Enact Hailey's Law

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 379

2025-2026

Senators Reynolds, Roegner

To
amend sections 3313.60, 3314.03, 3326.11, and 3328.24 and to enact
sections 109.44, 1349.07, 1349.071, 1349.072, 1349.073, 1349.074,
1349.075, 3301.0733, 3313.6034, and 5502.523 of the Revised Code
to
require the Attorney General to establish a statewide camera footage
registry system, to impose various requirements on gaming platform
providers and developers, to require public schools to provide
grooming awareness and prevention instruction, and to name the act
Hailey's Law.

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

Section
1.
That

sections
3313.60, 3314.03, 3326.11, and 3328.24 be amended and
sections

109.44,

1349.07,
1349.071, 1349.072, 1349.073, 1349.074, 1349.075
,
3301.0733, 3313.6034, and 5502.523

of the Revised Code be enacted to read as follows:

Sec.
109.44.
(A)
As used in this section, "law enforcement agency" has the
same meaning as in section 109.573 of the Revised Code.

(B)
The attorney general shall establish and maintain a statewide camera
footage registry system.

(C)
Any person may voluntarily submit camera footage to the attorney
general for placement in the statewide camera footage registry
system. The attorney general shall place submitted camera footage in
the system if the attorney general determines that the footage
depicts or may depict a crime.

(D)
Camera footage placed in the statewide camera footage registry system
may, upon request, be provided to any law enforcement agency.

(E)
The attorney general shall adopt rules under Chapter 119. of the
Revised Code to implement this section.

Sec.
1349.07.
As
used in sections 1349.07 to 1349.075 of the Revised Code:

(A)
"Adult" means an individual who is at least eighteen years
of age.

(B)
"Age category" means one of the following categories of
individuals based on age:

(1)
Child;

(2)
Younger teenager;

(3)
Older teenager;

(4)
Adult.

(C)
"Age category data" means information about a user's age
category that is collected by a gaming platform provider and shared
with a developer.

(D)
"Age rating" means a classification that provides an
assessment of the suitability of the content and functions of a video
game for different age groups.

(E)
"Child" means an individual who is less than thirteen years
of age.

(F)
"Content description" means a description of the specific
content elements or functions that inform the age rating of a video
game.

(G)(1)
"Developer" means a person that owns or controls a video
game made available through a gaming platform in this state.

(2)
"Developer" excludes a person who purchases or rents a
video game.

(H)
"Gaming platform" means software or hardware used to play
video games, that provides a foundation for individuals to access a
variety of video games, and serves as a gateway to connect with
others, access game libraries, and enjoy gaming experiences. "Gaming
platform" includes video game consoles with internet access,
personal computers, mobile devices, cloud gaming services, and
virtual reality platforms.

(I)
"Gaming platform provider" means a person that owns,
operates, or controls a gaming platform that allows users in this
state to download or play video games. "Gaming platform
provider" excludes the user of a gaming platform.

(J)
"Knowingly" means to act with actual knowledge or with
knowledge fairly inferred based on objective circumstances.

(K)
"Minor" means an individual who is less than eighteen years
of age, unless either of the following apply:

(1)
The individual is married.

(2)
The individual is an emancipated minor.

(L)
"Minor account" means an account with a gaming platform
provider that is established by an individual who the provider
determines is a minor through the provider's age category
verification methods and requires affiliation with a parent account.

(M)
"Older teenager" means an individual who is at least
sixteen years of age and less than eighteen years of age.

(N)
"Parent" means, with respect to a minor, an individual who
is reasonably believed to be a parent, a legal guardian, an
individual with legal custody, or any other individual who has the
legal right to make decisions on behalf of the minor.

(O)
"Parent account" means an account with a gaming platform
provider that is verified to be established by an individual who the
provider determines is an adult, an individual who is less than
eighteen years old and is married, or an emancipated minor through
the provider's age category verification methods and may be
affiliated with one or more minor accounts.

(P)
"Parental consent disclosure" means the following
information:

(1)
The age rating, if any, for the video game or intra-video game
purchase;

(2)
The content description, if any, for the video game or intra-video
game purchase;

(3)
A description of both of the following:

(a)
The personal data collected by the video game from a user;

(b)
The personal data shared by the video game with a third party.

(4)
If personal data is collected by the video game, the methods
implemented by the developer to protect the personal data.

(Q)
"Significant change" means a material modification to the
terms of service or privacy policy of a video game that does any of
the following:

(1)
Changes the categories of data collected, stored, or shared;

(2)
Alters the age rating or content descriptions of the video game;

(3)
Adds new monetization features, including intra-video game purchases
or advertisements;

(4)
Materially changes the functionality of or user experience in the
video game.

(R)
"Verifiable parental consent" means authorization that
meets all of the following:

(1)
Is provided by an individual who the gaming platform provider
verifies to be an adult;

(2)
Is given after the gaming platform provider clearly and conspicuously
provides the parental consent disclosure to the individual;

(3)
Requires the individual to make an affirmative choice to grant or
decline consent.

(S)
"Video game" means an electronic game in which one or more
players control images on a video screen.

(T)
"Younger teenager" means an individual who is at least
thirteen years of age and less than sixteen years of age.

Sec.
1349.071.
(A)
A gaming platform provider shall do all of the following:

(1)
At the time an individual located in this state creates an account
with the provider, both of the following:

(a)
Request age category data about the individual;

(b)
Verify the age category of the individual using either of the
following:

(i)
Commercially available methods that are reasonably designed to ensure
accuracy;

(ii)
An age category verification method or process that complies with
rules adopted by the director of commerce under division (C) of this
section.

(2)
If the age category verification method or process described in
division (A)(1) of this section determines that the individual is a
minor, both of the following:

(a)
Require the account to be affiliated with a parent account;

(b)
Obtain verifiable parental consent from the holder of the affiliated
parent account each time before allowing a minor to do any of the
following:

(i)
Download a video game;

(ii)
Purchase a video game;

(iii)
Make an intra-video game purchase.

(3)
After receiving notice of a significant change from a developer, both
of the following:

(a)
Notify all users that have downloaded the video game from a location
in this state of the significant change;

(b)
For a minor account holder, both of the following:

(i)
Notify the affiliated parent account;

(ii)
Obtain renewed verifiable parental consent.

(4)
Provide a developer, in response to a request authorized under
section 1349.072 of the Revised Code, both of the following:

(a)
Age category data for a user located in this state;

(b)
The status of verifiable parental consent for a minor located in this
state.

(5)
Notify a developer when a parent revokes parental consent;

(6)
Protect personal age category verification data by doing both of the
following:

(a)
Limiting collection and processing to data necessary for the
following:

(i)
Verifying a user's age category;

(ii)
Obtaining parental consent;

(iii)
Maintaining compliance records.

(b)
Transmitting personal age category verification data using industry
standard encryption protocols that ensure data integrity and
confidentiality.

(B)
A gaming platform provider shall not do any of the following:

(1)
Enforce a contract or terms of service against a minor unless the
provider has obtained verifiable parental consent;

(2)
Knowingly misrepresent information in a parental consent disclosure;

(3)
Share personal age category verification data except as follows:

(a)
Between the provider and a developer as required by sections 1349.07
to 1349.075 of the Revised Code;

(b)
As otherwise required by law.

(C)
The director of commerce shall adopt rules in accordance with Chapter
119. of the Revised Code establishing processes and means by which a
gaming platform provider may verify whether an account holder is a
minor in accordance with this section.

Sec.
1349.072.
(A)
A developer shall do all of the following:

(1)
Verify through the gaming platform's data sharing methods both of the
following:

(a)
The age category of users located in this state;

(b)
For a minor account, whether verifiable parental consent has been
obtained.

(2)
Notify gaming platform providers of any significant change to the
developer's video game;

(3)
Use age category data received from a gaming platform provider to do
all of the following:

(a)
Enforce any developer-created age-related restrictions;

(b)
Ensure compliance with applicable laws and regulations;

(c)
Implement any developer-created safety-related features or defaults.

(4)
Request personal age category verification data or parental consent
at all of the following times:

(a)
When a user downloads or purchases the video game;

(b)
When implementing a significant change to the video game;

(c)
Whenever necessary to comply with applicable laws or regulations.

(B)(1)
A developer shall not request personal age category verification data
or parental consent more than every twelve months to verify either of
the following:

(a)
Accuracy of user age category verification data;

(b)
Continued account use within the verified age category.

(2)
Division (B)(1) of this section does not prohibit a developer from
requesting personal age category verification data or parental
consent when there is reasonable suspicion of either of the
following:

(a)
Account transfer;

(b)
Misuse outside of the verified age category.

(3)
Division (B)(1) of this section does not prohibit a developer from
requesting personal age category verification data or parental
consent at the time a user creates a new account with the developer.

(C)
When implementing any developer-created safety-related features or
defaults, a developer shall use the lowest age category indicated by
either:

(1)
Age category verification data provided by a gaming platform
provider;

(2)
Age category data independently collected by the developer.

(D)
A developer shall not do any of the following:

(1)
Enforce a contract or terms of service against a minor unless the
developer has verified through the gaming platform provider that
verifiable parental consent has been obtained;

(2)
Knowingly misrepresent any information in a parental consent
disclosure;

(3)
Share age category data with any other person.

Sec.
1349.073.
(A)
A violation of division (B)(2) of section 1349.071 or division (D)(2)
of section 1349.072 of the Revised Code is an unfair or deceptive act
or practice in violation of section 1345.02 of the Revised Code.
Notwithstanding section 1345.09 of the Revised Code to the contrary,
only the persons described in division (B) of this section have a
private cause of action for a violation of division (B)(2) of section
1349.071 or division (D)(2) of section 1349.072 of the Revised Code.

(B)
The following persons have a private cause of action for any
violation of sections 1349.07 to 1349.075 of the Revised Code:

(1)
A minor or the parent of that minor who is harmed by a violation of
division (B) of section 1349.071 of the Revised Code has a cause of
action against the gaming platform provider.

(2)
A minor or a parent of that minor who is harmed by a violation of
division (D) of section 1349.072 of the Revised Code has a cause of
action against the developer.

(C)
Notwithstanding section 1345.09 of the Revised Code to the contrary
for a violation of division (B)(2) of section 1349.071 or division
(D)(2) of section 1349.072 of the Revised Code, but subject to
section 1349.074 of the Revised Code, a prevailing minor or parent in
an action permitted under division (B) of this section is entitled to
all of the following relief:

(1)
Actual damages or one thousand dollars for each violation, whichever
is greater;

(2)
Reasonable attorney's fees;

(3)
Litigation costs.

Sec.
1349.074.
(A)
A developer is not liable for a violation of section 1349.072 of the
Revised Code that the developer demonstrates was caused by the
developer's good faith reliance on either of the following:

(1)
Personal age category verification data provided by a gaming platform
provider;

(2)
If the personal age category verification data indicates that the
user is a minor, notification from a gaming platform provider that
verifiable parental consent was obtained.

(B)
A developer is not liable for a violation of division (D)(2) of
section 1349.072 of the Revised Code if the developer demonstrates
both of the following:

(1)
The developer uses widely adopted industry standards to determine the
age category of the video game and the content description
disclosure.

(2)
The developer applies those standards consistently and in good faith.

(C)
This section applies only to actions brought under section 1349.073
of the Revised Code and does not limit a developer's or gaming
platform provider's liability under any other applicable law.

(D)
Nothing in this section shall be construed to displace any other
available remedies authorized under the laws of this state or the
United States.

Sec.
1349.075.
Nothing
in sections 1349.07 to 1349.075 of the Revised Code shall be
construed to do any of the following:

(A)
Prevent a gaming platform provider or developer from taking
reasonable measures to do any of the following:

(1)
Block, detect, or prevent distribution to minors of unlawful,
obscene, or harmful material;

(2)
Block or filter spam;

(3)
Prevent criminal activity;

(4)
Protect gaming platform or video game security.

(B)
Require a gaming platform provider to disclose user information to a
developer other than the following:

(1)
Age category;

(2)
Verification of parental consent status.

(C)
Allow a gaming platform provider or developer to implement measures
required by sections 1349.07 to 1349.075 of the Revised Code in a
manner that is arbitrary, capricious, adverse to competition, or
unlawful;

(D)
Require a gaming platform provider or developer to obtain parental
consent for a video game that meets all of the following:

(1)
Provides direct access to emergency services, including:

(a)
9-1-1;

(b)
Crises hotlines;

(c)
Other emergency assistance services legally available to minors.

(2)
Limits data collection to information necessary to provide emergency
services in compliance with the "Children's Online Privacy
Protection Act," 15 U.S.C. 6501, et seq.;

(3)
Provides access without requiring account creation or collection of
unnecessary personal information;

(4)
Is operated by or in partnership with any of the following:

(a)
A government entity;

(b)
A nonprofit organization;

(c)
An authorized emergency service provider.

(E)
Require a developer to collect, retain, reidentify, or link any
information beyond what is both:

(1)
Necessary to verify age categories and parental consent status as
required by sections 1349.07 to 1349.075 of the Revised Code;

(2)
Collected, retained, reidentified, or linked in the developer's
ordinary course of business.

Sec.
3301.0733.
The
department of education and workforce shall conduct a review of
available resources and develop a list of curricula, materials,
programs, and instructional strategies related to the grooming
awareness and prevention instruction required under section 3313.6034
of the Revised Code that school districts, community schools
established under Chapter 3314. of the Revised Code, STEM schools
established under Chapter 3326. of the Revised Code, and
college-preparatory boarding schools established under Chapter 3328.
of the Revised Code may use in providing that instruction.
Periodically, the department shall review and update the list
developed under this section.

Sec.
3313.60.
Notwithstanding
division (D) of section 3311.52 of the Revised Code, divisions (A) to
(E) of this section do not apply to any cooperative education school
district established pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code.

(A)
The board of education of each city, exempted village, and local
school district and the board of each cooperative education school
district established, pursuant to section 3311.521 of the Revised
Code, shall prescribe a curriculum for all schools under its control.
Except as provided in division (E) of this section, in any such
curriculum there shall be included the study of the following
subjects:

(1)
The language arts, including reading, writing, spelling, oral and
written English, and literature;

(2)
Geography, the history of the United States and of Ohio, and
national, state, and local government in the United States, including
a balanced presentation of the relevant contributions to society of
men and women of African, Mexican, Puerto Rican, and American Indian
descent as well as other ethnic and racial groups in Ohio and the
United States;

(3)
Mathematics;

(4)
Natural science, including instruction in the conservation of natural
resources;

(5)
Health education, which shall include instruction in:

(a)
The nutritive value of foods, including natural and organically
produced foods, the relation of nutrition to health, and the use and
effects of food additives;

(b)
The harmful effects of and legal restrictions against the use of
drugs of abuse, alcoholic beverages, and tobacco, including
electronic smoking devices;

(c)
Sexually transmitted infection education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in sexually transmitted infection
education;

(d)
In grades kindergarten through six, annual developmentally
appropriate instruction in child sexual abuse prevention, including
information on available counseling and resources for children who
are sexually abused. Such instruction and information provided shall
not be connected in any way to any individual, entity, or
organization that provides, promotes, counsels, or makes referrals
for abortion or abortion-related services. Upon written request of
the student's parent or guardian, a student shall be excused from
taking instruction in child sexual abuse prevention.

(e)
In grades kindergarten through six, instruction in personal safety
and assault prevention, except that upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in personal safety and assault prevention;

(f)
In grades seven through twelve, developmentally appropriate
instruction in dating violence prevention education and sexual
violence prevention education, which shall include instruction in
recognizing dating violence warning signs and characteristics of
healthy relationships, except that upon written request of the
student's parent or guardian a student shall be excused from taking
instruction in sexual violence prevention.

In
order to assist school districts in developing a dating violence
prevention education and sexual violence prevention education
curriculum, the department of education and workforce shall provide
on its web site links to free curricula addressing dating violence
prevention and sexual violence prevention education. Such instruction
and information shall not be connected in any way to any individual,
entity, or organization that provides, promotes, counsels, or makes
referrals for abortion or abortion-related services.

Each
school district shall notify the parents and legal guardians of
students who receive instruction related to child sexual abuse
prevention and sexual violence prevention, as described under
divisions (A)(5)(d) and (f) of this section, of all of the following:

(i)
That instruction in child sexual abuse prevention and sexual violence
prevention is a required part of the district's curriculum;

(ii)
That upon request, parents and legal guardians may examine such
instructional materials in accordance with this section;

(iii)
That upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in child sexual
abuse prevention and sexual violence prevention.

If
the parent or legal guardian of a student less than eighteen years of
age submits to the principal of the student's school a written
request to examine the dating violence prevention and sexual violence
prevention instruction materials used at that school, the principal,
within forty-eight hours after the request is made, shall allow the
parent or guardian to examine those materials at that school.

(g)
Prescription opioid abuse prevention, with an emphasis on the
prescription drug epidemic and the connection between prescription
opioid abuse and addiction to other drugs, such as heroin;

(h)
The process of making an anatomical gift under Chapter 2108. of the
Revised Code, with an emphasis on the life-saving and life-enhancing
effects of organ and tissue donation;

(i)
Beginning with the first day of the next school year that begins at
least two years after March 24, 2021, in grades six through twelve,
at least one hour or one standard class period per school year of
evidence-based suicide awareness and prevention and at least one hour
or one standard class period per school year of safety training and
violence prevention, except that upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in suicide awareness and prevention or safety training
and violence prevention;

(j)
Beginning with the first day of the next school year that begins at
least two years after March 24, 2021, in grades six through twelve,
at least one hour or one standard class period per school year of
evidence-based social inclusion instruction, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in social inclusion
;

(k)
Grooming awareness and prevention instruction in accordance with
section 3313.6034 of the Revised Code
.

For
the instruction required under divisions (A)(5)(i) and (j) of this
section, the board shall use a training program approved by the
department of education and workforce under section 3301.221 of the
Revised Code.

Schools
may use student assemblies, digital learning, and homework to satisfy
the instruction requirements under divisions (A)(5)(i) and (j) of
this section.

(6)
Physical education;

(7)
The fine arts, including music;

(8)
First aid, including a training program in cardiopulmonary
resuscitation, which shall comply with section 3313.6021 of the
Revised Code when offered in any of grades nine through twelve,
safety, and fire prevention. However, upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in cardiopulmonary resuscitation.

(B)
Except as provided in division (E) of this section, every school or
school district shall include in the requirements for promotion from
the eighth grade to the ninth grade one year's course of study of
American history. A board may waive this requirement for academically
accelerated students who, in accordance with procedures adopted by
the board, are able to demonstrate mastery of essential concepts and
skills of the eighth grade American history course of study.

(C)
As specified in divisions (B)(6) and (C)(6) of section 3313.603 of
the Revised Code, except as provided in division (E) of this section,
every high school shall include in the requirements for graduation
from any curriculum one-half unit each of American history and
government.

(D)
Except as provided in division (E) of this section, basic instruction
or demonstrated mastery in geography, United States history, the
government of the United States, the government of the state of Ohio,
local government in Ohio, the Declaration of Independence, the United
States Constitution, and the Constitution of the state of Ohio shall
be required before pupils may participate in courses involving the
study of social problems, economics, foreign affairs, United Nations,
world government, socialism, and communism.

(E)
For each cooperative education school district established pursuant
to section 3311.521 of the Revised Code and each city, exempted
village, and local school district that has territory within such a
cooperative district, the curriculum adopted pursuant to divisions
(A) to (D) of this section shall only include the study of the
subjects that apply to the grades operated by each such school
district. The curricula for such schools, when combined, shall
provide to each student of these districts all of the subjects
required under divisions (A) to (D) of this section.

(F)
The board of education of any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code shall prescribe a curriculum for the subject areas
and grade levels offered in any school under its control.

(G)
Upon the request of any parent or legal guardian of a student, the
board of education of any school district shall permit the parent or
guardian to promptly examine, with respect to the parent's or
guardian's own child:

(1)
Any survey or questionnaire, prior to its administration to the
child;

(2)
Any textbook, workbook, software, video, or other instructional
materials being used by the district in connection with the
instruction of the child;

(3)
Any completed and graded test taken or survey or questionnaire filled
out by the child;

(4)
Copies of the statewide academic standards and each model curriculum
developed pursuant to section 3301.079 of the Revised Code, which
copies shall be available at all times during school hours in each
district school building.

Sec.
3313.6034.
(A)
Each city, local, exempted village, and joint vocational school
district, community school established under Chapter 3314. of the
Revised Code, STEM school established under Chapter 3326. of the
Revised Code, and college-preparatory boarding school established
under Chapter 3328. of the Revised Code shall include in the
district's or school's curriculum annual, developmentally appropriate
instruction in grooming awareness and prevention. Each district or
school shall ensure that the instruction prepares students to do all
of the following:

(1)
Recognize grooming behaviors, manipulation tactics, and boundary
testing;

(2)
Understand how predators build trust and exploit vulnerabilities over
time;

(3)
Identify warning signs across mobile applications, games, direct
messages, and other online interactions;

(4)
Know how to respond, save evidence, find online support, and tell a
trusted adult about the grooming;

(5)
Protect themselves and their peers who may be targeted.

(B)
Prior to providing annual grooming awareness and prevention
instruction under this section, each district or school shall notify
parents of the upcoming instruction. Upon written request of a
student's parent or guardian, the district or school shall excuse the
student from taking that instruction.

(C)
Each district or school shall develop the instruction required under
this section in consultation with child safety experts and a law
enforcement agency. Periodically, the district or school shall review
the instruction and update it, including to incorporate instruction
regarding new technologies.

(D)
Annually, each district or school shall certify to the department of
education and workforce, in a form and manner established by the
department, whether the district or school is compliant with this
section.

Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director under
this section.

(A)
Each contract entered into between a sponsor and the governing
authority of a community school shall specify the following:

(1)
That the school shall be established as either of the following:

(a)
A nonprofit corporation established under Chapter 1702. of the
Revised Code, if established prior to April 8, 2003;

(b)
A public benefit corporation established under Chapter 1702. of the
Revised Code, if established after April 8, 2003.

(2)
The education program of the school, including the school's mission
and educational philosophy, the characteristics of the students the
school is expected to attract, the ages and grades of students, and
the focus of the curriculum;

(3)
The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those goals, which shall
include the statewide achievement assessments;

(4)
Performance standards, including but not limited to all applicable
report card measures set forth in section 3302.03 or 3314.017 of the
Revised Code, by which the success of the school will be evaluated by
the sponsor;

(5)
The admission standards of section 3314.06 of the Revised Code and,
if applicable, section 3314.061 of the Revised Code;

(6)(a)
Dismissal procedures;

(b)
A requirement that the governing authority adopt an attendance policy
that includes a procedure for automatically withdrawing a student
from the school if the student without a legitimate excuse fails to
participate in seventy-two consecutive hours of the learning
opportunities offered to the student.

(7)
The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;

(8)
Requirements for financial audits by the auditor of state. The
contract shall require financial records of the school to be
maintained in the same manner as are financial records of school
districts, pursuant to rules of the auditor of state. Audits shall be
conducted in accordance with section 117.10 of the Revised Code.

(9)
An addendum to the contract outlining the facilities to be used that
contains at least the following information:

(a)
A detailed description of each facility used for instructional
purposes;

(b)
The annual costs associated with leasing each facility that are paid
by or on behalf of the school;

(c)
The annual mortgage principal and interest payments that are paid by
the school;

(d)
The name of the lender or landlord, identified as such, and the
lender's or landlord's relationship to the operator, if any.

(10)
Qualifications of employees, including both of the following:

(a)
A requirement that the school's classroom teachers be licensed in
accordance with sections 3319.22 to 3319.31 of the Revised Code,
except that a community school may engage noncertificated persons to
teach up to twelve hours or forty hours per week pursuant to section
3319.301 of the Revised Code;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(11)
That the school will comply with the following requirements:

(a)
The school will provide learning opportunities to a minimum of
twenty-five students for a minimum of nine hundred twenty hours per
school year.

(b)
The governing authority will purchase liability insurance, or
otherwise provide for the potential liability of the school.

(c)
The school will be nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution.

(d)
The school will comply with sections 9.90, 9.91, 109.65, 121.22,
149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712,
3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037, 3313.472,
3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318,
3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031,

3313.6034,

3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671,
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719,
3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814,
3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89,
3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318,
3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46,
3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01,
3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if it were a
school district and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised Code.

(e)
The school shall comply with Chapter 102. and section 2921.42 of the
Revised Code.

(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum of a
high school prior to receiving a high school diploma shall be met by
completing the requirements prescribed in section 3313.6027 and
division (C) of section 3313.603 of the Revised Code, unless the
person qualifies under division (D) or (F) of that section. Each
school shall comply with the plan for awarding high school credit
based on demonstration of subject area competency, and beginning with
the 2017-2018 school year, with the updated plan that permits
students enrolled in seventh and eighth grade to meet curriculum
requirements based on subject area competency adopted by the
department under divisions (J)(1) and (2) of section 3313.603 of the
Revised Code. Beginning with the 2018-2019 school year, the school
shall comply with the framework for granting units of high school
credit to students who demonstrate subject area competency through
work-based learning experiences, internships, or cooperative
education developed by the department under division (J)(3) of
section 3313.603 of the Revised Code.

(g)
The school governing authority will submit within four months after
the end of each school year a report of its activities and progress
in meeting the goals and standards of divisions (A)(3) and (4) of
this section and its financial status to the sponsor and the parents
of all students enrolled in the school.

(h)
The school, unless it is an internet- or computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.

(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the Revised
Code as if it were a school district.

(j)
If the school operates a preschool program that is licensed by the
department under sections 3301.52 to 3301.59 of the Revised Code, the
school shall comply with sections 3301.50 to 3301.59 of the Revised
Code and the minimum standards for preschool programs prescribed in
rules adopted by the department of children and youth under section
3301.53 of the Revised Code.

(k)
The school will comply with sections 3313.6021 and 3313.6023 of the
Revised Code as if it were a school district unless it is either of
the following:

(i)
An internet- or computer-based community school;

(ii)
A community school in which a majority of the enrolled students are
children with disabilities as described in division (B)(2) of section
3314.35 of the Revised Code.

(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.

(m)
The school will comply with section 3313.7118 of the Revised Code if
it serves elementary school students.

(12)
Arrangements for providing health and other benefits to employees;

(13)
The length of the contract, which shall begin at the beginning of an
academic year. No contract shall exceed five years unless such
contract has been renewed pursuant to division (D) of this section.

(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;

(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.

(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 3314.07 of the Revised Code;

(17)
Whether the school is to be created by converting all or part of an
existing public school or educational service center building or is
to be a new start-up school, and if it is a converted public school
or service center building, both of the following:

(a)
Specification of any duties or responsibilities of an employer that
the board of education or service center governing board that
operated the school or building before conversion is delegating to
the governing authority of the community school with respect to all
or any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;

(b)
Alternative arrangements for current public school students who
choose not to attend the converted school and for teachers who choose
not to teach in the school or building after conversion.

(18)
Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing
authority of the community school;

(19)
A provision requiring the governing authority to adopt a policy
regarding the admission of students who reside outside the district
in which the school is located. That policy shall comply with the
admissions procedures specified in sections 3314.06 and 3314.061 of
the Revised Code and, at the sole discretion of the authority, shall
do one of the following:

(a)
Prohibit the enrollment of students who reside outside the district
in which the school is located;

(b)
Permit the enrollment of students who reside in districts adjacent to
the district in which the school is located;

(c)
Permit the enrollment of students who reside in any other district in
the state.

(20)
A provision recognizing the authority of the department to take over
the sponsorship of the school in accordance with the provisions of
division (C) of section 3314.015 of the Revised Code;

(21)
A provision recognizing the sponsor's authority to assume the
operation of a school under the conditions specified in division (B)
of section 3314.073 of the Revised Code;

(22)
A provision recognizing both of the following:

(a)
The authority of public health and safety officials to inspect the
facilities of the school and to order the facilities closed if those
officials find that the facilities are not in compliance with health
and safety laws and regulations;

(b)
The authority of the department as the community school oversight
body to suspend the operation of the school under section 3314.072 of
the Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to the
health and safety of the school's students and employees and the
sponsor refuses to take such action.

(23)
A description of the learning opportunities that will be offered to
students including both classroom-based and non-classroom-based
learning opportunities that is in compliance with criteria for
student participation established by the department under division
(H)(2) of section 3314.08 of the Revised Code;

(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.

(25)
Beginning in the 2006-2007 school year, the school will open for
operation not later than the thirtieth day of September each school
year, unless the mission of the school as specified under division
(A)(2) of this section is solely to serve dropouts. In its initial
year of operation, if the school fails to open by the thirtieth day
of September, or within one year after the adoption of the contract
pursuant to division (D) of section 3314.02 of the Revised Code if
the mission of the school is solely to serve dropouts, the contract
shall be void.

(26)
Whether the school's governing authority is planning to seek
designation for the school as a STEM school equivalent under section
3326.032 of the Revised Code;

(27)
That the school's attendance and participation policies will be
available for public inspection;

(28)
That the school's attendance and participation records shall be made
available to the department, auditor of state, and school's sponsor
to the extent permitted under and in accordance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and any regulations promulgated under that
act, and section 3319.321 of the Revised Code;

(29)
If a school operates using the blended learning model, as defined in
section 3301.079 of the Revised Code, all of the following
information:

(a)
An indication of what blended learning model or models will be used;

(b)
A description of how student instructional needs will be determined
and documented;

(c)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(d)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(e)
A statement describing how student progress will be monitored;

(f)
A statement describing how private student data will be protected;

(g)
A description of the professional development activities that will be
offered to teachers.

(30)
A provision requiring that all moneys the school's operator loans to
the school, including facilities loans or cash flow assistance, must
be accounted for, documented, and bear interest at a fair market
rate;

(31)
A provision requiring that, if the governing authority contracts with
an attorney, accountant, or entity specializing in audits, the
attorney, accountant, or entity shall be independent from the
operator with which the school has contracted.

(32)
A provision requiring the governing authority to adopt an enrollment
and attendance policy that requires a student's parent to notify the
community school in which the student is enrolled when there is a
change in the location of the parent's or student's primary
residence.

(33)
A provision requiring the governing authority to adopt a student
residence and address verification policy for students enrolling in
or attending the school.

(34)
A provision establishing the process by which the governing authority
of the school will be selected in the future.

(35)
A description of the management and administration of the school.

(36)
A provision requiring the governing authority to adopt policies and
procedures to establish internal financial controls for the school.

(B)
A contract entered into under section 3314.02 of the Revised Code
between a sponsor and the governing authority of a community school
may provide for the community school governing authority to make
payments to the sponsor, which is hereby authorized to receive such
payments as set forth in the contract between the governing authority
and the sponsor. The total amount of such payments for monitoring,
oversight, and technical assistance of the school shall not exceed
three per cent of the total amount of payments for operating expenses
that the school receives from the state.

(C)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department under division (B) of section 3314.015 of the Revised Code
and shall include the following:

(1)
Monitor the community school's compliance with all laws applicable to
the school and with the terms of the contract;

(2)
Monitor and evaluate the academic and fiscal performance and the
organization and operation of the community school on at least an
annual basis;

(3)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 3314.072 of
the Revised Code, or terminate the contract of the school pursuant to
section 3314.07 of the Revised Code as determined necessary by the
sponsor;

(5)
Have in place a plan of action to be undertaken in the event the
community school experiences financial difficulties or closes prior
to the end of a school year.

(D)
Upon the expiration of a contract entered into under this section,
the sponsor of a community school may, with the approval of the
governing authority of the school, renew that contract for a period
of time determined by the sponsor, but not ending earlier than the
end of any school year, if the sponsor finds that the school's
compliance with applicable laws and terms of the contract and the
school's progress in meeting the academic goals prescribed in the
contract have been satisfactory. Any contract that is renewed under
this division remains subject to the provisions of sections 3314.07,
3314.072, and 3314.073 of the Revised Code.

(E)
If a community school fails to open for operation within one year
after the contract entered into under this section is adopted
pursuant to division (D) of section 3314.02 of the Revised Code or
permanently closes prior to the expiration of the contract, the
contract shall be void and the school shall not enter into a contract
with any other sponsor. A school shall not be considered permanently
closed because the operations of the school have been suspended
pursuant to section 3314.072 of the Revised Code.

Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024,
3313.6026, 3313.6028, 3313.6029, 3313.6031,
3313.6034,

3313.61,
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717,
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.7118, 3313.721,
3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077,
3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321,
3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45,
3319.46, 3319.614, 3319.90, 3320.01, 3320.02, 3320.03, 3320.04,
3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17,
3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10,
4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102.,
117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141.,
and 4167. of the Revised Code as if it were a school district.

Sec.
3328.24.
A
college-preparatory boarding school established under this chapter
and its board of trustees shall comply with sections 102.02,
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0729, 3301.948,
3302.037, 3313.474, 3313.5318, 3313.5319, 3313.6013, 3313.6021,
3313.6023, 3313.6024, 3313.6026, 3313.6029, 3313.6031,
3313.6034,

3313.617,
3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669,
3313.6610, 3313.717, 3313.7112, 3313.7117, 3313.721, 3313.753,
3313.8110, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324,
3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03,
3320.04, 3323.251, and 5502.262, and Chapter 3365. of the Revised
Code as if the school were a school district and the school's board
of trustees were a district board of education.

Sec.
5502.523.
(A)
As used in this section, "law enforcement agency" includes
a county sheriff's office, the office of a village marshal, a police
department of a municipal corporation, a police force of a regional
transit authority, a police force of a metropolitan housing
authority, the state highway patrol, a state university law
enforcement agency, the office of a township police constable, and
the police department of a township or joint police district.

(B)(1)
The statewide emergency pink alert program is created to aid in the
identification and location of any individual who is missing, when
credible risk factors exist, and whose disappearance, as determined
by a law enforcement agency, poses a credible threat of immediate
danger of serious harm or death to the missing individual.

(2)
The program shall be a coordinated effort among the governor's
office, the department of public safety, the attorney general, law
enforcement agencies, the state's public and commercial television
and radio broadcasters, and others as determined necessary by the
governor.

(C)
The statewide emergency pink alert program shall not be implemented
unless all of the following activation criteria are met:

(1)
The local investigating law enforcement agency confirms that the
individual is missing.

(2)
Credible risk indicators exist related to that individual, including:

(a)
Evidence of online grooming or coercive digital communication made to
that individual;

(b)
Recent contact with unknown adults or suspicious travel arrangements;

(c)
Indicators of trafficking or exploitation;

(d)
Credible threats of harm made either to or by the missing individual;

(e)
Circumstances involving isolation, secrecy, or financial control over
the missing individual;

(f)
The vulnerability of the missing individual due to the individual's
age or other risk factors;

(g)
The disappearance of the missing individual is sudden, unexplained,
and occurs without contact or verified whereabouts made by that
individual to family or friends who would otherwise be contacted.

(h)
A history of domestic violence or abuse when the reporting party is
not the alleged abuser.

(3)
The disappearance of the individual poses a credible threat of
immediate danger of serious harm or death to the individual.

(4)
There is sufficient descriptive information about the individual and
the circumstances surrounding the individual's disappearance to
indicate that activation of the alert will help locate the
individual.

(D)
Nothing in division (C) of this section prevents the activation of a
local or regional emergency alert program that may impose different
criteria for the activation of a local or regional plan.

(E)
Any radio broadcast station, television broadcast station, or cable
system participating in the statewide emergency pink alert program or
in any local or regional emergency alert program, and any director,
officer, employee, or agent of any station or system participating in
either type of alert program, shall not be liable to any person for
damages for any loss allegedly caused by or resulting from the
station's or system's broadcast or cablecast of, or failure to
broadcast or cablecast, any information pursuant to the statewide
emergency pink alert program or the local or regional emergency alert
program.

(F)
Nothing in this section shall be construed to authorize the use of
the federal emergency alert system unless otherwise authorized by
federal law.

(G)(1)
Not later than the first day of February that occurs after the
effective date of this section, and every first day of February
thereafter, the director of public safety shall submit an annual
report to the governor and the general assembly that summarizes all
of the following:

(a)
The times the statewide emergency pink alert program was activated
the prior year;

(b)
The response timelines and outcomes of each instance that the program
was activated;

(c)
Any identified gaps and recommendations for program improvements.

(2)
The report shall also be made publicly available on the department of
public safety's web site.

Section
2.
That
existing sections 3313.60, 3314.03, 3326.11, and 3328.24 of the
Revised Code are hereby repealed.

Section
3.
On
or after the effective date of this section, the Attorney General
shall promulgate digital crime enforcement parameters for law
enforcement, including parameters to assist local law enforcement in
successfully obtaining warrants to obtain digitally stored
information.

Section
4.
This
act shall be known as Hailey's Law.

Section
5.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
3314.03 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.

Section
3326.11 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.

Section
3328.24 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.