Bill Text: OH HB180 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: With regard to sudden cardiac arrest in youth athletic activities.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-05-28 - To Health and Aging [HB180 Detail]

Download: Ohio-2013-HB180-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 180

Representative Pillich 

Cosponsors: Representatives Antonio, Hagan, R., Strahorn 

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A BILL

To amend sections 3314.03 and 3326.11 and to enact

1

sections 3313.5310, 3707.56, and 3707.57 of the

2

Revised Code with regard to sudden cardiac arrest

3

in youth athletic activities.

4

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

Section 1. That sections 3314.03 and 3326.11 be amended and	5
sections 3313.5310, 3707.56, and 3707.57 of the Revised Code be	6
enacted to read as follows:	7

Sec. 3313.5310.  (A)(1) This section applies to both of the	8
following:	9

(a) Any school operated by a school district board of	10
education;	11

(b) Any chartered or nonchartered nonpublic school that is	12
subject to the rules of an interscholastic conference or an	13
organization that regulates interscholastic conferences or events.	14

(2) As used in this section, "athletic activity" means all of	15
the following:	16

(a) Interscholastic athletics;

17

(b) An athletic contest or competition that is sponsored by	18
or associated with a school that is subject to this section,	19
including cheerleading, club-sponsored sports activities, and	20
sports activities sponsored by school-affiliated organizations;	21

(c) Noncompetitive cheerleading that is sponsored by	22
school-affiliated organizations;	23

(d) Practices, interschool practices, and scrimmages for all	24
of the activities described in divisions (A)(2)(a), (b), and (c)	25
of this section.	26

(B) Prior to the start of each athletic season, a school that	27
is subject to this section may hold an informational meeting for	28
students, parents, guardians, other persons having care or charge	29
of a student, physicians, pediatric cardiologists, athletic	30
trainers, and any other persons regarding the symptoms and warning	31
signs of sudden cardiac arrest for all ages of students.	32

(C) No student shall participate in an athletic event until	33
the student has submitted to a designated school official a form	34
signed by the student and the parent, guardian, or other person	35
having care or charge of the student stating that the student and	36
the parent, guardian, or other person having care or charge of the	37
student have received and reviewed a copy of the information	38
developed by the departments of health and education and posted on	39
their respective internet web sites as required by section 3707.57	40
of the Revised Code. A completed form shall be submitted each	41
school year, as defined in section 3313.62 of the Revised Code,	42
for each athletic activity in which the student participates.	43

(D) No individual shall coach an athletic activity unless the	44
individual has completed, within the previous year, the sudden	45
cardiac arrest training course approved by the department of	46
health under division (C) of section 3707.57 of the Revised Code.	47

(E)(1) A student shall not be allowed to participate in an	48
athletic activity if the student is known to have exhibited signs	49
or symptoms of sudden cardiac arrest at any time prior to or	50
following an athletic activity.	51

(2) A student shall be removed by the student's coach from	52
participation in an athletic activity if the student exhibits	53
signs or symptoms of sudden cardiac arrest as determined by any of	54
the following:	55

(a) A game official;

56

(b) A coach of the student's team;

57

(c) An athletic trainer licensed under Chapter 4755. of the	58
Revised Code;	59

(d) A physician authorized under Chapter 4731. of the Revised	60
Code to practice medicine and surgery or osteopathic medicine and	61
surgery;	62

(e) Any other official designated by a school that is subject	63
to this section.	64

(3) If a student is not allowed to participate in or is	65
removed from participation in an athletic activity under division	66
(E)(1) or (2) of this section, the student shall not return to	67
participation until the student is evaluated and cleared for	68
return in writing by any of the following:	69

(a) A physician authorized under Chapter 4731. of the Revised	70
Code to practice medicine and surgery or osteopathic medicine and	71
surgery;	72

(b) A certified nurse practitioner, clinical nurse	73
specialist, or certified nurse-midwife who holds a certificate of	74
authority issued under Chapter 4723. of the Revised Code;	75

(c) A physician authorized under Chapter 4731. of the Revised	76
Code to practice medicine and surgery or osteopathic medicine and	77
surgery who specializes in cardiology.	78

The licensed health care providers specified in divisions	79
(E)(3)(a) and (b) of this section may consult with any other	80
licensed or certified health care providers in order to determine	81
whether a student is ready to return to participation.	82

(F) A school that is subject to this section shall establish	83
the following minimum penalties for a coach who violates the	84
provisions of division (E) of this section:	85

(1) For a first violation, suspension from coaching any	86
athletic activity for the remainder of the season;	87

(2) For a second violation, suspension from coaching any	88
athletic activity for the remainder of the season and for the next	89
season;	90

(3) For a third violation, permanent suspension from coaching	91
any athletic activity.	92

(G) Nothing in this section shall be construed to do either	93
of the following:	94

(1) Abridge or limit any rights provided under a collective	95
bargaining agreement entered into under Chapter 4117. of the	96
Revised Code prior to the effective date of this section;	97

(2) Create, establish, expand, reduce, contract, or eliminate	98
any civil liability on the part of any school that is subject to	99
this section or any employee of a school that is subject to this	100
section.	101

Sec. 3314.03.  A copy of every contract entered into under	102
this section shall be filed with the superintendent of public	103
instruction. The department of education shall make available on	104
its web site a copy of every approved, executed contract filed	105
with the superintendent under this section.	106

(A) Each contract entered into between a sponsor and the	107
governing authority of a community school shall specify the	108
following:	109

(1) That the school shall be established as either of the	110
following:	111

(a) A nonprofit corporation established under Chapter 1702.	112
of the Revised Code, if established prior to April 8, 2003;	113

(b) A public benefit corporation established under Chapter	114
1702. of the Revised Code, if established after April 8, 2003.	115

(2) The education program of the school, including the	116
school's mission, the characteristics of the students the school	117
is expected to attract, the ages and grades of students, and the	118
focus of the curriculum;	119

(3) The academic goals to be achieved and the method of	120
measurement that will be used to determine progress toward those	121
goals, which shall include the statewide achievement assessments;	122

(4) Performance standards by which the success of the school	123
will be evaluated by the sponsor;	124

(5) The admission standards of section 3314.06 of the Revised	125
Code and, if applicable, section 3314.061 of the Revised Code;	126

(6)(a) Dismissal procedures;

127

(b) A requirement that the governing authority adopt an	128
attendance policy that includes a procedure for automatically	129
withdrawing a student from the school if the student without a	130
legitimate excuse fails to participate in one hundred five	131
consecutive hours of the learning opportunities offered to the	132
student.	133

(7) The ways by which the school will achieve racial and	134
ethnic balance reflective of the community it serves;	135

(8) Requirements for financial audits by the auditor of	136
state. The contract shall require financial records of the school	137
to be maintained in the same manner as are financial records of	138
school districts, pursuant to rules of the auditor of state.	139
Audits shall be conducted in accordance with section 117.10 of the	140
Revised Code.	141

(9) The facilities to be used and their locations;

142

(10) Qualifications of teachers, including the following:

143

(a) A requirement that the school's classroom teachers be	144
licensed in accordance with sections 3319.22 to 3319.31 of the	145
Revised Code, except that a community school may engage	146
noncertificated persons to teach up to twelve hours per week	147
pursuant to section 3319.301 of the Revised Code;	148

(b) A requirement that each classroom teacher initially hired	149
by the school on or after July 1, 2013, and employed to provide	150
instruction in physical education hold a valid license issued	151
pursuant to section 3319.22 of the Revised Code for teaching	152
physical education.	153

(11) That the school will comply with the following	154
requirements:	155

(a) The school will provide learning opportunities to a	156
minimum of twenty-five students for a minimum of nine hundred	157
twenty hours per school year.	158

(b) The governing authority will purchase liability	159
insurance, or otherwise provide for the potential liability of the	160
school.	161

(c) The school will be nonsectarian in its programs,	162
admission policies, employment practices, and all other	163
operations, and will not be operated by a sectarian school or	164
religious institution.	165

(d) The school will comply with sections 9.90, 9.91, 109.65,	166
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	167
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	168
3313.5310, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,	169
3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,	170
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,	171
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	172
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	173
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	174
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	175
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	176
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	177
were a school district and will comply with section 3301.0714 of	178
the Revised Code in the manner specified in section 3314.17 of the	179
Revised Code.	180

(e) The school shall comply with Chapter 102. and section	181
2921.42 of the Revised Code.	182

(f) The school will comply with sections 3313.61, 3313.611,	183
and 3313.614 of the Revised Code, except that for students who	184
enter ninth grade for the first time before July 1, 2010, the	185
requirement in sections 3313.61 and 3313.611 of the Revised Code	186
that a person must successfully complete the curriculum in any	187
high school prior to receiving a high school diploma may be met by	188
completing the curriculum adopted by the governing authority of	189
the community school rather than the curriculum specified in Title	190
XXXIII of the Revised Code or any rules of the state board of	191
education. Beginning with students who enter ninth grade for the	192
first time on or after July 1, 2010, the requirement in sections	193
3313.61 and 3313.611 of the Revised Code that a person must	194
successfully complete the curriculum of a high school prior to	195
receiving a high school diploma shall be met by completing the	196
Ohio core curriculum prescribed in division (C) of section	197
3313.603 of the Revised Code, unless the person qualifies under	198
division (D) or (F) of that section. Each school shall comply with	199
the plan for awarding high school credit based on demonstration of	200
subject area competency, adopted by the state board of education	201
under division (J) of section 3313.603 of the Revised Code.	202

(g) The school governing authority will submit within four	203
months after the end of each school year a report of its	204
activities and progress in meeting the goals and standards of	205
divisions (A)(3) and (4) of this section and its financial status	206
to the sponsor and the parents of all students enrolled in the	207
school.	208

(h) The school, unless it is an internet- or computer-based	209
community school, will comply with section 3313.801 of the Revised	210
Code as if it were a school district.	211

(i) If the school is the recipient of moneys from a grant	212
awarded under the federal race to the top program, Division (A),	213
Title XIV, Sections 14005 and 14006 of the "American Recovery and	214
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	215
school will pay teachers based upon performance in accordance with	216
section 3317.141 and will comply with section 3319.111 of the	217
Revised Code as if it were a school district.	218

(12) Arrangements for providing health and other benefits to	219
employees;	220

(13) The length of the contract, which shall begin at the	221
beginning of an academic year. No contract shall exceed five years	222
unless such contract has been renewed pursuant to division (E) of	223
this section.	224

(14) The governing authority of the school, which shall be	225
responsible for carrying out the provisions of the contract;	226

(15) A financial plan detailing an estimated school budget	227
for each year of the period of the contract and specifying the	228
total estimated per pupil expenditure amount for each such year.	229
The plan shall specify for each year the base formula amount that	230
will be used for purposes of funding calculations under section	231
3314.08 of the Revised Code. This base formula amount for any year	232
shall not exceed the formula amount defined under section 3317.02	233
of the Revised Code. The plan may also specify for any year a	234
percentage figure to be used for reducing the per pupil amount of	235
the subsidy calculated pursuant to section 3317.029 of the Revised	236
Code the school is to receive that year under section 3314.08 of	237
the Revised Code.	238

(16) Requirements and procedures regarding the disposition of	239
employees of the school in the event the contract is terminated or	240
not renewed pursuant to section 3314.07 of the Revised Code;	241

(17) Whether the school is to be created by converting all or	242
part of an existing public school or educational service center	243
building or is to be a new start-up school, and if it is a	244
converted public school or service center building, specification	245
of any duties or responsibilities of an employer that the board of	246
education or service center governing board that operated the	247
school or building before conversion is delegating to the	248
governing authority of the community school with respect to all or	249
any specified group of employees provided the delegation is not	250
prohibited by a collective bargaining agreement applicable to such	251
employees;	252

(18) Provisions establishing procedures for resolving	253
disputes or differences of opinion between the sponsor and the	254
governing authority of the community school;	255

(19) A provision requiring the governing authority to adopt a	256
policy regarding the admission of students who reside outside the	257
district in which the school is located. That policy shall comply	258
with the admissions procedures specified in sections 3314.06 and	259
3314.061 of the Revised Code and, at the sole discretion of the	260
authority, shall do one of the following:	261

(a) Prohibit the enrollment of students who reside outside	262
the district in which the school is located;	263

(b) Permit the enrollment of students who reside in districts	264
adjacent to the district in which the school is located;	265

(c) Permit the enrollment of students who reside in any other	266
district in the state.	267

(20) A provision recognizing the authority of the department	268
of education to take over the sponsorship of the school in	269
accordance with the provisions of division (C) of section 3314.015	270
of the Revised Code;	271

(21) A provision recognizing the sponsor's authority to	272
assume the operation of a school under the conditions specified in	273
division (B) of section 3314.073 of the Revised Code;	274

(22) A provision recognizing both of the following:

275

(a) The authority of public health and safety officials to	276
inspect the facilities of the school and to order the facilities	277
closed if those officials find that the facilities are not in	278
compliance with health and safety laws and regulations;	279

(b) The authority of the department of education as the	280
community school oversight body to suspend the operation of the	281
school under section 3314.072 of the Revised Code if the	282
department has evidence of conditions or violations of law at the	283
school that pose an imminent danger to the health and safety of	284
the school's students and employees and the sponsor refuses to	285
take such action.	286

(23) A description of the learning opportunities that will be	287
offered to students including both classroom-based and	288
non-classroom-based learning opportunities that is in compliance	289
with criteria for student participation established by the	290
department under division (L)(2) of section 3314.08 of the Revised	291
Code;	292

(24) The school will comply with sections 3302.04 and	293
3302.041 of the Revised Code, except that any action required to	294
be taken by a school district pursuant to those sections shall be	295
taken by the sponsor of the school. However, the sponsor shall not	296
be required to take any action described in division (F) of	297
section 3302.04 of the Revised Code.	298

(25) Beginning in the 2006-2007 school year, the school will	299
open for operation not later than the thirtieth day of September	300
each school year, unless the mission of the school as specified	301
under division (A)(2) of this section is solely to serve dropouts.	302
In its initial year of operation, if the school fails to open by	303
the thirtieth day of September, or within one year after the	304
adoption of the contract pursuant to division (D) of section	305
3314.02 of the Revised Code if the mission of the school is solely	306
to serve dropouts, the contract shall be void.	307

(B) The community school shall also submit to the sponsor a	308
comprehensive plan for the school. The plan shall specify the	309
following:	310

(1) The process by which the governing authority of the	311
school will be selected in the future;	312

(2) The management and administration of the school;

313

(3) If the community school is a currently existing public	314
school or educational service center building, alternative	315
arrangements for current public school students who choose not to	316
attend the converted school and for teachers who choose not to	317
teach in the school or building after conversion;	318

(4) The instructional program and educational philosophy of	319
the school;	320

(5) Internal financial controls.

321

(C) A contract entered into under section 3314.02 of the	322
Revised Code between a sponsor and the governing authority of a	323
community school may provide for the community school governing	324
authority to make payments to the sponsor, which is hereby	325
authorized to receive such payments as set forth in the contract	326
between the governing authority and the sponsor. The total amount	327
of such payments for oversight and monitoring of the school shall	328
not exceed three per cent of the total amount of payments for	329
operating expenses that the school receives from the state.	330

(D) The contract shall specify the duties of the sponsor	331
which shall be in accordance with the written agreement entered	332
into with the department of education under division (B) of	333
section 3314.015 of the Revised Code and shall include the	334
following:	335

(1) Monitor the community school's compliance with all laws	336
applicable to the school and with the terms of the contract;	337

(2) Monitor and evaluate the academic and fiscal performance	338
and the organization and operation of the community school on at	339
least an annual basis;	340

(3) Report on an annual basis the results of the evaluation	341
conducted under division (D)(2) of this section to the department	342
of education and to the parents of students enrolled in the	343
community school;	344

(4) Provide technical assistance to the community school in	345
complying with laws applicable to the school and terms of the	346
contract;	347

(5) Take steps to intervene in the school's operation to	348
correct problems in the school's overall performance, declare the	349
school to be on probationary status pursuant to section 3314.073	350
of the Revised Code, suspend the operation of the school pursuant	351
to section 3314.072 of the Revised Code, or terminate the contract	352
of the school pursuant to section 3314.07 of the Revised Code as	353
determined necessary by the sponsor;	354

(6) Have in place a plan of action to be undertaken in the	355
event the community school experiences financial difficulties or	356
closes prior to the end of a school year.	357

(E) Upon the expiration of a contract entered into under this	358
section, the sponsor of a community school may, with the approval	359
of the governing authority of the school, renew that contract for	360
a period of time determined by the sponsor, but not ending earlier	361
than the end of any school year, if the sponsor finds that the	362
school's compliance with applicable laws and terms of the contract	363
and the school's progress in meeting the academic goals prescribed	364
in the contract have been satisfactory. Any contract that is	365
renewed under this division remains subject to the provisions of	366
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	367

(F) If a community school fails to open for operation within	368
one year after the contract entered into under this section is	369
adopted pursuant to division (D) of section 3314.02 of the Revised	370
Code or permanently closes prior to the expiration of the	371
contract, the contract shall be void and the school shall not	372
enter into a contract with any other sponsor. A school shall not	373
be considered permanently closed because the operations of the	374
school have been suspended pursuant to section 3314.072 of the	375
Revised Code.	376

Sec. 3326.11. Each science, technology, engineering, and	377
mathematics school established under this chapter and its	378
governing body shall comply with sections 9.90, 9.91, 109.65,	379
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	380
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	381
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	382
3313.536, 3313.539, 3313.5310, 3313.608, 3313.6012, 3313.6013,	383
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615,	384
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	385
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	386
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	387
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073,	388
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41,	389
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	390
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	391
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742.,	392
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	393
school district.	394

Sec. 3707.56.  A sponsor of an athletic activity that is not	395
associated with a school that is subject to section 3313.5310 of	396
the Revised Code is encouraged to follow the provisions of that	397
section.	398

Sec. 3707.57.  (A) The department of health and the	399
department of education jointly shall develop and shall post on	400
their respective internet web sites guidelines and other relevant	401
materials to inform and educate students participating in or	402
desiring to participate in an athletic activity, their parents,	403
and their coaches about the nature and warning signs of sudden	404
cardiac arrest. These guidelines and materials shall address the	405
risks associated with continuing to participate in an athletic	406
event after experiencing one or more symptoms of sudden cardiac	407
arrest, such as fainting, difficulty breathing, chest pains,	408
dizziness, and an abnormal racing heart rate.	409

(B) In developing guidelines and materials under division (A)	410
of this section, the departments may utilize existing materials	411
developed by the parent heart watch organization, the sudden	412
arrhythmia death syndromes foundation, and any other organizations	413
deemed appropriate by the departments.	414

(C) For purposes of the training required for a coach of an	415
athletic activity under division (D) of section 3313.5310 of the	416
Revised Code, the department of health shall approve a sudden	417
cardiac training course offered by an outside entity.	418

Section 2.  That existing sections 3314.03 and 3326.11 of the	419
Revised Code are hereby repealed.	420