As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 121 5
1999-2000 6
REPRESENTATIVES GARDNER-ROMAN-VESPER-WILLAMOWSKI-MEAD-PETERSON- 8
ALLEN-AUSTRIA-SULLIVAN-VERICH-MOTTLEY-BRADING-HOLLISTER-CLANCY- 9
WOMER BENJAMIN-MYERS-GOODMAN-OLMAN-JOLIVETTE-HOUSEHOLDER-CORBIN- 10
BUEHRER-WILSON-OGG-GRENDELL-GERBERRY-BOYD-HOOPS-DISTEL-GOODING- 11
HAINES-SUTTON-JONES-CORE-BARNES-HARRIS-BATEMAN-D.MILLER-SALERNO- 12
OPFER-BENDER-PERRY-DePIERO-BARRETT-BRITTON 13
_________________________________________________________________ 14
A B I L L
To amend sections 3313.64 and 3314.03 and to enact 16
sections 3313.716 and 3314.14 of the Revised Code 17
and to amend Section 50.52.5 of Am. Sub. H.B. 215 19
of the 122nd General Assembly, as subsequently 20
amended, and Section 50.52.6 of Am. Sub. H.B. 215 21
of the 122nd General Assembly to permit students
of school districts, community schools, and 22
chartered nonpublic schools to carry asthma 23
inhalers approved by the students' physicians and 24
parents, and to grant immunity to school
districts, community schools, and chartered 25
nonpublic schools and their employees for good 26
faith actions in connection with this permission. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 3313.64 and 3314.03 be amended 31
and sections 3313.716 and 3314.14 of the Revised Code be enacted 32
to read as follows: 33
Sec. 3313.64. (A) As used in this section and in section 42
3313.65 of the Revised Code: 43
(1) "Parent" means either parent, unless the parents are 45
separated or divorced or their marriage has been dissolved or 46
2
annulled, in which case "parent" means the parent who is the 47
residential parent and legal custodian of the child. When a 48
child is in the legal custody of a government agency or a person 49
other than the child's natural or adoptive parent, "parent" means 50
the parent with residual parental rights, privileges, and 51
responsibilities. When a child is in the permanent custody of a 52
government agency or a person other than the child's natural or 53
adoptive parent, "parent" means the parent who was divested of 54
parental rights and responsibilities for the care of the child 55
and the right to have the child live with the parent and be the 56
legal custodian of the child and all residual parental rights, 58
privileges, and responsibilities. 59
(2) "Legal custody," "permanent custody," and "residual 61
parental rights, privileges, and responsibilities" have the same 62
meanings as in section 2151.011 of the Revised Code. 63
(3) "School district" or "district" means a city, local, 65
or exempted village school district and excludes any school 66
operated in an institution maintained by the department of youth 67
services. 68
(4) Except as used in division (C)(2) of this section, 70
"home" means a home, institution, family foster home, group home, 71
or other residential facility in this state that receives and 72
cares for children, to which any of the following applies: 73
(a) The home is licensed, certified, or approved for such 75
purpose by the state or is maintained by the department of youth 76
services. 77
(b) The home is operated by a person who is licensed, 79
certified, or approved by the state to operate the home for such 80
purpose. 81
(c) The home accepted the child through a placement by a 83
person licensed, certified, or approved to place a child in such 84
a home by the state. 85
(d) The home is a children's home created under section 87
5153.21 or 5153.36 of the Revised Code. 88
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(5) "Agency" means all of the following: 90
(a) A public children services agency; 92
(b) An organization that holds a certificate issued by the 94
Ohio department of human services in accordance with the 95
requirements of section 5103.03 of the Revised Code and assumes 96
temporary or permanent custody of children through commitment, 97
agreement, or surrender, and places children in family homes for 98
the purpose of adoption; 99
(c) Comparable agencies of other states or countries that 101
have complied with applicable requirements of section 2151.39, or 102
sections 5103.20 to 5103.28 of the Revised Code. 103
(6) A child is placed for adoption if either of the 105
following occurs: 106
(a) An agency to which the child has been permanently 108
committed or surrendered enters into an agreement with a person 109
pursuant to section 5103.06 of the Revised Code for the care and 110
adoption of the child. 111
(b) The child's natural parent places the child pursuant 113
to section 5103.16 of the Revised Code with a person who will 114
care for and adopt the child. 115
(7) "Handicapped preschool child" means a handicapped 117
child, as defined by division (A) of section 3323.01 of the 118
Revised Code, who is at least three years of age but is not of 119
compulsory school age, as defined in section 3321.01 of the 120
Revised Code, and who has not entered kindergarten. 121
(8) "Child," unless otherwise indicated, includes 123
handicapped preschool children. 124
(B) Except as otherwise provided in section 3321.01 of the 126
Revised Code for admittance to kindergarten and first grade, a 127
child who is at least five but under twenty-two years of age and 128
any handicapped preschool child shall be admitted to school as 129
provided in this division. 130
(1) A child shall be admitted to the schools of the school 132
district in which the child's parent resides. 133
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(2) A child who does not reside in the district where the 136
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 138
applies:
(a) The child is in the legal or permanent custody of a 140
government agency or a person other than the child's natural or 142
adoptive parent. 143
(b) The child resides in a home. 145
(c) The child requires special education. 147
(3) A child who is not entitled under division (B)(2) of 149
this section to be admitted to the schools of the district where 150
the child resides and who is residing with a resident of this 151
state with whom the child has been placed for adoption shall be 153
admitted to the schools of the district where the child resides 155
unless either of the following applies: 156
(a) The placement for adoption has been terminated. 158
(b) Another school district is required to admit the child 160
under division (B)(1) of this section. 161
Division (B) of this section does not prohibit the board of 163
education of a school district from placing a handicapped child 164
who resides in the district in a special education program 165
outside of the district or its schools in compliance with Chapter 166
3323. of the Revised Code. 167
(C) A district shall not charge tuition for children 169
admitted under division (B)(1) or (3) of this section. If the 170
district admits a child under division (B)(2) of this section, 171
tuition shall be paid to the district that admits the child as 172
follows: 173
(1) If the child receives special education in accordance 175
with Chapter 3323. of the Revised Code, tuition shall be paid in 176
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 177
of the Revised Code regardless of who has custody of the child or 178
whether the child resides in a home. 179
(2) Except as otherwise provided in division (C)(2)(d) of 181
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this section, if the child is in the permanent or legal custody 182
of a government agency or person other than the child's parent, 183
tuition shall be paid by: 184
(a) The district in which the child's parent resided at 186
the time the court removed the child from home or at the time the 188
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 189
(b) If the parent's residence at the time the court 191
removed the child from home or placed the child in the legal or 193
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 194
at the time the child was removed from home or placed in legal or 196
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 198
division (C)(2)(a) or (b) of this section, tuition shall be paid 199
by the district determined as required by section 2151.357 of the 200
Revised Code by the court at the time it vests custody of the 201
child in the person or government agency. 202
(d) If at the time the court removed the child from home 205
or vested legal or permanent custody of the child in the person 206
or government agency, whichever occurred first, one parent was in 207
a residential or correctional facility or a juvenile residential 208
placement and the other parent, if living and not in such a 209
facility or placement, was not known to reside in this state, 210
tuition shall be paid by the district determined under division 211
(D) of section 3313.65 of the Revised Code as the district 212
required to pay any tuition while the parent was in such facility 213
or placement.
(3) If the child is not in the permanent or legal custody 215
of a government agency or person other than the child's parent 217
and the child resides in a home, tuition shall be paid by one of 218
the following:
(a) The school district in which the child's parent 220
resides; 221
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(b) If the child's parent is not a resident of this state, 223
the home in which the child resides. 224
(D) Tuition required to be paid under divisions (C)(2) and 226
(3)(a) of this section shall be computed in accordance with 227
section 3317.08 of the Revised Code. Tuition required to be paid 228
under division (C)(3)(b) of this section shall be computed in 229
accordance with section 3317.081 of the Revised Code. If a home 230
fails to pay the tuition required by division (C)(3)(b) of this 231
section, the board of education providing the education may 232
recover in a civil action the tuition and the expenses incurred 233
in prosecuting the action, including court costs and reasonable 234
attorney's fees. If the prosecuting attorney or city director of 235
law represents the board in such action, costs and reasonable 236
attorney's fees awarded by the court, based upon the prosecuting 237
attorney's, director's, or one of their designee's time spent 239
preparing and presenting the case, shall be deposited in the 240
county or city general fund. 241
(E) A board of education may enroll a child free of any 243
tuition obligation for a period not to exceed sixty days, on the 244
sworn statement of an adult resident of the district that the 245
resident has initiated legal proceedings for custody of the 247
child.
(F) In the case of any individual entitled to attend 249
school under this division, no tuition shall be charged by the 250
school district of attendance and no other school district shall 251
be required to pay tuition for the individual's attendance. 252
Notwithstanding division (B), (C), or (E) of this section: 253
(1) All persons at least eighteen but under twenty-two 255
years of age who live apart from their parents, support 256
themselves by their own labor, and have not successfully 257
completed the high school curriculum or the individualized 258
education program developed for the person by the high school 259
pursuant to section 3323.08 of the Revised Code, are entitled to 260
attend school in the district in which they reside. 261
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(2) Any child under eighteen years of age who is married 263
is entitled to attend school in the child's district of 264
residence. 265
(3) A child is entitled to attend school in the district 267
in which either of the child's parents is employed if the child 269
has a medical condition that may require emergency medical 270
attention. The parent of a child entitled to attend school under 271
division (F)(3) of this section shall submit to the board of 272
education of the district in which the parent is employed a 273
statement from the child's physician certifying that the child's 274
medical condition may require emergency medical attention. The 275
statement shall be supported by such other evidence as the board 276
may require.
(4) Any child residing with a person other than the 278
child's parent is entitled, for a period not to exceed twelve 280
months, to attend school in the district in which that person 281
resides if the child's parent files an affidavit with the 282
superintendent of the district in which the person with whom the 283
child is living resides stating all of the following: 284
(a) That the parent is serving outside of the state in the 286
armed services of the United States; 287
(b) That the parent intends to reside in the district upon 289
returning to this state; 290
(c) The name and address of the person with whom the child 292
is living while the parent is outside the state. 293
(5) Any child under the age of twenty-two years who, after 295
the death of a parent, resides in a school district other than 296
the district in which the child attended school at the time of 297
the parent's death is entitled to continue to attend school in 298
the district in which the child attended school at the time of 299
the parent's death for the remainder of the school year, subject 300
to approval of that district board. 301
(6) A child under the age of twenty-two years who resides 303
with a parent who is having a new house built in a school 304
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district outside the district where the parent is residing is 305
entitled to attend school for a period of time in the district 306
where the new house is being built. In order to be entitled to 307
such attendance, the parent shall provide the district 308
superintendent with the following: 309
(a) A sworn statement explaining the situation, revealing 311
the location of the house being built, and stating the parent's 312
intention to reside there upon its completion; 313
(b) A statement from the builder confirming that a new 315
house is being built for the parent and that the house is at the 316
location indicated in the parent's statement. 317
(7) A child under the age of twenty-two years residing 319
with a parent who has a contract to purchase a house in a school 320
district outside the district where the parent is residing and 321
who is waiting upon the date of closing of the mortgage loan for 322
the purchase of such house is entitled to attend school for a 323
period of time in the district where the house is being 324
purchased. In order to be entitled to such attendance, the 325
parent shall provide the district superintendent with the 326
following: 327
(a) A sworn statement explaining the situation, revealing 329
the location of the house being purchased, and stating the 330
parent's intent to reside there; 331
(b) A statement from a real estate broker or bank officer 333
confirming that the parent has a contract to purchase the house, 334
that the parent is waiting upon the date of closing of the 335
mortgage loan, and that the house is at the location indicated in 336
the parent's statement. 337
The district superintendent shall establish a period of 339
time not to exceed ninety days during which the child entitled to 340
attend school under division (F)(6) or (7) of this section may 341
attend without tuition obligation. A student attending a school 342
under division (F)(6) or (7) of this section shall be eligible to 343
participate in interscholastic athletics under the auspices of 344
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that school, provided the board of education of the school 345
district where the student's parent resides, by a formal action, 346
releases the student to participate in interscholastic athletics 347
at the school where the student is attending, and provided the 348
student receives any authorization required by a public agency or 349
private organization of which the school district is a member 350
exercising authority over interscholastic sports. 351
(8) A child whose parent is a full-time employee of a 353
city, local, or exempted village school district may be admitted 354
to the schools of the district where the child's parent is 355
employed, provided the board of education establishes such an 357
admission policy by resolution adopted by a majority of its 358
members. Any such policy shall take effect on the first day of 359
the school year and the effective date of any amendment or repeal 360
may not be prior to the first day of the subsequent school year. 361
The policy shall be uniformly applied to all such children and 362
shall provide for the admission of any such child upon request of 363
the parent. No child may be admitted under this policy after the 364
first day of classes of any school year. 365
(9) A child who is with the child's parent under the care 367
of a shelter for victims of domestic violence, as defined in 369
section 3113.33 of the Revised Code, is entitled to attend school 370
free in the district in which the child is with his THE CHILD'S 371
parent, and no other school district shall be required to pay 374
tuition for the child's attendance in that school district. 376
The enrollment of a child in a school district under this 378
division shall not be denied due to a delay in the school 379
district's receipt of any records required under section 3313.672 380
of the Revised Code or any other records required for enrollment. 381
Any days of attendance and any credits earned by a child while 382
enrolled in a school district under this division shall be 383
transferred to and accepted by any school district in which the 384
child subsequently enrolls. The state board of education shall 385
adopt rules to ensure compliance with this division. 386
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(10) Any child under the age of twenty-two years whose 388
parent has moved out of the school district after the 389
commencement of classes in the child's senior year of high school 390
is entitled, subject to the approval of that district board, to 391
attend school in the district in which the child attended school 392
at the time of the parental move for the remainder of the school 393
year and for one additional semester or equivalent term. A 395
district board may also adopt a policy specifying extenuating 396
circumstances under which a student may continue to attend school 397
under division (F)(10) of this section for an additional period 398
of time in order to successfully complete the high school 399
curriculum for the individualized education program developed for 400
the student by the high school pursuant to section 3323.08 of the 401
Revised Code.
(11) As used in this division, "grandparent" means a 403
parent of a parent of a child. A child under the age of 404
twenty-two years who is in the custody of the child's parent, 406
resides with a grandparent, and does not require special 407
education is entitled to attend the schools of the district in 408
which the child's grandparent resides, provided that, prior to 410
such attendance in any school year, the board of education of the 411
school district in which the child's grandparent resides and the 412
board of education of the school district in which the child's 414
parent resides enter into a written agreement specifying that 416
good cause exists for such attendance, describing the nature of 417
this good cause, and consenting to such attendance. 418
In lieu of a consent form signed by a parent, a board of 420
education may request the grandparent of a child attending school 421
in the district in which the grandparent resides pursuant to 422
division (F)(11) of this section to complete any consent form 423
required by the district, including any authorization required by 424
sections 3313.712 and, 3313.713, AND 3313.716 of the Revised 426
Code. Upon request, the grandparent shall complete any consent 427
form required by the district. A school district shall not incur 428
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any liability solely because of its receipt of a consent form 429
from a grandparent in lieu of a parent. 430
Division (F)(11) of this section does not create, and shall 433
not be construed as creating, a new cause of action or 434
substantive legal right against a school district, a member of a 435
board of education, or an employee of a school district. This 436
section does not affect, and shall not be construed as affecting, 437
any immunities from defenses to tort liability created or 438
recognized by Chapter 2744. of the Revised Code for a school 439
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 442
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 444
(C), or (E) of this section provided that, prior to such 446
attendance in any school year, both of the following occur: 447
(a) The superintendent of the district in which the child 449
is entitled to attend school under division (B), (C), or (E) of 452
this section contacts the superintendent of another district for
purposes of this division; 454
(b) The superintendents of both districts enter into a 457
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 459
physical or mental well-being or to deal with other extenuating 460
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 462
student who is not receiving special education under Chapter 463
3323. of the Revised Code and notwithstanding Chapter 3327. of 464
the Revised Code, the board of education of neither school 465
district involved in the agreement is required to provide 466
transportation for the student to and from the school where the 467
student attends.
A student attending a school of a district pursuant to this 469
division shall be allowed to participate in all student 470
activities, including interscholastic athletics, at the school 471
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where the student is attending on the same basis as any student 472
who has always attended the schools of that district while of 473
compulsory school age.
(G) A board of education, after approving admission, may 475
waive tuition for students who will temporarily reside in the 476
district and who are either of the following: 477
(1) Residents or domiciliaries of a foreign nation who 479
request admission as foreign exchange students; 480
(2) Residents or domiciliaries of the United States but 482
not of Ohio who request admission as participants in an exchange 483
program operated by a student exchange organization. 484
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 486
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 487
attend school or participate in a special education program in a 488
school district other than in the district where the child is 489
entitled to attend school under division (B) of this section. 490
(I) This division does not apply to a child receiving 492
special education. 493
A school district required to pay tuition pursuant to 495
division (C)(2) or (3) of this section or section 3313.65 of the 496
Revised Code shall have an amount deducted under division (F) of 498
section 3317.023 of the Revised Code equal to its own tuition 499
rate for the same period of attendance. A school district 500
entitled to receive tuition pursuant to division (C)(2) or (3) of 501
this section or section 3313.65 of the Revised Code shall have an 502
amount credited under division (F) of section 3317.023 of the 504
Revised Code equal to its own tuition rate for the same period of 505
attendance. If the tuition rate credited to the district of 506
attendance exceeds the rate deducted from the district required 507
to pay tuition, the department of education shall pay the 508
district of attendance the difference from amounts deducted from 509
all districts' payments under division (F) of section 3317.023 of 511
the Revised Code but not credited to other school districts under 512
such division and from appropriations made for such purpose. The 513
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treasurer of each school district shall, by the fifteenth day of 514
January and July, furnish the superintendent of public 515
instruction a report of the names of each child who attended the 516
district's schools under divisions (C)(2) and (3) of this section 517
or section 3313.65 of the Revised Code during the preceding six 518
calendar months, the duration of the attendance of those 519
children, the school district responsible for tuition on behalf 520
of the child, and any other information that the superintendent 521
requires. 522
Upon receipt of the report the superintendent, pursuant to 524
division (F) of section 3317.023 of the Revised Code, shall 525
deduct each district's tuition obligations under divisions (C)(2) 526
and (3) of this section or section 3313.65 of the Revised Code 527
and pay to the district of attendance that amount plus any amount 528
required to be paid by the state. 529
(J) In the event of a disagreement, the superintendent of 531
public instruction shall determine the school district in which 532
the parent resides. 533
(K) Nothing in this section requires or authorizes, or 535
shall be construed to require or authorize, the admission to a 536
public school in this state of a pupil who has been permanently 537
excluded from public school attendance by the superintendent of 538
public instruction pursuant to sections 3301.121 and 3313.662 of 539
the Revised Code. 540
Sec. 3313.716. (A) NOTWITHSTANDING SECTION 3313.713 OF 543
THE REVISED CODE OR ANY POLICY ADOPTED UNDER THAT SECTION, A 546
STUDENT OF A SCHOOL OPERATED BY A CITY, LOCAL, EXEMPTED VILLAGE, 547
OR JOINT VOCATIONAL SCHOOL DISTRICT OR A STUDENT OF A CHARTERED 548
NONPUBLIC SCHOOL MAY POSSESS AND USE A METERED DOSE INHALER OR A 549
DRY POWDER INHALER TO ALLEVIATE ASTHMATIC SYMPTOMS, OR BEFORE 550
EXERCISE TO PREVENT THE ONSET OF ASTHMATIC SYMPTOMS, IF BOTH OF 551
THE FOLLOWING CONDITIONS ARE SATISFIED: 552
(1) THE STUDENT HAS THE WRITTEN APPROVAL OF THE STUDENT'S 554
PHYSICIAN AND, IF THE STUDENT IS A MINOR, THE WRITTEN APPROVAL OF 556
14
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 557
THE STUDENT. THE PHYSICIAN'S WRITTEN APPROVAL SHALL INCLUDE AT 559
LEAST ALL OF THE FOLLOWING INFORMATION:
(a) THE STUDENT'S NAME AND ADDRESS; 561
(b) THE NAMES OF THE DRUGS CONTAINED IN THE INHALER; 563
(c) THE DATE THE ADMINISTRATION OF THE DRUGS IS TO BEGIN; 565
(d) THE DATE, IF KNOWN, THAT THE ADMINISTRATION OF THE 567
DRUGS IS TO CEASE; 568
(e) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO THE 570
CHILD USING THE INHALER AND THAT SHOULD BE REPORTED TO THE 571
PHYSICIAN;
(f) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO ANOTHER 573
CHILD, FOR WHOM THE INHALER IS NOT PRESCRIBED, SHOULD SUCH A 574
CHILD RECEIVE A DOSE OF THE DRUGS; 575
(g) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 577
THE PHYSICIAN IN AN EMERGENCY; 578
(h) ANY OTHER SPECIAL INSTRUCTIONS FROM THE PHYSICIAN. 580
(2) THE SCHOOL PRINCIPAL AND, IF A SCHOOL NURSE IS 582
ASSIGNED TO THE STUDENT'S SCHOOL BUILDING, THE SCHOOL NURSE HAS 583
RECEIVED COPIES OF THE WRITTEN APPROVALS REQUIRED BY DIVISION 585
(A)(1) OF THIS SECTION.
IF THESE CONDITIONS ARE SATISFIED, THE STUDENT MAY POSSESS 587
AND USE THE INHALER AT SCHOOL OR AT ANY ACTIVITY, EVENT, OR 588
PROGRAM SPONSORED BY OR IN WHICH THE STUDENT'S SCHOOL IS A 589
PARTICIPANT. 590
(B)(1) A SCHOOL DISTRICT, MEMBER OF A SCHOOL DISTRICT 593
BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE IN 594
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 595
PROPERTY ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S PROHIBITING 596
A STUDENT FROM USING AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD 597
FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 599
THIS SECTION HAD NOT BEEN SATISFIED. A SCHOOL DISTRICT, MEMBER 600
OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT 601
EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 602
15
DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARISING FROM A 603
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER 604
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 605
OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD BEEN SATISFIED. 607
FURTHERMORE, WHEN A SCHOOL DISTRICT IS REQUIRED BY THIS SECTION 609
TO PERMIT A STUDENT TO POSSESS AND USE AN INHALER BECAUSE THE 610
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAVE BEEN 611
SATISFIED, THE SCHOOL DISTRICT, ANY MEMBER OF THE SCHOOL DISTRICT 612
BOARD OF EDUCATION, OR ANY SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE 613
IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON 614
OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER BY A 615
STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 616
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 620
IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, MEMBER OF A SCHOOL 621
DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE MAY BE
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 623
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE. 625
(2) A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, DIRECTOR, 628
OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A CIVIL 629
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 630
ARISING FROM A SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING 631
AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 632
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD NOT 634
BEEN SATISFIED. A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, 635
DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A 636
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 637
ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S PERMITTING A STUDENT 638
TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF 639
THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION 640
HAD BEEN SATISFIED. FURTHERMORE, WHEN A CHARTERED NONPUBLIC 642
SCHOOL IS REQUIRED BY THIS SECTION TO PERMIT A STUDENT TO POSSESS 643
AND USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND 644
(2) OF THIS SECTION HAVE BEEN SATISFIED, THE CHARTERED NONPUBLIC 645
SCHOOL OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT 646
16
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 647
PERSON OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER 648
BY A STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 649
Sec. 3314.03. (A) Each contract entered into under 658
section 3314.02 of the Revised Code between a sponsor and the 659
governing authority of a community school shall specify the 660
following:
(1) That the school shall be established as a nonprofit 662
corporation established under Chapter 1702. of the Revised Code; 663
(2) The education program of the school, including the 665
school's mission, the characteristics of the students the school 666
is expected to attract, the ages and grades of students, and the 667
focus of the curriculum; 668
(3) The academic goals to be achieved and the method of 670
measurement that will be used to determine progress toward those 671
goals, which shall include the statewide proficiency tests; 672
(4) Performance standards by which the success of the 674
school will be evaluated by the sponsor; 675
(5) The admission standards of section 3314.06 of the 677
Revised Code; 678
(6) Dismissal procedures; 680
(7) The ways by which the school will achieve racial and 682
ethnic balance reflective of the community it serves; 683
(8) Requirements and procedures for financial audits by 686
the auditor of state. The contract shall require financial
records of the school to be maintained in the same manner as are 689
financial records of school districts, pursuant to rules of the 690
auditor of state, and the audits shall be conducted in accordance 691
with section 117.10 of the Revised Code.
(9) The facility to be used and its location; 693
(10) Qualifications of teachers, including a requirement 695
that the school's classroom teachers be licensed in accordance 696
with sections 3319.22 to 3319.31 of the Revised Code, except that 697
a community school may engage noncertificated persons to teach up 698
17
to twelve hours per week pursuant to section 3319.301 of the 699
Revised Code;
(11) That the school will comply with the following 701
requirements: 702
(a) The school will provide learning opportunities to a 704
minimum of twenty-five students for a minimum of nine hundred 706
twenty hours per school year;
(b) The governing authority will purchase liability 709
insurance, or otherwise provide for the potential liability of 710
the school;
(c) The school will be nonsectarian in its programs, 713
admission policies, employment practices, and all other 714
operations, and will not be operated by a sectarian school or 715
religious institution;
(d) The school will comply with sections 9.90, 9.91, 717
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 719
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 720
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 721
3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 722
4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 723
4123., 4141., and 4167. of the Revised Code as if it were a 724
school district;
(e) The school shall comply with Chapter 102. of the 726
Revised Code except that nothing in that chapter shall prohibit a 727
member of the school's governing board from also being an 728
employee of the school and nothing in that chapter or section 729
2921.42 of the Revised Code shall prohibit a member of the 730
school's governing board from having an interest in a contract 731
into which the governing board enters; 732
(f) The school will comply with sections 3313.61 and 734
3313.611 of the Revised Code, except that the requirement in 736
those sections that a person must successfully complete the 737
curriculum in any high school prior to receiving a high school 738
diploma may be met by completing the curriculum adopted by the
18
governing authority of the community school rather than the 740
curriculum specified in Title XXXIII of the Revised Code or any 741
rules of the state board of education;
(g) The school governing authority will submit an annual 743
report of its activities and progress in meeting the goals and 744
standards of divisions (A)(3) and (4) of this section and its 745
financial status to the sponsor, the parents of all students 746
enrolled in the school, and the legislative office of education 747
oversight.
(12) Arrangements for providing health and other benefits 749
to employees; 750
(13) The length of the contract, which shall begin at the 752
beginning of an academic year and shall not exceed five years; 753
(14) The governing authority of the school, which shall be 755
responsible for carrying out the provisions of the contract; 756
(15) A financial plan detailing an estimated school budget 758
for each year of the period of the contract and specifying the 759
total estimated per pupil expenditure amount for each such year. 760
The plan shall specify for each year the base formula amount that 762
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 763
year shall not exceed the formula amount defined under section 764
3317.02 of the Revised Code. The plan may also specify for any 766
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 767
section 3317.029 of the Revised Code the school is to receive 769
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 771
of employees of the school in the event the contract is 772
terminated or not renewed pursuant to section 3314.07 of the 773
Revised Code;
(17) Whether the school is to be created by converting all 776
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 777
19
any duties or responsibilities of an employer that the board of 778
education that operated the school before conversion is 779
delegating to the governing board of the community school with 780
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 781
applicable to such employees; 782
(18) Provisions establishing procedures for resolving 784
disputes or differences of opinion between the sponsor and the 785
governing authority of the community school. 786
(B) The community school shall also submit to the sponsor 788
a comprehensive plan for the school. The plan shall specify the 790
following:
(1) The process by which the governing authority of the 792
school will be selected in the future; 793
(2) The management and administration of the school; 795
(3) If the community school is a currently existing public 798
school, alternative arrangements for current public school 799
students who choose not to attend the school and teachers who 800
choose not to teach in the school after conversion; 801
(4) The instructional program and educational philosophy 803
of the school; 804
(5) Internal financial controls. 806
(C) A contract entered into under section 3314.02 of the 808
Revised Code between a sponsor and the governing authority of a 810
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 811
authorized to receive such payments as set forth in the contract 812
between the governing authority and the sponsor. 813
Sec. 3314.14. A COMMUNITY SCHOOL, COMMUNITY SCHOOL 816
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE 817
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A 818
COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN 819
INHALER DESCRIBED IN SECTION 3313.716 OF THE REVISED CODE BECAUSE 822
OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS OF 823
20
DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD NOT BEEN SATISFIED. 825
A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING AUTHORITY, OR 826
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 827
ACTION FOR HARM ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 828
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 829
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 830
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 832
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 834
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 835
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 836
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 837
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 838
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 839
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 840
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 841
NOT PRESCRIBED.
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 844
IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY SCHOOL 845
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE ENTITLED 846
TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE REVISED CODE 849
OR UNDER THE COMMON LAW OF THIS STATE. 850
Section 2. That existing sections 3313.64 and 3314.03 of 852
the Revised Code are hereby repealed. 853
Section 3. That Section 50.52.5 of Am. Sub. H.B. 215 of 855
the 122nd General Assembly, as most recently amended by Am. Sub. 857
H.B. 770 of the 122nd General Assembly, be amended to read as 858
follows:
"Sec. 50.52.5. Each contract entered into between a 860
sponsor and the governing authority of a community school shall 861
specify the following: 862
(A) That the school shall be established as a nonprofit 864
corporation established under Chapter 1702. of the Revised Code; 866
(B) The education program of the school, including the 868
school's mission, the characteristics of the students the school 869
21
is expected to attract, the ages and grades of students, and the 870
focus of the curriculum; 871
(C) Performance standards and assessments by which the 873
success of the school will be evaluated by the sponsor, which 874
shall include the statewide proficiency tests; 875
(D) The admission standards of Subsection 8 of this 877
section; 878
(E) Dismissal procedures; 880
(F) The ways by which the school will achieve racial and 882
ethnic balance reflective of the community it serves; 883
(G) Requirements and procedures for financial audits by 886
the Auditor of State. The contract shall require financial 887
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 888
Auditor of State, and the audits shall be conducted in accordance 889
with section 117.10 of the Revised Code. 890
(H) Facilities to be used, their location, and their 892
method of acquisition;
(I) Qualifications of teachers, including a requirement 894
that the school's classroom teachers be certificated in 895
accordance with sections 3319.22 to 3319.31 of the Revised Code, 896
except that a community school may engage noncertificated persons 898
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 899
(J) That the school will comply with the following 901
requirements: 902
(1) The school will provide learning opportunities to a 904
minimum of twenty-five students for a minimum of nine hundred 906
twenty hours per school year;
(2) The governing authority will purchase liability 909
insurance, or otherwise provide for the potential liability of 910
the school;
(3) The school will be nonsectarian in its programs, 913
admission policies, employment practices, and all other 914
22
operations, and will not be operated by a sectarian school or 915
religious institution;
(4) The school will comply with sections 9.90, 9.91, 917
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 919
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 920
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 921
3313.71, 3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 922
3327.10, 4111.17, and 4113.52 and Chapters 102., 117., 1347., 924
2744., 4112., 4123., 4141., and 4167. of the Revised Code as if 926
it were a school district; 927
(5) The school will comply with sections 3313.61 and 929
3313.611 of the Revised Code, except that the requirement in 932
those sections that a person must successfully complete the 933
curriculum in any high school prior to receiving a high school 934
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 936
curriculum specified in Title XXXIII of the Revised Code or any 937
rules of the state board STATE BOARD of education EDUCATION; 938
(6) The school governing authority will submit an annual 940
report of its activities and progress in meeting the goals and 941
standards of division (C) of this subsection and its financial 942
status to the sponsor, the parents of all students enrolled in 943
the school, and the legislative office LEGISLATIVE OFFICE of 945
education oversight EDUCATION OVERSIGHT. The financial statement 947
shall be in such form as shall be prescribed by the Auditor of 948
State.
(K) Arrangements for providing health and other benefits 950
to employees; 951
(L) The length of the contract, which shall not exceed 953
five years nor extend beyond June 30, 2003; 954
(M) The governing authority of the school, which shall be 956
responsible for carrying out the provisions of the contract, and 957
a description of the process by which the governing authority 958
will be selected in the future; 959
23
(N) A financial plan detailing an estimated school budget 961
for each year of the period of the contract and specifying the 962
total estimated per pupil expenditure amount for each such year. 963
The plan shall specify for each year the base formula amount that 965
will be used for purposes of funding calculations under 966
SUBSECTION 10 OF THIS section 3314.08 of the Revised Code. This 967
base formula amount for any year shall not exceed the formula 969
amount defined under division (B) of IN section 3317.02 of the 971
Revised Code.
(O)(1) Requirements and procedures regarding the 973
disposition of employees, equipment, materials, supplies, and 974
facilities of the school in the event the contract is terminated 975
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 978
must close prior to June 30, 2003, the school will be kept open 979
for students to attend until the end of the school year in which 980
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 982
disputes or differences of opinion between the sponsor and the 983
governing authority of the community school. 984
(P) Whether or not the school is to be created by 986
converting all or part of an existing public school and, if it 987
is, specification of any duties or responsibilities of an 988
employer that the board of education that operated the school 989
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 990
employees provided the delegation is not prohibited by a 992
collective bargaining agreement applicable to such employees.; 993
(Q) Any additional details concerning the management and 995
administration of the school; 996
(R) If the proposed community school is a currently 998
existing public school, alternative arrangements, approved by the 1,000
board of education of the school district in which the school is
located, for current public school students who choose not to 1,002
24
attend the school and teachers who choose not to teach in the 1,003
school after conversion;
(S) That the school shall be the custodian of all money 1,005
received during the first full fiscal year of its operation and 1,006
during subsequent years unless another custodian is designated in 1,007
the contract to receive and maintain the first-year revenue." 1,008
Section 4. That existing Section 50.52.5 of Am. Sub. H.B. 1,010
215 of the 122nd General Assembly, as most recently amended by 1,011
Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby 1,012
repealed. 1,013
Section 5. That Section 50.52.6 of Am. Sub. H.B. 215 of 1,015
the 122nd General Assembly be amended to read as follows: 1,016
"Sec. 50.52.6. (A) Except as otherwise specified in this 1,018
section and in the contract between a community school and a 1,020
sponsor, such school is exempt from all state laws and rules 1,021
pertaining to schools, school districts, and boards of education, 1,022
except those laws and rules that grant certain rights to parents.
(B) A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING 1,025
AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES 1,026
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL EMPLOYEE'S 1,027
PROHIBITING A STUDENT FROM USING AN INHALER DESCRIBED IN SECTION 1,028
3313.716 OF THE REVISED CODE BECAUSE OF THE EMPLOYEE'S GOOD FAITH 1,031
BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT 1,032
SECTION HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY 1,033
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT 1,034
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 1,035
PERSON OR PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 1,037
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 1,038
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 1,039
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 1,041
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 1,043
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 1,044
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 1,045
25
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 1,046
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 1,047
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 1,048
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 1,049
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 1,050
NOT PRESCRIBED.
THIS DIVISION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY 1,053
OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY 1,054
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE 1,055
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 1,057
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE." 1,059
Section 6. That existing Section 50.52.6 of Am. Sub. H.B. 1,061
215 of the 122nd General Assembly is hereby repealed. 1,062