As Passed by the Senate 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-GARDNER-WHITE-WACHTMANN-JOHNSON-
McLIN-DiDONATO-NEIN-HAGAN-FINGERHUT-DRAKE-SPADA- 15
ARMBRUSTER-ESPY-PRENTISS 16
_________________________________________________________________ 18
A B I L L
To amend sections 3313.64 and 3314.03 and to enact 20
sections 3313.716 and 3314.14 of the Revised Code 21
and to amend Section 50.52.5 of Am. Sub. H.B. 215 23
of the 122nd General Assembly, as subsequently 24
amended, and Section 50.52.6 of Am. Sub. H.B. 215 25
of the 122nd General Assembly to permit students
of school districts, community schools, and 26
chartered nonpublic schools to carry asthma 27
inhalers approved by the students' physicians and 28
parents, and to grant immunity to school
districts, community schools, and chartered 29
nonpublic schools and their employees for good 30
faith actions in connection with this permission. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 3313.64 and 3314.03 be amended 35
and sections 3313.716 and 3314.14 of the Revised Code be enacted 36
to read as follows: 37
Sec. 3313.64. (A) As used in this section and in section 46
2
3313.65 of the Revised Code: 47
(1) "Parent" means either parent, unless the parents are 49
separated or divorced or their marriage has been dissolved or 50
annulled, in which case "parent" means the parent who is the 51
residential parent and legal custodian of the child. When a 52
child is in the legal custody of a government agency or a person 53
other than the child's natural or adoptive parent, "parent" means 54
the parent with residual parental rights, privileges, and 55
responsibilities. When a child is in the permanent custody of a 56
government agency or a person other than the child's natural or 57
adoptive parent, "parent" means the parent who was divested of 58
parental rights and responsibilities for the care of the child 59
and the right to have the child live with the parent and be the 60
legal custodian of the child and all residual parental rights, 62
privileges, and responsibilities. 63
(2) "Legal custody," "permanent custody," and "residual 65
parental rights, privileges, and responsibilities" have the same 66
meanings as in section 2151.011 of the Revised Code. 67
(3) "School district" or "district" means a city, local, 69
or exempted village school district and excludes any school 70
operated in an institution maintained by the department of youth 71
services. 72
(4) Except as used in division (C)(2) of this section, 74
"home" means a home, institution, family foster home, group home, 75
or other residential facility in this state that receives and 76
cares for children, to which any of the following applies: 77
(a) The home is licensed, certified, or approved for such 79
purpose by the state or is maintained by the department of youth 80
services. 81
(b) The home is operated by a person who is licensed, 83
certified, or approved by the state to operate the home for such 84
purpose. 85
(c) The home accepted the child through a placement by a 87
person licensed, certified, or approved to place a child in such 88
3
a home by the state. 89
(d) The home is a children's home created under section 91
5153.21 or 5153.36 of the Revised Code. 92
(5) "Agency" means all of the following: 94
(a) A public children services agency; 96
(b) An organization that holds a certificate issued by the 98
Ohio department of human services in accordance with the 99
requirements of section 5103.03 of the Revised Code and assumes 100
temporary or permanent custody of children through commitment, 101
agreement, or surrender, and places children in family homes for 102
the purpose of adoption; 103
(c) Comparable agencies of other states or countries that 105
have complied with applicable requirements of section 2151.39, or 106
sections 5103.20 to 5103.28 of the Revised Code. 107
(6) A child is placed for adoption if either of the 109
following occurs: 110
(a) An agency to which the child has been permanently 112
committed or surrendered enters into an agreement with a person 113
pursuant to section 5103.06 of the Revised Code for the care and 114
adoption of the child. 115
(b) The child's natural parent places the child pursuant 117
to section 5103.16 of the Revised Code with a person who will 118
care for and adopt the child. 119
(7) "Handicapped preschool child" means a handicapped 121
child, as defined by division (A) of section 3323.01 of the 122
Revised Code, who is at least three years of age but is not of 123
compulsory school age, as defined in section 3321.01 of the 124
Revised Code, and who has not entered kindergarten. 125
(8) "Child," unless otherwise indicated, includes 127
handicapped preschool children. 128
(B) Except as otherwise provided in section 3321.01 of the 130
Revised Code for admittance to kindergarten and first grade, a 131
child who is at least five but under twenty-two years of age and 132
any handicapped preschool child shall be admitted to school as 133
4
provided in this division. 134
(1) A child shall be admitted to the schools of the school 136
district in which the child's parent resides. 137
(2) A child who does not reside in the district where the 140
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 142
applies:
(a) The child is in the legal or permanent custody of a 144
government agency or a person other than the child's natural or 146
adoptive parent. 147
(b) The child resides in a home. 149
(c) The child requires special education. 151
(3) A child who is not entitled under division (B)(2) of 153
this section to be admitted to the schools of the district where 154
the child resides and who is residing with a resident of this 155
state with whom the child has been placed for adoption shall be 157
admitted to the schools of the district where the child resides 159
unless either of the following applies: 160
(a) The placement for adoption has been terminated. 162
(b) Another school district is required to admit the child 164
under division (B)(1) of this section. 165
Division (B) of this section does not prohibit the board of 167
education of a school district from placing a handicapped child 168
who resides in the district in a special education program 169
outside of the district or its schools in compliance with Chapter 170
3323. of the Revised Code. 171
(C) A district shall not charge tuition for children 173
admitted under division (B)(1) or (3) of this section. If the 174
district admits a child under division (B)(2) of this section, 175
tuition shall be paid to the district that admits the child as 176
follows: 177
(1) If the child receives special education in accordance 179
with Chapter 3323. of the Revised Code, tuition shall be paid in 180
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 181
5
of the Revised Code regardless of who has custody of the child or 182
whether the child resides in a home. 183
(2) Except as otherwise provided in division (C)(2)(d) of 185
this section, if the child is in the permanent or legal custody 186
of a government agency or person other than the child's parent, 187
tuition shall be paid by: 188
(a) The district in which the child's parent resided at 190
the time the court removed the child from home or at the time the 192
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 193
(b) If the parent's residence at the time the court 195
removed the child from home or placed the child in the legal or 197
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 198
at the time the child was removed from home or placed in legal or 200
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 202
division (C)(2)(a) or (b) of this section, tuition shall be paid 203
by the district determined as required by section 2151.357 of the 204
Revised Code by the court at the time it vests custody of the 205
child in the person or government agency. 206
(d) If at the time the court removed the child from home 209
or vested legal or permanent custody of the child in the person 210
or government agency, whichever occurred first, one parent was in 211
a residential or correctional facility or a juvenile residential 212
placement and the other parent, if living and not in such a 213
facility or placement, was not known to reside in this state, 214
tuition shall be paid by the district determined under division 215
(D) of section 3313.65 of the Revised Code as the district 216
required to pay any tuition while the parent was in such facility 217
or placement.
(3) If the child is not in the permanent or legal custody 219
of a government agency or person other than the child's parent 221
and the child resides in a home, tuition shall be paid by one of 222
6
the following:
(a) The school district in which the child's parent 224
resides; 225
(b) If the child's parent is not a resident of this state, 227
the home in which the child resides. 228
(D) Tuition required to be paid under divisions (C)(2) and 230
(3)(a) of this section shall be computed in accordance with 231
section 3317.08 of the Revised Code. Tuition required to be paid 232
under division (C)(3)(b) of this section shall be computed in 233
accordance with section 3317.081 of the Revised Code. If a home 234
fails to pay the tuition required by division (C)(3)(b) of this 235
section, the board of education providing the education may 236
recover in a civil action the tuition and the expenses incurred 237
in prosecuting the action, including court costs and reasonable 238
attorney's fees. If the prosecuting attorney or city director of 239
law represents the board in such action, costs and reasonable 240
attorney's fees awarded by the court, based upon the prosecuting 241
attorney's, director's, or one of their designee's time spent 243
preparing and presenting the case, shall be deposited in the 244
county or city general fund. 245
(E) A board of education may enroll a child free of any 247
tuition obligation for a period not to exceed sixty days, on the 248
sworn statement of an adult resident of the district that the 249
resident has initiated legal proceedings for custody of the 251
child.
(F) In the case of any individual entitled to attend 253
school under this division, no tuition shall be charged by the 254
school district of attendance and no other school district shall 255
be required to pay tuition for the individual's attendance. 256
Notwithstanding division (B), (C), or (E) of this section: 257
(1) All persons at least eighteen but under twenty-two 259
years of age who live apart from their parents, support 260
themselves by their own labor, and have not successfully 261
completed the high school curriculum or the individualized 262
7
education program developed for the person by the high school 263
pursuant to section 3323.08 of the Revised Code, are entitled to 264
attend school in the district in which they reside. 265
(2) Any child under eighteen years of age who is married 267
is entitled to attend school in the child's district of 268
residence. 269
(3) A child is entitled to attend school in the district 271
in which either of the child's parents is employed if the child 273
has a medical condition that may require emergency medical 274
attention. The parent of a child entitled to attend school under 275
division (F)(3) of this section shall submit to the board of 276
education of the district in which the parent is employed a 277
statement from the child's physician certifying that the child's 278
medical condition may require emergency medical attention. The 279
statement shall be supported by such other evidence as the board 280
may require.
(4) Any child residing with a person other than the 282
child's parent is entitled, for a period not to exceed twelve 284
months, to attend school in the district in which that person 285
resides if the child's parent files an affidavit with the 286
superintendent of the district in which the person with whom the 287
child is living resides stating all of the following: 288
(a) That the parent is serving outside of the state in the 290
armed services of the United States; 291
(b) That the parent intends to reside in the district upon 293
returning to this state; 294
(c) The name and address of the person with whom the child 296
is living while the parent is outside the state. 297
(5) Any child under the age of twenty-two years who, after 299
the death of a parent, resides in a school district other than 300
the district in which the child attended school at the time of 301
the parent's death is entitled to continue to attend school in 302
the district in which the child attended school at the time of 303
the parent's death for the remainder of the school year, subject 304
8
to approval of that district board. 305
(6) A child under the age of twenty-two years who resides 307
with a parent who is having a new house built in a school 308
district outside the district where the parent is residing is 309
entitled to attend school for a period of time in the district 310
where the new house is being built. In order to be entitled to 311
such attendance, the parent shall provide the district 312
superintendent with the following: 313
(a) A sworn statement explaining the situation, revealing 315
the location of the house being built, and stating the parent's 316
intention to reside there upon its completion; 317
(b) A statement from the builder confirming that a new 319
house is being built for the parent and that the house is at the 320
location indicated in the parent's statement. 321
(7) A child under the age of twenty-two years residing 323
with a parent who has a contract to purchase a house in a school 324
district outside the district where the parent is residing and 325
who is waiting upon the date of closing of the mortgage loan for 326
the purchase of such house is entitled to attend school for a 327
period of time in the district where the house is being 328
purchased. In order to be entitled to such attendance, the 329
parent shall provide the district superintendent with the 330
following: 331
(a) A sworn statement explaining the situation, revealing 333
the location of the house being purchased, and stating the 334
parent's intent to reside there; 335
(b) A statement from a real estate broker or bank officer 337
confirming that the parent has a contract to purchase the house, 338
that the parent is waiting upon the date of closing of the 339
mortgage loan, and that the house is at the location indicated in 340
the parent's statement. 341
The district superintendent shall establish a period of 343
time not to exceed ninety days during which the child entitled to 344
attend school under division (F)(6) or (7) of this section may 345
9
attend without tuition obligation. A student attending a school 346
under division (F)(6) or (7) of this section shall be eligible to 347
participate in interscholastic athletics under the auspices of 348
that school, provided the board of education of the school 349
district where the student's parent resides, by a formal action, 350
releases the student to participate in interscholastic athletics 351
at the school where the student is attending, and provided the 352
student receives any authorization required by a public agency or 353
private organization of which the school district is a member 354
exercising authority over interscholastic sports. 355
(8) A child whose parent is a full-time employee of a 357
city, local, or exempted village school district may be admitted 358
to the schools of the district where the child's parent is 359
employed, provided the board of education establishes such an 361
admission policy by resolution adopted by a majority of its 362
members. Any such policy shall take effect on the first day of 363
the school year and the effective date of any amendment or repeal 364
may not be prior to the first day of the subsequent school year. 365
The policy shall be uniformly applied to all such children and 366
shall provide for the admission of any such child upon request of 367
the parent. No child may be admitted under this policy after the 368
first day of classes of any school year. 369
(9) A child who is with the child's parent under the care 371
of a shelter for victims of domestic violence, as defined in 373
section 3113.33 of the Revised Code, is entitled to attend school 374
free in the district in which the child is with his THE CHILD'S 375
parent, and no other school district shall be required to pay 378
tuition for the child's attendance in that school district. 380
The enrollment of a child in a school district under this 382
division shall not be denied due to a delay in the school 383
district's receipt of any records required under section 3313.672 384
of the Revised Code or any other records required for enrollment. 385
Any days of attendance and any credits earned by a child while 386
enrolled in a school district under this division shall be 387
10
transferred to and accepted by any school district in which the 388
child subsequently enrolls. The state board of education shall 389
adopt rules to ensure compliance with this division. 390
(10) Any child under the age of twenty-two years whose 392
parent has moved out of the school district after the 393
commencement of classes in the child's senior year of high school 394
is entitled, subject to the approval of that district board, to 395
attend school in the district in which the child attended school 396
at the time of the parental move for the remainder of the school 397
year and for one additional semester or equivalent term. A 399
district board may also adopt a policy specifying extenuating 400
circumstances under which a student may continue to attend school 401
under division (F)(10) of this section for an additional period 402
of time in order to successfully complete the high school 403
curriculum for the individualized education program developed for 404
the student by the high school pursuant to section 3323.08 of the 405
Revised Code.
(11) As used in this division, "grandparent" means a 407
parent of a parent of a child. A child under the age of 408
twenty-two years who is in the custody of the child's parent, 410
resides with a grandparent, and does not require special 411
education is entitled to attend the schools of the district in 412
which the child's grandparent resides, provided that, prior to 414
such attendance in any school year, the board of education of the 415
school district in which the child's grandparent resides and the 416
board of education of the school district in which the child's 418
parent resides enter into a written agreement specifying that 420
good cause exists for such attendance, describing the nature of 421
this good cause, and consenting to such attendance. 422
In lieu of a consent form signed by a parent, a board of 424
education may request the grandparent of a child attending school 425
in the district in which the grandparent resides pursuant to 426
division (F)(11) of this section to complete any consent form 427
required by the district, including any authorization required by 428
11
sections 3313.712 and, 3313.713, AND 3313.716 of the Revised 430
Code. Upon request, the grandparent shall complete any consent 431
form required by the district. A school district shall not incur 432
any liability solely because of its receipt of a consent form 433
from a grandparent in lieu of a parent. 434
Division (F)(11) of this section does not create, and shall 437
not be construed as creating, a new cause of action or 438
substantive legal right against a school district, a member of a 439
board of education, or an employee of a school district. This 440
section does not affect, and shall not be construed as affecting, 441
any immunities from defenses to tort liability created or 442
recognized by Chapter 2744. of the Revised Code for a school 443
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 446
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 448
(C), or (E) of this section provided that, prior to such 450
attendance in any school year, both of the following occur: 451
(a) The superintendent of the district in which the child 453
is entitled to attend school under division (B), (C), or (E) of 456
this section contacts the superintendent of another district for
purposes of this division; 458
(b) The superintendents of both districts enter into a 461
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 463
physical or mental well-being or to deal with other extenuating 464
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 466
student who is not receiving special education under Chapter 467
3323. of the Revised Code and notwithstanding Chapter 3327. of 468
the Revised Code, the board of education of neither school 469
district involved in the agreement is required to provide 470
transportation for the student to and from the school where the 471
student attends.
12
A student attending a school of a district pursuant to this 473
division shall be allowed to participate in all student 474
activities, including interscholastic athletics, at the school 475
where the student is attending on the same basis as any student 476
who has always attended the schools of that district while of 477
compulsory school age.
(G) A board of education, after approving admission, may 479
waive tuition for students who will temporarily reside in the 480
district and who are either of the following: 481
(1) Residents or domiciliaries of a foreign nation who 483
request admission as foreign exchange students; 484
(2) Residents or domiciliaries of the United States but 486
not of Ohio who request admission as participants in an exchange 487
program operated by a student exchange organization. 488
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 490
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 491
attend school or participate in a special education program in a 492
school district other than in the district where the child is 493
entitled to attend school under division (B) of this section. 494
(I) This division does not apply to a child receiving 496
special education. 497
A school district required to pay tuition pursuant to 499
division (C)(2) or (3) of this section or section 3313.65 of the 500
Revised Code shall have an amount deducted under division (F) of 502
section 3317.023 of the Revised Code equal to its own tuition 503
rate for the same period of attendance. A school district 504
entitled to receive tuition pursuant to division (C)(2) or (3) of 505
this section or section 3313.65 of the Revised Code shall have an 506
amount credited under division (F) of section 3317.023 of the 508
Revised Code equal to its own tuition rate for the same period of 509
attendance. If the tuition rate credited to the district of 510
attendance exceeds the rate deducted from the district required 511
to pay tuition, the department of education shall pay the 512
district of attendance the difference from amounts deducted from 513
13
all districts' payments under division (F) of section 3317.023 of 515
the Revised Code but not credited to other school districts under 516
such division and from appropriations made for such purpose. The 517
treasurer of each school district shall, by the fifteenth day of 518
January and July, furnish the superintendent of public 519
instruction a report of the names of each child who attended the 520
district's schools under divisions (C)(2) and (3) of this section 521
or section 3313.65 of the Revised Code during the preceding six 522
calendar months, the duration of the attendance of those 523
children, the school district responsible for tuition on behalf 524
of the child, and any other information that the superintendent 525
requires. 526
Upon receipt of the report the superintendent, pursuant to 528
division (F) of section 3317.023 of the Revised Code, shall 529
deduct each district's tuition obligations under divisions (C)(2) 530
and (3) of this section or section 3313.65 of the Revised Code 531
and pay to the district of attendance that amount plus any amount 532
required to be paid by the state. 533
(J) In the event of a disagreement, the superintendent of 535
public instruction shall determine the school district in which 536
the parent resides. 537
(K) Nothing in this section requires or authorizes, or 539
shall be construed to require or authorize, the admission to a 540
public school in this state of a pupil who has been permanently 541
excluded from public school attendance by the superintendent of 542
public instruction pursuant to sections 3301.121 and 3313.662 of 543
the Revised Code. 544
Sec. 3313.716. (A) NOTWITHSTANDING SECTION 3313.713 OF 547
THE REVISED CODE OR ANY POLICY ADOPTED UNDER THAT SECTION, A 550
STUDENT OF A SCHOOL OPERATED BY A CITY, LOCAL, EXEMPTED VILLAGE, 551
OR JOINT VOCATIONAL SCHOOL DISTRICT OR A STUDENT OF A CHARTERED 552
NONPUBLIC SCHOOL MAY POSSESS AND USE A METERED DOSE INHALER OR A 553
DRY POWDER INHALER TO ALLEVIATE ASTHMATIC SYMPTOMS, OR BEFORE 554
EXERCISE TO PREVENT THE ONSET OF ASTHMATIC SYMPTOMS, IF BOTH OF 555
14
THE FOLLOWING CONDITIONS ARE SATISFIED: 556
(1) THE STUDENT HAS THE WRITTEN APPROVAL OF THE STUDENT'S 558
PHYSICIAN AND, IF THE STUDENT IS A MINOR, THE WRITTEN APPROVAL OF 560
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 561
THE STUDENT. THE PHYSICIAN'S WRITTEN APPROVAL SHALL INCLUDE AT 563
LEAST ALL OF THE FOLLOWING INFORMATION:
(a) THE STUDENT'S NAME AND ADDRESS; 565
(b) THE NAMES AND DOSE OF THE MEDICATION CONTAINED IN THE 567
INHALER; 568
(c) THE DATE THE ADMINISTRATION OF THE MEDICATION IS TO 570
BEGIN; 571
(d) THE DATE, IF KNOWN, THAT THE ADMINISTRATION OF THE 573
MEDICATION IS TO CEASE; 575
(e) WRITTEN INSTRUCTIONS THAT OUTLINE PROCEDURES SCHOOL 577
PERSONNEL SHOULD FOLLOW IN THE EVENT THAT THE ASTHMA MEDICATION 578
DOES NOT PRODUCE THE EXPECTED RELIEF FROM THE STUDENT'S ASTHMA 579
ATTACK;
(f) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO THE 582
CHILD USING THE INHALER AND THAT SHOULD BE REPORTED TO THE 583
PHYSICIAN;
(g) ANY SEVERE ADVERSE REACTIONS THAT MAY OCCUR TO ANOTHER 585
CHILD, FOR WHOM THE INHALER IS NOT PRESCRIBED, SHOULD SUCH A 586
CHILD RECEIVE A DOSE OF THE MEDICATION; 587
(h) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 589
THE PHYSICIAN IN AN EMERGENCY; 590
(i) AT LEAST ONE EMERGENCY TELEPHONE NUMBER FOR CONTACTING 592
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OR CHARGE OF 593
THE STUDENT IN AN EMERGENCY; 594
(j) ANY OTHER SPECIAL INSTRUCTIONS FROM THE PHYSICIAN. 596
(2) THE SCHOOL PRINCIPAL AND, IF A SCHOOL NURSE IS 598
ASSIGNED TO THE STUDENT'S SCHOOL BUILDING, THE SCHOOL NURSE HAS 599
RECEIVED COPIES OF THE WRITTEN APPROVALS REQUIRED BY DIVISION 601
(A)(1) OF THIS SECTION.
IF THESE CONDITIONS ARE SATISFIED, THE STUDENT MAY POSSESS 603
15
AND USE THE INHALER AT SCHOOL OR AT ANY ACTIVITY, EVENT, OR 604
PROGRAM SPONSORED BY OR IN WHICH THE STUDENT'S SCHOOL IS A 605
PARTICIPANT. 606
(B)(1) A SCHOOL DISTRICT, MEMBER OF A SCHOOL DISTRICT 609
BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE IN 610
DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 611
PROPERTY ALLEGEDLY ARISING FROM A DISTRICT EMPLOYEE'S PROHIBITING 612
A STUDENT FROM USING AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD 613
FAITH BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF 615
THIS SECTION HAD NOT BEEN SATISFIED. A SCHOOL DISTRICT, MEMBER 616
OF A SCHOOL DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT 617
EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 618
DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARISING FROM A 619
DISTRICT EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER 620
BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS 621
OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD BEEN SATISFIED. 623
FURTHERMORE, WHEN A SCHOOL DISTRICT IS REQUIRED BY THIS SECTION 625
TO PERMIT A STUDENT TO POSSESS AND USE AN INHALER BECAUSE THE 626
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAVE BEEN 627
SATISFIED, THE SCHOOL DISTRICT, ANY MEMBER OF THE SCHOOL DISTRICT 628
BOARD OF EDUCATION, OR ANY SCHOOL DISTRICT EMPLOYEE IS NOT LIABLE 629
IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON 630
OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER BY A 631
STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 632
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 636
IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, MEMBER OF A SCHOOL 637
DISTRICT BOARD OF EDUCATION, OR SCHOOL DISTRICT EMPLOYEE MAY BE
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 639
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE. 641
(2) A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, DIRECTOR, 644
OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A CIVIL 645
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 646
ARISING FROM A SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING 647
AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 648
16
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION HAD NOT 650
BEEN SATISFIED. A CHARTERED NONPUBLIC SCHOOL OR ANY OFFICER, 651
DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT LIABLE IN DAMAGES IN A 652
CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 653
ALLEGEDLY ARISING FROM A SCHOOL EMPLOYEE'S PERMITTING A STUDENT 654
TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF 655
THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THIS SECTION 656
HAD BEEN SATISFIED. FURTHERMORE, WHEN A CHARTERED NONPUBLIC 658
SCHOOL IS REQUIRED BY THIS SECTION TO PERMIT A STUDENT TO POSSESS 659
AND USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND 660
(2) OF THIS SECTION HAVE BEEN SATISFIED, THE CHARTERED NONPUBLIC 661
SCHOOL OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE SCHOOL IS NOT 662
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 663
PERSON OR PROPERTY ALLEGEDLY ARISING FROM THE USE OF THE INHALER 664
BY A STUDENT FOR WHOM IT WAS NOT PRESCRIBED. 665
Sec. 3314.03. (A) Each contract entered into under 674
section 3314.02 of the Revised Code between a sponsor and the 675
governing authority of a community school shall specify the 676
following:
(1) That the school shall be established as a nonprofit 678
corporation established under Chapter 1702. of the Revised Code; 679
(2) The education program of the school, including the 681
school's mission, the characteristics of the students the school 682
is expected to attract, the ages and grades of students, and the 683
focus of the curriculum; 684
(3) The academic goals to be achieved and the method of 686
measurement that will be used to determine progress toward those 687
goals, which shall include the statewide proficiency tests; 688
(4) Performance standards by which the success of the 690
school will be evaluated by the sponsor; 691
(5) The admission standards of section 3314.06 of the 693
Revised Code; 694
(6) Dismissal procedures; 696
(7) The ways by which the school will achieve racial and 698
17
ethnic balance reflective of the community it serves; 699
(8) Requirements and procedures for financial audits by 702
the auditor of state. The contract shall require financial
records of the school to be maintained in the same manner as are 705
financial records of school districts, pursuant to rules of the 706
auditor of state, and the audits shall be conducted in accordance 707
with section 117.10 of the Revised Code.
(9) The facility to be used and its location; 709
(10) Qualifications of teachers, including a requirement 711
that the school's classroom teachers be licensed in accordance 712
with sections 3319.22 to 3319.31 of the Revised Code, except that 713
a community school may engage noncertificated persons to teach up 714
to twelve hours per week pursuant to section 3319.301 of the 715
Revised Code;
(11) That the school will comply with the following 717
requirements: 718
(a) The school will provide learning opportunities to a 720
minimum of twenty-five students for a minimum of nine hundred 722
twenty hours per school year;
(b) The governing authority will purchase liability 725
insurance, or otherwise provide for the potential liability of 726
the school;
(c) The school will be nonsectarian in its programs, 729
admission policies, employment practices, and all other 730
operations, and will not be operated by a sectarian school or 731
religious institution;
(d) The school will comply with sections 9.90, 9.91, 733
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 735
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 736
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 737
3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 738
4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 739
4123., 4141., and 4167. of the Revised Code as if it were a 740
school district;
18
(e) The school shall comply with Chapter 102. of the 742
Revised Code except that nothing in that chapter shall prohibit a 743
member of the school's governing board from also being an 744
employee of the school and nothing in that chapter or section 745
2921.42 of the Revised Code shall prohibit a member of the 746
school's governing board from having an interest in a contract 747
into which the governing board enters; 748
(f) The school will comply with sections 3313.61 and 750
3313.611 of the Revised Code, except that the requirement in 752
those sections that a person must successfully complete the 753
curriculum in any high school prior to receiving a high school 754
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 756
curriculum specified in Title XXXIII of the Revised Code or any 757
rules of the state board of education;
(g) The school governing authority will submit an annual 759
report of its activities and progress in meeting the goals and 760
standards of divisions (A)(3) and (4) of this section and its 761
financial status to the sponsor, the parents of all students 762
enrolled in the school, and the legislative office of education 763
oversight.
(12) Arrangements for providing health and other benefits 765
to employees; 766
(13) The length of the contract, which shall begin at the 768
beginning of an academic year and shall not exceed five years; 769
(14) The governing authority of the school, which shall be 771
responsible for carrying out the provisions of the contract; 772
(15) A financial plan detailing an estimated school budget 774
for each year of the period of the contract and specifying the 775
total estimated per pupil expenditure amount for each such year. 776
The plan shall specify for each year the base formula amount that 778
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 779
year shall not exceed the formula amount defined under section 780
19
3317.02 of the Revised Code. The plan may also specify for any 782
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 783
section 3317.029 of the Revised Code the school is to receive 785
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 787
of employees of the school in the event the contract is 788
terminated or not renewed pursuant to section 3314.07 of the 789
Revised Code;
(17) Whether the school is to be created by converting all 792
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 793
any duties or responsibilities of an employer that the board of 794
education that operated the school before conversion is 795
delegating to the governing board of the community school with 796
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 797
applicable to such employees; 798
(18) Provisions establishing procedures for resolving 800
disputes or differences of opinion between the sponsor and the 801
governing authority of the community school. 802
(B) The community school shall also submit to the sponsor 804
a comprehensive plan for the school. The plan shall specify the 806
following:
(1) The process by which the governing authority of the 808
school will be selected in the future; 809
(2) The management and administration of the school; 811
(3) If the community school is a currently existing public 814
school, alternative arrangements for current public school 815
students who choose not to attend the school and teachers who 816
choose not to teach in the school after conversion; 817
(4) The instructional program and educational philosophy 819
of the school; 820
(5) Internal financial controls. 822
20
(C) A contract entered into under section 3314.02 of the 824
Revised Code between a sponsor and the governing authority of a 826
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 827
authorized to receive such payments as set forth in the contract 828
between the governing authority and the sponsor. 829
Sec. 3314.14. A COMMUNITY SCHOOL, COMMUNITY SCHOOL 832
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE 833
IN DAMAGES IN A CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM A 834
COMMUNITY SCHOOL EMPLOYEE'S PROHIBITING A STUDENT FROM USING AN 835
INHALER DESCRIBED IN SECTION 3313.716 OF THE REVISED CODE BECAUSE 838
OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS OF 839
DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD NOT BEEN SATISFIED. 841
A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING AUTHORITY, OR 842
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 843
ACTION FOR HARM ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 844
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 845
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 846
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 848
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 850
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 851
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 852
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 853
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 854
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 855
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 856
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 857
NOT PRESCRIBED.
THIS SECTION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY OTHER 860
IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY SCHOOL 861
GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE ENTITLED 862
TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE REVISED CODE 865
OR UNDER THE COMMON LAW OF THIS STATE. 866
Section 2. That existing sections 3313.64 and 3314.03 of 868
21
the Revised Code are hereby repealed. 869
Section 3. That Section 50.52.5 of Am. Sub. H.B. 215 of 871
the 122nd General Assembly, as most recently amended by Am. Sub. 873
H.B. 770 of the 122nd General Assembly, be amended to read as 874
follows:
"Sec. 50.52.5. Each contract entered into between a 876
sponsor and the governing authority of a community school shall 877
specify the following: 878
(A) That the school shall be established as a nonprofit 880
corporation established under Chapter 1702. of the Revised Code; 882
(B) The education program of the school, including the 884
school's mission, the characteristics of the students the school 885
is expected to attract, the ages and grades of students, and the 886
focus of the curriculum; 887
(C) Performance standards and assessments by which the 889
success of the school will be evaluated by the sponsor, which 890
shall include the statewide proficiency tests; 891
(D) The admission standards of Subsection 8 of this 893
section; 894
(E) Dismissal procedures; 896
(F) The ways by which the school will achieve racial and 898
ethnic balance reflective of the community it serves; 899
(G) Requirements and procedures for financial audits by 902
the Auditor of State. The contract shall require financial 903
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 904
Auditor of State, and the audits shall be conducted in accordance 905
with section 117.10 of the Revised Code. 906
(H) Facilities to be used, their location, and their 908
method of acquisition;
(I) Qualifications of teachers, including a requirement 910
that the school's classroom teachers be certificated in 911
accordance with sections 3319.22 to 3319.31 of the Revised Code, 912
except that a community school may engage noncertificated persons 914
22
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 915
(J) That the school will comply with the following 917
requirements: 918
(1) The school will provide learning opportunities to a 920
minimum of twenty-five students for a minimum of nine hundred 922
twenty hours per school year;
(2) The governing authority will purchase liability 925
insurance, or otherwise provide for the potential liability of 926
the school;
(3) The school will be nonsectarian in its programs, 929
admission policies, employment practices, and all other 930
operations, and will not be operated by a sectarian school or 931
religious institution;
(4) The school will comply with sections 9.90, 9.91, 933
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 935
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 936
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 937
3313.71, 3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 938
3327.10, 4111.17, and 4113.52 and Chapters 102., 117., 1347., 940
2744., 4112., 4123., 4141., and 4167. of the Revised Code as if 942
it were a school district; 943
(5) The school will comply with sections 3313.61 and 945
3313.611 of the Revised Code, except that the requirement in 948
those sections that a person must successfully complete the 949
curriculum in any high school prior to receiving a high school 950
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 952
curriculum specified in Title XXXIII of the Revised Code or any 953
rules of the state board STATE BOARD of education EDUCATION; 954
(6) The school governing authority will submit an annual 956
report of its activities and progress in meeting the goals and 957
standards of division (C) of this subsection and its financial 958
status to the sponsor, the parents of all students enrolled in 959
23
the school, and the legislative office LEGISLATIVE OFFICE of 961
education oversight EDUCATION OVERSIGHT. The financial statement 963
shall be in such form as shall be prescribed by the Auditor of 964
State.
(K) Arrangements for providing health and other benefits 966
to employees; 967
(L) The length of the contract, which shall not exceed 969
five years nor extend beyond June 30, 2003; 970
(M) The governing authority of the school, which shall be 972
responsible for carrying out the provisions of the contract, and 973
a description of the process by which the governing authority 974
will be selected in the future; 975
(N) A financial plan detailing an estimated school budget 977
for each year of the period of the contract and specifying the 978
total estimated per pupil expenditure amount for each such year. 979
The plan shall specify for each year the base formula amount that 981
will be used for purposes of funding calculations under 982
SUBSECTION 10 OF THIS section 3314.08 of the Revised Code. This 983
base formula amount for any year shall not exceed the formula 985
amount defined under division (B) of IN section 3317.02 of the 987
Revised Code.
(O)(1) Requirements and procedures regarding the 989
disposition of employees, equipment, materials, supplies, and 990
facilities of the school in the event the contract is terminated 991
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 994
must close prior to June 30, 2003, the school will be kept open 995
for students to attend until the end of the school year in which 996
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 998
disputes or differences of opinion between the sponsor and the 999
governing authority of the community school. 1,000
(P) Whether or not the school is to be created by 1,002
converting all or part of an existing public school and, if it 1,003
24
is, specification of any duties or responsibilities of an 1,004
employer that the board of education that operated the school 1,005
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 1,006
employees provided the delegation is not prohibited by a 1,008
collective bargaining agreement applicable to such employees.; 1,009
(Q) Any additional details concerning the management and 1,011
administration of the school; 1,012
(R) If the proposed community school is a currently 1,014
existing public school, alternative arrangements, approved by the 1,016
board of education of the school district in which the school is
located, for current public school students who choose not to 1,018
attend the school and teachers who choose not to teach in the 1,019
school after conversion;
(S) That the school shall be the custodian of all money 1,021
received during the first full fiscal year of its operation and 1,022
during subsequent years unless another custodian is designated in 1,023
the contract to receive and maintain the first-year revenue." 1,024
Section 4. That existing Section 50.52.5 of Am. Sub. H.B. 1,026
215 of the 122nd General Assembly, as most recently amended by 1,027
Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby 1,028
repealed. 1,029
Section 5. That Section 50.52.6 of Am. Sub. H.B. 215 of 1,031
the 122nd General Assembly be amended to read as follows: 1,032
"Sec. 50.52.6. (A) Except as otherwise specified in this 1,034
section and in the contract between a community school and a 1,036
sponsor, such school is exempt from all state laws and rules 1,037
pertaining to schools, school districts, and boards of education, 1,038
except those laws and rules that grant certain rights to parents.
(B) A COMMUNITY SCHOOL, COMMUNITY SCHOOL GOVERNING 1,041
AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES 1,042
IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL EMPLOYEE'S 1,043
PROHIBITING A STUDENT FROM USING AN INHALER DESCRIBED IN SECTION 1,044
25
3313.716 OF THE REVISED CODE BECAUSE OF THE EMPLOYEE'S GOOD FAITH 1,047
BELIEF THAT THE CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT 1,048
SECTION HAD NOT BEEN SATISFIED. A COMMUNITY SCHOOL, COMMUNITY 1,049
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE IS NOT 1,050
LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO 1,051
PERSON OR PROPERTY ALLEGEDLY ARISING FROM A COMMUNITY SCHOOL 1,053
EMPLOYEE'S PERMITTING A STUDENT TO USE AN INHALER DESCRIBED IN 1,054
THAT SECTION BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE 1,055
CONDITIONS OF DIVISIONS (A)(1) AND (2) OF THAT SECTION HAD BEEN 1,057
SATISFIED. FURTHERMORE, WHEN A COMMUNITY SCHOOL IS REQUIRED IN 1,059
ACCORDANCE WITH THAT SECTION TO PERMIT A STUDENT TO POSSESS AND 1,060
USE AN INHALER BECAUSE THE CONDITIONS OF DIVISIONS (A)(1) AND (2) 1,061
OF THAT SECTION HAVE BEEN SATISFIED, THE COMMUNITY SCHOOL, ANY 1,062
MEMBER OF THE COMMUNITY SCHOOL GOVERNING AUTHORITY, OR ANY 1,063
COMMUNITY SCHOOL EMPLOYEE IS NOT LIABLE IN DAMAGES IN A CIVIL 1,064
ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY 1,065
ARISING FROM THE USE OF THE INHALER BY A STUDENT FOR WHOM IT WAS 1,066
NOT PRESCRIBED.
THIS DIVISION DOES NOT ELIMINATE, LIMIT, OR REDUCE ANY 1,069
OTHER IMMUNITY OR DEFENSE THAT A COMMUNITY SCHOOL, COMMUNITY 1,070
SCHOOL GOVERNING AUTHORITY, OR COMMUNITY SCHOOL EMPLOYEE MAY BE 1,071
ENTITLED TO UNDER CHAPTER 2744. OR ANY OTHER PROVISION OF THE 1,073
REVISED CODE OR UNDER THE COMMON LAW OF THIS STATE." 1,075
Section 6. That existing Section 50.52.6 of Am. Sub. H.B. 1,077
215 of the 122nd General Assembly is hereby repealed. 1,078