SB 50 — Regards age and schooling certificates, minor work hours

As(136th PassedGeneralAssembly) by(Senate Bill Number 50) ANACT To amend sections 3331.02 and 4109.07 of the SenateRevised 136thCode Generalregarding Assemblyage Regularand Sessionschooling S.certificate requirements and work hours for a person under sixteen years of age.

B.Be it enacted by the General Assembly of the State of Ohio:

No.SECTION 1.

50That 2025-2026sections Senator3331.02 Schafferand Cosponsors:4109.07 of the Revised Code be amended to read as follows:

SenatorsSec. Reineke, Lang, Wilkin, Huffman, Brenner, Cirino, Gavarone, Johnson, Koehler, Landis, O'Brien, Patton, Reynolds, Roegner, Romanchuk, Wilson A BILL To amend sections 3331.02 and 4109.07 of the 1 Revised Code regarding age and schooling 2 certificate requirements and work hours for a 3 person under sixteen years of age.

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

Section 1.

That sections 3331.02 and 4109.07 of the 5 Revised Code be amended to read as follows:

6 Sec.

(A) The superintendent of schools or the 7 chief administrative officer, as appropriate pursuant to section 8 3331.01 of the Revised Code, shall not issue an age and 9 schooling certificate until the superintendent or chief 10 administrative officer has received, examined, approved, and 11 filed the following papers duly executed:

12 (1) The written pledge or promise of the person, 13 partnership, or corporation to legally employ the child, and for 14 this purpose work performed by a minor, directly and exclusively 15 for the benefit of such minor's parent, in the farm home or on 16the S.farm of such parent is legal employment, irrespective of any contract of employment, or the absence thereof, to permit the child to attend school as provided in section 3321.08 of the Revised Code, and give notice of the nonuse of an age and schooling certificate within five days from the date of the child's withdrawal or dismissal from the service of that person, partnership, or corporation, giving the reasons for such withdrawal or dismissal;

(2) The child's school record or notification.

As used in this division, a "school record" means documents properly filled out and signed by the person in charge of the school which the child last attended, giving the recorded age of the child, the child's address, standing in studies, rating in conduct, and attendance in days during the school year of the child's last attendance;

"notification" means the information submitted to the superintendent by the parent of a child exempt from attendance at school pursuant to section 3321.042 of the Revised Code.

(3) Evidence of the age of the child as follows:

(a) A certified copy of an original birth record or a certification of birth, issued in accordance with Chapter 3705.

of the Revised Code, or by an officer charged with the duty of recording births in another state or country, shall be conclusive evidence of the age of the child;

(b) In the absence of such birth record or certification of birth, a passport, or duly attested transcript thereof, showing the date and place of birth of the child, filed with a register of passports at a port of entry of the United States;

or an attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of the child, shall be conclusive evidence S.

50 Page136th 2G.A. As Passed by the Senate the farm of such parent is legal employment, irrespective of any 17 contract of employment, or the absence thereof, to permit the 18 child to attend school as provided in section 3321.08 of the 19 Revised Code, and give notice of the nonuse of an age and 20 schooling certificate within five days from the date of the 21 child's withdrawal or dismissal from the service of that person, 22 partnership, or corporation, giving the reasons for such 23 withdrawal or dismissal;

24of (2)the Theage child'sof schoolthe recordchild; or notification.

As(c) usedIn incase 25none thisof division,the aabove "schoolproofs record"of meansage documentscan properlybe filledproduced, 26other outdocumentary andevidence, signedexcept by the personaffidavit in charge of the schoolparent, whichguardian, theor 27custodian, childsatisfactory lastto attended, giving the recordedsuperintendent ageor ofchief theadministrative child,officer themay 28be child'saccepted address, standing in studies,lieu ratingthereof; in conduct, and 29 attendance in days during the school year of the child's last 30 attendance;

"notification"(d) meansIn thecase informationno submitteddocumentary toproof 31of age can be procured, the superintendent or chief administrative officer may receive and file an application signed by the parentparent, guardian, or custodian of athe child exemptthat froma 32medical attendancecertificate atbe schoolsecured pursuantto establish the sufficiency of the age of the child, which application shall state the alleged age of the child, the place and date of birth, the child's present residence, and such further facts as may be of assistance in determining the age of the child, and shall certify that the person signing the application is unable to sectionobtain 3321.042any of the Reviseddocumentary 33proofs Code.specified in divisions (A)(3)(a), (b), and (c) of this section;

34and (3)if Evidencethe superintendent or chief administrative officer is satisfied that a reasonable effort to procure such documentary proof has been without success such application shall be granted and the certificate of the ageschool physician or if there be none, of a physician, a physician assistant, a clinical nurse specialist, or a certified nurse practitioner employed by the board of education, that said physician, physician assistant, clinical nurse specialist, or certified nurse practitioner is satisfied that the child is above the age required for an age and schooling certificate as follows:stated in section 3331.01 of the Revised Code, shall be accepted as sufficient evidence of age.

35(4) (a) A certifiedcertificate, copyincluding of an originalathletic birthcertificate recordof orexamination, from a 36physician certificationlicensed ofpursuant birth,to issued in accordance with Chapter 3705.4731.

37 of the Revised Code, a physician assistant, a clinical nurse specialist, or bya ancertified officernurse chargedpractitioner, withor from the dutydistrict ofhealth 38commissioner, recordingshowing birthsafter ina anotherthorough stateexamination orthat country,the shallchild is physically fit to be 39employed conclusivein evidencesuch ofoccupations theas ageare ofnot prohibited by law for a boy or girl, as the child;case may be, under eighteen years of age;

40but (b)a Incertificate thewith absence"limited" ofwritten, printed, marked, or stamped thereon may be furnished by such birthphysician, recordphysician assistant, clinical nurse specialist, or certificationcertified 41nurse ofpractitioner birth,and aaccepted passport,by the superintendent or dulychief attestedadministrative transcriptofficer thereof,in 42issuing showinga the"limited" dateage and placeschooling ofcertificate birthprovided in section 3331.06 of the child,Revised filedCode, withshowing athat 43the registerchild ofis passportsphysically atfit to be employed in some particular occupation not prohibited by law for a portboy ofor entrygirl of such child's age, as the Unitedcase States;may be, even if the child's complete physical ability to engage in such occupation cannot be vouched for.

44(5) orA anminor attestedwork transcripthour ofnotification theform certificatedescribed ofin birthdivision or(D) baptismof 45this orsection otherthat religiousis record,signed showingby the datechild's andparent placeor oflegal birthguardian. 46 S.

(B)(1) Except as provided in division (B)(2) of this section, a physical fitness certificate described in division (A)(4) of this section is valid for purposes of that division while the child remains employed in job duties of a similar nature as the job duties for which the child last was issued an age and schooling certificate.

The superintendent or chief administrative officer who issues an age and schooling certificate shall determine whether job duties are similar for purposes of this division.

S.

50 Page136th 3G.A. As Passed by the Senate of the child, shall be conclusive evidence of the age of the 47 child;

48(2) (c)A In"limited" casephysical nonefitness ofcertificate thedescribed abovein proofsdivision of(A)(4) age can be 49 produced, other documentary evidence, except the affidavit of 50this thesection parent,is guardian,valid orfor custodian,one satisfactoryyear. to the 51 superintendent or chief administrative officer may be accepted 52 in lieu thereof;

53(C) (d)The Insuperintendent case no documentary proof of ageschools canor be procured, 54 the superintendent or chief administrative officer mayshall receiverequire 55a and file an application signed by the parent, guardian, or 56 custodian of the child thatwho aresides medicalout certificate be secured to 57 establish the sufficiency of thethis age of the child, which 58 application shall state the alleged age of the child, the place 59 and date of birth, the child's present residence, and such 60 further facts as may be of assistance in determining the age of 61 the child, and shall certify that the person signing the 62 application is unable to obtainfile anyall of the documentaryinformation proofsrequired 63under specifieddivision in(A) divisions (A)(3)(a), (b), and (c) of this section;section.

64The andsuperintendent ifof theschools superintendent or the chief administrative officer is 65 satisfied that a reasonable effort to procure such documentary 66 proof has been without success such application shall beevaluate granted 67 and the certificateinformation offiled theand schooldetermine physicianwhether orto ifissue there be none, 68 of a physician, a physician assistant, a clinical nurse 69 specialist, or a certified nurse practitioner employed by the 70 board of education, that said physician, physician assistant, 71 clinical nurse specialist, or certified nurse practitioner is 72 satisfied that the child is above the age required for an age 73 and schooling certificate asusing statedthe insame sectionstandards 3331.01as ofthose the 74superintendent Revisedor Code,officer shalluses befor acceptedin-state aschildren. sufficient evidence of age.

75(D) (4)The Adirector certificate,of includingcommerce anshall athleticcreate, certificateand make available to the public, a minor work hour notification form that provides notice of 76the S.hours a minor may work in accordance with section 4109.07 of the Revised Code.

B.The director shall include on the form a space for a child's parent or legal guardian to provide a signature.

No.By signing the form, the parent or guardian acknowledges that the parent or guardian has received notice of the information on the form.

50Sec. Page 4 As Passed by the Senate examination, from a physician licensed pursuant to Chapter 4731.

77 of the Revised Code, a physician assistant, a clinical nurse 78 specialist, or a certified nurse practitioner, or from the 79 district health commissioner, showing after a thorough 80 examination that the child is physically fit to be employed in 81 such occupations as are not prohibited by law for a boy or girl, 82 as the case may be, under eighteen years of age;