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Sub. H. B. No. 19 As Recommitted to the Senate Education CommitteeAs Recommitted to the Senate Education Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Brown, Fende, Okey, Williams, B., Garrison, Bolon, Chandler, Phillips, Boyd, Newcomb, Williams, S., Domenick, Pillich, Harris, Murray, Luckie, DeBose, Driehaus, Garland, Lundy, Pryor, Weddington, Celeste, Dodd, Dyer, Foley, Gerberry, Goyal, Hagan, Heard, Hite, Koziura, Mallory, Otterman, Patten, Skindell, Slesnick, Stewart, Szollosi, Ujvagi, Winburn, Yuko
Senators Cates, Carey, Gibbs, Sawyer, Fedor, Morano
A BILL
To amend sections 3313.60, 3313.666, 3314.35,
3319.073, 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, 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;
(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
defining dating violence, recognizing
dating
violence warning
signs, and characteristics of healthy
relationships. As used in
this division, "dating violence" has
the same meaning as in section 3313.666 of the Revised Code.
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.
(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:
(1) "Dating partner" means any person, regardless of gender,
involved in an intimate relationship with another primarily
characterized by the expectation of affectionate involvement
whether casual, serious, or long-term.
(2) "Dating violence" means a pattern of behavior where a
person uses or threatens physical, sexual, verbal, or emotional
abuse to control the person's dating partner.
(3) "Harassment, intimidation, or bullying" means any either
of the following:
(a) Any intentional written, verbal, or physical act that a
student has exhibited toward another particular student more than
once and the behavior both:
(1)(i) Causes mental or physical harm to the other student;
(2)(ii) Is sufficiently severe, persistent, or pervasive that
it creates an intimidating, threatening, or abusive educational
environment for the other student.
(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 dating violence.
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, as defined in section 3313.666 of the Revised
Code, 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. 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 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 adopted by the
department
under division (E) of that section.
Section 2. That existing sections 3313.60, 3313.666,
3314.35,
3319.073, 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
dating violence, as defined in section 3313.666 of the Revised
Code, as amended by this act.
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