As Introduced

136th General Assembly

Regular Session H. B. No. 561

2025-2026

To amend sections 3301.16, 3301.53, 3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019 and to enact section 3301.532 of the Revised Code to revise the law governing childhood immunizations and exemptions and to name this act the Parental Clarity on Health Options and Information on Conscientious Exemptions "C.H.O.I.C.E." Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3301.16, 3301.53, 3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019 be amended and section 3301.532 of the Revised Code be enacted to read as follows:

Sec. 3301.16. Pursuant to standards prescribed by the director of education and workforce as provided in division (D) of section 3301.07 of the Revised Code, the director shall classify and charter school districts and individual schools within each district except that no charter shall be granted to a nonpublic school unless the school complies with divisions (K)(1) and (L) of section 3301.0711 of the Revised Code, as applicable, divisions (B)(4) and (5) and (F) of section 3313.671 of the Revised Code, and sections 3301.164 and 3313.612 of the Revised Code.

In the course of considering the charter of a new school district created under section 3311.26 or 3311.38 of the Revised Code, the director shall require the party proposing creation of the district to submit to the board a map, certified by the county auditor of the county in which the proposed new district is located, showing the boundaries of the proposed new district. In the case of a proposed new district located in more than one county, the map shall be certified by the county auditor of each county in which the proposed district is located.

The director shall revoke the charter of any school district or school which fails to meet the standards for elementary and high schools as prescribed by the director. The director shall also revoke the charter of any nonpublic school that does not comply with divisions (K)(1) and (L) of section 3301.0711 of the Revised Code, if applicable, divisions (B)(4) and (5) and (F) of section 3313.671 of the Revised Code, and sections 3301.164 and 3313.612 of the Revised Code.

In the issuance and revocation of school district or school charters, the director shall be governed by the provisions of Chapter 119. of the Revised Code.

No school district, or individual school operated by a school district, shall operate without a charter issued under this section.

In case a school district charter is revoked pursuant to this section, the state board of education may dissolve the school district and transfer its territory to one or more adjacent districts. An equitable division of the funds, property, and indebtedness of the school district shall be made by the state board among the receiving districts. The board of education of a receiving district shall accept such territory pursuant to the order of the state board. Prior to dissolving the school district, the state board shall notify the appropriate educational service center governing board and all adjacent school district boards of education of its intention to do so. Boards so notified may make recommendations to the state board regarding the proposed dissolution and subsequent transfer of territory. Except as provided in section 3301.161 of the Revised Code, the transfer ordered by the state board shall become effective on the date specified by the state board, but the date shall be at least thirty days following the date of issuance of the order.

A high school is one of higher grade than an elementary school, in which instruction and training are given in accordance with sections 3301.07 and 3313.60 of the Revised Code and which also offers other subjects of study more advanced than those taught in the elementary schools and such other subjects as may be approved by the director.

An elementary school is one in which instruction and training are given in accordance with sections 3301.07 and 3313.60 of the Revised Code and which offers such other subjects as may be approved by the director. In districts wherein a junior high school is maintained, the elementary schools in that district may be considered to include only the work of the first six school years inclusive, plus the kindergarten year.

Sec. 3301.53. (A) The department of children and youth shall formulate and prescribe by rule adopted under Chapter 119. of the Revised Code minimum standards to be applied to preschool programs operated by school district boards of education, county boards of developmental disabilities, community schools, or eligible nonpublic schools. The rules shall include the following:

(1) Standards ensuring that the preschool program is located in a safe and convenient facility that accommodates the enrollment of the program, is of the quality to support the growth and development of the children according to the program objectives, and meets the requirements of section 3301.55 of the Revised Code;

(2) Standards ensuring that supervision, discipline, and programs will be administered according to established objectives and procedures;

(3) Standards ensuring that preschool staff members and nonteaching employees are recruited, employed, assigned, evaluated, and provided in-service education without discrimination on the basis of age, color, national origin, race, or sex; and that preschool staff members and nonteaching employees are assigned responsibilities in accordance with written position descriptions commensurate with their training and experience;

(4) A requirement that boards of education intending to establish a preschool program demonstrate a need for a preschool program prior to establishing the program;

(5) ~~Requirements~~ Subject to section 3301.532 of the Revised Code, requirements that children participating in preschool programs have been immunized to the extent considered appropriate by the director of children and youth to prevent the spread of communicable disease;

(6) Requirements that the parents of preschool children complete the emergency medical authorization form specified in section 3313.712 of the Revised Code;

(7) The department of education and workforce's rules or standards for providing special education and related services for children with disabilities under section 3323.02 of the Revised Code incorporated by reference, as appropriate.

(B) The department of children and youth shall ensure that the rules adopted under sections 3301.52 to 3301.58 of the Revised Code are consistent with and meet or exceed the requirements of Chapter 5104. of the Revised Code with regard to child care centers that serve preschool children. The department shall review all such rules at least once every five years.

(C) The department shall adopt rules for school child programs that are consistent with and meet or exceed the requirements of the rules adopted for child care centers that serve school-age children under Chapter 5104. of the Revised Code.

Sec. 3301.532. If the department of children and youth prescribes by rule as described in section 3301.53 of the Revised Code requirements that children participating in preschool programs operated by school district boards of education, county boards of developmental disabilities, community schools, or eligible nonpublic schools be immunized to the extent considered appropriate by the director of children and youth to prevent the spread of communicable disease, all of the following apply:

(A) Each preschool program shall honor exemptions for all of the following reasons:

(1) Immunization against the disease is medically contraindicated for the child.

(2) Immunization against the disease is not medically appropriate for the child's age.

(3) The child's parent or guardian has declined to have the child immunized against the disease for reasons of conscience, including religious convictions.

(B) When a preschool program notifies a parent or guardian in any writing or other communication, which includes social media, electronic mail, newsletter, flyer, or video, of immunization requirements specified in department rule, the preschool program also shall notify the parent or guardian of the exemptions from immunization described in division (A) of this section. The preschool program shall provide notice of exemptions in the same manner that the program provides notice of requirements. The notice shall describe each exemption and include both the text of division (A) of this section and its statutory citation.

(C) If a preschool program maintains a web site that is available to parents and guardians and the web site addresses immunization requirements specified in department rule, the preschool program shall clearly display on the web site a statement indicating that a child enrolled in the preschool program is not required to be immunized if any of the exemptions described in division (A) of this section apply. Such a statement shall describe each exemption and include both the text of division (A) of this section and its statutory citation.

(D)(1) An individual who believes that a preschool program has failed to comply with division (A), (B), or (C) of this section may file a complaint with the director of children and youth. The department shall establish a process under which an individual may submit a complaint under division (D)(1) of this section.

(2) Not later than fourteen days after receiving such a complaint, the director shall review and investigate the complaint, determine whether the preschool program has failed to comply with division (A), (B), or (C) of this section, and notify the program of the director's determination.

(3) If the director determines that a preschool program has failed to comply with division (A), (B), or (C) of this section, the director shall order the program to become compliant within thirty days. If the preschool program fails to comply with the director's order within those thirty days, the director shall suspend the program's license until the director determines that the program is compliant.

Sec. 3313.671. (A)(1) Except as otherwise provided in division (B) of this section, no pupil, at the time of initial entry or at the beginning of each school year, to an elementary or high school for which the director of education and workforce prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission, that the pupil has been immunized by a method of immunization approved by the department of health pursuant to section 3701.13 of the Revised Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella or is in the process of being immunized.

(2) Except as provided in division (B) of this section, no pupil who begins kindergarten at an elementary school subject to the director's minimum standards shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission that the pupil has been immunized by a department of health-approved method of immunization or is in the process of being immunized against both of the following:

(a) During or after the school year beginning in 1999, hepatitis B;

(b) During or after the school year beginning in 2006, chicken pox.

(3) Except as provided in division (B) of this section, during and after the school year beginning in 2016, no pupil who is the age or older than the age at which immunization against meningococcal disease is recommended by the state department of health shall be permitted to remain in a school subject to the director's minimum standards for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission that the pupil has been immunized by a department of health-approved method of immunization, or is in the process of being immunized, against meningococcal disease.

(4) As used in divisions (A)(1), (2), and (3) of this section, "in the process of being immunized" means the pupil has been immunized against mumps, rubeola, rubella, and chicken pox, and if the pupil has not been immunized against poliomyelitis, diphtheria, pertussis, tetanus, hepatitis B, and meningococcal disease, the pupil has received at least the first dose of the immunization sequence, and presents written evidence to the pupil's building principal or chief administrative officer of each subsequent dose required to obtain immunization at the intervals prescribed by the director of health. Any student previously admitted under the "in process of being immunized" provision and who has not complied with the immunization intervals prescribed by the director of health shall be excluded from school on the fifteenth day of the following school year. Any student so excluded shall be readmitted upon showing evidence to the student's building principal or chief administrative officer of progress on the director of health's interval schedule.

(B)(1) A pupil who has had natural rubeola, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against rubeola.

(2) A pupil who has had natural mumps, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against mumps.

(3) A pupil who has had natural chicken pox, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against chicken pox.

(4) A pupil who presents a written statement of the pupil's parent or guardian in which the parent or guardian declines to have the pupil immunized for reasons of conscience, including religious convictions, is not required to be immunized. The board of education or governing body of each school subject to this section shall not require additional information beyond the written statement required under this division and shall not require an official exemption form.

(5) A child whose physician certifies in writing that such immunization against any disease is medically contraindicated is not required to be immunized against that disease.

(C) As used in this division, "~~chicken pox~~ epidemic" means the occurrence of cases of chicken pox, measles, mumps, or rubella in numbers greater than expected in the school's population or for a particular period of time.

If the director of the department of health notifies the school's principal or chief administrative officer that an epidemic exists in the school's population, a school may notify each pupil's parent or guardian.

Notwithstanding division (B) of this section, a school may deny admission to a pupil otherwise exempted from the chicken pox immunization requirement if the director of the state department of health notifies the school's principal or chief administrative officer that a chicken pox epidemic exists in the school's population who has contracted chicken pox, measles, mumps, or rubella. The denial of admission shall cease when the ~~director notifies the principal or officer that the epidemic~~pupil is no longer ~~exists~~contagious. A school shall not deny admission to an uninfected pupil, including a pupil who is otherwise exempted from the immunization requirements under division (B)(4) or (5) of this section.

The board of education or governing body of each school subject to this section shall adopt a policy that prescribes methods whereby the academic standing of a pupil who is denied admission during ~~a chicken pox~~ an epidemic may be preserved.

When a board of education or governing body of a school subject to this section notifies parents or guardians that an epidemic exists in the school's population, it shall include in the notice the citation to this section of the Revised Code and include the policy adopted by the board or governing body that prescribes methods whereby the academic standing of a pupil who is denied admission during an epidemic may be preserved.

(D) Boards of health, legislative authorities of municipal corporations, and boards of township trustees on application of the board of education of the district or proper authority of any school affected by this section, shall provide at the public expense, without delay, the means of immunization against mumps, poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B to pupils who are not so provided by their parents or guardians.

(E) The department of health shall specify the age at which immunization against meningococcal disease, as required by division (A)(3) of this section, is recommended, and approve a method of immunization against meningococcal disease.

(F) The board of education or governing body of each school subject to this section shall do both of the following:

(1) When a board or governing body notifies a pupil or the pupil's parent or guardian of the immunization requirements described in this section, which includes notification through social media, electronic mail, newsletter, flyer, or video, notify the pupil or the pupil's parent or guardian of the exemptions from immunization described under divisions (B)(4) and (5) of this section. The board or governing body shall provide notice of the exemptions and the citation to this section of the Revised Code in the same manner as it provides notice of the immunization requirements.

(2) Clearly display on its web site the exemptions from immunization described under divisions (B)(4) and (5) of this section wherever immunization requirements are listed. Each board or governing body shall include the full text of the law under those divisions and the legal citation on its web site.

(G) An individual who believes that a board of education or governing body of a school subject to this section has failed to comply with division (B)(4) or (5) or division (F) of this section may submit a complaint to the department of education and workforce.

(H)(1) The department shall establish a process under which an individual may submit a complaint under division (G) of this section. Not later than fourteen days after a complaint is submitted, the department shall review and investigate the complaint, determine whether a board of education or governing body of a school subject to this section has failed to comply with division (B)(4) or (5) or division (F) of this section, and notify the board of education or governing body of the department's determination.

(2) If the department determines that a board of education or governing body of a school subject to this section has failed to comply with division (B)(4) or (5) or (F) of this section, the department shall order the board or governing authority to become compliant not later than thirty days after receiving the department's notification. If a board or governing body of a school that holds a charter under section 3301.16 of the Revised Code fails to become compliant within those thirty days, the department shall revoke the board's or governing body's charter pursuant to that section and shall not restore its charter until the department determines the board or governing body is compliant.

Sec. 5104.014. (A) As used in this section:

(1) "Child" includes both of the following:

(a) An infant, toddler, or preschool age child;

(b) A school-age child who is not enrolled in a public or nonpublic school but is enrolled in a child care center, type A family child care home, or licensed type B family child care home or receives child care from a certified in-home aide.

(2) "In the process of being immunized" means having received at least the first dose of an immunization sequence and complying with the immunization intervals or catch-up schedule prescribed by the director of health.

(B) Except as provided in division (C) of this section, not later than thirty days after enrollment in a child care center, type A family child care home, or licensed type B family child care home and every thirteen months thereafter while enrolled in the center or home and not later than thirty days after beginning to receive child care from a certified in-home aide and every thirteen months thereafter while continuing to receive child care from the aide, each child's caretaker parent shall provide to the center, home, or in-home aide a medical statement, as described in division (D) of this section, indicating that the child has been immunized against or is in the process of being immunized against all of the following diseases:

(1) Chicken pox;

(2) Diphtheria;

(3) Haemophilus influenzae type b;

(4) Hepatitis A;

~~(5) Hepatitis B;~~

~~(6)~~ (5) Influenza;

~~(7)~~(6) Measles;

~~(8)~~(7) Mumps;

~~(9)~~(8) Pertussis;

~~(10)~~(9) Pneumococcal disease;

~~(11)~~(10) Poliomyelitis;

~~(12)~~(11) Rotavirus;

~~(13)~~(12) Rubella;

~~(14)~~(13) Tetanus.

(C)(1) A child is not required to be immunized against a disease specified in division (B) of this section if the child's medical statement indicates that any of the following is the case:

(a) Immunization against the disease is medically contraindicated for the child;

(b) The child's parent or guardian has declined to have the child immunized against the disease for reasons of conscience, including religious convictions;

(2) In the case of influenza, a child is not required to be immunized against the disease if the seasonal vaccine is not available.

(D)(1) The medical statement shall include all of the following information:

(a) The dates that a child received immunizations against each of the diseases specified in division (B) of this section;

(b) Whether a child is subject to any of the ~~exceptions~~ exemptions specified in division (C) of this section.

(2) The medical statement shall include a component where a parent or guardian may indicate that the parent or guardian has declined to have the child immunized.

(E) When a parent or guardian declines immunization for a child under this section, a child care center, type A family child care home, licensed type B family child care home, or certified in-home aide shall not require the child's caretaker parent to provide to the center, home, or in-home aide any other information beyond the medical statement.

(F) When a child care center, type A family child care home, licensed type B family child care home, or certified in-home aide notifies a caretaker parent of the immunization requirements described in division (B) of this section in any writing or other communication, which includes social media, electronic mail, newsletter, flyer, or video, the center, home, or in-home aide also shall notify the caretaker parent of the exemptions from immunization described in division (C) of this section. The center, home, or in-home aide shall provide notice of the exemptions in the same manner that the center, home, or in-home aide provides notice of the requirements. The notice shall describe the exemptions and include both the text of division (C) of this section and its statutory citation.

(G) If a child care center, type A family child care home, licensed type B family child care home, or in-home aide maintains a web site that is available to caretaker parents and addresses the immunization requirements of division (B) of this section, the center, home, or in-home aide shall clearly display on the web site a statement indicating that a child enrolled in the center or home or receiving care from an in-home aide is not required to be immunized against a disease specified in division (B) of this section if any of the exemptions described in divisions (C)(1) and (2) of this section apply. Such a statement shall describe each exemption and include both the text of division (C) of this section and its statutory citation.

(H)(1) An individual who believes that a child care center, type A family child care home, licensed type B family child care home, or certified in-home aide has failed to comply with division (C), (E), or (F) of this section may file a complaint with the director of children and youth or, in the case of an in-home aide, with the county department of job and family services. The department and county department shall each establish a process under which an individual may submit a complaint under division (H)(1) of this section.

(2) Not later than fourteen days after receiving such a complaint, the director or county department shall review and investigate the complaint, determine whether the center, home, or in-home aide has failed to comply with division (C), (E), or (F) of this section, and notify the center, home, or in-home aide of the director or county department's determination.

(3) If the director or county department determines that a center, home, or in-home aide has failed to comply with division (C), (E), or (F) of this section, the director or county department shall order the center, home, or in-home aide to become compliant within thirty days. If the center, home, or in-home aide fails to comply with the director's or county department's order within those thirty days, the director or county department shall suspend the center's or home's license or in-home aide's certificate until the director or county department determines that the center, home, or in-home aide is compliant.

Sec. 5104.015. The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code governing the operation of child care centers, including parent cooperative centers, part-time centers, and drop-in centers. The rules shall reflect the various forms of child care and the needs of children receiving child care or publicly funded child care and shall include specific rules for school-age child care centers that are developed in consultation with the department of education and workforce. The rules shall include the following:

(A) Submission of a site plan and descriptive plan of operation to demonstrate how the center proposes to meet the requirements of this chapter and rules adopted pursuant to this chapter for the initial license application;

(B) Standards for ensuring that the physical surroundings of the center are safe and sanitary including the physical environment, the physical plant, and the equipment of the center;

(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the center;

(D) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible. As used in this division, "program" does not include instruction in religious or moral doctrines, beliefs, or values that is conducted at child care centers owned and operated by churches and does include methods of disciplining children at child care centers.

(E) Admissions policies and procedures;

(F) Health care policies and procedures, including procedures for the isolation of children with communicable diseases;

(G) First aid and emergency procedures;

(H) Procedures for discipline and supervision of children;

(I) Standards for the provision of nutritious meals and snacks;

(J) Procedures for screening children that may include any necessary physical examinations and shall include immunizations, exemptions from immunizations, and notifications in accordance with section 5104.014 of the Revised Code;

(K) Procedures for screening employees that may include any necessary physical examinations and immunizations;

(L) Methods for encouraging parental participation in the center and methods for ensuring that the rights of children, parents, and employees are protected and that responsibilities of parents and employees are met;

(M) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the center while under the care of a center employee;

(N) Procedures for record keeping, organization, and administration;

(O) Procedures for issuing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;

(P) Inspection procedures;

(Q) Procedures and standards for setting initial license application fees;

(R) Procedures for receiving, recording, and responding to complaints about centers;

(S) Procedures for enforcing section 5104.04 of the Revised Code;

(T) Minimum qualifications for employment as an administrator or child care staff member, which shall not include requiring an administrator or child care staff member to hold or obtain a bachelor's, master's, or doctoral degree;

(U) Requirements for the training of administrators and child care staff members, including training in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention;

(V) Standards providing for the needs of children who have disabilities or who require treatment for health conditions while the child is receiving child care or publicly funded child care in the center;

(W) A procedure for reporting of injuries of children that occur at the center;

(X) Standards for licensing child care centers for children with short-term illnesses and other temporary medical conditions;

(Y) Minimum requirements for instructional time for child care centers rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;

(Z) Any other procedures and standards necessary to carry out the provisions of this chapter regarding child care centers.

Sec. 5104.017. The director of children and youth shall adopt rules pursuant to Chapter 119. of the Revised Code governing the operation of type A family child care homes, including parent cooperative type A homes, part-time type A homes, and drop-in type A homes. The rules shall reflect the various forms of child care and the needs of children receiving child care. The rules shall include the following:

(A) Submission of a site plan and descriptive plan of operation to demonstrate how the type A home proposes to meet the requirements of this chapter and rules adopted pursuant to this chapter for the initial license application;

(B) Standards for ensuring that the physical surroundings of the type A home are safe and sanitary, including the physical environment, the physical plant, and the equipment of the type A home;

(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the type A home;

(E) Admissions policies and procedures;

(F) Health care policies and procedures, including procedures for the isolation of children with communicable diseases;

(G) First aid and emergency procedures;

(H) Procedures for discipline and supervision of children;

(I) Standards for the provision of nutritious meals and snacks;

(J) Procedures for screening children, including any necessary physical examinations and the immunizations, exemptions from immunizations, and notifications required pursuant to section 5104.014 of the Revised Code;

(K) Procedures for screening employees, including any necessary physical examinations and immunizations;

(L) Methods for encouraging parental participation in the type A home and methods for ensuring that the rights of children, parents, and employees are protected and that the responsibilities of parents and employees are met;

(M) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the type A home while under the care of a type A home employee;

(N) Procedures for record keeping, organization, and administration;

(O) Procedures for issuing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;

(P) Inspection procedures;

(Q) Procedures and standards for setting initial license application fees;

(R) Procedures for receiving, recording, and responding to complaints about type A homes;

(S) Procedures for enforcing section 5104.04 of the Revised Code;

(T) A standard requiring the inclusion of a current department of children and youth toll-free telephone number on each type A home license that any person may use to report a suspected violation by the type A home of this chapter or rules adopted pursuant to this chapter;

(U) Requirements for the training of administrators and child care staff members in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention;

(W) Standards for the maximum number of children per child care staff member;

(X) Requirements for the amount of usable indoor floor space for each child;

(Y) Requirements for safe outdoor play space;

(Z) Qualifications and training requirements for administrators and for child care staff members, which shall not include requiring an administrator or child care staff member to hold or obtain a bachelor's, master's, or doctoral degree;

(AA) Procedures for granting a parent who is the residential parent and legal custodian, or a custodian or guardian access to the type A home during its hours of operation;

(BB) Minimum requirements for instructional time for type A homes rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;

(CC) Any other procedures and standards necessary to carry out the provisions of this chapter regarding type A homes.

Sec. 5104.018. The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code governing the licensure of type B family child care homes. The rules shall provide for safeguarding the health, safety, and welfare of children receiving child care or publicly funded child care in a licensed type B family child care home and shall include all of the following:

(A) Requirements for the type B home to notify parents with children in the type B home that the type B home is certified as a foster home under section 5103.03 of the Revised Code;

(B) Standards for ensuring that the type B home and the physical surroundings of the type B home are safe and sanitary, including physical environment, physical plant, and equipment;

(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the home;

(D) Standards for a program of activities, and for play equipment, materials, and supplies to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible;

(E) Admission policies and procedures;

(F) Health care, first aid and emergency procedures;

(G) Procedures for the care of sick children;

(H) Procedures for discipline and supervision of children;

(I) Nutritional standards;

(K) Procedures for screening administrators and employees, including any necessary physical examinations and immunizations;

(L) Methods of encouraging parental participation and ensuring that the rights of children, parents, and administrators are protected and the responsibilities of parents and administrators are met;

(M) Standards for the safe transport of children when under the care of administrators;

(N) Procedures for issuing, denying, or revoking licenses;

(O) Procedures for the inspection of type B homes that require, at a minimum, that each type B home be inspected prior to licensure to ensure that the home is safe and sanitary;

(P) Procedures for record keeping and evaluation;

(Q) Procedures for receiving, recording, and responding to complaints;

(R) Standards providing for the needs of children who have disabilities or who receive treatment for health conditions while the child is receiving child care or publicly funded child care in the type B home;

(S) Requirements for the amount of usable indoor floor space for each child;

(T) Requirements for safe outdoor play space;

(U) Qualification and training requirements for administrators and employees, which shall not include requiring an administrator or employee to hold or obtain a bachelor's, master's, or doctoral degree;

(V) Procedures for granting a parent who is the residential parent and legal custodian, or a custodian or guardian access to the type B home during its hours of operation;

(W) Requirements for the type B home to notify parents with children in the type B home that the type B home is certified as a foster home under section 5103.03 of the Revised Code;

(X) Minimum requirements for instructional time for type B homes rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;

(Y) Any other procedures and standards necessary to carry out the provisions of this chapter regarding licensure of type B homes.

Sec. 5104.019. The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification of in-home aides. The rules shall provide for safeguarding the health, safety, and welfare of children receiving publicly funded child care in their own home and shall include the following:

(A) Standards for ensuring that the child's home and the physical surroundings of the child's home are safe and sanitary, including physical environment, physical plant, and equipment;

(B) Standards for the supervision, care, and discipline of children receiving publicly funded child care in their own home;

(C) Standards for a program of activities, and for play equipment, materials, and supplies to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible;

(D) Health care, first aid, and emergency procedures, procedures for the care of sick children, procedures for discipline and supervision of children, nutritional standards, and procedures for screening children and in-home aides, including any necessary physical examinations and the immunizations, exemptions from immunizations, and notifications required pursuant to section 5104.014 of the Revised Code;

(E) Methods of encouraging parental participation and ensuring that the rights of children, parents, and in-home aides are protected and the responsibilities of parents and in-home aides are met;

(F) Standards for the safe transport of children when under the care of in-home aides;

(G) Procedures for issuing, renewing, denying, refusing to renew, or revoking certificates;

(H) Procedures for inspection of homes of children receiving publicly funded child care in their own homes;

(I) Procedures for record keeping and evaluation;

(J) Procedures for receiving, recording, and responding to complaints;

(K) Qualifications and training requirements for in-home aides;

(L) Standards providing for the needs of children who have disabilities or who receive treatment for health conditions while the child is receiving publicly funded child care in the child's own home;

(M) Any other procedures and standards necessary to carry out the provisions of this chapter regarding certification of in-home aides.

Section 2. That existing sections 3301.16, 3301.53, 3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019 of the Revised Code are hereby repealed.

Section 3. This act shall be known as the Parental Clarity on Health Options and Information on Conscientious Exemptions or Parental "C.H.O.I.C.E." Act.

Section 4. Section 5104.019 of the Revised Code is presented in this act as a composite of the section as amended by H.B. 33 of the 135th General Assembly and H.B. 281 of the 134th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.