As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 121 5
1999-2000 6
REPRESENTATIVES GARDNER-ROMAN 8
_________________________________________________________________ 9
A B I L L
To amend sections 3313.64 and 3314.03 and to enact 11
sections 3313.716 and 3314.14 of the Revised Code 12
and to amend Section 50.52.5 of Am. Sub. H.B. 215 14
of the 122nd General Assembly, as subsequently 15
amended, and to amend Section 50.52.6 of Am. Sub.
H.B. 215 of the 122nd General Assembly to permit 16
students of school districts, community schools, 17
and chartered nonpublic schools to carry asthma 18
inhalers approved by the students' physicians and 19
parents, and to grant immunity to school
districts, community schools, and chartered 20
nonpublic schools and their employees for good 21
faith actions in connection with this permission. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 3313.64 and 3314.03 be amended 26
and sections 3313.716 and 3314.14 of the Revised Code be enacted 27
to read as follows: 28
Sec. 3313.64. (A) As used in this section and in section 37
3313.65 of the Revised Code: 38
(1) "Parent" means either parent, unless the parents are 40
separated or divorced or their marriage has been dissolved or 41
annulled, in which case "parent" means the parent who is the 42
residential parent and legal custodian of the child. When a 43
child is in the legal custody of a government agency or a person 44
other than the child's natural or adoptive parent, "parent" means 45
the parent with residual parental rights, privileges, and 46
2
responsibilities. When a child is in the permanent custody of a 47
government agency or a person other than the child's natural or 48
adoptive parent, "parent" means the parent who was divested of 49
parental rights and responsibilities for the care of the child 50
and the right to have the child live with the parent and be the 51
legal custodian of the child and all residual parental rights, 53
privileges, and responsibilities. 54
(2) "Legal custody," "permanent custody," and "residual 56
parental rights, privileges, and responsibilities" have the same 57
meanings as in section 2151.011 of the Revised Code. 58
(3) "School district" or "district" means a city, local, 60
or exempted village school district and excludes any school 61
operated in an institution maintained by the department of youth 62
services. 63
(4) Except as used in division (C)(2) of this section, 65
"home" means a home, institution, family foster home, group home, 66
or other residential facility in this state that receives and 67
cares for children, to which any of the following applies: 68
(a) The home is licensed, certified, or approved for such 70
purpose by the state or is maintained by the department of youth 71
services. 72
(b) The home is operated by a person who is licensed, 74
certified, or approved by the state to operate the home for such 75
purpose. 76
(c) The home accepted the child through a placement by a 78
person licensed, certified, or approved to place a child in such 79
a home by the state. 80
(d) The home is a children's home created under section 82
5153.21 or 5153.36 of the Revised Code. 83
(5) "Agency" means all of the following: 85
(a) A public children services agency; 87
(b) An organization that holds a certificate issued by the 89
Ohio department of human services in accordance with the 90
requirements of section 5103.03 of the Revised Code and assumes 91
3
temporary or permanent custody of children through commitment, 92
agreement, or surrender, and places children in family homes for 93
the purpose of adoption; 94
(c) Comparable agencies of other states or countries that 96
have complied with applicable requirements of section 2151.39, or 97
sections 5103.20 to 5103.28 of the Revised Code. 98
(6) A child is placed for adoption if either of the 100
following occurs: 101
(a) An agency to which the child has been permanently 103
committed or surrendered enters into an agreement with a person 104
pursuant to section 5103.06 of the Revised Code for the care and 105
adoption of the child. 106
(b) The child's natural parent places the child pursuant 108
to section 5103.16 of the Revised Code with a person who will 109
care for and adopt the child. 110
(7) "Handicapped preschool child" means a handicapped 112
child, as defined by division (A) of section 3323.01 of the 113
Revised Code, who is at least three years of age but is not of 114
compulsory school age, as defined in section 3321.01 of the 115
Revised Code, and who has not entered kindergarten. 116
(8) "Child," unless otherwise indicated, includes 118
handicapped preschool children. 119
(B) Except as otherwise provided in section 3321.01 of the 121
Revised Code for admittance to kindergarten and first grade, a 122
child who is at least five but under twenty-two years of age and 123
any handicapped preschool child shall be admitted to school as 124
provided in this division. 125
(1) A child shall be admitted to the schools of the school 127
district in which the child's parent resides. 128
(2) A child who does not reside in the district where the 131
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 133
applies:
(a) The child is in the legal or permanent custody of a 135
4
government agency or a person other than the child's natural or 137
adoptive parent. 138
(b) The child resides in a home. 140
(c) The child requires special education. 142
(3) A child who is not entitled under division (B)(2) of 144
this section to be admitted to the schools of the district where 145
the child resides and who is residing with a resident of this 146
state with whom the child has been placed for adoption shall be 148
admitted to the schools of the district where the child resides 150
unless either of the following applies: 151
(a) The placement for adoption has been terminated. 153
(b) Another school district is required to admit the child 155
under division (B)(1) of this section. 156
Division (B) of this section does not prohibit the board of 158
education of a school district from placing a handicapped child 159
who resides in the district in a special education program 160
outside of the district or its schools in compliance with Chapter 161
3323. of the Revised Code. 162
(C) A district shall not charge tuition for children 164
admitted under division (B)(1) or (3) of this section. If the 165
district admits a child under division (B)(2) of this section, 166
tuition shall be paid to the district that admits the child as 167
follows: 168
(1) If the child receives special education in accordance 170
with Chapter 3323. of the Revised Code, tuition shall be paid in 171
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 172
of the Revised Code regardless of who has custody of the child or 173
whether the child resides in a home. 174
(2) Except as otherwise provided in division (C)(2)(d) of 176
this section, if the child is in the permanent or legal custody 177
of a government agency or person other than the child's parent, 178
tuition shall be paid by: 179
(a) The district in which the child's parent resided at 181
the time the court removed the child from home or at the time the 183
5
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 184
(b) If the parent's residence at the time the court 186
removed the child from home or placed the child in the legal or 188
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 189
at the time the child was removed from home or placed in legal or 191
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 193
division (C)(2)(a) or (b) of this section, tuition shall be paid 194
by the district determined as required by section 2151.357 of the 195
Revised Code by the court at the time it vests custody of the 196
child in the person or government agency. 197
(d) If at the time the court removed the child from home 200
or vested legal or permanent custody of the child in the person 201
or government agency, whichever occurred first, one parent was in 202
a residential or correctional facility or a juvenile residential 203
placement and the other parent, if living and not in such a 204
facility or placement, was not known to reside in this state, 205
tuition shall be paid by the district determined under division 206
(D) of section 3313.65 of the Revised Code as the district 207
required to pay any tuition while the parent was in such facility 208
or placement.
(3) If the child is not in the permanent or legal custody 210
of a government agency or person other than the child's parent 212
and the child resides in a home, tuition shall be paid by one of 213
the following:
(a) The school district in which the child's parent 215
resides; 216
(b) If the child's parent is not a resident of this state, 218
the home in which the child resides. 219
(D) Tuition required to be paid under divisions (C)(2) and 221
(3)(a) of this section shall be computed in accordance with 222
section 3317.08 of the Revised Code. Tuition required to be paid 223
6
under division (C)(3)(b) of this section shall be computed in 224
accordance with section 3317.081 of the Revised Code. If a home 225
fails to pay the tuition required by division (C)(3)(b) of this 226
section, the board of education providing the education may 227
recover in a civil action the tuition and the expenses incurred 228
in prosecuting the action, including court costs and reasonable 229
attorney's fees. If the prosecuting attorney or city director of 230
law represents the board in such action, costs and reasonable 231
attorney's fees awarded by the court, based upon the prosecuting 232
attorney's, director's, or one of their designee's time spent 234
preparing and presenting the case, shall be deposited in the 235
county or city general fund. 236
(E) A board of education may enroll a child free of any 238
tuition obligation for a period not to exceed sixty days, on the 239
sworn statement of an adult resident of the district that the 240
resident has initiated legal proceedings for custody of the 242
child.
(F) In the case of any individual entitled to attend 244
school under this division, no tuition shall be charged by the 245
school district of attendance and no other school district shall 246
be required to pay tuition for the individual's attendance. 247
Notwithstanding division (B), (C), or (E) of this section: 248
(1) All persons at least eighteen but under twenty-two 250
years of age who live apart from their parents, support 251
themselves by their own labor, and have not successfully 252
completed the high school curriculum or the individualized 253
education program developed for the person by the high school 254
pursuant to section 3323.08 of the Revised Code, are entitled to 255
attend school in the district in which they reside. 256
(2) Any child under eighteen years of age who is married 258
is entitled to attend school in the child's district of 259
residence. 260
(3) A child is entitled to attend school in the district 262
in which either of the child's parents is employed if the child 264
7
has a medical condition that may require emergency medical 265
attention. The parent of a child entitled to attend school under 266
division (F)(3) of this section shall submit to the board of 267
education of the district in which the parent is employed a 268
statement from the child's physician certifying that the child's 269
medical condition may require emergency medical attention. The 270
statement shall be supported by such other evidence as the board 271
may require.
(4) Any child residing with a person other than the 273
child's parent is entitled, for a period not to exceed twelve 275
months, to attend school in the district in which that person 276
resides if the child's parent files an affidavit with the 277
superintendent of the district in which the person with whom the 278
child is living resides stating all of the following: 279
(a) That the parent is serving outside of the state in the 281
armed services of the United States; 282
(b) That the parent intends to reside in the district upon 284
returning to this state; 285
(c) The name and address of the person with whom the child 287
is living while the parent is outside the state. 288
(5) Any child under the age of twenty-two years who, after 290
the death of a parent, resides in a school district other than 291
the district in which the child attended school at the time of 292
the parent's death is entitled to continue to attend school in 293
the district in which the child attended school at the time of 294
the parent's death for the remainder of the school year, subject 295
to approval of that district board. 296
(6) A child under the age of twenty-two years who resides 298
with a parent who is having a new house built in a school 299
district outside the district where the parent is residing is 300
entitled to attend school for a period of time in the district 301
where the new house is being built. In order to be entitled to 302
such attendance, the parent shall provide the district 303
superintendent with the following: 304
8
(a) A sworn statement explaining the situation, revealing 306
the location of the house being built, and stating the parent's 307
intention to reside there upon its completion; 308
(b) A statement from the builder confirming that a new 310
house is being built for the parent and that the house is at the 311
location indicated in the parent's statement. 312
(7) A child under the age of twenty-two years residing 314
with a parent who has a contract to purchase a house in a school 315
district outside the district where the parent is residing and 316
who is waiting upon the date of closing of the mortgage loan for 317
the purchase of such house is entitled to attend school for a 318
period of time in the district where the house is being 319
purchased. In order to be entitled to such attendance, the 320
parent shall provide the district superintendent with the 321
following: 322
(a) A sworn statement explaining the situation, revealing 324
the location of the house being purchased, and stating the 325
parent's intent to reside there; 326
(b) A statement from a real estate broker or bank officer 328
confirming that the parent has a contract to purchase the house, 329
that the parent is waiting upon the date of closing of the 330
mortgage loan, and that the house is at the location indicated in 331
the parent's statement. 332
The district superintendent shall establish a period of 334
time not to exceed ninety days during which the child entitled to 335
attend school under division (F)(6) or (7) of this section may 336
attend without tuition obligation. A student attending a school 337
under division (F)(6) or (7) of this section shall be eligible to 338
participate in interscholastic athletics under the auspices of 339
that school, provided the board of education of the school 340
district where the student's parent resides, by a formal action, 341
releases the student to participate in interscholastic athletics 342
at the school where the student is attending, and provided the 343
student receives any authorization required by a public agency or 344
9
private organization of which the school district is a member 345
exercising authority over interscholastic sports. 346
(8) A child whose parent is a full-time employee of a 348
city, local, or exempted village school district may be admitted 349
to the schools of the district where the child's parent is 350
employed, provided the board of education establishes such an 352
admission policy by resolution adopted by a majority of its 353
members. Any such policy shall take effect on the first day of 354
the school year and the effective date of any amendment or repeal 355
may not be prior to the first day of the subsequent school year. 356
The policy shall be uniformly applied to all such children and 357
shall provide for the admission of any such child upon request of 358
the parent. No child may be admitted under this policy after the 359
first day of classes of any school year. 360
(9) A child who is with the child's parent under the care 362
of a shelter for victims of domestic violence, as defined in 364
section 3113.33 of the Revised Code, is entitled to attend school 365
free in the district in which the child is with his THE CHILD'S 366
parent, and no other school district shall be required to pay 369
tuition for the child's attendance in that school district. 371
The enrollment of a child in a school district under this 373
division shall not be denied due to a delay in the school 374
district's receipt of any records required under section 3313.672 375
of the Revised Code or any other records required for enrollment. 376
Any days of attendance and any credits earned by a child while 377
enrolled in a school district under this division shall be 378
transferred to and accepted by any school district in which the 379
child subsequently enrolls. The state board of education shall 380
adopt rules to ensure compliance with this division. 381
(10) Any child under the age of twenty-two years whose 383
parent has moved out of the school district after the 384
commencement of classes in the child's senior year of high school 385
is entitled, subject to the approval of that district board, to 386
attend school in the district in which the child attended school 387
10
at the time of the parental move for the remainder of the school 388
year and for one additional semester or equivalent term. A 390
district board may also adopt a policy specifying extenuating 391
circumstances under which a student may continue to attend school 392
under division (F)(10) of this section for an additional period 393
of time in order to successfully complete the high school 394
curriculum for the individualized education program developed for 395
the student by the high school pursuant to section 3323.08 of the 396
Revised Code.
(11) As used in this division, "grandparent" means a 398
parent of a parent of a child. A child under the age of 399
twenty-two years who is in the custody of the child's parent, 401
resides with a grandparent, and does not require special 402
education is entitled to attend the schools of the district in 403
which the child's grandparent resides, provided that, prior to 405
such attendance in any school year, the board of education of the 406
school district in which the child's grandparent resides and the 407
board of education of the school district in which the child's 409
parent resides enter into a written agreement specifying that 411
good cause exists for such attendance, describing the nature of 412
this good cause, and consenting to such attendance. 413
In lieu of a consent form signed by a parent, a board of 415
education may request the grandparent of a child attending school 416
in the district in which the grandparent resides pursuant to 417
division (F)(11) of this section to complete any consent form 418
required by the district, including any authorization required by 419
sections 3313.712 and, 3313.713, AND 3313.716 of the Revised 421
Code. Upon request, the grandparent shall complete any consent 422
form required by the district. A school district shall not incur 423
any liability solely because of its receipt of a consent form 424
from a grandparent in lieu of a parent. 425
Division (F)(11) of this section does not create, and shall 428
not be construed as creating, a new cause of action or 429
substantive legal right against a school district, a member of a 430
11
board of education, or an employee of a school district. This 431
section does not affect, and shall not be construed as affecting, 432
any immunities from defenses to tort liability created or 433
recognized by Chapter 2744. of the Revised Code for a school 434
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 437
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 439
(C), or (E) of this section provided that, prior to such 441
attendance in any school year, both of the following occur: 442
(a) The superintendent of the district in which the child 444
is entitled to attend school under division (B), (C), or (E) of 447
this section contacts the superintendent of another district for
purposes of this division; 449
(b) The superintendents of both districts enter into a 452
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 454
physical or mental well-being or to deal with other extenuating 455
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 457
student who is not receiving special education under Chapter 458
3323. of the Revised Code and notwithstanding Chapter 3327. of 459
the Revised Code, the board of education of neither school 460
district involved in the agreement is required to provide 461
transportation for the student to and from the school where the 462
student attends.
A student attending a school of a district pursuant to this 464
division shall be allowed to participate in all student 465
activities, including interscholastic athletics, at the school 466
where the student is attending on the same basis as any student 467
who has always attended the schools of that district while of 468
compulsory school age.
(G) A board of education, after approving admission, may 470
waive tuition for students who will temporarily reside in the 471
12
district and who are either of the following: 472
(1) Residents or domiciliaries of a foreign nation who 474
request admission as foreign exchange students; 475
(2) Residents or domiciliaries of the United States but 477
not of Ohio who request admission as participants in an exchange 478
program operated by a student exchange organization. 479
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 481
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 482
attend school or participate in a special education program in a 483
school district other than in the district where the child is 484
entitled to attend school under division (B) of this section. 485
(I) This division does not apply to a child receiving 487
special education. 488
A school district required to pay tuition pursuant to 490
division (C)(2) or (3) of this section or section 3313.65 of the 491
Revised Code shall have an amount deducted under division (F) of 493
section 3317.023 of the Revised Code equal to its own tuition 494
rate for the same period of attendance. A school district 495
entitled to receive tuition pursuant to division (C)(2) or (3) of 496
this section or section 3313.65 of the Revised Code shall have an 497
amount credited under division (F) of section 3317.023 of the 499
Revised Code equal to its own tuition rate for the same period of 500
attendance. If the tuition rate credited to the district of 501
attendance exceeds the rate deducted from the district required 502
to pay tuition, the department of education shall pay the 503
district of attendance the difference from amounts deducted from 504
all districts' payments under division (F) of section 3317.023 of 506
the Revised Code but not credited to other school districts under 507
such division and from appropriations made for such purpose. The 508
treasurer of each school district shall, by the fifteenth day of 509
January and July, furnish the superintendent of public 510
instruction a report of the names of each child who attended the 511
district's schools under divisions (C)(2) and (3) of this section 512
or section 3313.65 of the Revised Code during the preceding six 513
13
calendar months, the duration of the attendance of those 514
children, the school district responsible for tuition on behalf 515
of the child, and any other information that the superintendent 516
requires. 517
Upon receipt of the report the superintendent, pursuant to 519
division (F) of section 3317.023 of the Revised Code, shall 520
deduct each district's tuition obligations under divisions (C)(2) 521
and (3) of this section or section 3313.65 of the Revised Code 522
and pay to the district of attendance that amount plus any amount 523
required to be paid by the state. 524
(J) In the event of a disagreement, the superintendent of 526
public instruction shall determine the school district in which 527
the parent resides. 528
(K) Nothing in this section requires or authorizes, or 530
shall be construed to require or authorize, the admission to a 531
public school in this state of a pupil who has been permanently 532
excluded from public school attendance by the superintendent of 533
public instruction pursuant to sections 3301.121 and 3313.662 of 534
the Revised Code. 535
Sec. 3313.716. (A) NOTWITHSTANDING SECTION 3313.713 OF 538
THE REVISED CODE OR ANY POLICY ADOPTED UNDER THAT SECTION, A 541
STUDENT OF A SCHOOL OPERATED BY A CITY, LOCAL, EXEMPTED VILLAGE, 542
OR JOINT VOCATIONAL SCHOOL DISTRICT OR A STUDENT OF A CHARTERED 543
NONPUBLIC SCHOOL MAY POSSESS AND USE A METERED DOSE INHALER OR A 544
DRY POWDER INHALER TO ALLEVIATE ASTHMATIC SYMPTOMS, OR BEFORE 545
EXERCISE TO PREVENT THE ONSET OF ASTHMATIC SYMPTOMS, IF BOTH OF 546
THE FOLLOWING CONDITIONS ARE SATISFIED: 547
(1) THE STUDENT HAS THE WRITTEN APPROVAL OF THE STUDENT'S 549
PHYSICIAN AND, IF THE STUDENT IS A MINOR, THE WRITTEN APPROVAL OF 551
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 552
THE STUDENT. THE PHYSICIAN'S WRITTEN APPROVAL SHALL INCLUDE AT 554
LEAST ALL OF THE FOLLOWING INFORMATION:
(a) THE STUDENT'S NAME AND ADDRESS; 556
(b) THE NAMES OF THE DRUGS CONTAINED IN THE INHALER; 558
14
(c) THE DATE THE ADMINISTRATION OF THE DRUGS IS TO BEGIN; 560
(d) THE DATE, IF KNOWN, THAT THE ADMINISTRATION OF THE 562
DRUGS IS TO CEASE; 563
(e) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO THE 565
CHILD USING THE INHALER AND THAT SHOULD BE REPORTED TO THE 566
PHYSICIAN;
(f) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO ANOTHER 568
CHILD, FOR WHOM THE INHALER IS NOT PRESCRIBED, SHOULD SUCH A 569
CHILD RECEIVE A DOSE OF THE DRUGS; 570
(g) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 572
THE PHYSICIAN IN AN EMERGENCY; 573
(h) ANY OTHER SPECIAL INSTRUCTIONS FROM THE PHYSICIAN. 575
(2) THE SCHOOL PRINCIPAL AND, IF A SCHOOL NURSE IS 577
ASSIGNED TO THE STUDENT'S SCHOOL BUILDING, THE SCHOOL NURSE HAS 578
RECEIVED COPIES OF THE WRITTEN APPROVALS REQUIRED BY DIVISION 580
(A)(1) OF THIS SECTION.
IF THESE CONDITIONS ARE SATISFIED, THE STUDENT MAY POSSESS 582
AND USE THE INHALER AT SCHOOL OR AT ANY ACTIVITY, EVENT, OR 583
PROGRAM SPONSORED BY OR IN WHICH THE STUDENT'S SCHOOL IS A 584
PARTICIPANT. 585
(B)(1) A SCHOOL DISTRICT, MEMBER OF A SCHOOL DISTRICT 588
BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE IN 589
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 590
PROPERTY ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S PROHIBITING 591
A STUDENT FROM USING AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD 592
FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 594
THIS SECTION HAD NOT BEEN SATISFIED. A SCHOOL DISTRICT, MEMBER 595
OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT 596
EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 597
DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARISING FROM A 598
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER 599
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 600
OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD BEEN SATISFIED. 602
FURTHERMORE, WHEN A SCHOOL DISTRICT IS REQUIRED BY THIS SECTION 604
15
TO PERMIT A STUDENT TO POSSESS AND USE AN INHALER BECAUSE THE 605
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAVE BEEN 606
SATISFIED, THE SCHOOL DISTRICT, ANY MEMBER OF THE SCHOOL DISTRICT 607
BOARD OF EDUCATION, OR ANY SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE 608
IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON 609
OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER BY A 610
STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 611
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 615
IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, MEMBER OF A SCHOOL 616
DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE MAY BE
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 618
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE. 620
(2) A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, DIRECTOR, 623
OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A CIVIL 624
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 625
ARISING FROM A SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING 626
AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 627
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD NOT 629
BEEN SATISFIED. A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, 630
DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A 631
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 632
ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S PERMITTING A STUDENT 633
TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF 634
THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION 635
HAD BEEN SATISFIED. FURTHERMORE, WHEN A CHARTERED NONPUBLIC 637
SCHOOL IS REQUIRED BY THIS SECTION TO PERMIT A STUDENT TO POSSESS 638
AND USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND 639
(2) OF THIS SECTION HAVE BEEN SATISFIED, THE CHARTERED NONPUBLIC 640
SCHOOL OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT 641
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 642
PERSON OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER 643
BY A STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 644
Sec. 3314.03. (A) Each contract entered into under 653
section 3314.02 of the Revised Code between a sponsor and the 654
16
governing authority of a community school shall specify the 655
following:
(1) That the school shall be established as a nonprofit 657
corporation established under Chapter 1702. of the Revised Code; 658
(2) The education program of the school, including the 660
school's mission, the characteristics of the students the school 661
is expected to attract, the ages and grades of students, and the 662
focus of the curriculum; 663
(3) The academic goals to be achieved and the method of 665
measurement that will be used to determine progress toward those 666
goals, which shall include the statewide proficiency tests; 667
(4) Performance standards by which the success of the 669
school will be evaluated by the sponsor; 670
(5) The admission standards of section 3314.06 of the 672
Revised Code; 673
(6) Dismissal procedures; 675
(7) The ways by which the school will achieve racial and 677
ethnic balance reflective of the community it serves; 678
(8) Requirements and procedures for financial audits by 681
the auditor of state. The contract shall require financial
records of the school to be maintained in the same manner as are 684
financial records of school districts, pursuant to rules of the 685
auditor of state, and the audits shall be conducted in accordance 686
with section 117.10 of the Revised Code.
(9) The facility to be used and its location; 688
(10) Qualifications of teachers, including a requirement 690
that the school's classroom teachers be licensed in accordance 691
with sections 3319.22 to 3319.31 of the Revised Code, except that 692
a community school may engage noncertificated persons to teach up 693
to twelve hours per week pursuant to section 3319.301 of the 694
Revised Code;
(11) That the school will comply with the following 696
requirements: 697
(a) The school will provide learning opportunities to a 699
17
minimum of twenty-five students for a minimum of nine hundred 701
twenty hours per school year;
(b) The governing authority will purchase liability 704
insurance, or otherwise provide for the potential liability of 705
the school;
(c) The school will be nonsectarian in its programs, 708
admission policies, employment practices, and all other 709
operations, and will not be operated by a sectarian school or 710
religious institution;
(d) The school will comply with sections 9.90, 9.91, 712
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 714
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 715
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 716
3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 717
4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 718
4123., 4141., and 4167. of the Revised Code as if it were a 719
school district;
(e) The school shall comply with Chapter 102. of the 721
Revised Code except that nothing in that chapter shall prohibit a 722
member of the school's governing board from also being an 723
employee of the school and nothing in that chapter or section 724
2921.42 of the Revised Code shall prohibit a member of the 725
school's governing board from having an interest in a contract 726
into which the governing board enters; 727
(f) The school will comply with sections 3313.61 and 729
3313.611 of the Revised Code, except that the requirement in 731
those sections that a person must successfully complete the 732
curriculum in any high school prior to receiving a high school 733
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 735
curriculum specified in Title XXXIII of the Revised Code or any 736
rules of the state board of education;
(g) The school governing authority will submit an annual 738
report of its activities and progress in meeting the goals and 739
18
standards of divisions (A)(3) and (4) of this section and its 740
financial status to the sponsor, the parents of all students 741
enrolled in the school, and the legislative office of education 742
oversight.
(12) Arrangements for providing health and other benefits 744
to employees; 745
(13) The length of the contract, which shall begin at the 747
beginning of an academic year and shall not exceed five years; 748
(14) The governing authority of the school, which shall be 750
responsible for carrying out the provisions of the contract; 751
(15) A financial plan detailing an estimated school budget 753
for each year of the period of the contract and specifying the 754
total estimated per pupil expenditure amount for each such year. 755
The plan shall specify for each year the base formula amount that 757
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 758
year shall not exceed the formula amount defined under section 759
3317.02 of the Revised Code. The plan may also specify for any 761
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 762
section 3317.029 of the Revised Code the school is to receive 764
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 766
of employees of the school in the event the contract is 767
terminated or not renewed pursuant to section 3314.07 of the 768
Revised Code;
(17) Whether the school is to be created by converting all 771
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of 772
any duties or responsibilities of an employer that the board of 773
education that operated the school before conversion is 774
delegating to the governing board of the community school with 775
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 776
19
applicable to such employees; 777
(18) Provisions establishing procedures for resolving 779
disputes or differences of opinion between the sponsor and the 780
governing authority of the community school. 781
(B) The community school shall also submit to the sponsor 783
a comprehensive plan for the school. The plan shall specify the 785
following:
(1) The process by which the governing authority of the 787
school will be selected in the future; 788
(2) The management and administration of the school; 790
(3) If the community school is a currently existing public 793
school, alternative arrangements for current public school 794
students who choose not to attend the school and teachers who 795
choose not to teach in the school after conversion; 796
(4) The instructional program and educational philosophy 798
of the school; 799
(5) Internal financial controls. 801
(C) A contract entered into under section 3314.02 of the 803
Revised Code between a sponsor and the governing authority of a 805
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 806
authorized to receive such payments as set forth in the contract 807
between the governing authority and the sponsor. 808
Sec. 3314.14. A COMMUNITY SCHOOL, COMMUNITY SCHOOL 811
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE 812
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A 813
COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN 814
INHALER DESCRIBED IN SECTION 3313.716 OF THE REVISED CODE BECAUSE 817
OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS OF 818
DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD NOT BEEN SATISFIED. 820
A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING AUTHORITY, OR 821
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 822
ACTION FOR HARM ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S 823
PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN THAT SECTION 824
20
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 825
OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN SATISFIED. 827
FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN ACCORDANCE 829
WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND USE AN 830
INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 831
THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 832
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 833
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 834
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 835
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 836
NOT PRESCRIBED.
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 839
IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY SCHOOL 840
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE ENTITLED 841
TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE REVISED CODE 844
OR UNDER THE COMMON LAW OF THIS STATE. 845
Section 2. That existing sections 3313.64 and 3314.03 of 847
the Revised Code are hereby repealed. 848
Section 3. That Section 50.52.5 of Am. Sub. H.B. 215 of 850
the 122nd General Assembly, as most recently amended by Am. Sub. 852
H.B. 770 of the 122nd General Assembly, be amended to read as 853
follows:
"Sec. 50.52.5. Each contract entered into between a 855
sponsor and the governing authority of a community school shall 856
specify the following: 857
(A) That the school shall be established as a nonprofit 859
corporation established under Chapter 1702. of the Revised Code; 861
(B) The education program of the school, including the 863
school's mission, the characteristics of the students the school 864
is expected to attract, the ages and grades of students, and the 865
focus of the curriculum; 866
(C) Performance standards and assessments by which the 868
success of the school will be evaluated by the sponsor, which 869
shall include the statewide proficiency tests; 870
21
(D) The admission standards of Subsection 8 of this 872
section; 873
(E) Dismissal procedures; 875
(F) The ways by which the school will achieve racial and 877
ethnic balance reflective of the community it serves; 878
(G) Requirements and procedures for financial audits by 881
the Auditor of State. The contract shall require financial 882
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 883
Auditor of State, and the audits shall be conducted in accordance 884
with section 117.10 of the Revised Code. 885
(H) Facilities to be used, their location, and their 887
method of acquisition;
(I) Qualifications of teachers, including a requirement 889
that the school's classroom teachers be certificated in 890
accordance with sections 3319.22 to 3319.31 of the Revised Code, 891
except that a community school may engage noncertificated persons 893
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 894
(J) That the school will comply with the following 896
requirements: 897
(1) The school will provide learning opportunities to a 899
minimum of twenty-five students for a minimum of nine hundred 901
twenty hours per school year;
(2) The governing authority will purchase liability 904
insurance, or otherwise provide for the potential liability of 905
the school;
(3) The school will be nonsectarian in its programs, 908
admission policies, employment practices, and all other 909
operations, and will not be operated by a sectarian school or 910
religious institution;
(4) The school will comply with sections 9.90, 9.91, 912
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 914
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 915
22
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 916
3313.71, 3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 917
3327.10, 4111.17, and 4113.52 and Chapters 102., 117., 1347., 919
2744., 4112., 4123., 4141., and 4167. of the Revised Code as if 921
it were a school district; 922
(5) The school will comply with sections 3313.61 and 924
3313.611 of the Revised Code, except that the requirement in 927
those sections that a person must successfully complete the 928
curriculum in any high school prior to receiving a high school 929
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 931
curriculum specified in Title XXXIII of the Revised Code or any 932
rules of the state board of education;
(6) The school governing authority will submit an annual 934
report of its activities and progress in meeting the goals and 935
standards of division (C) of this subsection and its financial 936
status to the sponsor, the parents of all students enrolled in 937
the school, and the legislative office of education oversight. 938
The financial statement shall be in such form as shall be 939
prescribed by the Auditor of State. 940
(K) Arrangements for providing health and other benefits 942
to employees; 943
(L) The length of the contract, which shall not exceed 945
five years nor extend beyond June 30, 2003; 946
(M) The governing authority of the school, which shall be 948
responsible for carrying out the provisions of the contract, and 949
a description of the process by which the governing authority 950
will be selected in the future; 951
(N) A financial plan detailing an estimated school budget 953
for each year of the period of the contract and specifying the 954
total estimated per pupil expenditure amount for each such year. 955
The plan shall specify for each year the base formula amount that 957
will be used for purposes of funding calculations under 958
SUBSECTION 10 OF THIS section 3314.08 of the Revised Code. This 959
23
base formula amount for any year shall not exceed the formula 961
amount defined under division (B) of IN section 3317.02 of the 963
Revised Code.
(O)(1) Requirements and procedures regarding the 965
disposition of employees, equipment, materials, supplies, and 966
facilities of the school in the event the contract is terminated 967
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 970
must close prior to June 30, 2003, the school will be kept open 971
for students to attend until the end of the school year in which 972
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 974
disputes or differences of opinion between the sponsor and the 975
governing authority of the community school. 976
(P) Whether or not the school is to be created by 978
converting all or part of an existing public school and, if it 979
is, specification of any duties or responsibilities of an 980
employer that the board of education that operated the school 981
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 982
employees provided the delegation is not prohibited by a 984
collective bargaining agreement applicable to such employees. 985
(Q) Any additional details concerning the management and 987
administration of the school; 988
(R) If the proposed community school is a currently 990
existing public school, alternative arrangements, approved by the 992
board of education of the school district in which the school is
located, for current public school students who choose not to 994
attend the school and teachers who choose not to teach in the 995
school after conversion;
(S) That the school shall be the custodian of all money 997
received during the first full fiscal year of its operation and 998
during subsequent years unless another custodian is designated in 999
the contract to receive and maintain the first-year revenue." 1,000
24
Section 4. That existing Section 50.52.5 of Am. Sub. H.B. 1,002
215 of the 122nd General Assembly, as most recently amended by 1,003
Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby 1,004
repealed. 1,005
Section 5. That Section 50.52.6 of Am. Sub. H.B. 215 of 1,007
the 122nd General Assembly be amended to read as follows: 1,008
"Sec. 50.52.6. (A) Except as otherwise specified in this 1,010
section and in the contract between a community school and a 1,012
sponsor, such school is exempt from all state laws and rules 1,013
pertaining to schools, school districts, and boards of education, 1,014
except those laws and rules that grant certain rights to parents.
(B) A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING 1,017
AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES 1,018
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL EMPLOYEE'S 1,019
PROHIBITING A STUDENT FROM USING AN INHALER DESCRIBED IN SECTION 1,020
3313.716 OF THE REVISED CODE BECAUSE OF THE EMPLOYEE'S GOOD FAITH 1,023
BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT 1,024
SECTION HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY 1,025
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT 1,026
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 1,027
PERSON OR PROPERTY ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S 1,029
PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN THAT SECTION 1,030
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 1,031
OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN SATISFIED. 1,033
FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN ACCORDANCE 1,035
WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND USE AN 1,036
INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 1,037
THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 1,038
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 1,039
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 1,040
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 1,041
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 1,042
NOT PRESCRIBED.
25
THIS DIVISION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY 1,045
OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY 1,046
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE 1,047
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 1,049
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE." 1,051
Section 6. That existing Section 50.52.6 of Am. Sub. H.B. 1,053
215 of the 122nd General Assembly is hereby repealed. 1,054