Read the full stored bill text
sb422_02_PS
As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 422
2025-2026
Senators Schaffer, Brenner
Cosponsors: Senators Manning,
Antonio, Cirino, Craig, DeMora, Gavarone, Hicks-Hudson, Johnson,
Landis, Patton, Reynolds, Roegner, Romanchuk, Smith, Timken,
Weinstein
To
amend sections 2950.13, 2950.99, 3314.03, 3326.11, and 3328.24 and to
enact sections 2950.036, 2950.044, and 3313.475 of the Revised Code
to
prohibit certain sex offender/child-victim offenders from knowingly
being present on school premises or preschool or child care center
premises.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2950.13
,
2950.99
,
3314.03, 3326.11, and 3328.24
be amended and sections 2950.036
,
2950.044
,
and 3313.475
of the Revised Code be enacted to read as follows:
Sec.
2950.036.
(A)
As used in this section:
(1)
"Legitimate purpose" means any of the following:
(a)
Picking up or dropping off the parent's or guardian's child prior to
the start of or after the end of the school day or preschool or child
care session;
(b)
Picking up or dropping off the parent's or guardian's child prior to
the start of or after the end of a school-sponsored or preschool- or
child care-sponsored activity, event, or program in which the child
is a participant;
(c)
Picking up the parent's or guardian's child in the event of an
emergency, when the child is ill, or for a medical appointment, or
dropping off the child following a medical appointment;
(d)
Attending a parent-teacher conference or other meeting requested by a
teacher, principal, administrator, or preschool or child care worker,
or requested by the parent when permitted by state or federal law, so
long as the meeting occurs during nonschool hours;
(e)
Attending public, civic, or community meetings held during nonschool
hours on school premises or preschool or child care center premises,
provided that no children are present at the meeting;
(f)
If the person is a student enrolled at the school, attending
classroom instruction on a day that the school is in session,
attending a parent-teacher conference or other meeting requested by a
teacher, principal, administrator, or preschool or child care worker,
or requested by the parent when permitted by state or federal law, or
serving an in-school suspension as defined in section 3313.66 of the
Revised Code;
(g)
Being on the premises for purposes of voting on the day of an
election, if the person is a registered elector whose assigned
polling place is located on school premises or preschool or child
care center premises.
(2)
"Preschool or child care center premises" has the same
meaning as in section 2950.034 of the Revised Code.
(3)
"School premises" includes any "school," "school
building," or "school premises" as those terms are
defined in section 2925.01 of the Revised Code. "School
premises" also includes any parcel of real property or building
that a STEM school established under Chapter 3326. of the Revised
Code owns or operates in the same manner as a board of education owns
or operates a "school premises" or "school building"
as those terms are defined in section 2925.01 of the Revised Code.
(4)
"Nonschool hours" has the same meaning as in section
3313.77 of the Revised Code.
(5)
"School-affiliated event" means an athletic event, play,
musical, or any other school-related event or activity that a
qualifying school conducts, sponsors, or participates in and for
which a qualifying school charges admission to attend.
"School-affiliated event" does not include any event or
activity that is conducted in a facility otherwise open to the public
unless the facility is closed to the public during the
school-affiliated event.
(6)
"Qualified sex offender/child-victim offender" means a
person who is either of the following:
(a)
A person who is convicted of, pleads guilty to, has been convicted
of, or has pleaded guilty to a violation of division (B) of section
2905.05 or section 2907.07 of the Revised Code and who is classified
a tier I sex offender/child-victim offender relative to that offense;
(b)
A person who is convicted of, pleads guilty to, has been convicted
of, or has pleaded guilty to any sexually oriented offense listed in
division (F) or (G) of section 2950.01 of the Revised Code and who is
classified a tier II or tier III sex offender/child-victim offender
relative to that offense.
(B)
No person who is eighteen years of age or older and who is a
qualified sex offender/child-victim offender shall knowingly be
present on any school premises or preschool or child care center
premises or on premises where a school-affiliated ticketed event is
occurring.
(C)
It is an affirmative defense to a charge under division (B) of this
section that the person who is knowingly present on school premises
or preschool or child care center premises is a student enrolled at
the related school or is a parent or guardian of a child who attends
the related school, preschool, or child care facility and is on the
premises for a legitimate purpose. A defendant may not assert an
affirmative defense under this division if the defendant previously
has been convicted of or pleaded guilty to two or more violations of
this section.
(D)
It is an affirmative defense to a charge under division (B) of this
section that the person is enrolled as a student in the school
district and is entitled to attend school under division (F)(1) of
section 3313.64 of the Revised Code, including a student with a
disability entitled to receive educational services until age
twenty-two pursuant to an individualized education program. The
school district shall impose reasonable safety and supervision
conditions on the student's presence on school premises, but the
student's right to attend school shall not be denied solely on the
basis of classification as a sex offender or child-victim offender.
Nothing in this section shall be construed to limit the right of a
student with a disability to receive a free appropriate public
education or the right of a student to attend school under division
(F)(1) of section 3313.64 of the Revised Code.
Sec.
2950.044.
(A)
As used in this section, "qualified sex offender/child-victim
offender" has the same meaning as in section 2950.036 of the
Revised Code.
(B)
A sheriff, or sheriff's designee, shall provide written notice to any
qualified sex offender/child-victim offender who is prohibited from
knowingly being on school premises or preschool or child care center
premises under division (B) of section 2950.036 of the Revised Code
of the prohibitions contained in section 2950.036 of the Revised
Code. The written notice shall include a statement of the legitimate
purposes specified under division (A)(1) of section 2950.036 of the
Revised Code for which the offender may be present on school premises
or preschool or child care center premises, and the definitions of
"school premises," "child care center premises,"
and "nonschool hours" as defined in section 2950.036 of the
Revised Code.
(C)
A sheriff or sheriff's designee shall provide the notice to a
qualified sex offender/child-victim offender subject to the
prohibition under division (B) of section 2950.036 of the Revised
Code at the time of the offender's initial registration under section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, or, if
the offender is registered with a sheriff or sheriff's designee under
Chapter 2950. of the Revised Code as of the effective date of this
section, a sheriff or sheriff's designee shall provide the notice to
the offender at the time of a sheriff's or sheriff designee's next
contact with the offender under Chapter 2950. of the Revised Code.
Sec.
2950.13.
(A)
The attorney general shall do all of the following:
(1)
No later than July 1, 1997, establish and maintain a state registry
of sex offenders and child-victim offenders that is housed at the
bureau of criminal identification and investigation and that contains
all of the registration, change of residence, school, institution of
higher education, or place of employment address, and verification
information the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code regarding each
person who is convicted of, pleads guilty to, has been convicted of,
or has pleaded guilty to a sexually oriented offense or a
child-victim oriented offense and each person who is or has been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense and is classified a
juvenile offender registrant or is an out-of-state juvenile offender
registrant based on that adjudication, all of the information the
bureau receives pursuant to section 2950.14 of the Revised Code, and
any notice of an order terminating or modifying an offender's or
delinquent child's duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code the bureau receives pursuant
to section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a
person who was convicted of or pleaded guilty to the sexually
oriented offense or child-victim related offense, the registry also
shall indicate whether the person was convicted of or pleaded guilty
to the offense in a criminal prosecution or in a serious youthful
offender case. The registry shall not be open to inspection by the
public or by any person other than a person identified in division
(A) of section 2950.08 of the Revised Code. In addition to the
information and material previously identified in this division, the
registry shall include all of the following regarding each person who
is listed in the registry:
(a)
A citation for, and the name of, all sexually oriented offenses or
child-victim oriented offenses of which the person was convicted, to
which the person pleaded guilty, or for which the person was
adjudicated a delinquent child and that resulted in a registration
duty,
and
the
date on which those offenses were committed
,
and a statement as to whether any of those offenses are an offense
included in the definition of "qualified sex
offender/child-victim offender" as that term is defined in
section 2950.036 of the Revised Code
;
(b)
The text of the sexually oriented offenses or child-victim oriented
offenses identified in division (A)(1)(a) of this section as those
offenses existed at the time the person was convicted of, pleaded
guilty to, or was adjudicated a delinquent child for committing those
offenses, or a link to a database that sets forth the text of those
offenses;
(c)
A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex offender/child-victim
offender, or a tier III sex offender/child-victim offender for the
sexually oriented offenses or child-victim oriented offenses
identified in division (A)(1)(a) of this section;
(d)
The community supervision status of the person, including, but not
limited to, whether the person is serving a community control
sanction and the nature of any such sanction, whether the person is
under supervised release and the nature of the release, or regarding
a juvenile, whether the juvenile is under any type of release
authorized under Chapter 2152. or 5139. of the Revised Code and the
nature of any such release;
(e)
The offense and delinquency history of the person, as determined from
information gathered or provided under sections 109.57 and 2950.14 of
the Revised Code;
(f)
The bureau of criminal identification and investigation tracking
number assigned to the person if one has been so assigned, the
federal bureau of investigation number assigned to the person if one
has been assigned and the bureau of criminal identification and
investigation is aware of the number, and any other state
identification number assigned to the person of which the bureau is
aware;
(g)
Fingerprints and palmprints of the person;
(h)
A DNA specimen, as defined in section 109.573 of the Revised Code,
from the person;
(i)
Whether the person has any outstanding arrest warrants;
(j)
Whether the person is in compliance with the person's duties under
this chapter.
(2)
In consultation with local law enforcement representatives and no
later than July 1, 1997, adopt rules that contain guidelines
necessary for the implementation of this chapter;
(3)
In consultation with local law enforcement representatives, adopt
rules for the implementation and administration of the provisions
contained in section 2950.11 of the Revised Code that pertain to the
notification of neighbors of an offender or a delinquent child who
has committed a sexually oriented offense or a child-victim oriented
offense and is in a category specified in division (F)(1) of that
section and rules that prescribe a manner in which victims of a
sexually oriented offense or a child-victim oriented offense
committed by an offender or a delinquent child who is in a category
specified in division (B)(1) of section 2950.10 of the Revised Code
may make a request that specifies that the victim would like to be
provided the notices described in divisions (A)(1) and (2) of section
2950.10 of the Revised Code;
(4)
In consultation with local law enforcement representatives and
through the bureau of criminal identification and investigation,
prescribe the forms to be used by judges and officials pursuant to
section 2950.03 or 2950.032 of the Revised Code to advise offenders
and delinquent children of their duties of filing a notice of intent
to reside, registration, notification of a change of residence,
school, institution of higher education, or place of employment
address and registration of the new school, institution of higher
education, or place of employment address, as applicable, and address
verification under sections 2950.04, 2950.041, 2950.05, and 2950.06
of the Revised Code, and prescribe the forms to be used by sheriffs
relative to those duties of filing a notice of intent to reside,
registration, change of residence, school, institution of higher
education, or place of employment address notification, and address
verification;
(5)
Make copies of the forms prescribed under division (A)(4) of this
section available to judges, officials, and sheriffs;
(6)
Through the bureau of criminal identification and investigation,
provide the notifications, the information and materials, and the
documents that the bureau is required to provide to appropriate law
enforcement officials and to the federal bureau of investigation
pursuant to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code;
(7)
Through the bureau of criminal identification and investigation,
maintain the verification forms returned under the address
verification mechanism set forth in section 2950.06 of the Revised
Code;
(8)
In consultation with representatives of the officials, judges, and
sheriffs, adopt procedures for officials, judges, and sheriffs to use
to forward information, photographs, and fingerprints to the bureau
of criminal identification and investigation pursuant to the
requirements of sections 2950.03, 2950.04, 2950.041, 2950.05,
2950.06, and 2950.11 of the Revised Code;
(9)
In consultation with the director of education, the director of
children and youth, and the director of rehabilitation and
correction, adopt rules that contain guidelines to be followed by
boards of education of a school district, chartered nonpublic schools
or other schools not operated by a board of education, preschool
programs, child care centers, type A family child care homes,
licensed type B family child care homes, and institutions of higher
education regarding the proper use and administration of information
received pursuant to section 2950.11 of the Revised Code relative to
an offender or delinquent child who has committed a sexually oriented
offense or a child-victim oriented offense and is in a category
specified in division (F)(1) of that section;
(10)
In consultation with local law enforcement representatives and no
later than July 1, 1997, adopt rules that designate a geographic area
or areas within which the notice described in division (B) of section
2950.11 of the Revised Code must be given to the persons identified
in divisions (A)(2) to (8) and (A)(10) of that section;
(11)
Through the bureau of criminal identification and investigation, not
later than January 1, 2004, establish and operate on the internet a
sex offender and child-victim offender database that contains
information for every offender who has committed a sexually oriented
offense or a child-victim oriented offense and registers in any
county in this state pursuant to section 2950.04 or 2950.041 of the
Revised Code and for every delinquent child who has committed a
sexually oriented offense, is a public registry-qualified juvenile
offender registrant, and registers in any county in this state
pursuant to either such section. The bureau shall not include on the
database the identity of any offender's or public registry-qualified
juvenile offender registrant's victim, any offender's or public
registry-qualified juvenile offender registrant's social security
number, the name of any school or institution of higher education
attended by any offender or public registry-qualified juvenile
offender registrant, the name of the place of employment of any
offender or public registry-qualified juvenile offender registrant,
any tracking or identification number described in division (A)(1)(f)
of this section, or any information described in division (C)(7) of
section 2950.04 or 2950.041 of the Revised Code. The bureau shall
provide on the database, for each offender and each public
registry-qualified juvenile offender registrant, at least the
information specified in divisions (A)(11)(a) to (h) of this section.
Otherwise, the bureau shall determine the information to be provided
on the database for each offender and public registry-qualified
juvenile offender registrant and shall obtain that information from
the information contained in the state registry of sex offenders and
child-victim offenders described in division (A)(1) of this section,
which information, while in the possession of the sheriff who
provided it, is a public record open for inspection as described in
section 2950.081 of the Revised Code.
The
bureau shall include in the public record the identity of any
registered offender who is a "qualified sex
offender/child-victim offender" as that term is defined in
section 2950.036 of the Revised Code.
The
database is a public record open for inspection under section 149.43
of the Revised Code, and it shall be searchable by offender or public
registry-qualified juvenile offender registrant name, by county, by
zip code, and by school district. The database shall provide a link
to the web site of each sheriff who has established and operates on
the internet a sex offender and child-victim offender database that
contains information for offenders and public registry-qualified
juvenile offender registrants who register in that county pursuant to
section 2950.04 or 2950.041 of the Revised Code, with the link being
a direct link to the sex offender and child-victim offender database
for the sheriff. The bureau shall provide on the database, for each
offender and public registry-qualified juvenile offender registrant,
at least the following information:
(a)
The information described in divisions (A)(1)(a), (b), (c), and (d)
of this section relative to the offender or public registry-qualified
juvenile offender registrant;
(b)
The address of the offender's or public registry-qualified juvenile
offender registrant's school, institution of higher education, or
place of employment provided in a registration form;
(c)
The information described in division (C)(6) of section 2950.04 or
2950.041 of the Revised Code;
(d)
A chart describing which sexually oriented offenses and child-victim
oriented offenses are included in the definitions of tier I sex
offender/child-victim offender, tier II sex offender/child-victim
offender, and tier III sex offender/child-victim offender;
(e)
Fingerprints and palmprints of the offender or public
registry-qualified juvenile offender registrant and a DNA specimen
from the offender or public registry-qualified juvenile offender
registrant;
(f)
The information set forth in division (B) of section 2950.11 of the
Revised Code;
(g)
Any outstanding arrest warrants for the offender or public
registry-qualified juvenile offender registrant;
(h)
The offender's or public registry-qualified juvenile offender
registrant's compliance status with duties under this chapter.
(12)
Develop software to be used by sheriffs in establishing on the
internet a sex offender and child-victim offender database for the
public dissemination of some or all of the information and materials
described in division (A) of section 2950.081 of the Revised Code
that are public records under that division, that are not prohibited
from inclusion by division (B) of that section, and that pertain to
offenders and public registry-qualified juvenile offender registrants
who register in the sheriff's county pursuant to section 2950.04 or
2950.041 of the Revised Code and for the public dissemination of
information the sheriff receives pursuant to section 2950.14 of the
Revised Code and, upon the request of any sheriff, provide technical
guidance to the requesting sheriff in establishing on the internet
such a database;
(13)
Through the bureau of criminal identification and investigation, not
later than January 1, 2004, establish and operate on the internet a
database that enables local law enforcement representatives to
remotely search by electronic means the state registry of sex
offenders and child-victim offenders described in division (A)(1) of
this section and any information and materials the bureau receives
pursuant to sections 2950.04, 2950.041, 2950.05, 2950.06, and 2950.14
of the Revised Code. The database shall enable local law enforcement
representatives to obtain detailed information regarding each
offender and delinquent child who is included in the registry,
including, but not limited to the offender's or delinquent child's
name, aliases, residence address, name and address of any place of
employment, school, institution of higher education, if applicable,
license plate number of each vehicle identified in division (C)(5) of
section 2950.04 or 2950.041 of the Revised Code to the extent
applicable, victim preference if available, date of most recent
release from confinement if applicable, fingerprints, and palmprints,
all of the information and material described in divisions (A)(1)(a)
to (h) of this section regarding the offender or delinquent child,
and other identification parameters the bureau considers appropriate.
The database is not a public record open for inspection under section
149.43 of the Revised Code and shall be available only to law
enforcement representatives as described in this division.
Information obtained by local law enforcement representatives through
use of this database is not open to inspection by the public or by
any person other than a person identified in division (A) of section
2950.08 of the Revised Code.
(14)
Through the bureau of criminal identification and investigation,
maintain a list of requests for notice about a specified offender or
delinquent child or specified geographical notification area made
pursuant to division (J) of section 2950.11 of the Revised Code and,
when an offender or delinquent child changes residence to another
county, forward any requests for information about that specific
offender or delinquent child to the appropriate sheriff;
(15)
Through the bureau of criminal identification and investigation,
establish and operate a system for the immediate notification by
electronic means of the appropriate officials in other states
specified in this division each time an offender or delinquent child
registers a residence, school, institution of higher education, or
place of employment address under section 2950.04 or 2950.041 of the
Revised Code or provides a notice of a change of address or registers
a new address under division (A) or (B) of section 2950.05 of the
Revised Code. The immediate notification by electronic means shall be
provided to the appropriate officials in each state in which the
offender or delinquent child is required to register a residence,
school, institution of higher education, or place of employment
address. The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from the
sheriff with whom the offender or delinquent child registered the
address or provided the notice of change of address or registered the
new address.
(B)
The attorney general in consultation with local law enforcement
representatives, may adopt rules that establish one or more
categories of neighbors of an offender or delinquent child who, in
addition to the occupants of residential premises and other persons
specified in division (A)(1) of section 2950.11 of the Revised Code,
must be given the notice described in division (B) of that section.
(C)
No person, other than a local law enforcement representative, shall
knowingly do any of the following:
(1)
Gain or attempt to gain access to the database established and
operated by the attorney general, through the bureau of criminal
identification and investigation, pursuant to division (A)(13) of
this section.
(2)
Permit any person to inspect any information obtained through use of
the database described in division (C)(1) of this section, other than
as permitted under that division.
(D)
As used in this section, "local law enforcement representatives"
means representatives of the sheriffs of this state, representatives
of the municipal chiefs of police and marshals of this state, and
representatives of the township constables and chiefs of police of
the township police departments or police district police forces of
this state.
Sec.
2950.99.
(A)(1)(a)
Except as otherwise provided in division (A)(1)(b) of this section,
whoever violates a prohibition in section 2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code shall be punished as follows:
(i)
If the most serious sexually oriented offense that was the basis of
the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated
under the prohibition is aggravated murder or murder if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the first degree.
(ii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the first, second, third, or fourth degree if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the same degree
as the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address, or address verification
requirement that was violated under the prohibition, or, if the most
serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony
of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the fifth degree or a misdemeanor if committed by an adult
or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(b)
If the offender previously has been convicted of or pleaded guilty
to, or previously has been adjudicated a delinquent child for
committing, a violation of a prohibition in section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code shall be punished as follows:
(i)
If the most serious sexually oriented offense that was the basis of
the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated
under the prohibition is aggravated murder or murder if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the first degree.
(ii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the first, second, or third degree if committed by an adult
or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the same degree
as the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address, or address verification
requirement that was violated under the prohibition, or, if the most
serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony
of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the fourth or fifth degree if committed by an adult or a
comparable category of offense committed in another jurisdiction, the
offender is guilty of a felony of the third degree.
(iv)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
misdemeanor if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty of
a felony of the fourth degree.
(2)(a)
In addition to any penalty or sanction imposed under division (A)(1)
of this section or any other provision of law for a violation of a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code, if the offender or delinquent child is subject to a
community control sanction, is on parole, is subject to one or more
post-release control sanctions, or is subject to any other type of
supervised release at the time of the violation, the violation shall
constitute a violation of the terms and conditions of the community
control sanction, parole, post-release control sanction, or other
type of supervised release.
(b)
In addition to any penalty or sanction imposed under division
(A)(1)(b)(i), (ii), or (iii) of this section or any other provision
of law for a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the offender previously
has been convicted of or pleaded guilty to, or previously has been
adjudicated a delinquent child for committing, a violation of a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code when the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the requirement
that was violated under the prohibition is a felony if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the court imposing a sentence upon the offender shall
impose a definite prison term of no less than three years. The
definite prison term imposed under this section shall not be reduced
to less than three years pursuant to any provision of Chapter 2967.
or any other provision of the Revised Code.
(3)
As used in division (A)(1) of this section, "comparable category
of offense committed in another jurisdiction" means a sexually
oriented offense or child-victim oriented offense that was the basis
of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated,
that is a violation of an existing or former law of another state or
the United States, an existing or former law applicable in a military
court or in an Indian tribal court, or an existing or former law of
any nation other than the United States, and that, if it had been
committed in this state, would constitute or would have constituted
aggravated murder or murder for purposes of division (A)(1)(a)(i) of
this section, a felony of the first, second, third, or fourth degree
for purposes of division (A)(1)(a)(ii) of this section, a felony of
the fifth degree or a misdemeanor for purposes of division
(A)(1)(a)(iii) of this section, aggravated murder or murder for
purposes of division (A)(1)(b)(i) of this section, a felony of the
first, second, or third degree for purposes of division (A)(1)(b)(ii)
of this section, a felony of the fourth or fifth degree for purposes
of division (A)(1)(b)(iii) of this section, or a misdemeanor for
purposes of division (A)(1)(b)(iv) of this section.
(B)
If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person as
a result of the person being adjudicated a delinquent child and being
classified a juvenile offender registrant or an out-of-state juvenile
offender registrant, both of the following apply:
(1)
If the violation occurs while the person is under eighteen years of
age, the person is subject to proceedings under Chapter 2152. of the
Revised Code based on the violation.
(2)
If the violation occurs while the person is eighteen years of age or
older, the person is subject to criminal prosecution based on the
violation.
(C)
Whoever violates division (C) of section 2950.13 of the Revised Code
is guilty of a misdemeanor of the first degree.
(D)
Whoever violates division (A)(2) of section 2950.035 of the Revised
Code shall be punished as follows:
(1)
Except as otherwise provided in division (D)(2) or (3) of this
section, the offender is guilty of a misdemeanor of the first degree.
(2)
If the offender once previously has been convicted of or pleaded
guilty to a violation of division (A)(2) of section 2950.035 of the
Revised Code, the offender is guilty of a felony of the third degree.
(3)
If the offender two or more times previously has been convicted of or
pleaded guilty to a violation of division (A)(2) of section 2950.035
of the Revised Code, the offender is guilty of a felony of the first
degree.
(E)
Whoever violates section 2950.036 of the Revised Code is guilty of a
misdemeanor of the second degree on a first offense, a misdemeanor of
the first degree on a second offense, and a felony of the fifth
degree on each subsequent offense.
Sec.
3313.475.
Each
school district and chartered or nonchartered nonpublic school shall,
as determined necessary by the school district superintendent, chief
administrator of the chartered or nonchartered nonpublic school, or
the superintendent's or chief administrator's designee, provide
reasonable off-site or remote alternatives for meetings and
communications with parents who are prohibited from knowingly being
present on school premises under section 2950.036 of the Revised
Code.
Nothing
in this section shall be construed to limit the right of a student
with a disability to receive a free appropriate public education or
the right of a student to attend school under division (F)(1) of
section 3313.64 of the Revised Code. A school district may implement
an individualized safety plan.
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,
3313.475,
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, 3313.643, 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,
3313.475,
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, 3313.61, 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,
3313.475,
3313.5318,
3313.5319, 3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6026,
3313.6029, 3313.6031, 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.
Section
2.
That
existing sections 2950.13
,
2950.99
,
3314.03, 3326.11, and 3328.24
of the Revised Code are hereby repealed.
Section
3.
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
2950.99 of the Revised Code as amended by both S.B. 16 and S.B. 288
of the 134th General Assembly.
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.