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S. B. No. 261 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 109.57, 3313.61, 3317.03, 3319.31,
3319.311, and 4117.01 and to enact sections
3328.01 to 3328.04, 3328.11 to 3328.15, 3328.17 to
3328.19, 3328.191, 3328.192, 3328.193, 3328.20 to
3328.26, 3328.31 to 3328.36, 3328.41, 3328.45,
3328.50, and 3328.99 of the Revised Code to permit
the establishment of public college-preparatory
boarding schools for at-risk students to be
operated by private nonprofit entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 3313.61, 3317.03, 3319.31,
3319.311, and 4117.01 be amended and sections 3328.01, 3328.02,
3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15,
3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20,
3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31,
3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45,
3328.50, and 3328.99 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),
(A)(8)(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),
(A)(8)(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
who is not in any other category of child specified in this
division, 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),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(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), (A)(8)(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,
or 3328.20 of the Revised Code, the board of education of any
school district; the director of developmental disabilities; any
county board of developmental disabilities; any entity under
contract with a county board of 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; a private
company described in section 3314.41, 3319.392,
or 3326.25, or
3328.20 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.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(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 and shall comply with
divisions (F)(2)(a) and (c) 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. 3313.61. (A) A diploma shall be granted by the board of
education of any city, exempted village, or local school district
that operates a high school to any person to whom all of the
following apply:
(1) The person has successfully completed the curriculum in
any high school or the individualized education program developed
for the person by any high school pursuant to section 3323.08 of
the Revised Code, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division unless the person
was excused from taking any such assessment pursuant to section
3313.532 of the Revised Code or unless division (H) or (L) of this
section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (E)(2)
of section 3301.0712 of the Revised Code, the person has attained
on the entire assessment system prescribed under division (B)(2)
of section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code, except to the extent that
the person is excused from some portion of that assessment system
pursuant to section 3313.532 of the Revised Code or division (H)
or (L) of this section.
(3) The person is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of
this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, an honors diploma shall be granted, in accordance with
rules of the state board, by any such district board to anyone who
accomplishes all of the following:
(1) Successfully completes the curriculum in any high school
or the individualized education program developed for the person
by any high school pursuant to section 3323.08 of the Revised
Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (E)(2)
of section 3301.0712 of the Revised Code, the person has attained
on the entire assessment system prescribed under division (B)(2)
of section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code.
(3) Has met additional criteria established by the state
board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. Except as provided in
divisions (C), (E), and (J) of this section, no honors diploma
shall be granted to anyone failing to comply with this division
and no more than one honors diploma shall be granted to any
student under this division.
The state board shall adopt rules prescribing the granting of
honors diplomas under this division. These rules may prescribe the
granting of honors diplomas that recognize a student's achievement
as a whole or that recognize a student's achievement in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any case, the rules shall designate
two or more criteria for the granting of each type of honors
diploma the board establishes under this division and the number
of such criteria that must be met for the granting of that type of
diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of
criteria designated for that type and no one or more particular
criteria shall be required of all persons who are to be granted
that type of diploma.
(C) Any district board administering any of the assessments
required by section 3301.0710 of the Revised Code to any person
requesting to take such assessment pursuant to division (B)(8)(b)
of section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments administered and if the person
has previously attained the applicable scores on all the other
assessments required by division (B)(1) of that section or has
been exempted or excused from attaining the applicable score on
any such assessment pursuant to division (H) or (L) of this
section or from taking any such assessment pursuant to section
3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible under
state board of education minimum standards to receive a high
school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or
any political subdivision thereof, shall be granted such diploma
by the correctional institution operating the programs in which
such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to
the inmate's placement in the institution. The diploma granted by
the correctional institution shall be signed by the director of
the institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a diploma
by the correctional institution offering the program in which the
credits were earned. The diploma granted by the correctional
institution shall be signed by the director of the institution and
by the person serving as principal of the institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the assessments required by section
3301.0710 of the Revised Code to inmates of correctional
institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section
3301.0710 of the Revised Code, any social studies end-of-course
examination required under division (B)(2) of that section if such
an exemption is prescribed by rule of the state board under
division (E)(4) of section 3301.0712 of the Revised Code, or the
test in citizenship designated under former division (B) of
section 3301.0710 of the Revised Code as it existed prior to
September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to reside in the United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section
3325.08 or division (D) of section 3328.25 of the Revised Code
that a student has received a diploma under that either section,
the board of education receiving the notice may grant a high
school diploma under this section to the student, except that such
board shall grant the student a diploma if the student meets the
graduation requirements that the student would otherwise have had
to meet to receive a diploma from the district. The diploma
granted under this section shall be of the same type the notice
indicates the student received under section 3325.08 or 3328.25 of
the Revised Code.
(K) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or attained the composite
score designated for the assessments required by division (B)(2)
of that section, shall be awarded a diploma under this section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the assessments prescribed under division (B) of
section 3301.0710 of the Revised Code provided an individualized
education program specifically exempts the student from attaining
such scores. This division does not negate the requirement for
such a student to take all such assessments or alternate
assessments required by division (C)(1) of section 3301.0711 of
the Revised Code for the purpose of assessing student progress as
required by federal law.
Sec. 3317.03. The information certified and verified under
this section shall be used to calculate payments under this
chapter and Chapter 3306. of the Revised Code.
(A) The superintendent of each city, local, and exempted
village school district and of each educational service center
shall, for the schools under the superintendent's supervision,
certify to the state board of education on or before the fifteenth
day of October in each year for the first full school week in
October the average daily membership of students receiving
services from schools under the superintendent's supervision, and
the numbers of other students entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code the
superintendent is required to report under this section, so that
the department of education can calculate the district's formula
ADM. If a school under the superintendent's supervision is closed
for one or more days during that week due to hazardous weather
conditions or other circumstances described in the first paragraph
of division (B) of section 3317.01 of the Revised Code, the
superintendent may apply to the superintendent of public
instruction for a waiver, under which the superintendent of public
instruction may exempt the district superintendent from certifying
the average daily membership for that school for that week and
specify an alternate week for certifying the average daily
membership of that school.
The average daily membership during such week shall consist
of the sum of the following:
(1) On an FTE basis, the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under section 3310.41 of the Revised Code.
(2) On an FTE basis, the number of students entitled to
attend school in the district pursuant to section 3313.64 or
3313.65 of the Revised Code, but receiving educational services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under section 3310.41 of the
Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 of the Revised Code.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code.
(3) The number of students enrolled in a joint vocational
school district or under a vocational education compact, excluding
any students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code who are enrolled in
another school district through an open enrollment policy as
reported under division (A)(2)(d) of this section and then enroll
in a joint vocational school district or under a vocational
education compact;
(4) The number of children with disabilities, other than
preschool children with disabilities, entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are placed by the district with a county DD board, minus
the number of such children placed with a county DD board in
fiscal year 1998. If this calculation produces a negative number,
the number reported under division (A)(4) of this section shall be
zero.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter and Chapter 3306. of the Revised Code, in addition to the
average daily membership, each superintendent shall report
separately the following student counts for the same week for
which average daily membership is certified:
(1) The total average daily membership in regular learning
day classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The number of all preschool children with disabilities
enrolled as of the first day of December in classes in the
district that are eligible for approval under division (B) of
section 3317.05 of the Revised Code and the number of those
classes, which shall be reported not later than the fifteenth day
of December, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category one
disability described in division (D)(1) of section 3306.02 of the
Revised Code;
(6) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category two disabilities
described in division (D)(2) of section 3306.02 of the Revised
Code;
(7) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category three
disabilities described in division (D)(3) of section 3306.02 of
the Revised Code;
(8) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category four
disabilities described in division (D)(4) of section 3306.02 of
the Revised Code;
(9) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category five
disabilities described in division (D)(5) of section 3306.02 of
the Revised Code;
(10) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) and under
division (B)(3)(h) of this section receiving special education
services for category six disabilities described in division
(D)(6) of section 3306.02 of the Revised Code, including children
attending a special education program operated by an alternative
public provider or a registered private provider with a
scholarship awarded under section 3310.41 of the Revised Code;
(11) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school district or by another district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category two
vocational education programs or services, described in division
(B) of section 3317.014 of the Revised Code, operated by the
school district or another school district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
Beginning with fiscal year 2010, vocational education ADM
shall not be used to calculate a district's funding but shall be
reported under divisions (B)(11) and (12) of this section for
statistical purposes.
(13) The average number of children transported by the school
district on board-owned or contractor-owned and -operated buses,
reported in accordance with rules adopted by the department of
education;
(14)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998;
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division
(D)(1) of section 3306.02 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division
(D)(2) of section 3306.02 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division
(D)(3) of section 3306.02 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division
(D)(4) of section 3306.02 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(D)(5) of section 3306.02 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division
(D)(6) of section 3306.02 of the Revised Code.
(C)(1) The average daily membership in divisions (B)(1) to
(12) of this section shall be based upon the number of full-time
equivalent students. The state board of education shall adopt
rules defining full-time equivalent students and for determining
the average daily membership therefrom for the purposes of
divisions (A), (B), and (D) of this section. Each student enrolled
in kindergarten shall be counted as one full-time equivalent
student regardless of whether the student is enrolled in a
part-day or all-day kindergarten class.
(2) A student enrolled in a community school established
under Chapter 3314. or; a science, technology, engineering, and
mathematics school established under Chapter 3326.; or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school
or the; science, technology, engineering, and mathematics school;
or college-preparatory boarding school for purposes of section
3314.08 or, 3326.33, or 3328.34 of the Revised Code.
Notwithstanding the number of students reported pursuant to
division (B)(3)(d), (e), or (j), or (k) of this section, the
department may adjust the formula ADM of a school district to
account for students entitled to attend school in the district
under section 3313.64 or 3313.65 of the Revised Code who are
enrolled in a community school or a; science, technology,
engineering, and mathematics school; or college-preparatory
boarding school for only a portion of the school year.
(3) No child shall be counted as more than a total of one
child in the sum of the average daily memberships of a school
district under division (A), divisions (B)(1) to (12), or division
(D) of this section, except as follows:
(a) A child with a disability described in division (D) of
section 3306.02 of the Revised Code may be counted both in formula
ADM and in category one, two, three, four, five, or six special
education ADM and, if applicable, in category one or two
vocational education ADM. As provided in division (C) of section
3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM
in the same proportion that the child is counted in formula ADM.
(b) A child enrolled in vocational education programs or
classes described in section 3317.014 of the Revised Code may be
counted both in formula ADM and category one or two vocational
education ADM and, if applicable, in category one, two, three,
four, five, or six special education ADM. Such a child shall be
counted in category one or two vocational education ADM in the
same proportion as the percentage of time that the child spends in
the vocational education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall certify to the superintendent of public instruction
on or before the fifteenth day of October in each year for the
first full school week in October the formula ADM, for purposes of
section 3318.42 of the Revised Code and for any other purpose
prescribed by law for which "formula ADM" of the joint vocational
district is a factor. If a school operated by the joint vocational
school district is closed for one or more days during that week
due to hazardous weather conditions or other circumstances
described in the first paragraph of division (B) of section
3317.01 of the Revised Code, the superintendent may apply to the
superintendent of public instruction for a waiver, under which the
superintendent of public instruction may exempt the district
superintendent from certifying the formula ADM for that school for
that week and specify an alternate week for certifying the formula
ADM of that school.
The formula ADM, except as otherwise provided in this
division, shall consist of the average daily membership during
such week, on an FTE basis, of the number of students receiving
any educational services from the district, including students
enrolled in a community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code who are
attending the joint vocational district under an agreement between
the district board of education and the governing authority of the
community school or the governing body of the science, technology,
engineering, and mathematics school and are entitled to attend
school in a city, local, or exempted village school district whose
territory is part of the territory of the joint vocational
district.
The following categories of students shall not be included in
the determination made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) In addition to the formula ADM, each superintendent shall
report separately the average daily membership included in the
report under division (D)(1) of this section for each of the
following categories of students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division
(D)(1) of section 3306.02 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(D)(2) of section 3306.02 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division
(D)(3) of section 3306.02 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division
(D)(4) of section 3306.02 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(D)(5) of section 3306.02 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division
(D)(6) of section 3306.02 of the Revised Code;
(h) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the purpose
of determining average daily membership, the membership figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
membership for each school shall be maintained in such manner that
no pupil shall be counted as in membership prior to the actual
date of entry in the school and also in such manner that where for
any cause a pupil permanently withdraws from the school that pupil
shall not be counted as in membership from and after the date of
such withdrawal. There shall not be included in the membership of
any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in average daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
Except as provided in divisions (B)(2) and (F) of this
section, the average daily membership figure of any local, city,
exempted village, or joint vocational school district shall be
determined by dividing the figure representing the sum of the
number of pupils enrolled during each day the school of attendance
is actually open for instruction during the week for which the
average daily membership is being certified by the total number of
days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those children with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school district shall be determined in accordance with
rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school week in
February is at least three per cent greater than that certified
for the first full school week in the preceding October, the
superintendent of schools of any city, exempted village, or joint
vocational school district or educational service center shall
certify such increase to the superintendent of public instruction.
Such certification shall be submitted no later than the fifteenth
day of February. For the balance of the fiscal year, beginning
with the February payments, the superintendent of public
instruction shall use the increased formula ADM in calculating or
recalculating the amounts to be allocated in accordance with
section 3317.022 or 3317.16 of the Revised Code. In no event shall
the superintendent use an increased membership certified to the
superintendent after the fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number of
classes or units for preschool children with disabilities that are
eligible for approval under division (B) of section 3317.05 of the
Revised Code exceeds the number of units that have been approved
for the year under that division, the superintendent of schools of
any city, exempted village, or cooperative education school
district or educational service center shall make the
certifications required by this section for that day. If the
department determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units, the department
shall approve additional units for the fiscal year on the basis of
such average daily membership. For each unit so approved, the
department shall pay an amount computed in the manner prescribed
in section 3317.052 or 3317.19 and section 3317.053 of the Revised
Code.
(3) If a student attending a community school under Chapter
3314. or; a science, technology, engineering, and mathematics
school established under Chapter 3326.; or a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code is not included in the formula ADM certified for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter and Chapter 3306. of the Revised Code for the
entire fiscal year on the basis of that adjusted formula ADM. This
requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
community school or the; science, technology, engineering, and
mathematics school; or college-preparatory boarding school during
the week for which the formula ADM is being certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter and
Chapter 3306. of the Revised Code for the entire fiscal year on
the basis of that adjusted formula ADM. This requirement applies
regardless of whether the student was enrolled, as defined in
division (E) of this section, in the chartered nonpublic school,
the school district, or a community school during the week for
which the formula ADM is being certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (D)(1) to (6) of section 3306.02
of the Revised Code;
(ii) The average daily membership of all preschool children
with disabilities in classes or programs approved annually by the
department of education for unit funding under section 3317.05 of
the Revised Code.
(b) The superintendent of an institution with vocational
education units approved under division (A) of section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the average
daily membership in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or units approved pursuant to section 3317.05 of the Revised
Code shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the average daily membership in classes under section
3317.20 of the Revised Code for each school district that has
placed children in the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the number of all preschool children with disabilities
enrolled as of the first day of December in classes eligible for
approval under division (B) of section 3317.05 of the Revised
Code, and the number of those classes.
(3)(a) If on the first school day of April the number of
classes or units maintained for preschool children with
disabilities by the county DD board that are eligible for approval
under division (B) of section 3317.05 of the Revised Code is
greater than the number of units approved for the year under that
division, the superintendent shall make the certification required
by this section for that day.
(b) If the department determines that additional classes or
units can be approved for the fiscal year within any limitations
set forth in the acts appropriating moneys for the funding of the
classes and units described in division (G)(3)(a) of this section,
the department shall approve and fund additional units for the
fiscal year on the basis of such average daily membership. For
each unit so approved, the department shall pay an amount computed
in the manner prescribed in sections 3317.052 and 3317.053 of the
Revised Code.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's membership shall not be included in
that district's membership figure used in the calculation of that
district's formula ADM or included in the determination of any
unit approved for the district under section 3317.05 of the
Revised Code. The reporting official shall report separately the
average daily membership of all pupils whose attendance in the
district is unauthorized attendance, and the membership of each
such pupil shall be credited to the school district in which the
pupil is entitled to attend school under division (B) of section
3313.64 or section 3313.65 of the Revised Code as determined by
the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable average daily memberships for all
students in the cooperative education district, also indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(K) If the superintendent of public instruction determines
that a component of the average daily membership certified or
reported by a district superintendent, or other reporting entity,
is not correct, the superintendent of public instruction may order
that the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
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) An offense of violence other than an offense of violence
listed in division (C) of this section;
(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;
(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;
(e) A violation of an ordinance of a municipal corporation
that is substantively comparable to an offense listed in divisions
(B)(2)(a) to (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, 3328.19, 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 September 12, 2008, 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.
(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, 3328.19, 5126.253,
or 5153.176 of the Revised Code. 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. Except as
provided in division (A)(2) of this section, all information
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,
3328.19, 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) 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, 3328.19,
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. or a
college-preparatory boarding school established under Chapter
3328. 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. 3328.01. As used in this chapter:
(A) "Child with a disability," "IEP," and "school district of
residence" have the same meanings as in section 3323.01 of the
Revised Code.
(B) "Eligible student" means a student who is entitled to
attend school in a participating school district; is at risk of
academic failure; is from a family whose income is below two
hundred fifty per cent of the federal poverty guidelines, as
defined in section 5101.46 of the Revised Code; and meets at least
two of the following additional conditions:
(1) The student has a record of repeated in-school
disciplinary actions, suspensions, expulsions, or truancy.
(2) The student has not attained at least a proficient score
on the state achievement assessments in English language arts,
reading, or mathematics prescribed under section 3301.0710 of the
Revised Code, after those assessments have been administered to
the student at least once, or the student has not attained at
least a score designated by the board of trustees of the
college-preparatory boarding school in which the student seeks
enrollment under this chapter on an end-of-course examination in
English language arts or mathematics prescribed under section
3301.0712 of the Revised Code.
(3) The student is a child with a disability.
(4) The student has been referred for academic intervention
services.
(5) The student's parent is a single parent.
(6) The student does not live with the student's custodial
parent.
(7) A member of the student's family has been imprisoned, as
defined in section 1.05 of the Revised Code.
(8) The student meets any additional criteria prescribed by
agreement between the state board of education and the operator of
the college-preparatory boarding school in which the student seeks
enrollment under this chapter.
(C) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(D) "Formula ADM" and "category one through six special
education ADM" have the same meanings as in section 3306.02 of the
Revised Code.
(E) "Operator" means the operator of a college-preparatory
boarding school selected under section 3328.11 of the Revised
Code.
(F) "Participating school district" means either of the
following:
(1) The school district in which a college-preparatory
boarding school established under this chapter is located;
(2) A school district other than one described in division
(F)(1) of this section that, pursuant to procedures adopted by the
state board of education under section 3328.04 of the Revised
Code, agrees to be a participating school district so that
eligible students entitled to attend school in that district may
enroll in a college-preparatory boarding school established under
this chapter.
(G) "State education aid" has the same meaning as in section
3317.02 of the Revised Code.
Sec. 3328.02. Each college-preparatory boarding school
established under this chapter is a public school and is part of
the state's program of education, subject to a charter granted by
the state board of education under section 3301.16 of the Revised
Code.
Sec. 3328.03. In accordance with Section 22 of Article II,
Ohio Constitution, no agreement or contract entered into under
this chapter shall create an obligation of state funds for a
period longer than two years; however, the general assembly, every
two years, may authorize renewal of any such obligation.
Sec. 3328.04. The city, exempted village, or local school
district in which a college-preparatory boarding school
established under this chapter is located is a participating
school district under this chapter. Any other city, exempted
village, or local school district may agree to be a participating
school district. The state board of education shall adopt
procedures for districts to agree to be participating school
districts.
Sec. 3328.11. (A) In accordance with the procedures
prescribed in division (B) of this section, the state board of
education shall select a private nonprofit corporation that meets
the following qualifications to operate each college-preparatory
boarding school established under this chapter:
(1) The corporation has experience operating a school or
program similar to the schools authorized under this chapter.
(2) The school or program described in division (A)(1) of
this section has demonstrated to the satisfaction of the state
board success in improving the academic performance of students.
(3) The corporation has demonstrated to the satisfaction of
the state board the following:
(a) That the corporation has the capacity to finance and
secure private funds for the development of the school authorized
under this chapter;
(b) That, unless the department of education has secured
federal funds to support the school's initial operations, the
corporation will apply for, and is reasonably expected to secure,
federal funds for that purpose.
(B)(1) Not later than sixty days after the effective date of
this section, the state board shall issue a request for proposals
from private nonprofit corporations interested in operating a
college-preparatory boarding school established under this
chapter. If the state board subsequently determines that the
establishment of one or more additional college-preparatory
boarding schools is advisable, the state board shall issue
requests for proposals from private nonprofit corporations
interested in operating those additional schools.
In all cases, the state board shall select the school's
operator from among the qualified responders within one hundred
eighty days after the issuance of the request for proposals. If no
qualified responder submits a proposal, the state board may issue
another request for proposals.
(2) Each proposal submitted to the state board shall contain
the following information:
(a) The proposed location of the college-preparatory boarding
school, which may differ from any location recommended by the
state board in the request for proposals;
(b) A plan for offering grade five or six in the school's
initial year of operation and a plan for increasing the grade
levels offered by the school in subsequent years;
(c) Any other information about the proposed educational
program, facilities, or operations of the school considered
necessary by the state board.
Sec. 3328.12. The state board of education shall enter into
a contract with the operator of each college-preparatory boarding
school established under this chapter. The contract shall
stipulate the following:
(A) The school shall not be established if the operator fails
to secure federal funds to support the school's initial
operations, unless the department of education has secured federal
funds for that purpose.
(B) The school may operate only if and to the extent the
school holds a valid charter granted by the state board, under
section 3301.16 of the Revised Code.
(C) The operator shall finance and oversee the acquisition of
a facility for the school.
(D) The operator shall operate the school in accordance with
the terms of the proposal accepted by the state board under
section 3328.11 of the Revised Code, including the plan for
increasing the grade levels offered by the school.
(E) The school shall comply with the provisions of this
chapter.
(F) The school shall comply with any other provisions of law
specified in the contract, the charter granted by the state board,
and the rules adopted by the state board under section 3328.50 of
the Revised Code.
(G) The school shall comply with the bylaws adopted by the
operator under section 3328.13 of the Revised Code.
(H) The school shall meet the academic goals and other
performance standards specified in the contract.
(I) The state board or the operator may terminate the
contract in accordance with the procedures specified in the
contract, which shall include at least a requirement that the
party seeking termination give prior notice of the intent to
terminate the contract and a requirement that the party receiving
such notice be granted an opportunity to redress any grievances
cited in the notice prior to the termination.
(J) If the school closes for any reason, the school's board
of trustees shall execute the closing in the manner specified in
the contract.
Sec. 3328.13. Each operator of a college-preparatory boarding
school established under this chapter shall adopt bylaws for the
oversight and operation of the school that are consistent with the
provisions of this chapter, the rules adopted under section
3328.50 of the Revised Code, the contract between the operator and
the state board of education, and the charter granted to the
school by the state board. The bylaws shall include procedures for
the appointment of members of the school's board of trustees,
whose terms of office shall be as prescribed in section 3328.15 of
the Revised Code. The bylaws also shall include standards for the
admission of students to the school and their dismissal from the
school. The bylaws shall be subject to the approval of the state
board.
Sec. 3328.14. Each operator of a college-preparatory boarding
school established under this chapter shall adopt a program of
outreach to inform educators, administrators, boards of education,
parents, and students in every city, local, and exempted village
school district about the school and the procedures for admission
to the school and for becoming a participating school district.
Sec. 3328.15. (A) Each college-preparatory boarding school
established under this chapter shall be governed by a board of
trustees consisting of up to twenty-five members. Five of those
members shall be appointed by the governor, with the advice and
consent of the senate. The governor's appointments may be based on
nonbinding recommendations made by the superintendent of public
instruction. The remaining members shall be appointed pursuant to
the bylaws adopted under section 3328.13 of the Revised Code.
(B) The terms of office of the initial members shall be as
follows:
(1) Two members appointed by the governor shall serve for an
initial term of three years.
(2) Two members appointed by the governor shall serve for an
initial term of two years.
(3) One member appointed by the governor shall serve for an
initial term of one year.
(4) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of three years.
(5) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of two years.
(6) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of one year.
(7) Any remaining members appointed pursuant to the bylaws
shall serve for an initial term of one year.
Thereafter the terms of office of all members shall be for
three years.
The beginning date and ending date of terms of office shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
(C) Vacancies on the board shall be filled in the same manner
as the initial appointments. A member appointed to an unexpired
term shall serve for the remainder of that term and may be
reappointed subject to division (D) of this section.
(D) No member may serve for more than three consecutive
three-year terms.
(E) The officers of the board shall be selected by and from
among the members of the board.
(F) Compensation for the members of the board, if any, shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
Sec. 3328.17. Employees of a college-preparatory boarding
school established under this chapter may organize and
collectively bargain pursuant to Chapter 4117. of the Revised
Code. Notwithstanding division (D)(1) of section 4117.06 of the
Revised Code, a unit containing teaching and nonteaching employees
employed under this section may be considered an appropriate unit.
Sec. 3328.18. (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 college-preparatory
boarding school established under this chapter or its 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
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 school, the board of trustees 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 board
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. 3328.19. (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 college-preparatory
boarding school established under this chapter, or the president
or chairperson of the board of trustees 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 a person employed to work 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 board of trustees 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 board 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 board 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 school, the president or chairperson of the
board of trustees 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 board 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. 3328.191. The board of trustees of each
college-preparatory boarding school established under this chapter
shall require that the reports of any investigation by the board
or by the school's 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 school or the
president or chairperson of the board is required to make a report
to the superintendent of public instruction under section 3328.19
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 shall require the reports of the investigation to be moved
from the employee's personnel file to a separate public file.
Sec. 3328.192. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3328.19 and 3328.191 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into on or after the effective
date of this section.
Sec. 3328.193. (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 college-preparatory boarding school
established under this chapter or its operator 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 its 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 college-preparatory boarding school
established under this chapter or its operator 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
3328.19 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. 3328.20. (A) As used in this section:
(1) "Designated official" means the chief administrator of a
college-preparatory boarding school established under this
chapter, or the chief administrator's designee.
(2) "Essential school services" means services provided by a
private company under contract with a college-preparatory boarding
school established under this chapter 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 persons employed
by the school or its operator 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 college-preparatory
boarding school established under this chapter 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 college-preparatory boarding school established under
this chapter 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 college-preparatory boarding school established under
this chapter 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. 3328.21. (A) Any eligible student may apply for
admission to a college-preparatory boarding school established
under this chapter in a grade level offered by the school that is
appropriate for the student and shall be admitted to the school in
that grade level to the extent the student's admission is within
the capacity of the school as established by the school's board of
trustees, subject to division (B) of this section. If more
eligible students apply for admission than the number of students
permitted by the capacity established by the board of trustees,
admission shall be by lot.
(B) In the first year of operation, each school established
under this chapter shall offer only grade five or six and shall
not admit more than eighty students to the school. In each
subsequent year of operation, the school may add additional grade
levels as specified in the contract under section 3328.12 of the
Revised Code, but at no time shall the school's total student
population exceed four hundred students.
Sec. 3328.22. The educational program of a
college-preparatory boarding school established under this chapter
shall include at least all of the following:
(A) A remedial curriculum for students in grades lower than
grade nine;
(B) A college-preparatory curriculum for high school students
that, at a minimum, shall comply with section 3313.603 of the
Revised Code as that section applies to school districts;
(C) Extracurricular activities, including athletic and
cultural activities;
(D) College admission counseling;
(E) Health and mental health services;
(G) Community services opportunities;
(H) A residential student life program.
Sec. 3328.23. (A) A college-preparatory boarding school
established under this chapter and the school's operator shall
comply with Chapter 3323. of the Revised Code as if the school
were a school district. For each child with a disability enrolled
in the school for whom an IEP has been developed, the school and
its operator shall verify in the manner prescribed by the
department of education that the school is providing the services
required under the child's IEP.
(B) The school district in which a child with a disability
enrolled in the college-preparatory boarding school is entitled to
attend school and the child's school district of residence, if
different, are not obligated to provide the student with a free
appropriate public education under Chapter 3323. of the Revised
Code for as long as the child is enrolled in the
college-preparatory boarding school.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter, its operator, and its board of
trustees shall comply with sections 3301.0710, 3301.0711,
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as
if the school and the operator were a school district and the
school's board of trustees were a district board of education.
Sec. 3328.25. (A) The board of trustees of a
college-preparatory boarding school established under this chapter
shall grant a diploma to any student enrolled in the school to
whom all of the following apply:
(1) The student has successfully completed the school's high
school curriculum or the IEP developed for the student by the
school pursuant to section 3323.08 of the Revised Code or has
qualified under division (D) or (F) of section 3313.603 of the
Revised Code, provided that the school shall not require a student
to remain in school for any specific number of semesters or other
terms if the student completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
student has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the student
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed by that division unless division
(L) of section 3313.61 of the Revised Code applies to the student;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student has attained on
the entire assessment system prescribed under division (B)(2) of
section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code, except to the extent that
the student is excused from some portion of that assessment system
pursuant to division (L) of section 3313.61 of the Revised Code.
(3) The student is not eligible to receive an honors diploma
granted under division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided in this division.
(B) In lieu of a diploma granted under division (A) of this
section, the board of trustees shall grant an honors diploma, in
the same manner that boards of education of school districts grant
honors diplomas under division (B) of section 3313.61 of the
Revised Code, to any student enrolled in the school who
accomplishes all of the following:
(1) Successfully completes the school's high school
curriculum or the IEP developed for the student by the school
pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed under that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student has attained on
the entire assessment system prescribed under division (B)(2) of
section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code.
(3) Has met the additional criteria for granting an honors
diploma prescribed by the state board under division (B) of
section 3313.61 of the Revised Code for the granting of honors
diplomas by school districts.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. No honors diploma shall be
granted to anyone failing to comply with this division and not
more than one honors diploma shall be granted to any student under
this division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the presiding officer of the board of trustees.
Each diploma shall bear the date of its issue and be in such form
as the board of trustees prescribes.
(D) Upon granting a diploma to a student under this section,
the presiding officer of the board of trustees shall provide
notice of receipt of the diploma to the board of education of the
city, exempted village, or local school district where the student
is entitled to attend school when not residing at the
college-preparatory boarding school. The notice shall indicate the
type of diploma granted.
Sec. 3328.26. (A) The department of education shall issue an
annual report card for each college-preparatory boarding school
established under this chapter that includes all information
applicable to school buildings under section 3302.03 of the
Revised Code.
(B) For each student enrolled in the school, the department
shall combine data regarding the academic performance of that
student with comparable data from the school district in which the
student is entitled to attend school for the purpose of
calculating the performance of the district as a whole on the
report card issued for the district under section 3302.03 of the
Revised Code.
(C) Each college-preparatory boarding school and its operator
shall comply with sections 3302.04 and 3302.041 of the Revised
Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the school.
Sec. 3328.31. Each college-preparatory boarding school
established under this chapter shall report to the department of
education, in the form and manner prescribed by the department,
the following information:
(A) The total number of students enrolled in the school;
(B) The number of students enrolled in the school who are
receiving special education and related services pursuant to an
IEP;
(C) The city, exempted village, or local school district in
which each student reported under division (A) of this section is
entitled to attend school;
(D) Any additional information the department determines
necessary to make payments to the school under this chapter.
Sec. 3328.32. The city, exempted village, or local school
district in which each child enrolled in a college-preparatory
boarding school established under this chapter is entitled to
attend school shall count that child in the district's average
daily membership and in the district's category one through six
special education ADM, as appropriate, as reported under divisions
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.
The department of education shall count that child in the
district's formula ADM.
Sec. 3328.33. For each child enrolled in a
college-preparatory boarding school, as reported under section
3328.31 of the Revised Code, the department of education shall
deduct from the state education aid and, if necessary, from the
payment under sections 321.24 and 323.156 of the Revised Code, for
the city, exempted village, or local school district in which the
child is entitled to attend school an amount equal to eighty-five
per cent of the operating expenditure per pupil of that district.
As used in this section, a district's "operating expenditure
per pupil" is the total amount of state payments and other
nonfederal revenue spent by the district for operating expenses
during the previous fiscal year, divided by the district's formula
ADM for the previous fiscal year.
Sec. 3328.34. (A) For each child enrolled in a
college-preparatory boarding school, as reported under section
3328.31 of the Revised Code, the department of education shall pay
to the school the sum of the amount deducted from a participating
school district's account for that child under section 3328.33 of
the Revised Code plus the per-pupil boarding amount specified in
division (B) of this section.
(B) For the first fiscal year in which a college-preparatory
boarding school may be established under this chapter, the
"per-pupil boarding amount" is twenty-five thousand dollars. For
each fiscal year thereafter, that amount shall be adjusted by the
rate of inflation, as measured by the consumer price index (all
urban consumers, all items) prepared by the bureau of labor
statistics of the United States department of labor, for the
previous twelve-month period.
(C)(1) Notwithstanding division (A) of this section, if, in
any fiscal year, the operator of a college-preparatory boarding
school receives federal funds for the purpose of supporting the
school's operations, the amount of those federal funds shall be
deducted from the total per-pupil boarding amount for all enrolled
students paid by the department to the school for that fiscal
year. Any portion of the total per-pupil boarding amount for all
enrolled students remaining after the deduction of the federal
funds shall be paid by the department to the school from state
funds appropriated to the department.
(2) Notwithstanding division (A) of this section, if, in any
fiscal year, the department receives federal funds for the purpose
of supporting the operations of a college-preparatory boarding
school, the department shall use those federal funds first to pay
the school the total per-pupil boarding amount for all enrolled
students for that fiscal year. Any portion of the total per-pupil
boarding amount for all enrolled students remaining after the use
of the federal funds shall be paid by the department to the school
from state funds appropriated to the department.
(3) If any federal funds are used for the purpose prescribed
in division (C)(1) or (2) of this section, the department shall
comply with all requirements upon which the acceptance of the
federal funds is conditioned, including any requirements set forth
in the funding application submitted by the operator or the
department and, to the extent sufficient funds are appropriated by
the general assembly, any requirements regarding maintenance of
effort in expenditures.
Sec. 3328.35. To the extent permitted by federal law, the
department of education shall include college-preparatory boarding
schools established under this chapter in its annual allocation of
federal moneys under Title I of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may
apply for any other federal moneys that may be used to support the
operations of college-preparatory boarding schools established
under this chapter.
Sec. 3328.36. A college-preparatory boarding school
established under this chapter shall be considered a school
district and its board of trustees, on behalf of the school's
operator, shall be considered a board of education for the purpose
of applying to any state or federal agency for grants that a
school district or public school may receive under federal or
state law or any appropriations act of the general assembly. The
college-preparatory boarding school and its operator may apply to
any private entity for funds.
Sec. 3328.41. Each participating school district shall
provide transportation on a weekly basis for each student enrolled
in a college-preparatory boarding school established under this
chapter who is entitled to attend school in the district to and
from that college-preparatory boarding school.
Sec. 3328.45. If the state board of education determines
that a college-preparatory boarding school established under this
chapter is not in compliance with any provision of this chapter or
the terms of the contract entered into under section 3328.12 of
the Revised Code, or that the school has failed to meet the
academic goals or performance standards specified in that
contract, the state board may initiate the termination procedures
specified in the contract. No termination shall take effect prior
to the end of a school year. Upon the effective date of a
termination, the school shall close.
(B) If a college-preparatory boarding school is required to
close under division (A) of this section or closes for any other
reason, the school's board of trustees shall execute the closing
as provided in the contract under section 3328.12 of the Revised
Code.
Sec. 3328.50. The state board of education shall adopt rules
in accordance with Chapter 119. of the Revised Code prescribing
procedures necessary for the implementation of this chapter.
Sec. 3328.99. (A) Whoever violates division (F) of section
3328.19 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 3328.19 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
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 3328.193 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division (C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter 3314. of the Revised Code; a college-preparatory
boarding school established under Chapter 3328. of the Revised
Code or its operator; state institution of higher learning; public
or special district; state agency, authority, commission, or
board; or other branch of public employment.
(C) "Public employee" means any person holding a position by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer, except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the Revised Code;
(5) Employees of the state employment relations board,
including those employees of the state employment relations board
utilized by the state personnel board of review in the exercise of
the powers and the performance of the duties and functions of the
state personnel board of review;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to the
attorney general, assistant prosecuting attorneys, and employees
of the clerks of courts who perform a judicial function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational training,
including graduate assistants or associates, residents, interns,
or other students working as part-time public employees less than
fifty per cent of the normal year in the employee's bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the state
employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Participants in a work activity, developmental activity,
or alternative work activity under sections 5107.40 to 5107.69 of
the Revised Code who perform a service for a public employer that
the public employer needs but is not performed by an employee of
the public employer if the participant is not engaged in paid
employment or subsidized employment pursuant to the activity;
(16) Employees included in the career professional service of
the department of transportation under section 5501.20 of the
Revised Code;
(17) Employees of community-based correctional facilities and
district community-based correctional facilities created under
sections 2301.51 to 2301.58 of the Revised Code who are not
subject to a collective bargaining agreement on June 1, 2005;.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that exists
for the purpose, in whole or in part, of dealing with public
employers concerning grievances, labor disputes, wages, hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority, in
the interest of the public employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline
other public employees; to responsibly direct them; to adjust
their grievances; or to effectively recommend such action, if the
exercise of that authority is not of a merely routine or clerical
nature, but requires the use of independent judgment, provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire department,
no person shall be deemed a supervisor except the chief of the
department or those individuals who, in the absence of the chief,
are authorized to exercise the authority and perform the duties of
the chief of the department. Where prior to June 1, 1982, a public
employer pursuant to a judicial decision, rendered in litigation
to which the public employer was a party, has declined to engage
in collective bargaining with members of a police or fire
department on the basis that those members are supervisors, those
members of a police or fire department do not have the rights
specified in this chapter for the purposes of future collective
bargaining. The state employment relations board shall decide all
disputes concerning the application of division (F)(2) of this
section.
(3) With respect to faculty members of a state institution of
higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the Revised
Code shall be designated as a supervisor or a management level
employee unless the teacher is employed under a contract governed
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a license deemed to be for
administrators under state board rules is required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and the
representatives of its employees to negotiate in good faith at
reasonable times and places with respect to wages, hours, terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a collective
bargaining agreement, with the intention of reaching an agreement,
or to resolve questions arising under the agreement. "To bargain
collectively" includes executing a written contract incorporating
the terms of any agreement reached. The obligation to bargain
collectively does not mean that either party is compelled to agree
to a proposal nor does it require the making of a concession.
(H) "Strike" means continuous concerted action in failing to
report to duty; willful absence from one's position; or stoppage
of work in whole from the full, faithful, and proper performance
of the duties of employment, for the purpose of inducing,
influencing, or coercing a change in wages, hours, terms, and
other conditions of employment. "Strike" does not include a
stoppage of work by employees in good faith because of dangerous
or unhealthful working conditions at the place of employment that
are abnormal to the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted action during the term or extended term of a collective
bargaining agreement or during the pendency of the settlement
procedures set forth in section 4117.14 of the Revised Code in
failing to report to duty; willful absence from one's position;
stoppage of work; slowdown, or abstinence in whole or in part from
the full, faithful, and proper performance of the duties of
employment for the purpose of inducing, influencing, or coercing a
change in wages, hours, terms, and other conditions of employment.
"Unauthorized strike" includes any such action, absence, stoppage,
slowdown, or abstinence when done partially or intermittently,
whether during or after the expiration of the term or extended
term of a collective bargaining agreement or during or after the
pendency of the settlement procedures set forth in section 4117.14
of the Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the consistent
exercise of discretion and judgment in its performance and
requiring knowledge of an advanced type in a field of science or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or an
employee who has completed the courses of specialized intellectual
instruction and is performing related work under the supervision
of a professional person to become qualified as a professional
employee.
(K) "Confidential employee" means any employee who works in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is in
the employ of a police department of a municipal corporation as a
full-time regular police officer as the result of an appointment
from a duly established civil service eligibility list or under
section 737.15 or 737.16 of the Revised Code, a full-time deputy
sheriff appointed under section 311.04 of the Revised Code, a
township constable appointed under section 509.01 of the Revised
Code, or a member of a township police district police department
appointed under section 505.49 of the Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil service eligibility list or under section
505.38, 709.012, or 737.22 of the Revised Code.
(Q) "Day" means calendar day.
Section 2. That existing sections 109.57, 3313.61, 3317.03,
3319.31, 3319.311, and 4117.01 of the Revised Code are hereby
repealed.
Section 3. Sections 109.57 and 3317.03 of the Revised Code
are presented in this act as composites of the sections as amended
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General
Assembly. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous
operation, finds that the composites are the resulting versions of
the sections in effect prior to the effective date of the sections
as presented in this act.
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