Regards the operation of public and chartered nonpublic schools

sb311_02_PS

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 311

2025-2026

Senator Brenner

Cosponsors: Senators Cirino,
Gavarone

To
amend sections 2151.354, 2152.19, 2919.24, 3313.11, 3313.41,
3313.411, 3313.413, 3313.536, 3318.08, 3319.2210, 3319.24, 3319.31,
3319.316, 3319.391
,
3321.16
,
and 3327.10; to enact new section 3314.25 and sections 303.216,
519.216, 713.083, 2307.59, 3313.174, 3314.252, and 3319.3110; and to
repeal sections 3313.85 and 3314.25 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, 3313.41, 3313.411,
3313.413, 3313.536, 3318.08, 3319.2210, 3319.24, 3319.31, 3319.316,
3319.391
,
3321.16
,
and 3327.10 be amended and new section 3314.25 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

more

than

thirty

forty-five

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
any

regular
or special meeting
,
not earlier than ten days

within forty-five days
after

such

the

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 forty-five
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.
3313.41.
(A)
Except as provided in divisions (C), (D), and (F) of this section and
in sections 3313.412 and 3313.413 of the Revised Code, when a board
of education decides to dispose of real or personal property that it
owns in its corporate capacity and that exceeds in value ten thousand
dollars, it shall sell the property at public auction, after giving
at least thirty days' notice of the auction by publication in a
newspaper of general circulation in the school district, by
publication as provided in section 7.16 of the Revised Code, or by
posting notices in five of the most public places in the school
district in which the property, if it is real property, is situated,
or, if it is personal property, in the school district of the board
of education that owns the property. The board may offer real
property for sale as an entire tract or in parcels.

(B)
When the board of education has offered real or personal property for
sale at public auction at least once pursuant to division (A) of this
section, and the property has not been sold, the board may sell it at
a private sale. Regardless of how it was offered at public auction,
at a private sale, the board shall, as it considers best, sell real
property as an entire tract or in parcels, and personal property in a
single lot or in several lots.

(C)
If a board of education decides to dispose of real or personal
property that it owns in its corporate capacity and that exceeds in
value ten thousand dollars, it may sell the property to the adjutant
general; to any subdivision or taxing authority as respectively
defined in section 5705.01 of the Revised Code, township park
district, board of park commissioners established under Chapter 755.
of the Revised Code, or park district established under Chapter 1545.
of the Revised Code; to a wholly or partially tax-supported
university, university branch, or college; to a nonprofit institution
of higher education that has a certificate of authorization under
Chapter 1713. of the Revised Code; to the governing authority of a
chartered nonpublic school;
to
the governing board of an educational service center;
or
to the board of trustees of a school district library, upon such
terms as are agreed upon. The sale of real or personal property to
the board of trustees of a school district library is limited, in the
case of real property, to a school district library within whose
boundaries the real property is situated, or, in the case of personal
property, to a school district library whose boundaries lie in whole
or in part within the school district of the selling board of
education.

(D)
When a board of education decides to trade as a part or an entire
consideration, an item of personal property on the purchase price of
an item of similar personal property, it may trade the same upon such
terms as are agreed upon by the parties to the trade.

(E)
The president and the treasurer of the board of education shall
execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.

(F)
When a board of education has identified a parcel of real property
that it determines is needed for school purposes, the board may, upon
a majority vote of the members of the board, acquire that property by
exchanging real property that the board owns in its corporate
capacity for the identified real property or by using real property
that the board owns in its corporate capacity as part or an entire
consideration for the purchase price of the identified real property.
Any exchange or acquisition made pursuant to this division shall be
made by a conveyance executed by the president and the treasurer of
the board.

(G)
When a school district board of education has property that the
board, by resolution, finds is not needed for school district use, is
obsolete, or is unfit for the use for which it was acquired, the
board may donate that property in accordance with this division if
the fair market value of the property is, in the opinion of the
board, two thousand five hundred dollars or less.

The
property may be donated to an eligible nonprofit organization that is
located in this state and is exempt from federal income taxation
pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating any property
under this division, the board shall adopt a resolution expressing
its intent to make unneeded, obsolete, or unfit-for-use school
district property available to these organizations. The resolution
shall include guidelines and procedures the board considers to be
necessary to implement the donation program and shall indicate
whether the school district will conduct the donation program or the
board will contract with a representative to conduct it. If a
representative is known when the resolution is adopted, the
resolution shall provide contact information such as the
representative's name, address, and telephone number.

The
resolution shall include within its procedures a requirement that any
nonprofit organization desiring to obtain donated property under this
division shall submit a written notice to the board or its
representative. The written notice shall include evidence that the
organization is a nonprofit organization that is located in this
state and is exempt from federal income taxation pursuant to 26
U.S.C. 501(a) and (c)(3); a description of the organization's primary
purpose; a description of the type or types of property the
organization needs; and the name, address, and telephone number of a
person designated by the organization's governing board to receive
donated property and to serve as its agent. The written notice may be
submitted electronically to the board or its representative.

After
adoption of the resolution, the board shall continually post in the
board's office notice of its intent to donate school district
property that is unneeded, obsolete, or unfit for use to eligible
nonprofit organizations. If the school district maintains a web site
on the internet, the notice shall be posted continually at that web
site.

The
board or its representatives shall maintain a list of all nonprofit
organizations that notify the board or its representative of their
desire to obtain donated property under this division and that the
board or its representative determines to be eligible, in accordance
with the requirements set forth in this section and in the donation
program's guidelines and procedures, to receive donated property.

The
board or its representative also shall maintain a list of all school
district property the board finds to be unneeded, obsolete, or unfit
for use and to be available for donation under this division. The
list shall be posted continually in a conspicuous location in the
board's office, and, if the school district maintains a web site on
the internet, the list shall be posted continually at that web site.
An item of property on the list shall be donated to the eligible
nonprofit organization that first declares to the board or its
representative its desire to obtain the item unless the board
previously has established, by resolution, a list of eligible
nonprofit organizations that shall be given priority with respect to
the item's donation. Priority may be given on the basis that the
purposes of a nonprofit organization have a direct relationship to
specific school district purposes of programs provided or
administered by the board. A resolution giving priority to certain
nonprofit organizations with respect to the donation of an item of
property shall specify the reasons why the organizations are given
that priority.

Members
of the board shall consult with the Ohio ethics commission, and
comply with Chapters 102. and 2921. of the Revised Code, with respect
to any donation under this division to a nonprofit organization of
which a board member, any member of a board member's family, or any
business associate of a board member is a trustee, officer, board
member, or employee.

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
division
this
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
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
use

any
property purchased under division (B)
or
(C)
of
this section
within
five years of
as
an educational facility for at least ten years after

purchasing that property.

(2)

The

If
a
governing
authority, board of trustees, or governing body
may
sell
ceases
to use
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
as
an educational facility within ten years of purchasing
that
property
,
the governing authority, board of trustees, or governing body shall
sell the property back

to
another
entity described in that division
the
seller it purchased the property from at the appraised fair market
value of the property as determined in an appraisal of the property
that is not more than one year old. If the seller refuses to purchase
the property, the governing authority, board of trustees, or
governing body shall offer the property for lease or sale to other
governing authorities of community schools, boards of trustees of any
college-preparatory boarding schools, governing bodies of any STEM
schools, and governing authorities of any chartered nonpublic schools
in the same manner as a school district under divisions (B) and (C)
of this section
.

(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.

(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)
A school district shall not demolish or permit any other entity,
including a municipal corporation, to demolish an unused school
facility unless both of the following conditions are satisfied:

(a)
The district has offered to sell or lease the unused facility to the
governing authorities of community schools, the boards of trustees of
any college-preparatory boarding schools, the governing bodies of any
STEM schools, and the governing authorities of any chartered
nonpublic schools in accordance with this section.

(b)
No community school, college-preparatory boarding school, STEM
school, or chartered nonpublic school that was offered the property
under this section accepts the offer to lease or buy the unused
facility.

(2)
If a school district fails to comply with this division, the Ohio
facilities construction commission shall impose a fine that is not
less than the appraised fair market value of the property, as
determined in an appraisal of the property that was completed before
demolition began.

(H)
No school district shall redevelop or otherwise substantially
renovate an unused school facility for noneducational purposes
without first offering the facility for sale as required under this
section.

(I)(1)
Not later than November 30, 2026, 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, 2026, and annually thereafter, the
department shall publish on its web site a list of unused school
facilities in each school district.

Sec.
3313.413.
(A)
As used in this section, "high-performing community school"
means a community school established under Chapter 3314. of the

Revise

Revised

Code
that meets any of the following conditions:

(1)
Except as provided for in division (A)(2) or (3) of this section, the
community school does both of the following:

(a)
The school has a higher performance index score than the school
district in which the school is located on the two most recent report
cards issued under section 3302.03 of the Revised Code.

(b)
The school either has a performance rating of four stars or higher
for progress on the most recent report card issued under section
3302.03 of the Revised Code or is a school described under division
(B)(1) of section 3314.35 of the Revised Code and did not receive a
rating for progress on the most recent report card.

(2)
If the community school serves only grades kindergarten through
three, the school received a performance rating of four stars or
higher for early literacy on its most recent report card issued under
section 3302.03 of the Revised Code.

(3)
If the community school has not commenced operations or has been in
operation for less than one school year, the school meets the
following conditions:

(a)
The school is replicating an operational and instructional model used
by a community school described in division (A)(1) or (2) of this
section.

(b)
The school either:

(i)
Has an operator that received an overall rating of three stars or
higher, or a "C" or higher, on its most recent performance
report published under section 3314.031 of the Revised Code;

(ii)
Does not have an operator and is sponsored by a sponsor that was
rated "exemplary" or "effective" on its most
recent evaluation conducted under section 3314.016 of the Revised
Code.

(B)
When a school district board of education decides to dispose of real
property it owns in its corporate capacity under section 3313.41 of
the Revised Code, the board shall first offer that property to the
governing authorities of all start-up community schools, the boards
of trustees of any college-preparatory boarding schools, and the
governing bodies of any STEM 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 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.

(1)
If more than one 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 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 governing authorities of high-performing
community schools that notified the district treasurer pursuant to
division (B) of this section are eligible to bid at the auction.

(2)
If 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 with the offers from all other start-up community
schools, college-preparatory boarding schools, and STEM schools made
pursuant to that division. If more than one such entity notifies the
district treasurer of its intention to purchase the property pursuant
to division (B) 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) of this section are eligible to bid at the auction.

(3)
If no governing authority, board of trustees, or governing body
notifies the district treasurer of its intention to purchase the
property pursuant to division (B) of this section, the district may
then offer the property for sale in the manner prescribed under
divisions (A) to (F) of section 3313.41 of the Revised Code.

(C)
Notwithstanding anything to the contrary in sections 3313.41 and
3313.411 of the Revised Code, the purchase price of any real property
sold to any of the entities in accordance with division (B) of this
section shall not be more than the appraised fair market value of
that property as determined in an appraisal of the property that is
not more than one year old.

(D)
Not later than the first day of October of each year, the department
of education and workforce shall post in a prominent location on its
web site a list of schools that qualify as high-performing community
schools for purposes of this section and section 3313.411 of the
Revised Code.

(E)
No district shall offer the property for sale in the manner
prescribed under divisions (A) to (F) of section 3313.41 of the
Revised Code to a municipal corporation unless the conditions under
this section are satisfied.

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.
3314.25.
(A)
As used in this section and section 3314.252 of the Revised Code:

(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 assessments
prescribed under sections 3301.0710 and 3301.0712 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 eleven 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)
An internet- or computer-based community school and a student's
parent or guardian shall determine whether a student takes state
assessments remotely under this section in accordance with section
3314.252 of the Revised Code.

(D)
The department of education and workforce shall, by the fifteenth day
of September of each year, publish on its publicly accessible web
site a report that analyzes the results of assessments that were
remotely administered and proctored under this section in the prior
school year to identify whether there were any signs of cheating or
any anomalous results.

Sec.
3314.252.
(A)
Each internet- or computer-based community school that administers
state assessments using remote proctoring under section 3314.25 of
the Revised Code shall provide parents with information regarding
available testing and proctoring options for enrolled students.

(B)
Not later than two weeks after a student's initial enrollment, the
school shall conduct a meeting or consultation with the student's
parent or guardian, which may occur in person, by telephone, or
through electronic communication, including electronic mail or other
digital means, to discuss the available testing administration and
proctoring options for the student.

During
the meeting or consultation, the school shall inform the student's
parent or guardian of the school's preferred method of administration
and proctoring of state assessments and any available alternative
options. A parent or guardian may elect an alternative state
assessment administration and proctoring option, and the school shall
accommodate such election to the extent practicable, taking into
consideration the student's educational needs and the feasibility of
available testing options.

If
a student's parent or guardian does not respond to the school's
reasonable attempts to conduct the meeting or consultation within two
weeks of the student's initial enrollment, the school may proceed
with the school's preferred method of administration and proctoring
of state assessments.

Notwithstanding
anything in this division to the contrary, if the student has an
individualized education program developed under Chapter 3323. of the
Revised Code that includes in-person administration and proctoring of
state assessments, the school shall provide in-person testing for the
student.

(C)
If in-person administration and proctoring is determined to be the
appropriate option for the student, the school shall provide the
student with access to a testing location within a fifty-mile radius
of the student's residence at which the student may complete state
assessments.

(D)
The school shall review the determination made under division (B) of
this section annually with the student's parent or guardian and may
revise the testing administration method if the school and parent
agree that a different proctoring method better serves the student's
needs. The school shall not revise a student's testing administration
method without the approval of the student's parent.

(E)
Nothing in this section shall be construed to permit a school to use
a method of administration and proctoring of state assessments for a
student that conflicts with the services included in the student's
individualized education program developed under Chapter 3323. of the
Revised Code.

Sec.
3318.08.
Except
in the case of a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code, if
the requisite favorable vote on the election is obtained, or if the
school district board has resolved to apply the proceeds of a
property tax levy or the proceeds of an income tax, or a combination
of proceeds from such taxes, as authorized in section 3318.052 of the
Revised Code, the Ohio facilities construction commission, upon
certification to it of either the results of the election or the
resolution under section 3318.052 of the Revised Code, shall enter
into a written agreement with the school district board for the
construction and sale of the project. In the case of a joint
vocational school district that receives assistance under sections
3318.40 to 3318.45 of the Revised Code, if the school district board
of education and the school district electors have satisfied the
conditions prescribed in division (D)(1) of section 3318.41 of the
Revised Code, the commission shall enter into an agreement with the
school district board for the construction and sale of the project.
In either case, the agreement shall include, but need not be limited
to, the following provisions:

(A)
The sale and issuance of bonds or notes in anticipation thereof, as
soon as practicable after the execution of the agreement, in an
amount equal to the school district's portion of the basic project
cost, including any securities authorized under division (J) of
section 133.06 of the Revised Code and dedicated by the school
district board to payment of the district's portion of the basic
project cost of the project; provided, that if at that time the
county treasurer of each county in which the school district is
located has not commenced the collection of taxes on the general
duplicate of real and public utility property for the year in which
the controlling board approved the project, the school district board
shall authorize the issuance of a first installment of bond
anticipation notes in an amount specified by the agreement, which
amount shall not exceed an amount necessary to raise the net bonded
indebtedness of the school district as of the date of the controlling
board's approval to within five thousand dollars of the required
level of indebtedness for the preceding year. In the event that a
first installment of bond anticipation notes is issued, the school
district board shall, as soon as practicable after the county
treasurer of each county in which the school district is located has
commenced the collection of taxes on the general duplicate of real
and public utility property for the year in which the controlling
board approved the project, authorize the issuance of a second and
final installment of bond anticipation notes or a first and final
issue of bonds.

The
combined value of the first and second installment of bond
anticipation notes or the value of the first and final issue of bonds
shall be equal to the school district's portion of the basic project
cost. The proceeds of any such bonds shall be used first to retire
any bond anticipation notes. Otherwise, the proceeds of such bonds
and of any bond anticipation notes, except the premium and accrued
interest thereon, shall be deposited in the school district's project
construction fund. In determining the amount of net bonded
indebtedness for the purpose of fixing the amount of an issue of
either bonds or bond anticipation notes, gross indebtedness shall be
reduced by moneys in the bond retirement fund only to the extent of
the moneys therein on the first day of the year preceding the year in
which the controlling board approved the project. Should there be a
decrease in the tax valuation of the school district so that the
amount of indebtedness that can be incurred on the tax duplicates for
the year in which the controlling board approved the project is less
than the amount of the first installment of bond anticipation notes,
there shall be paid from the school district's project construction
fund to the school district's bond retirement fund to be applied
against such notes an amount sufficient to cause the net bonded
indebtedness of the school district, as of the first day of the year
following the year in which the controlling board approved the
project, to be within five thousand dollars of the required level of
indebtedness for the year in which the controlling board approved the
project. The maximum amount of indebtedness to be incurred by any
school district board as its share of the cost of the project is
either an amount that will cause its net bonded indebtedness, as of
the first day of the year following the year in which the controlling
board approved the project, to be within five thousand dollars of the
required level of indebtedness, or an amount equal to the required
percentage of the basic project costs, whichever is greater. All
bonds and bond anticipation notes shall be issued in accordance with
Chapter 133. of the Revised Code, and notes may be renewed as
provided in section 133.22 of the Revised Code.

(B)
The transfer of such funds of the school district board available for
the project, together with the proceeds of the sale of the bonds or
notes, except premium, accrued interest, and interest included in the
amount of the issue, to the school district's project construction
fund;

(C)
For all school districts except joint vocational school districts
that receive assistance under sections 3318.40 to 3318.45 of the
Revised Code, the following provisions as applicable:

(1)
If section 3318.052 of the Revised Code applies, the earmarking of
the proceeds of a tax levied under section 5705.21 of the Revised
Code for general permanent improvements or under section 5705.218 of
the Revised Code for the purpose of permanent improvements, or the
proceeds of a school district income tax levied under Chapter 5748.
of the Revised Code, or the proceeds from a combination of those two
taxes, in an amount to pay all or part of the service charges on
bonds issued to pay the school district portion of the project and an
amount equivalent to all or part of the tax required under division
(B) of section 3318.05 of the Revised Code;

(2)
If section 3318.052 of the Revised Code does not apply, one of the
following:

(a)
The levy of the tax authorized at the election for the payment of
maintenance costs, as specified in division (B) of section 3318.05 of
the Revised Code;

(b)
If the school district electors have approved a continuing tax for
general permanent improvements under section 5705.21 of the Revised
Code and that tax can be used for maintenance, the earmarking of an
amount of the proceeds from such tax for maintenance of classroom
facilities as specified in division (B) of section 3318.05 of the
Revised Code;

(c)
If, in lieu of the tax otherwise required under division (B) of
section 3318.05 of the Revised Code, the commission has approved the
transfer of money to the maintenance fund in accordance with section
3318.051 of the Revised Code, a requirement that the district board
comply with the provisions of that section. The district board may
rescind the provision prescribed under division (C)(2)(c) of this
section only so long as the electors of the district have approved,
in accordance with section 3318.063 of the Revised Code, the levy of
a tax for the maintenance of the classroom facilities acquired under
the district's project and that levy continues to be collected as
approved by the electors.

(D)
For joint vocational school districts that receive assistance under
sections 3318.40 to 3318.45 of the Revised Code, provision for
deposit of school district moneys dedicated to maintenance of the
classroom facilities acquired under those sections as prescribed in
section 3318.43 of the Revised Code;

(E)
Dedication of any local donated contribution as provided for under
section 3318.084 of the Revised Code, including a schedule for
depositing such moneys applied as an offset of the district's
obligation to levy the tax described in division (B) of section
3318.05 of the Revised Code as required under division (D)(2) of
section 3318.084 of the Revised Code;

(F)
Ownership of or interest in the project during the period of
construction, which shall be divided between the commission and the
school district board in proportion to their respective contributions
to the school district's project construction fund;

(G)
Maintenance of the state's interest in the project until any
obligations issued for the project under section 3318.26 of the
Revised Code are no longer outstanding;

(H)
The insurance of the project by the school district from the time
there is an insurable interest therein and so long as the state
retains any ownership or interest in the project pursuant to division
(F) of this section, in such amounts and against such risks as the
commission shall require; provided, that the cost of any required
insurance until the project is completed shall be a part of the basic
project cost;

(I)
The certification by the director of budget and management that funds
are available and have been set aside to meet the state's share of
the basic project cost as approved by the controlling board pursuant
to either section 3318.04 or division (B)(1) of section 3318.41 of
the Revised Code;

(J)
Authorization of the school district board to advertise for and
receive construction bids for the project, for and on behalf of the
commission, and to award contracts in the name of the state subject
to approval by the commission;

(K)
Provisions for the disbursement of moneys from the school district's
project account upon issuance by the commission or the commission's
designated representative of vouchers for work done to be certified
to the commission by the treasurer of the school district board;

(L)
Disposal of any balance left in the school district's project
construction fund upon completion of the project;

(M)
Limitations upon use of the project or any part of it so long as any
obligations issued to finance the project under section 3318.26 of
the Revised Code are outstanding;

(N)
Provision for vesting the state's interest in the project to the
school district board when the obligations issued to finance the
project under section 3318.26 of the Revised Code are outstanding;

(O)
Provision for deposit of an executed copy of the agreement in the
office of the commission;

(P)
Provision for termination of the contract and release of the funds
encumbered at the time of the conditional approval, if the proceeds
of the sale of the bonds of the school district board are not paid
into the school district's project construction fund and if bids for
the construction of the project have not been taken within such
period after the execution of the agreement as may be fixed by the
commission;

(Q)
A provision that requires the school district to adhere to a
facilities maintenance plan approved by the commission;

(R)
Provision that all state funds reserved and encumbered to pay the
state share of the cost of the project and the funds provided by the
school district to pay for its share of the project cost, including
the respective shares of the cost of a segment if the project is
divided into segments, be spent on the construction and acquisition
of the project or segment simultaneously in proportion to the state's
and the school district's respective shares of that basic project
cost as determined under section 3318.032 of the Revised Code or, if
the district is a joint vocational school district, under section
3318.42 of the Revised Code. However, if the school district
certifies to the commission that expenditure by the school district
is necessary to maintain the federal tax status or tax-exempt status
of notes or bonds issued by the school district to pay for its share
of the project cost or to comply with applicable temporary investment
periods or spending exceptions to rebate as provided for under
federal law in regard to those notes or bonds, the school district
may commit to spend, or spend, a greater portion of the funds it
provides during any specific period than would otherwise be required
under this division.

(S)
A provision stipulating that the commission may prohibit the district
from proceeding with any project if the commission determines that
the site is not suitable for construction purposes. The commission
may perform soil tests in its determination of whether a site is
appropriate for construction purposes.

(T)
A provision stipulating that, unless otherwise authorized by the
commission, any contingency reserve portion of the construction
budget prescribed by the commission shall be used only to pay costs
resulting from unforeseen job conditions, to comply with rulings
regarding building and other codes, to pay costs related to design
clarifications or corrections to contract documents, and to pay the
costs of settlements or judgments related to the project as provided
under section 3318.086 of the Revised Code;

(U)
A provision stipulating that for continued release of project funds
the school district board shall comply with sections 3313.41,
3313.411, and 3313.413 of the Revised Code throughout the project and
shall notify the department of education and workforce and the Ohio
community school association when the board plans to dispose of
facilities by sale under that section;

(V)
A provision stipulating that the commission shall not approve a
contract for demolition of a facility until the school district board
has complied with sections 3313.41
,
3313.411,

and 3313.413 of the Revised Code relative to that facility, unless
demolition of that facility is to clear a site for construction of a
replacement facility included in the district's project
;

(W)
A provision stipulating that the commission shall not approve a
contract for demolition of a facility until the school district board
has complied with section 3313.411 of the Revised Code relative to
that facility
.

Sec.
3319.2210.
(A)
The state board of education shall issue a one-year nonrenewable
out-of-state educator license, valid for teaching the grade levels
and curriculum areas named in such license, upon the request of an
employing school district to a qualified applicant who meets all of
the following requirements:

(1)
Is deemed to be of good moral character;

(2)
Is an out-of-state applicant and the holder of a valid out-of-state
teaching license who has completed a baccalaureate degree, an
approved teacher preparation program, and the examination prescribed
by the state in which the licensure is held, but who has not yet
successfully completed the examination prescribed by the state board
for Ohio licensure;

(3)
Except as provided in division (B) of this section, has completed at
least six of the required twelve semester hours of coursework in the
teaching of reading as described in section 3319.24 of the Revised
Code for educators requesting an early childhood, primary, middle
childhood, pre-kindergarten through eight, intervention specialist,
early childhood intervention specialist, or primary intervention
specialist license. The remaining coursework requirement shall be
listed as a limitation on the license and must be completed before
the out-of-state license expires.

(B)
(B)(1)

An applicant for a one-year nonrenewable out-of-state educator
license who successfully completes Ohio's foundations of reading exam
on the applicant's first attempt shall not be required to have
completed at least six of the required twelve semester hours of
coursework in the teaching of reading as described in section 3319.24
of the Revised Code prior to receipt of the license.

(2)
An applicant for a one-year nonrenewable out-of-state educator
license shall not be required to complete any coursework in the
teaching of reading as described in section 3319.24 of the Revised
Code if the applicant successfully completed Ohio's foundations of
reading exam on the applicant's first attempt prior to receipt of
that license.

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

Except
as provided in division (C) of this section, 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, 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 resident or professional educator license who
holds a one-year nonrenewable out-of-state educator license issued
under section 3319.2210 of the Revised Code shall not be required to
complete the coursework in the teaching of reading otherwise required
under this section to receive a resident educator license or
professional educator license if the applicant successfully completed
Ohio's foundations of reading exam on the applicant's first attempt
prior to receipt of the out-of-state 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 Title XXXIII
of the Revised Code or any other provision of the Revised Code
related to school districts, schools operated by school districts, or
students who receive services from school districts.

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.
3321.16.
(A)
An attendance officer or assistant provided for by section 3321.14 or
3321.15 of the Revised Code may investigate any case of nonattendance
at school or part-time school of a child under eighteen years of age
or supposed to be under eighteen years of age resident in the
district for which such attendance officer or assistant is employed,
or of any such child found in the district or enrolled in any school
within the district and of any child above eighteen years of age if
enrolled in any school within the district, and may take such action
as the superintendent of schools directs or as such attendance
officer or assistant deems proper in the absence of specific
direction.

(B)(1)
Subject to divisions (B)(2) and (3) of this section, the
(B)
The

attendance officer shall file a complaint in the juvenile court
against any student to which
any
both

of the following apply:

(1)
The student meets one of the following conditions in a school year:

(a)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for thirty or more consecutive
hours.

(b)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for forty-two or more hours in
one school month.

(c)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for seventy-two or more hours
in a school year.

(2)

If
the student's district or school determines that the student and the
student's family are making satisfactory progress in improving the
student's attendance at school, the attendance officer shall not file
a complaint.

(3)
If no determination of progress under division (B)(2) of this section
is made, or if the student and the student's family cease to continue
making progress in improving the student's attendance, the attendance
officer shall file a complaint in the juvenile court against the
student.
After
meeting a condition under division (B)(1) of this section, the
student is subsequently absent without legitimate excuse from the
public school the child is supposed to attend in the same school
year.

A
complaint filed in the juvenile court under division
(B)(3)
(B)

of this section shall allege that the child is an unruly child for
being a habitual truant and that the parent, guardian, or other
person having care of the child has violated section 3321.38 of the
Revised Code.

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, 3313.41,
3313.411, 3313.413, 3313.536, 3318.08, 3319.2210, 3319.24, 3319.31,
3319.316, 3319.391
,
3321.16
,
and 3327.10 of the Revised Code are hereby repealed.

Section
3.
That

sections

3313.85

and 3314.25

of the Revised Code
are

hereby
repealed.

Section
4.
Notwithstanding
any provision of section 3313.411 of the Revised Code to the
contrary, for the 2026 calendar year, a school district may report
the information required under division (I)(1) of that section to the
Department of Education and Workforce not later than February 28,
2027. For any such school district, the department shall publish the
list of unused school facilities in the district as required under
division (I)(2) of that section not later than thirty days after
receipt of the information.