Section 3301.57 - [Effective 1/1/2025] Providing consultation and technical assistance(A) For the purpose of improving programs, facilities, and implementation of the standards promulgated under section 3301.53 of the Revised Code, the department of education and workforce and the department of children and youthshall provide consultation and technical assistance to school districts, county boards of developmental disabilities, community schools, authorized private before and after school care programs, and eligible nonpublic schools operating preschool programs or school child programs, and in-service training to preschool staff members, school child program staff members, and nonteaching employees.(B) The department of education, the department of children and youth, and the school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school shall jointly monitor each preschool program and each school child program. If the program receives any grant or other funding from the state or federal government, the department of education and the department of children and youth annually shall monitor all reports on attendance, financial support, and expenditures according to provisions for use of the funds.
(C) The department of education and workforceand the department of children and youth, at least once during every twelve-month period of operation of a preschool program or a licensed school child program, shall inspect the program and provide a written inspection report to the superintendent of the school district, county board of developmental disabilities, community school, or eligible nonpublic school. The departments may inspect any program more than once, as considered necessary by the departments, during any twelve-month period of operation. All inspections may be unannounced. No person shall interfere with any inspection conducted pursuant to this division or to the rules adopted pursuant to sections 3301.52 to 3301.59 of the Revised Code. Upon receipt of any complaint that a preschool program or a licensed school child program is out of compliance with the requirements in sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections, the department of children and youth shall investigate and may inspect the program. If the complaint is related to a teacher, the department shall coordinate with the department of education to investigate and take action on a teacher's license.
(D) If a preschool program or a licensed school child program is determined to be out of compliance with the requirements of sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections, the department of children and youth shall notify the appropriate superintendent, county board of developmental disabilities, community school, authorized private before and after school care program, or eligible nonpublic school in writing regarding the nature of the violation, what must be done to correct the violation, and by what date the correction must be made. If the correction is not made by the date established by the department, it may commence action under Chapter 119. of the Revised Code to close the program or to revoke the license of the program. If a program does not comply with an order to cease operation issued in accordance with Chapter 119. of the Revised Code, the department shall notify the attorney general, the prosecuting attorney of the county in which the program is located, or the city attorney, village solicitor, or other chief legal officer of the municipal corporation in which the program is located that the program is operating in violation of sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections and in violation of an order to cease operation issued in accordance with Chapter 119. of the Revised Code. Upon receipt of the notification, the attorney general, prosecuting attorney, city attorney, village solicitor, or other chief legal officer shall file a complaint in the court of common pleas of the county in which the program is located requesting the court to issue an order enjoining the program from operating. The court shall grant the requested injunctive relief upon a showing that the program named in the complaint is operating in violation of sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections and in violation of an order to cease operation issued in accordance with Chapter 119. of the Revised Code.(E) The department of education and workforce and department of children and youthshall prepare an annual report on inspections conducted under this section. The report shall include the number of inspections conducted, the number and types of violations found, and the steps taken to address the violations. The departments shall file the report with the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives on or before the first day of January of each year.Amended by 135th General Assembly, HB 33,§130.12, eff. 1/1/2025.Amended by 135th General Assembly, HB 33,§130.100, eff. 10/3/2023.Amended by 135th General Assembly, HB 33,§101.01, eff. 10/3/2023.Amended by 131st General Assembly, HB 158,§1, eff. 10/12/2016.Amended by 131st General Assembly, HB 64,§101.01, eff. 9/29/2015.Amended by 128th General Assembly, HB 1, §101.01, eff. 7/17/2009.Amended by 128th General Assemblych., SB 79, §1, eff. 10/6/2009.Effective Date: 09-01-2003 .This section is set out more than once due to postponed, multiple, or conflicting amendments.