As Introduced
136th General Assembly
Regular Session S. B. No. 311
2025-2026
Senator Brenner
To amend sections 2151.354, 2152.19, 2919.24, 3313.11, 3313.411, 3313.536, 3319.222, 3319.24, 3319.31, 3319.316, 3319.391, and 3327.10; to enact sections 303.216, 519.216, 713.083, 2307.59, 3313.174, 3314.252, and 3319.3110; and to repeal section 3313.85 of the Revised Code regarding the operation of public and chartered nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.354, 2152.19, 2919.24, 3313.11, 3313.411, 3313.536, 3319.222, 3319.24, 3319.31, 3319.316, 3319.391, and 3327.10 be amended and sections 303.216, 519.216, 713.083, 2307.59, 3313.174, 3314.252, and 3319.3110 of the Revised Code be enacted to read as follows:
Sec. 303.216. (A) As used in this section:
"Nonpublic school" means a chartered nonpublic school as defined in section 3310.01 of the Revised Code.
"Public school" means a city, local, exempted village, or joint vocational school district or any other public school as defined in section 3301.0711 of the Revised Code.
(B) Sections 303.01 to 303.25 of the Revised Code do not confer on any county rural zoning commission, board of county commissioners, or board of zoning appeals the authority to prohibit or restrict the location of a public school or a nonpublic school in any district or zone in the county.
(C) A county rural zoning commission, board of county commissioners, or board of zoning appeals shall not deny an application related to land use for the sole reason that the requesting entity is seeking to establish a public school or a nonpublic school.
Sec. 519.216. (A) As used in this section:
"Nonpublic school" means a chartered nonpublic school as defined in section 3310.01 of the Revised Code.
"Public school" means a city, local, exempted village, or joint vocational school district or any other public school as defined in section 3301.0711 of the Revised Code.
(B) Sections 519.01 to 519.25 of the Revised Code do not confer on any township zoning commission, board of township trustees, or board of zoning appeals the authority to prohibit or restrict the location of a public school or a nonpublic school in any district or zone in the township.
(C) A township zoning commission, board of township trustees, or board of zoning appeals shall not deny an application related to land use for the sole reason that the requesting entity is seeking to establish a public school or a nonpublic school.
Sec. 713.083. (A) As used in this section:
"Nonpublic school" means a chartered nonpublic school as defined in section 3310.01 of the Revised Code.
"Public school" means a city, local, exempted village, or joint vocational school district or any other public school as defined in section 3301.0711 of the Revised Code.
(B) A municipal corporation shall not prohibit or restrict the location of a public school or a nonpublic school in any district or zone in the municipal corporation.
(C) A municipal corporation shall not deny an application related to land use for the sole reason that the requesting entity is seeking to establish a public school or a nonpublic school.
Sec. 2151.354. (A) If the child is adjudicated an unruly child, the court may:
(1) Make any of the dispositions authorized under section 2151.353 of the Revised Code;
(2) Place the child on community control under any sanctions, services, and conditions that the court prescribes, as described in division (A)(4) of section 2152.19 of the Revised Code, provided that, if the court imposes a period of community service upon the child, the period of community service shall not exceed one hundred seventy-five hours;
(3) Suspend the driver's license, probationary driver's license, or temporary instruction permit issued to the child for a period of time prescribed by the court and suspend the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(4) Commit the child to the temporary or permanent custody of the court;
(5) Make any further disposition the court finds proper that is consistent with sections 2151.312 and 2151.56 to 2151.59 of the Revised Code;
(6) If, after making a disposition under division (A)(1), (2), or (3) of this section, the court finds upon further hearing that the child is not amenable to treatment or rehabilitation under that disposition, make a disposition otherwise authorized under divisions (A)(1), (4), (5), and (8) of section 2152.19 of the Revised Code that is consistent with sections 2151.312 and 2151.56 to 2151.59 of the Revised Code.
(B) If a child is adjudicated an unruly child for committing any act that, if committed by an adult, would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, or a violation of division (B) of section 2917.11 of the Revised Code, in addition to imposing, in its discretion, any other order of disposition authorized by this section, the court shall do both of the following:
(1) Require the child to participate in a drug abuse or alcohol abuse counseling program;
(2) Suspend the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a period of time prescribed by the court. The court, in its discretion, may terminate the suspension if the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program as described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license, and the court shall return the permit or license if it terminates the suspension.
(C)(1) If a child is adjudicated an unruly child for being an habitual truant, in addition to or in lieu of imposing any other order of disposition authorized by this section, the court may do any of the following:
(a) Order the board of education of the child's school district or the governing board of the educational service center in the child's school district to require the child to attend an alternative school if an alternative school has been established pursuant to section 3313.533 of the Revised Code in the school district in which the child is entitled to attend school;
(b) Require the child to participate in any academic program or community service program;
(c) Require the child to participate in a drug abuse or alcohol abuse counseling program;
(d) Require that the child receive appropriate medical or psychological treatment or counseling;
(e) Maintain jurisdiction over the child during the subsequent school year for the purpose of monitoring the child's attendance.
(f) Make any other order that the court finds proper to address the child's habitual truancy, including an order requiring the child to not be absent without legitimate excuse from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in a school year and including an order requiring the child to participate in a truancy prevention mediation program.
(2) If a child is adjudicated an unruly child for being an habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition authorized by this section, all of the following apply:
(a) The court may require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(b) The court may require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program.
(c) The court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication of the child as an unruly or delinquent child for being an habitual truant or for violating a court order regarding the child's prior adjudication as an unruly child for being an habitual truant, may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
(d) Not later than ten days after a child is adjudicated an unruly child for being an habitual truant, the court shall provide notice of that fact to the school district in which the child is entitled to attend school and to the school in which the child was enrolled at the time of the filing of the complaint.
Sec. 2152.19. (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter:
(1) Any order that is authorized by section 2151.353 of the Revised Code for the care and protection of an abused, neglected, or dependent child;
(2) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required, including, but not limited to, a school, camp, or facility operated under section 2151.65 of the Revised Code;
(3) Place the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code, for up to ninety days;
(4) Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:
(a) A period of basic probation supervision in which the child is required to maintain contact with a person appointed to supervise the child in accordance with sanctions imposed by the court;
(b) A period of intensive probation supervision in which the child is required to maintain frequent contact with a person appointed by the court to supervise the child while the child is seeking or maintaining employment and participating in training, education, and treatment programs as the order of disposition;
(c) A period of day reporting in which the child is required each day to report to and leave a center or another approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center;
(d) A period of community service of up to five hundred hours for an act that would be a felony or a misdemeanor of the first degree if committed by an adult, up to two hundred hours for an act that would be a misdemeanor of the second, third, or fourth degree if committed by an adult, or up to thirty hours for an act that would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school diploma, a certificate of high school equivalence, vocational training, or employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or counseling, or a period in an alcohol or drug treatment program with a level of security for the child as determined necessary by the court;
(h) A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic monitoring or continuous alcohol monitoring;
(k) A period of electronic monitoring or continuous alcohol monitoring without house arrest, or house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act.
A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed under this division shall not extend beyond the child's twenty-first birthday. If a court imposes a period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a child under this division, it shall require the child: to remain in the child's home or other specified premises for the entire period of house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court permits the child to leave those premises to go to school or to other specified premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that can determine the child's location at designated times; to report periodically to a person designated by the court; and to enter into a written contract with the court agreeing to comply with all requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the house arrest with electronic monitoring, and agreeing to waive the right to receive credit for any time served on house arrest with electronic monitoring toward the period of any other dispositional order imposed upon the child if the child violates any of the requirements of the dispositional order of house arrest with electronic monitoring. The court also may impose other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit for any time served on house arrest with electronic monitoring or continuous alcohol monitoring or both toward any other dispositional order imposed upon the child for the act for which was imposed the dispositional order of house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(l) A suspension of the driver's license, probationary driver's license, or temporary instruction permit issued to the child for a period of time prescribed by the court, or a suspension of the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the court;
(6) Require the child to not be absent without legitimate excuse from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in a school year;
(7)(a) If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant, do either or both of the following:
(i) Require the child to participate in a truancy prevention mediation program;
(ii)
Make any order of disposition as authorized by this section, except
that the court shall not commit the child to a facility described in
division (A)(2) or (3) of this section unless the court determines
that the child violated a lawful court order made pursuant to
division (C)(1)(e)(C)(1)(f)
of section 2151.354 of the Revised Code or division (A)(6) of this
section.
(b) If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, do either or both of the following:
(i) Require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program;
(ii) Require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(8) Make any further disposition that the court finds proper, except that the child shall not be placed in a state correctional institution, a county, multicounty, or municipal jail or workhouse, or another place in which an adult convicted of a crime, under arrest, or charged with a crime is held.
(B) If a child is adjudicated a delinquent child, in addition to any order of disposition made under division (A) of this section, the court, in the following situations and for the specified periods of time, shall suspend the child's temporary instruction permit, restricted license, probationary driver's license, or nonresident operating privilege, or suspend the child's ability to obtain such a permit:
(1) If the child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code, impose a class four suspension of the child's license, permit, or privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or deny the child the issuance of a license or permit in accordance with division (F)(1) of section 2923.122 of the Revised Code.
(2) If the child is adjudicated a delinquent child for committing an act that if committed by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code, suspend the child's license, permit, or privilege for a period of time prescribed by the court. The court, in its discretion, may terminate the suspension if the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license, and the court shall return the permit or license if it terminates the suspension as described in this division.
(C) The court may establish a victim-offender mediation program in which victims and their offenders meet to discuss the offense and suggest possible restitution. If the court obtains the assent of the victim of the delinquent act committed by the child, the court may require the child to participate in the program.
(D)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.
(2) Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.
(3) A victim impact statement shall be kept confidential and is not a public record. However, the court may furnish copies of the statement to the department of youth services if the delinquent child is committed to the department or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to this section shall be kept confidential and is not a public record. If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the court shall make available to the officer, for use in preparing the report, a copy of any victim impact statement regarding that person. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to this division shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this chapter.
The copy of a victim impact statement that is made available pursuant to this division to an officer preparing a criminal presentence investigation report shall be returned to the court by the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local probation departments and victim assistance programs to develop a standard victim impact statement.
(E)(1) If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition it makes under this section, the court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication with regard to truancy may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
(2) Not later than ten days after a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being an habitual truant, the court shall provide notice of that fact to the school district in which the child is entitled to attend school and to the school in which the child was enrolled at the time of the filing of the complaint.
(F)(1) During the period of a delinquent child's community control granted under this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court that places a delinquent child on community control under this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of community control if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court also shall provide the written notice described in division (E)(2) of this section to each parent, guardian, or custodian of the delinquent child who is described in that division.
(2) The court that places a child on community control under this section shall provide the child's parent, guardian, or other custodian with a written notice that informs them that authorized probation officers may conduct searches pursuant to division (E)(1) of this section. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.
(G) If a juvenile court commits a delinquent child to the custody of any person, organization, or entity pursuant to this section and if the delinquent act for which the child is so committed is a sexually oriented offense or is a child-victim oriented offense, the court in the order of disposition shall do one of the following:
(1) Require that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code;
(2) Inform the person, organization, or entity that it is the preferred course of action in this state that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code and encourage the person, organization, or entity to provide that treatment.
Sec. 2307.59. (A) As used in this section:
(1) "Assigned task" means any task assigned, directed, or otherwise given to a learner by a sponsor or its representatives, the performance on which will be evaluated for credit, including any of the following:
(a) Writing a term paper, thesis, dissertation, essay, or report;
(b) Providing responses to, participating in, or otherwise engaging in an examination;
(c) Preparing any other work product in response to an assignment;
(d) Attending classes or other instructional interactions when the task is assigned, directed, or otherwise given to a learner by a sponsor or its representatives.
(2) "Assignment" means anything in written, electronic, recorded, pictorial, artistic, or any other form issued by a sponsor or its representatives setting forth, conveying, or soliciting learner performance of or on one or more assigned tasks, including materials, whether presented on paper or a computer, setting forth problems for the learner to solve, questions for the learner's response, examination content, scenarios to which the learner is to react, and similar tasks.
(3) "Confidential examination or assignment" means any assignment, including any examination that a sponsor provides to a learner under confidential conditions.
(4) "For credit" means for evaluation by a sponsor or its representatives in connection with issuance of any grade, evaluation, degree, diploma, certification, certificate, credential, examination score, or professional license.
(5) "Organization" means a company, partnership, corporation, institution, association, body, state agency, or other entity.
(6) "Sale" or "sell" means any transfer, exchange, or barter, in any manner, for any consideration or by any agreement.
(7) "Sponsor" means any of the following:
(a) Any state institution of higher education, as defined under section 3345.011 of the Revised Code;
(b) Any organization that owns, sponsors, grants, awards, or otherwise issues professional licenses to individuals or organizations bearing the organization's name or trademark and signifying completion of a set of requirements associated with that license;
(c) Any organization that owns, sponsors, grants, awards, or otherwise issues credentials or certifications bearing the organization's name or trademark to individuals or organizations in this state and signifying completion of a set of requirements associated with that credential or certification;
(d) Any organization that owns, sponsors, administers, or otherwise delivers examinations bearing the organization's name or trademark to individuals or organizations in this state.
(8) "Learner" means an individual whose performance on one or more assigned tasks will be evaluated for credit and includes, but is not limited to, students, candidates for professional certification and licensure, test takers, examinees, and workforce skills trainees.
(9) "Work product" means anything in written, electronic, recorded, pictorial, artistic, or any other form that is submitted to a sponsor showing full or partial completion of an assigned task, including a term paper, thesis, dissertation, essay, report, and response to an examination.
(B) No organization or individual shall, for a fee or other compensation, engage in any of the following activities:
(1) Prepare, advertise to prepare, offer to prepare, or cause to be prepared, any work product for or on behalf of a learner;
(2) Sell, advertise to sell, offer to sell, or cause to be sold any work product to a learner;
(3) Complete or otherwise perform an assigned task for or on behalf of a learner, whether in whole or in part, with the knowledge, or under circumstances in which the organization or individual should reasonably have known that the work product or the completion of the assigned task will be submitted by or on behalf of the learner as the learner's own work for credit.
(C) No organization or individual shall sell or advertise for sale a confidential examination, a portion thereof, or detailed description of its contents, when the organization or individual reasonably should know that the sale or advertisement is a violation of a provision of this section.
(D) An organization or individual shall not issue a disclaimer or draft contractual language attempting to exempt the organization or individual from any provision of this section, including the following statements:
(1) That the learner will not use any work product in completing all or part of the assigned tasks;
(2) That the learner has not been required to complete the assigned tasks personally;
(3) That provision of the work product or completion of the assigned tasks has been approved by the sponsor.
(E) Nothing contained in this section shall prevent any individual or organization from providing tutorial assistance, research material, information, or other assistance to learners, provided that it is expressly permitted by the sponsor and the individual or organization providing assistance has reasonable belief that the work product will not be represented as the learner's own work.
(F)(1) The attorney general may investigate an alleged violation of this section and may bring in the appropriate court of common pleas of this state a civil action against the alleged violator. In an action brought under this division, an individual or organization that violates any provision of this section shall be subject to a civil penalty of not more than five thousand dollars per violation, to be deposited in the state treasury to the credit of the general revenue fund.
(2) Any sponsor aggrieved by a violation of this section may bring a civil action against the individual or organization who violated this section in any court of competent jurisdiction. In any action brought under this division, the plaintiff may recover all the following for each violation:
(a) Liquidated damages of two thousand five hundred dollars or actual damages, whichever is greater;
(b) Reasonable attorney's fees and costs, including expert witness fees and other litigation expenses;
(c) Injunctive relief and punitive damages;
(d) Other relief as the court determines appropriate.
(3) In any action brought under this section, the court shall preserve the secrecy of an alleged confidential examination or assignment by reasonable means, which may include any of the following:
(a) Granting protective orders in connection with discovery proceedings;
(b) Holding in-camera hearings;
(c) Sealing the records of the action;
(d) Ordering any individual involved in the litigation not to disclose an alleged confidential examination or assignment without prior court approval.
Sec. 2919.24. (A) As used in this section:
(1) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(2) "Unruly child" has the same meaning as in section 2151.022 of the Revised Code.
(B) No person, including a parent, guardian, or other custodian of a child, shall do any of the following:
(1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;
(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;
(3)
Act in a way that contributes to an
adjudication of the child as a delinquent child based on the child's
violation of a court order adjudicating the child an unruly a
child
for
being
an
a
habitual
truant;
(4) If the person is the parent, guardian, or custodian of a child who has the duties under Chapters 2152. and 2950. of the Revised Code to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in section 2919.121 of the Revised Code, fail to ensure that the child complies with those duties under Chapters 2152. and 2950. of the Revised Code.
(C) An adjudication of a child as being unruly or delinquent is unnecessary for a conviction under this section.
(D) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.
Sec. 3313.11. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district.
A vacancy in any school district board of education or governing board of an educational service center may be caused by death, nonresidence, resignation, removal from office, failure of a person elected or appointed to qualify within ten days after the organization of the board or of appointment or election, removal from the district, or absence from meetings of the board for a period of ninety days, if such absence is caused by reasons declared insufficient by a two-thirds vote of the remaining members of the board, which vote must be taken and entered upon the records of the board not less than thirty days after such absence.
If the board members are selected by appointment pursuant to division (B) or (F) of section 3311.71 of the Revised Code, the appointing authority responsible for the appointment shall fill any such vacancy by appointment of an individual to serve the remainder of the unexpired term from a slate of at least three persons proposed by the municipal school district nominating panel established under that section. If the member creating the vacancy resides in a municipal school district but not in the municipal corporation containing the greatest portion of the district's territory, the individuals included on such slate shall also reside in the municipal school district but not in the municipal corporation containing the greatest portion of the district's territory.
If
the board members are selected by election, the board shall fill any
such vacancy at its next regular or special meeting, not earlier than
ten days and
not later than thirty days after
such vacancy occurs. A majority vote of all the remaining members of
the board may fill any such vacancy. Immediately after such a vote,
the treasurer of the board of education
or governing board
shall give written notice to the board of elections responsible for
conducting elections for that school district or
educational service center that
a vacancy has been filled, and the name of the person appointed to
fill the vacancy. Each
If the board of education of any city, exempted village, or local school district or the governing board of any educational service center fails to fill a vacancy in that board within a period of thirty days after the vacancy occurs, the probate court of the county in which the district or service center is located, upon being advised and satisfied of that failure, shall act as that board to fill any vacancy as promptly as possible.
Each person selected by the board or probate court to fill a vacancy shall hold office for the shorter of the following periods: until the completion of the unexpired term, or until the first day of January immediately following the next regular board of education or governing board election taking place more than ninety days after a person is selected by the board or probate court to fill the vacancy. At that election, a special election to fill the vacancy shall be held in accordance with laws controlling regular elections for board of education or governing board members, except that no such special election shall be held if the unexpired term ends on or before the first day of January immediately following that regular board of education or governing board election. The term of a person chosen at a special election under this section shall begin on the first day of January immediately following the election, and the person shall serve for the remainder of the unexpired term. Whenever the need for a special election under this section becomes known, the board of education or governing board shall immediately give written notice of this fact to the board of elections responsible for conducting the regular board of education or governing board election for that school district.
The term of a board of education or governing board member shall not be lengthened by the member's resignation and subsequent selection by the board or probate court under this section.
Sec. 3313.174. A school district or member of a school district board of education is not immune from liability in damages in a civil action if the board of education of the city, exempted village, or local school district or a majority of its members knowingly instructs the superintendent of the district to violate any provision of the Revised Code or common law of this state. This section does not apply to a member of a school district board of education who does not knowingly instruct the district superintendent to violate the Revised Code or common law of this state or who votes against instructing the superintendent to do so.
This section does not eliminate, limit, or reduce any other immunity or defense that a school district or member of a school district board of education may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
Sec. 3313.411. (A) As used in this section:
(1) "College-preparatory boarding school" means a college-preparatory boarding school established under Chapter 3328. of the Revised Code.
(2) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(3) "High-performing community school" has the same meaning as in section 3313.413 of the Revised Code.
(4) "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(5) "Unused school facilities" means either:
(a) Any real property that has been used by a school district for school operations, including, but not limited to, academic instruction or administration, since July 1, 1998, but has not been used in that capacity for one year;
(b)
Any school building that has been used for direct academic
instruction
but
and,
in the two most recent school years, the building's student
enrollment is less
than sixty per cent of either
of the
building was used for that purpose in the preceding school year.
following:
(i) The maximum student enrollment established for the building in its certificate of occupancy;
(ii) The greatest student enrollment of the building in the ten most recent school years, including the current school year.
(B)(1)
Except as provided in section 3313.412 of the Revised Code, on and
after June 30, 2011, any school district board of education shall
offer any unused school facilities it owns in its corporate capacity
for lease or sale to the governing authorities of community schools,
the boards of trustees of any college-preparatory boarding schools,
and
the
governing bodies of any STEM schools, and
the governing authorities of any chartered nonpublic schools, that
are located within the territory of the district. Not later than
sixty days after the district board makes the offer, interested
governing authorities, boards of trustees, and governing bodies shall
notify the district treasurer in writing of the intention to lease or
purchase the property.
The district board shall give priority to the governing authorities of high-performing community schools that are located within the territory of the district.
(2)
At the same time that a district board makes the offer required under
division (B)(1) of this section, the board also may, but shall not be
required to, offer that property for sale or lease to the governing
authorities of community schools with plans, stipulated in their
contracts entered into under section 3314.03 of the Revised Code,
either to relocate their operations to the territory of the district
or to add facilities, as authorized by
division (B)(3) or (4) of under
section
3314.05 of the Revised Code, to be located within the territory of
the district.
(C)(1) If, not later than sixty days after the district board makes the offer, only one governing authority of a high-performing community school offered the property under division (B) of this section notifies the district treasurer in writing of the intention to purchase the property pursuant to that division, the district board shall sell the property to that party for the appraised fair market value of the property for operation as an educational facility as determined in an appraisal of the property that is not more than one year old.
If,
not later than sixty days after the district board makes the offer,
more than one governing authority of a high-performing community
school offered the property under division (B) of this section
notifies the district treasurer in writing of the intention to
purchase the property pursuant to that division, the board shall
conduct a public auction in the manner required for auctions of
district property under division (A) of section 3313.41 of the
Revised Code. Only the
those
governing
authorities of high-performing community schools that notified the
district treasurer of the intention to purchase the property pursuant
to division (B) of this section are eligible to bid at the auction.
The district board is not obligated to accept any bid for the
property that is lower than the appraised fair market value of the
property for
operation as an educational facility, as
determined in an appraisal that is not more than one year old.
(2) If, not later than sixty days after the district board makes the offer, no governing authority of a high-performing community school notifies the district treasurer of its intention to purchase the property pursuant to division (B) of this section, the board shall then proceed to offer the property for sale or lease to the governing authorities of high-performing community schools located outside of the district. If, not later than sixty days after the district board makes the offer, only one governing authority of a high-performing community school offered the property under division (C)(2) of this section notifies the district treasurer in writing of the intention to purchase the property, the district board shall sell the property to that entity for the appraised fair market value of the property for operation as an educational facility, as determined in an appraisal of the property that is not more than one year old.
If, not later than sixty days after the district board makes the offer, more than one governing authority of a high-performing community school offered the property under division (C)(2) of this section notifies the district treasurer in writing of the intention to purchase the property, the district board shall conduct a public auction in the manner required for auctions of district property under division (A) of section 3313.41 of the Revised Code. Only those governing authorities that notified the district treasurer of the intention to purchase the property pursuant to division (C)(2) of this section are eligible to bid at the auction. The district board is not obligated to accept any bid for the property that is lower than the appraised fair market value of the property for operation as an educational facility, as determined in an appraisal that is not more than one year old.
(3)
If, not later than sixty days after the district board makes the
offer, no governing authority of a high-performing community school
notifies the district treasurer of its intention to purchase the
property pursuant to division (C)(2) of this section, the district
board shall then proceed with
the offers from all other start-up community schools,
college-preparatory boarding schools,
and STEM
schools,
and chartered nonpublic schools
made pursuant to that
divisionthis
section.
If
more than one such entity notifies the district treasurer of its
intention to purchase the property pursuant to division (B)(C)(3)
of this section, the board shall conduct a public auction in the
manner required for auctions of district property under division (A)
of section 3313.41 of the Revised Code. Only the entities that
notified the district treasurer pursuant to division (B)(C)(3)
of this section are eligible to bid at the auction.
The district board is not obligated to accept any payment for the
property that is lower than the appraised fair market value of the
property for operation as an educational facility, as determined in
an appraisal that is not more than one year old.
(3)(4)
If more than one governing authority of a high-performing community
school notifies the district treasurer in writing of the intention to
lease the property pursuant to division (B) or
(C) of
this section, the district board shall conduct a lottery to select
from among those governing authorities the one qualified governing
authority to which the district board shall lease the property.
If
no such governing authority of a high-performing community school
notifies the district treasurer of its intention to lease the
property pursuant to division (B) or
(C) of
this section, the board shall then proceed with the offers from all
other start-up community schools, college-preparatory boarding
schools, and
STEM
schools,
and chartered nonpublic schools
made pursuant to that division. If more than one other start-up
community school, college-preparatory boarding school, or
STEM
school,
or chartered nonpublic school
notified the district treasurer of its intention to lease the
property pursuant to division (B) or
(C) of
this section, the district board shall conduct a lottery to select
from among those parties the one qualified party to which the
district board shall lease the property.
(4)(5)
The lease price offered by a district board to a community school,
college-preparatory boarding school, or
STEM
school,
or chartered nonpublic school
under this section shall not be higher than the fair market value for
such a leasehold for
operation as an educational facility, as
determined in an appraisal that is not more than one year old.
(5)(6)
If no qualified party offered the property under division (B) or
(C) of
this section accepts the offer to lease or buy the property within
sixty days after the offer is made, the district board may
shall
offer
the property to
any other entity in accordance with divisions for
sale at a public auction in the manner required for auctions of
district property under division (A)
to
(F) of
section 3313.41 of the Revised Code.
(D)
Notwithstanding division (B) or
(C) of
this section, a school district board may renew any agreement it
originally entered into prior to June 30, 2011, to lease real
property to an entity other than a community school,
college-preparatory boarding school, or
STEM
school,
or chartered nonpublic school.
Nothing in this section shall affect the leasehold arrangements
between the district board and that other entity.
(E)(1)
Except as provided in division (E)(2) of this section, the governing
authority of a community school, board of trustees of a
college-preparatory boarding school, or
governing
body of a STEM school,
or governing authority of a chartered nonpublic school
shall not sell any property purchased under division (B) or
(C) of
this section within five years of purchasing that property.
(2) The governing authority, board of trustees, or governing body may sell a property purchased under division (B) or (C) of this section within five years of the purchase, only if the governing authority, board of trustees, or governing body sells or transfers that property to another entity described in that division.
(F)(1) A school district board of education is not required to offer any unused school facilities it owns in its corporate capacity for lease or sale under this section if either of the following apply:
(a) The facility is less than ten years old.
(b) The facility is located on, or adjacent to, a tract or parcel of land where other school district facilities are located.
(c) The facility is a school building described in division (A)(5)(b) of this section and is the only district building that provides direct academic instruction to one or more grade levels.
(d) The facility is a school building described in division (A)(5)(b) of this section and the building's student enrollment decreased because it was undergoing repairs or renovations that caused a significant portion of the building's instructional space to be unusable.
(e) The facility is a school building that is primarily used to provide career-technical education or has specialized classroom facilities necessary for the district to operate its career-technical education program.
(2) If a school district board of education believes extraordinary circumstances should exempt it from offering an unused facility for lease or sale under this section, the board may appeal the requirement to the director of education and workforce. The director shall approve or deny the appeal within sixty days of receiving the request from the board.
(G)(1) Not later than November 30, 2025, and annually thereafter, each school district shall report to the department of education and workforce, in the manner determined by the department, both of the following:
(a) Any real district property described in division (A)(5)(a) of this section;
(b) The enrollment data specified in division (A)(5)(b) of this section and the current enrollment for each school building operated by the district.
(2) Not later than December 31, 2025, and annually thereafter, the department shall publish on its web site a list of unused school facilities in each school district.
Sec. 3313.536. (A) The superintendent of any school district may afford a student enrolled in another school district the opportunity to participate in ice hockey as an interscholastic athletic activity at a school of the superintendent's district if all of the following conditions apply:
(1) The school district in which the student is enrolled does not offer ice hockey as an interscholastic athletic activity.
(2) The school district in which the student is enrolled is located less than twenty miles away from the superintendent's school district.
(3) The superintendents of both school districts enter into an agreement approving the student's participation in ice hockey at the school district in which the student is not enrolled.
(B) If a student enrolled in the district consents, a school district superintendent may afford that student the opportunity to participate in ice hockey as an interscholastic athletic activity at any school of the district where it is offered.
(C)
A
student shall not be required to enroll in the school district
that offers at
which the student participates in ice
hockey as an interscholastic athletic activity or
under
this section. A student shall not be required to be
a resident of that
a
school district
to participate in ice hockey at the district under division
(A) of this
section.
(C)(D)
To participate in ice hockey under this section, a student shall be
of the appropriate age and grade level for the school at which the
student participates in ice hockey, as determined by the
superintendent of that school district, and shall fulfill and be
subject to the same academic, nonacademic, and financial requirements
as any other participant, including trying out for a position on the
team.
Sec. 3314.252. (A) As used in this section:
(1) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
(2) "State assessment" means statewide achievement and diagnostic assessments prescribed under sections 3301.079, 3301.0710, 3301.0712, and 3301.0715 of the Revised Code.
(B) Any student enrolled in an internet- or computer-based community school shall be permitted to complete any of the state assessments remotely in an online format with a remote proctor if the following conditions are met:
(1) The student takes the assessment using a device in which the student will be monitored by the assessment proctor through video and audio for the duration of the assessment administration.
(2) The assessment proctor actively monitors each student completing a remote assessment and is available to respond to student questions and troubleshoot issues.
(3) The school maintains a ratio of nine to one, or less, for students taking an assessment to an assessment proctor.
(4) Each teacher or school personnel assigned to proctor a remote assessment completes a remote proctoring certification course.
(5) Each teacher, assessment proctor, or other school staff of each participating school understands the technical requirements and is familiar with the remote testing features prior to the remote administration of assessments.
(6) For parents and students, the school does all of the following prior to administering assessments:
(a) Ensures that all testing equipment functions correctly;
(b) Provides training and support, including an opportunity to gain experience with remote testing features;
(c) Communicates test security provisions and procedures.
(C) Each internet- or computer-based community school that offers remotely administered and proctored assessments shall provide students and parents with the option of in-person administering and proctoring.
Sec. 3319.222. (A) Notwithstanding the amendments to and repeal of statutes by H.B. 1 of the 128th general assembly, the state board of education shall accept applications for new, and renewal and upgrade of, temporary, associate, provisional, and professional educator licenses, alternative educator licenses, one-year conditional teaching permits, and school nurse licenses through December 31, 2010, and issue them on the basis of the applications received by that date in accordance with the former statutes in effect immediately prior to amendment or repeal by H.B. 1 of the 128th general assembly.
(B) A permanent teacher's certificate issued under former sections 3319.22 to 3319.31 of the Revised Code prior to October 29, 1996, or under former section 3319.222 of the Revised Code as it existed prior to October 16, 2009, shall be valid for teaching in the subject areas and grades for which the certificate was issued, except as the certificate is limited, suspended, or revoked under section 3319.31 of the Revised Code.
(C) The following certificates, permits, or licenses shall be valid until the certificate, permit, or license expires for teaching in the subject areas and grades for which the certificate, permit, or license was issued, except as the certificate, permit, or license is limited, suspended, or revoked under section 3319.31 of the Revised Code:
(1) Any professional teacher's certificate issued under former section 3319.222 of the Revised Code, as it existed prior to October 16, 2009;
(2) Any temporary, associate, provisional, or professional educator license issued under former section 3319.22 of the Revised Code, as it existed prior to October 16, 2009, or under division (A) of this section;
(3) Any alternative educator license issued under former section 3319.26 of the Revised Code, as it existed prior to October 16, 2009, or under division (A) of this section;
(4) Any one-year conditional teaching permit issued under former section 3319.302 or 3319.304 of the Revised Code, as it existed prior to October 16, 2009, or under division (A) of this section.
(D) Any school nurse license issued under former section 3319.22 of the Revised Code, as it existed prior to October 16, 2009, or under division (A) of this section shall be valid until the license expires for employment as a school nurse, except as the license is limited, suspended, or revoked under section 3319.31 of the Revised Code.
(E) Nothing in this section shall be construed to prohibit a person from applying to the state board for an educator license issued under section 3319.22 of the Revised Code, a school nurse license or a school nurse wellness coordinator license issued under former section 3319.221 of the Revised Code, or an alternative resident educator license issued under section 3319.26 of the Revised Code, as the section exists on and after October 16, 2009.
(F) On and after October 16, 2009, any reference in the Revised Code to educator licensing is hereby deemed to refer also to certification or licensure under divisions (A) to (D) or (G) of this section.
(G)(1)
On and after
the effective date of this amendment
April 6, 2023,
the state board shall accept an application from and issue a
nonrenewable, two-year temporary educator license to an individual
who has an expired professional teacher's certificate or professional
educator license issued under any version of section 3319.22 or
3319.222 of the Revised Code and who, at the time of expiration of
the license or certificate, had no disciplinary sanctions on the
certificate or license. The temporary educator license shall be valid
for teaching in the same subject areas and grades for which the
expired certificate or license was issued including any endorsements
attached to the expired certificate or license, except as the
temporary license is subsequently limited, suspended, or revoked
under section 3319.31 of the Revised Code.
(2) Prior to providing instruction at an employing school district or school under a temporary educator license issued under division (G)(1) of this section, an individual shall complete any training required by the employing school district or school.
(3)
The state board shall issue a professional educator license with any
applicable license endorsements to an individual who receives a
temporary educator license issued under division (G)(1) of this
section and who, during the duration of that license, completes
either
eighteen
continuing education units or
six semester hours of coursework in
the area of licensure or in an area related to the teaching field.
The license and endorsements shall be valid for teaching in the same
subject areas and grades for which the individual's expired
certificate or license and endorsements were issued, except as the
professional educator license is subsequently limited, suspended, or
revoked under section 3319.31 of the Revised Code.
Sec. 3319.24. This section does not apply to any applicant for an educator license that is designed for persons specializing in teaching children in kindergarten through twelfth grade, or the equivalent, in the area of dance, drama, theater, music, visual arts, or physical education or a specialty area substantially equivalent to any of these when such applicant will be teaching children in the specialty area specified in the license.
(A) As used in this section:
(1) "Coursework in the teaching of reading" means coursework that includes training in a range of instructional strategies for teaching reading, in the assessment of reading skills, and in the diagnosis and remediation of reading difficulties;
(2) "Phonics" means the techniques and strategies used to teach children to match, blend, and translate letters of the alphabet into the sounds they represent, which techniques and strategies are systematically integrated and thoroughly practiced in a developmentally appropriate instructional program to assist the child in learning to read, write, and spell;
(3) "Course in the teaching of phonics" means a course providing the background necessary for effectively teaching and assessing phonics, phonemic awareness, and word recognition, including, but not limited to, the following topics:
(a) Phonological and morphological underpinnings of English spellings and the history thereof;
(b) The nature and role of word recognition in proficient reading;
(c) Methods and rationale for the instruction of phonemic awareness, decoding, spelling, and the application thereof in reading and writing;
(d) Methods and rationale for the assessment of phonemic awareness, decoding, spelling, and the application thereof in reading and writing;
(e) The relation of deficits in phonemic awareness, decoding, spelling, and word recognition to reading disabilities;
(4) "Phonemic awareness" means the awareness of sounds that make up spoken words and the ability to use this awareness of sounds in reading.
(B) The rules adopted under section 3319.22 of the Revised Code shall require an applicant for a resident educator license designated for teaching children in grades kindergarten through six or the equivalent to have successfully completed at least six semester hours, or the equivalent, of coursework in the teaching of reading that includes at least one separate course of at least three semester hours, or the equivalent, in the teaching of phonics in the context of reading, writing, and spelling. In addition, except as provided in division (C) of this section, such rules shall require that the subsequent issuance of a professional educator license be contingent upon the applicant having completed six additional semester hours or the equivalent of coursework in the teaching of reading. The rules shall permit an applicant to apply undergraduate coursework in order to meet this requirement for additional coursework.
(C) An applicant for a professional educator license who holds a one-year nonrenewable out-of-state educator license issued under section 3319.2210 of the Revised Code and who successfully completed Ohio's foundations of reading exam on the applicant's first attempt prior to receipt of that license shall not be required to complete the required six semester hours of coursework in the teaching of reading to receive a professional educator license.
Sec. 3319.31. (A) As used in this section and sections 3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" means a certificate, license, or permit described in this chapter or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code or a registration described in division (B) of section 3302.151, section 3310.411, or section 3319.221 of the Revised Code.
(B) For any of the following reasons, the state board of education, except as provided in division (H) of this section and in accordance with Chapter 119. and section 3319.311 of the Revised Code, may refuse to issue a license to an applicant; may limit a license it issues to an applicant; may suspend, revoke, or limit a license that has been issued to any person; or may revoke a license that has been issued to any person and has expired:
(1) Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or person's position;
(2) A plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the following:
(a) A felony other than a felony listed in division (C) of this section;
(b) An offense of violence other than an offense of violence listed in division (C) of this section;
(c) A theft offense, as defined in section 2913.01 of the Revised Code, other than a theft offense listed in division (C) of this section;
(d) A drug abuse offense, as defined in section 2925.01 of the Revised Code, that is not a minor misdemeanor, other than a drug abuse offense listed in division (C) of this section;
(e) A violation of an ordinance of a municipal corporation that is substantively comparable to an offense listed in divisions (B)(2)(a) to (d) of this section.
(3) A judicial finding of eligibility for intervention in lieu of conviction under section 2951.041 of the Revised Code, or agreeing to participate in a pre-trial diversion program under section 2935.36 of the Revised Code, or a similar diversion program under rules of a court, for any offense listed in division (B)(2) or (C) of this section;
(4) Failure to comply with section 3314.40, 3319.313, 3326.24, 3328.19, 5126.253, or 5502.262 of the Revised Code;
(5) Purposely using or intentionally releasing information that is confidential under state or federal law concerning a student or student's family members for purposes other than student instruction in violation of the licensure code of professional conduct for Ohio educators developed by the state board of education;
(6) Violating section 3319.3110 of the Revised Code, unless such violation is at the direction of the superintendent's employing board of education or a majority of its members.
(C) Upon learning of a plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the offenses listed in this division by a person who holds a current or expired license or is an applicant for renewal of a license, the state board or the superintendent of public instruction, if the state board has delegated the duty pursuant to division (D) of this section, shall by a written order revoke the person's license or deny renewal of the license to the person. The state board or the superintendent shall revoke a license that has been issued to a person to whom this division applies and has expired in the same manner as a license that has not expired.
Revocation of a license or denial of renewal of a license under this division is effective immediately at the time and date that the board or superintendent issues the written order and is not subject to appeal in accordance with Chapter 119. of the Revised Code. Revocation of a license or denial of renewal of license under this division remains in force during the pendency of an appeal by the person of the plea of guilty, finding of guilt, or conviction that is the basis of the action taken under this division.
The state board or superintendent shall take the action required by this division for a violation of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code; a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44, 2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121, 2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 of the Revised Code; a violation of section 2907.231 of the Revised Code unless the offender was coerced into committing a violation of that section; a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996; a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date; felonious sexual penetration in violation of former section 2907.12 of the Revised Code; or a violation of an ordinance of a municipal corporation that is substantively comparable to an offense listed in this paragraph.
(D) The state board may delegate to the superintendent of public instruction the authority to revoke a person's license or to deny renewal of a license to a person under division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction that is the basis of the action taken under division (B)(2) or (C) of this section, or under the version of division (F) of section 3319.311 of the Revised Code in effect prior to September 12, 2008, is overturned on appeal, upon exhaustion of the criminal appeal, the clerk of the court that overturned the plea, finding, or conviction or, if applicable, the clerk of the court that accepted an appeal from the court that overturned the plea, finding, or conviction, shall notify the state board that the plea, finding, or conviction has been overturned. Within thirty days after receiving the notification, the state board shall initiate proceedings to reconsider the revocation or denial of the person's license in accordance with division (E)(2) of this section. In addition, the person whose license was revoked or denied may file with the state board a petition for reconsideration of the revocation or denial along with appropriate court documents.
(2) Upon receipt of a court notification or a petition and supporting court documents under division (E)(1) of this section, the state board, after offering the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code, shall determine whether the person committed the act in question in the prior criminal action against the person that is the basis of the revocation or denial and may continue the revocation or denial, may reinstate the person's license, with or without limits, or may grant the person a new license, with or without limits. The decision of the board shall be based on grounds for revoking, denying, suspending, or limiting a license adopted by rule under division (G) of this section and in accordance with the evidentiary standards the board employs for all other licensure hearings. The decision of the board under this division is subject to appeal under Chapter 119. of the Revised Code.
(3) A person whose license is revoked or denied under division (C) of this section shall not apply for any license if the plea of guilty, finding of guilt, or conviction that is the basis of the revocation or denial, upon completion of the criminal appeal, either is upheld or is overturned but the state board continues the revocation or denial under division (E)(2) of this section and that continuation is upheld on final appeal.
(F) The state board may take action under division (B) of this section, and the state board or the superintendent shall take the action required under division (C) of this section, on the basis of substantially comparable conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.
(G) The state board may adopt rules in accordance with Chapter 119. of the Revised Code to carry out this section and section 3319.311 of the Revised Code.
(H) The state board shall not refuse to issue a license to an applicant because of a conviction of, a plea of guilty to, or a finding of guilt by a jury or court of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Sec. 3319.316. As used in this section, "participating public office" and "participating private party" have the same meanings as in section 109.5721 of the Revised Code.
(A) The state board of education shall be a participating public office for purposes of the retained applicant fingerprint database established under section 109.5721 of the Revised Code and shall receive notification from the bureau of criminal identification and investigation of the arrest or conviction of the following persons:
(A)(1)
Persons to whom the state board has issued a license, as defined in
section 3319.31 of the Revised Code;
(B)(2)
On behalf of employers described in section 3319.391 or 3327.10 of
the Revised Code, persons who are not required to hold a license
issued by the state board and are employed in or contracted for a
position that the district, service center, or school reasonably
determines may involve routine interaction with a child or regular
responsibility for the care, custody, or control of a child,
including persons who operate a school bus or motor van.
Notwithstanding anything to the contrary in division (E) of section
109.5721 of the Revised Code, the state board is authorized to and
promptly shall transmit any notification received regarding a person
under this division to the person's employer.
(B) An employing school district, educational service center, community school, chartered nonpublic school, or employer may identify a designee serving on its behalf, either as a contractor or agent, to receive notifications for arrests or convictions under this section. Any such designation shall be made in writing to the state board.
(C) An employer or designee receiving notifications under this section shall comply with the applicable requirements of a participating private party or participating public office.
Sec. 3319.3110. No superintendent shall knowingly violate any provision of the Revised Code or common law of this state.
Sec. 3319.391. This section applies to any person hired by a school district, educational service center, or chartered nonpublic school and any contractor or person hired by a contractor engaged in providing services that may involve routine interaction with a child or regular responsibility for the care, custody, or control of a child to a school district, educational service center, or chartered nonpublic school in any position that does not require a "license" issued by the state board of education, as defined in section 3319.31 of the Revised Code, or a registration issued by the state board of education under Chapter 3319. of the Revised Code, and is not for the operation of a vehicle for pupil transportation. This section does not apply to any person who volunteers at a school building within a district, educational service center, or chartered nonpublic school, including a parent volunteer in a student's classroom.
(A)(1) For each person to whom this section applies who is hired on or after November 14, 2007, the employer shall request a criminal records check in accordance with section 3319.39 of the Revised Code and shall request a subsequent criminal records check by the fifth day of September every fifth year thereafter.
(2) For each person to whom this section applies who is hired prior to November 14, 2007, the employer shall request a criminal records check by a date prescribed by the state board and shall request a subsequent criminal records check by the fifth day of September every fifth year thereafter.
(3) If, on October 3, 2023, the most recent criminal records check requested for a person under division (A)(1) or (2) of this section was completed more than one year prior to that date or does not include information gathered pursuant to division (A) of section 109.57 of the Revised Code, the employer shall request a new criminal records check that includes information gathered pursuant to division (A) of section 109.57 of the Revised Code by a date prescribed by the state board and shall request a subsequent criminal records check by the fifth day of September every fifth year thereafter.
(B)(1) Each request for a criminal records check under this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under this section.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
(2) Upon receipt of a request under division (B)(1) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(C) Notwithstanding division (D) of section 3319.39 of the Revised Code, the bureau of criminal identification and investigation shall make the initial criminal records check of a person requested by an employer under division (A) of this section on or after October 3, 2023, available to the state board. The state board shall use the information received to enroll the person in the retained applicant fingerprint database, established under section 109.5721 of the Revised Code, in the same manner as any teacher licensed under sections 3319.22 to 3319.31 of the Revised Code. If the state board is unable to enroll the person in the retained applicant fingerprint database because the person has not satisfied the requirements for enrollment, the state board shall notify the employer that the person has not satisfied the requirements for enrollment. However, the bureau shall not be required to make available to the state board the criminal records check of any person who is already enrolled in the retained applicant fingerprint database on the date the person's employer requests a records check of the person under division (A) of this section.
If
the state board receives notification of the arrest, guilty plea, or
conviction of a person who is subject to this section, the state
board shall promptly notify the employing school district, chartered
nonpublic school, or educational service center in accordance with
division (B)(A)(2)
of section 3319.316 of the Revised Code.
(D) Any person who is the subject of a criminal records check under this section and has been convicted of or pleaded guilty to any offense described in division (B)(1) of section 3319.39 of the Revised Code shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards adopted by the state board under division (E) of that section.
Sec. 3327.10. (A) Except as provided in division (L) of this section, no person shall be employed as driver of a school bus or motor van, owned and operated by any school district or educational service center or privately owned and operated under contract with any school district or service center in this state, who has not received a certificate from either the educational service center governing board that has entered into an agreement with the school district under section 3313.843 or 3313.845 of the Revised Code or the superintendent of the school district, certifying that such person is at least eighteen years of age and is qualified physically and otherwise for such position. The service center governing board or the superintendent, as the case may be, shall provide for an annual physical examination that conforms with rules adopted by the department of education and workforce of each driver to ascertain the driver's physical fitness for such employment. The examination shall be performed by one of the following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(1) of this section, or upon a conviction or a guilty plea for a violation, or any other action, that results in a loss or suspension of driving rights. Failure to comply with such division may be cause for disciplinary action or termination of employment under division (C) of section 3319.081, or section 124.34 of the Revised Code.
(B) Except as provided in division (L) of this section, no person shall be employed as driver of a school bus or motor van not subject to the rules of the department pursuant to division (A) of this section who has not received a certificate from the school administrator or contractor certifying that such person is at least eighteen years of age and is qualified physically and otherwise for such position. Each driver shall have an annual physical examination which conforms to the state highway patrol rules, ascertaining the driver's physical fitness for such employment. The examination shall be performed by one of the following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any written documentation of the physical examination shall be completed by the individual who performed the examination.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must give satisfactory and sufficient bond except a driver who is an employee of a school district and who drives a bus or motor van owned by the school district.
(D) No person employed as driver of a school bus or motor van under this section who is convicted of a traffic violation or who has had the person's commercial driver's license suspended shall drive a school bus or motor van until the person has filed a written notice of the conviction or suspension, as follows:
(1) If the person is employed under division (A) of this section, the person shall file the notice with the superintendent, or a person designated by the superintendent, of the school district for which the person drives a school bus or motor van as an employee or drives a privately owned and operated school bus or motor van under contract.
(2) If employed under division (B) of this section, the person shall file the notice with the employing school administrator or contractor, or a person designated by the administrator or contractor.
(E) In addition to resulting in possible revocation of a certificate as authorized by divisions (A) and (B) of this section, violation of division (D) of this section is a minor misdemeanor.
(F)(1) Not later than thirty days after June 30, 2007, each owner of a school bus or motor van shall obtain the complete driving record for each person who is currently employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for the first time before the owner has obtained the person's complete driving record. Thereafter, the owner of a school bus or motor van shall obtain the person's driving record not less frequently than semiannually if the person remains employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to resume operating a school bus or motor van, after an interruption of one year or longer, before the owner has obtained the person's complete driving record.
(2) The owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for ten years after the date on which the person pleads guilty to or is convicted of a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance.
(3) An owner of a school bus or motor van shall not permit any person to operate such a vehicle unless the person meets all other requirements contained in rules adopted by the department prescribing qualifications of drivers of school buses and other student transportation.
(G) No superintendent of a school district, educational service center, community school, or public or private employer shall permit the operation of a vehicle used for pupil transportation within this state by an individual unless both of the following apply:
(1) Information pertaining to that driver has been submitted to the department, pursuant to procedures adopted by that department. Information to be reported shall include the name of the employer or school district, name of the driver, driver license number, date of birth, date of hire, status of physical evaluation, and status of training.
(2) The most recent criminal records check required by division (J) of this section has been completed and received by the superintendent or public or private employer.
(H) A person, school district, educational service center, community school, nonpublic school, or other public or nonpublic entity that owns a school bus or motor van, or that contracts with another entity to operate a school bus or motor van, may impose more stringent restrictions on drivers than those prescribed in this section, in any other section of the Revised Code, and in rules adopted by the department.
(I) For qualified drivers who, on July 1, 2007, are employed by the owner of a school bus or motor van to drive the school bus or motor van, any instance in which the driver was convicted of or pleaded guilty to a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance prior to two years prior to July 1, 2007, shall not be considered a disqualifying event with respect to division (F) of this section.
(J)(1) This division applies to persons hired by a school district, educational service center, community school, chartered nonpublic school, or science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code to operate a vehicle used for pupil transportation.
(a) For each person to whom this division applies who is hired on or after November 14, 2007, the employer shall request a criminal records check in accordance with section 3319.39 of the Revised Code and every six years thereafter.
(b) For each person to whom this division applies who is hired prior to November 14, 2007, the employer shall request a criminal records check by a date prescribed by the department and every six years thereafter.
(c) If, on October 3, 2023, the most recent criminal records check requested for a person to whom division (J)(1) of this section applies was completed more than one year prior to that date or does not include information gathered pursuant to division (A) of section 109.57 of the Revised Code, the employer shall request a new criminal records check that includes information gathered pursuant to division (A) of section 109.57 of the Revised Code by a date prescribed by the state board of education and every six years thereafter.
(2) This division applies to persons hired by a public or private employer not described in division (J)(1) of this section to operate a vehicle used for pupil transportation.
(a) For each person to whom this division applies who is hired on or after November 14, 2007, the employer shall request a criminal records check prior to the person's hiring and every six years thereafter.
(b) For each person to whom this division applies who is hired prior to November 14, 2007, the employer shall request a criminal records check by a date prescribed by the department and every six years thereafter.
(c) If, on October 3, 2023, the most recent criminal records check requested for a person to whom division (J)(2) of this section applies was completed more than one year prior to that date or does not include information gathered pursuant to division (A) of section 109.57 of the Revised Code, the employer shall request a new criminal records check that includes information gathered pursuant to division (A) of section 109.57 of the Revised Code by a date prescribed by the state board and every six years thereafter.
(3) Each request for a criminal records check under division (J) of this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under division (J) of this section.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
Upon receipt of a request, the superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(4) Notwithstanding anything in the Revised Code to the contrary, the bureau of criminal identification and investigation shall make the initial criminal records check requested of a person by an employer under division (J)(1) or (2) of this section on or after October 3, 2023, available to the state board of education. The state board shall use the information received to enroll the person in the retained applicant fingerprint database, established under section 109.5721 of the Revised Code, in the same manner as any teacher licensed under sections 3319.22 to 3319.31 of the Revised Code. If the state board is unable to enroll the person in the retained applicant fingerprint database because the person has not satisfied the requirements for enrollment, the state board shall notify the employer that the person has not satisfied the requirements for enrollment. However, the bureau shall not be required to make available to the state board the criminal records check of any person who is already enrolled in the retained applicant fingerprint database on the date the person's employer requests a records check of the person under division (J)(1) or (2) of this section.
If
the state board receives notification of the arrest, guilty plea, or
conviction of a person who is subject to this section, the state
board shall promptly notify the person's employer in accordance with
division (B)(A)(2)
of section 3319.316 of the Revised Code.
(K)(1) Until the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense described in division (B)(1) of section 3319.39 of the Revised Code shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed for nonlicensed school personnel by rule 3301-20-03 of the Ohio Administrative Code.
(2) Beginning on the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense that, under the rule, disqualifies a person for employment to operate a vehicle used for pupil transportation shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed by the rule.
(L) The superintendent of a school district or an educational service center governing board shall issue a certificate as a driver of a school bus or motor van or a certificate to operate a vehicle used for pupil transportation in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a certificate in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a school bus or motor van driver or a pupil transportation vehicle operator in a state that does not issue one or both of those certificates.
(M) As used in this section, "school bus" includes a multifunction school activity bus, as defined in section 4511.01 of the Revised Code.
Section 2. That existing sections 2151.354, 2152.19, 2919.24, 3313.11, 3313.411, 3313.536, 3319.222, 3319.24, 3319.31, 3319.316, 3319.391, and 3327.10 of the Revised Code are hereby repealed.
Section 3. That section 3313.85 of the Revised Code is hereby repealed.