As Reported by the Senate Education Committee 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- 14
SENATORS KEARNS-MUMPER
_________________________________________________________________ 16
A B I L L
To amend sections 3313.64 and 3314.03 and to enact 18
sections 3313.716 and 3314.14 of the Revised Code 19
and to amend Section 50.52.5 of Am. Sub. H.B. 215 21
of the 122nd General Assembly, as subsequently 22
amended, and Section 50.52.6 of Am. Sub. H.B. 215 23
of the 122nd General Assembly to permit students
of school districts, community schools, and 24
chartered nonpublic schools to carry asthma 25
inhalers approved by the students' physicians and 26
parents, and to grant immunity to school
districts, community schools, and chartered 27
nonpublic schools and their employees for good 28
faith actions in connection with this permission. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 3313.64 and 3314.03 be amended 33
and sections 3313.716 and 3314.14 of the Revised Code be enacted 34
to read as follows: 35
Sec. 3313.64. (A) As used in this section and in section 44
3313.65 of the Revised Code: 45
(1) "Parent" means either parent, unless the parents are 47
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separated or divorced or their marriage has been dissolved or 48
annulled, in which case "parent" means the parent who is the 49
residential parent and legal custodian of the child. When a 50
child is in the legal custody of a government agency or a person 51
other than the child's natural or adoptive parent, "parent" means 52
the parent with residual parental rights, privileges, and 53
responsibilities. When a child is in the permanent custody of a 54
government agency or a person other than the child's natural or 55
adoptive parent, "parent" means the parent who was divested of 56
parental rights and responsibilities for the care of the child 57
and the right to have the child live with the parent and be the 58
legal custodian of the child and all residual parental rights, 60
privileges, and responsibilities. 61
(2) "Legal custody," "permanent custody," and "residual 63
parental rights, privileges, and responsibilities" have the same 64
meanings as in section 2151.011 of the Revised Code. 65
(3) "School district" or "district" means a city, local, 67
or exempted village school district and excludes any school 68
operated in an institution maintained by the department of youth 69
services. 70
(4) Except as used in division (C)(2) of this section, 72
"home" means a home, institution, family foster home, group home, 73
or other residential facility in this state that receives and 74
cares for children, to which any of the following applies: 75
(a) The home is licensed, certified, or approved for such 77
purpose by the state or is maintained by the department of youth 78
services. 79
(b) The home is operated by a person who is licensed, 81
certified, or approved by the state to operate the home for such 82
purpose. 83
(c) The home accepted the child through a placement by a 85
person licensed, certified, or approved to place a child in such 86
a home by the state. 87
(d) The home is a children's home created under section 89
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5153.21 or 5153.36 of the Revised Code. 90
(5) "Agency" means all of the following: 92
(a) A public children services agency; 94
(b) An organization that holds a certificate issued by the 96
Ohio department of human services in accordance with the 97
requirements of section 5103.03 of the Revised Code and assumes 98
temporary or permanent custody of children through commitment, 99
agreement, or surrender, and places children in family homes for 100
the purpose of adoption; 101
(c) Comparable agencies of other states or countries that 103
have complied with applicable requirements of section 2151.39, or 104
sections 5103.20 to 5103.28 of the Revised Code. 105
(6) A child is placed for adoption if either of the 107
following occurs: 108
(a) An agency to which the child has been permanently 110
committed or surrendered enters into an agreement with a person 111
pursuant to section 5103.06 of the Revised Code for the care and 112
adoption of the child. 113
(b) The child's natural parent places the child pursuant 115
to section 5103.16 of the Revised Code with a person who will 116
care for and adopt the child. 117
(7) "Handicapped preschool child" means a handicapped 119
child, as defined by division (A) of section 3323.01 of the 120
Revised Code, who is at least three years of age but is not of 121
compulsory school age, as defined in section 3321.01 of the 122
Revised Code, and who has not entered kindergarten. 123
(8) "Child," unless otherwise indicated, includes 125
handicapped preschool children. 126
(B) Except as otherwise provided in section 3321.01 of the 128
Revised Code for admittance to kindergarten and first grade, a 129
child who is at least five but under twenty-two years of age and 130
any handicapped preschool child shall be admitted to school as 131
provided in this division. 132
(1) A child shall be admitted to the schools of the school 134
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district in which the child's parent resides. 135
(2) A child who does not reside in the district where the 138
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 140
applies:
(a) The child is in the legal or permanent custody of a 142
government agency or a person other than the child's natural or 144
adoptive parent. 145
(b) The child resides in a home. 147
(c) The child requires special education. 149
(3) A child who is not entitled under division (B)(2) of 151
this section to be admitted to the schools of the district where 152
the child resides and who is residing with a resident of this 153
state with whom the child has been placed for adoption shall be 155
admitted to the schools of the district where the child resides 157
unless either of the following applies: 158
(a) The placement for adoption has been terminated. 160
(b) Another school district is required to admit the child 162
under division (B)(1) of this section. 163
Division (B) of this section does not prohibit the board of 165
education of a school district from placing a handicapped child 166
who resides in the district in a special education program 167
outside of the district or its schools in compliance with Chapter 168
3323. of the Revised Code. 169
(C) A district shall not charge tuition for children 171
admitted under division (B)(1) or (3) of this section. If the 172
district admits a child under division (B)(2) of this section, 173
tuition shall be paid to the district that admits the child as 174
follows: 175
(1) If the child receives special education in accordance 177
with Chapter 3323. of the Revised Code, tuition shall be paid in 178
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 179
of the Revised Code regardless of who has custody of the child or 180
whether the child resides in a home. 181
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(2) Except as otherwise provided in division (C)(2)(d) of 183
this section, if the child is in the permanent or legal custody 184
of a government agency or person other than the child's parent, 185
tuition shall be paid by: 186
(a) The district in which the child's parent resided at 188
the time the court removed the child from home or at the time the 190
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 191
(b) If the parent's residence at the time the court 193
removed the child from home or placed the child in the legal or 195
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 196
at the time the child was removed from home or placed in legal or 198
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 200
division (C)(2)(a) or (b) of this section, tuition shall be paid 201
by the district determined as required by section 2151.357 of the 202
Revised Code by the court at the time it vests custody of the 203
child in the person or government agency. 204
(d) If at the time the court removed the child from home 207
or vested legal or permanent custody of the child in the person 208
or government agency, whichever occurred first, one parent was in 209
a residential or correctional facility or a juvenile residential 210
placement and the other parent, if living and not in such a 211
facility or placement, was not known to reside in this state, 212
tuition shall be paid by the district determined under division 213
(D) of section 3313.65 of the Revised Code as the district 214
required to pay any tuition while the parent was in such facility 215
or placement.
(3) If the child is not in the permanent or legal custody 217
of a government agency or person other than the child's parent 219
and the child resides in a home, tuition shall be paid by one of 220
the following:
(a) The school district in which the child's parent 222
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resides; 223
(b) If the child's parent is not a resident of this state, 225
the home in which the child resides. 226
(D) Tuition required to be paid under divisions (C)(2) and 228
(3)(a) of this section shall be computed in accordance with 229
section 3317.08 of the Revised Code. Tuition required to be paid 230
under division (C)(3)(b) of this section shall be computed in 231
accordance with section 3317.081 of the Revised Code. If a home 232
fails to pay the tuition required by division (C)(3)(b) of this 233
section, the board of education providing the education may 234
recover in a civil action the tuition and the expenses incurred 235
in prosecuting the action, including court costs and reasonable 236
attorney's fees. If the prosecuting attorney or city director of 237
law represents the board in such action, costs and reasonable 238
attorney's fees awarded by the court, based upon the prosecuting 239
attorney's, director's, or one of their designee's time spent 241
preparing and presenting the case, shall be deposited in the 242
county or city general fund. 243
(E) A board of education may enroll a child free of any 245
tuition obligation for a period not to exceed sixty days, on the 246
sworn statement of an adult resident of the district that the 247
resident has initiated legal proceedings for custody of the 249
child.
(F) In the case of any individual entitled to attend 251
school under this division, no tuition shall be charged by the 252
school district of attendance and no other school district shall 253
be required to pay tuition for the individual's attendance. 254
Notwithstanding division (B), (C), or (E) of this section: 255
(1) All persons at least eighteen but under twenty-two 257
years of age who live apart from their parents, support 258
themselves by their own labor, and have not successfully 259
completed the high school curriculum or the individualized 260
education program developed for the person by the high school 261
pursuant to section 3323.08 of the Revised Code, are entitled to 262
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attend school in the district in which they reside. 263
(2) Any child under eighteen years of age who is married 265
is entitled to attend school in the child's district of 266
residence. 267
(3) A child is entitled to attend school in the district 269
in which either of the child's parents is employed if the child 271
has a medical condition that may require emergency medical 272
attention. The parent of a child entitled to attend school under 273
division (F)(3) of this section shall submit to the board of 274
education of the district in which the parent is employed a 275
statement from the child's physician certifying that the child's 276
medical condition may require emergency medical attention. The 277
statement shall be supported by such other evidence as the board 278
may require.
(4) Any child residing with a person other than the 280
child's parent is entitled, for a period not to exceed twelve 282
months, to attend school in the district in which that person 283
resides if the child's parent files an affidavit with the 284
superintendent of the district in which the person with whom the 285
child is living resides stating all of the following: 286
(a) That the parent is serving outside of the state in the 288
armed services of the United States; 289
(b) That the parent intends to reside in the district upon 291
returning to this state; 292
(c) The name and address of the person with whom the child 294
is living while the parent is outside the state. 295
(5) Any child under the age of twenty-two years who, after 297
the death of a parent, resides in a school district other than 298
the district in which the child attended school at the time of 299
the parent's death is entitled to continue to attend school in 300
the district in which the child attended school at the time of 301
the parent's death for the remainder of the school year, subject 302
to approval of that district board. 303
(6) A child under the age of twenty-two years who resides 305
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with a parent who is having a new house built in a school 306
district outside the district where the parent is residing is 307
entitled to attend school for a period of time in the district 308
where the new house is being built. In order to be entitled to 309
such attendance, the parent shall provide the district 310
superintendent with the following: 311
(a) A sworn statement explaining the situation, revealing 313
the location of the house being built, and stating the parent's 314
intention to reside there upon its completion; 315
(b) A statement from the builder confirming that a new 317
house is being built for the parent and that the house is at the 318
location indicated in the parent's statement. 319
(7) A child under the age of twenty-two years residing 321
with a parent who has a contract to purchase a house in a school 322
district outside the district where the parent is residing and 323
who is waiting upon the date of closing of the mortgage loan for 324
the purchase of such house is entitled to attend school for a 325
period of time in the district where the house is being 326
purchased. In order to be entitled to such attendance, the 327
parent shall provide the district superintendent with the 328
following: 329
(a) A sworn statement explaining the situation, revealing 331
the location of the house being purchased, and stating the 332
parent's intent to reside there; 333
(b) A statement from a real estate broker or bank officer 335
confirming that the parent has a contract to purchase the house, 336
that the parent is waiting upon the date of closing of the 337
mortgage loan, and that the house is at the location indicated in 338
the parent's statement. 339
The district superintendent shall establish a period of 341
time not to exceed ninety days during which the child entitled to 342
attend school under division (F)(6) or (7) of this section may 343
attend without tuition obligation. A student attending a school 344
under division (F)(6) or (7) of this section shall be eligible to 345
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participate in interscholastic athletics under the auspices of 346
that school, provided the board of education of the school 347
district where the student's parent resides, by a formal action, 348
releases the student to participate in interscholastic athletics 349
at the school where the student is attending, and provided the 350
student receives any authorization required by a public agency or 351
private organization of which the school district is a member 352
exercising authority over interscholastic sports. 353
(8) A child whose parent is a full-time employee of a 355
city, local, or exempted village school district may be admitted 356
to the schools of the district where the child's parent is 357
employed, provided the board of education establishes such an 359
admission policy by resolution adopted by a majority of its 360
members. Any such policy shall take effect on the first day of 361
the school year and the effective date of any amendment or repeal 362
may not be prior to the first day of the subsequent school year. 363
The policy shall be uniformly applied to all such children and 364
shall provide for the admission of any such child upon request of 365
the parent. No child may be admitted under this policy after the 366
first day of classes of any school year. 367
(9) A child who is with the child's parent under the care 369
of a shelter for victims of domestic violence, as defined in 371
section 3113.33 of the Revised Code, is entitled to attend school 372
free in the district in which the child is with his THE CHILD'S 373
parent, and no other school district shall be required to pay 376
tuition for the child's attendance in that school district. 378
The enrollment of a child in a school district under this 380
division shall not be denied due to a delay in the school 381
district's receipt of any records required under section 3313.672 382
of the Revised Code or any other records required for enrollment. 383
Any days of attendance and any credits earned by a child while 384
enrolled in a school district under this division shall be 385
transferred to and accepted by any school district in which the 386
child subsequently enrolls. The state board of education shall 387
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adopt rules to ensure compliance with this division. 388
(10) Any child under the age of twenty-two years whose 390
parent has moved out of the school district after the 391
commencement of classes in the child's senior year of high school 392
is entitled, subject to the approval of that district board, to 393
attend school in the district in which the child attended school 394
at the time of the parental move for the remainder of the school 395
year and for one additional semester or equivalent term. A 397
district board may also adopt a policy specifying extenuating 398
circumstances under which a student may continue to attend school 399
under division (F)(10) of this section for an additional period 400
of time in order to successfully complete the high school 401
curriculum for the individualized education program developed for 402
the student by the high school pursuant to section 3323.08 of the 403
Revised Code.
(11) As used in this division, "grandparent" means a 405
parent of a parent of a child. A child under the age of 406
twenty-two years who is in the custody of the child's parent, 408
resides with a grandparent, and does not require special 409
education is entitled to attend the schools of the district in 410
which the child's grandparent resides, provided that, prior to 412
such attendance in any school year, the board of education of the 413
school district in which the child's grandparent resides and the 414
board of education of the school district in which the child's 416
parent resides enter into a written agreement specifying that 418
good cause exists for such attendance, describing the nature of 419
this good cause, and consenting to such attendance. 420
In lieu of a consent form signed by a parent, a board of 422
education may request the grandparent of a child attending school 423
in the district in which the grandparent resides pursuant to 424
division (F)(11) of this section to complete any consent form 425
required by the district, including any authorization required by 426
sections 3313.712 and, 3313.713, AND 3313.716 of the Revised 428
Code. Upon request, the grandparent shall complete any consent 429
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form required by the district. A school district shall not incur 430
any liability solely because of its receipt of a consent form 431
from a grandparent in lieu of a parent. 432
Division (F)(11) of this section does not create, and shall 435
not be construed as creating, a new cause of action or 436
substantive legal right against a school district, a member of a 437
board of education, or an employee of a school district. This 438
section does not affect, and shall not be construed as affecting, 439
any immunities from defenses to tort liability created or 440
recognized by Chapter 2744. of the Revised Code for a school 441
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 444
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 446
(C), or (E) of this section provided that, prior to such 448
attendance in any school year, both of the following occur: 449
(a) The superintendent of the district in which the child 451
is entitled to attend school under division (B), (C), or (E) of 454
this section contacts the superintendent of another district for
purposes of this division; 456
(b) The superintendents of both districts enter into a 459
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 461
physical or mental well-being or to deal with other extenuating 462
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 464
student who is not receiving special education under Chapter 465
3323. of the Revised Code and notwithstanding Chapter 3327. of 466
the Revised Code, the board of education of neither school 467
district involved in the agreement is required to provide 468
transportation for the student to and from the school where the 469
student attends.
A student attending a school of a district pursuant to this 471
division shall be allowed to participate in all student 472
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activities, including interscholastic athletics, at the school 473
where the student is attending on the same basis as any student 474
who has always attended the schools of that district while of 475
compulsory school age.
(G) A board of education, after approving admission, may 477
waive tuition for students who will temporarily reside in the 478
district and who are either of the following: 479
(1) Residents or domiciliaries of a foreign nation who 481
request admission as foreign exchange students; 482
(2) Residents or domiciliaries of the United States but 484
not of Ohio who request admission as participants in an exchange 485
program operated by a student exchange organization. 486
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 488
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 489
attend school or participate in a special education program in a 490
school district other than in the district where the child is 491
entitled to attend school under division (B) of this section. 492
(I) This division does not apply to a child receiving 494
special education. 495
A school district required to pay tuition pursuant to 497
division (C)(2) or (3) of this section or section 3313.65 of the 498
Revised Code shall have an amount deducted under division (F) of 500
section 3317.023 of the Revised Code equal to its own tuition 501
rate for the same period of attendance. A school district 502
entitled to receive tuition pursuant to division (C)(2) or (3) of 503
this section or section 3313.65 of the Revised Code shall have an 504
amount credited under division (F) of section 3317.023 of the 506
Revised Code equal to its own tuition rate for the same period of 507
attendance. If the tuition rate credited to the district of 508
attendance exceeds the rate deducted from the district required 509
to pay tuition, the department of education shall pay the 510
district of attendance the difference from amounts deducted from 511
all districts' payments under division (F) of section 3317.023 of 513
the Revised Code but not credited to other school districts under 514
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such division and from appropriations made for such purpose. The 515
treasurer of each school district shall, by the fifteenth day of 516
January and July, furnish the superintendent of public 517
instruction a report of the names of each child who attended the 518
district's schools under divisions (C)(2) and (3) of this section 519
or section 3313.65 of the Revised Code during the preceding six 520
calendar months, the duration of the attendance of those 521
children, the school district responsible for tuition on behalf 522
of the child, and any other information that the superintendent 523
requires. 524
Upon receipt of the report the superintendent, pursuant to 526
division (F) of section 3317.023 of the Revised Code, shall 527
deduct each district's tuition obligations under divisions (C)(2) 528
and (3) of this section or section 3313.65 of the Revised Code 529
and pay to the district of attendance that amount plus any amount 530
required to be paid by the state. 531
(J) In the event of a disagreement, the superintendent of 533
public instruction shall determine the school district in which 534
the parent resides. 535
(K) Nothing in this section requires or authorizes, or 537
shall be construed to require or authorize, the admission to a 538
public school in this state of a pupil who has been permanently 539
excluded from public school attendance by the superintendent of 540
public instruction pursuant to sections 3301.121 and 3313.662 of 541
the Revised Code. 542
Sec. 3313.716. (A) NOTWITHSTANDING SECTION 3313.713 OF 545
THE REVISED CODE OR ANY POLICY ADOPTED UNDER THAT SECTION, A 548
STUDENT OF A SCHOOL OPERATED BY A CITY, LOCAL, EXEMPTED VILLAGE, 549
OR JOINT VOCATIONAL SCHOOL DISTRICT OR A STUDENT OF A CHARTERED 550
NONPUBLIC SCHOOL MAY POSSESS AND USE A METERED DOSE INHALER OR A 551
DRY POWDER INHALER TO ALLEVIATE ASTHMATIC SYMPTOMS, OR BEFORE 552
EXERCISE TO PREVENT THE ONSET OF ASTHMATIC SYMPTOMS, IF BOTH OF 553
THE FOLLOWING CONDITIONS ARE SATISFIED: 554
(1) THE STUDENT HAS THE WRITTEN APPROVAL OF THE STUDENT'S 556
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PHYSICIAN AND, IF THE STUDENT IS A MINOR, THE WRITTEN APPROVAL OF 558
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 559
THE STUDENT. THE PHYSICIAN'S WRITTEN APPROVAL SHALL INCLUDE AT 561
LEAST ALL OF THE FOLLOWING INFORMATION:
(a) THE STUDENT'S NAME AND ADDRESS; 563
(b) THE NAMES AND DOSE OF THE MEDICATION CONTAINED IN THE 565
INHALER; 566
(c) THE DATE THE ADMINISTRATION OF THE MEDICATION IS TO 568
BEGIN; 569
(d) THE DATE, IF KNOWN, THAT THE ADMINISTRATION OF THE 571
MEDICATION IS TO CEASE; 573
(e) WRITTEN INSTRUCTIONS THAT OUTLINE PROCEDURES SCHOOL 575
PERSONNEL SHOULD FOLLOW IN THE EVENT THAT THE ASTHMA MEDICATION 576
DOES NOT PRODUCE THE EXPECTED RELIEF FROM THE STUDENT'S ASTHMA 577
ATTACK;
(f) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO THE 580
CHILD USING THE INHALER AND THAT SHOULD BE REPORTED TO THE 581
PHYSICIAN;
(g) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO ANOTHER 583
CHILD, FOR WHOM THE INHALER IS NOT PRESCRIBED, SHOULD SUCH A 584
CHILD RECEIVE A DOSE OF THE MEDICATION; 585
(h) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 587
THE PHYSICIAN IN AN EMERGENCY; 588
(i) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 590
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 591
THE STUDENT IN AN EMERGENCY; 592
(j) ANY OTHER SPECIAL INSTRUCTIONS FROM THE PHYSICIAN. 594
(2) THE SCHOOL PRINCIPAL AND, IF A SCHOOL NURSE IS 596
ASSIGNED TO THE STUDENT'S SCHOOL BUILDING, THE SCHOOL NURSE HAS 597
RECEIVED COPIES OF THE WRITTEN APPROVALS REQUIRED BY DIVISION 599
(A)(1) OF THIS SECTION.
IF THESE CONDITIONS ARE SATISFIED, THE STUDENT MAY POSSESS 601
AND USE THE INHALER AT SCHOOL OR AT ANY ACTIVITY, EVENT, OR 602
PROGRAM SPONSORED BY OR IN WHICH THE STUDENT'S SCHOOL IS A 603
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PARTICIPANT. 604
(B)(1) A SCHOOL DISTRICT, MEMBER OF A SCHOOL DISTRICT 607
BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE IN 608
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 609
PROPERTY ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S PROHIBITING 610
A STUDENT FROM USING AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD 611
FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 613
THIS SECTION HAD NOT BEEN SATISFIED. A SCHOOL DISTRICT, MEMBER 614
OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT 615
EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 616
DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARISING FROM A 617
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER 618
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 619
OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD BEEN SATISFIED. 621
FURTHERMORE, WHEN A SCHOOL DISTRICT IS REQUIRED BY THIS SECTION 623
TO PERMIT A STUDENT TO POSSESS AND USE AN INHALER BECAUSE THE 624
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAVE BEEN 625
SATISFIED, THE SCHOOL DISTRICT, ANY MEMBER OF THE SCHOOL DISTRICT 626
BOARD OF EDUCATION, OR ANY SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE 627
IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON 628
OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER BY A 629
STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 630
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 634
IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, MEMBER OF A SCHOOL 635
DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE MAY BE
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 637
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE. 639
(2) A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, DIRECTOR, 642
OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A CIVIL 643
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 644
ARISING FROM A SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING 645
AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 646
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD NOT 648
BEEN SATISFIED. A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, 649
16
DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A 650
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 651
ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S PERMITTING A STUDENT 652
TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF 653
THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION 654
HAD BEEN SATISFIED. FURTHERMORE, WHEN A CHARTERED NONPUBLIC 656
SCHOOL IS REQUIRED BY THIS SECTION TO PERMIT A STUDENT TO POSSESS 657
AND USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND 658
(2) OF THIS SECTION HAVE BEEN SATISFIED, THE CHARTERED NONPUBLIC 659
SCHOOL OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT 660
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 661
PERSON OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER 662
BY A STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 663
Sec. 3314.03. (A) Each contract entered into under 672
section 3314.02 of the Revised Code between a sponsor and the 673
governing authority of a community school shall specify the 674
following:
(1) That the school shall be established as a nonprofit 676
corporation established under Chapter 1702. of the Revised Code; 677
(2) The education program of the school, including the 679
school's mission, the characteristics of the students the school 680
is expected to attract, the ages and grades of students, and the 681
focus of the curriculum; 682
(3) The academic goals to be achieved and the method of 684
measurement that will be used to determine progress toward those 685
goals, which shall include the statewide proficiency tests; 686
(4) Performance standards by which the success of the 688
school will be evaluated by the sponsor; 689
(5) The admission standards of section 3314.06 of the 691
Revised Code; 692
(6) Dismissal procedures; 694
(7) The ways by which the school will achieve racial and 696
ethnic balance reflective of the community it serves; 697
(8) Requirements and procedures for financial audits by 700
17
the auditor of state. The contract shall require financial
records of the school to be maintained in the same manner as are 703
financial records of school districts, pursuant to rules of the 704
auditor of state, and the audits shall be conducted in accordance 705
with section 117.10 of the Revised Code.
(9) The facility to be used and its location; 707
(10) Qualifications of teachers, including a requirement 709
that the school's classroom teachers be licensed in accordance 710
with sections 3319.22 to 3319.31 of the Revised Code, except that 711
a community school may engage noncertificated persons to teach up 712
to twelve hours per week pursuant to section 3319.301 of the 713
Revised Code;
(11) That the school will comply with the following 715
requirements: 716
(a) The school will provide learning opportunities to a 718
minimum of twenty-five students for a minimum of nine hundred 720
twenty hours per school year;
(b) The governing authority will purchase liability 723
insurance, or otherwise provide for the potential liability of 724
the school;
(c) The school will be nonsectarian in its programs, 727
admission policies, employment practices, and all other 728
operations, and will not be operated by a sectarian school or 729
religious institution;
(d) The school will comply with sections 9.90, 9.91, 731
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 733
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 734
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 735
3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 736
4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 737
4123., 4141., and 4167. of the Revised Code as if it were a 738
school district;
(e) The school shall comply with Chapter 102. of the 740
Revised Code except that nothing in that chapter shall prohibit a 741
18
member of the school's governing board from also being an 742
employee of the school and nothing in that chapter or section 743
2921.42 of the Revised Code shall prohibit a member of the 744
school's governing board from having an interest in a contract 745
into which the governing board enters; 746
(f) The school will comply with sections 3313.61 and 748
3313.611 of the Revised Code, except that the requirement in 750
those sections that a person must successfully complete the 751
curriculum in any high school prior to receiving a high school 752
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 754
curriculum specified in Title XXXIII of the Revised Code or any 755
rules of the state board of education;
(g) The school governing authority will submit an annual 757
report of its activities and progress in meeting the goals and 758
standards of divisions (A)(3) and (4) of this section and its 759
financial status to the sponsor, the parents of all students 760
enrolled in the school, and the legislative office of education 761
oversight.
(12) Arrangements for providing health and other benefits 763
to employees; 764
(13) The length of the contract, which shall begin at the 766
beginning of an academic year and shall not exceed five years; 767
(14) The governing authority of the school, which shall be 769
responsible for carrying out the provisions of the contract; 770
(15) A financial plan detailing an estimated school budget 772
for each year of the period of the contract and specifying the 773
total estimated per pupil expenditure amount for each such year. 774
The plan shall specify for each year the base formula amount that 776
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 777
year shall not exceed the formula amount defined under section 778
3317.02 of the Revised Code. The plan may also specify for any 780
year a percentage figure to be used for reducing the per pupil
19
amount of disadvantaged pupil impact aid calculated pursuant to 781
section 3317.029 of the Revised Code the school is to receive 783
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 785
of employees of the school in the event the contract is 786
terminated or not renewed pursuant to section 3314.07 of the 787
Revised Code;
(17) Whether the school is to be created by converting all 790
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 791
any duties or responsibilities of an employer that the board of 792
education that operated the school before conversion is 793
delegating to the governing board of the community school with 794
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 795
applicable to such employees; 796
(18) Provisions establishing procedures for resolving 798
disputes or differences of opinion between the sponsor and the 799
governing authority of the community school. 800
(B) The community school shall also submit to the sponsor 802
a comprehensive plan for the school. The plan shall specify the 804
following:
(1) The process by which the governing authority of the 806
school will be selected in the future; 807
(2) The management and administration of the school; 809
(3) If the community school is a currently existing public 812
school, alternative arrangements for current public school 813
students who choose not to attend the school and teachers who 814
choose not to teach in the school after conversion; 815
(4) The instructional program and educational philosophy 817
of the school; 818
(5) Internal financial controls. 820
(C) A contract entered into under section 3314.02 of the 822
Revised Code between a sponsor and the governing authority of a 824
20
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 825
authorized to receive such payments as set forth in the contract 826
between the governing authority and the sponsor. 827
Sec. 3314.14. A COMMUNITY SCHOOL, COMMUNITY SCHOOL 830
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE 831
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A 832
COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN 833
INHALER DESCRIBED IN SECTION 3313.716 OF THE REVISED CODE BECAUSE 836
OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS OF 837
DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD NOT BEEN SATISFIED. 839
A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING AUTHORITY, OR 840
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 841
ACTION FOR HARM ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 842
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 843
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 844
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 846
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 848
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 849
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 850
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 851
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 852
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 853
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 854
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 855
NOT PRESCRIBED.
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 858
IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY SCHOOL 859
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE ENTITLED 860
TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE REVISED CODE 863
OR UNDER THE COMMON LAW OF THIS STATE. 864
Section 2. That existing sections 3313.64 and 3314.03 of 866
the Revised Code are hereby repealed. 867
Section 3. That Section 50.52.5 of Am. Sub. H.B. 215 of 869
21
the 122nd General Assembly, as most recently amended by Am. Sub. 871
H.B. 770 of the 122nd General Assembly, be amended to read as 872
follows:
"Sec. 50.52.5. Each contract entered into between a 874
sponsor and the governing authority of a community school shall 875
specify the following: 876
(A) That the school shall be established as a nonprofit 878
corporation established under Chapter 1702. of the Revised Code; 880
(B) The education program of the school, including the 882
school's mission, the characteristics of the students the school 883
is expected to attract, the ages and grades of students, and the 884
focus of the curriculum; 885
(C) Performance standards and assessments by which the 887
success of the school will be evaluated by the sponsor, which 888
shall include the statewide proficiency tests; 889
(D) The admission standards of Subsection 8 of this 891
section; 892
(E) Dismissal procedures; 894
(F) The ways by which the school will achieve racial and 896
ethnic balance reflective of the community it serves; 897
(G) Requirements and procedures for financial audits by 900
the Auditor of State. The contract shall require financial 901
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 902
Auditor of State, and the audits shall be conducted in accordance 903
with section 117.10 of the Revised Code. 904
(H) Facilities to be used, their location, and their 906
method of acquisition;
(I) Qualifications of teachers, including a requirement 908
that the school's classroom teachers be certificated in 909
accordance with sections 3319.22 to 3319.31 of the Revised Code, 910
except that a community school may engage noncertificated persons 912
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 913
22
(J) That the school will comply with the following 915
requirements: 916
(1) The school will provide learning opportunities to a 918
minimum of twenty-five students for a minimum of nine hundred 920
twenty hours per school year;
(2) The governing authority will purchase liability 923
insurance, or otherwise provide for the potential liability of 924
the school;
(3) The school will be nonsectarian in its programs, 927
admission policies, employment practices, and all other 928
operations, and will not be operated by a sectarian school or 929
religious institution;
(4) The school will comply with sections 9.90, 9.91, 931
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 933
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 934
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 935
3313.71, 3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 936
3327.10, 4111.17, and 4113.52 and Chapters 102., 117., 1347., 938
2744., 4112., 4123., 4141., and 4167. of the Revised Code as if 940
it were a school district; 941
(5) The school will comply with sections 3313.61 and 943
3313.611 of the Revised Code, except that the requirement in 946
those sections that a person must successfully complete the 947
curriculum in any high school prior to receiving a high school 948
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 950
curriculum specified in Title XXXIII of the Revised Code or any 951
rules of the state board STATE BOARD of education EDUCATION; 952
(6) The school governing authority will submit an annual 954
report of its activities and progress in meeting the goals and 955
standards of division (C) of this subsection and its financial 956
status to the sponsor, the parents of all students enrolled in 957
the school, and the legislative office LEGISLATIVE OFFICE of 959
education oversight EDUCATION OVERSIGHT. The financial statement 961
23
shall be in such form as shall be prescribed by the Auditor of 962
State.
(K) Arrangements for providing health and other benefits 964
to employees; 965
(L) The length of the contract, which shall not exceed 967
five years nor extend beyond June 30, 2003; 968
(M) The governing authority of the school, which shall be 970
responsible for carrying out the provisions of the contract, and 971
a description of the process by which the governing authority 972
will be selected in the future; 973
(N) A financial plan detailing an estimated school budget 975
for each year of the period of the contract and specifying the 976
total estimated per pupil expenditure amount for each such year. 977
The plan shall specify for each year the base formula amount that 979
will be used for purposes of funding calculations under 980
SUBSECTION 10 OF THIS section 3314.08 of the Revised Code. This 981
base formula amount for any year shall not exceed the formula 983
amount defined under division (B) of IN section 3317.02 of the 985
Revised Code.
(O)(1) Requirements and procedures regarding the 987
disposition of employees, equipment, materials, supplies, and 988
facilities of the school in the event the contract is terminated 989
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 992
must close prior to June 30, 2003, the school will be kept open 993
for students to attend until the end of the school year in which 994
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 996
disputes or differences of opinion between the sponsor and the 997
governing authority of the community school. 998
(P) Whether or not the school is to be created by 1,000
converting all or part of an existing public school and, if it 1,001
is, specification of any duties or responsibilities of an 1,002
employer that the board of education that operated the school 1,003
24
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 1,004
employees provided the delegation is not prohibited by a 1,006
collective bargaining agreement applicable to such employees.; 1,007
(Q) Any additional details concerning the management and 1,009
administration of the school; 1,010
(R) If the proposed community school is a currently 1,012
existing public school, alternative arrangements, approved by the 1,014
board of education of the school district in which the school is
located, for current public school students who choose not to 1,016
attend the school and teachers who choose not to teach in the 1,017
school after conversion;
(S) That the school shall be the custodian of all money 1,019
received during the first full fiscal year of its operation and 1,020
during subsequent years unless another custodian is designated in 1,021
the contract to receive and maintain the first-year revenue." 1,022
Section 4. That existing Section 50.52.5 of Am. Sub. H.B. 1,024
215 of the 122nd General Assembly, as most recently amended by 1,025
Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby 1,026
repealed. 1,027
Section 5. That Section 50.52.6 of Am. Sub. H.B. 215 of 1,029
the 122nd General Assembly be amended to read as follows: 1,030
"Sec. 50.52.6. (A) Except as otherwise specified in this 1,032
section and in the contract between a community school and a 1,034
sponsor, such school is exempt from all state laws and rules 1,035
pertaining to schools, school districts, and boards of education, 1,036
except those laws and rules that grant certain rights to parents.
(B) A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING 1,039
AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES 1,040
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL EMPLOYEE'S 1,041
PROHIBITING A STUDENT FROM USING AN INHALER DESCRIBED IN SECTION 1,042
3313.716 OF THE REVISED CODE BECAUSE OF THE EMPLOYEE'S GOOD FAITH 1,045
BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT 1,046
25
SECTION HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY 1,047
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT 1,048
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 1,049
PERSON OR PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 1,051
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 1,052
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 1,053
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 1,055
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 1,057
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 1,058
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 1,059
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 1,060
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 1,061
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 1,062
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 1,063
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 1,064
NOT PRESCRIBED.
THIS DIVISION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY 1,067
OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY 1,068
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE 1,069
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 1,071
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE." 1,073
Section 6. That existing Section 50.52.6 of Am. Sub. H.B. 1,075
215 of the 122nd General Assembly is hereby repealed. 1,076