As Introduced
136th General Assembly
Regular Session H. B. No. 42
2025-2026
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
107.26, 2965.01, 2965.02, 3301.0717, 5101.546,
5107.101, and 5162.138 of the Revised Code to
require certain agencies to collect and report
data concerning the citizenship or immigration
status of persons with whom they come into
contact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3301.0714 be amended and sections
107.26, 2965.01, 2965.02, 3301.0717, 5101.546, 5107.101 , and
5162.138 of the Revised Code be enacted to read as follows:
Sec. 107.26. By the thirty-first day of March of each
year, the governor shall submit a report to the general assembly
in accordance with section 101.68 of the Revised Code
summarizing all information submitted to the governor under
sections 2965.01, 3301.0717, 3722.15, 5101.546, and 5107.101 of
the Revised Code for the previous calendar year. This report
also shall be posted on the governor's web site.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 H. B. No. 42 Page 2
As Introduced
Sec. 2965.01. (A) As used in this section, "law
enforcement agency" means a municipal or township police
department, the office of a sheriff, the state highway patrol,
or any other state or local governmental body that enforces
criminal laws and that has employees who have a statutory power
of arrest.
(B) A law enforcement agency shall collect and maintain,
as part of the law enforcement agency's official records
concerning each person in detention, the person's citizenship or
immigration status, if the information is available. At the
request of the law enforcement agency, a prosecuting attorney, a
court clerk, or the department of rehabilitation and correction
shall provide any available citizenship or immigration status
information to the law enforcement agency.
(C) By the thirty-first day of January of each year, each
law enforcement agency shall submit a report to the office of
the attorney general including all of the following information,
if available:
(1) The number of people detained in the previous year who
were citizens or nationals of the Unites States;
(2) The number of people detained in the previous year who
were not a citizen or national of the United States but were
lawfully present in the United States;
(3) The number of people detained in the previous year who
were unlawfully present in the United States.
(D) By the twenty-eighth day of February of each year, the
attorney general shall submit a report to the governor
summarizing all information submitted to the attorney general
under division (C) of this section in the previous calendar
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 H. B. No. 42 Page 3
As Introduced
year.
(E) The attorney general may adopt rules establishing the
format of the citizenship information collected by a law
enforcement agency and the format of the annual reports
submitted to the attorney general.
Sec. 2965.02. (A) The department of rehabilitation and
correction shall collect and maintain, as part of the
department's official records concerning each person in
detention, the person's citizenship or immigration status, if
the information is available. At the request of the department,
a prosecuting attorney, law enforcement agency, or court clerk
shall provide any available citizenship or immigration status
information to the department.
(B) By the twenty-eighth day of February of each year, the
department of rehabilitation and correction shall submit a
report to the governor summarizing all of the following
information, if available:
(1) The number of people detained in the previous year who
were citizens or nationals of the Unites States;
(2) The number of people detained in the previous year who
were not a citizen or national of the United States but were
lawfully present in the United States;
(3) The number of people detained in the previous year who
were unlawfully present in the United States.
Sec. 3301.0714. (A) The department of education and
workforce shall adopt rules for a statewide education management
information system. The rules shall require the department to
establish guidelines for the establishment and maintenance of
the system in accordance with this section and the rules adopted
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75 H. B. No. 42 Page 4
As Introduced
under this section. The guidelines shall include:
(1) Standards identifying and defining the types of data
in the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data to the department in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in
accordance with division (G) of this section;
(4) Procedures for annually reporting the data to the
public in accordance with division (H) of this section;
(5) Standards to provide strict safeguards to protect the
confidentiality of personally identifiable student data.
(B) The guidelines adopted under this section shall
require the data maintained in the education management
information system to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and
remedial instruction. The guidelines shall require instructional
services under this division to be divided into discrete
categories if an instructional service is limited to a specific
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103 H. B. No. 42 Page 5
As Introduced
subject, a specific type of student, or both, such as regular
instructional services in mathematics, remedial reading
instructional services, instructional services specifically for
students gifted in mathematics or some other subject area, or
instructional services for students with a specific type of
disability. The categories of instructional services required by
the guidelines under this division shall be the same as the
categories of instructional services used in determining cost
units pursuant to division (C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant
to division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a
disabling condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the department
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132 H. B. No. 42 Page 6
As Introduced
counted as present for any field trip that is approved by the
school administration.
(h) Expulsion rates;
(i) Suspension rates;
(j) Dropout rates;
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with the
director's rules;
(m) Graduation rates, to be calculated in a manner
specified by the department that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic
assessment administered to a kindergarten student, except for
the language and reading assessment described in division (A)(2)
of section 3301.0715 of the Revised Code, if the parent of that
student requests the district not to report those results.
(o) The number of students earning each state diploma seal
included in the system prescribed under division (A) of section
3313.6114 of the Revised Code;
(p) The number of students demonstrating competency for
graduation using each option described in divisions (B)(1)(a) to
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160 H. B. No. 42 Page 7
As Introduced
(d) of section 3313.618 of the Revised Code;
(q) The number of students completing each foundational
and supporting option as part of the demonstration of competency
for graduation pursuant to division (B)(1)(b) of section
3313.618 of the Revised Code;
(r) The number of students enrolled in all-day
kindergarten, as defined in section 3321.05 of the Revised Code ;
(s) The number of students who are citizens or nationals
of the United States;
(t) The number of students who are not citizens or
nationals of the United States but who are lawfully present in
the United States, disaggregated by specific immigration status;
(u) The number of students who are not lawfully present in
the United States.
(2) Personnel and classroom enrollment data for each
school district, including:
(a) The total numbers of licensed employees and
nonlicensed employees and the numbers of full-time equivalent
licensed employees and nonlicensed employees providing each
category of instructional service, instructional support
service, and administrative support service used pursuant to
division (C)(3) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole,
for each school building as a whole, and for each grade in each
school building.
(b) The total number of employees and the number of full-
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188 H. B. No. 42 Page 8
As Introduced
time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section,
and the total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category used
pursuant to division (C)(4)(c) of this section. The guidelines
adopted under this section shall require these categories of
data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade
in each school building.
(c) The total number of regular classroom teachers
teaching classes of regular education and the average number of
pupils enrolled in each such class, in each of grades
kindergarten through five in the district as a whole and in each
school building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of English learners in the district, and an
appropriate measure of the number of the school district's
pupils who reside in economically disadvantaged households. The
demographic data shall be collected in a manner to allow
correlation with data collected under division (B)(1) of this
section. Categories for data collected pursuant to division (B)
(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218 H. B. No. 42 Page 9
As Introduced
whether the student previously participated in a public
preschool program, a private preschool program, or a head start
program, and the number of years the student participated in
each of these programs.
(4)(a) The core curriculum and instructional materials
being used for English language arts in each of grades pre-
kindergarten to five;
(b) The reading intervention programs being used in each
of grades pre-kindergarten to twelve.
(5) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall
include cost accounting data for each district as a whole and
for each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive cost units and shall require all of the costs of each
school district to be divided among the cost units. The
guidelines shall require the system of mutually exclusive cost
units to include at least the following:
(1) Administrative costs for the school district as a
whole. The guidelines shall require the cost units under this
division (C)(1) to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
in enrolled ADM in the school district, as determined pursuant
to section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247 H. B. No. 42 Page 10
As Introduced
may be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average
expenditure per pupil receiving the service in the school
district as a whole and average expenditure per pupil receiving
the service in each building in the school district and in terms
of a total cost for each category of service and, as a breakdown
of the total cost, a cost for each of the following components:
(a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related to each instructional services category, such as the
cost of personnel that develop the curriculum for the
instructional services category and the cost of personnel
supervising or coordinating the delivery of the instructional
services category.
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276 H. B. No. 42 Page 11
As Introduced
(4) Support or extracurricular services costs for each
category of service directly provided to students and required
by guidelines adopted pursuant to division (B)(1)(b) of this
section. The guidelines shall require the cost units under
division (C)(4) of this section to be designed so that each of
them may be compiled and reported in terms of average
expenditure per pupil receiving the service in the school
district as a whole and average expenditure per pupil receiving
the service in each building in the school district and in terms
of a total cost for each category of service and, as a breakdown
of the total cost, a cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under
a supplemental contract;
(b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each services category in division (C)(4)(a) or (b) of this
section, such as the cost of any licensed or nonlicensed
employees that develop, supervise, coordinate, or otherwise are
involved in administering or aiding the delivery of each
services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306 H. B. No. 42 Page 12
As Introduced
required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines may also require school districts to report
information about individual staff members in connection with
any data required by division (B) or (C) of this section or
other reporting requirements established in the Revised Code.
The guidelines shall not authorize school districts to request
social security numbers of individual students. The guidelines
shall prohibit the reporting under this section of a student's
name, address, and social security number to the department. The
guidelines shall also prohibit the reporting under this section
of any personally identifiable information about any student,
except for the purpose of assigning the data verification code
required by division (D)(2) of this section, to any other person
unless such person is employed by the school district or the
information technology center operated under section 3301.075 of
the Revised Code and is authorized by the district or technology
center to have access to such information or is employed by an
entity with which the department contracts for the scoring or
the development of state assessments. The guidelines may require
school districts to provide the social security numbers of
individual staff members and the county of residence for a
student. Nothing in this section prohibits the department from
providing a student's county of residence to the department of
taxation to facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school
district or community school to assign a data verification code
that is unique on a statewide basis over time to each student
whose initial Ohio enrollment is in that district or school and
to report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337 H. B. No. 42 Page 13
As Introduced
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of
data verification codes for other entities, as described in
division (D)(2)(d) of this section, the use of those codes, and
the reporting and use of associated individual student data
shall be coordinated by the department of education and
workforce in accordance with state and federal law.
School districts shall report individual student data to
the department through the information technology centers
utilizing the code. The entities described in division (D)(2)(d)
of this section shall report individual student data to the
department in the manner prescribed by the department.
(b)(i) Except as provided in sections 3301.941, 3310.11,
3310.42, 3310.63, 3313.978, 3317.20, and 5747.057 of the Revised
Code, and in division (D)(2)(b)(ii) of this section, at no time
shall the department have access to information that would
enable any data verification code to be matched to personally
identifiable student data.
(ii) For the purpose of making per-pupil payments to
community schools under section 3317.022 of the Revised Code,
the department shall have access to information that would
enable any data verification code to be matched to personally
identifiable student data.
(c) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367 H. B. No. 42 Page 14
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
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other
reporting requirements established in the Revised Code. The
other data, information, or reports may be maintained in the
education management information system but are not required to
be compiled as part of the profile formats required under
division (G) of this section or the annual statewide report
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397 H. B. No. 42 Page 15
As Introduced
required under division (H) of this section.
(F) The board of education of each school district shall
annually collect and report to the department, in accordance
with the guidelines established by the department, the data
required pursuant to this section. A school district may collect
and report these data notwithstanding section 2151.357 or
3319.321 of the Revised Code.
(G) The department shall, in accordance with the
procedures it adopts, annually compile the data reported by each
school district pursuant to division (D) of this section. The
department shall design formats for profiling each school
district as a whole and each school building within each
district and shall compile the data in accordance with these
formats. These profile formats shall:
(1) Include all of the data gathered under this section in
a manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained
pursuant to division (B)(1)(d) of this section.
(H)(1) The department shall, in accordance with the
procedures it adopts, annually prepare a statewide report for
all school districts and the general public that includes the
profile of each of the school districts developed pursuant to
division (G) of this section. Copies of the report shall be sent
to each school district.
(2) The department shall, in accordance with the
procedures it adopts, annually prepare an individual report for
each school district and the general public that includes the
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426 H. B. No. 42 Page 16
As Introduced
profiles of each of the school buildings in that school district
developed pursuant to division (G) of this section.
(I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school.
As used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established
under this section.
(2) "Cost" means any expenditure for operating expenses
made by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483
of the Revised Code.
(K) Any person who removes data from the information
system established under this section for the purpose of
releasing it to any person not entitled under law to have access
to such information is subject to section 2913.42 of the Revised
Code prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section
and the rules adopted under division (L)(10) of this section,
the department may sanction any school district that reports
incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455 H. B. No. 42 Page 17
As Introduced
department, fails to report data in a timely manner, or
otherwise does not make a good faith effort to report data as
required by this section.
(2) If the department decides to sanction a school
district under this division, the department shall take the
following sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under
this section and require the district to review its data
submission and submit corrected data by a deadline established
by the department. The department also may require the district
to develop a corrective action plan, which shall include
provisions for the district to provide mandatory staff training
on data reporting procedures.
(b) Withhold up to ten per cent of the total amount of
state funds due to the district for the current fiscal year and,
if not previously required under division (L)(2)(a) of this
section, require the district to develop a corrective action
plan in accordance with that division;
(c) Withhold an additional amount of up to twenty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484 H. B. No. 42 Page 18
As Introduced
(iii) Withhold an additional amount of up to thirty per
cent of the total amount of state funds due to the district for
the current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's
data management system;
(vi) Conduct an investigation to determine whether to
suspend or revoke the license of any district employee in
accordance with division (N) of this section;
(vii) If the district is issued a report card under
section 3302.03 of the Revised Code, indicate on the report card
that the district has been sanctioned for failing to report data
as required by this section;
(viii) If the district is issued a report card under
section 3302.03 of the Revised Code and incomplete or inaccurate
data submitted by the district likely caused the district to
receive a higher performance rating than it deserved under that
section, issue a revised report card for the district;
(ix) Any other action designed to correct the district's
data reporting problems.
(3) Any time the department takes an action against a
school district under division (L)(2) of this section, the
department shall make a report of the circumstances that
prompted the action. The department shall send a copy of the
report to the district superintendent or chief administrator and
maintain a copy of the report in its files.
(4) If any action taken under division (L)(2) of this
section resolves a school district's data reporting problems to
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512 H. B. No. 42 Page 19
As Introduced
the department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that
if the department withheld funding under division (L)(2)(c) of
this section, the department shall not release the funds
withheld under division (L)(2)(b) of this section and, if the
department withheld funding under division (L)(2)(d) of this
section, the department shall not release the funds withheld
under division (L)(2)(b) or (c) of this section.
(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
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for
the district. If the referee affirms the department's contention
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543 H. B. No. 42 Page 20
As Introduced
that the district did not make a good faith effort to report
data as required by this section, the district shall bear the
full cost of conducting the hearing and of issuing any revised
report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department
and a school district regarding the appropriateness of an action
taken under division (L)(2) of this section, the burden of proof
shall be on the district to demonstrate that it made a good
faith effort to report data as required by this section.
(10) The director of education and workforce shall adopt
rules under Chapter 119. of the Revised Code to implement
division (L) of this section.
(M) No information technology center or school district
shall acquire, change, or update its student administration
software package to manage and report data required to be
reported to the department unless it converts to a student
software package that is certified by the department.
(N) The state board of education, in accordance with
sections 3319.31 and 3319.311 of the Revised Code, may suspend
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572 H. B. No. 42 Page 21
As Introduced
or revoke a license as defined under division (A) of section
3319.31 of the Revised Code that has been issued to any school
district employee found to have willfully reported erroneous,
inaccurate, or incomplete data to the education management
information system.
(O) No person shall release or maintain any information
about any student in violation of this section. Whoever violates
this division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race
and socioeconomic status of the students assessed.
(Q) If the department cannot compile any of the
information required by division (I) of section 3302.03 of the
Revised Code based upon the data collected under this section,
the department shall develop a plan and a reasonable timeline
for the collection of any data necessary to comply with that
division.
Sec. 3301.0717. The department of education and workforce
shall require each public school to report data under divisions
(B)(1)(s) to (u) of section 3301.0714 of the Revised Code by the
thirty-first day of January each calendar year. That report
shall include the number of each category of students described
in those divisions who were enrolled in the school on the
thirty-first day of December of the prior calendar year. Not
later than the twenty-eighth day of February of each calendar
year, the department shall submit to the governor a report
summarizing that data.
Sec. 5101.546. (A) A county department of job and family
services shall collect data that indicate one of the following
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601 H. B. No. 42 Page 22
As Introduced
regarding each household that receives supplemental nutrition
assistance program benefits:
(1) All members of the household are citizens or nationals
of the United States.
(2) At least one member of the household is not a citizen
or national of the United States but is lawfully present in the
United States, including specific immigration status.
(B) By the thirty-first day of January of each year, each
county department of job and family services shall submit a
report to the Ohio department of job and family services
including both of the following for the previous calendar year:
(1) The total number of households for which:
(a) All members were citizens or nationals of the United
States;
(b) At least one member of the household was not a citizen
or national of the United States but was lawfully present in the
United States, disaggregated by immigration status;
(2) The monetary value of benefits provided to households
that include a member who is not a citizen or national of the
United States but is lawfully present in the United States.
(C) By the twenty-eighth day of February of each year, the
Ohio department of job and family services shall submit a report
to the governor summarizing all information submitted to the
department under division (B) of this section for the previous
calendar year.
(D) The Ohio department of job and family services may
adopt rules establishing the format of the citizenship or
immigration information collected by a county department and the
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629 H. B. No. 42 Page 23
As Introduced
format of the annual reports submitted to the Ohio department of
job and family services. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 5107.101. (A) A county department of job and family
services shall collect data that indicate one of the following
regarding each assistance group that receives cash assistance:
(1) All members of the assistance group are citizens or
nationals of the United States.
(2) At least one member of the assistance group is not a
citizen or national of the United States but is lawfully present
in the United States.
(3) For child-only assistance groups, each parent,
guardian, custodian, or specified relative residing with and
caring for the child is a citizen or national of the United
States.
(4) For child-only assistance groups, at least one parent,
guardian, custodian, or specified relative residing with and
caring for the child is not a citizen or national of the United
States but is lawfully present in the United States.
(B) By the thirty-first day of January of each year, each
county department of job and family services shall submit a
report to the Ohio department of job and family services
including both of the following for the previous calendar year:
(1) The total number of assistance groups for which:
(a) All members were citizens or nationals of the United
States;
(b) At least one member was not a citizen or national of
the United States but was lawfully present in the United States,
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657 H. B. No. 42 Page 24
As Introduced
disaggregated by immigration status;
(c) Each parent, guardian, custodian, or specified
relative residing with and caring for a child in a child-only
assistance group was a citizen or national of the United States;
(d) At least one parent, guardian, custodian, or specified
relative residing with and caring for a child in a child-only
assistance group was not a citizen or national of the United
States but was lawfully present in the United States,
diaggregated by immigration status.
(2) The monetary value of benefits provided to assistance
groups that included a member who was not a citizen or national
of the United States but was lawfully present in the United
States.
(C) By the twenty-eighth day of February of each year, the
Ohio department of job and family services shall submit a report
to the governor summarizing all information submitted to the
department under division (B) of this section for the previous
calendar year.
(D) The Ohio department of job and family services may
adopt rules establishing the format of the citizenship or
immigration information collected by a county department and the
format of the annual reports submitted to the Ohio department of
job and family services. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 5162.138. (A) By the thirty-first day of January each
year, the department of medicaid shall submit a report to the
governor that includes the following information:
(1) The number of qualified aliens enrolled in the
medicaid program;
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686 H. B. No. 42 Page 25
As Introduced
(2) The number of qualified aliens who applied for
benefits under the medicaid program in the previous calendar
year;
(3) The number of individuals not lawfully present in the
United States who received alien emergency medical assistance,
as specified in section 1903(v) of the "Social Security Act," 42
U.S.C. 1396b(v), in the previous calendar year.
(B) As used in this section, "qualified alien" has the
same meaning as in section 431(b) of the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
8 U.S.C. 1641(b).
Section 2. That existing section 3301.0714 of the Revised
Code is hereby repealed.
687
688
689
690
691
692
693
694
695
696
697
698
699