As Passed by the House 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-LUCAS-PATTON-LEWIS- 10
AMSTUTZ-OPFER-VESPER-JOHNSON-MOTTL-WHALEN-SALERNO-MOTTLEY- 11
BOYD-MAIER-HAINES-PERZ-TERWILLEGER-OGG-KREBS-HOUSEHOLDER 12
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A B I L L
To amend sections 3313.61 and 3325.08 of the Revised 16
Code to permit the "home" school districts of 17
students receiving high school diplomas from the 18
State School for the Blind or State School for 19
the Deaf also to grant these students high school 20
diplomas and to require "home" districts to grant 21
a diploma to such a student if they meet the 23
graduation requirements of the district. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 3313.61 and 3325.08 of the 28
Revised Code be amended to read as follows: 29
Sec. 3313.61. (A) A diploma shall be granted by the board 37
of education of any city, exempted village, or local school 38
district that operates a high school to any person to whom all of 39
the following apply: 40
(1) The person has successfully completed the curriculum 42
in any high school or the individualized education program 43
developed for the person by any high school pursuant to section 44
3323.08 of the Revised Code; 45
(2) The person has attained at least the applicable scores 47
designated under division (B) of section 3301.0710 of the Revised 48
Code on all the tests required by that division unless the person 49
2
was excused from taking any such test pursuant to division (C)(1) 50
of section 3301.0711 or section 3313.532 of the Revised Code or 51
unless division (H) of this section applies to the person; 52
(3) The person is not eligible to receive an honors 54
diploma granted pursuant to division (B) of this section. 55
No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF 58
THIS SECTION, NO diploma shall be granted under this division to 59
anyone except as provided under this division. 60
(B) In lieu of a diploma granted under division (A) of 62
this section, an honors diploma shall be granted, in accordance 63
with rules of the state board of education, by any such district 64
board to anyone who successfully completes the curriculum in any 65
high school or the individualized education program developed for 66
the person by any high school pursuant to section 3323.08 of the 67
Revised Code, who has attained at least the applicable scores 68
designated under division (B) of section 3301.0710 of the Revised 69
Code on all the tests required by that division, and who has met 70
additional criteria established by the state board for the 71
granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION 73
(J) OF THIS SECTION, NO honors diploma shall be granted to anyone 74
failing to comply with this division and no more than one honors 75
diploma shall be granted to any student under this division. 76
The state board shall adopt rules prescribing the granting 78
of honors diplomas under this division. These rules may 79
prescribe the granting of honors diplomas that recognize a 80
student's achievement as a whole or that recognize a student's 81
achievement in one or more specific subjects or both. In any 82
case, the rules shall designate two or more criteria for the 83
granting of each type of honors diploma the board establishes 84
under this division and the number of such criteria that must be 85
met for the granting of that type of diploma. The number of such 86
criteria for any type of honors diploma shall be at least one 87
less than the total number of criteria designated for that type 88
and no one or more particular criteria shall be required of all 89
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persons who are to be granted that type of diploma. 90
(C) Any such district board administering any of the tests 92
required by section 3301.0710 of the Revised Code to any person 93
requesting to take such test pursuant to division (B)(4)(b) of 94
section 3301.0711 of the Revised Code shall award a diploma to 95
such person if he THE PERSON attains at least the applicable 96
scores designated under division (B) of section 3301.0710 of the 98
Revised Code on all the tests administered and if he THE PERSON 99
has previously attained the applicable scores on all the other 101
tests required by division (B) of that section or has been 102
exempted or excused from any such test pursuant to division (H) 103
of this section or division (C)(1) of section 3301.0711 or 104
section 3313.532 of the Revised Code. 105
(D) Each diploma awarded under this section shall be 107
signed by the president and treasurer of the issuing board, the 108
superintendent of schools, and the principal of the high school. 109
Each diploma shall bear the date of its issue, be in such form as 110
the district board prescribes, and be paid for out of the 111
district's general fund. 112
(E) A person who is a resident of Ohio and is eligible 114
under state board of education minimum standards to receive a 115
high school diploma based in whole or in part on credits earned 116
while an inmate of a correctional institution operated by the 117
state or any political subdivision thereof, shall be granted such 118
diploma by the correctional institution operating the programs in 119
which such credits were earned, and by the board of education of 120
the school district in which the inmate resided immediately prior 121
to his THE INMATE'S placement in the institution. The diploma 122
granted by the correctional institution shall be signed by the 124
director of the institution, and by the person serving as 125
principal of the institution's high school and shall bear the 126
date of issue.
(F) Persons who are not residents of Ohio but who are 128
inmates of correctional institutions operated by the state or any 129
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political subdivision thereof, and who are eligible under state 130
board of education minimum standards to receive a high school 131
diploma based in whole or in part on credits earned while an 132
inmate of the correctional institution, shall be granted a 133
diploma by the correctional institution offering the program in 134
which the credits were earned. The diploma granted by the 135
correctional institution shall be signed by the director of the 136
institution and by the person serving as principal of the 137
institution's high school and shall bear the date of issue. 138
(G) The state board of education shall provide by rule for 140
the administration of the tests required by section 3301.0710 of 141
the Revised Code to inmates of correctional institutions. 142
(H) Any person to whom all of the following apply shall be 144
exempted from attaining the applicable score on the test in 145
citizenship designated under division (B) of section 3301.0710 of 146
the Revised Code: 147
(1) The person is not a citizen of the United States; 149
(2) The person is not a permanent resident of the United 151
States; 152
(3) The person indicates he does not intend NO INTENTION 154
to reside in the United States after the completion of high 155
school.
(I) Notwithstanding division (D) of section 3311.19 and 157
division (D) of section 3311.52 of the Revised Code, this section 158
and section 3311.611 of the Revised Code do not apply to the 159
board of education of any joint vocational school district or any 160
cooperative education school district established pursuant to 161
divisions (A) to (C) of section 3311.52 of the Revised Code. 162
(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 165
3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA 166
UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE 167
MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE 168
STUDENT, EXCEPT THAT SUCH BOARD SHALL GRANT THE STUDENT A DIPLOMA 169
IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS THAT THE STUDENT
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WOULD OTHERWISE HAVE HAD TO MEET TO RECEIVE A DIPLOMA FROM THE 170
DISTRICT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE 172
SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION
3325.08 OF THE REVISED CODE. 173
Sec. 3325.08. (A) A diploma shall be granted by the 182
superintendent of the state school for the blind and the 183
superintendent of the state school for the deaf to any student 184
enrolled in one of these state schools to whom all of the 185
following apply: 186
(1) The student has successfully completed the 188
individualized education program developed for him THE STUDENT 189
for his THE STUDENT'S high school education pursuant to section 190
3323.08 of the Revised Code; 191
(2) The student has attained at least the applicable 193
scores designated under division (B) of section 3301.0710 of the 194
Revised Code on all the tests prescribed by that division unless 195
the student was excused from taking any such test pursuant to 196
division (L)(3) of section 3301.0711 of the Revised Code; 197
(3) The student is not eligible to receive an honors 199
diploma granted pursuant to division (B) of this section. 200
No diploma shall be granted under this division to anyone 202
except as provided under this division. 203
(B) In lieu of a diploma granted under division (A) of 205
this section, the superintendent of the state school for the 206
blind and the superintendent of the state school for the deaf 207
shall grant an honors diploma, in the same manner that the boards 208
of education of school districts grant such diplomas under 209
division (B) of section 3313.61 of the Revised Code, to any 210
student enrolled in one of these state schools who successfully 211
completes the individualized education program developed for him 212
THE STUDENT for his THE STUDENT'S high school education pursuant 214
to section 3323.08 of the Revised Code, who has attained at least
the applicable scores designated under division (B) of section 216
3301.0710 of the Revised Code on all the tests prescribed under 217
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that division, and who has met additional criteria for granting 218
such a diploma. These additional criteria shall be the same as 219
those prescribed by the state board under division (B) of section 220
3313.61 of the Revised Code for the granting of such diplomas by 221
school districts. No honors diploma shall be granted to anyone 222
failing to comply with this division and not more than one honors 223
diploma shall be granted to any student under this division. 224
(C) A diploma or honors diploma awarded under this section 226
shall be signed by the superintendent of public instruction and 227
the superintendent of the state school for the blind or the 228
superintendent of the state school for the deaf, as applicable. 229
Each diploma shall bear the date of its issue and be in such form 230
as the school superintendent prescribes. 231
(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS 233
SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE 234
STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE 235
DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE 236
THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 237
3313.65 OF THE REVISED CODE WHEN NOT RESIDING AT THE STATE SCHOOL 238
FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL
INDICATE THE TYPE OF DIPLOMA GRANTED. 239
Section 2. That existing sections 3313.61 and 3325.08 of 241
the Revised Code are hereby repealed. 242
Section 3. Section 3313.61 of the Revised Code is 244
presented in this act as a composite of the section as amended by 245
both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General 247
Assembly, with the new language of neither of the acts shown in 248
capital letters. This is in recognition of the principle stated 249
in division (B) of section 1.52 of the Revised Code that such 250
amendments are to be harmonized where not substantively 251
irreconcilable and constitutes a legislative finding that such is 252
the resulting version in effect prior to the effective date of 253
this act.