Bill Text: OH HB181 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: That is scheduled to take effect July 1, 2014, to continue the provisions of this act on or after that effective date.
Spectrum: Partisan Bill (Republican 20-1)
Status: (Engrossed - Dead) 2013-12-12 - To Education [HB181 Detail]
Download: Ohio-2013-HB181-Engrossed.html
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Representative Brenner
Cosponsors:
Representatives Adams, J., Stautberg, Roegner, Huffman, Buchy, Becker, Terhar, Henne, Young, Hood, Retherford, Lynch, Thompson, Blair, Barnes, Damschroder, Hayes, Rosenberger, Smith, Stebelton Speaker Batchelder
To amend sections 3314.03, 3319.321, 3326.11, and | 1 |
3328.24 and to enact sections 3301.942, 3301.943, | 2 |
3301.944, 3301.945, and 3301.946 of the Revised | 3 |
Code to prohibit submission of a student's | 4 |
personal identifiable information to the federal | 5 |
government without direct authorization of the | 6 |
local school board, to modify the management and | 7 |
facilitation of the statewide education data | 8 |
repository, and to prohibit submission of student | 9 |
names and addresses to multi-state assessment | 10 |
consortia without written permission; to amend the | 11 |
version of section 3326.11 of the Revised Code | 12 |
that is scheduled to take effect July 1, 2014, to | 13 |
continue the provisions of this act on or after | 14 |
that effective date. | 15 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3319.321, 3326.11, and | 16 |
3328.24 be amended and sections 3301.942, 3301.943, 3301.944, | 17 |
3301.945, and 3301.946 of the Revised Code be enacted to read as | 18 |
follows: | 19 |
Sec. 3301.942. Sections 3301.942 to 3301.946 of the Revised | 20 |
Code shall be known as the "Student Data Accountability Act." | 21 |
As used in sections 3301.942 to 3301.946 of the Revised Code: | 22 |
(A) "Aggregate data" means student data collected or reported | 23 |
at the group, cohort, or institutional level, as opposed to data | 24 |
at the individual student level. | 25 |
(B) "Educational record" means any record, in any form or | 26 |
medium that is directly related to a student by way of personally | 27 |
identifiable information and that is maintained at the school | 28 |
district or school level. | 29 |
(C) "Parent" means a child's parent, guardian, or custodian. | 30 |
(D) "Personally identifiable information" includes a | 31 |
student's name, the name of the student's parent or other family | 32 |
member, the address of the student or student's family, a personal | 33 |
identifier, such as the student's social security number or | 34 |
student number, a list of personal characteristics that would make | 35 |
the student's identity easily traceable, or other information that | 36 |
would make the student's identity easily traceable. | 37 |
(E) "Redacted data" means any student data where personally | 38 |
identifiable information has been removed or masked. | 39 |
(F) "Statewide education data repository" means the data | 40 |
repository established pursuant to section 3301.94 of the Revised | 41 |
Code. | 42 |
(G) "Student data" means data collected or reported at the | 43 |
individual student level and included in a student's educational | 44 |
record. | 45 |
Sec. 3301.943. (A) The department of education shall, on or | 46 |
before the first day of September each year, establish and publish | 47 |
a data inventory and dictionary or index of data elements with | 48 |
definitions of individual student data fields in the statewide | 49 |
education data repository, that shall include the following: | 50 |
(1) Any individual student data elements required to be | 51 |
reported by state or federal mandates; | 52 |
(2) Any individual student data elements proposed for | 53 |
inclusion in the statewide education data repository, with a | 54 |
statement regarding the purpose or reason for the proposed | 55 |
collection; | 56 |
(3) Any individual student data elements that the state board | 57 |
of education or department collects or maintains with no current | 58 |
identified purpose; | 59 |
(4) Any other student data elements the state board or | 60 |
department collects for any other purpose, with a statement | 61 |
regarding the purpose or reason for the collection. | 62 |
(B) The department shall, on or before the first day of | 63 |
September each year, develop and publish policies and procedures | 64 |
to be utilized to maintain compliance with all relevant state and | 65 |
federal privacy laws and policies, including the "Family | 66 |
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 67 |
U.S.C. 1232g, as amended. Those policies and procedures shall | 68 |
include a procedure for notifying parents and students of their | 69 |
privacy rights and shall permit access to student data only to the | 70 |
following individuals: | 71 |
(1) The authorized staff of the department and the | 72 |
contractors working on behalf of the department who require such | 73 |
access to perform their assigned duties as required by law or as | 74 |
defined by interagency data-sharing agreements; | 75 |
(2) District and school administrators, teachers, and school | 76 |
personnel who require such access to perform their assigned | 77 |
duties; | 78 |
(3) Students and their parents; | 79 |
(4) The authorized staff of other state agencies as required | 80 |
by law or as defined by interagency data-sharing agreements. | 81 |
(C) The department shall, not less than sixty days prior to | 82 |
implementation of any additions or changes to the data fields to | 83 |
be collected, and in accordance with section 101.68 of the Revised | 84 |
Code, notify the general assembly of such additions or changes. | 85 |
(D) Not less than one hundred eighty days after the effective | 86 |
date of this section, the state board shall adopt rules in | 87 |
accordance with Chapter 119. of the Revised Code as necessary to | 88 |
implement sections 3301.942 to 3301.946 of the Revised Code. | 89 |
Sec. 3301.944. (A) The department of education shall, on or | 90 |
before the first day of September each year, develop criteria for | 91 |
the approval of research and data requests from state and local | 92 |
agencies, the general assembly, researchers working on behalf of | 93 |
the department, and the public. | 94 |
(1) Unless otherwise approved by the state board of | 95 |
education, student data maintained by the department shall remain | 96 |
confidential. | 97 |
(2) Unless otherwise approved by the state board, the | 98 |
department shall use only aggregate data when compiling public | 99 |
reports and in response to research, data, or records requests. | 100 |
(3) Unless otherwise approved by the state board, and to the | 101 |
extent it does not conflict with all relevant state and federal | 102 |
privacy laws and policies, including the "Family Educational | 103 |
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as | 104 |
amended, the department shall not release personally identifiable | 105 |
information or student data to any federal, state, or local | 106 |
agency, or other organization, except that release under any of | 107 |
the following circumstances is permissible: | 108 |
(a) A student transfers to a primary or secondary school out | 109 |
of state or a school seeks help with locating an out-of-state | 110 |
transfer. | 111 |
(b) A student leaves the state to attend an out-of-state | 112 |
institution of higher education or training program. | 113 |
(c) A student voluntarily participates in a program for which | 114 |
release of student or confidential data is a condition or | 115 |
requirement of participation. | 116 |
(d) The department enters into a contract that governs | 117 |
databases, assessments, special education, or instructional | 118 |
supports with an out-of-state contractor for the purpose of | 119 |
state-level reporting. | 120 |
(e) A student is classified as a "migratory child" for | 121 |
purposes of the "Elementary and Secondary Education Act of 1965," | 122 |
20 U.S.C. 6399(2). | 123 |
(f) A federal agency is performing a compliance review. | 124 |
(B) The department shall develop a detailed data security | 125 |
plan that contains the following: | 126 |
(1) Guidelines for authorizing access to the student | 127 |
statewide education data repository and to individual student data | 128 |
including guidelines for authentication of authorized access; | 129 |
(2) Privacy compliance standards; | 130 |
(3) Privacy and security audits; | 131 |
(4) Breach planning, notification, and procedures; | 132 |
(5) Data retention and disposition policies; | 133 |
(6) Data security policies, including electronic, physical, | 134 |
and administrative safeguards, such as data encryption and | 135 |
training of employees. | 136 |
(C) The department shall maintain compliance with the "Family | 137 |
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 138 |
U.S.C. 1232g, as amended, other relevant privacy laws and | 139 |
policies, and the privacy and security policies and procedures | 140 |
developed under sections 3301.94 to 3301.946 of the Revised Code. | 141 |
(D) The department shall ensure that any contracts with | 142 |
private vendors that govern the vendors' use of databases, | 143 |
assessments, or instructional supports that include student or | 144 |
redacted data include express provisions that safeguard privacy | 145 |
and security and penalties for noncompliance. | 146 |
(E)(1) The department shall annually provide the following | 147 |
information to the governor and the general assembly in accordance | 148 |
with section 101.68 of the Revised Code: | 149 |
(a) Any new student data elements proposed for inclusion in | 150 |
the statewide education data repository; | 151 |
(b) Changes to existing data collections required for any | 152 |
reason, including those made as a result of changes to federal | 153 |
reporting requirements; | 154 |
(c) An explanation of any exceptions granted by the state | 155 |
board of education in the past year regarding the release of | 156 |
student or redacted data; | 157 |
(d) The results of any and all privacy compliance and | 158 |
security audits completed in the past year. Notifications | 159 |
regarding privacy compliance and security audits shall not include | 160 |
information that poses a security threat to the state or local | 161 |
student information systems or to the secure transmission of data | 162 |
between state and local systems. | 163 |
(2) Any collection of student data by the department that | 164 |
exists prior to the effective date of this section shall not be | 165 |
considered a proposed data collection. Student data collection | 166 |
proposed on or after the effective date of this section shall | 167 |
become a provisional requirement for one school year following its | 168 |
introduction as a new requirement. | 169 |
(3) The department shall announce any proposed student data | 170 |
collection to the general public for a review and comment period | 171 |
of at least sixty days prior to implementing that collection of | 172 |
data. | 173 |
Sec. 3301.945. (A) No public school shall be required by any | 174 |
state law, any rule of the state board of education, or other | 175 |
regulation or guideline of the department of education to submit | 176 |
personally identifiable information of a student to any office, | 177 |
agency, or department of the federal government. | 178 |
(B) To the extent that it complies with the federal "Family | 179 |
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 180 |
U.S.C. 1232g, as amended, no public school, without consent, shall | 181 |
submit personally identifiable information of a student, including | 182 |
any information that may be required to receive a grant pursuant | 183 |
to the federal race to the top program, Division (A), Title XIV, | 184 |
Sections 14005 and 14006 of the "American Recovery and | 185 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, to | 186 |
any office, agency, or department of the federal government unless | 187 |
the school's governing board has adopted a resolution approving | 188 |
submission of the same. | 189 |
(C) If a school's governing board adopts a resolution | 190 |
pursuant to division (B) of this section approving submission of | 191 |
personally identifiable information, that school shall develop and | 192 |
publish criteria, policies, and procedures for the submission of | 193 |
that data in compliance with the "Family Educational Rights and | 194 |
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, | 195 |
other relevant privacy laws and policies, and the privacy and | 196 |
security policies and procedures developed under sections 3301.94 | 197 |
to 3301.946 of the Revised Code. | 198 |
Sec. 3301.946. Notwithstanding anything in the Revised Code | 199 |
to the contrary, the department of education, any school district, | 200 |
any school, or any third party under contract with the state, a | 201 |
school district, or a school shall not provide student names and | 202 |
addresses to any multi-state consortium that offers summative | 203 |
assessments without written permission from the student's parent. | 204 |
Sec. 3314.03. A copy of every contract entered into under | 205 |
this section shall be filed with the superintendent of public | 206 |
instruction. The department of education shall make available on | 207 |
its web site a copy of every approved, executed contract filed | 208 |
with the superintendent under this section. | 209 |
(A) Each contract entered into between a sponsor and the | 210 |
governing authority of a community school shall specify the | 211 |
following: | 212 |
(1) That the school shall be established as either of the | 213 |
following: | 214 |
(a) A nonprofit corporation established under Chapter 1702. | 215 |
of the Revised Code, if established prior to April 8, 2003; | 216 |
(b) A public benefit corporation established under Chapter | 217 |
1702. of the Revised Code, if established after April 8, 2003. | 218 |
(2) The education program of the school, including the | 219 |
school's mission, the characteristics of the students the school | 220 |
is expected to attract, the ages and grades of students, and the | 221 |
focus of the curriculum; | 222 |
(3) The academic goals to be achieved and the method of | 223 |
measurement that will be used to determine progress toward those | 224 |
goals, which shall include the statewide achievement assessments; | 225 |
(4) Performance standards by which the success of the school | 226 |
will be evaluated by the sponsor; | 227 |
(5) The admission standards of section 3314.06 of the Revised | 228 |
Code and, if applicable, section 3314.061 of the Revised Code; | 229 |
(6)(a) Dismissal procedures; | 230 |
(b) A requirement that the governing authority adopt an | 231 |
attendance policy that includes a procedure for automatically | 232 |
withdrawing a student from the school if the student without a | 233 |
legitimate excuse fails to participate in one hundred five | 234 |
consecutive hours of the learning opportunities offered to the | 235 |
student. | 236 |
(7) The ways by which the school will achieve racial and | 237 |
ethnic balance reflective of the community it serves; | 238 |
(8) Requirements for financial audits by the auditor of | 239 |
state. The contract shall require financial records of the school | 240 |
to be maintained in the same manner as are financial records of | 241 |
school districts, pursuant to rules of the auditor of state. | 242 |
Audits shall be conducted in accordance with section 117.10 of the | 243 |
Revised Code. | 244 |
(9) The facilities to be used and their locations; | 245 |
(10) Qualifications of teachers, including a requirement that | 246 |
the school's classroom teachers be licensed in accordance with | 247 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 248 |
community school may engage noncertificated persons to teach up to | 249 |
twelve hours per week pursuant to section 3319.301 of the Revised | 250 |
Code. | 251 |
(11) That the school will comply with the following | 252 |
requirements: | 253 |
(a) The school will provide learning opportunities to a | 254 |
minimum of twenty-five students for a minimum of nine hundred | 255 |
twenty hours per school year. | 256 |
(b) The governing authority will purchase liability | 257 |
insurance, or otherwise provide for the potential liability of the | 258 |
school. | 259 |
(c) The school will be nonsectarian in its programs, | 260 |
admission policies, employment practices, and all other | 261 |
operations, and will not be operated by a sectarian school or | 262 |
religious institution. | 263 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 264 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 265 |
3301.0712, 3301.0715, 3301.945, 3301.946, 3313.472, 3313.50, | 266 |
3313.536, 3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, | 267 |
3313.6014, 3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, | 268 |
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, | 269 |
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, | 270 |
3313.719, 3313.80, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, | 271 |
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, | 272 |
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, | 273 |
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744., | 274 |
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code | 275 |
as if it were a school district and will comply with section | 276 |
3301.0714 of the Revised Code in the manner specified in section | 277 |
3314.17 of the Revised Code. | 278 |
(e) The school shall comply with Chapter 102. and section | 279 |
2921.42 of the Revised Code. | 280 |
(f) The school will comply with sections 3313.61, 3313.611, | 281 |
and 3313.614 of the Revised Code, except that for students who | 282 |
enter ninth grade for the first time before July 1, 2010, the | 283 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 284 |
that a person must successfully complete the curriculum in any | 285 |
high school prior to receiving a high school diploma may be met by | 286 |
completing the curriculum adopted by the governing authority of | 287 |
the community school rather than the curriculum specified in Title | 288 |
XXXIII of the Revised Code or any rules of the state board of | 289 |
education. Beginning with students who enter ninth grade for the | 290 |
first time on or after July 1, 2010, the requirement in sections | 291 |
3313.61 and 3313.611 of the Revised Code that a person must | 292 |
successfully complete the curriculum of a high school prior to | 293 |
receiving a high school diploma shall be met by completing the | 294 |
Ohio core curriculum prescribed in division (C) of section | 295 |
3313.603 of the Revised Code, unless the person qualifies under | 296 |
division (D) or (F) of that section. Each school shall comply with | 297 |
the plan for awarding high school credit based on demonstration of | 298 |
subject area competency, adopted by the state board of education | 299 |
under division (J) of section 3313.603 of the Revised Code. | 300 |
(g) The school governing authority will submit within four | 301 |
months after the end of each school year a report of its | 302 |
activities and progress in meeting the goals and standards of | 303 |
divisions (A)(3) and (4) of this section and its financial status | 304 |
to the sponsor and the parents of all students enrolled in the | 305 |
school. | 306 |
(h) The school, unless it is an internet- or computer-based | 307 |
community school, will comply with section 3313.801 of the Revised | 308 |
Code as if it were a school district. | 309 |
(i) If the school is the recipient of moneys from a grant | 310 |
awarded under the federal race to the top program, Division (A), | 311 |
Title XIV, Sections 14005 and 14006 of the "American Recovery and | 312 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 313 |
school will pay teachers based upon performance in accordance with | 314 |
section 3317.141 and will comply with section 3319.111 of the | 315 |
Revised Code as if it were a school district. | 316 |
(12) Arrangements for providing health and other benefits to | 317 |
employees; | 318 |
(13) The length of the contract, which shall begin at the | 319 |
beginning of an academic year. No contract shall exceed five years | 320 |
unless such contract has been renewed pursuant to division (E) of | 321 |
this section. | 322 |
(14) The governing authority of the school, which shall be | 323 |
responsible for carrying out the provisions of the contract; | 324 |
(15) A financial plan detailing an estimated school budget | 325 |
for each year of the period of the contract and specifying the | 326 |
total estimated per pupil expenditure amount for each such year. | 327 |
(16) Requirements and procedures regarding the disposition of | 328 |
employees of the school in the event the contract is terminated or | 329 |
not renewed pursuant to section 3314.07 of the Revised Code; | 330 |
(17) Whether the school is to be created by converting all or | 331 |
part of an existing public school or educational service center | 332 |
building or is to be a new start-up school, and if it is a | 333 |
converted public school or service center building, specification | 334 |
of any duties or responsibilities of an employer that the board of | 335 |
education or service center governing board that operated the | 336 |
school or building before conversion is delegating to the | 337 |
governing authority of the community school with respect to all or | 338 |
any specified group of employees provided the delegation is not | 339 |
prohibited by a collective bargaining agreement applicable to such | 340 |
employees; | 341 |
(18) Provisions establishing procedures for resolving | 342 |
disputes or differences of opinion between the sponsor and the | 343 |
governing authority of the community school; | 344 |
(19) A provision requiring the governing authority to adopt a | 345 |
policy regarding the admission of students who reside outside the | 346 |
district in which the school is located. That policy shall comply | 347 |
with the admissions procedures specified in sections 3314.06 and | 348 |
3314.061 of the Revised Code and, at the sole discretion of the | 349 |
authority, shall do one of the following: | 350 |
(a) Prohibit the enrollment of students who reside outside | 351 |
the district in which the school is located; | 352 |
(b) Permit the enrollment of students who reside in districts | 353 |
adjacent to the district in which the school is located; | 354 |
(c) Permit the enrollment of students who reside in any other | 355 |
district in the state. | 356 |
(20) A provision recognizing the authority of the department | 357 |
of education to take over the sponsorship of the school in | 358 |
accordance with the provisions of division (C) of section 3314.015 | 359 |
of the Revised Code; | 360 |
(21) A provision recognizing the sponsor's authority to | 361 |
assume the operation of a school under the conditions specified in | 362 |
division (B) of section 3314.073 of the Revised Code; | 363 |
(22) A provision recognizing both of the following: | 364 |
(a) The authority of public health and safety officials to | 365 |
inspect the facilities of the school and to order the facilities | 366 |
closed if those officials find that the facilities are not in | 367 |
compliance with health and safety laws and regulations; | 368 |
(b) The authority of the department of education as the | 369 |
community school oversight body to suspend the operation of the | 370 |
school under section 3314.072 of the Revised Code if the | 371 |
department has evidence of conditions or violations of law at the | 372 |
school that pose an imminent danger to the health and safety of | 373 |
the school's students and employees and the sponsor refuses to | 374 |
take such action. | 375 |
(23) A description of the learning opportunities that will be | 376 |
offered to students including both classroom-based and | 377 |
non-classroom-based learning opportunities that is in compliance | 378 |
with criteria for student participation established by the | 379 |
department under division (H)(2) of section 3314.08 of the Revised | 380 |
Code; | 381 |
(24) The school will comply with sections 3302.04 and | 382 |
3302.041 of the Revised Code, except that any action required to | 383 |
be taken by a school district pursuant to those sections shall be | 384 |
taken by the sponsor of the school. However, the sponsor shall not | 385 |
be required to take any action described in division (F) of | 386 |
section 3302.04 of the Revised Code. | 387 |
(25) Beginning in the 2006-2007 school year, the school will | 388 |
open for operation not later than the thirtieth day of September | 389 |
each school year, unless the mission of the school as specified | 390 |
under division (A)(2) of this section is solely to serve dropouts. | 391 |
In its initial year of operation, if the school fails to open by | 392 |
the thirtieth day of September, or within one year after the | 393 |
adoption of the contract pursuant to division (D) of section | 394 |
3314.02 of the Revised Code if the mission of the school is solely | 395 |
to serve dropouts, the contract shall be void. | 396 |
(B) The community school shall also submit to the sponsor a | 397 |
comprehensive plan for the school. The plan shall specify the | 398 |
following: | 399 |
(1) The process by which the governing authority of the | 400 |
school will be selected in the future; | 401 |
(2) The management and administration of the school; | 402 |
(3) If the community school is a currently existing public | 403 |
school or educational service center building, alternative | 404 |
arrangements for current public school students who choose not to | 405 |
attend the converted school and for teachers who choose not to | 406 |
teach in the school or building after conversion; | 407 |
(4) The instructional program and educational philosophy of | 408 |
the school; | 409 |
(5) Internal financial controls. | 410 |
(C) A contract entered into under section 3314.02 of the | 411 |
Revised Code between a sponsor and the governing authority of a | 412 |
community school may provide for the community school governing | 413 |
authority to make payments to the sponsor, which is hereby | 414 |
authorized to receive such payments as set forth in the contract | 415 |
between the governing authority and the sponsor. The total amount | 416 |
of such payments for oversight and monitoring of the school shall | 417 |
not exceed three per cent of the total amount of payments for | 418 |
operating expenses that the school receives from the state. | 419 |
(D) The contract shall specify the duties of the sponsor | 420 |
which shall be in accordance with the written agreement entered | 421 |
into with the department of education under division (B) of | 422 |
section 3314.015 of the Revised Code and shall include the | 423 |
following: | 424 |
(1) Monitor the community school's compliance with all laws | 425 |
applicable to the school and with the terms of the contract; | 426 |
(2) Monitor and evaluate the academic and fiscal performance | 427 |
and the organization and operation of the community school on at | 428 |
least an annual basis; | 429 |
(3) Report on an annual basis the results of the evaluation | 430 |
conducted under division (D)(2) of this section to the department | 431 |
of education and to the parents of students enrolled in the | 432 |
community school; | 433 |
(4) Provide technical assistance to the community school in | 434 |
complying with laws applicable to the school and terms of the | 435 |
contract; | 436 |
(5) Take steps to intervene in the school's operation to | 437 |
correct problems in the school's overall performance, declare the | 438 |
school to be on probationary status pursuant to section 3314.073 | 439 |
of the Revised Code, suspend the operation of the school pursuant | 440 |
to section 3314.072 of the Revised Code, or terminate the contract | 441 |
of the school pursuant to section 3314.07 of the Revised Code as | 442 |
determined necessary by the sponsor; | 443 |
(6) Have in place a plan of action to be undertaken in the | 444 |
event the community school experiences financial difficulties or | 445 |
closes prior to the end of a school year. | 446 |
(E) Upon the expiration of a contract entered into under this | 447 |
section, the sponsor of a community school may, with the approval | 448 |
of the governing authority of the school, renew that contract for | 449 |
a period of time determined by the sponsor, but not ending earlier | 450 |
than the end of any school year, if the sponsor finds that the | 451 |
school's compliance with applicable laws and terms of the contract | 452 |
and the school's progress in meeting the academic goals prescribed | 453 |
in the contract have been satisfactory. Any contract that is | 454 |
renewed under this division remains subject to the provisions of | 455 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 456 |
(F) If a community school fails to open for operation within | 457 |
one year after the contract entered into under this section is | 458 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 459 |
Code or permanently closes prior to the expiration of the | 460 |
contract, the contract shall be void and the school shall not | 461 |
enter into a contract with any other sponsor. A school shall not | 462 |
be considered permanently closed because the operations of the | 463 |
school have been suspended pursuant to section 3314.072 of the | 464 |
Revised Code. | 465 |
Sec. 3319.321. (A) No person shall release, or permit access | 466 |
to, the directory information concerning any students attending a | 467 |
public school to any person or group for use in a profit-making | 468 |
plan or activity. Notwithstanding division (B)(4) of section | 469 |
149.43 of the Revised Code, a person may require disclosure of the | 470 |
requestor's identity or the intended use of the directory | 471 |
information concerning any students attending a public school to | 472 |
ascertain whether the directory information is for use in a | 473 |
profit-making plan or activity. | 474 |
(B) No person shall release, or permit access to, personally | 475 |
identifiable information other than directory information | 476 |
concerning any student attending a public school, for purposes | 477 |
other than those identified in division (C), (E), (G), or (H) of | 478 |
this section, without the written consent of the parent, guardian, | 479 |
or custodian of each such student who is less than eighteen years | 480 |
of age, or without the written consent of each such student who is | 481 |
eighteen years of age or older. | 482 |
(1) For purposes of this section, "directory information" | 483 |
includes a student's name, address, telephone listing, | 484 |
485 | |
officially recognized activities and sports, weight and height of | 486 |
members of athletic teams, dates of attendance, date of | 487 |
graduation, and awards received. | 488 |
(2)(a) Except as provided in division (B)(2)(b) of this | 489 |
section, no school district board of education shall impose any | 490 |
restriction on the presentation of directory information that it | 491 |
has designated as subject to release in accordance with the | 492 |
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, | 493 |
20 U.S.C. 1232q, as amended, to representatives of the armed | 494 |
forces, business, industry, charitable institutions, other | 495 |
employers, and institutions of higher education unless such | 496 |
restriction is uniformly imposed on each of these types of | 497 |
representatives, except that if a student eighteen years of age or | 498 |
older or a student's parent, guardian, or custodian has informed | 499 |
the board that any or all such information should not be released | 500 |
without such person's prior written consent, the board shall not | 501 |
release that information without such person's prior written | 502 |
consent. | 503 |
(b) The names and addresses of students in grades ten through | 504 |
twelve shall be released to a recruiting officer for any branch of | 505 |
the United States armed forces who requests such information, | 506 |
except that such data shall not be released if the student or | 507 |
student's parent, guardian, or custodian submits to the board a | 508 |
written request not to release such data. Any data received by a | 509 |
recruiting officer shall be used solely for the purpose of | 510 |
providing information to students regarding military service and | 511 |
shall not be released to any person other than individuals within | 512 |
the recruiting services of the armed forces. | 513 |
(3) Except for directory information and except as provided | 514 |
in division (E), (G), or (H) of this section, information covered | 515 |
by this section that is released shall only be transferred to a | 516 |
third or subsequent party on the condition that such party will | 517 |
not permit any other party to have access to such information | 518 |
without written consent of the parent, guardian, or custodian, or | 519 |
of the student who is eighteen years of age or older. | 520 |
(4) Except as otherwise provided in this section, any parent | 521 |
of a student may give the written parental consent required under | 522 |
this section. Where parents are separated or divorced, the written | 523 |
parental consent required under this section may be obtained from | 524 |
either parent, subject to any agreement between such parents or | 525 |
court order governing the rights of such parents. In the case of a | 526 |
student whose legal guardian is in an institution, a person | 527 |
independent of the institution who has no other conflicting | 528 |
interests in the case shall be appointed by the board of education | 529 |
of the school district in which the institution is located to give | 530 |
the written parental consent required under this section. | 531 |
(5)(a) A parent of a student who is not the student's | 532 |
residential parent, upon request, shall be permitted access to any | 533 |
records or information concerning the student under the same terms | 534 |
and conditions under which access to the records or information is | 535 |
available to the residential parent of that student, provided that | 536 |
the access of the parent who is not the residential parent is | 537 |
subject to any agreement between the parents, to division (F) of | 538 |
this section, and, to the extent described in division (B)(5)(b) | 539 |
of this section, is subject to any court order issued pursuant to | 540 |
section 3109.051 of the Revised Code and any other court order | 541 |
governing the rights of the parents. | 542 |
(b) If the residential parent of a student has presented the | 543 |
keeper of a record or information that is related to the student | 544 |
with a copy of an order issued under division (H)(1) of section | 545 |
3109.051 of the Revised Code that limits the terms and conditions | 546 |
under which the parent who is not the residential parent of the | 547 |
student is to have access to records and information pertaining to | 548 |
the student or with a copy of any other court order governing the | 549 |
rights of the parents that so limits those terms and conditions, | 550 |
and if the order pertains to the record or information in | 551 |
question, the keeper of the record or information shall provide | 552 |
access to the parent who is not the residential parent only to the | 553 |
extent authorized in the order. If the residential parent has | 554 |
presented the keeper of the record or information with such an | 555 |
order, the keeper of the record shall permit the parent who is not | 556 |
the residential parent to have access to the record or information | 557 |
only in accordance with the most recent such order that has been | 558 |
presented to the keeper by the residential parent or the parent | 559 |
who is not the residential parent. | 560 |
(6) Each school district board of education shall, prior to | 561 |
the first day of August of each school year, publish on the school | 562 |
district web site a list of entities to which directory | 563 |
information was released during the previous school year. | 564 |
(C) Nothing in this section shall limit the administrative | 565 |
use of public school records by a person acting exclusively in the | 566 |
person's capacity as an employee of a board of education or of the | 567 |
state or any of its political subdivisions, any court, or the | 568 |
federal government, and nothing in this section shall prevent the | 569 |
transfer of a student's record to an educational institution for a | 570 |
legitimate educational purpose. However, except as provided in | 571 |
this section, public school records shall not be released or made | 572 |
available for any other purpose. Fingerprints, photographs, or | 573 |
records obtained pursuant to section 3313.96 or 3319.322 of the | 574 |
Revised Code, or pursuant to division (E) of this section, or any | 575 |
medical, psychological, guidance, counseling, or other information | 576 |
that is derived from the use of the fingerprints, photographs, or | 577 |
records, shall not be admissible as evidence against the minor who | 578 |
is the subject of the fingerprints, photographs, or records in any | 579 |
proceeding in any court. The provisions of this division regarding | 580 |
the administrative use of records by an employee of the state or | 581 |
any of its political subdivisions or of a court or the federal | 582 |
government shall be applicable only when the use of the | 583 |
information is required by a state statute adopted before November | 584 |
19, 1974, or by federal law. | 585 |
(D) A board of education may require, subject to division (E) | 586 |
of this section, a person seeking to obtain copies of public | 587 |
school records to pay the cost of reproduction and, in the case of | 588 |
data released under division (B)(2)(b) of this section, to pay for | 589 |
any mailing costs, which payment shall not exceed the actual cost | 590 |
to the school. | 591 |
(E) A principal or chief administrative officer of a public | 592 |
school, or any employee of a public school who is authorized to | 593 |
handle school records, shall provide access to a student's records | 594 |
to a law enforcement officer who indicates that the officer is | 595 |
conducting an investigation and that the student is or may be a | 596 |
missing child, as defined in section 2901.30 of the Revised Code. | 597 |
Free copies of information in the student's record shall be | 598 |
provided, upon request, to the law enforcement officer, if prior | 599 |
approval is given by the student's parent, guardian, or legal | 600 |
custodian. Information obtained by the officer shall be used | 601 |
solely in the investigation of the case. The information may be | 602 |
used by law enforcement agency personnel in any manner that is | 603 |
appropriate in solving the case, including, but not limited to, | 604 |
providing the information to other law enforcement officers and | 605 |
agencies and to the bureau of criminal identification and | 606 |
investigation for purposes of computer integration pursuant to | 607 |
section 2901.30 of the Revised Code. | 608 |
(F) No person shall release to a parent of a student who is | 609 |
not the student's residential parent or to any other person, or | 610 |
permit a parent of a student who is not the student's residential | 611 |
parent or permit any other person to have access to, any | 612 |
information about the location of any elementary or secondary | 613 |
school to which a student has transferred or information that | 614 |
would enable the parent who is not the student's residential | 615 |
parent or the other person to determine the location of that | 616 |
elementary or secondary school, if the elementary or secondary | 617 |
school to which the student has transferred and that requested the | 618 |
records of the student under section 3313.672 of the Revised Code | 619 |
informs the elementary or secondary school from which the | 620 |
student's records are obtained that the student is under the care | 621 |
of a shelter for victims of domestic violence, as defined in | 622 |
section 3113.33 of the Revised Code. | 623 |
(G) A principal or chief administrative officer of a public | 624 |
school, or any employee of a public school who is authorized to | 625 |
handle school records, shall comply with any order issued pursuant | 626 |
to division (D)(1) of section 2151.14 of the Revised Code, any | 627 |
request for records that is properly made pursuant to division | 628 |
(D)(3)(a) of section 2151.14 or division (A) of section 2151.141 | 629 |
of the Revised Code, and any determination that is made by a court | 630 |
pursuant to division (D)(3)(b) of section 2151.14 or division | 631 |
(B)(1) of section 2151.141 of the Revised Code. | 632 |
(H) Notwithstanding any provision of this section, a | 633 |
principal of a public school, to the extent permitted by the | 634 |
"Family Educational Rights and Privacy Act of 1974," shall make | 635 |
the report required in section 3319.45 of the Revised Code that a | 636 |
pupil committed any violation listed in division (A) of section | 637 |
3313.662 of the Revised Code on property owned or controlled by, | 638 |
or at an activity held under the auspices of, the board of | 639 |
education, regardless of whether the pupil was sixteen years of | 640 |
age or older. The principal is not required to obtain the consent | 641 |
of the pupil who is the subject of the report or the consent of | 642 |
the pupil's parent, guardian, or custodian before making a report | 643 |
pursuant to section 3319.45 of the Revised Code. | 644 |
Sec. 3326.11. Each science, technology, engineering, and | 645 |
mathematics school established under this chapter and its | 646 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 647 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 648 |
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15, | 649 |
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, | 650 |
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, | 651 |
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, | 652 |
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, | 653 |
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, | 654 |
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, | 655 |
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, | 656 |
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, | 657 |
3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, | 658 |
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 659 |
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., | 660 |
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code | 661 |
as if it were a school district. | 662 |
Sec. 3328.24. A college-preparatory boarding school | 663 |
established under this chapter and its board of trustees shall | 664 |
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, | 665 |
3301.0714, 3301.945, 3301.946, 3313.6411, 3319.39, and 3319.391 of | 666 |
the Revised Code as if the school were a school district and the | 667 |
school's board of trustees were a district board of education. | 668 |
Section 2. That existing sections 3314.03, 3319.321, | 669 |
3326.11, and 3328.24 of the Revised Code are hereby repealed. | 670 |
Section 3. That the version of section 3326.11 of the Revised | 671 |
Code that is scheduled to take effect on July 1, 2014, be amended | 672 |
to read as follows: | 673 |
Sec. 3326.11. Each science, technology, engineering, and | 674 |
mathematics school established under this chapter and its | 675 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 676 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 677 |
3301.0714, 3301.0715, 3301.945, 3301.946, 3313.14, 3313.15, | 678 |
3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, | 679 |
3313.482, 3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, | 680 |
3313.6013, 3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, | 681 |
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, | 682 |
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, | 683 |
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, | 684 |
3313.801, 3313.814, 3313.816, 3313.817, 3313.86, 3313.96, | 685 |
3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, | 686 |
3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, | 687 |
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 688 |
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., | 689 |
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code | 690 |
as if it were a school district. | 691 |
Section 4. That the existing version of section 3326.11 of | 692 |
the Revised Code that is scheduled to take effect on July 1, 2014, | 693 |
is hereby repealed. | 694 |
Section 5. Sections 3 and 4 of this act shall take effect on | 695 |
July 1, 2014. | 696 |