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Am. Sub. H. B. No. 181 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Stautberg, Roegner, Huffman, Buchy, Becker, Terhar, Henne, Young, Hood, Retherford, Lynch, Blair, Barnes, Damschroder, Hayes, Rosenberger, Smith, Stebelton Speaker Batchelder
A BILL
To amend sections 3314.03, 3319.321, 3326.11, and
3328.24 and to enact sections 3301.942, 3301.943,
3301.944, 3301.945, and 3301.946 of the Revised
Code to prohibit submission of a student's
personal identifiable information to the federal
government without direct authorization of the
local school board, to modify the management and
facilitation of the statewide education data
repository, and to prohibit submission of student
names and addresses to multi-state assessment
consortia without written permission; to amend the
version of section 3326.11 of the Revised Code
that is scheduled to take effect July 1, 2014, to
continue the provisions of this act on or after
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3319.321, 3326.11, and
3328.24 be amended and sections 3301.942, 3301.943, 3301.944,
3301.945, and 3301.946 of the Revised Code be enacted to read as
follows:
Sec. 3301.942. Sections 3301.942 to 3301.946 of the Revised
Code shall be known as the "Student Data Accountability Act."
As used in sections 3301.942 to 3301.946 of the Revised Code:
(A) "Aggregate data" means student data collected or reported
at the group, cohort, or institutional level, as opposed to data
at the individual student level.
(B) "Educational record" means any record, in any form or
medium that is directly related to a student by way of personally
identifiable information and that is maintained at the school
district or school level.
(C) "Parent" means a child's parent, guardian, or custodian.
(D) "Personally identifiable information" includes a
student's name, the name of the student's parent or other family
member, the address of the student or student's family, a personal
identifier, such as the student's social security number or
student number, a list of personal characteristics that would make
the student's identity easily traceable, or other information that
would make the student's identity easily traceable.
(E) "Redacted data" means any student data where personally
identifiable information has been removed or masked.
(F) "Statewide education data repository" means the data
repository established pursuant to section 3301.94 of the Revised
Code.
(G) "Student data" means data collected or reported at the
individual student level and included in a student's educational
record.
Sec. 3301.943. (A) The department of education shall, on or
before the first day of September each year, establish and publish
a data inventory and dictionary or index of data elements with
definitions of individual student data fields in the statewide
education data repository, that shall include the following:
(1) Any individual student data elements required to be
reported by state or federal mandates;
(2) Any individual student data elements proposed for
inclusion in the statewide education data repository, with a
statement regarding the purpose or reason for the proposed
collection;
(3) Any individual student data elements that the state board
of education or department collects or maintains with no current
identified purpose;
(4) Any other student data elements the state board or
department collects for any other purpose, with a statement
regarding the purpose or reason for the collection.
(B) The department shall, on or before the first day of
September each year, develop and publish policies and procedures
to be utilized to maintain compliance with all relevant state and
federal privacy laws and policies, including the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended. Those policies and procedures shall
include a procedure for notifying parents and students of their
privacy rights and shall permit access to student data only to the
following individuals:
(1) The authorized staff of the department and the
contractors working on behalf of the department who require such
access to perform their assigned duties as required by law or as
defined by interagency data-sharing agreements;
(2) District and school administrators, teachers, and school
personnel who require such access to perform their assigned
duties;
(3) Students and their parents;
(4) The authorized staff of other state agencies as required
by law or as defined by interagency data-sharing agreements.
(C) The department shall, not less than sixty days prior to
implementation of any additions or changes to the data fields to
be collected, and in accordance with section 101.68 of the Revised
Code, notify the general assembly of such additions or changes.
(D) Not less than one hundred eighty days after the effective
date of this section, the state board shall adopt rules in
accordance with Chapter 119. of the Revised Code as necessary to
implement sections 3301.942 to 3301.946 of the Revised Code.
Sec. 3301.944. (A) The department of education shall, on or
before the first day of September each year, develop criteria for
the approval of research and data requests from state and local
agencies, the general assembly, researchers working on behalf of
the department, and the public.
(1) Unless otherwise approved by the state board of
education, student data maintained by the department shall remain
confidential.
(2) Unless otherwise approved by the state board, the
department shall use only aggregate data when compiling public
reports and in response to research, data, or records requests.
(3) Unless otherwise approved by the state board, and to the
extent it does not conflict with all relevant state and federal
privacy laws and policies, including the "Family Educational
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as
amended, the department shall not release personally identifiable
information or student data to any federal, state, or local
agency, or other organization, except that release under any of
the following circumstances is permissible:
(a) A student transfers to a primary or secondary school out
of state or a school seeks help with locating an out-of-state
transfer.
(b) A student leaves the state to attend an out-of-state
institution of higher education or training program.
(c) A student voluntarily participates in a program for which
release of student or confidential data is a condition or
requirement of participation.
(d) The department enters into a contract that governs
databases, assessments, special education, or instructional
supports with an out-of-state contractor for the purpose of
state-level reporting.
(e) A student is classified as a "migratory child" for
purposes of the "Elementary and Secondary Education Act of 1965,"
20 U.S.C. 6399(2).
(f) A federal agency is performing a compliance review.
(B) The department shall develop a detailed data security
plan that contains the following:
(1) Guidelines for authorizing access to the student
statewide education data repository and to individual student data
including guidelines for authentication of authorized access;
(2) Privacy compliance standards;
(3) Privacy and security audits;
(4) Breach planning, notification, and procedures;
(5) Data retention and disposition policies;
(6) Data security policies, including electronic, physical,
and administrative safeguards, such as data encryption and
training of employees.
(C) The department shall maintain compliance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, other relevant privacy laws and
policies, and the privacy and security policies and procedures
developed under sections 3301.94 to 3301.946 of the Revised Code.
(D) The department shall ensure that any contracts with
private vendors that govern the vendors' use of databases,
assessments, or instructional supports that include student or
redacted data include express provisions that safeguard privacy
and security and penalties for noncompliance.
(E)(1) The department shall annually provide the following
information to the governor and the general assembly in accordance
with section 101.68 of the Revised Code:
(a) Any new student data elements proposed for inclusion in
the statewide education data repository;
(b) Changes to existing data collections required for any
reason, including those made as a result of changes to federal
reporting requirements;
(c) An explanation of any exceptions granted by the state
board of education in the past year regarding the release of
student or redacted data;
(d) The results of any and all privacy compliance and
security audits completed in the past year. Notifications
regarding privacy compliance and security audits shall not include
information that poses a security threat to the state or local
student information systems or to the secure transmission of data
between state and local systems.
(2) Any collection of student data by the department that
exists prior to the effective date of this section shall not be
considered a proposed data collection. Student data collection
proposed on or after the effective date of this section shall
become a provisional requirement for one school year following its
introduction as a new requirement.
(3) The department shall announce any proposed student data
collection to the general public for a review and comment period
of at least sixty days prior to implementing that collection of
data.
Sec. 3301.945. (A) No public school shall be required by any
state law, any rule of the state board of education, or other
regulation or guideline of the department of education to submit
personally identifiable information of a student to any office,
agency, or department of the federal government.
(B) To the extent that it complies with the federal "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, no public school, without consent, shall
submit personally identifiable information of a student, including
any information that may be required to receive a grant pursuant
to the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, to
any office, agency, or department of the federal government unless
the school's governing board has adopted a resolution approving
submission of the same.
(C) If a school's governing board adopts a resolution
pursuant to division (B) of this section approving submission of
personally identifiable information, that school shall develop and
publish criteria, policies, and procedures for the submission of
that data in compliance with the "Family Educational Rights and
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended,
other relevant privacy laws and policies, and the privacy and
security policies and procedures developed under sections 3301.94
to 3301.946 of the Revised Code.
Sec. 3301.946. Notwithstanding anything in the Revised Code
to the contrary, the department of education, any school district,
any school, or any third party under contract with the state, a
school district, or a school shall not provide student names and
addresses to any multi-state consortium that offers summative
assessments without written permission from the student's parent.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction. The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(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 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.
(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, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3301.945, 3301.946, 3313.472, 3313.50,
3313.536, 3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013,
3313.6014, 3313.6015, 3313.643, 3313.648, 3313.6411, 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, 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 section 3313.801 of the Revised
Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 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.
(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 (H)(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.
Sec. 3319.321. (A) No person shall release, or permit access
to, the directory information concerning any students attending a
public school to any person or group for use in a profit-making
plan or activity. Notwithstanding division (B)(4) of section
149.43 of the Revised Code, a person may require disclosure of the
requestor's identity or the intended use of the directory
information concerning any students attending a public school to
ascertain whether the directory information is for use in a
profit-making plan or activity.
(B) No person shall release, or permit access to, personally
identifiable information other than directory information
concerning any student attending a public school, for purposes
other than those identified in division (C), (E), (G), or (H) of
this section, without the written consent of the parent, guardian,
or custodian of each such student who is less than eighteen years
of age, or without the written consent of each such student who is
eighteen years of age or older.
(1) For purposes of this section, "directory information"
includes a student's name, address, telephone listing, date and
place year of birth, major field of study, participation in
officially recognized activities and sports, weight and height of
members of athletic teams, dates of attendance, date of
graduation, and awards received.
(2)(a) Except as provided in division (B)(2)(b) of this
section, no school district board of education shall impose any
restriction on the presentation of directory information that it
has designated as subject to release in accordance with the
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,
20 U.S.C. 1232q, as amended, to representatives of the armed
forces, business, industry, charitable institutions, other
employers, and institutions of higher education unless such
restriction is uniformly imposed on each of these types of
representatives, except that if a student eighteen years of age or
older or a student's parent, guardian, or custodian has informed
the board that any or all such information should not be released
without such person's prior written consent, the board shall not
release that information without such person's prior written
consent.
(b) The names and addresses of students in grades ten through
twelve shall be released to a recruiting officer for any branch of
the United States armed forces who requests such information,
except that such data shall not be released if the student or
student's parent, guardian, or custodian submits to the board a
written request not to release such data. Any data received by a
recruiting officer shall be used solely for the purpose of
providing information to students regarding military service and
shall not be released to any person other than individuals within
the recruiting services of the armed forces.
(3) Except for directory information and except as provided
in division (E), (G), or (H) of this section, information covered
by this section that is released shall only be transferred to a
third or subsequent party on the condition that such party will
not permit any other party to have access to such information
without written consent of the parent, guardian, or custodian, or
of the student who is eighteen years of age or older.
(4) Except as otherwise provided in this section, any parent
of a student may give the written parental consent required under
this section. Where parents are separated or divorced, the written
parental consent required under this section may be obtained from
either parent, subject to any agreement between such parents or
court order governing the rights of such parents. In the case of a
student whose legal guardian is in an institution, a person
independent of the institution who has no other conflicting
interests in the case shall be appointed by the board of education
of the school district in which the institution is located to give
the written parental consent required under this section.
(5)(a) A parent of a student who is not the student's
residential parent, upon request, shall be permitted access to any
records or information concerning the student under the same terms
and conditions under which access to the records or information is
available to the residential parent of that student, provided that
the access of the parent who is not the residential parent is
subject to any agreement between the parents, to division (F) of
this section, and, to the extent described in division (B)(5)(b)
of this section, is subject to any court order issued pursuant to
section 3109.051 of the Revised Code and any other court order
governing the rights of the parents.
(b) If the residential parent of a student has presented the
keeper of a record or information that is related to the student
with a copy of an order issued under division (H)(1) of section
3109.051 of the Revised Code that limits the terms and conditions
under which the parent who is not the residential parent of the
student is to have access to records and information pertaining to
the student or with a copy of any other court order governing the
rights of the parents that so limits those terms and conditions,
and if the order pertains to the record or information in
question, the keeper of the record or information shall provide
access to the parent who is not the residential parent only to the
extent authorized in the order. If the residential parent has
presented the keeper of the record or information with such an
order, the keeper of the record shall permit the parent who is not
the residential parent to have access to the record or information
only in accordance with the most recent such order that has been
presented to the keeper by the residential parent or the parent
who is not the residential parent.
(6) Each school district board of education shall, prior to
the first day of August of each school year, publish on the school
district web site a list of entities to which directory
information was released during the previous school year.
(C) Nothing in this section shall limit the administrative
use of public school records by a person acting exclusively in the
person's capacity as an employee of a board of education or of the
state or any of its political subdivisions, any court, or the
federal government, and nothing in this section shall prevent the
transfer of a student's record to an educational institution for a
legitimate educational purpose. However, except as provided in
this section, public school records shall not be released or made
available for any other purpose. Fingerprints, photographs, or
records obtained pursuant to section 3313.96 or 3319.322 of the
Revised Code, or pursuant to division (E) of this section, or any
medical, psychological, guidance, counseling, or other information
that is derived from the use of the fingerprints, photographs, or
records, shall not be admissible as evidence against the minor who
is the subject of the fingerprints, photographs, or records in any
proceeding in any court. The provisions of this division regarding
the administrative use of records by an employee of the state or
any of its political subdivisions or of a court or the federal
government shall be applicable only when the use of the
information is required by a state statute adopted before November
19, 1974, or by federal law.
(D) A board of education may require, subject to division (E)
of this section, a person seeking to obtain copies of public
school records to pay the cost of reproduction and, in the case of
data released under division (B)(2)(b) of this section, to pay for
any mailing costs, which payment shall not exceed the actual cost
to the school.
(E) A principal or chief administrative officer of a public
school, or any employee of a public school who is authorized to
handle school records, shall provide access to a student's records
to a law enforcement officer who indicates that the officer is
conducting an investigation and that the student is or may be a
missing child, as defined in section 2901.30 of the Revised Code.
Free copies of information in the student's record shall be
provided, upon request, to the law enforcement officer, if prior
approval is given by the student's parent, guardian, or legal
custodian. Information obtained by the officer shall be used
solely in the investigation of the case. The information may be
used by law enforcement agency personnel in any manner that is
appropriate in solving the case, including, but not limited to,
providing the information to other law enforcement officers and
agencies and to the bureau of criminal identification and
investigation for purposes of computer integration pursuant to
section 2901.30 of the Revised Code.
(F) No person shall release to a parent of a student who is
not the student's residential parent or to any other person, or
permit a parent of a student who is not the student's residential
parent or permit any other person to have access to, any
information about the location of any elementary or secondary
school to which a student has transferred or information that
would enable the parent who is not the student's residential
parent or the other person to determine the location of that
elementary or secondary school, if the elementary or secondary
school to which the student has transferred and that requested the
records of the student under section 3313.672 of the Revised Code
informs the elementary or secondary school from which the
student's records are obtained that the student is under the care
of a shelter for victims of domestic violence, as defined in
section 3113.33 of the Revised Code.
(G) A principal or chief administrative officer of a public
school, or any employee of a public school who is authorized to
handle school records, shall comply with any order issued pursuant
to division (D)(1) of section 2151.14 of the Revised Code, any
request for records that is properly made pursuant to division
(D)(3)(a) of section 2151.14 or division (A) of section 2151.141
of the Revised Code, and any determination that is made by a court
pursuant to division (D)(3)(b) of section 2151.14 or division
(B)(1) of section 2151.141 of the Revised Code.
(H) Notwithstanding any provision of this section, a
principal of a public school, to the extent permitted by the
"Family Educational Rights and Privacy Act of 1974," shall make
the report required in section 3319.45 of the Revised Code that a
pupil committed any violation listed in division (A) of section
3313.662 of the Revised Code on property owned or controlled by,
or at an activity held under the auspices of, the board of
education, regardless of whether the pupil was sixteen years of
age or older. The principal is not required to obtain the consent
of the pupil who is the subject of the report or the consent of
the pupil's parent, guardian, or custodian before making a report
pursuant to section 3319.45 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, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15,
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481,
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614,
3313.615, 3313.643, 3313.648, 3313.6411, 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,
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 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. 3328.24. A college-preparatory boarding school
established under this chapter and its board of trustees shall
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,
3301.0714, 3301.945, 3301.946, 3313.6411, 3319.39, and 3319.391 of
the Revised Code as if the school were a school district and the
school's board of trustees were a district board of education.
Section 2. That existing sections 3314.03, 3319.321,
3326.11, and 3328.24 of the Revised Code are hereby repealed.
Section 3. That the version of section 3326.11 of the Revised
Code that is scheduled to take effect on July 1, 2014, be amended
to read as follows:
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, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15,
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481,
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614,
3313.615, 3313.643, 3313.648, 3313.6411, 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,
3313.801, 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.
Section 4. That the existing version of section 3326.11 of
the Revised Code that is scheduled to take effect on July 1, 2014,
is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect on
July 1, 2014.
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