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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 561
2025-2026
Representatives Miller, M., Robb
Blasdel
Cosponsors: Representatives Barhorst,
Claggett, Click, Creech, Dean, Deeter, Fischer, Gross, Hall, T.,
King, Lear, Lorenz, Miller, K., Mullins, Newman, Pizzulli, Stephens,
Swearingen, Teska, Williams, Ferguson, LaRe
To
amend sections 3301.16
,
3301.53
,
3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019
and to enact section 3301.532
of the Revised Code
to
revise the law governing childhood immunizations and exemptions and
to name this act the Parental Clarity on Health Options and
Information on Conscientious Exemptions "C.H.O.I.C.E." Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3301.16
,
3301.53
,
3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019
be amended and section 3301.532
of the Revised Code be
enacted
to
read as follows:
Sec.
3301.16.
Pursuant
to standards prescribed by the director of education and workforce as
provided in division (D) of section 3301.07 of the Revised Code, the
director shall classify and charter school districts and individual
schools within each district except that no charter shall be granted
to a nonpublic school unless the school complies with divisions
(K)(1) and (L) of section 3301.0711
of the Revised Code
,
as applicable,
divisions
(B)(4) and (5) and (F) of section 3313.671 of the Revised Code,
and
sections 3301.164 and 3313.612 of the Revised Code.
In
the course of considering the charter of a new school district
created under section 3311.26 or 3311.38 of the Revised Code, the
director shall require the party proposing creation of the district
to submit to the board a map, certified by the county auditor of the
county in which the proposed new district is located, showing the
boundaries of the proposed new district. In the case of a proposed
new district located in more than one county, the map shall be
certified by the county auditor of each county in which the proposed
district is located.
The
director shall revoke the charter of any school district or school
which fails to meet the standards for elementary and high schools as
prescribed by the director. The director shall also revoke the
charter of any nonpublic school that does not comply with divisions
(K)(1) and (L) of section 3301.0711
of the Revised Code
,
if applicable,
divisions
(B)(4) and (5) and (F) of section 3313.671 of the Revised Code,
and
sections 3301.164 and 3313.612 of the Revised Code.
In
the issuance and revocation of school district or school charters,
the director shall be governed by the provisions of Chapter 119. of
the Revised Code.
No
school district, or individual school operated by a school district,
shall operate without a charter issued under this section.
In
case a school district charter is revoked pursuant to this section,
the state board of education may dissolve the school district and
transfer its territory to one or more adjacent districts. An
equitable division of the funds, property, and indebtedness of the
school district shall be made by the state board among the receiving
districts. The board of education of a receiving district shall
accept such territory pursuant to the order of the state board. Prior
to dissolving the school district, the state board shall notify the
appropriate educational service center governing board and all
adjacent school district boards of education of its intention to do
so. Boards so notified may make recommendations to the state board
regarding the proposed dissolution and subsequent transfer of
territory. Except as provided in section 3301.161 of the Revised
Code, the transfer ordered by the state board shall become effective
on the date specified by the state board, but the date shall be at
least thirty days following the date of issuance of the order.
A
high school is one of higher grade than an elementary school, in
which instruction and training are given in accordance with sections
3301.07 and 3313.60 of the Revised Code and which also offers other
subjects of study more advanced than those taught in the elementary
schools and such other subjects as may be approved by the director.
An
elementary school is one in which instruction and training are given
in accordance with sections 3301.07 and 3313.60 of the Revised Code
and which offers such other subjects as may be approved by the
director. In districts wherein a junior high school is maintained,
the elementary schools in that district may be considered to include
only the work of the first six school years inclusive, plus the
kindergarten year.
Sec.
3301.53.
(A)
The department of children and youth shall formulate and prescribe by
rule adopted under Chapter 119. of the Revised Code minimum standards
to be applied to preschool programs operated by school district
boards of education, county boards of developmental disabilities,
community schools, or eligible nonpublic schools. The rules shall
include the following:
(1)
Standards ensuring that the preschool program is located in a safe
and convenient facility that accommodates the enrollment of the
program, is of the quality to support the growth and development of
the children according to the program objectives, and meets the
requirements of section 3301.55 of the Revised Code;
(2)
Standards ensuring that supervision, discipline, and programs will be
administered according to established objectives and procedures;
(3)
Standards ensuring that preschool staff members and nonteaching
employees are recruited, employed, assigned, evaluated, and provided
in-service education without discrimination on the basis of age,
color, national origin, race, or sex; and that preschool staff
members and nonteaching employees are assigned responsibilities in
accordance with written position descriptions commensurate with their
training and experience;
(4)
A requirement that boards of education intending to establish a
preschool program demonstrate a need for a preschool program prior to
establishing the program;
(5)
Requirements
Subject
to section 3301.532 of the Revised Code, requirements
that
children participating in preschool programs have been immunized to
the extent considered appropriate by the director of children and
youth to prevent the spread of communicable disease;
(6)
Requirements that the parents of preschool children complete the
emergency medical authorization form specified in section 3313.712 of
the Revised Code;
(7)
The department of education and workforce's rules or standards for
providing special education and related services for children with
disabilities under section 3323.02 of the Revised Code incorporated
by reference, as appropriate.
(B)
The department of children and youth shall ensure that the rules
adopted under sections 3301.52 to 3301.58 of the Revised Code are
consistent with and meet or exceed the requirements of Chapter 5104.
of the Revised Code with regard to child care centers that serve
preschool children. The department shall review all such rules at
least once every five years.
(C)
The department shall adopt rules for school child programs that are
consistent with and meet or exceed the requirements of the rules
adopted for child care centers that serve school-age children under
Chapter 5104. of the Revised Code.
Sec.
3301.532.
If
the department of children and youth prescribes by rule as described
in section 3301.53 of the Revised Code requirements that children
participating in preschool programs operated by school district
boards of education, county boards of developmental disabilities,
community schools, or eligible nonpublic schools be immunized to the
extent considered appropriate by the director of children and youth
to prevent the spread of communicable disease, all of the following
apply:
(A)
Each preschool program shall honor exemptions for all of the
following reasons:
(1)
Immunization against the disease is medically contraindicated for the
child.
(2)
Immunization against the disease is not medically appropriate for the
child's age.
(3)
The child's parent or guardian has declined to have the child
immunized against the disease for reasons of conscience, including
religious convictions.
(B)
When a preschool program notifies a parent or guardian in any writing
or other communication, which includes social media, electronic mail,
newsletter, flyer, or video, of immunization requirements specified
in department rule, the preschool program also shall notify the
parent or guardian of the exemptions from immunization described in
division (A) of this section. The preschool program shall provide
notice of exemptions in the same manner that the program provides
notice of requirements. The notice shall describe each exemption and
include both the text of division (A) of this section and its
statutory citation.
(C)
If a preschool program maintains a web site that is available to
parents and guardians and the web site addresses immunization
requirements specified in department rule, the preschool program
shall clearly display on the web site a statement indicating that a
child enrolled in the preschool program is not required to be
immunized if any of the exemptions described in division (A) of this
section apply. Such a statement shall describe each exemption and
include both the text of division (A) of this section and its
statutory citation.
(D)(1)
An individual who believes that a preschool program has failed to
comply with division (A), (B), or (C) of this section may file a
complaint with the director of children and youth. The department
shall establish a process under which an individual may submit a
complaint under division (D)(1) of this section.
(2)
Not later than fourteen days after receiving such a complaint, the
director shall review and investigate the complaint, determine
whether the preschool program has failed to comply with division (A),
(B), or (C) of this section, and notify the program of the director's
determination.
(3)
If the director determines that a preschool program has failed to
comply with division (A), (B), or (C) of this section, the director
shall order the program to become compliant within thirty days. If
the preschool program fails to comply with the director's order
within those thirty days, the director shall suspend the program's
license until the director determines that the program is compliant.
Sec.
3313.671.
(A)(1)
Except as otherwise provided in division (B) of this section, no
pupil, at the time of initial entry or at the beginning of each
school year, to an elementary or high school for which the director
of education and workforce prescribes minimum standards pursuant to
division (D) of section 3301.07 of the Revised Code, shall be
permitted to remain in school for more than fourteen days unless the
pupil presents written evidence satisfactory to the person in charge
of admission, that the pupil has been immunized by a method of
immunization approved by the department of health pursuant to section
3701.13 of the Revised Code against mumps, poliomyelitis, diphtheria,
pertussis, tetanus, rubeola, and rubella or is in the process of
being immunized.
(2)
Except as provided in division (B) of this section, no pupil who
begins kindergarten at an elementary school subject to the director's
minimum standards shall be permitted to remain in school for more
than fourteen days unless the pupil presents written evidence
satisfactory to the person in charge of admission that the pupil has
been immunized by a department of health-approved method of
immunization or is in the process of being immunized against both of
the following:
(a)
During or after the school year beginning in 1999, hepatitis B;
(b)
During or after the school year beginning in 2006, chicken pox.
(3)
Except as provided in division (B) of this section, during and after
the school year beginning in 2016, no pupil who is the age or older
than the age at which immunization against meningococcal disease is
recommended by the state department of health shall be permitted to
remain in a school subject to the director's minimum standards for
more than fourteen days unless the pupil presents written evidence
satisfactory to the person in charge of admission that the pupil has
been immunized by a department of health-approved method of
immunization, or is in the process of being immunized, against
meningococcal disease.
(4)
As used in divisions (A)(1), (2), and (3) of this section, "in
the process of being immunized" means the pupil has been
immunized against mumps, rubeola, rubella, and chicken pox, and if
the pupil has not been immunized against poliomyelitis, diphtheria,
pertussis, tetanus, hepatitis B, and meningococcal disease, the pupil
has received at least the first dose of the immunization sequence,
and presents written evidence to the pupil's building principal or
chief administrative officer of each subsequent dose required to
obtain immunization at the intervals prescribed by the director of
health. Any student previously admitted under the "in process of
being immunized" provision and who has not complied with the
immunization intervals prescribed by the director of health shall be
excluded from school on the fifteenth day of the following school
year. Any student so excluded shall be readmitted upon showing
evidence to the student's building principal or chief administrative
officer of progress on the director of health's interval schedule.
(B)(1)
A pupil who has had natural rubeola, and presents a signed statement
from the pupil's parent, guardian, or physician to that effect, is
not required to be immunized against rubeola.
(2)
A pupil who has had natural mumps, and presents a signed statement
from the pupil's parent, guardian, or physician to that effect, is
not required to be immunized against mumps.
(3)
A pupil who has had natural chicken pox, and presents a signed
statement from the pupil's parent, guardian, or physician to that
effect, is not required to be immunized against chicken pox.
(4)
A pupil who presents a written statement of the pupil's parent or
guardian in which the parent or guardian declines to have the pupil
immunized for reasons of conscience, including religious convictions,
is not required to be immunized.
The
board of education or governing body of each school subject to this
section shall not require additional information beyond the written
statement required under this division and shall not require an
official exemption form.
(5)
A child whose physician certifies in writing that such immunization
against any disease is medically contraindicated is not required to
be immunized against that disease.
(C)
As used in this division, "
chicken
pox
epidemic"
means the occurrence of cases of chicken pox
,
measles, mumps, or rubella
in numbers greater than expected in the school's population or for a
particular period of time.
If
the director of the department of health notifies the school's
principal or chief administrative officer that an epidemic exists in
the school's population, a school may notify each pupil's parent or
guardian.
Notwithstanding
division (B) of this section, a school may deny admission to a pupil
otherwise exempted from the chicken pox immunization requirement if
the director of the state department of health notifies the school's
principal or chief administrative officer that a chicken pox epidemic
exists in the school's population
who has contracted chicken pox, measles, mumps, or rubella
.
The denial of admission shall cease when the
director
notifies the principal or officer that the epidemic
pupil
is
no longer
exists
contagious
.
A
school shall not deny admission to an uninfected pupil, including a
pupil who is otherwise exempted from the immunization requirements
under division (B)(4) or (5) of this section.
The
board of education or governing body of each school subject to this
section shall adopt a policy that prescribes methods whereby the
academic standing of a pupil who is denied admission during
a
chicken pox
an
epidemic
may be preserved.
When
a board of education or governing body of a school subject to this
section notifies parents or guardians that an epidemic exists in the
school's population, it shall include in the notice the citation to
this section of the Revised Code and include the policy adopted by
the board or governing body that prescribes methods whereby the
academic standing of a pupil who is denied admission during an
epidemic may be preserved.
(D)
Boards of health, legislative authorities of municipal corporations,
and boards of township trustees on application of the board of
education of the district or proper authority of any school affected
by this section, shall provide at the public expense, without delay,
the means of immunization against mumps, poliomyelitis, rubeola,
rubella, diphtheria, pertussis, tetanus, and hepatitis B to pupils
who are not so provided by their parents or guardians.
(E)
The department of health shall specify the age at which immunization
against meningococcal disease, as required by division (A)(3) of this
section, is recommended, and approve a method of immunization against
meningococcal disease.
(F)
The board of education or governing body of each school subject to
this section shall do both of the following:
(1)
When a board or governing body notifies a pupil or the pupil's parent
or guardian of the immunization requirements described in this
section, which includes notification through social media, electronic
mail, newsletter, flyer, or video, notify the pupil or the pupil's
parent or guardian of the exemptions from immunization described
under divisions (B)(4) and (5) of this section. The board or
governing body shall provide notice of the exemptions and the
citation to this section of the Revised Code in the same manner as it
provides notice of the immunization requirements.
(2)
Clearly display on its web site the exemptions from immunization
described under divisions (B)(4) and (5) of this section wherever
immunization requirements are listed. Each board or governing body
shall include the full text of the law under those divisions and the
legal citation on its web site.
(G)
An individual who believes that a board of education or governing
body of a school subject to this section has failed to comply with
division (B)(4) or (5) or division (F) of this section may submit a
complaint to the department of education and workforce.
(H)(1)
The department shall establish a process under which an individual
may submit a complaint under division (G) of this section. Not later
than fourteen days after a complaint is submitted, the department
shall review and investigate the complaint, determine whether a board
of education or governing body of a school subject to this section
has failed to comply with division (B)(4) or (5) or division (F) of
this section, and notify the board of education or governing body of
the department's determination.
(2)
If the department determines that a board of education or governing
body of a school subject to this section has failed to comply with
division (B)(4) or (5) or (F) of this section, the department shall
order the board or governing authority to become compliant not later
than thirty days after receiving the department's notification. If a
board or governing body of a school that holds a charter under
section 3301.16 of the Revised Code fails to become compliant within
those thirty days, the department shall revoke the board's or
governing body's charter pursuant to that section and shall not
restore its charter until the department determines the board or
governing body is compliant.
Sec.
5104.014.
(A)
As used in this section:
(1)
"Child" includes both of the following:
(a)
An infant, toddler, or preschool age child;
(b)
A school-age child who is not enrolled in a public or nonpublic
school but is enrolled in a child care center, type A family child
care home, or licensed type B family child care home or receives
child care from a certified in-home aide.
(2)
"In the process of being immunized" means having received
at least the first dose of an immunization sequence and complying
with the immunization intervals or catch-up schedule prescribed by
the director of health.
(B)
Except as provided in division (C) of this section, not later than
thirty days after enrollment in a child care center, type A family
child care home, or licensed type B family child care home and every
thirteen months thereafter while enrolled in the center or home and
not later than thirty days after beginning to receive child care from
a certified in-home aide and every thirteen months thereafter while
continuing to receive child care from the aide, each child's
caretaker parent shall provide to the center, home, or in-home aide a
medical statement, as described in division (D) of this section,
indicating that the child has been immunized against or is in the
process of being immunized against all of the following diseases:
(1)
Chicken pox;
(2)
Diphtheria;
(3)
Haemophilus influenzae type b;
(4)
Hepatitis A;
(5)
Hepatitis B;
(6)
(5)
Influenza;
(7)
(6)
Measles;
(8)
(7)
Mumps;
(9)
(8)
Pertussis;
(10)
(9)
Pneumococcal disease;
(11)
(10)
Poliomyelitis;
(12)
(11)
Rotavirus;
(13)
(12)
Rubella;
(14)
(13)
Tetanus.
(C)(1)
A child is not required to be immunized against a disease specified
in division (B) of this section if
the
child's medical statement indicates that
any
of the following is the case:
(a)
Immunization against the disease is medically contraindicated for the
child;
(b)
The child's parent or guardian has declined to have the child
immunized against the disease for reasons of conscience, including
religious convictions;
(c)
Immunization against the disease is not medically appropriate for the
child's age.
(2)
In the case of influenza, a child is not required to be immunized
against the disease if the seasonal vaccine is not available.
(D)(1)
The medical statement shall include all of the following information:
(a)
The dates that a child received immunizations against each of the
diseases specified in division (B) of this section;
(b)
Whether a child is subject to any of the
exceptions
exemptions
specified
in division (C) of this section.
(2)
The medical statement shall include a component where a parent or
guardian may indicate that the parent or guardian has declined to
have the child immunized.
(E)
When a parent or guardian declines immunization for a child under
this section, a child care center, type A family child care home,
licensed type B family child care home, or certified in-home aide
shall not require the child's caretaker parent to provide to the
center, home, or in-home aide any other information beyond the
medical statement.
(F)
When a child care center, type A family child care home, licensed
type B family child care home, or certified in-home aide notifies a
caretaker parent of the immunization requirements described in
division (B) of this section in any writing or other communication,
which includes social media, electronic mail, newsletter, flyer, or
video, the center, home, or in-home aide also shall notify the
caretaker parent of the exemptions from immunization described in
division (C) of this section. The center, home, or in-home aide shall
provide notice of the exemptions in the same manner that the center,
home, or in-home aide provides notice of the requirements. The notice
shall describe the exemptions and include both the text of division
(C) of this section and its statutory citation.
(G)
If a child care center, type A family child care home, licensed type
B family child care home, or in-home aide maintains a web site that
is available to caretaker parents and addresses the immunization
requirements of division (B) of this section, the center, home, or
in-home aide shall clearly display on the web site a statement
indicating that a child enrolled in the center or home or receiving
care from an in-home aide is not required to be immunized against a
disease specified in division (B) of this section if any of the
exemptions described in divisions (C)(1) and (2) of this section
apply. Such a statement shall describe each exemption and include
both the text of division (C) of this section and its statutory
citation.
(H)(1)
An individual who believes that a child care center, type A family
child care home, licensed type B family child care home, or certified
in-home aide has failed to comply with division (C), (E), or (F) of
this section may file a complaint with the director of children and
youth or, in the case of an in-home aide, with the county department
of job and family services. The department and county department
shall each establish a process under which an individual may submit a
complaint under division (H)(1) of this section.
(2)
Not later than fourteen days after receiving such a complaint, the
director or county department shall review and investigate the
complaint, determine whether the center, home, or in-home aide has
failed to comply with division (C), (E), or (F) of this section, and
notify the center, home, or in-home aide of the director or county
department's determination.
(3)
If the director or county department determines that a center, home,
or in-home aide has failed to comply with division (C), (E), or (F)
of this section, the director or county department shall order the
center, home, or in-home aide to become compliant within thirty days.
If the center, home, or in-home aide fails to comply with the
director's or county department's order within those thirty days, the
director or county department shall suspend the center's or home's
license or in-home aide's certificate until the director or county
department determines that the center, home, or in-home aide is
compliant.
Sec.
5104.015.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the operation of child
care centers, including parent cooperative centers, part-time
centers, and drop-in centers. The rules shall reflect the various
forms of child care and the needs of children receiving child care or
publicly funded child care and shall include specific rules for
school-age child care centers that are developed in consultation with
the department of education and workforce. The rules shall include
the following:
(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the center proposes to meet the requirements of this
chapter and rules adopted pursuant to this chapter for the initial
license application;
(B)
Standards for ensuring that the physical surroundings of the center
are safe and sanitary including the physical environment, the
physical plant, and the equipment of the center;
(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the center;
(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible. As used in this division, "program" does
not include instruction in religious or moral doctrines, beliefs, or
values that is conducted at child care centers owned and operated by
churches and does include methods of disciplining children at child
care centers.
(E)
Admissions policies and procedures;
(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;
(G)
First aid and emergency procedures;
(H)
Procedures for discipline and supervision of children;
(I)
Standards for the provision of nutritious meals and snacks;
(J)
Procedures for screening children that may include any necessary
physical examinations and shall include immunizations
,
exemptions from immunizations, and notifications
in accordance with section 5104.014 of the Revised Code;
(K)
Procedures for screening employees that may include any necessary
physical examinations and immunizations;
(L)
Methods for encouraging parental participation in the center and
methods for ensuring that the rights of children, parents, and
employees are protected and that responsibilities of parents and
employees are met;
(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the center while under the
care of a center employee;
(N)
Procedures for record keeping, organization, and administration;
(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;
(P)
Inspection procedures;
(Q)
Procedures and standards for setting initial license application
fees;
(R)
Procedures for receiving, recording, and responding to complaints
about centers;
(S)
Procedures for enforcing section 5104.04 of the Revised Code;
(T)
Minimum qualifications for employment as an administrator or child
care staff member, which shall not include requiring an administrator
or child care staff member to hold or obtain a bachelor's, master's,
or doctoral degree;
(U)
Requirements for the training of administrators and child care staff
members, including training in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;
(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the center;
(W)
A procedure for reporting of injuries of children that occur at the
center;
(X)
Standards for licensing child care centers for children with
short-term illnesses and other temporary medical conditions;
(Y)
Minimum requirements for instructional time for child care centers
rated through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;
(Z)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding child care centers.
Sec.
5104.017.
The
director of children and youth shall adopt rules pursuant to Chapter
119. of the Revised Code governing the operation of type A family
child care homes, including parent cooperative type A homes,
part-time type A homes, and drop-in type A homes. The rules shall
reflect the various forms of child care and the needs of children
receiving child care. The rules shall include the following:
(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the type A home proposes to meet the requirements of
this chapter and rules adopted pursuant to this chapter for the
initial license application;
(B)
Standards for ensuring that the physical surroundings of the type A
home are safe and sanitary, including the physical environment, the
physical plant, and the equipment of the type A home;
(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the type A
home;
(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;
(E)
Admissions policies and procedures;
(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;
(G)
First aid and emergency procedures;
(H)
Procedures for discipline and supervision of children;
(I)
Standards for the provision of nutritious meals and snacks;
(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations
,
exemptions from immunizations, and notifications
required pursuant to section 5104.014 of the Revised Code;
(K)
Procedures for screening employees, including any necessary physical
examinations and immunizations;
(L)
Methods for encouraging parental participation in the type A home and
methods for ensuring that the rights of children, parents, and
employees are protected and that the responsibilities of parents and
employees are met;
(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the type A home while under
the care of a type A home employee;
(N)
Procedures for record keeping, organization, and administration;
(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;
(P)
Inspection procedures;
(Q)
Procedures and standards for setting initial license application
fees;
(R)
Procedures for receiving, recording, and responding to complaints
about type A homes;
(S)
Procedures for enforcing section 5104.04 of the Revised Code;
(T)
A standard requiring the inclusion of a current department of
children and youth toll-free telephone number on each type A home
license that any person may use to report a suspected violation by
the type A home of this chapter or rules adopted pursuant to this
chapter;
(U)
Requirements for the training of administrators and child care staff
members in first aid, in prevention, recognition, and management of
communicable diseases, and in child abuse recognition and prevention;
(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the type A
home;
(W)
Standards for the maximum number of children per child care staff
member;
(X)
Requirements for the amount of usable indoor floor space for each
child;
(Y)
Requirements for safe outdoor play space;
(Z)
Qualifications and training requirements for administrators and for
child care staff members, which shall not include requiring an
administrator or child care staff member to hold or obtain a
bachelor's, master's, or doctoral degree;
(AA)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type A home
during its hours of operation;
(BB)
Minimum requirements for instructional time for type A homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;
(CC)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding type A homes.
Sec.
5104.018.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the licensure of type B
family child care homes. The rules shall provide for safeguarding the
health, safety, and welfare of children receiving child care or
publicly funded child care in a licensed type B family child care
home and shall include all of the following:
(A)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;
(B)
Standards for ensuring that the type B home and the physical
surroundings of the type B home are safe and sanitary, including
physical environment, physical plant, and equipment;
(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the home;
(D)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;
(E)
Admission policies and procedures;
(F)
Health care, first aid and emergency procedures;
(G)
Procedures for the care of sick children;
(H)
Procedures for discipline and supervision of children;
(I)
Nutritional standards;
(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations
,
exemptions from immunizations, and notifications
required pursuant to section 5104.014 of the Revised Code;
(K)
Procedures for screening administrators and employees, including any
necessary physical examinations and immunizations;
(L)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and administrators are protected and the
responsibilities of parents and administrators are met;
(M)
Standards for the safe transport of children when under the care of
administrators;
(N)
Procedures for issuing, denying, or revoking licenses;
(O)
Procedures for the inspection of type B homes that require, at a
minimum, that each type B home be inspected prior to licensure to
ensure that the home is safe and sanitary;
(P)
Procedures for record keeping and evaluation;
(Q)
Procedures for receiving, recording, and responding to complaints;
(R)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving child care or publicly funded child care in the type B
home;
(S)
Requirements for the amount of usable indoor floor space for each
child;
(T)
Requirements for safe outdoor play space;
(U)
Qualification and training requirements for administrators and
employees, which shall not include requiring an administrator or
employee to hold or obtain a bachelor's, master's, or doctoral
degree;
(V)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type B home
during its hours of operation;
(W)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;
(X)
Minimum requirements for instructional time for type B homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;
(Y)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding licensure of type B homes.
Sec.
5104.019.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the certification of
in-home aides. The rules shall provide for safeguarding the health,
safety, and welfare of children receiving publicly funded child care
in their own home and shall include the following:
(A)
Standards for ensuring that the child's home and the physical
surroundings of the child's home are safe and sanitary, including
physical environment, physical plant, and equipment;
(B)
Standards for the supervision, care, and discipline of children
receiving publicly funded child care in their own home;
(C)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;
(D)
Health care, first aid, and emergency procedures, procedures for the
care of sick children, procedures for discipline and supervision of
children, nutritional standards, and procedures for screening
children and in-home aides, including any necessary physical
examinations and
the
immunizations
,
exemptions from immunizations, and notifications required pursuant to
section 5104.014 of the Revised Code
;
(E)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and in-home aides are protected and the
responsibilities of parents and in-home aides are met;
(F)
Standards for the safe transport of children when under the care of
in-home aides;
(G)
Procedures for issuing, renewing, denying, refusing to renew, or
revoking certificates;
(H)
Procedures for inspection of homes of children receiving publicly
funded child care in their own homes;
(I)
Procedures for record keeping and evaluation;
(J)
Procedures for receiving, recording, and responding to complaints;
(K)
Qualifications and training requirements for in-home aides;
(L)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving publicly funded child care in the child's own home;
(M)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding certification of in-home aides.
Section
2.
That
existing sections 3301.16
,
3301.53
,
3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019 of the
Revised Code are hereby repealed.
Section
3.
This
act shall be known as the Parental Clarity on Health Options and
Information on Conscientious Exemptions or Parental "C.H.O.I.C.E."
Act.
Section
4.
Section
5104.019 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 33 of the 135th General Assembly
and H.B. 281 of the 134th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.