HB 42: Require certain agencies to collect and report citizenship data

As Introduced

Regular Session H. B. No. 42

Representatives Fischer, Williams

Cosponsors: Representatives Thomas, D., Schmidt, King, Dean, Gross, Johnson, Workman, Click, Klopfenstein, Bird, Lear

A B I L L

To amend section 3301.0714 and to enact sections 1
107.26, 2965.01, 2965.02, 3301.0717, 5101.546, 2
5107.101, and 5162.138 of the Revised Code to 3
require certain agencies to collect and report 4
data concerning the citizenship or immigration 5
status of persons with whom they come into 6
contact. 7

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

Section 1. That section 3301.0714 be amended and sections 8
107.26, 2965.01, 2965.02, 3301.0717, 5101.546, 5107.101, and 9
5162.138 of the Revised Code be enacted to read as follows: 10
Sec. 107.26. By the thirty-first day of March of each 11
year, the governor shall submit a report to the general assembly 12
in accordance with section 101.68 of the Revised Code 13
summarizing all information submitted to the governor under 14
sections 2965.01, 3301.0717, 3722.15, 5101.546, and 5107.101 of 15
the Revised Code for the previous calendar year. This report 16
also shall be posted on the governor's web site. 17

H. B. No. 42 As Introduced

Sec. 2965.01. (A) As used in this section, "law 18
enforcement agency" means a municipal or township police 19
department, the office of a sheriff, the state highway patrol, 20
or any other state or local governmental body that enforces 21
criminal laws and that has employees who have a statutory power 22
of arrest. 23
(B) A law enforcement agency shall collect and maintain, 24
as part of the law enforcement agency's official records 25
concerning each person in detention, the person's citizenship or 26
immigration status, if the information is available. At the 27
request of the law enforcement agency, a prosecuting attorney, a 28
court clerk, or the department of rehabilitation and correction 29
shall provide any available citizenship or immigration status 30
information to the law enforcement agency. 31
(C) By the thirty-first day of January of each year, each 32
law enforcement agency shall submit a report to the office of 33
the attorney general including all of the following information, 34
if available: 35
(1) The number of people detained in the previous year who 36
were citizens or nationals of the Unites States; 37
(2) The number of people detained in the previous year who 38
were not a citizen or national of the United States but were 39
lawfully present in the United States; 40
(3) The number of people detained in the previous year who 41
were unlawfully present in the United States. 42
(D) By the twenty-eighth day of February of each year, the 43
attorney general shall submit a report to the governor 44
summarizing all information submitted to the attorney general 45
under division (C) of this section in the previous calendar 46

H. B. No. 42 As Introduced

year. 47

(E) The attorney general may adopt rules establishing the 48
format of the citizenship information collected by a law 49
enforcement agency and the format of the annual reports 50
submitted to the attorney general. 51
Sec. 2965.02. (A) The department of rehabilitation and 52
correction shall collect and maintain, as part of the 53
department's official records concerning each person in 54
detention, the person's citizenship or immigration status, if 55
the information is available. At the request of the department, 56
a prosecuting attorney, law enforcement agency, or court clerk 57
shall provide any available citizenship or immigration status 58
information to the department. 59
(B) By the twenty-eighth day of February of each year, the 60
department of rehabilitation and correction shall submit a 61
report to the governor summarizing all of the following 62
information, if available: 63
(1) The number of people detained in the previous year who 64
were citizens or nationals of the Unites States; 65
(2) The number of people detained in the previous year who 66
were not a citizen or national of the United States but were 67
lawfully present in the United States; 68
(3) The number of people detained in the previous year who 69
were unlawfully present in the United States. 70
Sec. 3301.0714. (A) The department of education and 71
workforce shall adopt rules for a statewide education management 72
information system. The rules shall require the department to 73
establish guidelines for the establishment and maintenance of 74
the system in accordance with this section and the rules adopted 75

H. B. No. 42 As Introduced

under this section. The guidelines shall include: 76
(1) Standards identifying and defining the types of data 77
in the system in accordance with divisions (B) and (C) of this 78
section; 79
(2) Procedures for annually collecting and reporting the 80
data to the department in accordance with division (D) of this 81
section; 82
(3) Procedures for annually compiling the data in 83
accordance with division (G) of this section; 84
(4) Procedures for annually reporting the data to the 85
public in accordance with division (H) of this section; 86
(5) Standards to provide strict safeguards to protect the 87
confidentiality of personally identifiable student data. 88
(B) The guidelines adopted under this section shall 89
require the data maintained in the education management 90
information system to include at least the following: 91
(1) Student participation and performance data, for each 92
grade in each school district as a whole and for each grade in 93
each school building in each school district, that includes: 94
(a) The numbers of students receiving each category of 95
instructional service offered by the school district, such as 96
regular education instruction, vocational education instruction, 97
specialized instruction programs or enrichment instruction that 98
is part of the educational curriculum, instruction for gifted 99
students, instruction for students with disabilities, and 100
remedial instruction. The guidelines shall require instructional 101
services under this division to be divided into discrete 102
categories if an instructional service is limited to a specific 103

H. B. No. 42 As Introduced

subject, a specific type of student, or both, such as regular 104
instructional services in mathematics, remedial reading 105
instructional services, instructional services specifically for 106
students gifted in mathematics or some other subject area, or 107
instructional services for students with a specific type of 108
disability. The categories of instructional services required by 109
the guidelines under this division shall be the same as the 110
categories of instructional services used in determining cost 111
units pursuant to division (C)(3) of this section. 112
(b) The numbers of students receiving support or 113
extracurricular services for each of the support services or 114
extracurricular programs offered by the school district, such as 115
counseling services, health services, and extracurricular sports 116
and fine arts programs. The categories of services required by 117
the guidelines under this division shall be the same as the 118
categories of services used in determining cost units pursuant 119
to division (C)(4)(a) of this section. 120
(c) Average student grades in each subject in grades nine 121
through twelve; 122
(d) Academic achievement levels as assessed under sections 123
3301.0710, 3301.0711, and 3301.0712 of the Revised Code; 124
(e) The number of students designated as having a 125
disabling condition pursuant to division (C)(1) of section 126
3301.0711 of the Revised Code; 127
(f) The numbers of students reported to the department 128
pursuant to division (C)(2) of section 3301.0711 of the Revised 129
Code; 130
(g) Attendance rates and the average daily attendance for 131
the year. For purposes of this division, a student shall be 132

H. B. No. 42 As Introduced

counted as present for any field trip that is approved by the 133
school administration. 134
(h) Expulsion rates; 135
(i) Suspension rates; 136
(j) Dropout rates; 137
(k) Rates of retention in grade; 138
(l) For pupils in grades nine through twelve, the average 139
number of carnegie units, as calculated in accordance with the 140
director's rules; 141
(m) Graduation rates, to be calculated in a manner 142
specified by the department that reflects the rate at which 143
students who were in the ninth grade three years prior to the 144
current year complete school and that is consistent with 145
nationally accepted reporting requirements; 146
(n) Results of diagnostic assessments administered to 147
kindergarten students as required under section 3301.0715 of the 148
Revised Code to permit a comparison of the academic readiness of 149
kindergarten students. However, no district shall be required to 150
report to the department the results of any diagnostic 151
assessment administered to a kindergarten student, except for 152
the language and reading assessment described in division (A)(2) 153
of section 3301.0715 of the Revised Code, if the parent of that 154
student requests the district not to report those results. 155
(o) The number of students earning each state diploma seal 156
included in the system prescribed under division (A) of section 157
3313.6114 of the Revised Code; 158
(p) The number of students demonstrating competency for 159
graduation using each option described in divisions (B)(1)(a) to 160

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(d) of section 3313.618 of the Revised Code; 161
(q) The number of students completing each foundational 162
and supporting option as part of the demonstration of competency 163
for graduation pursuant to division (B)(1)(b) of section 164
3313.618 of the Revised Code; 165
(r) The number of students enrolled in all-day 166
kindergarten, as defined in section 3321.05 of the Revised Code; 167
(s) The number of students who are citizens or nationals 168
of the United States; 169
(t) The number of students who are not citizens or 170
nationals of the United States but who are lawfully present in 171
the United States, disaggregated by specific immigration status; 172
(u) The number of students who are not lawfully present in 173
the United States. 174
(2) Personnel and classroom enrollment data for each 175
school district, including: 176
(a) The total numbers of licensed employees and 177
nonlicensed employees and the numbers of full-time equivalent 178
licensed employees and nonlicensed employees providing each 179
category of instructional service, instructional support 180
service, and administrative support service used pursuant to 181
division (C)(3) of this section. The guidelines adopted under 182
this section shall require these categories of data to be 183
maintained for the school district as a whole and, wherever 184
applicable, for each grade in the school district as a whole, 185
for each school building as a whole, and for each grade in each 186
school building. 187
(b) The total number of employees and the number of full- 188
H. B. No. 42 Page 8
As Introduced
time equivalent employees providing each category of service 189
used pursuant to divisions (C)(4)(a) and (b) of this section, 190
and the total numbers of licensed employees and nonlicensed 191
employees and the numbers of full-time equivalent licensed 192
employees and nonlicensed employees providing each category used 193
pursuant to division (C)(4)(c) of this section. The guidelines 194
adopted under this section shall require these categories of 195
data to be maintained for the school district as a whole and, 196
wherever applicable, for each grade in the school district as a 197
whole, for each school building as a whole, and for each grade 198
in each school building. 199
(c) The total number of regular classroom teachers 200
teaching classes of regular education and the average number of 201
pupils enrolled in each such class, in each of grades 202
kindergarten through five in the district as a whole and in each 203
school building in the school district. 204
(d) The number of lead teachers employed by each school 205
district and each school building. 206
(3)(a) Student demographic data for each school district, 207
including information regarding the gender ratio of the school 208
district's pupils, the racial make-up of the school district's 209
pupils, the number of English learners in the district, and an 210
appropriate measure of the number of the school district's 211
pupils who reside in economically disadvantaged households. The 212
demographic data shall be collected in a manner to allow 213
correlation with data collected under division (B)(1) of this 214
section. Categories for data collected pursuant to division (B) 215
(3) of this section shall conform, where appropriate, to 216
standard practices of agencies of the federal government. 217
(b) With respect to each student entering kindergarten, 218

H. B. No. 42 As Introduced

whether the student previously participated in a public 219
preschool program, a private preschool program, or a head start 220
program, and the number of years the student participated in 221
each of these programs. 222
(4)(a) The core curriculum and instructional materials 223
being used for English language arts in each of grades pre- 224
kindergarten to five; 225
(b) The reading intervention programs being used in each 226
of grades pre-kindergarten to twelve. 227
(5) Any data required to be collected pursuant to federal 228
law. 229
(C) The education management information system shall 230
include cost accounting data for each district as a whole and 231
for each school building in each school district. The guidelines 232
adopted under this section shall require the cost data for each 233
school district to be maintained in a system of mutually 234
exclusive cost units and shall require all of the costs of each 235
school district to be divided among the cost units. The 236
guidelines shall require the system of mutually exclusive cost 237
units to include at least the following: 238
(1) Administrative costs for the school district as a 239
whole. The guidelines shall require the cost units under this 240
division (C)(1) to be designed so that each of them may be 241
compiled and reported in terms of average expenditure per pupil 242
in enrolled ADM in the school district, as determined pursuant 243
to section 3317.03 of the Revised Code. 244
(2) Administrative costs for each school building in the 245
school district. The guidelines shall require the cost units 246
under this division (C)(2) to be designed so that each of them 247

H. B. No. 42 As Introduced

may be compiled and reported in terms of average expenditure per 248
full-time equivalent pupil receiving instructional or support 249
services in each building. 250
(3) Instructional services costs for each category of 251
instructional service provided directly to students and required 252
by guidelines adopted pursuant to division (B)(1)(a) of this 253
section. The guidelines shall require the cost units under 254
division (C)(3) of this section to be designed so that each of 255
them may be compiled and reported in terms of average 256
expenditure per pupil receiving the service in the school 257
district as a whole and average expenditure per pupil receiving 258
the service in each building in the school district and in terms 259
of a total cost for each category of service and, as a breakdown 260
of the total cost, a cost for each of the following components: 261
(a) The cost of each instructional services category 262
required by guidelines adopted under division (B)(1)(a) of this 263
section that is provided directly to students by a classroom 264
teacher; 265
(b) The cost of the instructional support services, such 266
as services provided by a speech-language pathologist, classroom 267
aide, multimedia aide, or librarian, provided directly to 268
students in conjunction with each instructional services 269
category; 270
(c) The cost of the administrative support services 271
related to each instructional services category, such as the 272
cost of personnel that develop the curriculum for the 273
instructional services category and the cost of personnel 274
supervising or coordinating the delivery of the instructional 275
services category. 276
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As Introduced
(4) Support or extracurricular services costs for each 277
category of service directly provided to students and required 278
by guidelines adopted pursuant to division (B)(1)(b) of this 279
section. The guidelines shall require the cost units under 280
division (C)(4) of this section to be designed so that each of 281
them may be compiled and reported in terms of average 282
expenditure per pupil receiving the service in the school 283
district as a whole and average expenditure per pupil receiving 284
the service in each building in the school district and in terms 285
of a total cost for each category of service and, as a breakdown 286
of the total cost, a cost for each of the following components: 287
(a) The cost of each support or extracurricular services 288
category required by guidelines adopted under division (B)(1)(b) 289
of this section that is provided directly to students by a 290
licensed employee, such as services provided by a guidance 291
counselor or any services provided by a licensed employee under 292
a supplemental contract; 293
(b) The cost of each such services category provided 294
directly to students by a nonlicensed employee, such as 295
janitorial services, cafeteria services, or services of a sports 296
trainer; 297
(c) The cost of the administrative services related to 298
each services category in division (C)(4)(a) or (b) of this 299
section, such as the cost of any licensed or nonlicensed 300
employees that develop, supervise, coordinate, or otherwise are 301
involved in administering or aiding the delivery of each 302
services category. 303
(D)(1) The guidelines adopted under this section shall 304
require school districts to collect information about individual 305
students, staff members, or both in connection with any data 306

H. B. No. 42 As Introduced

required by division (B) or (C) of this section or other 3
reporting requirements established in the Revised Code. The 3
guidelines may also require school districts to report 3
information about individual staff members in connection with 3
any data required by division (B) or (C) of this section or 3
other reporting requirements established in the Revised Code. 3
The guidelines shall not authorize school districts to request 3
social security numbers of individual students. The guidelines 3
shall prohibit the reporting under this section of a student's 3
name, address, and social security number to the department. The 3
guidelines shall also prohibit the reporting under this section 3
of any personally identifiable information about any student, 3
except for the purpose of assigning the data verification code 3
required by division (D)(2) of this section, to any other person 3
unless such person is employed by the school district or the 3
information technology center operated under section 3301.075 of 3
the Revised Code and is authorized by the district or technology 3
center to have access to such information or is employed by an 3
entity with which the department contracts for the scoring or 3
the development of state assessments. The guidelines may require 3
school districts to provide the social security numbers of 3
individual staff members and the county of residence for a 3
student. Nothing in this section prohibits the department from 3
providing a student's county of residence to the department of 3
taxation to facilitate the distribution of tax revenue. 3
(2)(a) The guidelines shall provide for each school 332
district or community school to assign a data verification code 333
that is unique on a statewide basis over time to each student 334
whose initial Ohio enrollment is in that district or school and 335
to report all required individual student data for that student 336
utilizing such code. The guidelines shall also provide for 337

H. B. No. 42 As Introduced

assigning data verification codes to all students enrolled in 338
districts or community schools on the effective date of the 339
guidelines established under this section. The assignment of 340
data verification codes for other entities, as described in 341
division (D)(2)(d) of this section, the use of those codes, and 342
the reporting and use of associated individual student data 343
shall be coordinated by the department of education and 344
workforce in accordance with state and federal law. 345
School districts shall report individual student data to 346
the department through the information technology centers 347
utilizing the code. The entities described in division (D)(2)(d) 348
of this section shall report individual student data to the 349
department in the manner prescribed by the department. 350
(b)(i) Except as provided in sections 3301.941, 3310.11, 351
3310.42, 3310.63, 3313.978, 3317.20, and 5747.057 of the Revised 352
Code, and in division (D)(2)(b)(ii) of this section, at no time 353
shall the department have access to information that would 354
enable any data verification code to be matched to personally 355
identifiable student data. 356
(ii) For the purpose of making per-pupil payments to 357
community schools under section 3317.022 of the Revised Code, 358
the department shall have access to information that would 359
enable any data verification code to be matched to personally 360
identifiable student data. 361
(c) Each school district and community school shall ensure 362
that the data verification code is included in the student's 363
records reported to any subsequent school district, community 364
school, or state institution of higher education, as defined in 365
section 3345.011 of the Revised Code, in which the student 366
enrolls. Any such subsequent district or school shall utilize 367

H. B. No. 42 As Introduced

the same identifier in its reporting of data under this section.

(d)(i) The director of any state agency that administers a publicly funded program providing services to children who are younger than compulsory school age, as defined in section 3321.01 of the Revised Code, including the directors of health, job and family services, mental health and addiction services, children and youth, and developmental disabilities, shall request and receive, pursuant to sections 3301.0723 and 5180.33 of the Revised Code, a data verification code for a child who is receiving those services.

(ii) The director of developmental disabilities, director of health, director of job and family services, director of mental health and addiction services, medicaid director, executive director of the commission on minority health, executive director of the opportunities for Ohioans with disabilities agency, or director of education and workforce, on behalf of a program that receives public funds and provides services to children who are younger than compulsory school age, may request and receive, pursuant to section 3301.0723 of the Revised Code, a data verification code for a child who is receiving services from the program.

(E) The guidelines adopted under this section may require 389
school districts to collect and report data, information, or 390
reports other than that described in divisions (A), (B), and (C) 391
of this section for the purpose of complying with other 392
reporting requirements established in the Revised Code. The 393
other data, information, or reports may be maintained in the 394
education management information system but are not required to 395
be compiled as part of the profile formats required under 396
division (G) of this section or the annual statewide report 397

H. B. No. 42 As Introduced

equired under division (H) of this section. 398

(F) The board of education of each school district shall 399
annually collect and report to the department, in accordance 400
with the guidelines established by the department, the data 401
required pursuant to this section. A school district may collect 402
and report these data notwithstanding section 2151.357 or 403
3319.321 of the Revised Code. 404
(G) The department shall, in accordance with the 405
procedures it adopts, annually compile the data reported by each 406
school district pursuant to division (D) of this section. The 407
department shall design formats for profiling each school 408
district as a whole and each school building within each 409
district and shall compile the data in accordance with these 410
formats. These profile formats shall: 411
(1) Include all of the data gathered under this section in 412
a manner that facilitates comparison among school districts and 413
among school buildings within each school district; 414
(2) Present the data on academic achievement levels as 415
assessed by the testing of student achievement maintained 416
pursuant to division (B)(1)(d) of this section. 417
(H)(1) The department shall, in accordance with the 418
procedures it adopts, annually prepare a statewide report for 419
all school districts and the general public that includes the 420
profile of each of the school districts developed pursuant to 421
division (G) of this section. Copies of the report shall be sent 422
to each school district. 423
(2) The department shall, in accordance with the 424
procedures it adopts, annually prepare an individual report for 425
each school district and the general public that includes the 426

H. B. No. 42 As Introduced

profiles of each of the school buildings in that school district 427
developed pursuant to division (G) of this section. 428
(I) Any data that is collected or maintained pursuant to 429
this section and that identifies an individual pupil is not a 430
public record for the purposes of section 149.43 of the Revised 431
Code. 432
(J) As used in this section: 433
(1) "School district" means any city, local, exempted 434
village, or joint vocational school district and, in accordance 435
with section 3314.17 of the Revised Code, any community school. 436
As used in division (L) of this section, "school district" also 437
includes any educational service center or other educational 438
entity required to submit data using the system established 439
under this section. 440
(2) "Cost" means any expenditure for operating expenses 441
made by a school district excluding any expenditures for debt 442
retirement except for payments made to any commercial lending 443
institution for any loan approved pursuant to section 3313.483 444
of the Revised Code. 445
(K) Any person who removes data from the information 446
system established under this section for the purpose of 447
releasing it to any person not entitled under law to have access 448
to such information is subject to section 2913.42 of the Revised 449
Code prohibiting tampering with data. 450
(L)(1) In accordance with division (L)(2) of this section 451
and the rules adopted under division (L)(10) of this section, 452
the department may sanction any school district that reports 453
incomplete or inaccurate data, reports data that does not 454
conform to data requirements and descriptions published by the 455

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department, fails to report data in a timely manner, or 456
otherwise does not make a good faith effort to report data as 457
required by this section. 458
(2) If the department decides to sanction a school 459
district under this division, the department shall take the 460
following sequential actions: 461
(a) Notify the district in writing that the department has 462
determined that data has not been reported as required under 463
this section and require the district to review its data 464
submission and submit corrected data by a deadline established 465
by the department. The department also may require the district 466
to develop a corrective action plan, which shall include 467
provisions for the district to provide mandatory staff training 468
on data reporting procedures. 469
(b) Withhold up to ten per cent of the total amount of 470
state funds due to the district for the current fiscal year and, 471
if not previously required under division (L)(2)(a) of this 472
section, require the district to develop a corrective action 473
plan in accordance with that division; 474
(c) Withhold an additional amount of up to twenty per cent 475
of the total amount of state funds due to the district for the 476
current fiscal year; 477
(d) Direct department staff or an outside entity to 478
investigate the district's data reporting practices and make 479
recommendations for subsequent actions. The recommendations may 480
include one or more of the following actions: 481
(i) Arrange for an audit of the district's data reporting 482
practices by department staff or an outside entity; 483
(ii) Conduct a site visit and evaluation of the district; 484

H. B. No. 42 As Introduced

(iii) Withhold an additional amount of up to thirty per 485
cent of the total amount of state funds due to the district for 486
the current fiscal year; 487
(iv) Continue monitoring the district's data reporting; 488
(v) Assign department staff to supervise the district's 489
data management system; 490
(vi) Conduct an investigation to determine whether to 491
suspend or revoke the license of any district employee in 492
accordance with division (N) of this section; 493
(vii) If the district is issued a report card under 494
section 3302.03 of the Revised Code, indicate on the report card 495
that the district has been sanctioned for failing to report data 496
as required by this section; 497
(viii) If the district is issued a report card under 498
section 3302.03 of the Revised Code and incomplete or inaccurate 499
data submitted by the district likely caused the district to 500
receive a higher performance rating than it deserved under that 501
section, issue a revised report card for the district; 502
(ix) Any other action designed to correct the district's 503
data reporting problems. 504
(3) Any time the department takes an action against a 505
school district under division (L)(2) of this section, the 506
department shall make a report of the circumstances that 507
prompted the action. The department shall send a copy of the 508
report to the district superintendent or chief administrator and 509
maintain a copy of the report in its files. 510
(4) If any action taken under division (L)(2) of this 511
section resolves a school district's data reporting problems to 512

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the department's satisfaction, the department shall not take any 513
further actions described by that division. If the department 514
withheld funds from the district under that division, the 515
department may release those funds to the district, except that 516
if the department withheld funding under division (L)(2)(c) of 517
this section, the department shall not release the funds 518
withheld under division (L)(2)(b) of this section and, if the 519
department withheld funding under division (L)(2)(d) of this 520
section, the department shall not release the funds withheld 521
under division (L)(2)(b) or (c) of this section. 522

(5) Notwithstanding anything in this section to the contrary, the department may use its own staff or an outside entity to conduct an audit of a school district's data reporting practices any time the department has reason to believe the district has not made a good faith effort to report data as required by this section. If any audit conducted by an outside entity under division (L)(2)(d)(i) or (5) of this section confirms that a district has not made a good faith effort to report data as required by this section, the district shall reimburse the department for the full cost of the audit. The department may withhold state funds due to the district for this purpose.

(6) Prior to issuing a revised report card for a school 535
district under division (L)(2)(d)(viii) of this section, the 536
department may hold a hearing to provide the district with an 537
opportunity to demonstrate that it made a good faith effort to 538
report data as required by this section. The hearing shall be 539
conducted by a referee appointed by the department. Based on the 540
information provided in the hearing, the referee shall recommend 541
whether the department should issue a revised report card for 542
the district. If the referee affirms the department's contention 543

H. B. No. 42 As Introduced

that the district did not make a good faith effort to report 544
data as required by this section, the district shall bear the 545
full cost of conducting the hearing and of issuing any revised 546
report card. 547
(7) If the department determines that any inaccurate data 548
reported under this section caused a school district to receive 549
excess state funds in any fiscal year, the district shall 550
reimburse the department an amount equal to the excess funds, in 551
accordance with a payment schedule determined by the department. 552
The department may withhold state funds due to the district for 553
this purpose. 554
(8) Any school district that has funds withheld under 555
division (L)(2) of this section may appeal the withholding in 556
accordance with Chapter 119. of the Revised Code. 557
(9) In all cases of a disagreement between the department 558
and a school district regarding the appropriateness of an action 559
taken under division (L)(2) of this section, the burden of proof 560
shall be on the district to demonstrate that it made a good 561
faith effort to report data as required by this section. 562
(10) The director of education and workforce shall adopt 563
rules under Chapter 119. of the Revised Code to implement 564
division (L) of this section. 565
(M) No information technology center or school district 566
shall acquire, change, or update its student administration 567
software package to manage and report data required to be 568
reported to the department unless it converts to a student 569
software package that is certified by the department. 570
(N) The state board of education, in accordance with 571
sections 3319.31 and 3319.311 of the Revised Code, may suspend 572

H. B. No. 42

D.N.2 AsIntroduced

or revoke a license as defined under division (A） of section 573

3319.3l of the Revised Code that has been issued to any school 574

district employee found to have willfully reported erroneous, 575

inaccurate, or incomplete data to the education management 576

information system. 577

(O) No person shall release or maintain any information 578

about any student in violation of this section. Whoever violates 579

this division is guilty of a misdemeanor of the fourth degree. 580

(P） The department shall disaggregate the data collected 581

under division (B)(l)(n） of this section according to the race 582

and socioeconomic status of the students assessed. 583

(Q） If the department cannot compile any of the 584

585

Revised Code based upon the data collected under this section, 586

the department shall develop a plan and a reasonable timeline 587

for the collection of any data necessary to comply with that 588

division. 589

Sec. 3301.0717. The department of education and workforce 590

shall require each public school to report data under divisions 591

(B)(l)(s) to (u) of section 3301.0714 of the Revised Code by the 592

thirty-first day of January each calendar year. That report 593

shall include the number of each category of students described 594

in those divisions who were enrolled in the school on the 595

thirty-first day of December of the prior calendar year. Not 596

later than the twenty-eighth day of February of each calendar 597

year, the department shall submit to the governor a report 598

Summarizing that data. 599

Sec. 5i01.546. (A) A county department of job and family 009

services shall collect data that indicate one of the following 601

H. B. No. 42 As Introduced

regarding each household that receives supplemental nutrition 602
assistance program benefits: 603
(1) All members of the household are citizens or nationals 604
of the United States. 605
(2) At least one member of the household is not a citizen 606
or national of the United States but is lawfully present in the 607
United States, including specific immigration status. 608
(B) By the thirty-first day of January of each year, each 609
county department of job and family services shall submit a 610
report to the Ohio department of job and family services 611
including both of the following for the previous calendar year: 612
(1) The total number of households for which: 613
(a) All members were citizens or nationals of the United 614
States; 615
(b) At least one member of the household was not a citizen 616
or national of the United States but was lawfully present in the 617
United States, disaggregated by immigration status; 618
(2) The monetary value of benefits provided to households 619
that include a member who is not a citizen or national of the 620
United States but is lawfully present in the United States. 621
(C) By the twenty-eighth day of February of each year, the 622
Ohio department of job and family services shall submit a report 623
to the governor summarizing all information submitted to the 624
department under division (B) of this section for the previous 625
calendar year. 626
(D) The Ohio department of job and family services may 627
adopt rules establishing the format of the citizenship or 628
immigration information collected by a county department and the 629

H. B. No. 42 As Introduced

format of the annual reports submitted to the Ohio department of 630
job and family services. The rules shall be adopted in 631
accordance with Chapter 119. of the Revised Code. 632
Sec. 5107.101. (A) A county department of job and family 633
services shall collect data that indicate one of the following 634
regarding each assistance group that receives cash assistance: 635
(1) All members of the assistance group are citizens or 636
nationals of the United States. 637
(2) At least one member of the assistance group is not a 638
citizen or national of the United States but is lawfully present 639
in the United States. 640
(3) For child-only assistance groups, each parent, 641
guardian, custodian, or specified relative residing with and 642
caring for the child is a citizen or national of the United 643
States. 644
(4) For child-only assistance groups, at least one parent, 645
guardian, custodian, or specified relative residing with and 646
caring for the child is not a citizen or national of the United 647
States but is lawfully present in the United States. 648
(B) By the thirty-first day of January of each year, each 649
county department of job and family services shall submit a 650
report to the Ohio department of job and family services 651
including both of the following for the previous calendar year: 652
(1) The total number of assistance groups for which: 653
(a) All members were citizens or nationals of the United 654
States; 655
(b) At least one member was not a citizen or national of 656
the United States but was lawfully present in the United States, 657

H. B. No. 42 As Introduced

disaggregated by immigration status; 658
(c) Each parent, guardian, custodian, or specified 659
relative residing with and caring for a child in a child-only 660
assistance group was a citizen or national of the United States; 661
(d) At least one parent, guardian, custodian, or specified 662
relative residing with and caring for a child in a child-only 663
assistance group was not a citizen or national of the United 664
States but was lawfully present in the United States, 665
diaggregated by immigration status. 666
(2) The monetary value of benefits provided to assistance 667
groups that included a member who was not a citizen or national 668
of the United States but was lawfully present in the United 669
States. 670
(C) By the twenty-eighth day of February of each year, the 671
Ohio department of job and family services shall submit a report 672
to the governor summarizing all information submitted to the 673
department under division (B) of this section for the previous 674
calendar year. 675
(D) The Ohio department of job and family services may 676
adopt rules establishing the format of the citizenship or 677
immigration information collected by a county department and the 678
format of the annual reports submitted to the Ohio department of 679
job and family services. The rules shall be adopted in 680
accordance with Chapter 119. of the Revised Code. 681
Sec. 5162.138. (A) By the thirty-first day of January each 682
year, the department of medicaid shall submit a report to the 683
governor that includes the following information: 684
(1) The number of qualified aliens enrolled in the 685
medicaid program; 686

H. B. No. 42 As Introduced

(2) The number of qualified aliens who applied for 687
benefits under the medicaid program in the previous calendar 688
year; 689
(3) The number of individuals not lawfully present in the 690
United States who received alien emergency medical assistance, 691
as specified in section 1903(v) of the "Social Security Act," 42 692
U.S.C. 1396b(v), in the previous calendar year. 693
(B) As used in this section, "qualified alien" has the 694
same meaning as in section 431(b) of the federal "Personal 695
Responsibility and Work Opportunity Reconciliation Act of 1996," 696
8 U.S.C. 1641(b). 697

Section 2. That existing section 3301.0714 of the Revised Code is hereby repealed.