130th Ohio General Assembly
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H. B. No. 143  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 143


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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