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(128th General Assembly)
(Substitute House Bill Number 19)
AN ACT
To amend sections 3313.60, 3313.666, 3314.35,
3319.073, 3319.39, and 3327.10 of the Revised Code
to enact the "Tina Croucher Act" to require public
schools to incorporate dating violence into their
policies prohibiting harassment, intimidation, or
bullying; to require school districts to include
dating violence prevention
education in the
health curriculum; to clarify the conditions under
which a community school must close for poor
academic performance; and to revise the criminal
offenses that disqualify school bus drivers for
employment.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3313.60, 3313.666, 3314.35,
3319.073, 3319.39, and 3327.10 of the Revised Code be amended to
read as follows:
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code.
(A) The board of education of each city and exempted village
school district, the governing board of each educational service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing, spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio,
and national, state, and local government in the United States,
including a balanced presentation of the relevant contributions to
society of men and women of African, Mexican, Puerto Rican, and
American Indian descent as well as other ethnic and racial groups
in Ohio and the United States;
(3) Mathematics;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in personal safety and assault
prevention;
(e) In grades seven through twelve, age-appropriate
instruction in dating violence prevention education, which shall
include instruction in recognizing
dating violence warning signs
and characteristics of healthy
relationships.
In order to assist school districts in developing a dating
violence prevention education curriculum, the department of
education shall provide on its web site links to free curricula
addressing dating violence prevention.
If the parent or legal guardian of a student less than
eighteen years of age submits to the principal of the student's
school a written request to examine the dating violence
prevention instruction materials used at that school, the
principal, within a reasonable period of time after the request
is made, shall allow the parent or guardian to examine those
materials at that school.
(6) Physical education;
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention, except
that upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in
cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section, every
school or school district shall include in the requirements for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by the board, are able to
demonstrate mastery of essential concepts and skills of the eighth
grade American history course of study.
(C) Except as provided in division (E) of this section, every
high school shall include in the requirements for graduation from
any curriculum one unit of American history and government,
including a study of the constitutions of the United States and of
Ohio.
(D) Except as provided in division (E) of this section, basic
instruction in geography, United States history, the government of
the United States, the government of the state of Ohio, local
government in Ohio, the Declaration of Independence, the United
States Constitution, and the Constitution of the state of Ohio
shall be required before pupils may participate in courses
involving the study of social problems, economics, foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each model
curriculum developed pursuant to section 3301.079 of the Revised
Code, which copies shall be available at all times during school
hours in each district school building.
Sec. 3313.666. (A) As used in this section, "harassment,
intimidation, or bullying" means any either of the following:
(1) Any intentional written, verbal, or physical act that a
student has exhibited toward another particular student more than
once and the behavior both:
(1)(a) Causes mental or physical harm to the other student;
(2)(b) Is sufficiently severe, persistent, or pervasive that
it creates an intimidating, threatening, or abusive educational
environment for the other student.
(2) Violence within a dating relationship.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall establish a
policy prohibiting harassment, intimidation, or bullying. The
policy shall be developed in consultation with parents, school
employees, school volunteers, students, and community members. The
policy shall include the following:
(1) A statement prohibiting harassment, intimidation, or
bullying of any student on school property or at school-sponsored
events;
(2) A definition of harassment, intimidation, or bullying
that shall include the definition in division (A) of this section;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited
incidents of which they are aware to the school principal or other
administrator designated by the principal;
(5) A requirement that parents or guardians of any student
involved in a prohibited incident be notified and, to the extent
permitted by section 3319.321 of the Revised Code and the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232q, as amended, have access to any written reports
pertaining to the prohibited incident;
(6) A procedure for documenting any prohibited incident that
is reported;
(7) A procedure for responding to and investigating any
reported incident;
(8) A strategy for protecting a victim from additional
harassment, intimidation, or bullying, and from retaliation
following a report;
(9) A disciplinary procedure for any student guilty of
harassment, intimidation, or bullying, which shall not infringe on
any student's rights under the first amendment to the Constitution
of the United States;
(10) A requirement that the district administration
semiannually provide the president of the district board a written
summary of all reported incidents and post the summary on its web
site, if the district has a web site, to the extent permitted by
section 3319.321 of the Revised Code and the "Family Educational
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as
amended.
(C) Each board's policy shall appear in any student
handbooks, and in any of the publications that set forth the
comprehensive rules, procedures, and standards of conduct for
schools and students in the district. Information regarding the
policy shall be incorporated into employee training materials.
(D) A school district employee, student, or volunteer shall
be individually immune from liability in a civil action for
damages arising from reporting an incident in accordance with a
policy adopted pursuant to this section if that person reports an
incident of harassment, intimidation, or bullying promptly in good
faith and in compliance with the procedures as specified in the
policy.
(E) Except as provided in division (D) of this section,
nothing in this section prohibits a victim from seeking redress
under any other provision of the Revised Code or common law that
may apply.
(F) This section does not create a new cause of action or a
substantive legal right for any person.
(G) Not later than six months after the effective date of
this amendment, each board shall update the policy adopted under
this section to include violence within a dating relationship.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008, but before
July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(3) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
(D) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(2) of this section. The
department shall reevaluate each community school that the
department directed to close at the conclusion of the 2009-2010
school year to determine if the school still meets the criteria
prescribed by division (A)(2) of this section when the school's
performance ratings for its first two years of operation are not
considered and, if the school no longer meets those criteria, the
department shall not require the school to close at the conclusion
of that school year.
Sec. 3319.073. (A) The board of education of each city and
exempted village school district and the governing board of each
educational service center shall adopt or adapt the curriculum
developed by the department of education for, or shall develop in
consultation with public or private agencies or persons involved
in child abuse prevention or intervention programs, a program of
in-service training in the prevention of child abuse, violence,
and substance abuse and the promotion of positive youth
development. Each person employed by any school district or
service center to work in a school as a nurse, teacher, counselor,
school psychologist, or administrator shall complete at least four
hours of the in-service training within two years of commencing
employment with the district or center, and every five years
thereafter. A person who is employed by any school district or
service center to work in an elementary school as a nurse,
teacher, counselor, school psychologist, or administrator on March
30, 2007, shall complete at least four hours of the in-service
training not later than March 30, 2009, and every five years
thereafter. A person who is employed by any school district or
service center to work in a middle or high school as a nurse,
teacher, counselor, school psychologist, or administrator on the
effective date of this amendment October 16, 2009, shall complete
at least four hours of the in-service training not later than two
years after the effective date of this amendment October 16, 2011,
and every five years thereafter.
(B) Each board shall incorporate training in school safety
and violence prevention into the in-service training required by
division (A) of this section. For this purpose, the board shall
adopt or adapt the curriculum developed by the department or shall
develop its own curriculum in consultation with public or private
agencies or persons involved in school safety and violence
prevention programs.
(C) Each board shall incorporate training in the prevention
of dating violence into the in-service training required by
division (A) of this section for middle and high school employees.
The board shall develop its own curriculum for this purpose.
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)(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.
The department shall amend rule 3301-83-23 of the Ohio
Administrative Code that took effect August 27, 2009, and that
specifies the offenses that disqualify a person for employment as
a school bus or school van driver and establishes rehabilitation
standards for school bus and school van drivers.
(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 the local district.
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 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 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 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, except that if
both of the following conditions apply to the person subject to
the records check, the employer shall request the superintendent
only to obtain any criminal records that the federal bureau of
investigation has on the person:
(a) The employer previously requested the superintendent to
determine whether the bureau of criminal identification and
investigation has any information, gathered pursuant to division
(A) of section 109.57 of the Revised Code, on the person in
conjunction with a criminal records check requested under section
3319.39 of the Revised Code or under division (J) of this section.
(b) The person presents proof that the person has been a
resident of this state for the five-year period immediately prior
to the date upon which the person becomes subject to a criminal
records check under this section.
Upon receipt of a request, the superintendent 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. However, as specified in division
(B)(2) of section 109.572 of the Revised Code, if the employer
requests the superintendent only to obtain any criminal records
that the federal bureau of investigation has on the person for
whom the request is made, the superintendent shall not conduct the
review prescribed by division (B)(1) of that section.
(K) Any (1) Until the effective date of the amendments to
rule 3301-83-23 of the Ohio Administrative Code required by the
second paragraph of division (E) of section 3319.39 of the Revised
Code, 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 (C)(B)(1) of
section 3319.31 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 prescribed for
nonlicensed school personnel by rule 3301-20-03 of the Ohio
Administrative Code.
(2) Beginning on the effective date of the amendments to rule
3301-83-23 of the Ohio Administrative Code required by the second
paragraph of division (E) of section 3319.39 of the Revised Code,
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 that, under the rule, disqualifies a person
for employment to operate a vehicle used for pupil transportation
shall not be hired or shall be released from employment, as
applicable, unless the person meets the rehabilitation standards
prescribed by the rule.
SECTION 2. That existing sections 3313.60, 3313.666,
3314.35, 3319.073, 3319.39, and 3327.10 of the Revised Code are
hereby repealed.
SECTION 3. This act shall be known as the "Tina Croucher
Act."
SECTION 4. Not later than six months after the effective
date of this section, the State Board of Education shall update
its model policy to prohibit harassment, intimidation, or bullying
adopted under section 3301.22 of the Revised Code to include
violence within a dating relationship.
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