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(127th General Assembly)
(Substitute House Bill Number 190)
AN ACT
To amend sections 109.57, 121.40, 3301.0710,
3301.0711, 3314.03, 3314.19, 3319.089, 3319.291,
3319.31, 3319.39, 3321.01, 3326.11, 3326.23, and
3327.10 and to enact section 3319.391 of the
Revised Code and to amend Section
8 of Am. Sub.
S.B. 311 of the 126th General
Assembly to specify
administration dates for
the
elementary
achievement tests, to allow
public
schools to
charge tuition for
all-day
kindergarten, to
require the Department of Education to conduct a
survey of the fees charged by school districts, to
revise the
requirements regarding criminal
records checks of school
employees, to require
the Educator Standards Board to recommend a code
of conduct for
educators, to require the
Department of Education to recommend
penalties
for failure to report educator misconduct, to
permit the
State Board of Education to revoke an
expired license, to permit
waivers from the
minimum
number of school days in
the 2006-2007
school
year for certain joint
vocational school
districts that
experienced
delays in a
state-assisted construction project, to extend the
deadline for the commission studying student
success with the Ohio
Core curriculum to issue
its recommendations,
to alter
the membership of
the Ohio Community
Service Council, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.57, 121.40, 3301.0710,
3301.0711, 3314.03, 3314.19, 3319.089, 3319.291, 3319.31, 3319.39,
3321.01, 3326.11, 3326.23, and 3327.10 be amended and section
3319.391 of the
Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever
procurable and file
for record photographs, pictures,
descriptions, fingerprints,
measurements, and other information
that may be pertinent of
all persons who have been convicted of
committing within this state a
felony, any crime
constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) or
(A)(10)(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) or (A)(10)(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)
or (A)(10)(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) or (A)(10)(a) of section 109.572 of the Revised Code and
of all children
under
eighteen years of age arrested or otherwise
taken into custody for committing
an act that would
be a felony or
an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint
impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution for
the violation of state
laws and of all children
under
eighteen years of age who
are confined in a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, community-based
correctional facility, halfway
house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for
committing an act
that would be a felony or
an offense of violence
if committed by an adult, and any other
information
that the
superintendent may receive from law enforcement
officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to a sexually oriented offense
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)(1) 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 and for other
uses specified in this division. 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.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division
(C)(1)
of this section, 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. The superintendent or the
superintendent's designee shall gather and retain information so
furnished under division (A) of this section that pertains to the
offense and delinquency history of a person who has been convicted
of, pleaded guilty to, or been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense for the purposes described in division (C)(2) of this
section.
(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, 3319.391, 3327.10, 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; or an employer described in division (A)(2) of section
3319.391 or division (J)(2) of section 3327.10 of the Revised Code
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 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 a classroom
reading
improvement grant
paid under section 3301.86 of the Revised
Code
requests, with
respect to any individual who applies to participate in
providing
any program or service
funded in whole or in
part by the grant,
the information that a school district board of
education is
authorized to request under division
(F)(2)(a) of
this section,
the superintendent of the bureau shall proceed as if the
request
has been
received from a school district board of education under
division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is
required to be made under section 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 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.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall
also request from the federal bureau of investigation any
criminal
records it has pertaining to the applicant. 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
requester 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 requester 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 government entity or 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.
(J) As used in this section, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 121.40. (A) There is hereby created the
Ohio
community
service council consisting of twenty-one members
including the
superintendent of public instruction or the
superintendent's
designee, the chancellor of the Ohio board of
regents or
the
chancellor's designee, the director of natural
resources
or the
director's designee, the director of youth
services
or the
director's designee, the director of aging or
the
director's
designee, the director of job and family
services or
the
director's designee, the
chairperson of the committee of the
house
of representatives dealing
with education or the
chairperson's
designee, the
chairperson of the committee of the
senate dealing
with
education or the chairperson's designee, and
thirteen fifteen
members who
shall be appointed by the governor with the
advice
and
consent of the senate and who shall serve terms of
office of three
years.
The appointees shall include educators,
including teachers
and administrators;
representatives of youth
organizations;
students and parents; representatives
of
organizations engaged in
volunteer program development and
management throughout the state,
including youth and conservation
programs; and representatives of
business, government, nonprofit
organizations, social service
agencies, veterans organizations,
religious organizations, or
philanthropies that support or
encourage volunteerism within the
state. Members of the
council
shall receive no compensation, but
shall be reimbursed for
actual
and necessary
expenses incurred in
the performance of their
official duties.
(B) The council shall appoint an executive director for
the
council, who
shall be in the unclassified civil service. The
executive director shall
supervise the council's activities and
report to
the council on the
progress of those activities. The
executive director
shall do all things necessary for the efficient
and effective implementation
of the duties of the council.
The responsibilities assigned to the executive director do
not relieve the
members of the council from final responsibility
for the proper performance of
the requirements of this
section.
(C) The council or its
designee shall do
all of the
following:
(1) Employ, promote, supervise, and
remove all employees as
needed in connection with the performance of its
duties
under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may
establish, change, or abolish positions, and assign
and reassign duties and
responsibilities of any employee of the
council. Personnel employed by the
council who are subject to
Chapter 4117. of
the Revised
Code shall retain all of their rights
and
benefits conferred pursuant to that chapter. Nothing in this
chapter shall be
construed as eliminating or interfering with
Chapter 4117. of the
Revised Code
or the rights and benefits
conferred under that chapter to public employees or
to any
bargaining unit.
(2) Maintain its office in Columbus,
and may hold sessions
at
any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the
council, its employees, and files and records under its
control, and to
discharge any duty imposed upon it by law. The
expense of these acquisitions
shall be audited and paid for in the
same manner as other state expenses. For
that purpose, the
council
shall prepare and submit to the office of budget and
management a
budget for each biennium according to sections
101.532 and 107.03
of the Revised
Code. The budget submitted
shall cover the
costs of
the council and its staff in the
discharge of any duty imposed
upon
the council by law. The
council shall not delegate any
authority to obligate
funds.
(4) Pay its own payroll and other operating expenses from
line items
designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any
transaction instructions shall be certified by the
appointing authority or its
designee.
(6) Establish the overall policy and management of the
council in
accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the
"National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544,
as amended, assist
in administering and
overseeing the
"National and Community
Service Trust Act of 1993,"
P.L.
103-82, 107 Stat. 785, and the
americorps program in this
state, and assist in
developing
objectives for a comprehensive
strategy to encourage
and expand
community service programs
throughout the state;
(8) Assist the state board of education, school districts,
the chancellor of the board of regents, and institutions of higher
education in
coordinating community service education programs
through
cooperative efforts between institutions and organizations
in the
public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in
coordinating
community
service programs through cooperative efforts between
institutions
and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are
available
to assist school districts, institutions of higher
education, and
the departments of natural resources, youth
services, aging, and
job and family services in the
establishment
of
community service
programs and assist in investigating sources
of
funding for
implementing
these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for
these programs
and
provide information to the state board of education, school
districts, the chancellor of the board of regents, institutions of
higher
education,
and the departments of natural resources, youth
services, aging,
and job and family services to guide them
in
making
decisions
about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the chancellor of the
board of regents in
complying with division (B)(2) of section
3333.043 of the Revised
Code;
(13) Advise, assist, consult with, and cooperate with, by
contract or otherwise, agencies and political subdivisions of this
state in establishing a statewide system for volunteers pursuant
to section 121.404 of the Revised Code.
(D) The department of aging shall serve as the council's
fiscal agent.
Beginning on July 1, 1997, whenever reference is
made in any law, contract, or
document to the functions of the
department of youth services as fiscal agent
to the council, the
reference shall be deemed to refer to the department of
aging.
The
department of aging shall have no
responsibility for or
obligation
to the council prior to July 1, 1997. Any validation,
cure,
right,
privilege,
remedy, obligation, or liability shall be
retained by
the council.
As used in this section,
"fiscal agent" means technical
support and includes
the following technical support services:
(1) Preparing and processing payroll and other personnel
documents that the
council executes as the appointing authority.
The department of aging shall
not approve any payroll or other
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account
balances, and
monitoring budgets and allotment plans in
consultation with the council.
The department shall not approve
any biennial budget, grant, expenditure,
audit, or fiscal-related
document.
(3) Performing other routine support services that the
director of aging or
the director's designee and the council or
its designee consider appropriate
to achieve efficiency.
(E)(1) The council or its designee has the following
authority
and
responsibility relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal
programs in which
the council is authorized to participate;
(b) Sole authority to expend funds from their accounts for
programs and any
other necessary expenses the council may incur
and its subgrantees may incur;
(c) Responsibility to cooperate with and inform the
department of aging as
fiscal agent to ensure that the department
is fully apprised of all financial
transactions.
(2) The council shall follow all state procurement
requirements.
(3) The department of aging shall determine fees to be
charged to
the council,
which shall be in proportion to the
services
performed for the council.
(4) The council shall pay fees owed to the department of
aging
from a general
revenue fund of the council or from any other
fund
from which the operating
expenses of the council are paid.
Any
amounts set aside for a fiscal year for
the payment of
these
fees
shall be used only for the services performed for the
council
by
the department of aging in that fiscal year.
(F) The council may accept and administer grants from any
source, public or private, to carry out any of the council's
functions this section establishes.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
achievement. The state board shall
ensure that all tests
administered under the testing program are
aligned with the
academic standards and model curricula adopted by
the state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
pursuant to section 3301.079 of
the Revised Code.
The testing program shall be designed to ensure that students
who receive
a high school diploma demonstrate at least high
school
levels of
achievement in reading, writing,
mathematics,
science,
and
social studies.
(A)(1)
The state board shall prescribe all of the
following:
(a) Two statewide achievement tests, one each designed to
measure the
level of reading and mathematics skill expected at the
end of third grade;
(b) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the
end of fourth grade;
(c) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social
studies skill expected at
the end of fifth grade;
(d) Two statewide achievement tests, one each designed to
measure the level of reading and mathematics skill expected at the
end of sixth grade;
(e) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the end of seventh grade;
(f) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social
studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
five ranges of scores on each of the achievement tests described
in divisions (A)(1) and (B) of this section. Each range of scores
shall be
deemed to demonstrate a level of achievement so that any
student
attaining a score within such range has achieved one of
the
following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing,
mathematics, science, and
social
studies skill expected
at the end
of tenth
grade. The state board shall designate a score in at
least the range designated under division (A)(2)(c) of this
section on each such test that shall be deemed to be a passing
score on the test as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this
division that is specified
in the agreement.
(C) Except as provided in division (H) of this section, the
state board shall annually designate as follows
the
dates on which
the tests prescribed under this section shall
be
administered:
(1) For the reading test prescribed under division
(A)(1)(a)
of this
section, as follows:
(a)
One date prior to the thirty-first day of
December each
school
year;
(b) At least one date of each school year that is not
earlier
than Monday of the week containing the first twenty-fourth day of
May April.
(2) For the mathematics test prescribed under division
(A)(1)(a) of this section and the tests prescribed under
divisions
(A)(1)(b),
(c), (d), (e), and (f)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
first twenty-fourth day of May April;
(3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the state board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code or federal law.
(F) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B) of this
section that is of comparable length to the actual test.
(G) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the tests
described by this section shall inform the state board of the
probable percentage of students who would score in each of the
ranges established under division (A)(2) of this section on the
tests if the committee's recommendations are adopted by the state
board. To the extent possible, these percentages shall be
disaggregated by gender, major racial and ethnic groups, limited
English proficient students, economically disadvantaged students,
students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate test scores based upon the recommendations of
the task force.
(H)(1) The state board shall require any alternate assessment
administered to a student under division (C)(1) of section
3301.0711 of the Revised Code to be completed and submitted to the
entity with which the department contracts for the scoring of the
test not later than the first day of April of the school year in
which the test is administered.
(2) For any test prescribed by this section, the state board
may designate a date one week earlier than the applicable date
designated under division (C) of this section for the
administration of the test to limited English proficient students.
(3) In designating days for the administration of the tests
prescribed by division (A) of this section, the state board shall
require the tests for each grade level to be administered on
consecutive days over a period of two weeks.
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. Each
test so furnished shall include the data verification code of the
student to whom the test will be administered, as assigned
pursuant to division (D)(2) of section 3301.0714 of the Revised
Code. 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.
(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, 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 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)(1) Each school district board shall designate one
location for the collection of tests administered in the spring
under division (B)(1) of this section and the tests administered
under divisions (B)(2) to (7) of this section. Each district board
shall submit the tests to the entity with which the department
contracts for the scoring of the tests as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the tests are have been administered;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the tests are have been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the tests
are have been administered.
However, any such test that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the test.
(2)
The
department or an entity with which the department
contracts for the scoring of the test shall send to each school
district board a list of the
individual test scores of all persons
taking any test prescribed by division (A)(1) or (B) of section
3301.0710 of the Revised Code within sixty days after its
administration, but in no case shall the scores be returned later
than the fifteenth day of June following the administration. For
any
tests administered under this section by a joint vocational
school
district, the department or entity 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 or an entity with which the department contracts for
the scoring of the test shall not release any individual test
scores on
any
test administered under this section. The state
board of education shall adopt rules to
ensure the protection of
student confidentiality at all times. The rules may require the
use of the data verification codes assigned to students pursuant
to division (D)(2) of section 3301.0714 of the Revised Code to
protect the confidentiality of student test scores.
(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) In the manner specified in divisions (N)(3) to (5) of
this section, 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.
(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.
(4) This division applies to the tests prescribed by division
(A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in
section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less
than forty per cent of the questions on the test that are used to
compute a student's score shall be a public record. The department
shall determine which questions will be needed for reuse on a
future test and those questions shall not be public records and
shall be redacted from the test prior to its release as a public
record. However, for each redacted question, the department shall
inform each city, local, and exempted village school district of
the statewide academic standard adopted by the state board of
education under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The
preceding sentence does not apply to field test questions that are
redacted under division (N)(3) of this section.
(5) Each test prescribed by division (B) of section 3301.0710
of the Revised Code that is administered in the spring shall be a
public record. Each test prescribed by that division that is
administered in the fall or summer shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "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.
(3) "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.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require
financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state, and
the audits shall be conducted in
accordance with
section 117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80,
3313.96,
3319.073, 3319.313, 3319.314, 3319.315, 3319.321,
3319.39, 3319.391, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18,
3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167. of
the Revised Code
as if it were a
school
district
and
will comply with section
3301.0714 of the
Revised
Code in the
manner specified in section
3314.17 of the
Revised
Code;
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code;
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section 3302.04 of the
Revised Code, including division (E) of that section to the extent
possible, except that any action required to be taken by a school
district pursuant to that section shall be taken by the sponsor of
the school. However, the sponsor shall not be required to take any
action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.19. The sponsor of each community school annually
shall provide the following assurances in writing to the
department of education not later than ten business days prior to
the opening of the school:
(A) That a current copy of the contract between the sponsor
and the governing authority of the school entered into under
section 3314.03 of the Revised Code has been filed with the state
office of community schools established under section 3314.11 of
the Revised Code and that any subsequent modifications to that
contract will be filed with the office;
(B) That the school has submitted to the sponsor a plan for
providing special education and related services to students with
disabilities and has demonstrated the capacity to provide those
services in accordance with Chapter 3323. of the Revised Code and
federal law;
(C) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710 and 3301.0715 of the Revised
Code;
(D) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code in
accordance with methods and timelines established under section
3314.17 of the Revised Code;
(E) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(F) That the school will enroll at least the minimum number
of students required by division (A)(11)(a) of section 3314.03 of
the Revised Code in the school year for which the assurances are
provided;
(G) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code, except for
noncertificated persons engaged to teach up to twelve hours per
week pursuant to section 3319.301 of the Revised Code;
(H) That the school's fiscal officer is in compliance with
section 3314.011 of the Revised Code;
(I) That the school has complied with section 3319.39 of the
Revised Code with respect to all employees who are responsible for
the care, custody, or control of a child and that the school has
conducted a criminal records check of each of its governing
authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
division (A)(11)(b) of section 3314.03 of the Revised Code, that
the sponsor considers sufficient to indemnify the school's
facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit
to the school for the school year for which the assurances are
provided;
(L) That the school has designated a date it will open for
the school year for which the assurances are provided that is in
compliance with division (A)(25) of section 3314.03 of the Revised
Code;
(M) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
Sec. 3319.089. The board of education of any city,
local, or
exempted village school district may adopt a
resolution approving
a contract with a county department of job and family services
under section 5107.541 of the
Revised Code to provide for a
participant of the work experience program who has a child
enrolled in a public school in that district to fulfill the work
requirements of the work experience program by volunteering or
working in
that public school in accordance with section 5107.541
of the
Revised Code. Such recipients are not employees of such
board of education.
Before a school district places a participant in a public
school under
this section, the appointing officer or hiring
officer of the board of
education of a school district shall
request a criminal records check of the
participant to be
conducted in the same manner as required for a person
responsible
for the care, custody, or control of a child in accordance with
under
section 3319.39 of the Revised Code,. The records check
shall be conducted
even though the
participant, if subsequently
hired, would not be considered an employee of
the school district
for purposes of working at the school. A participant
shall not be
placed in a school if the participant previously has been
convicted of or pleaded guilty to any of the offenses listed in
division
(B)(1)(a) or (b) of section 3319.39
of the Revised Code.
Sec. 3319.291. (A) The state board of
education shall
require each of the following persons, at the times prescribed by
division (A) of this section, to submit
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:
(1) Any person initially applying for any certificate,
license, or permit described in this chapter or in division (B) of
section 3301.071 or in section 3301.074 of
the Revised Code at
the time that application is made;
(2) Any person applying for renewal of any certificate,
license, or permit described in division (A)(1) of this section at
the time that application is made;
(3) Any person who is teaching under a professional teaching
certificate issued under former section 3319.22 or under section
3319.222 of the Revised Code upon a date prescribed by the state
board that is not later than five years after the date that the
certificate was issued or renewed;
(4) Any person who is teaching under a permanent teaching
certificate issued under former section 3319.22 or under section
3319.222 of the Revised Code upon a date prescribed by the state
board and every five years thereafter.
(B) Except as provided in division (C) of this section, prior
to issuing or renewing any certificate, license, or permit
described in division (A)(1) or (2) of this section and in the
case of a person required to submit fingerprints and written
permission under division (A)(3) or (4) of this section, the state
board or the superintendent of
public instruction shall request
the superintendent of the bureau
of criminal identification and
investigation to 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. 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 and to obtain any
criminal
records that the federal bureau of investigation has on
the
person.
(C) The state board or the superintendent of public
instruction may choose not to request any information required by
division (B) of this section if the person applying for the
issuance or renewal of a certificate, license, or permit described
in division (A)(1) or (2) of this section or the person required
to submit fingerprints and written permission under division
(A)(3) or (4) of this section provides proof that a criminal
records check was conducted on the person as a condition of
employment pursuant to section 3319.39 of the Revised Code within
the immediately preceding year. The state board or the
superintendent of public instruction may accept a certified copy
of records that were issued by the bureau of criminal
identification and investigation and that are presented by a
person applying for the issuance or renewal of a certificate,
license, or permit described in this section in lieu of requesting
that information under division (B) of this section if the records
were issued by the bureau within the immediately preceding year.
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 this chapter
or in division (B)
of
section 3301.071 or in section 3301.074
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; or
may revoke a license that has been issued to any person and has
expired:
(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. 3319.39. (A)(1) Except as provided in division
(F)(2)(b) of section
109.57 of the Revised Code, the appointing or
hiring officer of
the board of education of a school district, the
governing board of an
educational service center, or of a
chartered
nonpublic school shall request the superintendent of the
bureau
of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the school district, educational service center, or
school for employment in any
position as a person responsible for
the care, custody, or
control of a child. Except as provided in
division (A)(1) of this section, if the applicant does not present
proof that
the applicant has been a resident of this state for the
five-year
period immediately prior to the date upon which the
criminal
records check is requested or does not provide evidence
that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of
investigation in
a criminal records check, the appointing or
hiring officer shall
request that the superintendent obtain
information from the
federal bureau of investigation as a part of
the criminal records
check for the applicant. Except as
provided
in division (A)(1) of this section, if the applicant
presents
proof that
the applicant has been a resident of this
state for
that
five-year period, the appointing or hiring officer
may
request
that the superintendent include information from the
federal
bureau of investigation in the criminal records check. In
the case of an applicant who is applying to be employed as driver
of a school bus or motor van, the. The appointing
or hiring
officer
shall request that the superintendent include
information from the
federal bureau of investigation in the
criminal records check.
(2) A person required by division (A)(1) of this section
to
request a criminal records check shall provide to each
applicant a
copy of the form prescribed pursuant to division
(C)(2) of section
109.572 of the Revised Code, provide to each
applicant a standard
impression sheet to obtain fingerprint
impressions prescribed
pursuant to division (C)(2) of section
109.572 of the Revised
Code, obtain the completed form and
impression sheet from each
applicant, and forward the completed
form and impression sheet to
the superintendent of the bureau of
criminal identification and
investigation at the time the person
requests a criminal records
check pursuant to division (A)(1) of
this section.
(3) An applicant who receives pursuant to division (A)(2)
of
this section a copy of the form prescribed pursuant to
division
(C)(1) of section 109.572 of the Revised Code and a copy
of an
impression sheet prescribed pursuant to division (C)(2) of
that
section and who is requested to complete the form and
provide a
set of fingerprint impressions shall complete the form
or provide
all the information necessary to complete the form and
shall
provide the impression sheet with the impressions of the
applicant's fingerprints. If an applicant, upon request, fails to
provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the board of
education
of a school district, governing board of an educational
service center, or
governing authority of a chartered nonpublic
school shall not employ that
applicant for any position for which
a criminal records check
is required pursuant to division (A)(1)
of this section.
(B)(1) Except as provided in rules adopted by the
department
of education in accordance with division (E) of this
section and
as provided in division (B)(3) of this section, no
board of
education of a school district, no governing board of an
educational service center, and no governing
authority of a
chartered nonpublic school shall employ a person
as a person
responsible for the care, custody, or control of a
child if the
person previously has been convicted of or pleaded
guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, a violation of
section
2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have
been a
violation of section 2905.04 of the Revised Code as it
existed prior to July
1, 1996, had the violation 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,
another
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (B)(1)(a)
of this section.
(2) A board, governing board of an educational
service
center, or a governing authority of a
chartered nonpublic school
may employ an applicant conditionally
until the criminal records
check required by this section is
completed and the board or
governing authority receives the
results of the criminal records
check. If the results of the
criminal records check indicate that,
pursuant to division (B)(1)
of this section, the applicant does
not qualify for employment,
the board or governing authority shall
release the applicant from
employment.
(3) No board and no governing authority of a chartered
nonpublic school shall
employ a teacher who previously has been
convicted of or pleaded guilty
to any of the offenses listed in
section 3319.31 of the Revised
Code.
(C)(1) Each board and each governing
authority of a chartered
nonpublic school shall pay to the bureau
of criminal
identification and investigation the fee prescribed
pursuant to
division (C)(3) of section 109.572 of the Revised
Code for each
criminal records check conducted in accordance with
that section
upon the request pursuant to division (A)(1) of this
section of
the appointing or hiring officer of the board or
governing
authority.
(2) A board and the governing authority of a
chartered
nonpublic school may charge an applicant a fee for the
costs it
incurs in obtaining a criminal records check under this
section. A
fee charged under this division shall not exceed the
amount of
fees the board or governing authority pays under
division (C)(1)
of this section. If a fee is charged under this
division, the
board or governing authority shall notify the
applicant at the
time of the applicant's initial application for employment
of the
amount of the fee and that, unless the fee is paid, the board or
governing authority will not consider the applicant
for
employment.
(D) The report of any criminal records check conducted by
the
bureau of criminal identification and investigation in
accordance
with section 109.572 of the Revised Code and pursuant
to a request
under division (A)(1) of this section is not a
public record for
the purposes of section 149.43 of the Revised
Code and shall not
be made available to any person other than the
applicant who is
the subject of the criminal records check or the applicant's
representative, the board or governing authority requesting the
criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant
to
Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which the board or
governing authority may hire a person who has been convicted of
an
offense listed in division (B)(1) or (3) of this section but who
meets standards in regard to rehabilitation set by the
department.
(F) Any person required by division (A)(1) of this section
to
request a criminal records check shall inform each person, at
the
time of the person's initial application for employment,
of the
requirement to provide a set of fingerprint impressions and that a
criminal records check is required to be conducted
and
satisfactorily completed in accordance with section 109.572 of
the
Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for the
school district, educational service center, or school for that
position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
board of education, governing board of an educational service
center, or a chartered nonpublic school as a person
responsible
for the care, custody, or control of a child,
except that
"applicant" does not include a person already employed
by a board
or chartered
nonpublic school in a position of care,
custody, or
control of a child who is
under
consideration for a different
position with such board or school.
(2) "Teacher" means a person holding an educator license or
permit issued under section 3319.22 or 3319.301 of
the Revised
Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as
in section
2925.01 of the Revised Code.
(H) If the board of education of a local school district
adopts a resolution
requesting the assistance of the educational
service center in which the local
district has territory in
conducting criminal records checks of substitute
teachers under
this section, the appointing or hiring officer of such
educational
service center shall serve for purposes of this section as
the
appointing or hiring
officer of the local board in the case of
hiring substitute teachers for
employment in the local district.
Sec. 3319.391. (A)(1) This division applies to any person
hired
by a school district, educational service center, or
chartered
nonpublic school in any position that does not
require
a "license" issued by the state board of education, as
defined in
section 3319.31 of the Revised Code, and is not for the
operation
of a vehicle for pupil transportation.
For each person to whom this division applies who is hired on
or after the effective date of this section, the employer shall
request a criminal records check in accordance with section
3319.39 of the Revised Code and every five years thereafter. For
each person to whom this division applies who is hired prior to
that date, the employer shall request a criminal records check by
a date prescribed by the department of education and every five
years thereafter.
(2) This division applies to any person hired to work in a
school district, educational service center,
or
chartered
nonpublic school, in any
position that does not require a
"license" issued by the
state board of education, as defined in
section 3319.31 of the
Revised Code, and is not for the operation
of a vehicle for pupil
transportation, and who is employed by a
private
company under contract with the district, service center,
or
chartered nonpublic school to provide services.
For each person to whom this division applies who is hired on
or after the effective date of this section, the employer shall
request a criminal records check prior to the person's hiring and
every five years thereafter. For each person to whom this division
applies who is hired prior to that date, the employer shall
request a criminal records check by a date prescribed by the
department and every five years thereafter.
(B) Each request for a criminal records check under this
section shall be made to the superintendent of the bureau of
criminal identification and investigation in the manner prescribed
in section 3319.39 of the Revised Code. Upon receipt of a request,
the bureau shall conduct the criminal records check in accordance
with section 109.572 of the Revised Code as if the request had
been made under section 3319.39 of the Revised Code.
(C) Any person who is the subject of a criminal records check
under this section and has been convicted of or pleaded guilty to
any offense described in division (B)(1) of section 3319.39 of the
Revised Code shall not be hired or shall be released from
employment, as applicable, unless the person meets the
rehabilitation standards adopted by the department under division
(E) of that section.
Sec. 3321.01. (A)(1) As used in this chapter,
"parent,"
"guardian," or
"other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or
permanent
custody of a person or government agency,
"parent"
means that
person or government agency. When a child is a
resident of a
home,
as defined in section 3313.64 of the Revised
Code, and the
child's
parent is not a resident of this state,
"parent,"
"guardian," or
"other person having charge or care of a child"
means
the head of
the home.
A child between six and eighteen years of age is
"of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A child under six years of age who
has been
enrolled in kindergarten also shall be considered
"of
compulsory school age"
for the purpose of sections 3321.01 to
3321.13 of the Revised Code unless at
any time the child's parent
or guardian, at the parent's or guardian's
discretion and in
consultation with the child's teacher and principal,
formally
withdraws the child from kindergarten. The compulsory school age
of
a
child shall not commence until the beginning of the term of
such
schools, or other time in the school year fixed by the rules
of
the board of the district in which the child resides.
(2) No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by
the thirtieth day of September
of the year of
admittance, or by
the first day of a term or semester other than
one beginning in
August or September in school districts granting
admittance at
the beginning of such term or semester, except that
in those
school districts using or obtaining educationally
accepted
standardized testing programs for determining entrance,
as
approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails
to
meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs.
If
the board of education has not established a standardized
testing
program, the board shall designate the necessary
standards and a
testing program it will accept for the purpose of
admitting a
child to kindergarten or first grade who fails to
meet the age
requirement. Each child who will be the proper age
for entrance
to
kindergarten or first grade by the first day of
January of the
school year for which admission is requested shall
be so tested
upon the request of the child's parent.
(3) Notwithstanding divisions (A)(2) and (D) of
this
section,
beginning with the school year that starts in 2001 and
continuing
thereafter the board of education of any district may
adopt a
resolution establishing the first day of August in lieu of
the
thirtieth day of September as the required date by which
students
must have attained the age specified in those divisions.
(B) As used in divisions (C) and (D) of this section,
"successfully completed kindergarten" and
"successful completion
of kindergarten" mean that the child has completed the
kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under
section 3319.22 of
the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported
schools
pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D) of this section, no
school district shall admit to the first grade any child who has
not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division
(C)
of this section may be waived by the district's pupil
personnel
services committee in the case of a child who is at
least six
years of age by the thirtieth day of
September of the
year of
admittance and who demonstrates to the satisfaction of
the
committee the possession of the social,
emotional, and cognitive
skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel
services
committee. The committee shall be composed of all of
the
following
to the extent such personnel are either employed by
the
district
or employed by the governing board of
the educational
service
center within
whose territory the district is located and
the
educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade;
(6) A gifted coordinator.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion
of
kindergarten. The committee shall have no other authority
except
as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district.
(F) Any kindergarten class offered by a day-care provider
or
school described by division (B)(1) or (B)(2)(a) of this
section
shall be developmentally appropriate.
(G) Upon written request of a day-care provider described
by
division (B)(2)(a) of this section, the department of
education
shall determine whether certification held by a teacher
employed
by the provider meets the requirement of division
(B)(2)(b)(iii)
of this section and, if so, shall furnish the
provider a statement
to that effect.
(H) As used in this division, "all-day
kindergarten" has the
same meaning as in section 3317.029 of the
Revised Code.
(1) Any school district that is not eligible to receive
poverty-based assistance for all-day kindergarten under division
(D) of section 3317.029 of the Revised Code may charge fees or
tuition for students enrolled in all-day kindergarten. If a
district charges fees or tuition for all-day kindergarten under
this division, the district shall develop a sliding fee scale
based
on family incomes.
(2) The department of education shall conduct an annual
survey of each school district described in division (H)(1) of
this section to determine the following:
(a) Whether the district charges fees or tuition for students
enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c) How many of the students for whom tuition is charged are
eligible for free lunches under the "National School Lunch Act,"
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,
and how many of the students for whom tuition is charged are
eligible for reduced price lunches under those acts;
(d) How many students are enrolled in traditional half-day
kindergarten rather than all-day kindergarten.
Each district shall report to the department, in the manner
prescribed by the department, the information described in
divisions (H)(2)(a) to (d) of this section.
The department shall issue an annual report on the results of
the survey and shall post the report on its web site. The
department shall issue the first report not later than April 30,
2008, and shall issue a report not later than the thirtieth day of
April each year thereafter.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.608, 3313.6012,
3313.6013, 3313.6014,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.718,
3313.80, 3313.801,
3313.96,
3319.073, 3319.21, 3319.313,
3319.314,
3319.315, 3319.32, 3319.321, 3319.35, 3319.39,
3319.391, 3319.45,
3321.01,
3321.13, 3321.14,
3321.17,
3321.18,
3321.19, 3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
2744., 3307., 3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
4167. of the Revised Code
as if it were
a school district.
Sec. 3326.23. The governing body of each science,
technology, engineering, and mathematics school annually
shall
provide the following assurances in writing to the
department of
education not later than ten business days prior to
the opening
of the school:
(A) That the school has a plan for
providing special
education and related services to students with
disabilities and
has demonstrated the capacity to provide those
services in
accordance with Chapter 3323. of the Revised Code and
federal
law;
(B) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710 and 3301.0715 of the Revised
Code;
(C) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code;
(D) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(E) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code or are
engaged to teach pursuant to section 3319.301 of the Revised Code;
(F) That the school's treasurer is in compliance with
section 3326.21 of the Revised Code;
(G) That the school has complied with section 3319.39 of the
Revised Code with respect to all employees who are responsible for
the care, custody, or control of a child and that the school has
conducted a criminal records check of each of its governing
body
members;
(H) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
section 3326.11 of the Revised Code;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(I) That the governing body has conducted a pre-opening site
visit
to the school for the school year for which the assurances
are
provided;
(J) That the school has designated a date it will open for
the school year for which the assurances are provided;
(K) That the school has met all of the governing body's
requirements
for opening and any other requirements of the
governing body.
Sec. 3327.10. (A) No person shall be employed as driver
of
a
school bus or motor van, owned and operated by any school
district
or educational service center or privately owned and
operated
under
contract with any
school district or service center
in this
state, who has not received a
certificate
from the
educational
service center governing board in case such person is
employed by
a service center or by
a local school
district under
the
supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division
may be cause for disciplinary action
or termination of
employment
under division (C) of section
3319.081, or section
124.34 of the
Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A
physician assistant;
(3) A
certified nurse practitioner;
(4) A
clinical
nurse specialist;
(5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give
satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van
under this section who is convicted of a traffic violation or
who
has had
the person's commercial driver's license
suspended
shall
drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows:
(1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent,
or a
person
designated by the superintendent,
of
the school
district
for
which
the person drives a school
bus or
motor van as
an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
(F)(1) Not later than thirty days after June 30, 2007, each
owner of a school bus or motor
van shall obtain the complete
driving record for each
person who is currently employed or
otherwise authorized to drive
the school bus or motor van. An
owner of a school bus or motor van
shall not permit a person to
operate the school bus or motor van
for the first time before the
owner has obtained
the person's complete driving record.
Thereafter, the owner of a school bus or motor van
shall obtain
the person's driving record not less frequently than semiannually
if the
person remains employed or otherwise authorized to drive
the
school bus or motor van. An owner of a school bus or motor
van
shall not permit a person to resume operating a school bus or
motor van, after an interruption of one year or longer, before the
owner has obtained the person's complete driving
record.
(2) The owner of a school bus or motor van shall not permit a
person to operate the school bus or motor van for six years
after
the date on which the person pleads guilty to or is
convicted of
a violation
of section 4511.19 of the Revised Code or a
substantially
equivalent municipal ordinance.
(3) An owner of a school bus
or motor van shall not permit
any person to
operate such a vehicle unless the person meets all
other
requirements contained in rules adopted by the state board
of
education prescribing qualifications of drivers of school
buses
and other student transportation.
(G) No superintendent of a school district, educational
service center, community school, or public or private employer
shall permit the operation of a vehicle used for pupil
transportation within this state by an individual unless both of
the following apply:
(1) Information pertaining to that driver has been submitted
to the department of education, pursuant to procedures adopted by
that department. Information to be reported shall include the name
of the employer or school district, name of the driver, driver
license number, date of birth, date of hire, status of physical
evaluation, and status of training.
(2) A The most recent criminal records check required by
division (J) of this section, including information from the
federal bureau of investigation, has been completed and received
by the superintendent or public or private employer.
(H) A person, school district, educational service center,
community school, nonpublic school, or other public or nonpublic
entity that owns a school bus or motor van, or that contracts with
another entity to operate a school bus or motor van, may impose
more stringent restrictions on drivers than those prescribed in
this section, in any other section of the Revised Code, and in
rules adopted by the state board.
(I) For qualified drivers who, on the effective date of this
amendment July 1, 2007, are employed by the owner of a school bus
or motor van
to drive the school bus or motor van, any instance
in which the
driver was convicted of or pleaded guilty to a
violation of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance prior to two years
prior to the effective date
of this amendment July 1, 2007, shall
not be considered a disqualifying event
with respect to division
(F) of this section.
(J)(1) This division applies to persons hired by a school
district, educational service center, community school, chartered
nonpublic school, or science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code to operate a vehicle used for pupil transportation.
For each person to whom this division applies who is hired on
or after the effective date of this amendment, the employer shall
request a criminal records check in accordance with section
3319.39 of the Revised Code and every six years thereafter. For
each person to whom this division applies who is hired prior to
that date, the employer shall request a criminal records check by
a date prescribed by the department of education and every six
years thereafter.
(2) This division applies to persons hired by a public or
private employer not described in division (J)(1) of this section
to operate a vehicle used for pupil transportation.
For each person to whom this division applies who is hired on
or after the effective date of this amendment, the employer shall
request a criminal records check prior to the person's hiring and
every six years thereafter. For each person to whom this division
applies who is hired prior to that date, the employer shall
request a criminal records check by a date prescribed by the
department and every six years thereafter.
(3) Each request for a criminal records check under division
(J) of this section shall be made to the superintendent of the
bureau of criminal identification and investigation in the manner
prescribed in section 3319.39 of the Revised Code. Upon receipt of
a request, the bureau shall conduct the criminal records check in
accordance with section 109.572 of the Revised Code as if the
request had been made under section 3319.39 of the Revised Code.
(K) Any person who is the subject of a criminal records check
under division (J) of this section and has been convicted of or
pleaded guilty to any offense described in division (B)(1) of
section 3319.39 of the Revised Code shall not be hired or shall be
released from employment, as applicable, unless the person meets
the rehabilitation standards adopted by the department under
division (E) of that section.
SECTION 2. That existing sections 109.57, 121.40, 3301.0710,
3301.0711, 3314.03, 3314.19, 3319.089, 3319.291, 3319.31, 3319.39,
3321.01, 3326.11, 3326.23, and 3327.10 of
the Revised Code are
hereby repealed.
SECTION 3. Not later than thirty days after the effective
date of this section, the Superintendent of Public Instruction,
upon the request of the superintendent of a joint vocational
school district, may grant the district a waiver from the
requirements of sections 3313.48 and 3313.481 of the Revised Code
for the 2006-2007 school year if all of the following conditions
applied to the district in that school year:
(A) The school district was participating in the Vocational
School Facilities Assistance Program established under sections
3318.40 to 3318.45 of the Revised Code and the Executive Director
of the Ohio School Facilities Commission certified to the
Superintendent of Public Instruction that the district's project
under that program experienced delays due to unanticipated
structural conditions.
(B) The project delays caused the district to be open for
instruction with pupils in attendance for fewer days or hours than
required by sections 3313.48, 3313.481, and 3317.01 of the Revised
Code.
(C) The district required its students to engage in
activities outside of school that were relevant to the subject
areas in which they were missing instruction to offset the
reduction in instructional time.
No waiver shall be granted under this section to a
district
that was closed for more than eleven days in excess of
the days
it is permitted to be closed for a public calamity under
division
(B) of section 3317.01 of the Revised Code. No district
that
receives a waiver under this section shall be considered to
have
failed to comply with division (B) of section 3317.01 of the
Revised Code if it otherwise meets the requirements of that
division.
SECTION 4. The amendments to section 3321.01 of the Revised
Code by this act are intended to clarify the General Assembly's
original intent related to a school district's authority to charge
fees or tuition for students enrolled in all-day kindergarten as
it existed prior to the effective date of this section, are
remedial in nature, and are not
intended to create any new
authority.
SECTION 5. That Section 8 of Am. Sub. S.B. 311 of the 126th
General Assembly be amended to read as follows:
Sec. 8. (A) There is hereby established a public-private
collaborative commission to issue recommendations for promoting
greater incidence of student success in conjunction with the Ohio
Core curriculum. The commission shall consist of the following
members:
(1) A school district superintendent, appointed by the
Governor;
(2) A business or civic leader, appointed by the Governor;
(3) Two public members, appointed by the Speaker of the House
of Representatives in consultation with the Minority Leader of the
House of Representatives;
(4) Two public members, appointed by the President of the
Senate in consultation with the Minority Leader of the Senate;
(5) One member, appointed by the Superintendent of Public
Instruction;
(6) One member, appointed by the Chancellor of the Ohio Board
of Regents.
(B) The school district superintendent and the business or
civic leader appointed by the Governor shall be co-chairpersons of
the commission.
(C) The commission's recommendations shall address methods of
encouraging students and their families to develop a greater
vision for their successful future in Ohio, including
consideration of career opportunities afforded by pursuing higher
education and the use of mentorships, internships, and other
programs to provide guidance to students and their families toward
pursuing higher education and career opportunities.
(D) The commission shall issue its recommendations by
December 31, 2007 July 1, 2008. The recommendations shall be
provided to the
Governor, the Speaker and Minority Leader of the
House of
Representatives, the President and Minority Leader of
the Senate,
the chairpersons and ranking minority members of the
committees
that consider education in the House of
Representatives and
Senate, the State Board of Education, the
Board of Regents, and
the Partnership for Continued Learning.
SECTION 6. That existing Section 8 of Am. Sub. S.B. 311 of
the 126th General Assembly is hereby repealed.
SECTION 7. (A) The Department of Education shall conduct a
survey of each city, exempted village, local, and joint vocational
school district to determine the following:
(1) Whether the district charges fees for any of the
following:
(a) Classes or programs that are offered during the regular
school day or after school and for which students earn credit or
are assigned grades;
(b) Instructional materials;
(c) Summer school.
(2) The amount of the fees charged;
(3) The grade levels to which the fees apply;
(4) Whether the district utilizes a sliding fee scale based
on family income;
(5) Whether the district waives the fees or otherwise
provides for their payment for students whose parents or guardians
are unable to pay the fees;
(6) Any other information deemed relevant by the Department.
(B) Each district shall report to the Department, in the
manner prescribed by the Department, the information described in
divisions (A)(1) to (6) of this section.
(C) The Department shall issue a report on the results of the
survey not later than April 30, 2008, and shall post the report on
its web site.
SECTION 8. Not later than December 31, 2007, the
Department
of Education shall recommend to the General Assembly
penalties
for failure to report to the Department or the State
Board of
Education information about persons licensed by the State
Board
who have committed an act that is unbecoming to the teaching
profession or that may make the person a threat to the safety of
students. The Department shall provide copies of the
recommendations to the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, and the chairpersons and ranking minority members
of the standing committees on education of the Senate and House of
Representatives.
SECTION 9. Not later than three months after the effective
date of this section, the Educator Standards Board established
under section 3319.60 of the Revised Code shall recommend to the
State Board of Education a code of conduct for educators. The code
of conduct shall address persons who are licensed by the State
Board and recommendations shall include both of the following:
(A) Descriptions of conduct that is inappropriate for
educators;
(B) Disciplinary actions that should be taken against
educators who engage in each type of misconduct, including the
refusal, suspension, limiting, or revocation of a license under
section 3319.31 of the Revised Code.
SECTION 10. Section 3314.03 of the Revised Code is
presented
in
this act as a composite of the section as amended by
Am. Sub.
H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B.
276,
Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am.
Sub.
S.B. 311 of
the 126th 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.
SECTION 11. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
school districts need clarification of their authority to charge
fees or tuition for all-day kindergarten to ensure that students
enrolled in kindergarten on a fee or tuition basis continue to
receive educational services. Therefore, this act shall go into
immediate effect.
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