The 126th General Assembly certainly provided a challenge for Ohio’s governmental agencies and school districts to meet a variety of new compliance standards. In some cases, these requirements have been topics of discussion for some time, while in other cases, there is confusion as to when and how the requirement is to be implemented. NEOLA will continue to monitor legislative activities and the rule-writing activities of the assigned State agency in order to keep you informed of policy changes and additions that are required by this evolving body of law. Some of these items are addressed in this Update package, while others will be included in subsequent updates. Other legislative actions have no necessary impact to district policies, but may be referenced for your information because of their significance to the operations of Ohio’s school districts.

Listed are several of the bills passed and key provisions of the legislation:

• Requires the Attorney General to develop and provide a model public records policy and requires districts to adopt a public records policy in compliance with the law.
• Requires the Attorney General to develop, provide, and certify training programs and seminars about the Public Records Law. All elected officials or their designees are required to attend training about the Public Records Law.
• Requires the Auditor of State to check for compliance with the training and policy provisions of the Act.
• Specifies conditions for redaction of information, processing of requests for public records, and provides for penalties and award of damages for failure to comply with the Public Records Law

** The Attorney General is charged with development of model policy and training for public officials. Anticipated release is September 2007.

• Requires criminal records checks of applicants prior to renewing an educator license and every five years for persons teaching under an eight-year professional teaching certificate or a permanent teaching certificate.
• Requires the submission of information to the Superintendent of Public Instruction about specified misconduct by employees licensed by the State Board.
• Requires that reports of investigations of employee misconduct be kept in the employee’s personnel file pending determination by the Superintendent of Public Instruction.
• Requires adoption of a student acceleration policy and submission of the policy to the Ohio Department of Education for approval.
• Requires filing of a school floor plan with the school safety plan with the Attorney General rather than a building blue print. (Policy 8400 revision)
• Requires that property suitable for classroom use be offered for sale to start-up community schools if not used for one full school year. (Policy 7300 revision)
• Includes additional provisions regarding Educational Choice Scholarships, Community Schools, and the Educational Regional Service System.

• Requires the adoption of a policy prohibiting harassment intimidation, or bullying of any student on school property or at a school-sponsored activity.
• Requires the State Board of Education to develop a model policy prohibiting student harassment, intimidation, or bullying.
• Requires the Auditor of State to check for compliance with the policy provisions of the Act.
• Requires training in violence and substance abuse prevention and positive youth development for elementary school employees.
• Includes additional provisions regarding the third grade reading achievement test, ninth grade proficiency tests, kindergarten readiness assessment, community schools, and the repeal of authorization for teachers to temporarily teach outside of subject area licensure.

• Permits students to possess and use epinephrine autoinjectors (epi-pens) with written approval of prescriber of medication, parent/legal guardian, and provision of backup medication to the school.
• Requires a request of assistance from an emergency medical service provider whenever epinephrine is administered at school or at a school activity.

• Establishes the Ohio Core Curriculum of 20 specified units of study required for high school graduation, beginning with the Class of 2014.
• Requires integration of economics and financial literacy instruction into a required course.
• Requires students to complete two semesters of fine arts in any of grades 7-12, except for students enrolled in career-technical programs.
• Requires districts to adopt a procedure for notifying parents of the Ohio Core Curriculum requirements.
• Permits a Board to adopt a policy to excuse from physical education students who have participated in interscholastic athletics, marching band, or cheerleading for at least two seasons. Excused students, however, must complete one-half unit of at least 60 hours of instruction in another course of study. Several significant questions remain unanswered regarding the implementation of this provision and a challenge/correction to this option is being launched in both the Legislature and the Ohio Department of Education. Thus, NEOLA has not provided policy language nor does it recommend action to implement this provision at this time.

• Changes the term of employment of a school district or ESC treasurer to a term of not more than five years.
• Changes employment contract beginning and ending dates and alters the deadlines for appointing, re-appointing, or nonrenewing a treasurer.
• Clarifies that the treasurer reports to the district or ESC board.
• Specifies that the treasurer directs and assigns employees engaged in day-to-day fiscal operations and as designated by the Board.
• Requires the Board to adopt procedures for the evaluation of the treasurer.

The Act provides temporary provisions for the transition from contracts entered into under prior law, but expiring after the Act takes effect, to the new contracts. Under these provisions, a treasurer whose contract expires on or before January 31, 2008, may be re-employed any time prior to October 31, 2007, or if the board intends not to renew the treasurer's contract, it must give written notice by that latter date. A treasurer whose contract expires after January 31, 2008, may be re-employed just as provided under permanent law amended by the act, except that the new contract starts the day after the treasurer's current contract expires, instead of August 1. If the board intends not to renew a contract expiring after January 31, 2008, it must give written notice by March 1 of the year the contract expires.

If a board does not re-employ a treasurer who was employed under prior law, the successor may be appointed at any regular or special meeting before the expiration of the current treasurer's contract. The successor's term begins the day after the current treasurer's term expires and ends July 31, 2008, 2009, 2010, 2011, 2012, or 2013, but may not exceed five years. Thereafter, the appointment and terms of office of all treasurers must be in accordance with the Act's permanent provisions.