As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 396 5
1997-1998 6
REPRESENTATIVES MEAD-GARDNER-REID-TIBERI-SCHULER-JONES- 8
GARCIA-THOMAS-COLONNA-CORBIN-PRINGLE-O'BRIEN 8/1
11
A B I L L
To amend sections 3313.61 and 3325.08 of the Revised 13
Code to permit the "home" school districts of 14
students receiving high school diplomas from the 15
State School for the Blind or State School for 16
the Deaf also to grant these students high school 17
diplomas. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3313.61 and 3325.08 of the 22
Revised Code be amended to read as follows: 23
Sec. 3313.61. (A) A diploma shall be granted by the board 31
of education of any city, exempted village, or local school 32
district that operates a high school to any person to whom all of 33
the following apply: 34
(1) The person has successfully completed the curriculum 36
in any high school or the individualized education program 37
developed for the person by any high school pursuant to section 38
3323.08 of the Revised Code; 39
(2) The person has attained at least the applicable scores 41
designated under division (B) of section 3301.0710 of the Revised 42
Code on all the tests required by that division unless the person 43
was excused from taking any such test pursuant to division (C)(1) 44
of section 3301.0711 or section 3313.532 of the Revised Code or 45
unless division (H) of this section applies to the person; 46
(3) The person is not eligible to receive an honors 48
diploma granted pursuant to division (B) of this section. 49
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No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF 52
THIS SECTION, NO diploma shall be granted under this division to 53
anyone except as provided under this division. 54
(B) In lieu of a diploma granted under division (A) of 56
this section, an honors diploma shall be granted, in accordance 57
with rules of the state board of education, by any such district 58
board to anyone who successfully completes the curriculum in any 59
high school or the individualized education program developed for 60
the person by any high school pursuant to section 3323.08 of the 61
Revised Code, who has attained at least the applicable scores 62
designated under division (B) of section 3301.0710 of the Revised 63
Code on all the tests required by that division, and who has met 64
additional criteria established by the state board for the 65
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION 67
(J) OF THIS SECTION, NO honors diploma shall be granted to anyone 68
failing to comply with this division and no more than one honors 69
diploma shall be granted to any student under this division. 70
The state board shall adopt rules prescribing the granting 72
of honors diplomas under this division. These rules may 73
prescribe the granting of honors diplomas that recognize a 74
student's achievement as a whole or that recognize a student's 75
achievement in one or more specific subjects or both. In any 76
case, the rules shall designate two or more criteria for the 77
granting of each type of honors diploma the board establishes 78
under this division and the number of such criteria that must be 79
met for the granting of that type of diploma. The number of such 80
criteria for any type of honors diploma shall be at least one 81
less than the total number of criteria designated for that type 82
and no one or more particular criteria shall be required of all 83
persons who are to be granted that type of diploma. 84
(C) Any such district board administering any of the tests 86
required by section 3301.0710 of the Revised Code to any person 87
requesting to take such test pursuant to division (B)(4)(b) of 88
section 3301.0711 of the Revised Code shall award a diploma to 89
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such person if he THE PERSON attains at least the applicable 90
scores designated under division (B) of section 3301.0710 of the 92
Revised Code on all the tests administered and if he THE PERSON 93
has previously attained the applicable scores on all the other 95
tests required by division (B) of that section or has been 96
exempted or excused from any such test pursuant to division (H) 97
of this section or division (C)(1) of section 3301.0711 or 98
section 3313.532 of the Revised Code. 99
(D) Each diploma awarded under this section shall be 101
signed by the president and treasurer of the issuing board, the 102
superintendent of schools, and the principal of the high school. 103
Each diploma shall bear the date of its issue, be in such form as 104
the district board prescribes, and be paid for out of the 105
district's general fund. 106
(E) A person who is a resident of Ohio and is eligible 108
under state board of education minimum standards to receive a 109
high school diploma based in whole or in part on credits earned 110
while an inmate of a correctional institution operated by the 111
state or any political subdivision thereof, shall be granted such 112
diploma by the correctional institution operating the programs in 113
which such credits were earned, and by the board of education of 114
the school district in which the inmate resided immediately prior 115
to his THE INMATE'S placement in the institution. The diploma 116
granted by the correctional institution shall be signed by the 118
director of the institution, and by the person serving as 119
principal of the institution's high school and shall bear the 120
date of issue.
(F) Persons who are not residents of Ohio but who are 122
inmates of correctional institutions operated by the state or any 123
political subdivision thereof, and who are eligible under state 124
board of education minimum standards to receive a high school 125
diploma based in whole or in part on credits earned while an 126
inmate of the correctional institution, shall be granted a 127
diploma by the correctional institution offering the program in 128
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which the credits were earned. The diploma granted by the 129
correctional institution shall be signed by the director of the 130
institution and by the person serving as principal of the 131
institution's high school and shall bear the date of issue. 132
(G) The state board of education shall provide by rule for 134
the administration of the tests required by section 3301.0710 of 135
the Revised Code to inmates of correctional institutions. 136
(H) Any person to whom all of the following apply shall be 138
exempted from attaining the applicable score on the test in 139
citizenship designated under division (B) of section 3301.0710 of 140
the Revised Code: 141
(1) The person is not a citizen of the United States; 143
(2) The person is not a permanent resident of the United 145
States; 146
(3) The person indicates he does not intend NO INTENTION 148
to reside in the United States after the completion of high 149
school.
(I) Notwithstanding division (D) of section 3311.19 and 151
division (D) of section 3311.52 of the Revised Code, this section 152
and section 3311.611 of the Revised Code do not apply to the 153
board of education of any joint vocational school district or any 154
cooperative education school district established pursuant to 155
divisions (A) to (C) of section 3311.52 of the Revised Code. 156
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 159
3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA 160
UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE 161
MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE 162
STUDENT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE 163
SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION
3325.08 OF THE REVISED CODE. 164
Sec. 3325.08. (A) A diploma shall be granted by the 173
superintendent of the state school for the blind and the 174
superintendent of the state school for the deaf to any student 175
enrolled in one of these state schools to whom all of the 176
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following apply: 177
(1) The student has successfully completed the 179
individualized education program developed for him THE STUDENT 180
for his THE STUDENT'S high school education pursuant to section 181
3323.08 of the Revised Code; 182
(2) The student has attained at least the applicable 184
scores designated under division (B) of section 3301.0710 of the 185
Revised Code on all the tests prescribed by that division unless 186
the student was excused from taking any such test pursuant to 187
division (L)(3) of section 3301.0711 of the Revised Code; 188
(3) The student is not eligible to receive an honors 190
diploma granted pursuant to division (B) of this section. 191
No diploma shall be granted under this division to anyone 193
except as provided under this division. 194
(B) In lieu of a diploma granted under division (A) of 196
this section, the superintendent of the state school for the 197
blind and the superintendent of the state school for the deaf 198
shall grant an honors diploma, in the same manner that the boards 199
of education of school districts grant such diplomas under 200
division (B) of section 3313.61 of the Revised Code, to any 201
student enrolled in one of these state schools who successfully 202
completes the individualized education program developed for him 203
THE STUDENT for his THE STUDENT'S high school education pursuant 205
to section 3323.08 of the Revised Code, who has attained at least
the applicable scores designated under division (B) of section 207
3301.0710 of the Revised Code on all the tests prescribed under 208
that division, and who has met additional criteria for granting 209
such a diploma. These additional criteria shall be the same as 210
those prescribed by the state board under division (B) of section 211
3313.61 of the Revised Code for the granting of such diplomas by 212
school districts. No honors diploma shall be granted to anyone 213
failing to comply with this division and not more than one honors 214
diploma shall be granted to any student under this division. 215
(C) A diploma or honors diploma awarded under this section 217
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shall be signed by the superintendent of public instruction and 218
the superintendent of the state school for the blind or the 219
superintendent of the state school for the deaf, as applicable. 220
Each diploma shall bear the date of its issue and be in such form 221
as the school superintendent prescribes. 222
(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS 224
SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE 225
STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE 226
DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE 227
THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 228
3313.65 OF THE REVISED CODE WHEN NOT RESIDING AT THE STATE SCHOOL 229
FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL
INDICATE THE TYPE OF DIPLOMA GRANTED. 230
Section 2. That existing sections 3313.61 and 3325.08 of 232
the Revised Code are hereby repealed. 233
Section 3. Section 3313.61 of the Revised Code is 235
presented in this act as a composite of the section as amended by 236
both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General 238
Assembly, with the new language of neither of the acts shown in 239
capital letters. This is in recognition of the principle stated 240
in division (B) of section 1.52 of the Revised Code that such 241
amendments are to be harmonized where not substantively 242
irreconcilable and constitutes a legislative finding that such is 243
the resulting version in effect prior to the effective date of 244
this act.