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H. B. No. 143 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stinziano, O'Brien
Cosponsors:
Representatives Grossman, Mallory, Milkovich, Fende, Hagan, R., Foley, Clyde, Letson, Yuko, Reece, Combs, Murray, Garland, Antonio, Patmon, Henne
A BILL
To amend sections 3314.03, 3319.303, and 3326.11 and
to enact sections 3313.538, 3314.142, 3326.26,
3707.51, and 3707.52 of the Revised Code with
regard to head injuries and concussions in youth
sports.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3319.303, and 3326.11 be
amended and sections 3313.538, 3314.142, 3326.26, 3707.51, and
3707.52 of the Revised Code be enacted to read as follows:
Sec. 3313.538. (A) No school district board of education or
governing authority of a chartered or nonchartered nonpublic
school shall permit a student to participate in or practice for
interscholastic athletics until the student has submitted, to a
school official designated by the board or governing authority, a
form signed by the student's parent or guardian stating that the
student and the student's parent or guardian have received the
concussion and head injury information sheet required by section
3707.52 of the Revised Code.
(B) No school district board or governing authority of a
chartered or nonchartered nonpublic school shall permit an
individual to coach interscholastic athletics unless the
individual holds a pupil-activity program permit issued under
section 3319.303 of the Revised Code for coaching interscholastic
athletics.
(C) A coach or school official of a school district or
chartered or nonchartered nonpublic school shall remove from
practice or competition a student suspected of having sustained a
concussion or head injury during a practice or game of an
interscholastic sport.
(D) A coach or school official of a school district or
chartered or nonchartered nonpublic school shall not allow a
student removed from practice or competition on suspicion of a
concussion or head injury to return to practice or competition on
the same day the student is removed from practice or competition.
Thereafter, a coach or school official shall not allow the student
to return to practice or competition until both of the following
conditions are satisfied:
(1) The student's condition is assessed by either a physician
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery or an
athletic trainer licensed under Chapter 4755. of the Revised Code.
(2) The student receives written clearance from the physician
or athletic trainer that it is safe for the student to return to
practice and competition.
The physician or athletic trainer may be a volunteer.
(E)(1) A school district, member of a school district board
of education, or school district employee or volunteer is not
liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from any act or omission in
the assessment of a concussion or head injury of a student athlete
and clearance to return to practice or competition granted to that
student by a physician or athletic trainer under division (D) of
this section.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school district, member of a school
district board of education, or school district employee or
volunteer may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
state.
(2) A chartered or nonchartered nonpublic school or any
officer, director, or employee or volunteer of the school is not
liable in damages in a civil action for injury, death, or loss to
person or property allegedly arising from any act or omission in
the assessment of a concussion or head injury of a student athlete
and clearance to return to practice or play granted to that
student by a physician or athletic trainer under division (D) of
this section.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including the following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours per week
pursuant to section 3319.301 of the Revised Code;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.538,
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817,
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,
and 4167. of the Revised Code as if it were a school district and
will comply with section 3301.0714 of the Revised Code in the
manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with sections 3313.674 and 3313.801
of the Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with 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 sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.142. A community school, member of a community
school governing authority, community school employee or
volunteer, community school operator, or employee or volunteer of
a community school operator is not liable in damages in a civil
action for injury, death, or loss to person or property allegedly
arising from any act or omission in the assessment of a concussion
or head injury of a student athlete and clearance to return to
practice or competition granted to that student by a physician or
athletic trainer under division (D) of section 3313.538 of the
Revised Code.
This section does not eliminate, limit, or reduce any other
immunity or defense that a community school, member of a community
school governing authority, community school employee or
volunteer, community school operator, or employee or volunteer of
a community school operator may be entitled to under Chapter 2744.
or any other provision of the Revised Code or under the common law
of this state.
Sec. 3319.303. (A) The state board of education shall adopt
rules establishing standards and requirements for obtaining a
pupil-activity program permit for any individual who does not hold
a valid educator license, certificate, or permit issued by the
state board under section 3319.22, 3319.26, or 3319.27 of the
Revised Code. The permit issued under this section shall be valid
for coaching, supervising, or directing a pupil-activity program
under section 3313.53 of the Revised Code. Subject to the
provisions of section 3319.31 of the Revised Code, a permit issued
under this section shall be valid for three years and shall be
renewable.
(B) The state board shall adopt rules applicable to
individuals who hold valid educator licenses, certificates, or
permits issued by the state board under section 3319.22, 3319.26,
or 3319.27 of the Revised Code setting forth standards to assure
any such individual's competence to direct, supervise, or coach a
pupil-activity program. The rules adopted under this division
shall not be more stringent than the standards set forth in rules
applicable to individuals who do not hold such licenses,
certificates, or permits adopted under division (A) of this
section.
(C) As a condition to issuing or renewing a pupil-activity
program permit to coach interscholastic athletics:
(1) The state board shall require each individual applying
for a first permit on or after the effective date of this
amendment to successfully complete a training program that is
specifically focused on brain trauma and brain injury management.
(2) The state board shall require each individual applying
for a permit renewal on or after that date to present evidence
that the individual has successfully completed, within the
previous three years, a training program linked on the department
of health's web site under section 3707.52 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.538, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32,
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and
4167. of the Revised Code as if it were a school district.
Sec. 3326.26. A STEM school, member of a STEM school
governing body, or STEM school employee or volunteer is not liable
in damages in a civil action for injury, death, or loss to person
or property allegedly arising from any act or omission in the
assessment of a concussion or head injury of a student athlete and
clearance to return to practice or competition granted to that
student by a physician or athletic trainer under division (D) of
section 3313.538 of the Revised Code.
This section does not eliminate, limit, or reduce any other
immunity or defense that a STEM school, member of a STEM school
governing body, or STEM school employee or volunteer may be
entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.
Sec. 3707.51. (A) As used in this section and in section
3707.52 of the Revised Code, "youth sports organization" means a
public or nonpublic entity that organizes an athletic activity in
which the athletes are age nineteen or younger and are required to
pay a fee to participate in the athletic activity or whose cost to
participate is sponsored by a business or nonprofit organization.
(B) No youth sports organization shall permit an individual
to practice for or participate in an athletic activity until the
individual has submitted a form signed by the individual's parent
or guardian stating that the individual and the parent or guardian
have received the concussion and head injury information sheet
required by section 3707.52 of the Revised Code.
(C) No youth sports organization shall permit an individual
to act as a coach unless the individual holds a pupil-activity
program permit issued under section 3319.303 of the Revised Code
for coaching interscholastic athletics or presents evidence that
the individual has successfully completed, within the previous
three years, a training program linked on the department of
health's web site under section 3707.52 of the Revised Code.
(D) A coach or other official of a youth sports organization
shall remove from practice or competition an individual suspected
of having sustained a concussion or head injury during a practice
or game of a sport.
(E) A coach or other official of a youth sports organization
shall not allow an individual removed from practice or competition
on suspicion of a concussion or head injury to return to practice
or competition on the same day the individual is removed from
practice or competition. Thereafter, a coach or other official
shall not allow the individual to return to practice or
competition until both of the following conditions are satisfied:
(1) The individual's condition is assessed by either a
physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery
or an athletic trainer licensed under Chapter 4755. of the Revised
Code.
(2) The individual receives written clearance from the
physician or athletic trainer that it is safe for the individual
to return to practice and competition.
The physician or athletic trainer may be a volunteer.
(F) A youth sports organization or official, employee, or
volunteer of a youth sports organization is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from any act or omission in the assessment of a
concussion or head injury of a participant in the youth sports
organization and clearance to return to practice or competition
granted to that participant by a physician or athletic trainer
under division (E) of this section.
This section does not eliminate, limit, or reduce any other
immunity or defense that a public entity, public official, or
public employee may be entitled to under Chapter 2744. or any
other provision of the Revised Code or under the common law of
this state.
Sec. 3707.52. (A) Not later than ninety days after the
effective date of this section, the department of health shall
create a concussion and head injury information sheet for
participants in interscholastic athletics and youth sports
organizations. The department shall include in the information
sheet pertinent information to inform and educate coaches,
athletes, and the parents or guardians of athletes of the signs
and symptoms of concussion or head injury and the risks of
continuing to engage in the practice or competition of a sport
after sustaining a concussion or head injury. The department
periodically shall review and update the information sheet
accordingly.
The department shall make the information sheet available on
its web site in a format suitable for easy downloading and
printing.
(B) Beginning not later than ninety days after the effective
date of this section, the department shall provide a link on its
web site to one or more free online training programs in
recognizing and evaluating concussions and head injuries for
coaches of schools and youth sports organizations.
Section 2. That existing sections 3314.03, 3319.303, and
3326.11 of the Revised Code are hereby repealed.
Section 3. It is not the intent of this act, by the amendment
of sections 3314.03 and 3326.11 of the Revised Code, to accelerate
the effective date of the amendments of Sub. S.B. 210 of the 128th
General Assembly that add "3313.814, 3313.816, 3313.817," to
division (A)(11)(d) of section 3314.03 and to section 3326.11 of
the Revised Code, effective July 1, 2011.
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