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Academy of Medicine of Cleveland

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Academy of Medicine of Cleveland ...

    Ohio Counseling Association

    Legislative Update

House Bills

    House Bill 148 - Alternative Health Care Services .......................................................................................................................... 2 House Bill 181 School Records for Missing Children ................................................................................................................... 2 House Bill 294 - Posttraumatic Stress Disorder ............................................................................................................................... 2 House Bill 254 School Nutrition .................................................................................................................................................. 3 House Bill 299 - Outpatient Treatment Bill ..................................................................................................................................... 3 House Bill 384 - Comprehensive Mental Health Parity.................................................................................................................... 3 House Bill 406 Prohibit Corporal Punishment .............................................................................................................................. 3 House Bill 418 Cruelty to Animals .............................................................................................................................................. 4 House Bill 427 - Marriage and Family Therapist ............................................................................................................................ 4 House Bill 428 - School Employee Misconduct .............................................................................................................................. 4 House Bill 439 - Suicide Prevention Services for Students .............................................................................................................. 5 House Bill 456 - Healthcare Access Bill ......................................................................................................................................... 6 House Bill 503 Psychologist License ........................................................................................................................................... 7 House Bill 519 Mentoring Programs ............................................................................................................................................ 7

Senate Bills

    Senate Concurrent Resolution 18 Uniform Accountability ............................................................................................................ 8 Senate Bill 53 - Mental Health Hold ............................................................................................................................................... 8 Senate Bill 54 UPPL.................................................................................................................................................................... 8 Senate Bill 264 Non-Binding Arbitration ..................................................................................................................................... 9 Senate Bill 270 - School Employee Misconduct .............................................................................................................................. 9 Senate Bill 297 Posttraumatic Stress Disorder ............................................................................................................................ 10 Senate Bill 298 Mental Health Parity ......................................................................................................................................... 10

Enacted Legislation

    House Bill 104 - Background Checks for Licensure ...................................................................................................................... 11 House Bill 125 - Healthcare Simplification Act............................................................................................................................. 11 House Bill 190 - Discipline of School Employees ......................................................................................................................... 11 Senate Bill 87 Emergency Alert Program ................................................................................................................................... 12

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    House Bill 181 allows a law enforcement agency that takes a House Bill 148 - Alternative Health Care Services

    missing child report to notify the public or nonpublic school in

    Sponsor: State Representative Lynn Wachtmann (R which the missing child is or was most recently enrolled that the

    Napoleon) child is the subject of a missing child report and that the child's

    school records are to be marked. The bill requires each public

    Committee: House Commerce and Labor Committee; and nonpublic school to mark the records of a pupil currently or

    Sponsor testimony on October 23, 2007. previously enrolled in the school when the school receives

     notice from a law enforcement agency that the pupil has been

    reported to be a missing child and to notify that law enforcement Position:

     agency whenever it receives a request for a copy of or House Bill 148 would require practitioners of complementary or information regarding that pupil's records.

    alternate health care to register with the state with the Office of

    Complementary or Alternative Health Care Practices created in The bill requires a law enforcement agency that took a missing the bill within the Department of Commerce. child report and receives notice that the missing child has

     returned to the home of, or to the care, custody, and control of All those registered in accordance to this bill must provide all the child's caregiver, has been released if the missing child was recipients of their services, and obtain a signature from the the victim of a specified offense, or otherwise has been located to recipient, with a disclosure form that states: "I AM NOT promptly inform any school that was notified under the bill's LICENSED BY THE STATE OF OHIO AS A HEALTH CARE provisions that the minor no longer is a missing child. PROFESSIONAL. I AM NOT A DOCTOR OR PHYSICIAN.

    THE STATE HAS NOT ADOPTED ANY EDUCATIONAL OR The bill was amended in the Senate Committee to requires a TRAINING REQUIREMENTS FOR UNLICENSED court to impose an additional court cost of $10 for a moving COMPLEMENTARY OR ALTERNATIVE HEALTH CARE violation to provide funds for certain costs of drug task forces, SERVICE PROVIDERS." The statements must also specify a certain costs of alcohol monitoring provided to indigent list of specific information like the type of services that will be offenders, certain costs of alcohol monitoring of indigent provided, any licenses the practitioner has, and other information defendants, and certain indigent defense costs. for the client.

    The complementary or alternative health care provider is House Bill 294 - Posttraumatic Stress Disorder required to keep a copy of this signed statement for at least 5

    years. They are also required to refer their customers to a license Sponsor: State Representative Ted Celeste (D

    health care provider if that person does not show improvement Grandview Heights)

    after 30 days of treatment, unless the person has already been

    diagnosed with a disease or condition or the person is seeking Committee: House Insurance Committee. Sponsor hearing fitness/wellness services. on 1/22/2008.

     Position: OCA Supports

     House Bill 181 School Records for Missing Children

     HB 294 mandates that health insurance provide coverage for the Sponsor: State Representative Arlene Setzer ( R diagnosis and treatment of posttraumatic stress disorder as

    Vandalia) defined by the Diagnostic and Statistical Manual of Mental

     Disorders, Fourth Edition, published by the American Psychiatric Committee: Conference Committee to be convened. Passed Association. The provisions of this bill would not apply to plans

    the Ohio House on 9/11/08 by a vote of 94 0. that cover specific diseases or accidents only.

    Substituted in Senate Judiciary Criminal

    Justice Committee and reported out 12/11/07

    32 0. House refused to concur with Senate

    Amendments.

Position:

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    House Bill 299 has been introduced in response to a tragic House Bill 254 School Nutrition

     incident in Cleveland Heights in which police officer Jason West Sponsor: State Representative Jon Peterson ( R was killed by a mentally ill person. House Bill 299 would create

    Delaware ) a procedure to require patients with mental illness to receive

     treatment and take their medications. According to reports, the Committee: House Education Committee Sponsor person responsible for the death of Officer West had a history of

    hearing 6/19/08; hearings 10/9/08 and 4/8/08. refusing medical treatment and not taking medications to control

    The bill was substituted on 4/8/08. the illness.

    House Bill 299 is modeled after laws that have passed in New Position:

    York and California. The bill allows the courts to issue an order

    House Bill 254, as substituted, creates the Ohio Child Wellness to mandate that a person receive assisted outpatient treatment Advisory Council as a subcommittee to the Healthy Ohioans and/or take medication for their illness. Each Board of Alcohol, Advisory Committee in the Ohio Department of Health. The bill Drug Addiction, and Mental Health Services would be required requires each school district board of education and each to establish and maintain an assisted outpatient treatment chartered nonpublic school governing authority to adopt and program and employ mental health professional to provide the enforce nutrition standards governing the types of food and treatment. Included in the definition of “mental health beverages that may be sold on the premises of its schools. The professional” is a “professional clinical counselor, or a board or governing authority is to consider the nutritional value professional counselor under the supervision of a psychologist, of each good or beverage. psychiatrist, professional clinical counselor, or independent

     social worker, licensed under Chapter 4757 of the Revised The bill prohibits vending machines from being placed in any Code.”

    classroom where students are provided instruction, unless the

    classroom also is used to serve students meals. The prohibition

    does not apply to milk, reimbursable meals, or food and beverage House Bill 384 - Comprehensive Mental Health Parity items that are part of a reimbursable meal and are available for

    sale as individually priced items in serving potions of the same Sponsor: State Representative Ted Celeste (D

    size as in the reimbursable meal. Grandview Heights) and State Representative

     Jon Peterson (R Delaware)

    A staff person is to be designated by each board or governing

    authority for ensuring that the school district or school meets the Committee: House Insurance Committee. Sponsor hearing nutrition standards adopted. Each board or governing authority on 2/5/2008; proponent hearing 4/8/08. is to establish a school nutrition and physical activity committee

    consisting of representatives of the board or governing authority; Position: OCA Supports

    parents; students; administrators; teachers, including physical

    education and health teachers; personnel responsible for school House Bill 384 is the comprehensive parity bill that expands on food service programs; school nurses; and the public. The mental health parity bill passed during the last General Assembly. committee is to adopt and oversee implementation of a local The previous legislation only mandated coverage for the wellness policy to encourage healthy lifestyles for students diagnosis and treatment of biologically based mental illness. HB enrolled in the district or school and to prepare an annual report. 384 would expand mandated coverage for all “mental illnesses

     and substance abuse or addiction conditions”.

     House Bill 299 - Outpatient Treatment Bill

     House Bill 406 Prohibit Corporal Punishment

    Sponsor: State Representative Tom Patton ( R

    Strongsville ) Sponsor: State Representative Jon Peterson ( R

    Delaware) and State Representative Brian

    Committee: House Health Committee. Sponsor hearing on Williams ( D Akron)

    10/10/07 and 10/17/07

    Committee: House Education Committee. Sponsor hearing

    1/15/08 and proponent hearing 1/22/08. Position: OCA No Position

    Position: OSCA Supports

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    House Bill 406 would prohibit corporal punishment outright in Family Therapist Board, the State Board of Psychology, and the all public schools. The bill retains the current law permitting State Medical Board, who complete the required continuing public and private school employees to use force or restraint as education, qualify to provide the services mandated under this reasonable and necessary to quell a disturbance, to obtain legislation.

    possession of a weapon, for self-defense, or to protect persons or

    property.

     House Bill 427 - Marriage and Family Therapist Under current law, corporal punishment is prohibited in schools

    operated by a school district unless the district board adopts a Sponsor: State Representative Shawn Webster (R

    policy permitting it. Before the board adopts such a policy, it Hamilton) and State Representative Tom must study a report of a local discipline task force comprised of Letson (D Warren).

    teachers, administrators, nonlicensed school employees, school

    psychologists, medical professionals, including pediatricians Committee: House Health Committee Sponsor hearing on

    when available, and representatives of parents' organizations. 3/12/2008; proponent hearing on 4/2/08; and This legislation prohibits corporal punishment altogether. opponent hearing on 4/9/08. No Association

     has testified in opposition to House Bill 427.

    On 4/9/08, the Ohio Psychiatric Medical

    Association testified as an interested party. House Bill 418 Cruelty to Animals

Sponsor: State Representative Courtney Combs ( R - Position:

    Hamilton )

     House Bill 427 revises the laws governing the practice of Committee: House Criminal Justice Committee. Sponsor marriage and family therapists. HB 427 would expand the scope

    hearing 3/13/08; proponent hearing 4/10/08. of practice of marriage and family therapists to allow for the

     diagnosis and treatment of mental and emotional disorders.

    Independent marriage and family therapists would be permitted Position:

     to diagnosis and treat mental and emotional disorders without House Bill 418 increases the penalties and sentencing provisions supervision.

    regarding violations of the cruelty to animals statutes and

    expands the scope of temporary protection orders, domestic This legislation also amends the law to add independent marriage violence protection orders, anti-stalking protection orders, and and family therapists to the list of professionals that can other related protection orders to include the protection of any supervise professional counselors in the diagnosis and treatment companion animal that is in the complainant’s or alleged victim’s of mental and emotional disorders. Currently the list includes: residence. . Psychologists, psychiatrists, professional clinical counselors and

     independent social workers. The bill also expands the list of the Under the bill if a child under the age of 18, who is adjudicated a providers that can supervise social workers to include delinquent child, is convicted of cruelty to animal charges the independent marriage and family therapists.

    child shall be ordered by the court to undergo psychological

    evaluation and counseling for at least 6 months. The court is

    permitted to order the cost of the evaluation, the counseling, or House Bill 428 - School Employee Misconduct

    both to be paid by the parent, guardian, or other person having

    care of the child. Sponsor: State Representative Arlene Setzer ( R

     Vandalia)

    In order for a counselor to qualify to provide the counseling

    under this bill, they would have to complete a course of study Committee: House Education Committee; hearings on with regard to the counseling of individuals who abuse animals 1/15/07, 1/22/07

    as part of their continuing education requirements for licensure.

    The course would be approved by the Professional Standards Position: OSCA Monitoring

    Committees of the Counselor, Social Worker and Marriage and

    Family Therapist Board. Those licensees not intending to House Bill 428 concerns the reporting of and discipline for provide services under this bill, would not be required to take the school employee misconduct. The bill applies the same ban on course regarding animal abuse. the continuation of an educator’s license that has been enforced

    Also licensees of the Counselor, Social Worker and Marriage and against candidates for initial licensure.

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    The bill applies to roughly 80 criminal offenses including Permits the State Board and the Department of murder, robbery, burglary, drug trafficking, and sex crimes, Education to question a licensee or license applicant which under House Bill 428 would trigger automatic revocation about an offense committed or alleged to have been of an educator’s license. committed by that person, the record of which has been

     sealed or expunged, without demonstrating that the According to the Ohio Department of Education, “automatically question bears a "direct or substantial relationship" to revoking an educator’s license for certain offenses allows the the person's license or position, as otherwise required State Board to impose a disciplinary action immediately upon under current law.

    verifying an educator has been convicted.An educator would

    not be able to hold a valid teaching license while an Requires the Department of Education to participate in administrative hearing process is pending. A person would have receiving notifications through BCII's Retained to be found guilty by a court and, in certain cases, could apply Applicant Fingerprint Database of the arrest or for readmission if an appeals court later cleared the educator of conviction of licensed educators.

    wrong-doing. The accused would have full rights to an

    administrative hearing and possible appeal. An educator arrested Requires the Attorney General to grant access to the or charged under the list of crimes would also be subject to Ohio Law Enforcement Gateway (OLEG) to persons automatic suspension from any duties associated with children employed in the Department of Education's Office of but could be reassigned to another post. Professional Conduct.

    A suspended teacher’s paid or unpaid status would be left up to Designates persons responsible under continuing law for the discretion of the local school board as provided under current reporting to the Department of Education specified law. The following provisions are contained in House Bill 428: misconduct by licensed educators employed by school

     districts, educational service centers (ESCs), chartered Specifies that if an employee of a school district, ESC, nonpublic schools, county MR/DD boards, community

    community school or its operator, STEM school, or schools, and Science, Technology, Engineering, and

    chartered nonpublic school is arrested or indicted for Math (STEM) schools.

    certain offenses, the employee must be suspended from

    all duties involving the care, custody, or control of a Requires the chief administrator of a community school

    child during the criminal action. to report specified misconduct by a licensed educator

     employed by the school's operator and working in the Requires the State Board of Education (or the school.

    Superintendent of Public Instruction by delegation of

    the Board) to automatically revoke or deny an educator Grants immunity from civil liability to persons who

    license, without an administrative hearing, if the person make good-faith reports about misconduct by licensed

    who holds or has applied for the license is convicted of, educators.

    pleads guilty to, or is found guilty of certain specified

    criminal offenses.

     House Bill 439 - Suicide Prevention Services for Students Authorizes the State Board to take an action against a

    licensee or a license applicant based on eligibility for Sponsor: State Representative Bob Hagan (D

    intervention in lieu of conviction or on an agreement for Youngstown)

    a pre-trial diversion program.

     Committee: House Education Committee Sponsor

     Requires prosecutors to notify the State Board if a hearing 4/8/08

    licensee or a school employee is eligible for intervention

    in lieu of conviction or has agreed to a pre-trial Position: OSCA - Support with Technical Assistance

    diversion program.

     House Bill 439 would require each school district and Requires designated school authorities to report to the community school to provide suicide prevention services for

    Superintendent of Public Instruction when a school students in grades five through twelve.

    employee who is licensed by the State Board is eligible

    for intervention in lieu of conviction or has agreed to a

    pre-trial diversion program.

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    House Bill 439 establishes that the board of education of each ; Diverts all taxes collected on insurance premiums from city, local exempted village, and joint vocational school district the General Revenue Fund to the Health Insurance is to provide suicide prevention services for all students enrolled Credit Fund, created by the bill. Specifies that the in the schools of the district in grades five through twelve. money in the Health Insurance Credit Fund is to be

     allocated between the Health Insurance Credit Program These services may include, but need not be limited to, any of the and the I-Ohio Reinsurance Program. following:

     ; Requires every public employee benefit plan established

    ; Mental health services in school-based health centers; or modified in Ohio to include coverage for chronic care

    ; Evidence-based suicide prevention programs; management.

     ; Awareness training for all district employees;

    ; Prohibits health benefit plans from limiting or excluding ; Suicide prevention education to students;

    an insured's coverage for a loss that is otherwise ; A written policy and procedures for responding to

    covered under the plan if the loss is the result of the suicidal warning signs, threats, attempts, and

    insured's use of alcohol or other drugs or both. (Senate completions;

    Bill 54). ; Mental health risk assessments and referral to mental health providers;

    ; Requires health insurers to offer to cover dependent ; Referral systems children beyond the insurer's normal age limitations until the age of 29 if certain circumstances exist. House Bill 456 - Healthcare Access Bill Taxation Sponsor: State Representative Jim Raussen (R

    ; Allows the new credit to be claimed for insurance Springdale)

    covering some older children whose coverage does not

    currently qualify for the existing deduction. Committee: House Healthcare Access and Affordability

     Committee

    ; Authorizes a new income tax deduction to offset any

    income imputed to a taxpayer under federal law because Position:

    an employer-paid health benefit plan covers older

    children who are not considered "dependents" under House Bill 456 is a comprehensive health care access, coverage,

    federal law. and reform bill. Some of the provisions included in House Bill

     456 are the following:

    ; Permits taxpayers to include, in the computation of

    deductible medical expenses, self-paid medical Insurance

    expenses on behalf of some older children.

     ; Repeals the Ohio Health Reinsurance Program, creates

    School Food the I-Ohio Reinsurance Program administered by the

     Superintendent of Insurance, and creates the I-Ohio

    Reinsurance Advisory Board. ; Requires each local board of education to adopt and

     enforce standards regarding food and beverage sales in

    accordance with rules the State Board of Education ; Requires the Department of Job and Family Services to

    must adopt governing the types of, and prices for, food establish the Health Insurance Credit Program, details

    and beverages sold on any school premises, including the eligibility requirements and application procedures

    food and beverages sold by food service programs and for the Program, and specifies how the credits are to be

    in vending machines. Requires a local board, when paid. Establishes the Health Insurance Credit Program

    adopting standards, to consider food and beverage Board and specifies the membership and duties of the

    nutritional values. Board.

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    All mentors will be required to have completed a criminal ; Prohibits a public or community school from (1)

    records check and an annual training course developed by the beginning one year after the bill's effective date, selling

    division of mentoring. a food or beverage containing, or prepared using, a food

     or substance containing artificial trans fat, or (2) selling

    The parents of each student enrolled in any of grades K though a type of food or beverage, or charging a price for food

    twelve are required to attend an orientation seminar prior to the and beverages, that is inconsistent with the rules

    opening date of each school year, and perform at least 13 hours adopted by the State Board of Education.

    of volunteer service for the district each school year. Each school district is to develop a three hour orientation seminar for parents of students. House Bill 503 Psychologist License Each school district is to adopt a policy describing volunteer Sponsor: State Representative Jon Peterson ( R activities. Each parent who does not complete the orientation Delaware ) and 13 hours of volunteer service are to be fined $100. Committee: House Health Committee. Sponsor hearing 4/2/08; proponent hearing 4/9/08

Position:

    House Bill 503 revises the clinical psychologist supervision standards to no longer require one year of the professional experience to be post doctoral.. The bill removes a current provision which allows individuals with an “equivalent degree” to be licensed. In addition, the bill requires applicants for licensure to have graduated from an accredited program.

House Bill 519 Mentoring Programs

Sponsor: State Representative Sandra Williams ( D

    Cleveland )

Committee: House Ways and Means Committee; sponsor

    hearing 4/16/08.

Position:

    House Bill 519 requires parents of students enrolled in school districts to perform volunteer services for the district; grants state employees up to 16 hours of paid leave to participate in a child’s

    educational activities; allows a nonrefundable credit against the corporate franchise or commercial activity tax for employer-paid leave enabling employees to participate in school-related activities; and requires school districts to establish mentoring programs for students.

    Each board of education is to adopt a policy establishing a mentoring program for students and create a division of mentoring consisting of a distinct unit of staff to implement the program.

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    Senate Bill 53 passed the Ohio Senate on Senate Concurrent Resolution 18 Uniform Accountability

    March 20, 2007 by a vote of 26 7. Bob

    Wilson, Connie Wilson, and Daniel Sponsor: Senator Joy Padgett ( R Coshocton )

    Cruikshanks testified on behalf of the Ohio

    Counseling Association as proponents of the Committee: Awaiting Floor Vote in Ohio House; Passed

    bill in the Ohio Senate. Also testifying as a Ohio Senate 11/14/07 by a vote of 29 1;

    proponent of the legislation was Jim Rough on reported out of House Education Committee on

    behalf of the Counselor, Social Worker and 4/8/08.

    Marriage and Family Therapist Board. Paul

    VanderSchie, Director of the Mental Health Position:

     and Recovery Board of Clark, Greene, and

    Madison Counties, and Janet Shaw, Executive Senate Concurrent Resolution 18 pertains to the federal No Child

    Director of the Ohio Psychiatric Association Left Behind program and currently, Ohio has used a minimum

    testified against the bill in the Ohio Senate. subgroup size of 30 for all sub groups except for students with

     disabilities, which uses a subgroup of 45. Based on guidance Position: Strongly Support from the Federal Education Department, the State Board of

     Education wants a universal subgroup size of 30 for the purposes Senate Bill 53 is the Ohio Counseling Association’s mental of determining adequate yearly progress (AYP).

    health hold legislation.

     The other change involves implementing a growth model for the Senate Bill 53 would amend the current mental health hold law purposes of determining AYP status. The model adds a method that applies to psychiatrists, psychologists, physicians, health in addition to existing methods for districts and schools to meet officers, parole officers, police officers, and sheriffs to allow a AYP by demonstrating student growth instead of meeting a licensed professional clinical counselor (LPCC) to have a person designated target. The Ohio Department of Education has taken into custody and transport the person to a hospital where proposed to employ a growth model for No Child Left Behind the person may be held if the LPCC has reason to believe the accountability purposes that would give districts and buildings person is mentally ill and represents a substantial risk of physical the option of making adequate yearly progress by showing that harm to their self or others if allowed to remain at liberty pending students who currently are not proficient in reading or examination. The LPCC would be required to give the hospital a mathematics are on a trajectory to be proficient within three written statement stating the circumstances under which such years.

    person was taken into custody and the reasons for the LPCC’s belief.

     Senate Bill 53 - Mental Health Hold

Senate Bill 54 UPPL Sponsor: Former Senator Patty Clancy (R Cincinnati)

Sponsor: Former State Senator Patty Clancy ( R Committee: House Health Committee. Testifying as

    Cincinnati) proponents of the bill have been Carol Pohly,

     Connie Wilson, and Bob Wilson for the Ohio

    Committee: Senate Insurance, Commerce and Labor Counseling Association and Jim Rough for the

    Committee. No hearings to date. Counselor, Social Worker and Marriage and

     Family Therapist Board. The Ohio Psychiatric

    Position: OCA Support Association and the Ohio State Medical

     Association oppose the legislation. Four

    Senate Bill 54 would remove language from the Ohio Revised hearings in the House Health Committee; last

    Code that allows insurance plans to deny payment to the provider hearing 10/3/07.

    if the patient sustained injury while under the influence of drugs

    or alcohol. The section of the code being repealed is known as

     the Uniform Policy Provisional Law, or UPPL. This provision has been in Ohio law since 1953, after the National Association of Insurance Commissioners (NAIC) created the model for such laws.

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    The following provisions are contained in Senate Bill 270: Senate Bill 264 Non-Binding Arbitration

    Sponsor: State Senator John Carey ( R Wellston) Specifies that if an employee of a school district, ESC,

     community school or its operator, STEM school, or Committee: Senate Education Committee. Sponsor hearing chartered nonpublic school is arrested or indicted for

    1/15/08; hearings 2/5/08, 3/11/08, and 4/8/08. certain offenses, the employee must be suspended from

    Bill substituted on 4/8/08 to no longer ban all duties involving the care, custody, or control of a

    teacher strikes. child during the criminal action.

     Requires the State Board of Education (or the Position: OSCA Opposed Bill as Introduced

    Superintendent of Public Instruction by delegation of

    Senate Bill 264, as introduced, would have require teachers the Board) to automatically revoke or deny an educator unions that have reached a collective bargaining impasse to license, without an administrative hearing, if the person submit to binding arbitration and the bill prohibited strikes. who holds or has applied for the license is convicted of,

     pleads guilty to, or is found guilty of certain specified The bill was substituted with mandating non-binding arbitration criminal offenses.

    language. If non-binding arbitration doesn't work, the arbitrator's

    report becomes public and the union can then give a 10-day Authorizes the State Board to take an action against a notice of a strike, but mediation would have to begin within 72 licensee or a license applicant based on eligibility for hours of that, and a public, weekly report of progress would have intervention in lieu of conviction or on an agreement for to be submitted to the Governor and State School Superintendent. a pre-trial diversion program.

    The substitute bill also states that, if school officials decide to Requires prosecutors to notify the State Board if a keep buildings open during a strike, no education taking place licensee or a school employee is eligible for intervention during the strike would count toward the number of school days in lieu of conviction or has agreed to a pre-trial required by the state. Also, parents would not be required to send diversion program.

    their children to school during a strike and could not be penalized

    for failing to do so. Requires designated school authorities to report to the

     Superintendent of Public Instruction when a school Also included in the substitute version of the bill was a provision employee who is licensed by the State Board is eligible that would include peace officers and some investigative for intervention in lieu of conviction or has agreed to a personnel under binding arbitration. pre-trial diversion program.

     Permits the State Board and the Department of

    Education to question a licensee or license applicant Senate Bill 270 - School Employee Misconduct

    about an offense committed or alleged to have been

    Sponsor: State Senator Gary Cates ( R West Chester) committed by that person, the record of which has been

     sealed or expunged, without demonstrating that the Committee: Senate Education Committee; hearings on question bears a "direct or substantial relationship" to

    1/15/08, 1/29/08, 2/5/08, 3/11/08, 4/1/08, and the person's license or position, as otherwise required

    4/8/08 under current law.

     Requires the Department of Education to participate in Position: OSCA Monitoring

     receiving notifications through BCII's Retained Senate Bill 270 concerns the reporting of and discipline for Applicant Fingerprint Database of the arrest or school employee misconduct. The bill applies the same ban on conviction of licensed educators.

    the continuation of an educator’s license that has been enforced

    against candidates for initial licensure. The bill applies to roughly Requires the Attorney General to grant access to the 80 criminal offenses including murder, robbery, burglary, drug Ohio Law Enforcement Gateway (OLEG) to persons trafficking, and sex crimes, which under Senate Bill 270 would employed in the Department of Education's Office of trigger automatic revocation of an educator’s license. Professional Conduct.

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Designates persons responsible under continuing law for

    reporting to the Department of Education specified

    misconduct by licensed educators employed by school

    districts, educational service centers (ESCs), chartered

    nonpublic schools, county MR/DD boards, community

    schools, and Science, Technology, Engineering, and Math (STEM) schools.

     Requires the chief administrator of a community school to report specified misconduct by a licensed educator

    employed by the school's operator and working in the

    school.

     Grants immunity from civil liability to persons who

    make good-faith reports about misconduct by licensed

    educators.

Senate Bill 297 Posttraumatic Stress Disorder

Sponsor: Senator Dale Miller ( D Cleveland )

Committee: Senate Insurance, Commerce and Labor

    Committee. Sponsor hearing 4/2/08

Position: OCA Supports

    Senate Bill 297 mandates that health insurance provide coverage for the diagnosis and treatment of posttraumatic stress disorder as defined by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association. The provisions of this bill would not apply to plans that cover specific diseases or accidents only.

Senate Bill 298 Mental Health Parity

Sponsor: Senator Dale Miller ( D Cleveland )

Committee: Senate Insurance, Commerce and Labor

    Committee

Position: OCA Supports

    Senate Bill 298 is the comprehensive parity bill that expands on the mental health parity bill passed during the last Ohio General Assembly. The previous legislation only mandated coverage for the diagnosis and treatment of biologically based mental illness. This legislation would expand mandated coverage for all “mental illnesses and substance abuse or addiction conditions”.

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