
the person or in the property of a child
committed to the
department; a suicide attempt by a child
committed to the
department; a suicide attempt by a child
committed to the
department that results in injury to the child
requiring
emergency medical services outside the institution in
which the
child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to
the department; and the commission or suspected commission of an
act by a child committed to the department that would be an
offense if committed by an adult. (3) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code. (4) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (5) "Residential care facility" and "residential facility"
have
the same meanings as in section 2151.011 of the Revised Code.
SECTION 2. That existing sections 9.314, 109.57, 2151.011, 2151.421, 2151.86, 2152.18, 3301.0711, 3302.01, 3302.03, 3313.53, 3313.533, 3313.61, 3313.611, 3313.612, 3313.662, 3313.672, 3313.85, 3317.03, 3319.29, 3319.291, 3319.303, 3319.31, 3319.51, 3319.55, 3381.04, and 5139.05 of the Revised Code and existing Section 7 of Sub. H.B. 196 of the 124th General Assembly are hereby repealed.
SECTION 3. That Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly be amended to read as follows: Sec. 41.37. TRANSITIONAL AID
The Department of Education shall distribute earmarked funds within appropriation item 200-501, Base Cost Funding, for transitional aid in each fiscal year to each city, local, and exempted village school district that experiences a decrease in its SF-3 funding plus charge-off supplement for the current fiscal year in excess of five per cent of its SF-3 funding plus charge-off supplement for the previous fiscal year. The Department shall distribute to each such district an amount to reduce the decrease to five per cent of the district's SF-3 funding plus charge-off supplement for the previous fiscal year. For this purpose, "SF-3 funding plus charge-off supplement" equals the sum of the following:
(A) Base cost funding under division (A) of section 3317.022 of the Revised Code;
(B) Special education and related services additional weighted funding under division (C)(1) of section 3317.022 of the Revised Code;
(C) Speech services funding under division (C)(4) of section 3317.022 of the Revised Code;
(D) Vocational education additional weighted funding under division (E) of section 3317.022 of the Revised Code;
(E) GRADS funding under division (R) of section 3317.024 of the Revised Code;
(F) Adjustments for classroom teachers and educational service personnel under divisions (B), (C), and (D) of section 3317.023 of the Revised Code;
(G) Disadvantaged Pupil Impact Aid under section 3317.029 of the Revised Code;
(H) Gifted education units under division (F) of section 3317.05 of the Revised Code;
(I) Equity aid under section 3317.0213 of the Revised Code;
(J) Transportation under division (D) of section 3317.022 of the Revised Code;
(K) The state aid guarantee under section 3317.0212 of the Revised Code;
(L) The excess cost supplement under division (F) of section 3317.022 of the Revised Code;
(M) Parity aid under section 3317.0217 of the Revised Code;
(N) The reappraisal guarantee under division (C) of section 3317.04 of the Revised Code;
(O) The charge-off supplement under section 3317.0216 of the Revised Code. The SF-3 funding plus charge-off supplement for fiscal year 2003 for each district is the sum of those amounts less the general revenue fund spending reductions ordered by the Governor under Executive Order 2003-03T, March 5, 2003.
The SF-3 funding plus charge-off supplement for fiscal year 2004 for each district is the sum of the amounts specified in divisions (A) to (O) of this section plus any transitional aid payment under this section in fiscal year 2004. Sec. 98.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL
DEVELOPMENT The foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, shall be
used by the Ohio
SchoolNet Commission to make grants or provide services to
qualifying schools,
including the
State School for the Blind and
the Ohio School for
the Deaf, and the Ohio Department of Youth Services for
the provision of hardware,
software,
telecommunications
services, and staff development to
support
educational uses of
technology in the classroom. The Ohio SchoolNet Commission shall consider the professional
development
needs associated with the OhioReads Program when
making funding allocations
and program decisions. Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $1,260,000 in each fiscal year shall be allocated equally among the 12 Ohio Educational Television Stations and, used with the advice of the Ohio SchoolNet Commission, for the production of interactive instructional
programming series and
teleconferences to support the SchoolNet Commission. The
programming shall be
targeted to the needs of the poorest two hundred
school districts as
determined by the district's adjusted
valuation per pupil as
defined in section 3317.0213 of the Revised
Code. Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $818,322 in each fiscal year shall be used by the INFOhio Network, with the advice of the Ohio SchoolNet Commission, to support the provision of electronic resources to all public schools with preference given to elementary schools. Consideration shall be given by the Commission to coordinating the allocation of these moneys with the efforts of OhioLINK and the Ohio Public Information Network.
Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $300,000 in each fiscal year shall be used by the JASON project, with the advice of the Ohio SchoolNet Commission, to provide statewide access and a 75 per cent subsidy for statewide licensing of JASON content for 90,000 middle school students statewide, and professional development for teachers participating in the program.
The remaining appropriation allocated in appropriation item
228-406, Technical and Instructional Professional Development,
shall be
used by the Ohio SchoolNet Commission for professional
development for
teachers and administrators for the use of
educational
technology. The commission may make grants to
provide
technical
assistance and professional development on the
use of
educational technology to school districts. Eligible recipients of grants include regional training
centers, county offices of education, data collection sites,
instructional technology centers, institutions of higher
education, public television stations, special education
resource
centers, area media centers, or other nonprofit
educational
organizations. Services provided through these
grants may include
use of private entities subcontracting
through the grant
recipient. Grants shall be made to entities on a contractual basis with
the Ohio SchoolNet Commission.
Contracts shall include provisions
that demonstrate how services
will benefit technology use in the
schools, and in particular
will support Ohio SchoolNet efforts to
support technology in the
schools. Contracts shall specify the
scope of assistance being
offered and the potential number of
professionals who will be
served. Contracting entities may be
awarded more than one grant
at a time. Grants shall be awarded in a manner consistent with the goals
of Ohio SchoolNet. Special emphasis in the award of grants shall be
placed on collaborative efforts among service providers. Application for grants from this appropriation in
appropriation item 228-406, Technical and Instructional
Professional Development, shall be
consistent with a school
district's technology plan that shall
meet the
minimum
specifications for school district technology
plans as prescribed
by
the Ohio SchoolNet Commission. Funds
allocated through these
grants may be
combined with funds
received
through other state or
federal grants for technology so
long as
the school district's
technology plan specifies the use
of these
funds. EDUCATION TECHNOLOGY The foregoing appropriation item 228-539, Education
Technology, shall be used to provide funding to suppliers of
information services to school districts for the provision of
hardware, software, and staff development in support of
educational uses of technology in the classroom as prescribed by
the State Plan for Technology pursuant to section 3301.07 of the
Revised Code, and to support assistive technology for children
and
youth with disabilities. Of the foregoing appropriation item 228-539, Education Technology, up to $1,946,000 in each fiscal year shall be used by the Ohio SchoolNet Commission to link all public K-12 classrooms to each other and the Internet, and to provide access to voice, video, and data educational resources for students and teachers through the OneNet Ohio Program.
Up to $4,403,778 in each fiscal year shall be used by the
Ohio SchoolNet
Commission to contract with instructional
television, and $639,537 in each fiscal
year shall be used by the commission to
contract with
education media
centers to provide Ohio schools with instructional
resources and
services. Resources may include, but not be limited to, the
following:
pre-recorded video materials (including videotape,
laser discs,
and CD-ROM discs); computer software for student
use or
student
access to electronic communication,
databases,
spreadsheet, and
word processing capability; live
student courses
or courses
delivered electronically; automated
media systems; and
instructional and professional development
materials for teachers.
The commission shall cooperate with education technology
agencies
in the
acquisition, development, and delivery of such
educational
resources to ensure high-quality and educational
soundness at the
lowest possible cost. Delivery of such
resources may utilize a
variety of technologies, with preference
given to a high-speed
integrated information network that can
transport video, voice,
data, and graphics simultaneously. Services shall include presentations and technical assistance
that will help students and teachers integrate educational
materials that support curriculum objectives, match specific
learning styles, and are appropriate for individual interests
and
ability levels. Such instructional resources and services shall be made
available for purchase
by chartered nonpublic schools or by public
school districts for the benefit
of pupils attending chartered
nonpublic schools. TELECOMMUNITY
The foregoing appropriation item 228-630, Ohio SchoolNet Telecommunity Fund, shall be distributed by the Ohio SchoolNet Commission on a grant basis to eligible school districts to establish "distance learning" through interactive video technologies in the school district. Per agreements with eight Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone Company, Orwell Telephone Company, Sprint North Central Telephone, VERIZON, and Western Reserve Telephone Company, school districts are eligible for funds if they are within one of the listed telephone company service areas. Funds to administer the program shall be expended by the commission up to the amount specified in agreements with the listed telephone companies.
Within 30 days after the effective date of this section June 26, 2003, the Director of Budget and Management shall transfer to Fund 4W9 in the State Special Revenue Fund Group any investment earnings from moneys paid to the Ohio SchoolNet Commission by any telephone company as part of any settlement agreement between the listed companies and the Public Utilities Commission in fiscal years 1996 and beyond.
DISTANCE LEARNING Appropriation item 228-634, Distance Learning, shall be
distributed by the Ohio SchoolNet Commission on a grant basis to
eligible
school districts to establish
"distance learning" in the
school
district. Per the agreement with Ameritech, school
districts
are eligible for funds if they are within an Ameritech
service
area. Funds to administer the program shall be expended
by the
commission up to the amount specified in the agreement with
Ameritech. Within thirty days after the effective date of this section June 26, 2003, the
Director of Budget and Management shall transfer to fund 4X1
in
the State Special Revenue Fund Group any investment earnings
from
moneys paid to the office or to the SchoolNet Commission
by any
telephone company as part of a settlement agreement
between the
company and the Public Utilities Commission in
fiscal year 1995. GATES FOUNDATION GRANTS
The foregoing appropriation item 228-605, Gates Foundation Grants, shall be used by the Ohio SchoolNet Commission to provide professional development to school district principals, superintendents, and other administrative staff for the use of education technology. The appropriation is made possible through a grant from the Bill and Melinda Gates foundation.
SECTION 4. That existing Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly are hereby repealed.
SECTION 5. The Department of Education shall use the money appropriated for a safe school help line in fiscal year 2005 from appropriation item 200-578, Safe and Supportive Schools, to contract for this service at a rate of $1.80 per participating student. In the event that the appropriated funds are not sufficient to maintain this per student rate for all participating students, the per student rate shall be reduced accordingly. The contractor shall accept the resulting rate as payment in full and shall not bill any participating entity for this service.
SECTION 6. Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended in this act, and Section 5 of this act, and the items of law of which those sections as amended or enacted in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, Sections 41.37 and 98.01 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended in this act, and Section 5 of this act, and the items of law of which those sections as amended or enacted in this act are composed, go into immediate effect when this act becomes law. SECTION 7. Section 2152.18 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 247 and Sub. H.B. 393 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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