The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 428 As Reported by the Senate Education CommitteeAs Reported by the Senate Education Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Evans, Stebelton, Williams, B., Adams, Bacon, Boyd, Brown, Budish, Celeste, Coley, Collier, Combs, DeBose, DeGeeter, Domenick, Fende, Flowers, Goyal, Hagan, J., Hagan, R., Heard, Hite, Hughes, Jones, Luckie, Mandel, McGregor, J., Newcomb, Patton, Sayre, Schlichter, Slesnick, Strahorn, Sykes, Webster, White, Yuko
Senators Jacobson, Padgett, Cates, Niehaus, Mumper, Roberts, Morano, Sawyer
A BILL
To amend sections 109.57, 2953.33, 3313.31, 3314.03,
3314.19, 3319.01,
3319.20,
3319.291, 3319.302,
3319.304, 3319.31, 3319.311,
3319.313,
3319.314,
3319.39, 3319.391, 3319.52, 3319.99, 3326.11,
3326.23, 3327.10, 5126.253, 5126.254, 5126.99, and
5153.176
and to enact sections
3314.101,
3314.40,
3314.401, 3314.402, 3314.403, 3314.41,
3314.99,
3319.292,
3319.316, 3319.317, 3319.392,
3319.40,
3326.081, 3326.24, 3326.241, 3326.242,
3326.243,
3326.25, 3326.99, and 5153.99 of the
Revised Code
regarding the
reporting of and
discipline for
school employee
misconduct.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 2953.33, 3313.31, 3314.03,
3314.19, 3319.01,
3319.20, 3319.291, 3319.302,
3319.304,
3319.31, 3319.311, 3319.313,
3319.314, 3319.39, 3319.391,
3319.52,
3319.99, 3326.11, 3326.23, 3327.10, 5126.253, 5126.254,
5126.99,
and 5153.176 be amended and
sections 3314.101, 3314.40,
3314.401,
3314.402, 3314.403, 3314.41, 3314.99, 3319.292,
3319.316,
3319.317, 3319.392, 3319.40,
3326.081, 3326.24,
3326.241,
3326.242, 3326.243, 3326.25, 3326.99, and 5153.99 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;
(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 or that is made under section 3314.41, 3319.392, or 3326.25
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;
the executive director of a public children services
agency; or an employer a private company described in division
(A)(2) of section
3319.391 3314.41, 3319.392, or 3326.25 of the
Revised Code; or an employer described in 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. 2953.33. (A) Except as provided in division (G) of
section 2953.32 of
the Revised Code, an order to seal the record
of a person's conviction
restores the person who is the subject of
the order to all rights and
privileges not otherwise restored by
termination of
the sentence or
community control
sanction or
by
final release on parole
or post-release control.
(B) In any application for employment, license, or other
right or privilege,
any appearance as a witness, or any other
inquiry, except as provided in
division (E) of section 2953.32 and
in section 3319.292 of
the Revised Code, a person may be
questioned only with respect to
convictions not sealed, bail
forfeitures not
expunged under
section 2953.42 of the Revised Code
as it existed prior to June
29, 1988, and bail forfeitures not
sealed, unless the question
bears a direct
and substantial
relationship to the position for
which the person is being
considered.
Sec. 3313.31. (A) All the duties and obligations of the
county auditor, county
treasurer, or other officer or person
relating to the moneys of a school
district shall be complied with
by dealing with the treasurer of the board of
education thereof.
The treasurer shall be the chief fiscal officer of the school
district,
shall be responsible for the financial affairs of the
district, and shall report to and is subject to the
direction of
the district board of education. Except as otherwise required by
law, no
treasurer shall be required to verify the accuracy of
nonfinancial
information
or data of the school district.
(B) Notwithstanding any provision of the Revised Code to the
contrary, but subject to section 3319.40 of the Revised Code, in
all school districts and educational service centers, the
treasurer shall direct and assign employees directly engaged in
the day-to-day fiscal operations of the district or service
center, as those employees are so designated by the board of the
district or service center.
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. 3314.101. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
community school
established under this chapter or by an operator is
arrested,
summoned, or indicted for an alleged violation of an
offense
listed in division (C) of section 3319.31 of the Revised
Code, if
the person holds a license, or an offense listed in division
(B)(1) of section 3319.39 of the Revised Code, if the person does
not hold a license, the chief administrator of the community
school in which that person works shall
suspend that person from
all duties that require the care,
custody, or control of a child
during the pendency of the criminal
action against the person. If
the person who is arrested, summoned, or indicted for an alleged
violation of an
offense listed in division (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised
Code is the
chief administrator of the community school, the
governing
authority of the school shall suspend the chief
administrator
from all duties that require the care, custody, or control of a
child.
(C) When a person who holds a license is suspended in
accordance with this section, the chief administrator or governing
authority that imposed the suspension promptly shall report the
person's suspension to the department of education. The report
shall include the offense for which the person was arrested,
summoned, or indicted.
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 sections
3319.39 and 3319.391 of the
Revised Code with respect to all
employees 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. 3314.40. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The chief administrator of each community school, or the
president or chairperson of the governing authority of each
community school if division (C) of this section applies, shall
promptly submit to the superintendent of public instruction the
information prescribed in division (D) of this section when any of
the following conditions applies to an employee of the school, or
an
employee of an operator working in the school, who holds a
license
issued by the state board of education:
(1) The chief administrator, or president or chairperson,
knows that the employee has
pleaded guilty to, has been found
guilty by a jury or court of, has been convicted of, has been
found to be eligible for intervention in lieu of conviction for,
or has agreed to participate in a pre-trial diversion program for
an offense described in division (B)(2) or
(C) of section 3319.31
or division (B)(1) of section 3319.39 of
the Revised Code.
(2) The governing authority of the school, or the operator,
has initiated termination or nonrenewal proceedings against, has
terminated, or has not renewed the contract of the employee
because the governing authority or operator has reasonably
determined that the employee has committed an act that is
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the governing authority or operator regarding
whether the employee has committed an act that is unbecoming to
the teaching profession or an offense described in division (B)(2)
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of
the Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrator of the community school, the president or
chairperson of the governing authority of the school shall make
the report required under this section.
(D) If a report is required under this section, the chief
administrator, or president or chairperson, shall submit to the
superintendent of public
instruction the name and social security
number of the employee
about whom the information is required and
a factual statement
regarding any of the conditions prescribed in
divisions (B)(1) to
(4) of this section that apply to the
employee.
(E) A determination made by the governing authority or
operator as described in division (B)(2) of this section or a
termination, nonrenewal, resignation, or other separation
described in divisions (B)(2) to (4) of this section does not
create a presumption of the commission or lack of the commission
by the employee of an act unbecoming to the teaching profession or
an offense described in division (B)(2) or (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised Code.
(F) No individual required to
submit a report under division
(B) of this section shall knowingly
fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3314.401. The governing authority of each community
school shall require that the reports of any investigation by the
governing authority of the school or by an operator of an employee
who works in the school, regarding whether
the employee has
committed an act or offense for which the chief
administrator of
the community school or the president or chairperson of the
governing authority is required to make a report to the
superintendent
of public instruction under section 3314.40 of the
Revised Code, be
kept in the employee's personnel file. If, after
an investigation
under division (A) of section 3319.311 of the
Revised Code, the
superintendent of public instruction determines
that the results
of that investigation do not warrant initiating
action under
section 3319.31 of the Revised Code, the governing
authority shall
require the reports of the governing authority's
or operator's investigation to
be moved from the employee's
personnel file to a separate public
file.
Sec. 3314.402. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3314.40 and 3314.401 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after March 30, 2007.
Sec. 3314.403. (A) As used in this section, "license" has
the same meaning as in section 3319.31 of the Revised Code.
(B) No employee of a community school or an operator working
in the school shall do either of the following:
(1) Knowingly make a false report to the chief administrator
of the school, or the chief administrator's designee, alleging
misconduct by another employee of the school or operator;
(2) Knowingly cause the chief administrator, or the chief
administrator's designee, to make a false report of the alleged
misconduct to the superintendent of public instruction or the
state board of education.
(C) Any employee of a community school or an operator working
in the school who in good faith reports to the chief administrator
of the school, or the chief administrator's designee, information
about alleged misconduct committed by another employee of the
school or operator shall be immune from any civil liability that
otherwise might be incurred or imposed for injury, death, or loss
to person or property as a result of the reporting of that
information.
If the alleged misconduct involves a person who holds a
license but the chief administrator is not required to submit a
report to the superintendent of public instruction under section
3314.40 of the Revised Code and the chief administrator, or the
chief administrator's designee, in good faith reports the alleged
misconduct to the superintendent of public instruction or the
state board, the chief administrator, or the chief administrator's
designee, shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the reporting of that information.
(D)(1) In any civil action brought against a person in which
it is alleged and proved that the person violated division (B) of
this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(2) If a person is convicted of or pleads guilty to a
violation of division (B) of this section, if the subject of the
false report that was the basis of the violation was charged with
any violation of a law or ordinance as a result of the false
report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of
the false report or those charges are dismissed, the court that
sentences the person for the violation of division (B) of this
section, as part of the sentence, shall order the person to pay
restitution to the subject of the false report, in an amount equal
to reasonable attorney's fees and costs that the subject of the
false report incurred as a result of or in relation to the
charges.
Sec. 3314.41. (A) As used in this section:
(1) "Designated official" means the chief administrator of a
community school, or the chief administrator's designee.
(2) "Essential school services" means services provided by a
private company under contract with a community school that the
chief administrator of the school has determined are necessary for
the operation of the school and that would need to be provided by
employees of the school if the services were not provided by the
private company.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(B) This section applies to any person who is an employee of
a private company under contract with a community school to
provide essential school services and who will work in the school
in a position that does not require a license issued by the state
board of education, is not for the operation of a vehicle for
pupil transportation, and that involves routine interaction with a
child or regular responsibility for the care, custody, or control
of a child.
(C) No community school shall permit a person to whom this
section applies to work in the school, unless one of the following
applies to the person:
(1) The person's employer presents proof of both of the
following to the designated official:
(a) That the person has been the subject of a criminal
records check conducted in accordance with division (D) of this
section within the five-year period immediately prior to the date
on which the person will begin working in the school;
(b) That the criminal records check indicates that the person
has not been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised
Code.
(2) During any period of time in which the person will have
routine interaction with a child or regular responsibility for the
care, custody, or control of a child, the designated official has
arranged for an employee of the school to be present in the same
room with the child or, if outdoors, to be within a thirty-yard
radius of the child or to have visual contact with the child.
(D) Any private company that has been hired or seeks to be
hired by a community school to provide essential school services
may request the bureau of criminal identification and
investigation to conduct a criminal records check of any of its
employees for the purpose of complying with division (C)(1) of
this section. Each request for a criminal records check under this
division shall be made to the superintendent of the bureau 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.
Notwithstanding division (H) of section 109.57 of the Revised
Code, the private company may share the results of any criminal
records check conducted under this division with the designated
official for the purpose of complying with division (C)(1) of this
section, but in no case shall the designated official release that
information to any other person.
Sec. 3314.99. (A) Whoever violates division (F) of section
3314.40 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (A)(2) of this
section,
the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if
both of the following conditions apply:
(a) The employee who is the subject of the report that the
person
fails to submit was required to be reported for the
commission or
alleged commission of an act or offense involving
the infliction
on a child of any physical or mental wound,
injury, disability, or
condition of a nature that constitutes
abuse or neglect of the
child;
(b) During the period between the violation of division (F)
of section 3314.40 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(B) Whoever violates division (B) of section 3314.403 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3319.01. Except in an island school district, where
the
superintendent of an educational service center otherwise may
serve as
superintendent of the district and except as otherwise
provided for any
cooperative education school district pursuant to
division (B)(2)
of section 3311.52 or division (B)(3) of section
3311.521 of the
Revised Code, the board of education in each
school district
and the governing board of each service center
shall, at a regular or special
meeting held not later than the
first day of May of the calendar year in which
the term of the
superintendent expires, appoint a person possessed of the
qualifications provided in this section to act as superintendent,
for a term
not longer than five years beginning the first day of
August and ending on the
thirty-first day of July. Such
superintendent is, at the
expiration of a current term of
employment, deemed reemployed
for a term of one year at the same
salary plus any increments
that may be authorized by the board,
unless such
board, on or before the first day of March of the year
in which
the contract of employment expires, either reemploys the
superintendent for a succeeding term as provided in this section
or gives to the superintendent written notice of its intention not
to reemploy the superintendent. A superintendent may not be
transferred to any other position during the term of the
superintendent's
employment or reemployment except by mutual
agreement by the superintendent
and the board. If a vacancy occurs
in the office of superintendent, the board
shall appoint a
superintendent for a term not to exceed five years from the
next
preceding first day of August.
A board may at any regular or special meeting
held during the
period beginning on the first day of January of
the calendar year
immediately preceding the year the contract of
employment of a
superintendent expires and ending on the first
day of March of the
year it expires, reemploy such superintendent
for a succeeding
term for not longer than five years, beginning
on the first day
of
August immediately following the expiration
of the
superintendent's current term of employment and
ending on the
thirty-first day of July of the year in which such succeeding
term
expires. No person shall be appointed to the office of
superintendent of
a city, or exempted village school district or a
service center who does not
hold a license designated for being a
superintendent issued under section
3319.22 of the
Revised Code,
unless such person had been employed as a county, city, or
exempted village superintendent prior to August 1, 1939. No person
shall be
appointed to the office of local superintendent who does
not
hold a license designated for being a superintendent issued
under section
3319.22 of the Revised Code, unless such person held
or was
qualified to hold the position of executive head of a local
school district on September 16, 1957. At the time of making
such
appointment or designation of term, such board shall fix the
compensation of the superintendent, which may be increased or
decreased during such term, provided such decrease is a part of a
uniform plan affecting salaries of all employees of the district,
and shall execute a written contract of employment with such
superintendent.
Each board shall adopt procedures for the
evaluation of its
superintendent and shall evaluate its
superintendent in accordance
with those procedures. An
evaluation based upon such procedures
shall be considered by the
board in deciding whether to renew the
superintendent's contract. The
establishment of an evaluation
procedure shall not create an
expectancy of continued employment.
Nothing in this section
shall prevent a board from making the
final
determination regarding the renewal or failure to renew of a
superintendent's contract.
Termination of a superintendent's contract shall be
pursuant
to section 3319.16 of the Revised Code.
A board may establish vacation leave for its
superintendent.
Upon the superintendent's separation from
employment a board that
has such leave may provide compensation at the
superintendent's
current rate of pay for all lawfully accrued and unused
vacation
leave to the superintendent's
credit at the time of
separation,
not to exceed the amount accrued within three years
before the
date of separation. In case of the death of a
superintendent, such
unused vacation leave as the board would
have paid to this
superintendent upon separation shall be
paid in accordance with
section 2113.04 of the Revised Code, or
to the superintendent's
estate.
Notwithstanding section 9.481 of the Revised Code, the board
of a city, local, exempted village, or joint vocational school
district may require its superintendent, as a condition of
employment, to reside within the boundaries of the district.
The superintendent shall be the executive officer for the
board. The Subject to section 3319.40 of the Revised Code, the
superintendent shall direct and assign teachers and other
employees of the
district or service center, except as provided in
division (B) of section 3313.31 and section 3319.04 of the Revised
Code;. The superintendent shall assign the pupils to the proper
schools
and grades, provided that the
assignment of a pupil to a
school outside of the pupil's district of residence
is approved by
the board of the district of residence of such pupil;
and. The
superintendent shall perform such other duties as the board
determines.
The board of education of any school district may contract
with the governing board of the educational service center from
which it otherwise receives services to conduct searches and
recruitment of candidates for the superintendent position
authorized under this section.
Sec. 3319.20. (A) Whenever an employee of a board of
education, other than an employee who is a license
holder to whom
section 3319.52 of the Revised Code applies, is convicted of or
pleads guilty to a felony, a violation of section
2907.04 or
2907.06 or of division (A) or (B) of section 2907.07 of
the
Revised Code, an offense of violence, theft offense, or drug
abuse
offense that is not a minor misdemeanor, or a violation of an
ordinance
of a municipal corporation that is substantively
comparable to a felony or to
a violation or offense of that
nature, or if the employee has been found to be eligible for
intervention in lieu of conviction or has agreed to participate in
a pre-trial diversion program for one of those offenses, the
prosecutor in the case, on forms
prescribed and
furnished by the
state board of education, shall notify the employing
board of
education of the employee's name and residence address,
the fact
that the employee was convicted of
or, pleaded guilty to, has been
found eligible for intervention in lieu of conviction for, or has
agreed to a diversion program for the specified offense, the
section
of the Revised Code or the municipal ordinance violated,
and
the sentence imposed by the court.
The (B) In the case of a conviction or guilty plea, the
prosecutor shall give the notification required by this
section no
earlier than the fifth day following the expiration of
the period
within which the employee may file a notice of appeal
from the
judgment of the trial court under Appellate Rule 4(B)
and no later
than the eighth day following the expiration of that
period. The
notification also shall indicate whether the
employee appealed the
conviction, and, if applicable, the court
in which the appeal will
be heard. If the employee is permitted,
by leave of court pursuant
to Appellate Rule 5, to appeal the
judgment of the trial court
subsequent to the expiration of the
period for filing a notice of
appeal under Appellate Rule 4(B),
the prosecutor promptly shall
notify the employing board of
education of the appeal and the
court in which the appeal will be
heard.
(C) In the case of a finding of eligibility for intervention
in lieu of conviction or an agreement to participate in a
pre-trial diversion program, the prosecutor shall give the
notification required by this section by a deadline prescribed by
the state board.
(D) As used in this section, "theft offense" has the same
meaning as in section 2913.01 of the Revised Code, "drug:
(1) "Drug abuse
offense" has the same meaning as in section
2925.01 of the
Revised Code, and "prosecutor".
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(4) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(5) "Theft offense" has the same meaning as in section
2913.01 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 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.
(D)(1) If a person described in division (A)(3) or (4) of
this section fails to submit fingerprints and written permission
by the date specified in the applicable division, and the state
board or the superintendent of public instruction does not apply
division (C) of this section to the person, the superintendent
shall prepare a written notice stating that if the person does not
submit the fingerprints and written permission within fifteen days
after the date the notice was mailed, the person's professional or
permanent teaching certificate will be inactivated. The
superintendent shall send the notification by regular mail to the
person's last known residence address or last known place of
employment, as indicated in the department of education's records,
or both.
If the person fails to submit the fingerprints and written
permission within fifteen days after the date the notice was
mailed, the superintendent of public instruction, on behalf of the
state board, shall issue a written order inactivating the person's
professional or permanent teaching certificate. The inactivation
shall remain in effect until the person submits the fingerprints
and written permission. The superintendent shall send the order by
regular mail to the person's last known residence address or last
known
place of employment, as indicated in the department's
records, or
both. The order shall state the reason for the
inactivation and
shall explain that the inactivation remains in
effect until the
person complies with division (A) of this
section.
The inactivation of a professional or permanent teaching
certificate under division (D)(1) of this section does not
constitute a suspension or revocation of the certificate by the
state board under section 3319.31 of the Revised Code and the
state board and the superintendent of public instruction need not
provide the person with an opportunity for a hearing with respect
to the inactivation.
(2) If a person whose professional or permanent teaching
certificate has been inactivated under division (D)(1) of this
section submits fingerprints and written permission as required by
division (A) of this section, the superintendent of public
instruction, on behalf of the state board, shall issue a written
order reactivating the certificate. The superintendent shall send
the order to the person by regular mail.
Sec. 3319.292. As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
The state board of education and the department of education
may question an applicant for issuance or renewal of any license
with respect to any criminal offense committed or alleged to have
been committed by the applicant. If the record of a conviction,
plea of guilty, bail forfeiture, or other disposition of a
criminal offense committed or alleged to have been committed by
the applicant has been sealed or expunged, the state board and the
department need not assert or demonstrate that its questioning
with respect to the offense bears a direct and substantial
relationship to the issuance or renewal of the license or to the
position in which the applicant will work under the license.
Any questions regarding a record of a conviction, plea of
guilty, bail forfeiture, or other disposition of a criminal
offense committed or alleged to have been committed by the
applicant that has been sealed or expunged and the responses of
the applicant to such questions shall not be a public record under
section 149.43 of the Revised Code.
Sec. 3319.302. It is the intent of the general assembly that
the state board of education shall administer this section without
adopting any rules for its implementation.
Unless the provisions of division (B) or, (C), or (F) of
section
3319.31 of the Revised Code apply to an applicant, the
state board
of education shall issue
a one-year
conditional
teaching permit
for teaching in grades seven to twelve
to
any
applicant
who meets
the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed
by the state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the teaching area or subject area
in which licensure under this section is sought;
(D) Has completed the equivalent of a total of six semester
hours
of additional coursework within the past five years with a
grade point average of at least 2.5 out of 4.0, or its equivalent,
in the areas of the teaching or
subject area described in
division
(C) of this section,
characteristics of
student learning,
diversity of learners,
planning for instruction,
instruction
strategies, learning
environments, communication,
assessment, or
student support and that coursework has been approved by the
school district, community school, chartered nonpublic school, or
nonprofit or for-profit entity operating an alternative school
under section 3313.533 of the Revised Code that will employ the
applicant. The
coursework may have been
completed
through classes
developed and
offered by regional
professional development
providers, such as
special education
regional resource centers,
regional professional
development
centers, educational service
centers, local
educational agencies,
professional organizations,
and institutions
of higher education,
provided the coursework is
taken
for credit
in collaboration with a
college or university
that has
a teacher
education program
approved by the state board.
(E) The applicant has entered into a written agreement with
the school district; community school; chartered nonpublic school;
or nonprofit or
for profit
entity operating an alternative school
under section
3313.533 of
the Revised Code that will employ the
applicant and
the department
of
education under which the
district, school, or entity will
provide
for the applicant a
structured
mentoring program in
the
areas
listed in division (D)
of this
section that is aligned
with
the
performance expectations
prescribed by state board rule
for
entry-year teachers.
(F) The applicant agrees to complete while employed under
the
one-year teaching permit the equivalent of an additional
three
semester hours of coursework in the teaching area or subject area
in which
the
individual is teaching and for which the individual
will seek
an
alternative educator license pursuant to division (G)
of this
section. The individual's mentor prescribed in division
(E) of
this section shall assist the individual in selecting
coursework
to satisfy the requirement prescribed in this division.
The
coursework may be completed through classes offered by
regional
professional development providers, such as special
education
regional resource centers, regional professional
development
centers, educational service centers, local
educational agencies,
professional organizations, and institutions
of higher education,
if the coursework is taken for credit in
collaboration with a
college or university that has a teacher
education program
approved by the state board.
(G) The applicant agrees to seek at the conclusion of the
year in which the individual is
employed under the one-year
teaching permit issued under this
section an alternative educator
license
issued under section 3319.26 of the Revised Code in the
teaching area or
subject
area in which the individual has been
teaching and plans
to
continue to teach. The applicant shall not
be reemployed by
the
school district; community school; chartered
nonpublic school; or
nonprofit
or for profit
entity operating an
alternative school
under
section 3313.533 of
the Revised Code or
be employed by
another
such district, school,
or entity unless
that alternative
educator
license is issued to
the applicant prior
to the beginning
of the
next school year.
(H) The applicant pays the fee established under section
3319.51 of the Revised Code.
Sec. 3319.304. Unless the provisions of division (B) or,
(C), or (F) of section
3319.31 of the Revised Code apply to an
applicant, the state board
of education shall issue a one-year
conditional teaching permit in
the area of intervention
specialist, as defined by rule of the
state board, to any
applicant who meets the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed by the state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the principles and practices of
teaching exceptional children, including such topics as child and
adolescent development, diagnosis and assessment of children with
disabilities, curriculum design and instruction, applied
behavioral analysis, and how to best teach students from
culturally diverse backgrounds with different learning styles;
(D) The applicant has entered into a written agreement with
the department of education and the school district, community
school, or nonprofit or for profit entity operating an alternative
school under section 3313.533 of the Revised Code that will employ
the applicant under which the district, school, or entity will
provide for the applicant a structured mentoring program in the
teaching of exceptional children that is aligned with the
performance expectations prescribed by state board rule for
entry-year teachers.
(E) The applicant agrees to complete while employed under the
one-year teaching permit the equivalent of an additional three
semester hours of coursework in the content and methods of
teaching reading. The coursework may be completed through classes
offered by regional professional development providers, such as
special education regional resource centers, regional professional
development centers, educational service centers, local
educational agencies, professional organizations, and institutions
of higher education, if the coursework is taken for credit in
collaboration with a college or university that has a teacher
education program approved by the state board.
(F) The applicant agrees to seek at the conclusion of the
year in which the individual is employed under the one-year
teaching permit issued under this section an alternative educator
license issued under section 3319.26 of the Revised Code in the
area of intervention specialist. The applicant shall not be
reemployed by the school district, community school, or nonprofit
or for profit entity operating an alternative school under section
3313.533 of the Revised Code or be employed by another such
district, school, or entity unless that alternative educator
license is issued to the applicant prior to the beginning of the
next school year.
(G) The applicant pays the fee established under section
3319.51 of the Revised Code.
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; 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 other than a felony listed in division (C) of
this section;
(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 other than an offense of violence
listed in division (C) of this section;
(d)(c) A theft offense, as defined in section 2913.01 of the
Revised Code, other than a theft offense listed in division (C) of
this section;
(e)(d) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor, other than a
drug abuse offense listed in division (C) of this section;
(f)(e) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e)(d) of
this section.
(3) A judicial finding of eligibility for intervention in
lieu of conviction under section 2951.041 of the Revised Code, or
agreeing to participate in a pre-trial diversion program under
section 2935.36 of the Revised Code, or a similar diversion
program under rules of a court, for any offense listed in division
(B)(2) or (C) of this section;
(4) Failure to comply with section 3314.40, 3319.313,
3326.24, or 5126.253 of the Revised Code.
(C) Upon learning of a plea of
guilty to, a finding of guilt
by a jury or court of, or a
conviction of any of the offenses
listed in this division by a
person who holds a current or
expired license or is an applicant for a license or
renewal of a
license, the state board or the superintendent of
public
instruction, if the state board has delegated the duty
pursuant
to division (D) of this section, shall by a written order
revoke
the person's license or deny issuance or renewal of the
license
to the person. The state board or the superintendent shall
revoke
a license that has been issued to a person to whom this
division
applies and has expired in the same manner as a license
that has
not expired.
Revocation of a license or denial of issuance or renewal of a
license under this division is effective immediately at the time
and date that the board or superintendent issues the written order
and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or
renewal of license under this division remains in force during the
pendency of an appeal by the person of the plea of guilty, finding
of guilt, or conviction that is the basis of the action taken
under this division.
The state board or superintendent shall take the action
required by this division for a violation of division (B)(1), (2),
(3), or (4) of section 2919.22 of the Revised Code; a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, 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;
felonious sexual penetration in
violation of former section
2907.12 of the Revised Code; or a
violation of an ordinance of a
municipal corporation that is
substantively comparable to an
offense listed in this paragraph.
(D) The state board may delegate to the superintendent of
public instruction the authority to revoke a person's license or
to deny issuance or renewal of a license to a person under
division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction
that is the basis of the action taken under division (B)(2) or (C)
of this
section, or under the version of division (F) of section
3319.311 of the Revised Code in effect prior to the effective date
of this amendment, is overturned on appeal, upon exhaustion of the
criminal
appeal, the clerk of the court that overturned the plea,
finding, or conviction or, if applicable, the clerk of the court
that accepted an appeal from the court that overturned the plea,
finding, or conviction, shall notify the state board that the
plea, finding, or conviction has been overturned. Within thirty
days after receiving the notification, the state board shall
initiate proceedings to reconsider the revocation or denial of the
person's license in accordance with division (E)(2) of this
section. In addition, the person whose license was revoked or
denied may file with the state board a petition
for
reconsideration of the revocation or denial along with
appropriate
court documents.
(2) Upon receipt of a court notification or a petition and
supporting court documents under division (E)(1) of this section,
the state board,
after offering the person an opportunity for an
adjudication
hearing under Chapter 119. of the Revised Code,
shall determine
whether the person committed the act in question
in the prior
criminal action against the person that is the
basis of the
revocation or denial and may continue the
revocation or denial,
may reinstate the person's license, with
or without limits, or may
grant the person a new license, with
or without limits. The
decision of the board shall be based on
grounds for revoking,
denying, suspending, or limiting a license
adopted by rule under
division (G) of this section and in
accordance with the
evidentiary standards the board employs for
all other licensure
hearings. The decision of the board under
this division is subject
to appeal under Chapter 119. of the
Revised Code.
(3) A person whose license is revoked or denied under
division (C) of this section shall not apply for any license if
the plea of guilty, finding of guilt, or conviction that is the
basis of the revocation or denial, upon completion of the criminal
appeal, either is upheld or is overturned but the state board
continues the revocation or denial under division (E)(2) of this
section and that continuation is upheld on final appeal.
(F) The state board may take action under division (B) of
this section, and the state board or the superintendent shall take
the action required under division (C) 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)(G) 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. 3319.311. (A)(1) The state board of education, or the
superintendent of public instruction on behalf of the board, may
investigate any information received about a person that
reasonably appears to be a basis for action under section 3319.31
of the Revised Code, including information received pursuant to
section 3314.40, 3319.291, 3319.313, 3326.24, 5126.253, or
5153.176 of the
Revised Code. The Except as provided in division
(A)(2) of this
section, the board shall contract with the office
of
the Ohio
attorney general to conduct any investigation of that
nature. The board
shall pay for the costs of the contract only
from
moneys in the
state board of education licensure
fund
established under section
3319.51 of the Revised Code.
All
Except as provided in division
(A)(2) of this section, all
information received pursuant to
section 3314.40, 3319.291,
3319.313, 3326.24, 5126.253, or 5153.176 of the
Revised Code, and
all information obtained during an
investigation is
confidential
and is not a public record under
section 149.43 of
the Revised
Code. If an investigation is
conducted under this division
regarding information received about
a person and no action is
taken
against the person under
this
section or section 3319.31 of
the Revised Code within two
years
of the completion of the
investigation, all records of the
investigation shall be expunged.
(2) In the case of a person about whom the board has learned
of a plea of guilty to, finding of guilt by a jury or court
of,
or a conviction of an offense listed in division (C) of
section
3319.31 of the Revised Code, or substantially comparable conduct
occurring in a jurisdiction outside this state, the board or the
superintendent of public instruction need not conduct any further
investigation and shall take the action required by division (C)
or (F)
of that section. Except as provided in division (G) of
this section, all information obtained by the
board or the
superintendent of public instruction pertaining to
the action is
a public record under section 149.43 of the Revised
Code.
(B) The superintendent of public instruction shall review
the
results of each investigation of a person conducted under
division
(A)(1) of this section and shall determine, on behalf of
the state
board, whether the results warrant initiating action
under
division (B) of section 3319.31 of the Revised Code. The
superintendent
shall advise the board of such determination at a
meeting of
the board. Within fourteen days of the next meeting of
the board, any member
of the board may ask that the question of
initiating
action under section 3319.31 of the Revised Code be
placed on the
board's agenda for that next meeting. Prior to
initiating that
action against any person, the person's name and
any other
personally identifiable information shall remain
confidential.
(C) The board shall take no action against
a person under
division (B) of section 3319.31 of the Revised Code without
providing the
person with written notice of the
charges and with
an opportunity for a hearing in accordance with
Chapter 119. of
the Revised Code.
(D) For purposes of an investigation under division (A)(1) of
this section or a hearing under division (C) of this section or
under division (E)(2) of section 3319.31 of the Revised Code,
the
board, or the superintendent on behalf of the board, may
administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and the
production of books, accounts, papers, records, documents, and
testimony. The issuance of subpoenas under this division may be
by
certified mail or personal delivery to the person.
(E) The superintendent, on behalf of
the board, may enter
into a consent agreement with a
person against whom action is
being taken under division (B) of section 3319.31
of the Revised
Code. The board
may adopt rules governing the
superintendent's
action under this
division.
(F) The board automatically may suspend any
license without a
prior hearing if the
license holder is convicted of or pleads
guilty to
one or more of the following offenses or a violation of
an ordinance of a
municipal
corporation or a law of another state
that is substantially comparable to
one of the following offenses:
aggravated murder; murder;
aggravated arson; aggravated robbery;
aggravated burglary;
voluntary manslaughter; felonious assault;
kidnapping; rape;
sexual battery; gross sexual imposition; or
unlawful
sexual conduct with a
minor. A suspension under this
division is effective on the
date of the conviction or guilty
plea.
For a suspension under this division, the board, in
accordance with section 119.07 of the Revised Code, shall
issue a
written order of suspension to the license
holder by certified
mail or in person and shall afford
the person a hearing upon
request. If the person does not
request a hearing within the time
limits established by that
section, the board shall enter a final
order revoking the person's
license. An order of suspension under
this
division is not subject to suspension by a court during
the
pendency of an appeal filed under section 119.12 of the
Revised
Code.
An order of suspension under this division shall remain in
effect, unless reversed on appeal, until the final order of the
board, issued pursuant to this section and Chapter 119. of the
Revised Code, becomes effective. The board shall issue a final
order within sixty days of the date of an order of suspension
under this division or a hearing on an order of
suspension,
whichever is
later. If the board fails to issue a final order by
that deadline,
the order of suspension is dissolved. No
dissolution
of an order of suspension under this division shall
invalidate
a subsequent final order of the board.
(G) No surrender of a license shall be effective
until
the
board takes action to accept the surrender unless the
surrender is
pursuant to a consent agreement entered into under
division (E) of
this section.
(G) The name of any person who is not required to report
information under section 3314.40, 3319.313, 3326.24, 5126.253, or
5153.176 of the Revised Code, but who in good faith provides
information to the state board or superintendent of public
instruction about alleged misconduct committed by a person who
holds a license or has applied for issuance or renewal of a
license, shall be confidential and shall not be released. Any such
person shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the provision of that information.
(H)(1) No person shall knowingly make a false report to the
superintendent of public instruction or the state board of
education alleging misconduct by an employee of a public or
chartered nonpublic school or an employee of the operator of a
community school established under Chapter 3314. of the Revised
Code.
(2)(a) In any civil action brought against a person in which
it is alleged and proved that the person violated division (H)(1)
of this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(b) If a person is convicted of or pleads guilty to a
violation of division (H)(1) of this section, if the subject of
the false report that was the basis of the violation was charged
with any violation of a law or ordinance as a result of the false
report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of
the false report or those charges are dismissed, the court that
sentences the person for the violation of division (H)(1) of this
section, as part of the sentence, shall order the person to pay
restitution to the subject of the false report, in an amount equal
to reasonable attorney's fees and costs that the subject of the
false report incurred as a result of or in relation to the
charges.
Sec. 3319.313. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The board of education superintendent of each school
district, the governing board of and each educational service
center or the president of the district or service center board,
if division (C)(1) of this section applies, and the chief
administrator of each chartered nonpublic
school or the president
or chairperson of the governing authority of the nonpublic school,
if division (C)(2) of this section applies, shall promptly submit
to the superintendent of public
instruction the information
prescribed in division (C)(D) of this
section when any of the
following conditions apply applies to an employee
of the
district, service center, or nonpublic school who holds a
license
issued by the state board of education:
(1) The board of education, governing board, or
superintendent, chief administrator, president, or chairperson
knows that the employee has pleaded guilty
to, has been found
guilty by a jury or court of, or has been
convicted of, has been
found to be eligible for intervention in lieu of conviction for,
or has agreed to participate in a pre-trial diversion program for
an offense described in division (B)(2) or (C) of
section 3319.31
or division (B)(1) of section 3319.39 of the
Revised Code;
(2) The district board of education, service center governing
board, or nonpublic school chief administrator or governing
authority has initiated termination or
nonrenewal proceedings
against, has terminated, or has not renewed
the contract of the
employee because the board of education,
governing board, or
chief administrator has reasonably determined
that the employee
has committed an act that is unbecoming to the
teaching
profession or an offense described in division (B)(2) or
(C) of
section 3319.31 or division (B)(1) of section 3319.39 of
the
Revised Code;
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section;
(4) The employee has resigned because of or in the course of
an investigation by the board of education, governing board, or
chief administrator regarding whether the employee has committed
an act that is unbecoming to the teaching profession or an offense
described in division (B)(2) or (C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code.
(C)(1) If the employee to whom any of the conditions
prescribed in divisions (B)(1) to (4) of this section applies is
the superintendent or treasurer of a school district or
educational service center, the president of the board of
education of the school district or of the governing board of the
educational service center shall make the report required under
this section.
(2) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrator of a chartered nonpublic school, the president or
chairperson of the governing authority of the chartered nonpublic
school shall make the report required under this section.
(D) If a report is required under this section, the board of
education, governing board, or superintendent, chief
administrator, president, or chairperson
shall submit to the
superintendent of public instruction the name
and social security
number of the employee about whom the
information is required and
a factual statement regarding any of
the conditions prescribed in
divisions (B)(1) to (4) of this
section that apply applies to the
employee.
(D)(E) A determination made by the board of education,
governing
board, or chief administrator, or governing authority
as described in division (B)(2) of
this section or a termination,
nonrenewal, resignation, or other
separation described in
divisions (B)(2) to (4) of this section
does not create a
presumption of the commission or lack of the
commission by the
employee of an act unbecoming to the teaching
profession or an
offense described in division (B)(2) or (C) of
section 3319.31 or
division (B)(1) of section 3319.39 of the
Revised Code.
(F) No individual required to
submit a report under division
(B) of this section shall knowingly
fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3319.314. The board of education of each
school
district, the governing board of each educational
service center,
and the chief administrator of each chartered
nonpublic school
shall require that the reports of any
investigation by the
district board of education, service center
governing board, or
nonpublic school chief administrator of an employee regarding
whether the employee has committed an act or offense for which the
board of education, governing board, district or service center
superintendent or board president or nonpublic school chief
administrator or governing authority president or chairperson is
required to make a report to the superintendent
of public
instruction under section 3319.313 of the Revised Code
be kept in
the employee's personnel file. If, after an
investigation under
division (A) of section 3319.311 of the
Revised Code, the
superintendent of public instruction determines
that the results
of that investigation do not warrant initiating
action under
section 3319.31 of the Revised Code, the board of
education,
governing board, or chief administrator shall require the reports
of
the board's or chief administrator's investigation to be moved
from the employee's personnel file to a separate public file.
Sec. 3319.316. The department of education, on behalf of the
state board of education, shall be a participating public office
for purposes of the retained applicant fingerprint database
established under section 109.5721 of the Revised Code and shall
receive notification from the bureau of criminal identification
and investigation of the arrest or conviction of persons to whom
the state board has issued a license, as defined in section
3319.31 of the Revised Code.
Sec. 3319.317. (A) As used in this section, "license" has
the same meaning as in section 3319.31 of the Revised Code.
(B) No employee of a school district or educational service
center shall do either of the following:
(1) Knowingly make a false report to the district or service
center superintendent, or the superintendent's designee, alleging
misconduct by another employee of the district or service center;
(2) Knowingly cause the district or service center
superintendent, or the superintendent's designee, to make a false
report of the alleged misconduct to the superintendent of public
instruction or the state board of education.
(C) Any employee of a school district or educational service
center who in good faith reports to the district or service center
superintendent, or the superintendent's designee, information
about alleged misconduct committed by another employee of the
district or service center shall be immune from any civil
liability that otherwise might be incurred or imposed for injury,
death, or loss to person or property as a result of the reporting
of that information.
If the alleged misconduct involves a person who holds a
license but the district or service center superintendent is not
required to submit a report to the superintendent of public
instruction under section 3319.313 of the Revised Code and the
district or service center superintendent, or the superintendent's
designee, in good faith reports the alleged misconduct to the
superintendent of public instruction or the state board, the
district or service center superintendent, or the superintendent's
designee, shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the reporting of that information.
(D) No employee of a chartered nonpublic school shall do
either of the following:
(1) Knowingly make a false report to the chief administrator
of the school, or the chief administrator's designee, alleging
misconduct by another employee of the school;
(2) Knowingly cause the chief administrator, or the chief
administrator's designee, to make a false report of the alleged
misconduct to the superintendent of public instruction or the
state board.
(E) Any employee of a chartered nonpublic school who in good
faith reports to the chief administrator of the school, or the
chief administrator's designee, information about alleged
misconduct committed by another employee of the school shall be
immune from any civil liability that otherwise might be incurred
or imposed for injury, death, or loss to person or property as a
result of the reporting of that information.
If the alleged misconduct involves a person who holds a
license but the chief administrator is not required to submit a
report to the superintendent of public instruction under section
3319.313 of the Revised Code and the chief administrator, or the
chief administrator's designee, in good faith reports the alleged
misconduct to the superintendent of public instruction or the
state board, the chief administrator, or the chief administrator's
designee, shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the reporting of that information.
(F)(1) In any civil action brought against a person in which
it is alleged and proved that the person violated division (B) or
(D) of this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(2) If a person is convicted of or pleads guilty to a
violation of division (B) or (D) of this section, if the subject
of the false report that was the basis of the violation was
charged with any violation of a law or ordinance as a result of
the false report, and if the subject of the false report is found
not to be guilty of the charges brought against the subject as a
result of the false report or those charges are dismissed, the
court that sentences the person for the violation of division (B)
or (D) of this section, as part of the sentence, shall order the
person to pay restitution to the subject of the false report, in
an amount equal to reasonable attorney's fees and costs that the
subject of the false report incurred as a result of or in relation
to the charges.
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. The appointing
or hiring
officer
shall request that the superintendent include
information from the
federal bureau of investigation in the
criminal records check, unless all of the following apply to the
applicant:
(a) The applicant is applying to be an instructor of adult
education.
(b) The duties of the position for which the applicant is
applying do not involve routine interaction with a child or
regular responsibility for the care, custody, or control of a
child or, if the duties do involve such interaction or
responsibility, during any period of time in which the applicant,
if hired, has such interaction or responsibility, another employee
of the school district, educational service center, or chartered
nonpublic school will be present in the same room with the child
or, if outdoors, will be within a thirty-yard radius of the child
or have visual contact with the child.
(c) The applicant presents 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 provides 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.
(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)(1) of
section
109.572 of the Revised Code, provide to each
applicant a
standard
impression sheet to obtain fingerprint
impressions
prescribed
pursuant to division (C)(2) of section
109.572 of the
Revised
Code, obtain the completed form and
impression sheet from
each
applicant, and forward the completed
form and impression
sheet to
the superintendent of the bureau of
criminal
identification and
investigation at the time the person
requests
a criminal records
check pursuant to division (A)(1) of
this
section.
(3) 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.
(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
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,
except that
"applicant"
does not include a person already employed
by a board
or
chartered
nonpublic school 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 and
substitutes for other district employees 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 and other substitute employees for
employment
in the local district.
Sec. 3319.391. (A)(1) This division section 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.
(A) For each person to whom this division section applies who
is hired on
or after the effective date of this section November
14, 2007, the
employer shall
request a criminal records check in
accordance
with section
3319.39 of the Revised Code and shall
request a subsequent criminal records check by the fifth day of
September every
five years
fifth year thereafter. For
each
person to whom this division
applies who is
hired prior to
that
date November 14, 2007, the employer shall
request a criminal
records check by
a date prescribed by the
department of
education
and shall request a subsequent criminal records check
by the fifth day of September every five
years fifth year
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. 3319.392. (A) As used in this section:
(1) "Designated official" means the superintendent, or the
superintendent's designee, in the case of a school district or
educational service center and the chief administrator, or the
chief administrator's designee, in the case of a chartered
nonpublic school.
(2) "Essential school services" means services provided by a
private company under contract with a school district, educational
service center, or chartered nonpublic school that the district or
service center superintendent or the chief administrator of the
chartered nonpublic school has determined are necessary for the
operation of the district, service center, or chartered nonpublic
school and that would need to be provided by employees of the
district, service center, or chartered nonpublic school if the
services were not provided by the private company.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(B) This section applies to any person who is an employee of
a private company under contract with a school district,
educational service center, or chartered nonpublic school to
provide essential school services and who will work in the
district, service center, or chartered nonpublic school in a
position that does not require a license issued by the state board
of education, is not for the operation of a vehicle for pupil
transportation, and that involves routine interaction with a child
or regular responsibility for the care, custody, or control of a
child.
(C) No school district, educational service center, or
chartered nonpublic school shall permit a person to whom this
section applies to work in the district, service center, or
chartered nonpublic school, unless one of the following applies to
the person:
(1) The person's employer presents proof of both of the
following to the designated official:
(a) That the person has been the subject of a criminal
records check conducted in accordance with division (D) of this
section within the five-year period immediately prior to the date
on which the person will begin working in the district, service
center, or chartered nonpublic school;
(b) That the criminal records check indicates that the person
has not been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised
Code.
(2) During any period of time in which the person will have
routine interaction with a child or regular responsibility for the
care, custody, or control of a child, the designated official has
arranged for an employee of the district, service center, or
chartered nonpublic school to be present in the same room with the
child or, if outdoors, to be within a thirty-yard radius of the
child or to have visual contact with the child.
(D) Any private company that has been hired or seeks to be
hired by a school district, educational service center, or
chartered nonpublic school to provide essential school services
may request the bureau of criminal identification and
investigation to conduct a criminal records check of any of its
employees for the purpose of complying with division (C)(1) of
this section. Each request for a criminal records check under this
division shall be made to the superintendent of the bureau 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.
Notwithstanding division (H) of section 109.57 of the Revised
Code, the private company may share the results of any criminal
records check conducted under this division with the designated
official for the purpose of complying with division (C)(1) of this
section, but in no case shall the designated official release that
information to any other person.
Sec. 3319.40. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
school district or
chartered nonpublic school is arrested,
summoned, or indicted for
an alleged violation of an offense
listed in division (C) of
section 3319.31 of the Revised Code, if the person holds a
license, or an offense listed in division (B)(1) of section
3319.39 of the Revised Code, if the person does not hold a
license, the
superintendent of the district or the chief
administrative officer
of the chartered nonpublic school shall
suspend that person from
all duties that require the care,
custody, or control of a child
during the pendency of the
criminal action against the person. If
the person who is
arrested, summoned, or
indicted for an alleged violation of an
offense listed in division
(C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code is a person whose
duties are assigned by the district treasurer under division (B)
of section 3313.31 of the Revised Code, the treasurer shall
suspend the person from all duties that require the care, custody,
or control of a child. If the person
who is arrested, summoned,
or indicted for an
alleged violation of an offense listed in
division (C) of section
3319.31 or division (B)(1) of section
3319.39 of the Revised Code is the superintendent or treasurer of
the district, the district board shall suspend the superintendent
or treasurer from all duties that require the care, custody, or
control of a child. If the person who
is arrested, summoned, or
indicted for an
alleged violation of an offense listed in
division (C) of section
3319.31 or division (B)(1) of section
3319.39 of the Revised Code is the chief administrative officer of
the chartered nonpublic school, the governing authority of the
chartered nonpublic school shall suspend the chief administrative
officer from all duties that require the care, custody, or control
of a child.
(C) When a person who holds a license is suspended in
accordance with this section, the superintendent, treasurer, board
of education, chief administrative officer, or governing authority
that imposed the suspension promptly shall report the person's
suspension to the department of education. The report shall
include the offense for which the person was arrested, summoned,
or indicted.
Sec. 3319.52. (A) As used in this section:
(1) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(2) "License" has the same meaning as in section
3319.31 of
the Revised Code.
(2)(3) "Pre-trial diversion program" means a pre-trial
diversion program under section 2935.36 of the Revised Code or a
similar diversion program under rules of a court.
(4) "Prosecutor" has the same meaning as in section 2935.01
of the Revised
Code.
(B) If there is any judicial finding of guilt or any
conviction or a judicial finding of eligibility for intervention
in lieu of conviction against a
license holder, or if a license
holder agrees to participate in a pre-trial diversion program, for
any of the offenses listed
in divisions division (B)(2)(a) to
(f)
or (C) of section 3319.31 of the
Revised Code, the prosecutor in
the case,
on forms that the state
board of education shall
prescribe and furnish,
promptly shall
notify the board and, if
known, any school district or
chartered
nonpublic school
employing the license holder of the
license
holder's name and
residence address, and the
fact that the license
holder pleaded
guilty to or,
was convicted of, has been found eligible for
intervention in lieu of conviction for, or has agreed to a
diversion program for the offense.
Sec. 3319.99. (A) Whoever violates division (A) of section
3319.151 of the
Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates division (H)(1) of section 3319.311 of
the Revised Code is guilty of a misdemeanor of the first degree.
(C)
Whoever violates division (F) of section 3319.313 of the
Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (C)(2) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if both of the following conditions apply:
(a) The employee who is the subject of the report that the
person fails to submit was required to be reported for the
commission or alleged commission of an act or offense involving
the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or
neglect of the child;
(b) During the period between the violation of division (F)
of section 3319.313 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(D) Whoever violates division (B) or (D) of section 3319.317
of the Revised Code is guilty of a misdemeanor of the first
degree.
Sec. 3326.081. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a
science, technology,
engineering, and mathematics school
established under this
chapter is arrested, summoned, or indicted
for an alleged
violation of an offense listed in division (C) of
section 3319.31
of the Revised Code, if the person holds a license, or an offense
listed in division (B)(1) of section 3319.39 of the Revised Code,
if the person does not hold a license, the chief administrative
officer of the school shall suspend that person from all duties
that require the care, custody, or control of a child during the
pendency of the criminal action against the person. If the person
who is arrested, summoned, or indicted for an
alleged violation
of an offense listed in division (C) of section
3319.31 or
division (B)(1) of section 3319.39 of the Revised Code is the
chief administrative officer of
the school, the governing body of
the school shall suspend the
chief administrative officer from
all duties that require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in
accordance with this section, the chief administrative officer or
governing body that imposed the suspension promptly shall report
the person's suspension to the department of education. The report
shall include the offense for which the person was arrested,
summoned, or indicted.
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 sections
3319.39 and 3319.391 of the
Revised Code with respect to all
employees 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. 3326.24. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The chief administrative officer of each science,
technology, engineering, and mathematics school, or the president
or chairperson of the governing body of the school, if division
(C) of this section applies, shall promptly
submit to the
superintendent of public instruction the information
prescribed
in division (D) of this section when any of the
following
conditions applies to an employee of the school who holds
a
license issued by the state board of education:
(1) The chief administrative officer, president, or
chairperson knows that the employee
has pleaded guilty to, has
been found guilty by a jury or court
of, has been convicted of,
has been found to be eligible for intervention in lieu of
conviction for, or has agreed to participate in a pre-trial
diversion program for an offense described in division
(B)(2) or
(C) of section 3319.31 or division (B)(1) of section
3319.39 of
the Revised Code.
(2) The governing body of the school has initiated
termination or nonrenewal proceedings against, has terminated, or
has not renewed the contract of the employee because the governing
body has reasonably determined that the employee has committed an
act that is unbecoming to the teaching profession or an offense
described in division (B)(2) or (C) of section 3319.31 or division
(B)(1) of section 3319.39 of the Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the governing body regarding whether the
employee has committed an act that is unbecoming to the teaching
profession or an offense described in division (B)(2) or (C) of
section 3319.31 or division (B)(1) of section 3319.39 of the
Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrative officer of a science, technology, engineering, or
mathematics school, the president or chairperson of the governing
body of the school shall make the report required under this
section.
(D) If a report is required under this section, the chief
administrative officer, president, or chairperson shall submit to
the superintendent of
public instruction the name and social
security number of the
employee about whom the information is
required and a factual
statement regarding any of the conditions
prescribed in divisions
(B)(1) to (4) of this section that
applies to the employee.
(E) A determination made by the governing body as described
in division (B)(2) of this section or a termination, nonrenewal,
resignation, or other separation described in divisions (B)(2) to
(4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(F) No individual required to
submit a report under division
(B) of this section shall knowingly
fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3326.241. The governing body of each
science,
technology, engineering, and mathematics school shall
require
that the reports of any investigation by the governing
body of an
employee regarding whether the employee
has committed an act or
offense for which the chief administrative
officer of the school
or the president or chairperson of the governing body is required
to make a report to the superintendent of
public instruction
under section 3314.40 of the Revised Code be
kept in the
employee's personnel file. If, after an investigation
under
division (A) of section 3319.311 of the Revised Code, the
superintendent of public instruction determines that the results
of that investigation do not warrant initiating action under
section 3319.31 of the Revised Code, the governing body shall
require the reports of the investigation to be moved from the
employee's personnel file to a
separate public file.
Sec. 3326.242. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3326.24 and 3326.241 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into after March 30, 2007.
Sec. 3326.243. (A) As used in this section, "license" has
the same meaning as in section 3319.31 of the Revised Code.
(B) No employee of a science, technology, engineering, and
mathematics school shall do either of the following:
(1) Knowingly make a false report to the chief administrative
officer of the school, or the chief administrative officer's
designee, alleging misconduct by another employee of the school;
(2) Knowingly cause the chief administrative officer, or the
chief administrative officer's designee, to make a false report of
the alleged misconduct to the superintendent of public instruction
or the state board of education.
(C) Any employee of a STEM school who in good faith reports
to the chief administrative officer of the school, or the chief
administrative officer's designee, information about alleged
misconduct committed by another employee of the school shall be
immune from any civil liability that otherwise might be incurred
or imposed for injury, death, or loss to person or property as a
result of the reporting of that information.
If the alleged misconduct involves a person who holds a
license but the chief administrative officer is not required to
submit a report to the superintendent of public instruction under
section 3326.24 of the Revised Code and the chief administrative
officer, or the chief administrative officer's designee, in good
faith reports the alleged misconduct to the superintendent of
public instruction or the state board, the chief administrative
officer, or the chief administrative officer's designee, shall be
immune from any civil liability that otherwise might be incurred
or imposed for injury, death, or loss to person or property as a
result of the reporting of that information.
(D)(1) In any civil action brought against a person in which
it is alleged and proved that the person violated division (B) of
this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(2) If a person is convicted of or pleads guilty to a
violation of division (B) of this section, if the subject of the
false report that was the basis of the violation was charged with
any violation of a law or ordinance as a result of the false
report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of
the false report or those charges are dismissed, the court that
sentences the person for the violation of division (B) of this
section, as part of the sentence, shall order the person to pay
restitution to the subject of the false report, in an amount equal
to reasonable attorney's fees and costs that the subject of the
false report incurred as a result of or in relation to the
charges.
Sec. 3326.25. (A) As used in this section:
(1) "Designated official" means the chief administrative
officer of a science, technology, engineering, and mathematics
school, or the chief administrative officer's designee.
(2) "Essential school services" means services provided by a
private company under contract with a STEM school that the chief
administrative officer of the school has determined are necessary
for the operation of the school and that would need to be provided
by employees of the school if the services were not provided by
the private company.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(B) This section applies to any person who is an employee of
a private company under contract with a STEM school to provide
essential school services and who will work in the school in a
position that does not require a license issued by the state board
of education, is not for the operation of a vehicle for pupil
transportation, and that involves routine interaction with a child
or regular responsibility for the care, custody, or control of a
child.
(C) No STEM school shall permit a person to whom this section
applies to work in the school, unless one of the following applies
to the person:
(1) The person's employer presents proof of both of the
following to the designated official:
(a) That the person has been the subject of a criminal
records check conducted in accordance with division (D) of this
section within the five-year period immediately prior to the date
on which the person will begin working in the school;
(b) That the criminal records check indicates that the person
has not been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised
Code.
(2) During any period of time in which the person will have
routine interaction with a child or regular responsibility for the
care, custody, or control of a child, the designated official has
arranged for an employee of the school to be present in the same
room with the child or, if outdoors, to be within a thirty-yard
radius of the child or to have visual contact with the child.
(D) Any private company that has been hired or seeks to be
hired by a STEM school to provide essential school services may
request the bureau of criminal identification and investigation to
conduct a criminal records check of any of its employees for the
purpose of complying with division (C)(1) of this section. Each
request for a criminal records check under this division shall be
made to the superintendent of the bureau 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.
Notwithstanding division (H) of section 109.57 of the Revised
Code, the private company may share the results of any criminal
records check conducted under this division with the designated
official for the purpose of complying with division (C)(1) of this
section, but in no case shall the designated official release that
information to any other person.
Sec. 3326.99. (A) Whoever violates division (F) of section
3326.24 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (A)(2) of this
section,
the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if
both of the following conditions apply:
(a) The employee who is the subject of the report that the
person
fails to submit was required to be reported for the
commission or
alleged commission of an act or offense involving
the infliction
on a child of any physical or mental wound,
injury, disability, or
condition of a nature that constitutes
abuse or neglect of the
child;
(b) During the period between the violation of division (F)
of section 3326.24 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
(B) Whoever violates division (B) of section 3326.243 of the
Revised Code is guilty of a misdemeanor of the first degree.
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) 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 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 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 November 14, 2007,
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 November 14, 2007,
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) (C) of
section 3319.39 3319.31 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. 5126.253. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) Each The superintendent of each county board of mental
retardation and developmental disabilities or the president of the
board, if division (C) of this section applies, shall promptly
submit
to the superintendent of public instruction the
information
prescribed in division (C)(D) of this section when
any of the
following conditions apply applies to an employee of
the board who holds a
license issued by the state board of
education:
(1) The board superintendent or president knows that the
employee has
pleaded guilty to, has been found guilty by a jury
or court of, or
has been convicted of, has been found to be
eligible for intervention in lieu of conviction for, or has agreed
to participate in a pre-trial diversion program for an offense
described in division (B)(2) or
(C) of section 3319.31 or
division (B)(1) of section 3319.39 of
the Revised Code;.
(2) The board has initiated termination or nonrenewal
proceedings against, has terminated, or has not renewed the
contract of the employee because the board has reasonably
determined that the employee has committed an act unbecoming to
the teaching profession or an offense described in division (B)(2)
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of
the Revised Code;.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section;.
(4) The employee has resigned because of or in the course of
an investigation by the board regarding whether the employee has
committed an act unbecoming to the teaching profession or an
offense described in division (B)(2) or (C) of section 3319.31 or
division (B)(1) of section 3319.39 of the Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the
superintendent of a county board of mental retardation and
developmental disabilities, the president of the board shall make
the report required under this section.
(D) If a report is required under this section, the board
superintendent or president shall submit to the superintendent of
public
instruction the name and social security number of the
employee
about whom information is required and a factual
statement
regarding any of the conditions prescribed in divisions
(B)(1) to
(4) of this section that apply applies to the employee.
(D)(E) A determination made by the board as described in
division (B)(2) of this section or a termination, nonrenewal,
resignation, or other separation described in divisions (B)(2) to
(4) of this section does not create a presumption of the
commission or lack of the commission by the employee of an act
unbecoming to the teaching profession or an offense described in
division (B)(2) or (C) of section 3319.31 or division (B)(1) of
section 3319.39 of the Revised Code.
(F) No individual required to
submit a report under division
(B) of this section shall knowingly
fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 5126.254. Each The superintendent of each county board
of mental retardation and developmental disabilities shall require
that the reports of any investigation by the board of an employee
regarding whether the employee has committed an act or offense for
which the board superintendent is required to make a report to the
superintendent of public instruction under section 5126.253 of the
Revised Code be kept in the employee's personnel file. If, after
an investigation under division (A) of section 3319.311 of the
Revised Code, the superintendent of public instruction determines
that the results of that investigation do not warrant initiating
action under section 3319.31 of the Revised Code, the
superintendent of the county board shall require the reports of
the board's
investigation to be moved from the employee's
personnel file to a
separate public file.
Sec. 5126.99. (A) Whoever violates division (B) of section
5126.044 of the Revised Code is guilty of a misdemeanor of the
first
degree.
(B) Whoever violates division (F) of section 5126.253 of the
Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (B)(2) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if both of the following conditions apply:
(a) The employee who is the subject of the report that the
person fails to submit was required to be reported for the
commission or alleged commission of an act or offense involving
the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or
neglect of the child;
(b) During the period between the violation of division (F)
of section 5126.253 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
mental retardation and developmental disabilities where the
employee works any physical or mental wound, injury, disability,
or condition of a nature that constitutes abuse or neglect of the
child.
Sec. 5153.176. As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(A) Notwithstanding division (H)(1) of section 2151.421,
section 5153.17, or any other section of the Revised Code
pertaining to confidentiality, the director of a public children
services agency shall promptly provide to the superintendent of
public instruction information regarding the agency's
investigation of a report of child abuse or neglect made pursuant
to section 2151.421 of the Revised Code involving a person who
holds a license issued by the state board of education where the
agency has determined that child abuse or neglect occurred and
that abuse or neglect is related to the person's duties and
responsibilities under the license. The information provided by
the agency director shall include the following:
(1) A summary of the nature of the allegations contained in
the report of which the person is the subject and the final
disposition of the investigation conducted in response to that
report or, if the investigation is not complete, the status of the
investigation;
(2) Upon written request of the superintendent of public
instruction, the additional information described in division (C)
of this section regarding the agency's investigation of the
report, unless the prosecuting attorney of the county served by
the agency determines that such information may not be released
pursuant to division (B) of this section.
(B) Upon receipt of a written request from the superintendent
of public instruction for the additional information described in
division (C) of this section, the director of the public children
services agency shall determine if the prosecuting attorney of the
county served by the public children services agency intends to
prosecute the subject of the report based on the allegations
contained in the report. If the prosecuting attorney intends to
prosecute the subject of the report, the prosecuting attorney
shall determine the information described in division (C) of this
section that may be released, if any, and shall provide the
director with written authorization to release the information so
determined. The agency director shall provide the superintendent
of public instruction with any information described in division
(C) of this section that the prosecuting attorney determines may
be released, but in no case shall the agency director provide any
information that the prosecuting attorney determines shall not be
released. If the prosecuting attorney does not intend to prosecute
the subject of the report, the prosecuting attorney shall notify
the director of that fact and the agency director shall provide
all of the information described in division (C) of this section
to the superintendent of public instruction.
(C) In accordance with division (B) of this section, the
public children services agency director shall provide information
to the superintendent of public instruction regarding the public
children services agency's investigation of the report described
in division (A) of this section, including, but not limited to,
the following:
(1) The following information about the alleged child victim
of the abuse or neglect:
(c) Address and telephone number;
(e) Name and contact information of the child's parent,
guardian, or legal custodian;
(f) Name and contact information of any medical facility that
provided treatment to the child, if the child was injured in
connection with the abuse or neglect and if that information is
available;
(g) A summary of interviews with the child or, if an entity
other than the agency conducted the interviews, the contact
information for that entity. The summary shall include an
accounting of the facts and circumstances of the alleged abuse or
neglect, including, but not limited to, the time and place that
the abuse or neglect occurred.
(h) Copies of any written correspondence between the child
and the alleged perpetrator of the abuse or neglect that was used
by the agency to determine that abuse or neglect occurred, the
release of which is not otherwise prohibited by law.
(2) The following information about the alleged perpetrator
of the abuse or neglect:
(c) Address and telephone number;
(d) Name of school district and school building that employed
the alleged perpetrator at the time the report was made;
(e) Name and contact information of any medical facility that
provided treatment to the alleged perpetrator, if the alleged
perpetrator was injured in connection with the abuse or neglect
and if that information is available;
(f) A summary of interviews with the alleged perpetrator or,
if an entity other than the agency conducted the interviews, the
contact information for that entity. The summary shall include an
accounting of the facts and circumstances of the alleged abuse or
neglect, including, but not limited to, the time and place that
the abuse or neglect occurred.
(g) Copies of any written correspondence between the alleged
child victim and the alleged perpetrator that was used by the
agency to determine that abuse or neglect occurred, the release of
which is not otherwise prohibited by law;
(h) If the alleged perpetrator has been the subject of any
previous reports made pursuant to section 2151.421 of the Revised
Code where the agency determined that physical or sexual child
abuse occurred, a summary of the chronology of those reports; the
final disposition of the investigations conducted in response to
those reports, or if an investigation is not complete, the status
of that investigation; and any underlying documentation concerning
those reports.
(3) The following information about each person, other than
the alleged child victim and the alleged perpetrator, whom the
agency has determined to be important to the investigation, except
that the information shall not be provided about the person who
made the report unless that person grants written permission for
the agency director to release the information:
(b) Address and telephone number;
(c) If the person has been interviewed regarding the alleged
abuse or neglect, a summary of those interviews or, if an entity
other than the agency conducted the interviews, the contact
information for such entity.
(D) Upon provision of any information to the superintendent
of public instruction under this section, the public children
services agency director shall notify the superintendent of both
of the following:
(1) That the information is confidential;
(2) That unauthorized dissemination of the information is a
violation of division (H)(2) of section 2151.421 and section
3319.311 of the Revised Code and any person who permits or
encourages unauthorized dissemination of the information is guilty
of a misdemeanor of the fourth degree pursuant to section 2151.99
of the Revised Code.
If the agency director determines that the superintendent of
public instruction or any person involved in the conduct of an
investigation under section 3319.311 of the Revised Code
committed, caused, permitted, or encouraged the unauthorized
dissemination of any information provided under this section, the
agency director shall provide written notification of the
unauthorized dissemination to the prosecuting attorney of the
county or the village solicitor, city director of law, or similar
chief legal officer of the municipal corporation in which the
unauthorized dissemination occurred. A copy of the notification
shall be retained in the investigative record maintained by the
public children services agency.
(E) The public children services agency director shall
include documentation of the information provided to the
superintendent of public instruction under this section in the
investigative record maintained by the public children services
agency. The documentation shall include the following:
(1) A list of the information provided;
(2) The date the information was provided;
(3) If the superintendent of public instruction designates a
person to receive the information on the superintendent's behalf,
the name of that person;
(4) The reason for providing the information;
(5) If written authorization to provide the information is
required from the prosecuting attorney under division (B) of this
section, a copy of that authorization.
(F) An employee No director of a public children services
agency shall knowingly fail to comply with division (A) or (C) of
this section.
(G) A director of a public children services agency who
provides information to the superintendent of public instruction
in accordance with this section in good faith shall be immune from
any civil or criminal liability that otherwise might be incurred
or imposed for injury, death, or loss to person or property as a
result of the provision of that information.
(G)(H) Notwithstanding any provision to the contrary in
Chapter 4117. of the Revised Code, the provisions of this section
prevail over any conflicting provisions of a collective bargaining
agreement or contract for employment entered into after the
effective date of this section March 30, 2007.
Sec. 5153.99. Whoever violates division (F) of section
5153.176 of the Revised Code shall be punished as follows:
(A) Except as otherwise provided in division (B) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(B) The person is guilty of a misdemeanor of the first degree
if, during the period between the violation and the conviction of
or plea of guilty by the person for that violation, the license
holder who is the subject of the investigation about which the
person fails to provide information inflicts on any child
attending a school district, educational service center, public or
nonpublic school, or county board of mental retardation and
developmental disabilities where the license holder works any
physical or mental wound, injury, disability, or condition of a
nature that constitutes abuse or neglect of the child.
Section 2. That existing sections 109.57, 2953.33, 3313.31,
3314.03, 3314.19,
3319.01, 3319.20,
3319.291, 3319.302, 3319.304,
3319.31, 3319.311,
3319.313, 3319.314, 3319.39, 3319.391,
3319.52, 3319.99, 3326.11, 3326.23, 3327.10, 5126.253, 5126.254,
5126.99,
and 5153.176 of
the Revised
Code are hereby repealed.
|