HB 189: Regards statewide school behavioral threat management process

As Introduced

6th General Assembly

Regular Session H. B. No. 189

Representatives Hall, T., Ghanbari

Cosponsors: Representatives Williams, Brennan, Miller, K., Robb Blasdel

A B I L L

To amend sections 3313.669, 3314.03, 3326.11, 1
3328.24, and 5502.99 and to enact section 2
5502.264 of the Revised Code regarding a 3
statewide behavioral threat management 4
operational process for public and chartered 5
nonpublic schools. 6

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

Section 1. That sections 3313.669, 3314.03, 3326.11, 7
3328.24, and 5502.99 be amended and section 5502.264 of the 8
Revised Code be enacted to read as follows: 9
Sec. 3313.669. (A) Beginning not later than two years 10
after the effective date of this section, each Each local, city, 11
exempted village, and joint vocational school district shall 12
create a threat assessment team for each school building in the 13
district serving grades six through twelve. Upon appointment and 14
once every three years thereafter, each team member shall 15
complete an approved threat assessment training program from the 16
list maintained by the department of public safety pursuant to 17
section 5502.263 of the Revised Code. 18

H. B. No. 189 As Introduced

(B)(1) If a school building has a similarly constituted 19
safety team as of the effective date of this section, that team 20
also may serve as the threat assessment team, provided that the 21
team and each member comply with the requirements of this 22
section. 23
(2) If members of a team described in division (B)(1) of 24
this section that have completed a training program in the year 25
immediately preceding the implementation date specified in 26
division (A) of this section that later is approved by the 27
department, the team members shall not be required to complete 28
the training program for two years after the implementation 29
date. A new member that joins a team described in division (B) 30
(2) of this section shall complete an approved training program 31
upon appointment. 32
(C) Each district building shall include proof of 33
completion of an approved training program by each team member 34
in the building's emergency management plan submission to the 35
director of public safety in accordance with rules adopted under 36
division (F) of section 5502.262 of the Revised Code. 37
(D)(1) Each team shall be multidisciplinary, when 38
possible, and may include school administrators, mental health 39
professionals, school resource officers, and other necessary 40
personnel. 41
(2) Each team shall include at least one member who has 42
personal familiarity with the individual who is the subject of 43
the threat assessment. If no member of the threat assessment 44
team has such familiarity, an administrator or school employee 45
who is personally familiar with the individual who is the 46
subject of the threat assessment shall consult with the threat 47
assessment team for the purpose of assessing the threat. The 48

H. B. No. 189 As Introduced

administrator or employee who provides such consultation shall 49
not participate in the decision-making process. 50

(D)(E) A school or school district, member of a district board of education or governing authority, or a district or school employee, including a school threat assessment team member, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from a team member's execution of duties related to school safety unless the team member's act or omission constitutes willful or wanton misconduct.

This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a district board or governing authority, or district or school employee, including a threat assessment team member, may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.

Sec. 3314.03. A copy of every contract entered into under 65
this section shall be filed with the director of education and 66
workforce. The department of education and workforce shall make 67
available on its web site a copy of every approved, executed 68
contract filed with the director under this section. 69
(A) Each contract entered into between a sponsor and the 70
governing authority of a community school shall specify the 71
following: 72
(1) That the school shall be established as either of the 73
following: 74
(a) A nonprofit corporation established under Chapter 75
1702. of the Revised Code, if established prior to April 8, 76
2003; 77

H. B. No. 189 As Introduced

(b) A public benefit corporation established under Chapter 78
1702. of the Revised Code, if established after April 8, 2003. 79
(2) The education program of the school, including the 80
school's mission, the characteristics of the students the school 81
is expected to attract, the ages and grades of students, and the 82
focus of the curriculum; 83
(3) The academic goals to be achieved and the method of 84
measurement that will be used to determine progress toward those 85
goals, which shall include the statewide achievement 86
assessments; 87
(4) Performance standards, including but not limited to 88
all applicable report card measures set forth in section 3302.03 89
or 3314.017 of the Revised Code, by which the success of the 90
school will be evaluated by the sponsor; 91
(5) The admission standards of section 3314.06 of the 92
Revised Code and, if applicable, section 3314.061 of the Revised 93
Code; 94
(6)(a) Dismissal procedures; 95
(b) A requirement that the governing authority adopt an 96
attendance policy that includes a procedure for automatically 97
withdrawing a student from the school if the student without a 98
legitimate excuse fails to participate in seventy-two 99
consecutive hours of the learning opportunities offered to the 100
student. 101
(7) The ways by which the school will achieve racial and 102
ethnic balance reflective of the community it serves; 103
(8) Requirements for financial audits by the auditor of 104
state. The contract shall require financial records of the 105

H. B. No. 189 As Introduced

school to be maintained in the same manner as are financial 106
records of school districts, pursuant to rules of the auditor of 107
state. Audits shall be conducted in accordance with section 108
117.10 of the Revised Code. 109
(9) An addendum to the contract outlining the facilities 110
to be used that contains at least the following information: 111
(a) A detailed description of each facility used for 112
instructional purposes; 113
(b) The annual costs associated with leasing each facility 114
that are paid by or on behalf of the school; 115
(c) The annual mortgage principal and interest payments 116
that are paid by the school; 117
(d) The name of the lender or landlord, identified as 118
such, and the lender's or landlord's relationship to the 119
operator, if any. 120
(10) Qualifications of employees, including both of the 121
following: 122
(a) A requirement that the school's classroom teachers be 123
licensed in accordance with sections 3319.22 to 3319.31 of the 124
Revised Code, except that a community school may engage 125
noncertificated persons to teach up to twelve hours or forty 126
hours per week pursuant to section 3319.301 of the Revised Code; 127
(b) A prohibition against the school employing an 128
individual described in section 3314.104 of the Revised Code in 129
any position. 130
(11) That the school will comply with the following 131
requirements: 132

H. B. No. 189 As Introduced

(a) The school will provide learning opportunities to a 133
minimum of twenty-five students for a minimum of nine hundred 134
twenty hours per school year. 135
(b) The governing authority will purchase liability 136
insurance, or otherwise provide for the potential liability of 137
the school. 138
(c) The school will be nonsectarian in its programs, 139
admission policies, employment practices, and all other 140
operations, and will not be operated by a sectarian school or 141
religious institution. 142
(d) The school will comply with sections 9.90, 9.91, 143
109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 144
3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 145
3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 146
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 147
3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.643, 148
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 149
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 150
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 151
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 152
3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 153
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 154
3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 155
3319.391, 3319.393, 3319.41, 3319.46, 3319.614, 3320.01, 156
3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 157
3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 158
3327.10, 4111.17, 4113.52, 5502.262, 5502.264, 5502.703, and 159
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 160
4123., 4141., and 4167. of the Revised Code as if it were a 161
school district and will comply with section 3301.0714 of the 162

H. B. No. 189 As Introduced

Revised Code in the manner specified in section 3314.17 of the 163
Revised Code. 164
(e) The school shall comply with Chapter 102. and section 165
2921.42 of the Revised Code. 166
(f) The school will comply with sections 3313.61, 167
3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the 168
Revised Code, except that for students who enter ninth grade for 169
the first time before July 1, 2010, the requirement in sections 170
3313.61 and 3313.611 of the Revised Code that a person must 171
successfully complete the curriculum in any high school prior to 172
receiving a high school diploma may be met by completing the 173
curriculum adopted by the governing authority of the community 174
school rather than the curriculum specified in Title XXXIII of 175
the Revised Code or any rules of the department. Beginning with 176
students who enter ninth grade for the first time on or after 177
July 1, 2010, the requirement in sections 3313.61 and 3313.611 178
of the Revised Code that a person must successfully complete the 179
curriculum of a high school prior to receiving a high school 180
diploma shall be met by completing the requirements prescribed 181
in section 3313.6027 and division (C) of section 3313.603 of the 182
Revised Code, unless the person qualifies under division (D) or 183
(F) of that section. Each school shall comply with the plan for 184
awarding high school credit based on demonstration of subject 185
area competency, and beginning with the 2017-2018 school year, 186
with the updated plan that permits students enrolled in seventh 187
and eighth grade to meet curriculum requirements based on 188
subject area competency adopted by the department under 189
divisions (J)(1) and (2) of section 3313.603 of the Revised 190
Code. Beginning with the 2018-2019 school year, the school shall 191
comply with the framework for granting units of high school 192
credit to students who demonstrate subject area competency 193

H. B. No. 189 As Introduced

through work-based learning experiences, internships, or 194
cooperative education developed by the department under division 195
(J)(3) of section 3313.603 of the Revised Code. 196
(g) The school governing authority will submit within four 197
months after the end of each school year a report of its 198
activities and progress in meeting the goals and standards of 199
divisions (A)(3) and (4) of this section and its financial 200
status to the sponsor and the parents of all students enrolled 201
in the school. 202
(h) The school, unless it is an internet- or computer- 203
based community school, will comply with section 3313.801 of the 204
Revised Code as if it were a school district. 205
(i) If the school is the recipient of moneys from a grant 206
awarded under the federal race to the top program, Division (A), 207
Title XIV, Sections 14005 and 14006 of the "American Recovery 208
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, 209
the school will pay teachers based upon performance in 210
accordance with section 3317.141 and will comply with section 211
3319.111 of the Revised Code as if it were a school district. 212
(j) If the school operates a preschool program that is 213
licensed by the department under sections 3301.52 to 3301.59 of 214
the Revised Code, the school shall comply with sections 3301.50 215
to 3301.59 of the Revised Code and the minimum standards for 216
preschool programs prescribed in rules adopted by the department 217
of children and youth under section 3301.53 of the Revised Code. 218
(k) The school will comply with sections 3313.6021 and 219
3313.6023 of the Revised Code as if it were a school district 220
unless it is either of the following: 221
(i) An internet- or computer-based community school; 222

H. B. No. 189 As Introduced

(ii) A community school in which a majority of the 223
enrolled students are children with disabilities as described in 224
division (B)(2) of section 3314.35 of the Revised Code. 225
(l) The school will comply with section 3321.191 of the 226
Revised Code, unless it is an internet- or computer-based 227
community school that is subject to section 3314.261 of the 228
Revised Code. 229
(12) Arrangements for providing health and other benefits 230
to employees; 231
(13) The length of the contract, which shall begin at the 232
beginning of an academic year. No contract shall exceed five 233
years unless such contract has been renewed pursuant to division 234
(E) of this section. 235
(14) The governing authority of the school, which shall be 236
responsible for carrying out the provisions of the contract; 237
(15) A financial plan detailing an estimated school budget 238
for each year of the period of the contract and specifying the 239
total estimated per pupil expenditure amount for each such year. 240
(16) Requirements and procedures regarding the disposition 241
of employees of the school in the event the contract is 242
terminated or not renewed pursuant to section 3314.07 of the 243
Revised Code; 244
(17) Whether the school is to be created by converting all 245
or part of an existing public school or educational service 246
center building or is to be a new start-up school, and if it is 247
a converted public school or service center building, 248
specification of any duties or responsibilities of an employer 249
that the board of education or service center governing board 250
that operated the school or building before conversion is 251

H. B. No. 189 As Introduced

delegating to the governing authority of the community school 252
with respect to all or any specified group of employees provided 253
the delegation is not prohibited by a collective bargaining 254
agreement applicable to such employees; 255
(18) Provisions establishing procedures for resolving 256
disputes or differences of opinion between the sponsor and the 257
governing authority of the community school; 258
(19) A provision requiring the governing authority to 259
adopt a policy regarding the admission of students who reside 260
outside the district in which the school is located. That policy 261
shall comply with the admissions procedures specified in 262
sections 3314.06 and 3314.061 of the Revised Code and, at the 263
sole discretion of the authority, shall do one of the following: 264
(a) Prohibit the enrollment of students who reside outside 265
the district in which the school is located; 266
(b) Permit the enrollment of students who reside in 267
districts adjacent to the district in which the school is 268
located; 269
(c) Permit the enrollment of students who reside in any 270
other district in the state. 271
(20) A provision recognizing the authority of the 272
department to take over the sponsorship of the school in 273
accordance with the provisions of division (C) of section 274
3314.015 of the Revised Code; 275
(21) A provision recognizing the sponsor's authority to 276
assume the operation of a school under the conditions specified 277
in division (B) of section 3314.073 of the Revised Code; 278
(22) A provision recognizing both of the following: 279

H. B. No. 189 As Introduced

(a） The authority of public health and safety officials to 280

inspect the facilities of the school and to order the facilities 281

closed if those officials find that the facilities are not in 282 compliance with health and safety laws and regulations; 283

(b) The authority of the department as the community 284

school oversight body to suspend the operation of the school 285

under section 3314.072 of the Revised Code if the department has 286

evidence of conditions or violations of law at the school that 287

288

289

action. 290

(23) A description of the learning opportunities that will 291

292

293

294

department under division (H)(2） of section 3314.08 of the 295

Revised Code; 296

(24) The school will comply with sections 3302.04 and 297

3302.041 of the Revised Code, except that any action required to 298

be taken by a school district pursuant to those sections shall 299

be taken by the sponsor of the school. 300

(25) Beginning in the 2006-2007 school year, the school 301

will open for operation not later than the thirtieth day of 302

September each school year, unless the mission of the school as 303

specified under division (A)(2) of this section is solely to 304

serve dropouts. In its initial year of operation, if the school 305

fails to open by the thirtieth day of September, or within one 908

year after the adoption of the contract pursuant to division (D) 307

of section 3314.02 of the Revised Code if the mission of the 308

' 309

H. B. No. 189 As Introduced

(26) Whether the school's governing authority is planning 310
to seek designation for the school as a STEM school equivalent 311
under section 3326.032 of the Revised Code; 312
(27) That the school's attendance and participation 313
policies will be available for public inspection; 314
(28) That the school's attendance and participation 315
records shall be made available to the department, auditor of 316
state, and school's sponsor to the extent permitted under and in 317
accordance with the "Family Educational Rights and Privacy Act 318
of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any 319
regulations promulgated under that act, and section 3319.321 of 320
the Revised Code; 321
(29) If a school operates using the blended learning 322
model, as defined in section 3301.079 of the Revised Code, all 323
of the following information: 324
(a) An indication of what blended learning model or models 325
will be used; 326
(b) A description of how student instructional needs will 327
be determined and documented; 328
(c) The method to be used for determining competency, 329
granting credit, and promoting students to a higher grade level; 330
(d) The school's attendance requirements, including how 331
the school will document participation in learning 332
opportunities; 333
(e) A statement describing how student progress will be 334
monitored; 335
(f) A statement describing how private student data will 336
be protected; 337

H. B. No. 189 Page 13 As Introduced

(g) A description of the professional development 338
activities that will be offered to teachers. 339
(30) A provision requiring that all moneys the school's 340
operator loans to the school, including facilities loans or cash 341
flow assistance, must be accounted for, documented, and bear 342
interest at a fair market rate; 343
(31) A provision requiring that, if the governing 344
authority contracts with an attorney, accountant, or entity 345
specializing in audits, the attorney, accountant, or entity 346
shall be independent from the operator with which the school has 347
contracted. 348
(32) A provision requiring the governing authority to 349
adopt an enrollment and attendance policy that requires a 350
student's parent to notify the community school in which the 351
student is enrolled when there is a change in the location of 352
the parent's or student's primary residence. 353
(33) A provision requiring the governing authority to 354
adopt a student residence and address verification policy for 355
students enrolling in or attending the school. 356
(B) The community school shall also submit to the sponsor 357
a comprehensive plan for the school. The plan shall specify the 358
following: 359
(1) The process by which the governing authority of the 360
school will be selected in the future; 361
(2) The management and administration of the school; 362
(3) If the community school is a currently existing public 363
school or educational service center building, alternative 364
arrangements for current public school students who choose not 365

H. B. No. 189 As Introduced

to attend the converted school and for teachers who choose not 366
to teach in the school or building after conversion; 367
(4) The instructional program and educational philosophy 368
of the school; 369
(5) Internal financial controls. 370
When submitting the plan under this division, the school 371
shall also submit copies of all policies and procedures 372
regarding internal financial controls adopted by the governing 373
authority of the school. 374
(C) A contract entered into under section 3314.02 of the 375
Revised Code between a sponsor and the governing authority of a 376
community school may provide for the community school governing 377
authority to make payments to the sponsor, which is hereby 378
authorized to receive such payments as set forth in the contract 379
between the governing authority and the sponsor. The total 380
amount of such payments for monitoring, oversight, and technical 381
assistance of the school shall not exceed three per cent of the 382
total amount of payments for operating expenses that the school 383
receives from the state. 384
(D) The contract shall specify the duties of the sponsor 385
which shall be in accordance with the written agreement entered 386
into with the department under division (B) of section 3314.015 387
of the Revised Code and shall include the following: 388
(1) Monitor the community school's compliance with all 389
laws applicable to the school and with the terms of the 390
contract; 391
(2) Monitor and evaluate the academic and fiscal 392
performance and the organization and operation of the community 393
school on at least an annual basis; 394

H. B. No. 189 As Introduced

(3) Provide technical assistance to the community school 395
in complying with laws applicable to the school and terms of the 396
contract; 397
(4) Take steps to intervene in the school's operation to 398
correct problems in the school's overall performance, declare 399
the school to be on probationary status pursuant to section 400
3314.073 of the Revised Code, suspend the operation of the 401
school pursuant to section 3314.072 of the Revised Code, or 402
terminate the contract of the school pursuant to section 3314.07 403
of the Revised Code as determined necessary by the sponsor; 404
(5) Have in place a plan of action to be undertaken in the 405
event the community school experiences financial difficulties or 406
closes prior to the end of a school year. 407
(E) Upon the expiration of a contract entered into under 408
this section, the sponsor of a community school may, with the 409
approval of the governing authority of the school, renew that 410
contract for a period of time determined by the sponsor, but not 411
ending earlier than the end of any school year, if the sponsor 412
finds that the school's compliance with applicable laws and 413
terms of the contract and the school's progress in meeting the 414
academic goals prescribed in the contract have been 415
satisfactory. Any contract that is renewed under this division 416
remains subject to the provisions of sections 3314.07, 3314.072, 417
and 3314.073 of the Revised Code. 418
(F) If a community school fails to open for operation 419
within one year after the contract entered into under this 420
section is adopted pursuant to division (D) of section 3314.02 421
of the Revised Code or permanently closes prior to the 422
expiration of the contract, the contract shall be void and the 423
school shall not enter into a contract with any other sponsor. A 424

H. B. No. 189 As Introduced

school shall not be considered permanently closed because the 425
operations of the school have been suspended pursuant to section 426
3314.072 of the Revised Code. 427
Sec. 3326.11. Each science, technology, engineering, and 428
mathematics school established under this chapter and its 429
governing body shall comply with sections 9.90, 9.91, 109.65, 430
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 431
3301.0714, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.14, 432
3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 433
3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 434
3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 435
3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 436
3313.6028, 3313.6029, 3313.61, 3313.611, 3313.614, 3313.615, 437
3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 438
3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 439
3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 440
3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 441
3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 442
3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 443
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 444
3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 445
3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 446
3319.45, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 447
3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 448
3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 449
4111.17, 4113.52, 5502.262, 5502.264, 5502.703, and 5705.391 and 450
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 451
4112., 4123., 4141., and 4167. of the Revised Code as if it were 452
a school district. 453
Sec. 3328.24. A college-preparatory boarding school 454
established under this chapter and its board of trustees shall 455

H. B. No. 189 As Introduced

comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 456
3301.0714, 3301.0729, 3301.948, 3302.037, 3313.5318, 3313.5319, 457
3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 458
3313.6026, 3313.6029, 3313.617, 3313.618, 3313.6114, 3313.6411, 459
3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 3313.7112, 460
3313.7117, 3313.721, 3313.753, 3313.89, 3319.073, 3319.077, 461
3319.078, 3319.318, 3319.324, 3319.39, 3319.391, 3319.393, 462
3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and 463
5502.262, and 5502.264, and Chapter 3365. of the Revised Code as 464
if the school were a school district and the school's board of 465
trustees were a district board of education. 466
Sec. 5502.264. (A) As used in this section, "education 467
record" includes a threat assessment report, corresponding 468
documentation, and any other information required by the 469
behavioral threat assessment document. 470
(B) The department of public safety, in consultation with 471
the department of education and workforce, shall develop a 472
statewide behavioral threat management operational process to 473
identify, assess, manage, and monitor potential and real threats 474
to schools. The department of public safety, in consultation 475
with the department of education and workforce, shall use the 476
operational process to create a behavioral threat assessment 477
document for the purpose of evaluating the behavior of students 478
who may pose a threat to the school, school staff, or other 479
students, and coordinating intervention and services for those 480
students. 481
(C) Not later than August 1, 2025, the department of 482
public safety, in consultation with the department of education 483
and workforce, shall develop, host, maintain, and administer a 484
threat management portal that digitizes the behavioral threat 485

H. B. No. 189 As Introduced

Page 18
assessment document for use by each school district, community 486
school established under Chapter 3314., STEM school established 487
under Chapter 3326., college-preparatory boarding school 488
established under Chapter 3328. of the Revised Code, and 489
chartered nonpublic school. The department of public safety, 490
through use of the portal, shall facilitate electronic threat 491
assessment reporting and documentation to evaluate the behavior 492
of students who may pose a threat to a school, school staff, or 493
other students, and to coordinate intervention services for 494
those students. 495
(D) The threat management portal shall do all of the 496
following: 497
(1) Include workflow processes that align with the 498
statewide behavioral threat management operational process 499
developed under division (B) of this section; 500
(2) Allow direct data entry and file uploading; 501
(3) Allow the creation of threat assessment reports; 502
(4) Allow authorized personnel to add to or update a 503
threat assessment report, corresponding documentation, or any 504
other information required by the behavioral threat assessment 505
document; 506
(5) Retain, maintain, and allow the transfer of education 507
records in the portal in accordance with rules adopted by the 508
department of public safety in consultation with the department 509
of education and workforce; 510
(6) Notify the department of public safety, the department 511
of education and workforce, and public and chartered nonpublic 512
school administrators of attempts to access any education 513
records by unauthorized personnel. 514

H. B. No. 189 As Introduced

(E) The transfer of any education records under division 515
(D) of this section shall be completed within three days if a 516
student transfers schools. 517
(F) The department of public safety shall adopt rules 518
regarding which personnel are authorized to access the threat 519
management portal. The rules shall not permit a student's parent 520
or guardian to access the portal. However, a parent or guardian 521
may request copies of a student's education records that are 522
maintained in the portal. 523
(G) No person shall access the threat management portal 524
unless the person is authorized to access it under rules adopted 525
under division (F) of this section. 526
(H) A threat assessment report, corresponding 527
documentation, and any other information required by the 528
behavioral threat assessment document that is maintained in the 529
threat management portal is subject to section 3319.321 of the 530
Revised Code and the "Family Educational Rights and Privacy Act 531
of 1974," 20 U.S.C. 1232g. 532
(I) The department of public safety, in consultation with 533
the department of education and workforce, shall develop and 534
implement a quarterly portal access review audit process. 535
(J) Each public and chartered nonpublic school shall use 536
the threat management portal and comply with the quarterly 537
portal access review audit process. 538
(K) Not later than August 1, 2025, and annually 539
thereafter, the department of public safety shall do all of the 540
following: 541
(1) Provide role-based training to all public and 542
chartered nonpublic school personnel; 543

H. B. No. 189 Page 20
As Introduced
(2) Evaluate each public and chartered nonpublic school's 544
use of the statewide behavioral threat management operational 545
process, the behavioral threat assessment document, and the 546
threat management portal for compliance with this section; 547
(3) Notify each public and chartered nonpublic school if 548
the use of the statewide behavioral threat management 549
operational process, the behavioral threat assessment document, 550
and the threat management portal is not in compliance with this 551
section and report any issues of ongoing noncompliance with this 552
section to the public or chartered nonpublic school. 553
(L) The department of public safety shall adopt a process 554
to ensure the identification and reporting of violent, 555
disruptive, or inappropriate behavior. Each public and chartered 556
nonpublic school shall identify and report such behavior in the 557
manner determined by the department of public safety. 558
Sec. 5502.99. (A) Whoever violates division (A) of section 559
5502.37 of the Revised Code shall be fined fifty dollars or 560
imprisoned for not less than sixty days, or both. 561
(B) Whoever violates division (B) of section 5502.37 of 562
the Revised Code shall be fined not less than five thousand nor 563
more than ten thousand dollars, or imprisoned for not less than 564
one nor more than five years, or both. 565
(C) Whoever violates division (C) or (D) of section 566
5502.37 of the Revised Code shall be fined not less than two 567
thousand nor more than five thousand dollars, or imprisoned for 568
not less than one nor more than five years, or both. 569
(D) Whoever violates division (G) of section 5502.264 of 570
the Revised Code shall be fined not more than two thousand 571
dollars. 572

H. B. No. 189 As Introduced

(E) Except as provided in divisions (A), (B), and (C), and 573
(D) of this section and unless another penalty is provided by 574
the laws of this state, whoever violates sections 5502.21 to 575
5502.37 of the Revised Code, or any other law enacted, adopted, 576
or issued pursuant to those sections, shall be fined not more 577
than fifty dollars or imprisoned for not more than sixty days, 578
or both. 579
Section 2. That existing sections 3313.669, 3314.03, 580
3326.11, 3328.24, and 5502.99 of the Revised Code are hereby 581
repealed. 582
Section 3. The General Assembly, applying the principle 583
stated in division (B) of section 1.52 of the Revised Code that 584
amendments are to be harmonized if reasonably capable of 585
simultaneous operation, finds that the following sections, 586
presented in this act as composites of the sections as amended 587
by the acts indicated, are the resulting versions of the 588
sections in effect prior to the effective date of the sections 589
as presented in this act: 590
Section 3314.03 of the Revised Code as amended by H.B. 591
214, H.B. 250, and S.B. 168, all of the 135th General Assembly. 592
Section 3326.11 of the Revised Code as amended by H.B. 47, 593
H.B. 214, and S.B. 168, all of the 135th General Assembly. 594
Section 3328.24 of the Revised Code as amended by both 595
H.B. 47 and H.B. 214 of the 135th General Assembly. 596