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.
|
S. B. No. 126 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Turner, Cafaro, Schiavoni, Morano, Kearney, Sawyer, Miller, D.
A BILL
To amend sections 2921.22, 3313.666, and 3313.667 of
the Revised Code to prohibit school administrators
from knowingly failing to report to law
enforcement authorities menacing by stalking or
telecommunications harassment that occurs on
school grounds, to
require a board of education
to adopt a policy
that prohibits bullying by
electronic means, to require a
school district's
harassment policy to address
acts that occur off
school property but materially
disrupt the
educational environment of the school,
to require
a school district annually to provide
training on
the district's bullying policy for
district
employees and volunteers, and to require
a school
district to notify parents or guardians
of
students if the annual training is not
completed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.22, 3313.666, and 3313.667 of
the Revised Code be
amended to read as follows:
Sec. 2921.22. (A)(1) Except as provided in division
(A)(2)
of this section, no person, knowing that a felony has
been
or is
being committed, shall knowingly fail to report such
information
to law enforcement authorities.
(2) No person, knowing that a violation of division (B) of
section 2913.04 of the Revised Code has been, or is being
committed or that the person has received information derived from
such a violation, shall knowingly fail to report the violation to
law enforcement authorities.
(3) No person who holds an administrator license issued under
the authority of section 3319.22 of the Revised Code and is
employed as an administrator by a city, local, exempted village,
or joint vocational school district, knowing that a violation of
section 2903.211 or 2917.21 of the Revised Code has been or is
being committed on school premises, as defined in section 2925.01
of the Revised Code, of the school district or a school bus
operated by the school district or at a school-sponsored event of
the school district shall knowingly fail to report the violation
to law enforcement authorities.
(B) Except for conditions that are within the scope of
division (E) of this section, no
physician,
limited
practitioner,
nurse, or other person giving aid to a sick
or injured person
shall
negligently fail to report to law
enforcement authorities
any
gunshot or stab wound
treated or observed
by the
physician,
limited practitioner, nurse,
or person, or any serious physical
harm to persons that the
physician, limited practitioner, nurse,
or
person knows or has
reasonable cause to
believe resulted from
an offense of violence.
(C) No person who discovers the body or acquires the first
knowledge of the death of a person shall fail to report the
death
immediately to a physician whom the person knows to be
treating
the deceased for a condition from which death at such
time would
not be unexpected, or to a law enforcement officer,
an ambulance
service,
an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is
believed
to have occurred, or knowledge concerning the death is
obtained.
(D) No person shall fail to provide upon request of the
person to whom
a report required by division (C) of
this section
was made, or to any law enforcement officer who has
reasonable
cause to assert the authority to investigate the
circumstances
surrounding the death, any facts within the
person's
knowledge
that may have a bearing on the investigation of the
death.
(E)(1) As used in this division, "burn injury" means any
of
the following:
(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result
of the use of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined by section 3743.01 of the Revised
Code.
(2) No physician, nurse, or limited practitioner who,
outside
a hospital, sanitarium, or other medical facility,
attends
or
treats a person who has sustained a burn injury
that is
inflicted
by an
explosion or other incendiary device or that
shows evidence
of
having been inflicted in a violent, malicious,
or criminal
manner
shall fail to report the burn injury
immediately to the
local
arson, or fire and explosion
investigation, bureau, if there
is
a bureau
of this type in
the jurisdiction in
which the person
is attended or treated,
or
otherwise to local law
enforcement
authorities.
(3) No manager, superintendent, or other person in charge
of
a hospital, sanitarium, or other medical facility in which a
person is attended or treated for any burn injury
that is
inflicted by an
explosion or other incendiary device or that
shows
evidence of
having been inflicted in a violent, malicious,
or
criminal
manner
shall fail to report the burn injury
immediately
to the
local
arson, or fire and explosion
investigation, bureau,
if there is
a bureau
of this type in
the jurisdiction
in
which the
person is attended or treated, or
otherwise to local
law
enforcement authorities.
(4) No person who is required to report any burn injury
under
division (E)(2) or (3) of this section shall fail to file,
within
three working days after attending or treating the victim,
a
written report of the burn injury with the office of the state
fire marshal. The report shall
comply
with the uniform standard
developed by the
state fire marshal
pursuant to division (A)(15)
of section 3737.22 of the Revised
Code.
(5) Anyone participating in the making of reports under
division (E) of this section or anyone participating in a
judicial
proceeding resulting from the reports is immune
from any civil or
criminal liability that otherwise might be
incurred or imposed as
a result of such actions. Notwithstanding
section 4731.22 of the
Revised Code, the physician-patient
relationship is not a ground
for excluding evidence regarding a
person's burn injury or the
cause of the burn injury in any
judicial proceeding resulting from
a report submitted
under division (E) of this section.
(F)(1) Any doctor of medicine or osteopathic medicine,
hospital intern or
resident, registered or licensed practical
nurse, psychologist, social worker,
independent social worker,
social work assistant, professional
clinical counselor, or
professional counselor who knows or has reasonable
cause to
believe that a patient or client
has been the victim of domestic
violence, as defined in section 3113.31 of the
Revised Code, shall
note that knowledge or belief and the basis for it in the
patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient
privilege shall not be a ground for excluding any
information regarding the
report containing the knowledge or
belief noted
under division (F)(1) of
this section,
and the
information may be admitted as evidence in accordance
with
the
Rules of Evidence.
(G)
Divisions (A)
and (D) of this section
do
not require
disclosure of information, when any of the following
applies:
(1) The information is privileged by reason of the
relationship between attorney and client; doctor and
patient;
licensed psychologist or licensed school psychologist
and client;
member of the clergy, rabbi,
minister, or priest and any person
communicating information confidentially to the member of the
clergy, rabbi, minister, or priest for a religious
counseling
purpose
of a professional
character;
husband and wife; or a
communications
assistant and those who are a party to
a
telecommunications relay service call.
(2) The information would tend to incriminate a member of
the
actor's immediate family.
(3) Disclosure of the information would amount to
revealing
a
news source, privileged under section 2739.04 or
2739.12 of the
Revised Code.
(4) Disclosure of the information would amount to
disclosure
by a member of the ordained clergy of an organized religious
body
of a confidential communication made to that member of the clergy
in that member's
capacity as a
member of
the clergy by a person
seeking the aid or counsel of that member
of the clergy.
(5) Disclosure would amount to revealing information
acquired
by the actor in the course of the actor's duties in
connection
with a bona fide program of treatment or services for
drug
dependent persons or persons in danger of drug dependence,
which
program is maintained or conducted by a hospital, clinic,
person,
agency, or organization certified pursuant to section
3793.06 of
the Revised Code.
(6) Disclosure would amount to revealing information
acquired
by the actor in the course of the actor's duties in
connection
with a bona fide program for providing counseling
services to
victims of crimes that are violations of section
2907.02 or
2907.05 of the Revised Code or to victims of felonious
sexual
penetration in
violation of former section 2907.12 of the
Revised
Code. As used in this
division, "counseling services"
include
services provided in an
informal setting by a person who,
by
education or experience, is
competent to provide
those
services.
(H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence.
(I) Whoever violates division (A) or (B) of this section
is
guilty of failure to report a crime. Violation of division
(A)(1)
of
this section is a misdemeanor of the fourth degree.
Violation
of
division (A)(2) or (B) of this section is a misdemeanor of the
second
degree.
(J) Whoever violates division (C) or (D) of this section
is
guilty of failure to report knowledge of a death, a
misdemeanor of
the fourth degree.
(K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (E) of this
section
is guilty of a misdemeanor of the second degree.
Sec. 3313.666. (A) As used in this section, "harassment:
(1) "Electronic act" means an act committed through the use
of a cellular telephone, computer, pager, personal communication
device, or other electronic communication device.
(2) "Harassment, intimidation, or bullying" means any
intentional written, verbal, electronic, 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.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall establish and
annually review 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 a school bus, at
school-sponsored
events, or, if the harassment, intimidation, or
bullying materially or substantially disrupts the educational
environment and discipline of the school, off school property and
expressly providing for the possibility of suspension of a student
found guilty of harassment, intimidation, or bullying by an
electronic act;
(2) A definition of harassment, intimidation, or bullying
that shall include includes 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 or other person from
new or additional
harassment, intimidation, or bullying, and from
retaliation
following a report, including a means by which a
person may report an incident anonymously;
(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 statement prohibiting students from deliberately
making false reports of harassment, intimidation, or bullying and
a disciplinary procedure for any student guilty of deliberately
making a false report of that nature;
(11) 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. The policy and an
explanation of the seriousness of bullying by electronic means
shall be made available to students in the district and to their
parents and guardians. 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) Any school district may form bullying prevention task
forces, programs, and other initiatives involving volunteers,
parents, law enforcement, and community members.
(G) This section does not create a new cause of action or a
substantive legal right for any person.
Sec. 3313.667. (A) Any school district may form bullying
prevention task forces, programs, and other initiatives involving
volunteers, parents, law enforcement, and community members As
used in this section, "school year" means the year beginning on
the first day of July and ending on the thirtieth day of June.
(B) To the extent that state or federal funds are
appropriated for these purposes, each Each school district shall:
(1) Provide training, workshops, or courses each school year
on the district's harassment, intimidation, or bullying policy
adopted pursuant to section 3313.666 of the Revised Code to school
employees and volunteers who have direct contact with students and
complete the training for each school year by the thirty-first day
of December of that school year. Time spent by school employees in
the training, workshops, or courses shall apply towards any state-
or district-mandated continuing education requirements.
(2) Develop a process for educating students about the
policy.
(C) This If a school district fails to conduct for any school
year the annual training required by division (B) of this section
by the thirty-first day of December of that school year, the
district, not later than the thirtieth day of January of the
school year, shall send a notice by ordinary mail to the parents
or guardians of each student enrolled in a school in the district
for which the district has not completed the training. The notice
shall include a statement that the district did not complete the
training required by section 3313.667 of the Revised Code and
shall be clearly distinguishable from other information sent to
parents or guardians.
(D) If a school district fails to comply with both division
(B) and division (C) of this section, a parent or guardian of any
student enrolled in a school in the district may apply to a court
of common pleas having territorial jurisdiction over any portion
of the district for an order compelling the district to comply
with division (B) or (C) of this section or granting other
equitable relief.
(E) Except as provided in division (D) of this section, this
section does not create a new cause of action or a substantive
legal right for any person.
(F) Time spent by school employees in training provided
pursuant to division (B)(1) of this section shall apply towards
any state-mandated or district-mandated continuing education
requirements.
Section 2. That existing sections 2921.22, 3313.666, and
3313.667 of the Revised
Code are hereby repealed.
|
|