As Reported by the House Education Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 396 5
1997-1998 6
REPRESENTATIVES MEAD-GARDNER-REID-TIBERI-SCHULER-JONES-GARCIA- 8
THOMAS-COLONNA-CORBIN-PRINGLE-O'BRIEN-TAVARES-BRADING- 9
ROMAN-HARRIS-WINKLER-BENDER-OLMAN-FOX 10
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A B I L L
To amend sections 3313.61 and 3325.08 of the Revised 14
Code to permit the "home" school districts of 15
students receiving high school diplomas from the 16
State School for the Blind or State School for 17
the Deaf also to grant these students high school 18
diplomas and to require "home" districts to grant 19
a diploma to such a student if they meet the 21
graduation requirements of the district. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 3313.61 and 3325.08 of the 26
Revised Code be amended to read as follows: 27
Sec. 3313.61. (A) A diploma shall be granted by the board 35
of education of any city, exempted village, or local school 36
district that operates a high school to any person to whom all of 37
the following apply: 38
(1) The person has successfully completed the curriculum 40
in any high school or the individualized education program 41
developed for the person by any high school pursuant to section 42
3323.08 of the Revised Code; 43
(2) The person has attained at least the applicable scores 45
designated under division (B) of section 3301.0710 of the Revised 46
Code on all the tests required by that division unless the person 47
was excused from taking any such test pursuant to division (C)(1) 48
of section 3301.0711 or section 3313.532 of the Revised Code or 49
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unless division (H) of this section applies to the person; 50
(3) The person is not eligible to receive an honors 52
diploma granted pursuant to division (B) of this section. 53
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF 56
THIS SECTION, NO diploma shall be granted under this division to 57
anyone except as provided under this division. 58
(B) In lieu of a diploma granted under division (A) of 60
this section, an honors diploma shall be granted, in accordance 61
with rules of the state board of education, by any such district 62
board to anyone who successfully completes the curriculum in any 63
high school or the individualized education program developed for 64
the person by any high school pursuant to section 3323.08 of the 65
Revised Code, who has attained at least the applicable scores 66
designated under division (B) of section 3301.0710 of the Revised 67
Code on all the tests required by that division, and who has met 68
additional criteria established by the state board for the 69
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION 71
(J) OF THIS SECTION, NO honors diploma shall be granted to anyone 72
failing to comply with this division and no more than one honors 73
diploma shall be granted to any student under this division. 74
The state board shall adopt rules prescribing the granting 76
of honors diplomas under this division. These rules may 77
prescribe the granting of honors diplomas that recognize a 78
student's achievement as a whole or that recognize a student's 79
achievement in one or more specific subjects or both. In any 80
case, the rules shall designate two or more criteria for the 81
granting of each type of honors diploma the board establishes 82
under this division and the number of such criteria that must be 83
met for the granting of that type of diploma. The number of such 84
criteria for any type of honors diploma shall be at least one 85
less than the total number of criteria designated for that type 86
and no one or more particular criteria shall be required of all 87
persons who are to be granted that type of diploma. 88
(C) Any such district board administering any of the tests 90
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required by section 3301.0710 of the Revised Code to any person 91
requesting to take such test pursuant to division (B)(4)(b) of 92
section 3301.0711 of the Revised Code shall award a diploma to 93
such person if he THE PERSON attains at least the applicable 94
scores designated under division (B) of section 3301.0710 of the 96
Revised Code on all the tests administered and if he THE PERSON 97
has previously attained the applicable scores on all the other 99
tests required by division (B) of that section or has been 100
exempted or excused from any such test pursuant to division (H) 101
of this section or division (C)(1) of section 3301.0711 or 102
section 3313.532 of the Revised Code. 103
(D) Each diploma awarded under this section shall be 105
signed by the president and treasurer of the issuing board, the 106
superintendent of schools, and the principal of the high school. 107
Each diploma shall bear the date of its issue, be in such form as 108
the district board prescribes, and be paid for out of the 109
district's general fund. 110
(E) A person who is a resident of Ohio and is eligible 112
under state board of education minimum standards to receive a 113
high school diploma based in whole or in part on credits earned 114
while an inmate of a correctional institution operated by the 115
state or any political subdivision thereof, shall be granted such 116
diploma by the correctional institution operating the programs in 117
which such credits were earned, and by the board of education of 118
the school district in which the inmate resided immediately prior 119
to his THE INMATE'S placement in the institution. The diploma 120
granted by the correctional institution shall be signed by the 122
director of the institution, and by the person serving as 123
principal of the institution's high school and shall bear the 124
date of issue.
(F) Persons who are not residents of Ohio but who are 126
inmates of correctional institutions operated by the state or any 127
political subdivision thereof, and who are eligible under state 128
board of education minimum standards to receive a high school 129
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diploma based in whole or in part on credits earned while an 130
inmate of the correctional institution, shall be granted a 131
diploma by the correctional institution offering the program in 132
which the credits were earned. The diploma granted by the 133
correctional institution shall be signed by the director of the 134
institution and by the person serving as principal of the 135
institution's high school and shall bear the date of issue. 136
(G) The state board of education shall provide by rule for 138
the administration of the tests required by section 3301.0710 of 139
the Revised Code to inmates of correctional institutions. 140
(H) Any person to whom all of the following apply shall be 142
exempted from attaining the applicable score on the test in 143
citizenship designated under division (B) of section 3301.0710 of 144
the Revised Code: 145
(1) The person is not a citizen of the United States; 147
(2) The person is not a permanent resident of the United 149
States; 150
(3) The person indicates he does not intend NO INTENTION 152
to reside in the United States after the completion of high 153
school.
(I) Notwithstanding division (D) of section 3311.19 and 155
division (D) of section 3311.52 of the Revised Code, this section 156
and section 3311.611 of the Revised Code do not apply to the 157
board of education of any joint vocational school district or any 158
cooperative education school district established pursuant to 159
divisions (A) to (C) of section 3311.52 of the Revised Code. 160
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 163
3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA 164
UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE 165
MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE 166
STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA 167
IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE 168
DISTRICT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE 170
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SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION
3325.08 OF THE REVISED CODE. 171
Sec. 3325.08. (A) A diploma shall be granted by the 180
superintendent of the state school for the blind and the 181
superintendent of the state school for the deaf to any student 182
enrolled in one of these state schools to whom all of the 183
following apply: 184
(1) The student has successfully completed the 186
individualized education program developed for him THE STUDENT 187
for his THE STUDENT'S high school education pursuant to section 188
3323.08 of the Revised Code; 189
(2) The student has attained at least the applicable 191
scores designated under division (B) of section 3301.0710 of the 192
Revised Code on all the tests prescribed by that division unless 193
the student was excused from taking any such test pursuant to 194
division (L)(3) of section 3301.0711 of the Revised Code; 195
(3) The student is not eligible to receive an honors 197
diploma granted pursuant to division (B) of this section. 198
No diploma shall be granted under this division to anyone 200
except as provided under this division. 201
(B) In lieu of a diploma granted under division (A) of 203
this section, the superintendent of the state school for the 204
blind and the superintendent of the state school for the deaf 205
shall grant an honors diploma, in the same manner that the boards 206
of education of school districts grant such diplomas under 207
division (B) of section 3313.61 of the Revised Code, to any 208
student enrolled in one of these state schools who successfully 209
completes the individualized education program developed for him 210
THE STUDENT for his THE STUDENT'S high school education pursuant 212
to section 3323.08 of the Revised Code, who has attained at least
the applicable scores designated under division (B) of section 214
3301.0710 of the Revised Code on all the tests prescribed under 215
that division, and who has met additional criteria for granting 216
such a diploma. These additional criteria shall be the same as 217
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those prescribed by the state board under division (B) of section 218
3313.61 of the Revised Code for the granting of such diplomas by 219
school districts. No honors diploma shall be granted to anyone 220
failing to comply with this division and not more than one honors 221
diploma shall be granted to any student under this division. 222
(C) A diploma or honors diploma awarded under this section 224
shall be signed by the superintendent of public instruction and 225
the superintendent of the state school for the blind or the 226
superintendent of the state school for the deaf, as applicable. 227
Each diploma shall bear the date of its issue and be in such form 228
as the school superintendent prescribes. 229
(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS 231
SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE 232
STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE 233
DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE 234
THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 235
3313.65 OF THE REVISED CODE WHEN NOT RESIDING AT THE STATE SCHOOL 236
FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL
INDICATE THE TYPE OF DIPLOMA GRANTED. 237
Section 2. That existing sections 3313.61 and 3325.08 of 239
the Revised Code are hereby repealed. 240
Section 3. Section 3313.61 of the Revised Code is 242
presented in this act as a composite of the section as amended by 243
both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General 245
Assembly, with the new language of neither of the acts shown in 246
capital letters. This is in recognition of the principle stated 247
in division (B) of section 1.52 of the Revised Code that such 248
amendments are to be harmonized where not substantively 249
irreconcilable and constitutes a legislative finding that such is 250
the resulting version in effect prior to the effective date of 251
this act.