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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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