As Reported by House Education Committee               1            

123rd General Assembly                                             4            

   Regular Session                               Sub. S. B. No. 1  5            

      1999-2000                                                    6            


    SENATORS GARDNER-KEARNS-OELSLAGER-CUPP-MUMPER-SCHAFRATH-       8            

PRENTISS-DRAKE-WATTS-RAY-LATTA-CARNES-ARMBRUSTER-WHITE-HOTTINGER-  9            

             HERINGTON-SPADA-LATELL- REPRESENTATIVES               11           

        CALVERT-CALLENDER-ROMAN-PETERSON-WINKLER-HARRIS-                        

                    FLANNERY-GARDNER-BRADING                       12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 2901.01, 2903.13, 2917.11,          15           

                2923.122, 2923.161, 2929.14, 3313.613, 3313.66,    16           

                3313.661, 3313.664, 3321.13, 3365.03, 3365.04,     17           

                and 4507.061 and to enact sections 2941.143,       18           

                3313.536, 3318.031, and 3365.041 of the Revised    19           

                Code to require each school district board of      20           

                education to adopt a comprehensive school safety                

                plan for each building in the district; to         21           

                require the Ohio School Facilities Commission to   22           

                consider student and staff safety when reviewing                

                design plans for classroom facility construction   23           

                projects; to define "school safety zone" for       24           

                purposes of the Criminal Code; to substitute                    

                "school safety zone" for "school," "school         25           

                premises," and similar terms used to define        26           

                certain offenses or enhance their penalties; to                 

                enhance the penalty for any felony of the first,   27           

                second, or third degree that is an offense of      28           

                violence and is committed in a school safety zone  29           

                or towards a person in a school safety zone; to                 

                require a school district superintendent to expel  31           

                a pupil who has committed an act warranting                     

                expulsion even if the pupil withdraws from the     34           

                school before the superintendent has conducted an  35           

                                                          2      


                                                                 
                expulsion hearing or has made the decision to      36           

                expel the pupil; to permit a school district       38           

                board to adopt a policy authorizing the                         

                superintendent to expel for up to one year any     39           

                pupil who has committed an act at school or on     40           

                other school property that is a criminal offense   41           

                if committed by an adult and that results in                    

                serious physical harm to either persons or         42           

                property; to permit school districts to deny high  44           

                school credit for college courses taken during an  45           

                expulsion and colleges to withdraw their                        

                acceptance of expelled students under the          46           

                Post-Secondary Enrollment Options Program; to      47           

                prohibit a student from having a driver's license  48           

                or permit if the student has been disciplined by                

                a school district for misconduct involving a       49           

                weapon; and to make other revisions to the school  51           

                discipline laws.                                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        53           

      Section 1.  That sections 2901.01, 2903.13, 2917.11,         55           

2923.122, 2923.161, 2929.14, 3313.613, 3313.66, 3313.661,          56           

3313.664, 3321.13, 3365.03, 3365.04, and 4507.061 be amended and   57           

sections 2941.143, 3313.536, 3318.031, and 3365.041 of the         58           

Revised Code be enacted to read as follows:                        59           

      Sec. 2901.01.  (A)  As used in the Revised Code:             68           

      (1)  "Force" means any violence, compulsion, or constraint   70           

physically exerted by any means upon or against a person or        71           

thing.                                                             72           

      (2)  "Deadly force" means any force that carries a           74           

substantial risk that it will proximately result in the death of   75           

any person.                                                        76           

      (3)  "Physical harm to persons" means any injury, illness,   78           

                                                          3      


                                                                 
or other physiological impairment, regardless of its gravity or    79           

duration.                                                          80           

      (4)  "Physical harm to property" means any tangible or       82           

intangible damage to property that, in any degree, results in      83           

loss to its value or interferes with its use or enjoyment.         84           

"Physical harm to property" does not include wear and tear         85           

occasioned by normal use.                                          86           

      (5)  "Serious physical harm to persons" means any of the     88           

following:                                                         89           

      (a)  Any mental illness or condition of such gravity as      91           

would normally require hospitalization or prolonged psychiatric    92           

treatment;                                                         93           

      (b)  Any physical harm that carries a substantial risk of    95           

death;                                                             96           

      (c)  Any physical harm that involves some permanent          98           

incapacity, whether partial or total, or that involves some        99           

temporary, substantial incapacity;                                 100          

      (d)  Any physical harm that involves some permanent          102          

disfigurement or that involves some temporary, serious             103          

disfigurement;                                                     104          

      (e)  Any physical harm that involves acute pain of such      106          

duration as to result in substantial suffering or that involves    107          

any degree of prolonged or intractable pain.                       108          

      (6)  "Serious physical harm to property" means any physical  110          

harm to property that does either of the following:                111          

      (a)  Results in substantial loss to the value of the         113          

property or requires a substantial amount of time, effort, or      114          

money to repair or replace;                                        115          

      (b)  Temporarily prevents the use or enjoyment of the        117          

property or substantially interferes with its use or enjoyment     118          

for an extended period of time.                                    119          

      (7)  "Risk" means a significant possibility, as contrasted   121          

with a remote possibility, that a certain result may occur or      122          

that certain circumstances may exist.                              123          

                                                          4      


                                                                 
      (8)  "Substantial risk" means a strong possibility, as       125          

contrasted with a remote or significant possibility, that a        126          

certain result may occur or that certain circumstances may exist.  127          

      (9)  "Offense of violence" means any of the following:       129          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       131          

2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,    132          

2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02,     133          

2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03,     134          

2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of     135          

division (A)(1), (2), or (3) of section 2911.12 of the Revised     136          

Code or felonious sexual penetration in violation of former        137          

section 2907.12 of the Revised Code;                               138          

      (b)  A violation of an existing or former municipal          140          

ordinance or law of this or any other state or the United States,  141          

substantially equivalent to any section, division, or offense      143          

listed in division (A)(9)(a) of this section;                      144          

      (c)  An offense, other than a traffic offense, under an      146          

existing or former municipal ordinance or law of this or any       147          

other state or the United States, committed purposely or           148          

knowingly, and involving physical harm to persons or a risk of     149          

serious physical harm to persons;                                  150          

      (d)  A conspiracy or attempt to commit, or complicity in     152          

committing, any offense under division (A)(9)(a), (b), or (c) of   154          

this section.                                                                   

      (10)(a)  "Property" means any property, real or personal,    157          

tangible or intangible, and any interest or license in that        158          

property.  "Property" includes, but is not limited to, cable                    

television service, other telecommunications service,              159          

telecommunications devices, information service, computers, data,  160          

computer software, financial instruments associated with           162          

computers, other documents associated with computers, or copies    163          

of the documents, whether in machine or human readable form,       164          

trade secrets, trademarks, copyrights, patents, and property       165          

protected by a trademark, copyright, or patent.  "Financial        166          

                                                          5      


                                                                 
instruments associated with computers" include, but are not        167          

limited to, checks, drafts, warrants, money orders, notes of       168          

indebtedness, certificates of deposit, letters of credit, bills    169          

of credit or debit cards, financial transaction authorization      170          

mechanisms, marketable securities, or any computer system          171          

representations of any of them.                                    172          

      (b)  As used in division (A)(10) of this section, "trade     175          

secret" has the same meaning as in section 1333.61 of the Revised  176          

Code, and "telecommunications . service" and "information          177          

service" have the same meanings as in section 2913.01 of the       179          

Revised Code.                                                                   

      (c)  As used in divisions (A)(10) and (13) of this section,  182          

"cable television service," "computer," "computer software,"       183          

"computer system," "computer network," "data," and                 184          

"telecommunications device" have the same meanings as in section   185          

2913.01 of the Revised Code.                                                    

      (11)  "Law enforcement officer" means any of the following:  187          

      (a)  A sheriff, deputy sheriff, constable, police officer    189          

of a township or joint township police district, marshal, deputy   190          

marshal, municipal police officer, member of a police force        191          

employed by a metropolitan housing authority under division (D)    192          

of section 3735.31 of the Revised Code, or state highway patrol    193          

trooper;                                                           194          

      (b)  An officer, agent, or employee of the state or any of   196          

its agencies, instrumentalities, or political subdivisions, upon   197          

whom, by statute, a duty to conserve the peace or to enforce all   198          

or certain laws is imposed and the authority to arrest violators   199          

is conferred, within the limits of that statutory duty and         200          

authority;                                                         201          

      (c)  A mayor, in the mayor's capacity as chief conservator   203          

of the peace within the mayor's municipal corporation;             204          

      (d)  A member of an auxiliary police force organized by      206          

county, township, or municipal law enforcement authorities,        207          

within the scope of the member's appointment or commission;        208          

                                                          6      


                                                                 
      (e)  A person lawfully called pursuant to section 311.07 of  210          

the Revised Code to aid a sheriff in keeping the peace, for the    211          

purposes and during the time when the person is called;            212          

      (f)  A person appointed by a mayor pursuant to section       214          

737.01 of the Revised Code as a special patrolling officer during  216          

riot or emergency, for the purposes and during the time when the   217          

person is appointed;                                                            

      (g)  A member of the organized militia of this state or the  219          

armed forces of the United States, lawfully called to duty to aid  220          

civil authorities in keeping the peace or protect against          221          

domestic violence;                                                 222          

      (h)  A prosecuting attorney, assistant prosecuting           224          

attorney, secret service officer, or municipal prosecutor;         225          

      (i)  An Ohio veterans' home police officer appointed under   227          

section 5907.02 of the Revised Code;                               228          

      (j)  A member of a police force employed by a regional       230          

transit authority under division (Y) of section 306.35 of the      231          

Revised Code.                                                                   

      (12)  "Privilege" means an immunity, license, or right       233          

conferred by law, bestowed by express or implied grant, arising    235          

out of status, position, office, or relationship, or growing out   236          

of necessity.                                                                   

      (13)  "Contraband" means any property described in the       238          

following categories:                                              239          

      (a)  Property that in and of itself is unlawful for a        241          

person to acquire or possess;                                      242          

      (b)  Property that is not in and of itself unlawful for a    244          

person to acquire or possess, but that has been determined by a    245          

court of this state, in accordance with law, to be contraband      246          

because of its use in an unlawful activity or manner, of its       247          

nature, or of the circumstances of the person who acquires or      248          

possesses it, including, but not limited to, goods and personal    249          

property described in division (D) of section 2913.34 of the       250          

Revised Code;                                                                   

                                                          7      


                                                                 
      (c)  Property that is specifically stated to be contraband   252          

by a section of the Revised Code or by an ordinance, regulation,   253          

or resolution;                                                     254          

      (d)  Property that is forfeitable pursuant to a section of   256          

the Revised Code, or an ordinance, regulation, or resolution,      257          

including, but not limited to, forfeitable firearms, dangerous     258          

ordnance, obscene materials, and goods and personal property       260          

described in division (D) of section 2913.34 of the Revised Code;               

      (e)  Any controlled substance, as defined in section         262          

3719.01 of the Revised Code, or any device, paraphernalia, money   263          

as defined in section 1301.01 of the Revised Code, or other means  264          

of exchange that has been, is being, or is intended to be used in  265          

an attempt or conspiracy to violate, or in a violation of,         266          

Chapter 2925. or 3719. of the Revised Code;                        267          

      (f)  Any gambling device, paraphernalia, money as defined    269          

in section 1301.01 of the Revised Code, or other means of          270          

exchange that has been, is being, or is intended to be used in an  271          

attempt or conspiracy to violate, or in the violation of, Chapter  272          

2915. of the Revised Code;                                         273          

      (g)  Any equipment, machine, device, apparatus, vehicle,     275          

vessel, container, liquid, or substance that has been, is being,   276          

or is intended to be used in an attempt or conspiracy to violate,  277          

or in the violation of, any law of this state relating to alcohol  278          

or tobacco;                                                        279          

      (h)  Any personal property that has been, is being, or is    281          

intended to be used in an attempt or conspiracy to commit, or in   282          

the commission of, any offense or in the transportation of the     283          

fruits of any offense;                                             284          

      (i)  Any property that is acquired through the sale or       286          

other transfer of contraband or through the proceeds of            287          

contraband, other than by a court or a law enforcement agency      288          

acting within the scope of its duties;                             289          

      (j)  Any computer, computer system, computer network,        291          

computer software, or other telecommunications device that is      292          

                                                          8      


                                                                 
used in a conspiracy to commit, an attempt to commit, or the       294          

commission of any offense, if the owner of the computer, computer  295          

system, computer network, computer software, or other              296          

telecommunications device is convicted of or pleads guilty to the  297          

offense in which it is used.                                                    

      (14)  A person is "not guilty by reason of insanity"         299          

relative to a charge of an offense only if the person proves, in   300          

the manner specified in section 2901.05 of the Revised Code, that  301          

at the time of the commission of the offense, the person did not   302          

know, as a result of a severe mental disease or defect, the        303          

wrongfulness of the person's acts.                                 304          

      (B)(1)(a)  Subject to division (B)(2) of this section, as    307          

used in any section contained in Title XXIX of the Revised Code    308          

that sets forth a criminal offense, "person" includes all of the   309          

following:                                                                      

      (i)  An individual, corporation, business trust, estate,     311          

trust, partnership, and association;                               312          

      (ii)  An unborn human who is viable.                         314          

      (b)  As used in any section contained in Title XXIX of the   317          

Revised Code that does not set forth a criminal offense, "person"  318          

includes an individual, corporation, business trust, estate,       319          

trust, partnership, and association.                                            

      (c)  As used in division (B)(1)(a) of this section:          321          

      (i)  "Unborn human" means an individual organism of the      323          

species homo sapiens from fertilization until live birth.          324          

      (ii)  "Viable" means the stage of development of a human     327          

fetus at which there is a realistic possibility of maintaining                  

and nourishing of a life outside the womb with or without          328          

temporary artificial life-sustaining support.                      329          

      (2)  Notwithstanding division (B)(1)(a) of this section, in  331          

no case shall the portion of the definition of the term "person"   332          

that is set forth in division (B)(1)(a)(ii) of this section be     333          

applied or construed in any section contained in Title XXIX of     334          

the Revised Code that sets forth a criminal offense in any of the  335          

                                                          9      


                                                                 
following manners:                                                              

      (a)  Except as otherwise provided in division (B)(2)(a) of   337          

this section, in a manner so that the offense prohibits or is      338          

construed as prohibiting any pregnant woman or her physician from  339          

performing an abortion with the consent of the pregnant woman,     340          

with the consent of the pregnant woman implied by law in a         341          

medical emergency, or with the approval of one otherwise           342          

authorized by law to consent to medical treatment on behalf of                  

the pregnant woman.  An abortion that violates the conditions      343          

described in the immediately preceding sentence may be punished    344          

as a violation of section 2903.01, 2903.02, 2903.03, 2903.04,      345          

2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13,     346          

2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable.   347          

An abortion that does not violate the conditions described in the  348          

second immediately preceding sentence, but that does violate                    

section 2919.12, division (B) of section 2919.13, section          349          

2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished  350          

as a violation of section 2919.12, division (B) of section         351          

2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised       352          

Code, as applicable.  Consent is sufficient under this division    353          

if it is of the type otherwise adequate to permit medical          354          

treatment to the pregnant woman, even if it does not comply with   355          

section 2919.12 of the Revised Code.                                            

      (b)  In a manner so that the offense is applied or is        358          

construed as applying to a woman based on an act or omission of                 

the woman that occurs while she is or was pregnant and that        359          

results in any of the following:                                   360          

      (i)  Her delivery of a stillborn baby;                       362          

      (ii)  Her causing, in any other manner, the death in utero   365          

of a viable, unborn human that she is carrying;                                 

      (iii)  Her causing the death of her child who is born alive  368          

but who dies from one or more injuries that are sustained while                 

the child is a viable, unborn human;                               369          

      (iv)  Her causing her child who is born alive to sustain     372          

                                                          10     


                                                                 
one or more injuries while the child is a viable, unborn human;                 

      (v)  Her causing, threatening to cause, or attempting to     375          

cause, in any other manner, an injury, illness, or other                        

physiological impairment, regardless of its duration or gravity,   376          

or a mental illness or condition, regardless of its duration or    377          

gravity, to a viable, unborn human that she is carrying.           378          

      (C)  AS USED IN TITLE XXIX OF THE REVISED CODE:              384          

      (1)  "SCHOOL SAFETY ZONE" CONSISTS OF A SCHOOL, SCHOOL       387          

BUILDING, SCHOOL PREMISES, SCHOOL ACTIVITY, AND SCHOOL BUS.        388          

      (2)  "SCHOOL," "SCHOOL BUILDING," AND "SCHOOL PREMISES"      390          

HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE.  391          

      (3)  "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE     393          

AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, EXEMPTED        395          

VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL         396          

DISTRICT, A GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER, OR   397          

THE GOVERNING BODY OF A SCHOOL FOR WHICH THE STATE BOARD OF        398          

EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER SECTION 3301.07 OF    399          

THE REVISED CODE.                                                  400          

      (4)  "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION         402          

4511.01 OF THE REVISED CODE.                                       404          

      Sec. 2903.13.  (A)  No person shall knowingly cause or       413          

attempt to cause physical harm to another or to another's unborn.  414          

      (B)  No person shall recklessly cause serious physical harm  416          

to another or to another's unborn.                                 417          

      (C)  Whoever violates this section is guilty of assault.     419          

Except as otherwise provided in division (C)(1), (2), or (3) of    420          

this section, assault is a misdemeanor of the first degree.        422          

      (1)  Except as otherwise provided in this division, if the   424          

offense is committed by a caretaker against a functionally         426          

impaired person under the caretaker's care, assault is a felony    427          

of the fourth degree.  If the offense is committed by a caretaker  428          

against a functionally impaired person under the caretaker's       429          

care, if the offender previously has been convicted of or pleaded  431          

guilty to a violation of this section or section 2903.11 or        432          

                                                          11     


                                                                 
2903.16 of the Revised Code, and if in relation to the previous    433          

conviction the offender was a caretaker and the victim was a       434          

functionally impaired person under the offender's care, assault    435          

is a felony of the third degree.                                   436          

      (2)  If the offense is committed in any of the following     438          

circumstances, assault is a felony of the fifth degree:            439          

      (a)  The offense occurs in or on the grounds of a state      441          

correctional institution or an institution of the department of    442          

youth services, the victim of the offense is an employee of the    443          

department of rehabilitation and correction, the department of     444          

youth services, or a probation department or is on the premises    445          

of the particular institution for business purposes or as a        446          

visitor, and the offense is committed by a person incarcerated in  447          

the state correctional institution, by a person institutionalized  448          

in the department of youth services institution pursuant to a      449          

commitment to the department of youth services, by a probationer   451          

or parolee, by an offender under transitional control, under a     453          

community control sanction, or on an escorted visit, by a person                

under post-release control, or by an offender under any other      456          

type of supervision by a government agency;.                       457          

      (b)  The offense occurs in or on the grounds of a local      459          

correctional facility, the victim of the offense is an employee    460          

of the local correctional facility or a probation department or    461          

is on the premises of the facility for business purposes or as a   462          

visitor, and the offense is committed by a person who is under     463          

custody in the facility subsequent to the person's arrest for any  464          

crime or delinquent act, subsequent to the person's being charged  466          

with or convicted of any crime, or subsequent to the person's      468          

being alleged to be or adjudicated a delinquent child.             469          

      (c)  The offense occurs off the grounds of a state           471          

correctional institution and off the grounds of an institution of  472          

the department of youth services, the victim of the offense is an  473          

employee of the department of rehabilitation and correction, the   474          

department of youth services, or a probation department, the       475          

                                                          12     


                                                                 
offense occurs during the employee's official work hours and       476          

while the employee is engaged in official work responsibilities,   477          

and the offense is committed by a person incarcerated in a state   479          

correctional institution or institutionalized in the department    480          

of youth services who temporarily is outside of the institution    481          

for any purpose, by a probationer or parolee, by an offender       483          

under transitional control, under a community control sanction,    484          

or on an escorted visit, by a person under post-release control,   485          

or by an offender under any other type of supervision by a         486          

government agency.                                                              

      (d)  The offense occurs off the grounds of a local           488          

correctional facility, the victim of the offense is an employee    489          

of the local correctional facility or a probation department, the  490          

offense occurs during the employee's official work hours and       491          

while the employee is engaged in official work responsibilities,   492          

and the offense is committed by a person who is under custody in   493          

the facility subsequent to the person's arrest for any crime or    494          

delinquent act, subsequent to the person being charged with or     495          

convicted of any crime, or subsequent to the person being alleged  496          

to be or adjudicated a delinquent child and who temporarily is     498          

outside of the facility for any purpose or by a probationer or     499          

parolee, by an offender under transitional control, under a        500          

community control sanction, or on an escorted visit, by a person   501          

under post-release control, or by an offender under any other      502          

type of supervision by a government agency.                        503          

      (e)  The victim of the offense is a school teacher or        505          

administrator or a school bus operator, and the offense occurs IN  506          

A SCHOOL, on school premises, in a school building, on a school    508          

bus, or while the victim is outside of school premises or a        509          

school bus and is ingaged ENGAGED in duties or official                         

responsibilities associated with the victim's employement          511          

EMPLOYMENT or position as a school teacher or administrator or a   513          

school bus operator, including, but not limited to, driving,       514          

accompanying, or chaperoning students at or on class or field                   

                                                          13     


                                                                 
trips, athletic events, or other school extracurricular            515          

activities or functions outide OUTSIDE of school premises.         516          

      (3)  If the victim of the offense is a peace officer, a      518          

fire fighter FIREFIGHTER, or a person performing emergency         519          

medical service, while in the performance of their official        521          

duties, assault is a felony of the fourth degree.                  522          

      (4)  As used in this section:                                524          

      (a)  "Peace officer" has the same meaning as in section      526          

2935.01 of the Revised Code.                                       527          

      (b)  "Fire fighter FIREFIGHTER" has the same meaning as in   529          

section 3937.41 of the Revised Code.                               531          

      (c)  "Emergency medical service" has the same meaning as in  533          

section 4765.01 of the Revised Code.                               534          

      (d)  "Local correctional facility" means a county,           536          

multicounty, municipal, municipal-county, or                       537          

multicounty-municipal jail or workhouse, a minimum security jail   539          

established under section 341.23 or 753.21 of the Revised Code,    540          

or another county, multicounty, municipal, municipal-county, or    541          

multicounty-municipal facility used for the custody of persons     542          

arrested for any crime or delinquent act, persons charged with or  543          

convicted of any crime, or persons alleged to be or adjudicated a  544          

delinquent child.                                                               

      (e)  "Employee of a local correctional facility" means a     546          

person who is an employee of the political subdivision or of one   547          

or more of the affiliated political subdivisions that operates     548          

the local correctional facility and who operates or assists in     549          

the operation of the facility.                                     550          

      (f)  "School," "school building," and "school premises"      552          

have the same meanings as in section 2925.01 of the Revised Code.  554          

      (g)  "School teacher or administrator" means either of the   556          

following:                                                                      

      (i)  A person who is employed in the public schools of the   558          

state under a contract described in section 3319.08 of the         559          

Revised Code in a position in which the person is required to      560          

                                                          14     


                                                                 
have a certificate issued pursuant to sections 3319.22 to          561          

3319.311 of the Revised Code.                                                   

      (ii)  A person who is employed by a nonpublic school for     563          

which the state board of education prescribes minimum standards    564          

under section 3301.07 of the Revised Code and who is certificated  565          

in accordance with section 3301.071 of the Revised Code.           566          

      (h)  "School bus" has the same meaning as in section         568          

4511.01 of the Revised Code.                                       569          

      (i)(g)  "Community control sanction" has the same meaning    571          

as in section 2929.01 of the Revised Code.                         573          

      (j)(h)  "Escorted visit" means an escorted visit granted     575          

under section 2967.27 of the Revised Code.                         576          

      (k)(i)  "Post-release control" and "transitional control"    578          

have the same meanings as in section 2967.01 of the Revised Code.  580          

      Sec. 2917.11.  (A)  No person shall recklessly cause         589          

inconvenience, annoyance, or alarm to another, by doing any of     590          

the following:                                                     591          

      (1)  Engaging in fighting, in threatening harm to persons    593          

or property, or in violent or turbulent behavior;                  594          

      (2)  Making unreasonable noise or an offensively coarse      596          

utterance, gesture, or display, or communicating unwarranted and   597          

grossly abusive language to any person;                            598          

      (3)  Insulting, taunting, or challenging another, under      600          

circumstances in which such conduct is likely to provoke a         601          

violent response;                                                  602          

      (4)  Hindering or preventing the movement of persons on a    604          

public street, road, highway, or right-of-way, or to, from,        605          

within, or upon public or private property, so as to interfere     606          

with the rights of others, and by any act that serves no lawful    608          

and reasonable purpose of the offender;                                         

      (5)  Creating a condition that is physically offensive to    610          

persons or that presents a risk of physical harm to persons or     612          

property, by any act that serves no lawful and reasonable purpose  613          

of the offender.                                                                

                                                          15     


                                                                 
      (B)  No person, while voluntarily intoxicated, shall do      615          

either of the following:                                           616          

      (1)  In a public place or in the presence of two or more     618          

persons, engage in conduct likely to be offensive or to cause      619          

inconvenience, annoyance, or alarm to persons of ordinary          620          

sensibilities, which conduct the offender, if the offender were    622          

not intoxicated, should know is likely to have that effect on      623          

others;                                                            624          

      (2)  Engage in conduct or create a condition that presents   626          

a risk of physical harm to the offender or another, or to the      628          

property of another.                                                            

      (C)  Violation of any statute or ordinance of which an       630          

element is operating a motor vehicle, locomotive, watercraft,      631          

aircraft, or other vehicle while under the influence of alcohol    632          

or any drug of abuse, is not a violation of division (B) of this   633          

section.                                                           634          

      (D)  When to an ordinary observer a person appears to be     636          

intoxicated, it is probable cause to believe that person is        637          

voluntarily intoxicated for purposes of division (B) of this       638          

section.                                                           639          

      (E)  Whoever violates this section is guilty of disorderly   641          

conduct.  Except as otherwise provided in this division,           642          

disorderly conduct is a minor misdemeanor.  If the offender        644          

persists in disorderly conduct after reasonable warning or                      

request to desist or if the offense is committed in the vicinity   645          

of a school OR IN A SCHOOL SAFETY ZONE, disorderly conduct is a    647          

misdemeanor of the fourth degree.                                               

      (F)  As used in this section, "committed in the vicinity of  649          

a school" has the same meaning as in section 2925.01 of the        651          

Revised Code.                                                                   

      Sec. 2923.122.  (A)  No person shall knowingly convey, or    665          

attempt to convey, a deadly weapon or dangerous ordnance onto      667          

school premises, into a school or school building, to a school     668          

activity, or onto a school bus SAFETY ZONE.                        669          

                                                          16     


                                                                 
      (B)  No person shall knowingly possess a deadly weapon or    671          

dangerous ordnance on school premises, in a school or school       672          

building, at a school activity, or on a school bus SAFETY ZONE.    674          

      (C)  No person shall knowingly possess an object on school   677          

premises, in a school or school building, at a school activity,    678          

or on a school bus SAFETY ZONE if both of the following apply:     680          

      (1)  The object is indistinguishable from a firearm,         682          

whether or not the object is capable of being fired.               683          

      (2)  The person indicates that the person possesses the      686          

object and that it is a firearm, or the person knowingly displays  687          

or brandishes the object and indicates that it is a firearm.       688          

      (D)  This section does not apply to officers, agents, or     690          

employees of this or any other state or the United States, or to   691          

law enforcement officers, authorized to carry deadly weapons or    692          

dangerous ordnance and acting within the scope of their duties,    693          

to any security officer employed by a board of education or        694          

governing body of a school during the time that the security       695          

officer is on duty pursuant to that contract of employment, or to  696          

any other person who has written authorization from the board of   697          

education or governing body of a school to convey deadly weapons   698          

or dangerous ordnance onto school premises, into a school or       700          

school building, to a school activity, or onto a school bus                     

SAFETY ZONE or to possess a deadly weapon or dangerous ordnance    702          

on school premises, in a school or school building, at a school    703          

activity, or on a school bus SAFETY ZONE and who conveys or        705          

possesses the deadly weapon or dangerous ordnance in accordance                 

with that authorization.                                           706          

      Division (C) of this section does not apply to premises      709          

upon which home schooling is conducted.  Division (C) of this      710          

section also does not apply to a school administrator, teacher,                 

or employee who possesses an object that is indistinguishable      711          

from a firearm for legitimate school purposes during the course    712          

of employment, a student who uses an object that is                713          

indistinguishable from a firearm under the direction of a school   714          

                                                          17     


                                                                 
administrator, teacher, or employee, or any other person who with               

the express prior approval of a school administrator possesses an  716          

object that is indistinguishable from a firearm for a legitimate                

purpose, including the use of the object in a ceremonial           717          

activity, a play, reenactment, or other dramatic presentation, or  718          

a ROTC activity or another similar use of the object.              719          

      (E)(1)  Whoever violates division (A) or (B) of this         722          

section is guilty of illegal conveyance or possession of a deadly  723          

weapon or dangerous ordnance on IN A school premises SAFETY ZONE.  725          

Except as otherwise provided in this division, illegal conveyance  726          

or possession of a deadly weapon or dangerous ordnance on IN A     728          

school premises SAFETY ZONE is a felony of the fifth degree.  If   729          

the offender previously has been convicted of a violation of this  731          

section, illegal conveyance or possession of a deadly weapon or    733          

dangerous ordnance on IN A school premises SAFETY ZONE is a        734          

felony of the fourth degree.                                       735          

      (2)  Whoever violates division (C) of this section is        737          

guilty of illegal possession of an object indistinguishable from   738          

a firearm on IN A school premises SAFETY ZONE.  Except as          741          

otherwise provided in this division, illegal possession of an      743          

object indistinguishable from a firearm on IN A school premises    744          

SAFETY ZONE is a misdemeanor of the first degree.  If the          745          

offender previously has been convicted of a violation of this      746          

section, illegal possession of an object indistinguishable from a  747          

firearm on IN A school premises SAFETY ZONE is a felony of the     748          

fifth degree.                                                      749          

      (E)(F)(1)  In addition to any other penalty imposed upon a   751          

person who is convicted of or pleads guilty to a violation of      754          

this section and subject to division (E)(F)(2) of this section,    756          

if the offender has not attained nineteen years of age,            757          

regardless of whether the offender is attending or is enrolled in  758          

a school operated by a board of education or for which the state   759          

board of education prescribes minimum standards under section      760          

3301.07 of the Revised Code, the court shall impose upon the       761          

                                                          18     


                                                                 
offender whichever of the following penalties applies:             762          

      (a)  If the offender has been issued a probationary          764          

driver's license, restricted license, driver's license, or         765          

probationary commercial driver's license that then is in effect,   766          

the court shall suspend for a period of not less than twelve       768          

months and not more than thirty-six months that license of the     769          

offender.                                                                       

      (b)  If the offender has been issued a temporary             771          

instruction permit that then is in effect, the court shall revoke  773          

it and deny the offender the issuance of another temporary         774          

instruction permit, and the period of denial shall be for not      775          

less than twelve months and not more than thirty-six months.                    

      (c)  If the offender has been issued a commercial driver's   778          

license temporary instruction permit that then is in effect, the   779          

court shall suspend the offender's driver's license, revoke the    780          

commercial driver's license temporary instruction permit, and      781          

deny the offender the issuance of another commercial driver's      783          

license temporary instruction permit, and the period of            784          

suspension plus the period of denial shall total not less than                  

twelve months and not more than thirty-six months.                 785          

      (d)  If, on the date the court imposes sentence upon the     787          

offender for a violation of this section, the offender has not     790          

been issued any type of license that then is in effect to operate  791          

a motor vehicle in this state or a temporary instruction permit    793          

that then is in effect, the court shall deny the offender the      794          

issuance of a temporary instruction permit for a period of not     795          

less than twelve months and not more than thirty-six months.                    

      (e)  If the offender is not a resident of this state, the    797          

court shall suspend for a period of not less than twelve months    798          

and not more than thirty-six months the nonresident operating      799          

privilege of the offender.                                                      

      (2)  If the offender shows good cause why the court should   801          

not suspend or revoke one of the types of licenses, permits or     802          

privileges specified in division (E)(F)(1) of this section or      804          

                                                          19     


                                                                 
deny the issuance of one of the temporary instruction permits      806          

specified in that division, the court in its discretion may        807          

choose not to impose the suspension, revocation, or denial                      

required in that division.                                         808          

      (F)(G)  As used in this section:                             810          

      (1)  "School," "school building," and "school premises"      812          

have the same meanings as in section 2925.01 of the Revised Code.  813          

      (2)  "School activity" means any activity held under the     815          

auspices of a board of education of a city, local, county,         816          

exempted village, joint vocational, or cooperative education       817          

school district or the governing body of a school for which the    818          

state board of education prescribes minimum standards under        819          

section 3301.07 of the Revised Code.                                            

      (3)  "School bus" has the same meaning as in section         821          

4511.01 of the Revised Code.                                       822          

      (4)  "Object, "OBJECT that is indistinguishable from a       825          

firearm" means an object made, constructed, or altered so that,    827          

to a reasonable person without specialized training in firearms,   828          

the object appears to be a firearm.                                             

      Sec. 2923.161.  (A)  No person, without privilege to do so,  837          

shall knowingly discharge DO EITHER OF THE FOLLOWING:              838          

      (1)  DISCHARGE a firearm at or into an occupied structure    841          

that is a permanent or temporary habitation of any individual or;  842          

      (2)  DISCHARGE A FIREARM AT, IN, OR INTO a school SAFETY     844          

ZONE.                                                                           

      (B)  This section does not apply to any officer, agent, or   846          

employee of this or any other state or the United States, or to    847          

any law enforcement officer, who discharges the firearm while      848          

acting within the scope of the officer's, agent's, or employee's   849          

duties.                                                                         

      (C)  Whoever violates this section is guilty of improperly   851          

discharging a firearm at or into a habitation or IN A school       852          

SAFETY ZONE, a felony of the second degree.                        854          

      (D)  As used in this section, "occupied structure" has the   856          

                                                          20     


                                                                 
same meaning as in section 2909.01 of the Revised Code.            857          

      Sec. 2929.14.  (A)  Except as provided in division (C),      867          

(D)(2), (D)(3), (D)(4), or (G) of this section and except in       868          

relation to an offense for which a sentence of death or life       869          

imprisonment is to be imposed, if the court imposing a sentence    870          

upon an offender for a felony elects or is required to impose a    871          

prison term on the offender pursuant to this chapter and is not    872          

prohibited by division (G)(1) of section 2929.13 of the Revised    873          

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  875          

      (1)  For a felony of the first degree, the prison term       877          

shall be three, four, five, six, seven, eight, nine, or ten        878          

years.                                                             879          

      (2)  For a felony of the second degree, the prison term      881          

shall be two, three, four, five, six, seven, or eight years.       882          

      (3)  For a felony of the third degree, the prison term       884          

shall be one, two, three, four, or five years.                     885          

      (4)  For a felony of the fourth degree, the prison term      887          

shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   888          

fourteen, fifteen, sixteen, seventeen, or eighteen months.         889          

      (5)  For a felony of the fifth degree, the prison term       891          

shall be six, seven, eight, nine, ten, eleven, or twelve months.   893          

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  896          

(G) of this section, in section 2907.02 of the Revised Code, or    897          

in Chapter 2925. of the Revised Code, if the court imposing a      899          

sentence upon an offender for a felony elects or is required to    900          

impose a prison term on the offender and if the offender           901          

previously has not served a prison term, the court shall impose    902          

the shortest prison term authorized for the offense pursuant to    903          

division (A) of this section, unless the court finds on the        904          

record that the shortest prison term will demean the seriousness   905          

of the offender's conduct or will not adequately protect the       906          

public from future crime by the offender or others.                907          

      (C)  Except as provided in division (G) of this section or   909          

                                                          21     


                                                                 
in Chapter 2925. of the Revised Code, the court imposing a         910          

sentence upon an offender for a felony may impose the longest      911          

prison term authorized for the offense pursuant to division (A)    912          

of this section only upon offenders who committed the worst forms  913          

of the offense, upon offenders who pose the greatest likelihood    914          

of committing future crimes, upon certain major drug offenders     915          

under division (D)(3) of this section, and upon certain repeat     916          

violent offenders in accordance with division (D)(2) of this       918          

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    920          

this section, if an offender who is convicted of or pleads guilty  921          

to a felony also is convicted of or pleads guilty to a             922          

specification of the type described in section 2941.144 of the     923          

Revised Code that charges the offender with having a firearm that  925          

is an automatic firearm or that was equipped with a firearm        926          

muffler or silencer on or about the offender's person or under     928          

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     929          

Revised Code that charges the offender with having a firearm on    930          

or about the offender's person or under the offender's control     931          

while committing the offense and displaying the firearm,           933          

brandishing the firearm, indicating that the offender possessed    934          

the firearm, or using it to facilitate the offense, or a           936          

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    938          

or about the offender's person or under the offender's control     939          

while committing the felony, the court, after imposing a prison    940          

term on the offender for the felony under division (A), (D)(2),    942          

or (D)(3) of this section, shall impose an additional prison       943          

term, determined pursuant to this division, that shall not be      944          

reduced pursuant to section 2929.20, section 2967.193, or any      945          

other provision of Chapter 2967. or Chapter 5120. of the Revised   946          

Code.  If the specification is of the type described in section    948          

2941.144 of the Revised Code, the additional prison term shall be  949          

                                                          22     


                                                                 
six years.  If the specification is of the type described in       951          

section 2941.145 of the Revised Code, the additional prison term   953          

shall be three years.  If the specification is of the type         954          

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      956          

than one additional prison term on an offender under this          957          

division for felonies committed as part of the same act or         958          

transaction.  If a court imposes an additional prison term under   959          

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       960          

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       963          

section, if an offender who is convicted of or pleads guilty to a  964          

violation of section 2923.161 of the Revised Code or to a felony   966          

that includes, as an essential element, purposely or knowingly     967          

causing or attempting to cause the death of or physical harm to    968          

another, also is convicted of or pleads guilty to a specification  969          

of the type described in section 2941.146 of the Revised Code      972          

that charges the offender with committing the offense by           973          

discharging a firearm from a motor vehicle, as defined in section  974          

4501.01 of the Revised Code, other than a manufactured home, as    977          

defined in section 4501.01 of the Revised Code, the court, after   979          

imposing a prison term on the offender for the violation of        980          

section 2923.161 of the Revised Code or for the other felony       982          

offense under division (A), (D)(2), or (D)(3) of this section,     983          

shall impose an additional prison term of five years upon the      984          

offender that shall not be reduced pursuant to section 2929.20,    985          

section 2967.193, or any other provision of Chapter 2967. or       986          

Chapter 5120. of the Revised Code.  A court shall not impose more  988          

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         990          

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     991          

also shall impose an additional prison term under division         992          

                                                          23     


                                                                 
(D)(1)(a)(i) of this section relative to the same offense,         993          

provided the criteria specified in that division for imposing an   994          

additional prison term are satisfied relative to the offender and  995          

the offense.                                                                    

      (b)  The court shall not impose any of the additional        997          

prison terms described in division (D)(1)(a) of this section upon  1,000        

an offender for a violation of section 2923.12 or 2923.123 of the  1,001        

Revised Code.  The court shall not impose any of the additional    1,002        

prison terms described in that division upon an offender for a     1,003        

violation of section 2923.13 of the Revised Code unless all of     1,004        

the following apply:                                                            

      (i)  The offender previously has been convicted of           1,007        

aggravated murder, murder, or any felony of the first or second    1,008        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    1,011        

was released from prison or post-release control, whichever is     1,012        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  1,015        

to a felony also is convicted of or pleads guilty to a             1,016        

specification of the type described in section 2941.149 of the     1,017        

Revised Code that the offender is a repeat violent offender, the   1,019        

court shall impose a prison term from the range of terms           1,020        

authorized for the offense under division (A) of this section      1,021        

that may be the longest term in the range and that shall not be    1,022        

reduced pursuant to section 2929.20, section 2967.193, or any      1,024        

other provision of Chapter 2967. or Chapter 5120. of the Revised   1,025        

Code.  If the court finds that the repeat violent offender, in     1,027        

committing the offense, caused any physical harm that carried a    1,028        

substantial risk of death to a person or that involved             1,029        

substantial permanent incapacity or substantial permanent          1,030        

disfigurement of a person, the court shall impose the longest      1,031        

prison term from the range of terms authorized for the offense     1,033        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         1,036        

                                                          24     


                                                                 
violent offender imposes the longest prison term from the range    1,037        

of terms authorized for the offense under division (A) of this     1,038        

section, the court may impose on the offender an additional        1,039        

definite prison term of one, two, three, four, five, six, seven,   1,040        

eight, nine, or ten years if the court finds that both of the      1,041        

following apply with respect to the prison terms imposed on the    1,042        

offender pursuant to division (D)(2)(a) of this section and, if    1,043        

applicable, divisions (D)(1) and (3) of this section:              1,044        

      (i)  The terms so imposed are inadequate to punish the       1,047        

offender and protect the public from future crime, because the     1,048        

applicable factors under section 2929.12 of the Revised Code       1,051        

indicating a greater likelihood of recidivism outweigh the         1,053        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          1,054        

      (ii)  The terms so imposed are demeaning to the seriousness  1,057        

of the offense, because one or more of the factors under section   1,058        

2929.12 of the Revised Code indicating that the offender's         1,059        

conduct is more serious than conduct normally constituting the     1,060        

offense are present, and they outweigh the applicable factors      1,061        

under that section indicating that the offender's conduct is less  1,063        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       1,066        

section 2903.01 or 2907.02 of the Revised Code and the penalty     1,067        

imposed for the violation is life imprisonment or commits a        1,068        

violation of section 2903.02 of the Revised Code, if the offender  1,069        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     1,070        

the Revised Code and that section requires the imposition of a     1,072        

ten-year prison term on the offender or if a court imposing a      1,073        

sentence upon an offender for a felony finds that the offender is  1,074        

guilty of a specification of the type described in section         1,075        

2941.1410 of the Revised Code, that the offender is a major drug   1,076        

offender, is guilty of corrupt activity with the most serious      1,077        

offense in the pattern of corrupt activity being a felony of the   1,078        

first degree, or is guilty of an attempted forcible violation of   1,079        

                                                          25     


                                                                 
section 2907.02 of the Revised Code with the victim being under    1,080        

thirteen years of age and that attempted violation is the felony   1,081        

for which sentence is being imposed, the court shall impose upon   1,082        

the offender for the felony violation a ten-year prison term that  1,083        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  1,085        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   1,088        

division (D)(3)(a) of this section may impose an additional        1,089        

prison term of one, two, three, four, five, six, seven, eight,     1,090        

nine, or ten years, if the court, with respect to the term         1,091        

imposed under division (D)(3)(a) of this section and, if           1,092        

applicable, divisions (D)(1) and (2) of this section, makes both   1,094        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    1,095        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  1,097        

felony OMVI offense and if division (G)(2) of section 2929.13 of   1,099        

the Revised Code requires the sentencing court to impose upon the  1,100        

offender a mandatory prison term, the sentencing court shall       1,101        

impose upon the offender a mandatory prison term in accordance     1,102        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    1,103        

prison term of any duration specified in division (A)(4) of this   1,104        

section minus the sixty days imposed upon the offender as the      1,105        

mandatory prison term.  The total of the additional prison term    1,106        

imposed under division (D)(4) of this section plus the sixty days  1,107        

imposed as the mandatory prison term shall equal one of the        1,108        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     1,109        

division (D)(4) of this section, the offender shall serve the      1,110        

additional prison term after the offender has served the           1,111        

mandatory prison term required for the offense.  The court shall   1,112        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    1,113        

      (E)(1)  If a mandatory prison term is imposed upon an        1,116        

                                                          26     


                                                                 
offender pursuant to division (D)(1)(a) of this section for        1,117        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     1,119        

prison term is imposed upon an offender pursuant to division       1,120        

(D)(1)(b) of this section for committing a felony specified in     1,121        

that division by discharging a firearm from a motor vehicle, the   1,122        

offender shall serve the mandatory prison term consecutively to    1,123        

and prior to the prison term imposed for the underlying felony     1,124        

pursuant to division (A), (D)(2), or (D)(3) of this section or     1,125        

any other section of the Revised Code and consecutively to any     1,126        

other prison term or mandatory prison term previously or           1,128        

subsequently imposed upon the offender.                            1,129        

      (2)  If an offender who is an inmate in a jail, prison, or   1,132        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   1,134        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        1,135        

offender who is an inmate in a jail, prison, or other residential  1,136        

detention facility or is under detention at a detention facility   1,137        

commits another felony while the offender is an escapee in         1,139        

violation of section 2921.34 of the Revised Code, any prison term  1,141        

imposed upon the offender for one of those violations shall be     1,142        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         1,144        

committed that offense and to any other prison term previously or  1,145        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       1,146        

meanings as in section 2921.01 of the Revised Code.                1,147        

      (3)  If a prison term is imposed for a violation of          1,149        

division (B) of section 2911.01 of the Revised Code, the offender  1,151        

shall serve that prison term consecutively to any other prison     1,152        

term.                                                                           

      (4)  If multiple prison terms are imposed on an offender     1,154        

for convictions of multiple offenses, the court may require the    1,155        

                                                          27     


                                                                 
offender to serve the prison terms consecutively if the court      1,156        

finds that the consecutive service is necessary to protect the     1,157        

public from future crime or to punish the offender and that        1,158        

consecutive sentences are not disproportionate to the seriousness  1,159        

of the offender's conduct and to the danger the offender poses to  1,161        

the public, and if the court also finds any of the following:      1,162        

      (a)  The offender committed the multiple offenses while the  1,165        

offender was awaiting trial or sentencing, was under a sanction    1,166        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    1,167        

Revised Code, or was under post-release control for a prior        1,168        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   1,171        

or unusual that no single prison term for any of the offenses      1,172        

committed as part of a single course of conduct adequately         1,173        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              1,175        

demonstrates that consecutive sentences are necessary to protect   1,176        

the public from future crime by the offender.                      1,177        

      (5)  When consecutive prison terms are imposed pursuant to   1,180        

division (E)(1), (2), (3), or (4) of this section, the term to be  1,181        

served is the aggregate of all of the terms so imposed.            1,182        

      (F)  If a court imposes a prison term of a type described    1,185        

in division (B) of section 2967.28 of the Revised Code, it shall   1,186        

include in the sentence a requirement that the offender be         1,187        

subject to a period of post-release control after the offender's   1,188        

release from imprisonment, in accordance with that division.  If   1,189        

a court imposes a prison term of a type described in division (C)  1,190        

of that section, it shall include in the sentence a requirement    1,191        

that the offender be subject to a period of post-release control   1,192        

after the offender's release from imprisonment, in accordance      1,193        

with that division, if the parole board determines that a period   1,194        

of post-release control is necessary.                              1,195        

      (G)  If a person is convicted of or pleads guilty to a       1,197        

sexually violent offense and also is convicted of or pleads        1,198        

                                                          28     


                                                                 
guilty to a sexually violent predator specification that was       1,199        

included in the indictment, count in the indictment, or            1,200        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   1,201        

the Revised Code, and Chapter 2971. of the Revised Code applies    1,202        

regarding the prison term or term of life imprisonment without     1,203        

parole imposed upon the offender and the service of that term of   1,204        

imprisonment.                                                                   

      (H)  If a person who has been convicted of or pleaded        1,206        

guilty to a felony is sentenced to a prison term or term of        1,207        

imprisonment under this section, sections 2929.02 to 2929.06 of    1,208        

the Revised Code, section 2971.03 of the Revised Code, or any      1,209        

other provision of law, section 5120.163 of the Revised Code       1,210        

applies regarding the person while the person is confined in a                  

state correctional institution.                                    1,211        

      (I)  If an offender who is convicted of or pleads guilty to  1,213        

a felony that is an offense of violence also is convicted of or    1,215        

pleads guilty to a specification of the type described in section  1,216        

2941.142 of the Revised Code that charges the offender with        1,217        

having committed the felony while participating in a criminal      1,218        

gang, the court shall impose upon the offender an additional       1,219        

prison term of one, two, or three years.                                        

      (J)  IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO  1,221        

A FELONY OF THE FIRST, SECOND, OR THIRD DEGREE THAT IS AN OFFENSE  1,223        

OF VIOLENCE ALSO IS CONVICTED OF OR PLEADS GUILTY TO A                          

SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.143 OF THE     1,225        

REVISED CODE THAT CHARGES THE OFFENDER WITH HAVING COMMITTED THE   1,227        

FELONY IN A SCHOOL SAFETY ZONE OR TOWARDS A PERSON IN A SCHOOL     1,228        

SAFETY ZONE, THE COURT SHALL IMPOSE UPON THE OFFENDER AN           1,229        

ADDITIONAL PRISON TERM OF TWO YEARS.  THE OFFENDER SHALL SERVE     1,230        

THE ADDITIONAL TWO YEARS CONSECUTIVELY TO AND PRIOR TO THE PRISON               

TERM IMPOSED FOR THE UNDERLYING FELONY.                            1,231        

      Sec. 2941.143.  IMPOSITION OF A SENTENCE BY A COURT          1,234        

PURSUANT TO DIVISION (J) OF SECTION 2929.14 OF THE REVISED CODE    1,236        

                                                          29     


                                                                 
IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE INDICTMENT, OR    1,237        

INFORMATION CHARGING THE FELONY OF THE FIRST, SECOND, OR THIRD     1,238        

DEGREE THAT IS AN OFFENSE OF VIOLENCE SPECIFIES THAT THE OFFENDER  1,241        

COMMITTED THE FELONY IN A SCHOOL SAFETY ZONE OR TOWARDS A PERSON   1,242        

IN A SCHOOL SAFTY ZONE.  THE SPECIFICATION SHALL BE STATED AT THE  1,243        

END OF THE BODY OF THE INDICTMENT, COUNT, OR INFORMATION AND       1,244        

SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:                      1,245        

      "SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).  THE  1,248        

GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING            1,249        

ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT    1,250        

(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY OF THE FIRST,    1,251        

SECOND, OR THIRD DEGREE THAT IS AN OFFENSE OF VIOLENCE IN A        1,252        

SCHOOL SAFETY ZONE OR TOWARDS A PERSON IN A SCHOOL SAFETY ZONE)."  1,253        

      Sec. 3313.536.  THE BOARD OF EDUCATION OF EACH CITY,         1,255        

EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT A          1,256        

COMPREHENSIVE SCHOOL SAFETY PLAN FOR EACH SCHOOL BUILDING UNDER    1,257        

THE BOARD'S CONTROL.  THE BOARD SHALL EXAMINE THE ENVIRONMENTAL    1,258        

CONDITIONS AND OPERATIONS OF EACH BUILDING TO DETERMINE POTENTIAL  1,260        

HAZARDS TO STUDENT AND STAFF SAFETY AND SHALL PROPOSE OPERATING    1,261        

CHANGES TO PROMOTE THE PREVENTION OF POTENTIALLY DANGEROUS         1,262        

PROBLEMS AND CIRCUMSTANCES.  IN DEVELOPING THE PLAN FOR EACH       1,263        

BUILDING, THE BOARD SHALL INVOLVE COMMUNITY LAW ENFORCEMENT AND    1,264        

SAFETY OFFICIALS, PARENTS OF STUDENTS WHO ARE ASSIGNED TO THE      1,265        

BUILDING, AND TEACHERS AND NONTEACHING EMPLOYEES WHO ARE ASSIGNED  1,266        

TO THE BUILDING.  THE BOARD SHALL CONSIDER INCORPORATING           1,268        

REMEDIATION STRATEGIES INTO THE PLAN FOR ANY BUILDING WHERE        1,269        

DOCUMENTED SAFETY PROBLEMS HAVE OCCURRED.                                       

      THE BOARD SHALL INCORPORATE INTO THE PLAN BOTH OF THE        1,271        

FOLLOWING:                                                         1,272        

      (A)  A PROTOCOL FOR ADDRESSING SERIOUS THREATS TO THE        1,275        

SAFETY OF SCHOOL PROPERTY, STUDENTS, EMPLOYEES, OR                 1,276        

ADMINISTRATORS;                                                                 

      (B)  A PROTOCOL FOR RESPONDING TO ANY EMERGENCY EVENTS THAT  1,279        

DO OCCUR AND THAT COMPROMISE THE SAFETY OF SCHOOL PROPERTY,        1,280        

                                                          30     


                                                                 
STUDENTS, EMPLOYEES, OR ADMINISTRATORS.                            1,281        

      EACH PROTOCOL SHALL INCLUDE PROCEDURES DEEMED APPROPRIATE    1,283        

BY THE BOARD FOR RESPONDING TO THREATS AND EMERGENCY EVENTS,       1,284        

RESPECTIVELY, INCLUDING SUCH THINGS AS NOTIFICATION OF             1,285        

APPROPRIATE LAW ENFORCEMENT PERSONNEL, CALLING UPON SPECIFIED      1,286        

EMERGENCY RESPONSE PERSONNEL FOR ASSISTANCE, AND INFORMING         1,287        

PARENTS OF AFFECTED STUDENTS.                                      1,288        

      Sec. 3313.613.  Notwithstanding (A)  EXCEPT AS PROVIDED IN   1,298        

DIVISION (B) OF THIS SECTION, AND NOTWITHSTANDING any other        1,299        

section of the Revised Code, the board of education of any city,   1,301        

exempted village, or local school district that operates a high    1,302        

school shall award high school credit for a course successfully    1,303        

completed outside of regular school hours by a student at an       1,304        

accredited post-secondary institution.  Such course may either be  1,305        

free of charge or paid for by the parent, guardian, or custodian   1,306        

of the student.  High school credit awarded for a course                        

successfully completed under this section shall count toward the   1,307        

graduation requirements and subject area requirements of the       1,308        

school district.  If a course comparable to the course             1,309        

successfully completed under this section is offered by the        1,310        

school district, the district board shall award comparable credit  1,311        

for the completed equivalent course.  If no comparable course is                

offered by the school district, the district board shall grant to  1,312        

the student an appropriate number of credits in a similar subject  1,313        

area.                                                                           

      (B)  THE BOARD OF EDUCATION OF A CITY, LOCAL, OR EXEMPTED    1,315        

VILLAGE SCHOOL DISTRICT MAY ADOPT A POLICY UNDER WHICH IT MAY      1,316        

DENY HIGH SCHOOL CREDIT UNDER THIS SECTION AND CHAPTER 3365. OF    1,317        

THE REVISED CODE FOR POST-SECONDARY COURSES ANY PORTION OF WHICH   1,319        

WERE TAKEN DURING THE PERIOD OF AN EXPULSION IMPOSED BY THE        1,320        

DISTRICT'S SUPERINTENDENT UNDER DIVISION (B) OF SECTION 3313.66    1,321        

OF THE REVISED CODE OR EXTENDED UNDER DIVISION (F) OF THAT         1,323        

SECTION.                                                                        

      Sec. 3313.66.  (A)  Except as provided under division        1,332        

                                                          31     


                                                                 
(B)(2) of this section, the superintendent of schools of a city,   1,334        

exempted village, or local school district, or the principal of a  1,335        

public school may suspend a pupil from school for not more than    1,336        

ten school days.  THE BOARD OF EDUCATION OF A CITY, EXEMPTED       1,337        

VILLAGE, OR LOCAL SCHOOL DISTRICT MAY ADOPT A POLICY GRANTING      1,338        

ASSISTANT PRINCIPALS AND OTHER ADMINISTRATORS THE AUTHORITY TO     1,339        

SUSPEND A PUPIL FROM SCHOOL FOR A PERIOD OF TIME AS SPECIFIED IN   1,340        

THE POLICY OF THE BOARD OF EDUCATION, NOT TO EXCEED TEN SCHOOL     1,341        

DAYS.  If at the time a suspension is imposed there are fewer      1,343        

than ten school days remaining in the school year in which the     1,344        

incident that gives rise to the suspension takes place, the        1,345        

superintendent may apply any remaining part or all of the period   1,346        

of the suspension to the following school year.  No EXCEPT IN THE  1,347        

CASE OF A PUPIL GIVEN AN IN-SCHOOL SUSPENSION, NO pupil shall be   1,348        

suspended unless prior to the suspension such superintendent or    1,349        

principal does both of the following:                              1,350        

      (1)  Gives the pupil written notice of the intention to      1,352        

suspend him THE PUPIL and the reasons for the intended suspension  1,354        

and, if the proposed suspension is based on a violation listed in  1,355        

division (A) of section 3313.662 of the Revised Code and if the    1,356        

pupil is sixteen years of age or older, includes in the notice a   1,357        

statement that the superintendent may seek to permanently exclude  1,358        

the pupil if he THE PUPIL is convicted of or adjudicated a         1,359        

delinquent child for that violation;                               1,361        

      (2)  Provides the pupil an opportunity to appear at an       1,363        

informal hearing before the principal, assistant principal,        1,364        

superintendent, or superintendent's designee and challenge the     1,365        

reason for the intended suspension or otherwise to explain his     1,366        

THE PUPIL'S actions.                                               1,367        

      (B)(1)  Except as provided under division (B)(2) or, (3),    1,369        

OR (4) of this section, the superintendent of schools of a city,   1,371        

exempted village, or local school district may expel a pupil from  1,372        

school for a period not to exceed the greater of eighty school     1,373        

days or the number of school days remaining in the semester or     1,374        

                                                          32     


                                                                 
term in which the incident that gives rise to the expulsion takes  1,375        

place, unless the expulsion is extended pursuant to division (F)   1,376        

of this section.  If at the time an expulsion is imposed there     1,377        

are fewer than eighty school days remaining in the school year in  1,378        

which the incident that gives rise to the expulsion takes place,   1,379        

the superintendent may apply any remaining part or all of the      1,380        

period of the expulsion to the following school year.              1,381        

      (2)(a)  Unless a pupil is permanently excluded pursuant to   1,383        

section 3313.662 of the Revised Code, the superintendent of        1,384        

schools of a city, exempted village, or local school district      1,386        

shall expel a pupil from school for a period of one year for       1,387        

bringing a firearm to a school operated by the board of education               

of the district or on to ONTO any other property owned or          1,388        

controlled by the board, except that the superintendent may        1,391        

reduce this requirement on a case-by-case basis in accordance      1,392        

with the policy adopted by the board under section 3313.661 of                  

the Revised Code.  Any such                                        1,394        

      (b)  THE SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED       1,396        

VILLAGE, OR LOCAL SCHOOL DISTRICT MAY EXPEL A PUPIL FROM SCHOOL    1,397        

FOR A PERIOD OF ONE YEAR FOR BRINGING A FIREARM TO AN              1,399        

INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY                   

OTHER SCHOOL PROGRAM OR ACTIVITY THAT IS NOT LOCATED IN A SCHOOL   1,401        

OR ON PROPERTY THAT IS OWNED OR CONTROLLED BY THE DISTRICT.  THE   1,402        

SUPERINTENDENT MAY REDUCE THIS DISCIPLINARY ACTION ON A            1,403        

CASE-BY-CASE BASIS IN ACCORDANCE WITH THE POLICY ADOPTED BY THE    1,404        

BOARD UNDER SECTION 3313.661 OF THE REVISED CODE.                               

      (c)  ANY expulsion PURSUANT TO DIVISION (B)(2) OF THIS       1,407        

SECTION shall extend, as necessary, into the school year           1,408        

following the school year in which the incident that gives rise    1,410        

to the expulsion takes place.  As used in this division,           1,411        

"firearm" has the same meaning as provided pursuant to the         1,412        

"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.           1,413        

8001(a)(2).                                                        1,414        

      (3)  The board of education of a city, exempted village, or  1,417        

                                                          33     


                                                                 
local school district may adopt a resolution authorizing the       1,418        

superintendent of schools to expel a pupil from school for a       1,419        

period not to exceed one year for bringing a knife to a school     1,420        

operated by the board or, onto any other property owned or         1,421        

controlled by the board, OR TO AN INTERSCHOLASTIC COMPETITION, AN  1,422        

EXTRACURRICULAR EVENT, OR ANY OTHER PROGRAM OR ACTIVITY SPONSORED  1,423        

BY THE SCHOOL DISTRICT OR IN WHICH THE DISTRICT IS A PARTICIPANT,  1,424        

or for possessing a firearm or knife at a school or, on any other  1,426        

property owned or controlled by the board, OR AT AN                1,428        

INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY                   

OTHER SCHOOL PROGRAM OR ACTIVITY, which firearm or knife was       1,430        

initially brought onto school board property by another person.    1,431        

The resolution may authorize the superintendent to extend such an  1,432        

expulsion, as necessary, into the school year following the        1,433        

school year in which the incident that gives rise to the           1,434        

expulsion takes place.                                                          

      (4)  THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, OR  1,437        

LOCAL SCHOOL DISTRICT MAY ADOPT A RESOLUTION ESTABLISHING A        1,438        

POLICY UNDER SECTION 3313.661 OF THE REVISED CODE THAT AUTHORIZES  1,439        

THE SUPERINTENDENT OF SCHOOLS TO EXPEL A PUPIL FROM SCHOOL FOR A   1,441        

PERIOD NOT TO EXCEED ONE YEAR FOR COMMITTING AN ACT THAT IS A      1,442        

CRIMINAL OFFENSE WHEN COMMITTED BY AN ADULT AND THAT RESULTS IN    1,443        

SERIOUS PHYSICAL HARM TO PERSONS AS DEFINED IN DIVISION (A)(5) OF  1,444        

SECTION 2901.01 OF THE REVISED CODE OR SERIOUS PHYSICAL HARM TO    1,447        

PROPERTY AS DEFINED IN DIVISION (A)(6) OF SECTION 2901.01 OF THE   1,449        

REVISED CODE WHILE THE PUPIL IS AT SCHOOL, ON ANY OTHER PROPERTY   1,451        

OWNED OR CONTROLLED BY THE BOARD, OR AT AN INTERSCHOLASTIC         1,453        

COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY OTHER SCHOOL         1,454        

PROGRAM OR ACTIVITY.  ANY EXPULSION UNDER THIS DIVISION SHALL      1,455        

EXTEND, AS NECESSARY, INTO THE SCHOOL YEAR FOLLOWING THE SCHOOL    1,457        

YEAR IN WHICH THE INCIDENT THAT GIVES RISE TO THE EXPULSION TAKES  1,458        

PLACE.                                                                          

      (5)  No pupil shall be expelled under division (B)(1), (2),  1,460        

or (3), OR (4) of this section unless, prior to his THE PUPIL'S    1,462        

                                                          34     


                                                                 
expulsion, the superintendent does both of the following:          1,463        

      (a)  Gives the pupil and his THE PUPIL'S parent, guardian,   1,465        

or custodian written notice of the intention to expel the pupil;   1,467        

      (b)  Provides the pupil and his THE PUPIL'S parent,          1,469        

guardian, custodian, or representative an opportunity to appear    1,470        

in person before the superintendent or his THE SUPERINTENDENT'S    1,471        

designee to challenge the reasons for the intended expulsion or    1,472        

otherwise to explain the pupil's actions.                          1,473        

      The notice required in this division shall include the       1,475        

reasons for the intended expulsion, notification of the            1,476        

opportunity of the pupil and his THE PUPIL'S parent, guardian,     1,477        

custodian, or representative to appear before the superintendent   1,479        

or his THE SUPERINTENDENT'S designee to challenge the reasons for  1,480        

the intended expulsion or otherwise to explain the pupil's         1,482        

action, and notification of the time and place to appear.  The     1,483        

time to appear shall not be earlier than three nor later than      1,484        

five school days after the notice is given, unless the             1,485        

superintendent grants an extension of time at the request of the   1,486        

pupil or his THE PUPIL'S parent, guardian, custodian, or           1,487        

representative.  If an extension is granted after giving the       1,488        

original notice, the superintendent shall notify the pupil and     1,489        

his THE PUPIL'S parent, guardian, custodian, or representative of  1,490        

the new time and place to appear.  If the proposed expulsion is    1,491        

based on a violation listed in division (A) of section 3313.662    1,492        

of the Revised Code and if the pupil is sixteen years of age or    1,493        

older, the notice shall include a statement that the               1,494        

superintendent may seek to permanently exclude the pupil if he     1,495        

THE PUPIL is convicted of or adjudicated a delinquent child for    1,496        

that violation.                                                    1,497        

      (6)  A SUPERINTENDENT OF SCHOOLS OF A CITY, EXEMPTED         1,499        

VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL INITIATE EXPULSION         1,500        

PROCEEDINGS PURSUANT TO THIS SECTION WITH RESPECT TO ANY PUPIL     1,501        

WHO HAS COMMITTED AN ACT WARRANTING EXPULSION UNDER THE            1,502        

DISTRICT'S POLICY REGARDING EXPULSION EVEN IF THE PUPIL HAS        1,503        

                                                          35     


                                                                 
WITHDRAWN FROM SCHOOL FOR ANY REASON AFTER THE INCIDENT THAT       1,504        

GIVES RISE TO THE HEARING BUT PRIOR TO THE HEARING OR DECISION TO  1,505        

IMPOSE THE EXPULSION.  IF, FOLLOWING THE HEARING, THE PUPIL WOULD  1,506        

HAVE BEEN EXPELLED FOR A PERIOD OF TIME HAD THE PUPIL STILL BEEN   1,507        

ENROLLED IN THE SCHOOL, THE EXPULSION SHALL BE IMPOSED FOR THE     1,509        

SAME LENGTH OF TIME AS ON A PUPIL WHO HAS NOT WITHDRAWN FROM THE                

SCHOOL.                                                            1,510        

      (C)  If a pupil's presence poses a continuing danger to      1,512        

persons or property or an ongoing threat of disrupting the         1,513        

academic process taking place either within a classroom or         1,514        

elsewhere on the school premises, the superintendent or a          1,515        

principal or assistant principal may remove a pupil from           1,516        

curricular or extracurricular activities or from the school        1,517        

premises, and a teacher may remove a pupil from curricular or      1,518        

extracurricular activities under his THE TEACHER'S supervision,    1,520        

without the notice and hearing requirements of division (A) or     1,521        

(B) of this section.  As soon as practicable after making such a   1,522        

removal, the teacher shall submit in writing to the principal the  1,523        

reasons for such removal.                                          1,524        

      If a pupil is removed under this division from a curricular  1,526        

or extracurricular activity or from the school premises, written   1,527        

notice of the hearing and of the reason for the removal shall be   1,528        

given to the pupil as soon as practicable prior to the hearing,    1,529        

which shall be held within three school days from the time the     1,530        

initial removal is ordered.  The hearing shall be held in          1,531        

accordance with division (A) of this section unless it is          1,532        

probable that the pupil may be subject to expulsion, in which      1,533        

case a hearing in accordance with division (B) of this section     1,534        

shall be held, except that the hearing shall be held within three  1,535        

school days of the initial removal.  The individual who ordered,   1,536        

caused, or requested the removal to be made shall be present at    1,537        

the hearing.                                                       1,538        

      If the superintendent or the principal reinstates a pupil    1,540        

in a curricular or extracurricular activity under the teacher's    1,541        

                                                          36     


                                                                 
supervision prior to the hearing following a removal under this    1,542        

division, the teacher, upon request, shall be given in writing     1,543        

the reasons for such reinstatement.                                1,544        

      (D)  The superintendent or principal, within one school day  1,546        

after the time of a pupil's expulsion or suspension, shall notify  1,547        

in writing the parent, guardian, or custodian of the pupil and     1,548        

the treasurer of the board of education of the expulsion or        1,549        

suspension.  The notice shall include the reasons for the          1,550        

expulsion or suspension, notification of the right of the pupil    1,551        

or his THE PUPIL'S parent, guardian, or custodian to appeal the    1,552        

expulsion or suspension to the board of education or to its        1,553        

designee, to be represented in all appeal proceedings, to be       1,554        

granted a hearing before the board or its designee in order to be  1,555        

heard against the suspension or expulsion, and to request that     1,556        

the hearing be held in executive session, notification that the    1,557        

expulsion may be subject to extension pursuant to division (F) of  1,558        

this section if the pupil is sixteen years of age or older, and    1,559        

notification that the superintendent may seek the pupil's          1,560        

permanent exclusion if the suspension or expulsion was based on a  1,561        

violation listed in division (A) of section 3313.662 of the        1,562        

Revised Code that was committed when the child was sixteen years   1,563        

of age or older and if the pupil is convicted of or adjudicated a  1,564        

delinquent child for that violation.                               1,565        

      Any superintendent expelling a pupil under this section for  1,567        

more than twenty school days or for any period of time if the      1,568        

expulsion will extend into the following semester or school year   1,569        

shall, in the notice required under this division, provide the     1,570        

pupil and his THE PUPIL'S parent, guardian, or custodian with      1,571        

information about services or programs offered by public and       1,573        

private agencies that work toward improving those aspects of the   1,574        

pupil's attitudes and behavior that contributed to the incident    1,575        

that gave rise to the pupil's expulsion.  The information shall    1,576        

include the names, addresses, and phone numbers of the             1,577        

appropriate public and private agencies.                           1,578        

                                                          37     


                                                                 
      (E)  A pupil or his THE PUPIL'S parent, guardian, or         1,580        

custodian may appeal his THE PUPIL'S expulsion BY A                1,581        

SUPERINTENDENT or suspension by a superintendent or, principal,    1,584        

ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR to the board of        1,585        

education or to its designee.  The pupil or his THE PUPIL'S        1,586        

parent, guardian, or custodian may be represented in all appeal    1,588        

proceedings and shall be granted a hearing before the board or     1,589        

its designee in order to be heard against the suspension or        1,590        

expulsion.  At the request of the pupil or of his THE PUPIL'S                   

parent, guardian, custodian, or attorney, the board or its         1,591        

designee may hold the hearing in executive session but shall act   1,592        

upon the suspension or expulsion only at a public meeting.  The    1,593        

board, by a majority vote of its full membership or by the action  1,594        

of its designee, may affirm the order of suspension or expulsion,  1,595        

reinstate the pupil, or otherwise reverse, vacate, or modify the   1,596        

order of suspension or expulsion.                                  1,597        

      The board or its designee shall make a verbatim record of    1,599        

hearings held under this division.  The decisions of the board or  1,600        

its designee may be appealed under Chapter 2506. of the Revised    1,601        

Code.                                                              1,602        

      This section shall not be construed to require notice and    1,604        

hearing in accordance with division (A), (B), or (C) of this       1,605        

section in the case of normal disciplinary procedures in which a   1,606        

pupil is removed from a curricular or extracurricular activity     1,607        

for a period of less than one school day and is not subject to     1,608        

suspension or expulsion.                                           1,609        

      (F)(1)  If a pupil is expelled pursuant to division (B) of   1,611        

this section for committing any violation listed in division (A)   1,612        

of section 3313.662 of the Revised Code and he THE PUPIL was       1,613        

sixteen years of age or older at the time he committed OF          1,614        

COMMITTING the violation, if a complaint is filed pursuant to      1,615        

section 2151.27 of the Revised Code alleging that the pupil is a   1,617        

delinquent child based upon the commission of the violation or     1,618        

the pupil is prosecuted as an adult for the commission of the      1,619        

                                                          38     


                                                                 
violation, and if the resultant juvenile court or criminal         1,620        

proceeding is pending at the time that the expulsion terminates,   1,621        

the superintendent of schools that expelled the pupil may file a   1,622        

motion with the court in which the proceeding is pending           1,623        

requesting an order extending the expulsion for the lesser of an   1,624        

additional eighty days or the number of school days remaining in   1,625        

the school year.  Upon the filing of the motion, the court         1,626        

immediately shall schedule a hearing and give written notice of    1,627        

the time, date, and location of the hearing to the superintendent  1,628        

and to the pupil and his THE PUPIL'S parent, guardian, or          1,629        

custodian.  At the hearing, the court shall determine whether      1,630        

there is reasonable cause to believe that the pupil committed the  1,631        

alleged violation that is the basis of the expulsion and, upon     1,632        

determining that reasonable cause to believe he THE PUPIL          1,633        

committed the violation does exist, shall grant the requested      1,634        

extension.                                                                      

      (2)  If a pupil has been convicted of or adjudicated a       1,636        

delinquent child for a violation listed in division (A) of         1,637        

section 3313.662 of the Revised Code for an act that was           1,638        

committed when the child was sixteen years of age or older, if     1,639        

the pupil has been expelled pursuant to division (B) of this       1,640        

section for that violation, and if the board of education of the   1,641        

school district of the school from which he THE PUPIL was          1,642        

expelled has adopted a resolution seeking his THE PUPIL'S          1,643        

permanent exclusion, the superintendent may file a motion with     1,644        

the court that convicted the pupil or adjudicated the pupil a      1,646        

delinquent child requesting an order to extend the expulsion       1,647        

until an adjudication order or other determination regarding       1,648        

permanent exclusion is issued by the superintendent of public      1,649        

instruction pursuant to section 3301.121 and division (D) of       1,650        

section 3313.662 of the Revised Code.  Upon the filing of the      1,651        

motion, the court immediately shall schedule a hearing and give    1,652        

written notice of the time, date, and location of the hearing to   1,653        

the superintendent of the school district, the pupil, and his THE  1,654        

                                                          39     


                                                                 
PUPIL'S parent, guardian, or custodian.  At the hearing, the       1,655        

court shall determine whether there is reasonable cause to         1,656        

believe the pupil's continued attendance in the public school      1,657        

system may endanger the health and safety of other pupils or       1,658        

school employees and, upon making that determination, shall grant  1,659        

the requested extension.                                                        

      (G)  The failure of the superintendent or the board of       1,661        

education to provide the information regarding the possibility of  1,662        

permanent exclusion in the notice required by divisions (A), (B),  1,663        

and (D) of this section is not jurisdictional, and the failure     1,664        

shall not affect the validity of any suspension or expulsion       1,665        

procedure that is conducted in accordance with this section or     1,666        

the validity of a permanent exclusion procedure that is conducted  1,667        

in accordance with sections 3301.121 and 3313.662 of the Revised   1,668        

Code.                                                              1,669        

      (H)  With regard to suspensions and expulsions pursuant to   1,671        

divisions (A) and (B) of this section by the board of education    1,672        

of any city, exempted village, or local school district, this      1,673        

section shall apply to any student, whether or not the student is  1,674        

enrolled in the district, attending or otherwise participating in  1,675        

any curricular program provided in a school operated by the board  1,676        

or provided on any other property owned or controlled by the       1,677        

board.                                                             1,678        

      (I)  Whenever a student is expelled under this section, the  1,680        

expulsion shall result in removal of the student from the          1,681        

student's regular school setting.  However, during the period of   1,682        

the expulsion, the board of education of the school district that  1,683        

expelled the student or any board of education admitting the       1,684        

student during that expulsion period may provide educational                    

services to the student in an alternative setting.                 1,685        

      (J)(1)  Notwithstanding section 3313.64 or 3313.65 of the    1,687        

Revised Code, any school district, after offering an opportunity   1,690        

for a hearing, may temporarily deny admittance to any pupil if     1,691        

the ONE OF THE FOLLOWING APPLIES:                                               

                                                          40     


                                                                 
      (a)  THE PUPIL HAS BEEN SUSPENDED FROM THE SCHOOLS OF        1,693        

ANOTHER DISTRICT UNDER DIVISION (A) OF THIS SECTION AND THE        1,694        

PERIOD OF SUSPENSION, AS ESTABLISHED UNDER THAT DIVISION, HAS NOT  1,695        

EXPIRED;                                                                        

      (b)  THE pupil has been expelled from the schools of         1,697        

another district under division (B) of this section and the        1,698        

period of the expulsion, as established under that division or as  1,699        

extended under division (F) of this section, has not expired.  If  1,700        

      IF a pupil is temporarily denied admission under this        1,703        

division, the pupil shall be admitted to school in accordance      1,704        

with section 3313.64 or 3313.65 of the Revised Code no later than               

upon expiration of such THE SUSPENSION OR expulsion period, AS     1,706        

APPLICABLE.                                                        1,707        

      (2)  Notwithstanding section 3313.64 or 3313.65 of the       1,709        

Revised Code, any school district, after offering an opportunity   1,711        

for a hearing, may temporarily deny admittance to any pupil if     1,712        

the pupil has been expelled or otherwise removed for disciplinary  1,713        

purposes from a public school in another state and the period of   1,714        

expulsion or removal has not expired.  If a pupil is temporarily   1,715        

denied admission under this division, the pupil shall be admitted               

to school in accordance with section 3313.64 or 3313.65 of the     1,716        

Revised Code no later than the earlier of the following:           1,718        

      (a)  Upon expiration of the expulsion or removal period      1,720        

imposed by the out-of-state school;                                1,721        

      (b)  Upon expiration of a period established by the          1,723        

district, beginning with the date of expulsion or removal from     1,724        

the out-of-state school, that is no greater than the period of     1,725        

expulsion that the pupil would have received under the policy      1,726        

adopted by the district under section 3313.661 of the Revised      1,727        

Code had the offense that gave rise to the expulsion or removal    1,729        

by the out-of-state school been committed while the pupil was      1,730        

enrolled in the district.                                                       

      (K)  As used in this section, "permanently:                  1,732        

      (1)  "PERMANENTLY exclude" and "permanent exclusion" have    1,735        

                                                          41     


                                                                 
the same meanings as in section 3313.662 of the Revised Code.      1,736        

      (2)  "IN-SCHOOL SUSPENSION" MEANS THE PUPIL WILL SERVE ALL   1,738        

OF THE SUSPENSION IN A SCHOOL SETTING.                             1,739        

      Sec. 3313.661.  (A)  The board of education of each city,    1,748        

exempted village, and local school district shall adopt a policy   1,750        

regarding suspension, expulsion, removal, and permanent exclusion  1,751        

that specifies the types of misconduct for which a pupil may be    1,752        

suspended, expelled, or removed.  THE TYPES OF MISCONDUCT MAY                   

INCLUDE MISCONDUCT BY A PUPIL THAT OCCURS OFF OF PROPERTY OWNED    1,753        

OR CONTROLLED BY THE DISTRICT BUT THAT IS CONNECTED TO ACTIVITIES  1,754        

OR INCIDENTS THAT HAVE OCCURRED ON PROPERTY OWNED OR CONTROLLED    1,755        

BY THAT DISTRICT AND MISCONDUCT BY A PUPIL THAT, REGARDLESS OF     1,756        

WHERE IT OCCURS, IS DIRECTED AT A DISTRICT OFFICIAL OR EMPLOYEE,   1,757        

OR THE PROPERTY OF SUCH OFFICIAL OR EMPLOYEE.  The policy shall    1,758        

specify the reasons for which the superintendent of the district   1,759        

may reduce the expulsion requirement in division (B)(2) of         1,760        

section 3313.66 of the Revised Code.  If a board of education      1,762        

adopts a resolution pursuant to division (B)(3) of section         1,763        

3313.66 of the Revised Code, the policy shall define the term      1,764        

"knife" or "firearm," as applicable, for purposes of expulsion     1,765        

under that resolution and shall specify any reasons for which the  1,766        

superintendent of the district may reduce any required expulsion   1,767        

period on a case-by-case basis.  IF A BOARD OF EDUCATION ADOPTS A  1,768        

RESOLUTION PURSUANT TO DIVISION (B)(4) OF SECTION 3313.66 OF THE   1,769        

REVISED CODE, THE POLICY SHALL SPECIFY ANY REASONS FOR WHICH THE   1,770        

SUPERINTENDENT OF THE DISTRICT MAY REDUCE ANY REQUIRED EXPULSION   1,771        

PERIOD ON A CASE-BY-CASE BASIS.  The policy also shall set forth   1,773        

the acts listed in section 3313.662 of the Revised Code for which  1,774        

a pupil may be permanently excluded.                                            

      A copy of the policy shall be posted in a central location   1,776        

in the school and made available to pupils upon request.  No       1,777        

pupil shall be suspended, expelled, or removed except in           1,778        

accordance with the policy adopted by the board of education of    1,779        

the school district in which the pupil attends school, and no      1,780        

                                                          42     


                                                                 
pupil shall be permanently excluded except in accordance with      1,781        

sections 3301.121 and 3313.662 of the Revised Code.                1,782        

      (B)  A board of education may establish a program and adopt  1,784        

guidelines under which a superintendent may require a pupil to     1,785        

perform community service in conjunction with a suspension or      1,787        

expulsion imposed under section 3313.66 of the Revised Code or in  1,788        

place of a suspension or expulsion imposed under section 3313.66   1,789        

of the Revised Code except for an expulsion imposed pursuant to    1,790        

division (B)(2) of that section.  If a board adopts guidelines     1,791        

under this division, they shall permit, except with regard to an   1,793        

expulsion pursuant to division (B)(2) of section 3313.66 of the    1,794        

Revised Code, a superintendent to impose a community service       1,795        

requirement beyond the end of the school year in lieu of applying  1,796        

the suspension or expulsion into the following school year.  Any   1,797        

guidelines adopted shall be included in the policy adopted under   1,798        

this section.                                                      1,799        

      (C)  The written policy of each board of education that is   1,801        

adopted pursuant to section 3313.20 of the Revised Code shall be   1,802        

posted in a central location in each school that is subject to     1,803        

the policy and shall be made available to pupils upon request.     1,804        

      (D)  Any policy, program, or guideline adopted by a board    1,806        

of education under this section with regard to suspensions or      1,807        

expulsions pursuant to divisions DIVISION (A) or (B) of section    1,808        

3313.66 of the Revised Code shall apply to any student, whether    1,809        

or not the student is enrolled in the district, attending or       1,810        

otherwise participating in any curricular program provided in a    1,811        

school operated by the board or provided on any other property     1,812        

owned or controlled by the board.                                  1,813        

      (E)  As used in this section, "permanently exclude" and      1,815        

"permanent exclusion" have the same meanings as in section         1,816        

3313.662 of the Revised Code.                                      1,817        

      Sec. 3313.664.  The board of education of a city, exempted   1,826        

village, local, joint vocational, or cooperative education school  1,827        

district may adopt a policy authorizing the district               1,828        

                                                          43     


                                                                 
superintendent or, other district administrative personnel, OR     1,830        

PERSONNEL EMPLOYED BY THE DISTRICT TO DIRECT, SUPERVISE, OR COACH  1,831        

A PUPIL ACTIVITY PROGRAM as provided in the policy to suspend      1,832        

PROHIBIT a student from PARTICIPATING IN any particular or all     1,835        

extracurricular activities of the district or a school of the                   

district for a period of time as provided in the policy.  If a     1,836        

board of education adopts a policy under this section, the board   1,837        

shall post the policy in a central location in each school         1,838        

building of the district and make it available to students upon    1,840        

request.                                                                        

      Sec. 3318.031.  THE OHIO SCHOOL FACILITIES COMMISSION SHALL  1,843        

CONSIDER STUDENT AND STAFF SAFETY WHEN REVIEWING DESIGN PLANS FOR  1,844        

CLASSROOM FACILITY CONSTRUCTION PROJECTS PROPOSED UNDER THIS       1,846        

CHAPTER.  AFTER CONSULTING WITH APPROPRIATE EDUCATION AND LAW      1,847        

ENFORCEMENT PERSONNEL, THE COMMISSION MAY REQUIRE AS A CONDITION   1,848        

OF PROJECT APPROVAL UNDER SECTION 3318.03 OF THE REVISED CODE      1,850        

SUCH CHANGES IN THE DESIGN PLANS AS THE COMMISSION BELIEVES WILL   1,851        

ADVANCE OR IMPROVE STUDENT AND STAFF SAFETY IN THE PROPOSED        1,852        

CLASSROOM FACILITY.                                                             

      TO CARRY OUT ITS DUTIES UNDER THIS SECTION, THE COMMISSION   1,854        

SHALL REVIEW AND, IF NECESSARY, AMEND ANY CONSTRUCTION AND DESIGN  1,855        

STANDARDS USED IN ITS PROJECT APPROVAL PROCESS, INCLUDING          1,856        

STANDARDS FOR LOCATION AND NUMBER OF EXITS AND LOCATION OF         1,857        

RESTROOMS, WITH A FOCUS ON ADVANCING STUDENT AND STAFF SAFETY.     1,858        

      Sec. 3321.13.  (A)  Whenever any child of compulsory school  1,867        

age withdraws from school the teacher of that child shall          1,868        

ascertain the reason for withdrawal.  The fact of the withdrawal   1,869        

and the reason for it shall be immediately transmitted by the      1,870        

teacher to the superintendent of schools of the city or exempted   1,871        

village school district or the educational service center as the   1,873        

case may be.  If the child who has withdrawn from school has done  1,874        

so because of change of residence, the next residence shall be     1,875        

ascertained and shall be included in the notice thus transmitted.  1,876        

The superintendent shall thereupon forward a card showing the      1,877        

                                                          44     


                                                                 
essential facts regarding the child and stating the place of the   1,878        

child's new residence to the superintendent of schools of the      1,880        

district to which the child has moved.                             1,881        

      The superintendent of public instruction may prescribe the   1,883        

forms to be used in the operation of this division.                1,884        

      (B)(1)  Upon receipt of information that a child of          1,886        

compulsory school age has withdrawn from school for a reason       1,887        

other than because of change of residence and is not enrolled in   1,888        

and attending in accordance with school policy an approved         1,889        

program to obtain a diploma or its equivalent, the superintendent  1,890        

shall notify the registrar of motor vehicles and the juvenile      1,892        

judge of the county in which the district is located of the        1,893        

withdrawal and failure to enroll in and attend an approved         1,894        

program to obtain a diploma or its equivalent.  A notification to  1,895        

the registrar required by this division shall be given in the      1,896        

manner the registrar by rule requires and a notification to the    1,897        

juvenile judge required by this division shall be given in         1,898        

writing.  Each notification shall be given within two weeks after  1,899        

the withdrawal and failure to enroll in and attend an approved     1,900        

program or its equivalent.                                                      

      (2)  The board of education of a school district may adopt   1,902        

a resolution providing that the provisions of division (B)(2) of   1,903        

this section apply within the district.  The provisions of         1,904        

division (B)(2) of this section do not apply within any school     1,905        

district, and no superintendent of a school district shall send a  1,906        

notification of the type described in division (B)(2) of this      1,907        

section to the registrar of motor vehicles or the juvenile judge   1,908        

of the county in which the district is located, unless the board   1,909        

of education of the district has adopted such a resolution.  If    1,910        

the board of education of a school district adopts a resolution    1,911        

providing that the provisions of division (B)(2) of this section   1,912        

apply within the district, and if the superintendent of schools    1,913        

of that district receives information that, during any semester    1,914        

or term, a child of compulsory school age has been absent without  1,915        

                                                          45     


                                                                 
legitimate excuse from the school he THE CHILD is supposed to      1,916        

attend for more than ten consecutive school days or for at least   1,917        

fifteen total school days, the superintendent shall notify the     1,918        

child and the child's parent, guardian, or custodian, in writing,  1,919        

that the information has been provided to the superintendent,      1,920        

that as a result of that information the child's temporary         1,922        

instruction permit or driver's license will be suspended or the    1,923        

opportunity to obtain such a permit or license will be denied,     1,924        

and that the child and the child's parent, guardian, or custodian  1,926        

may appear in person at a scheduled date, time, and place before   1,927        

the superintendent or a designee to challenge the information      1,928        

provided to the superintendent.                                    1,929        

      The notification to the child and the child's parent,        1,931        

guardian, or custodian required by division (B)(2) of this         1,932        

section shall set forth the information received by the            1,933        

superintendent and shall inform the child and the child's parent,  1,934        

guardian, or custodian of the scheduled date, time, and place of   1,936        

the appearance that they may have before the superintendent or a   1,937        

designee.  The date scheduled for the appearance shall be no       1,938        

earlier than three and no later than five days after the           1,939        

notification is given, provided that an extension may be granted   1,940        

upon request of the child or the child's parent, guardian, or      1,942        

custodian.  If an extension is granted, the superintendent shall   1,943        

schedule a new date, time, and place for the appearance and shall  1,944        

inform the child and the child's parent, guardian, or custodian    1,946        

of the new date, time, and place.                                               

      If the child and the child's parent, guardian, or custodian  1,948        

do not appear before the superintendent or a designee on the       1,949        

scheduled date and at the scheduled time and place, or if the      1,950        

child and the child's parent, guardian, or custodian appear        1,952        

before the superintendent or a designee on the scheduled date and  1,953        

at the scheduled time and place but the superintendent or a        1,954        

designee determines that the information the superintendent        1,955        

received indicating that, during the semester or term, the child   1,956        

                                                          46     


                                                                 
had been absent without legitimate excuse from the school the      1,957        

child was supposed to attend for more than ten consecutive school  1,959        

days or for at least fifteen total school days, the                1,960        

superintendent shall notify the registrar of motor vehicles and    1,961        

the juvenile judge of the county in which the district is located  1,962        

that the child has been absent for that period of time and that    1,963        

the child does not have any legitimate excuse for the habitual     1,964        

absence.  A notification to the registrar required by this         1,965        

division shall be given in the manner the registrar by rule        1,966        

requires and a notification to the juvenile judge required by      1,967        

this division shall be given in writing.  Each notification shall  1,968        

be given within two weeks after the receipt of the information of  1,969        

the habitual absence from school without legitimate excuse, or,    1,970        

if the child and the child's parent, guardian, or custodian        1,971        

appear before the superintendent or a designee to challenge the    1,972        

information, within two weeks after the appearance.                1,973        

      For purposes of division (B)(2) of this section, a           1,975        

legitimate excuse for absence from school includes, but is not     1,976        

limited to, the fact that the child in question has enrolled in    1,977        

another school or school district in this or another state, the    1,978        

fact that the child in question was excused from attendance for    1,979        

any of the reasons specified in section 3321.04 of the Revised     1,980        

Code, or the fact that the child in question has received an age   1,981        

and schooling certificate in accordance with section 3331.01 of    1,982        

the Revised Code.                                                  1,983        

      (3)  Whenever a pupil is suspended or expelled from school   1,985        

pursuant to section 3313.66 of the Revised Code and the reason     1,986        

for the suspension or expulsion is the use or possession of        1,987        

alcohol, a drug of abuse, or alcohol and a drug of abuse, the      1,988        

superintendent of schools of that district may notify the          1,989        

registrar and the juvenile judge of the county in which the        1,990        

district is located of such suspension or expulsion.  Any such     1,991        

notification of suspension or expulsion shall be given to the      1,992        

registrar, in the manner the registrar by rule requires and shall  1,993        

                                                          47     


                                                                 
be given to the juvenile judge in writing.  The notifications      1,994        

shall be given within two weeks after the suspension or            1,995        

expulsion.                                                         1,996        

      (4)  WHENEVER A PUPIL IS SUSPENDED, EXPELLED, REMOVED, OR    1,999        

PERMANENTLY EXCLUDED FROM A SCHOOL FOR MISCONDUCT INCLUDED IN A    2,000        

POLICY THAT THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE,    2,001        

OR LOCAL SCHOOL DISTRICT HAS ADOPTED UNDER DIVISION (A) OF         2,002        

SECTION 3313.661 OF THE REVISED CODE, AND THE MISCONDUCT INVOLVES               

A FIREARM OR A KNIFE OR OTHER WEAPON AS DEFINED IN THAT POLICY,    2,003        

THE SUPERINTENDENT OF SCHOOLS OF THAT DISTRICT SHALL NOTIFY THE    2,004        

REGISTRAR AND THE JUVENILE JUDGE OF THE COUNTY IN WHICH THE        2,006        

DISTRICT IS LOCATED OF THE SUSPENSION, EXPULSION, REMOVAL, OR      2,007        

PERMANENT EXCLUSION.  THE NOTIFICATION SHALL BE GIVEN TO THE       2,008        

REGISTRAR IN THE MANNER THE REGISTRAR, BY RULE, REQUIRES AND       2,009        

SHALL BE GIVEN TO THE JUVENILE JUDGE IN WRITING.  THE              2,010        

NOTIFICATIONS SHALL BE GIVEN WITHIN TWO WEEKS AFTER THE            2,011        

SUSPENSION, EXPULSION, REMOVAL, OR PERMANENT EXCLUSION.            2,012        

      (C)  A notification of withdrawal, habitual absence without  2,014        

legitimate excuse, suspension, or expulsion given to the           2,015        

registrar or a juvenile judge under division (B)(1), (2), or (3),  2,017        

OR (4) of this section shall contain the name, address, date of    2,018        

birth, school, and school district of the child.  If the           2,019        

superintendent finds, after giving a notification of withdrawal,   2,020        

habitual absence without legitimate excuse, suspension, or         2,021        

expulsion to the registrar and the juvenile judge under division   2,022        

(B)(1), (2), or (3),  OR (4) of this section, that the             2,023        

notification was given in error, the superintendent immediately    2,025        

shall notify the registrar and the juvenile judge of that fact.    2,026        

      Sec. 3365.03.  (A)  Notwithstanding any other provision of   2,035        

law, a student enrolled in a school district or a participating    2,037        

nonpublic school may apply to a college to enroll in it during     2,038        

the student's ninth, tenth, eleventh, or twelfth grade school      2,039        

year under this chapter.  FOR PURPOSES OF THIS DIVISION, DURING    2,040        

THE PERIOD OF AN EXPULSION IMPOSED UNDER DIVISION (B) OF SECTION   2,042        

                                                          48     


                                                                 
3313.66 OF THE REVISED CODE OR EXTENDED UNDER DIVISION (F) OF      2,044        

THAT SECTION, A STUDENT IS INELIGIBLE TO APPLY TO ENROLL IN A      2,045        

COLLEGE UNDER THIS SECTION, UNLESS THE STUDENT IS ADMITTED TO      2,046        

ANOTHER SCHOOL DISTRICT OR A PARTICIPATING NONPUBLIC SCHOOL.  IF   2,047        

A STUDENT IS ENROLLED IN A COLLEGE UNDER THIS SECTION AT THE TIME  2,048        

THE STUDENT IS EXPELLED UNDER DIVISION (B) OF SECTION 3313.66 OF   2,049        

THE REVISED CODE, THE STUDENT'S STATUS FOR THE REMAINDER OF THE    2,051        

COLLEGE TERM IN WHICH THE EXPULSION IS IMPOSED SHALL BE            2,052        

DETERMINED UNDER SECTION 3365.041 OF THE REVISED CODE.             2,053        

      (B)  If a college accepts the A student WHO APPLIES UNDER    2,056        

THIS SECTION, it shall send written notice to the student, the     2,057        

student's school district or nonpublic school, and the             2,058        

superintendent of public instruction within ten days after         2,059        

acceptance.  Within ten days after each enrollment for a term,     2,060        

the college shall also send the student, the student's school      2,061        

district or nonpublic school, and the superintendent of public     2,063        

instruction a written notice indicating the courses and hours of                

enrollment of the student and the option elected by the student    2,064        

under division (A) or (B) of section 3365.04 of the Revised Code   2,065        

for each course.                                                                

      Sec. 3365.04.  The rules adopted under section 3365.02 of    2,074        

the Revised Code shall provide for students to enroll in courses   2,075        

under either of the following options:                             2,076        

      (A)  The student may elect at the time of enrollment to      2,078        

receive only college credit for the course.  The college shall     2,079        

notify the student about payment of tuition and fees in the        2,080        

customary manner followed by the college, and the student shall    2,081        

be responsible for payment of all tuition and the cost of all      2,082        

textbooks, materials, and fees associated with the course.  If     2,083        

the student successfully completes the course, the college shall   2,084        

award the student full credit for the course, but the board of     2,086        

education or nonpublic participating school shall not award the    2,087        

high school credit.                                                2,089        

      (B)  The student may elect at the time of enrollment for     2,091        

                                                          49     


                                                                 
each course to receive both college credit and high school         2,092        

credit.  If EXCEPT AS PROVIDED IN SECTION 3365.041 OF THE REVISED  2,094        

CODE, IF the student successfully completes the course, the        2,095        

college shall award the student full credit for the course, and    2,097        

the board of education or nonpublic school shall award the         2,098        

student high school credit.  If the student elects this option,    2,100        

AND the college shall be reimbursed in accordance with section     2,102        

3365.07 of the Revised Code.                                       2,103        

      When determining a school district's formula ADM under       2,106        

section 3317.03 of the Revised Code, the time a participant is     2,108        

attending courses under division (A) of this section shall be      2,109        

considered as time the participant is not attending or enrolled    2,110        

in school anywhere, and the time a participant is attending        2,111        

courses under division (B) of this section shall be considered as  2,112        

time the participant is attending or enrolled in the district's    2,113        

schools.                                                                        

      Sec. 3365.041.  (A)  WHEN A SCHOOL DISTRICT SUPERINTENDENT   2,115        

EXPELS A STUDENT UNDER DIVISION (B) OF SECTION 3313.66 OF THE      2,117        

REVISED CODE, THE DISTRICT SUPERINTENDENT SHALL SEND A WRITTEN     2,118        

NOTICE OF THE EXPULSION TO ANY COLLEGE IN WHICH THE EXPELLED       2,119        

STUDENT IS ENROLLED UNDER SECTION 3365.03 OF THE REVISED CODE AT   2,120        

THE TIME THE EXPULSION IS IMPOSED.  THE NOTICE SHALL INDICATE THE  2,122        

DATE THE EXPULSION IS SCHEDULED TO EXPIRE.  THE NOTICE ALSO SHALL  2,123        

INDICATE WHETHER THE DISTRICT BOARD OF EDUCATION HAS ADOPTED A     2,124        

POLICY UNDER SECTION 3313.613 OF THE REVISED CODE TO DENY HIGH     2,125        

SCHOOL CREDIT FOR POST-SECONDARY COURSES TAKEN DURING AN           2,127        

EXPULSION.  IF THE EXPULSION IS EXTENDED UNDER DIVISION (F) OF     2,128        

SECTION 3313.66 OF THE REVISED CODE, THE DISTRICT SUPERINTENDENT   2,130        

SHALL NOTIFY THE COLLEGE OF THE EXTENSION.                                      

      (B)  A COLLEGE MAY WITHDRAW ITS ACCEPTANCE UNDER SECTION     2,133        

3365.03 OF THE REVISED CODE OF A STUDENT WHO IS EXPELLED FROM      2,134        

SCHOOL UNDER DIVISION (B) OF SECTION 3313.66 OF THE REVISED CODE.  2,136        

AS PROVIDED IN SECTION 3365.03 OF THE REVISED CODE, REGARDLESS OF  2,137        

WHETHER THE COLLEGE WITHDRAWS ITS ACCEPTANCE OF THE STUDENT FOR    2,138        

                                                          50     


                                                                 
THE COLLEGE TERM IN WHICH THE STUDENT IS EXPELLED, THE STUDENT IS  2,139        

INELIGIBLE TO ENROLL IN A COLLEGE UNDER THAT SECTION FOR           2,140        

SUBSEQUENT COLLEGE TERMS DURING THE PERIOD OF THE EXPULSION,       2,141        

UNLESS THE STUDENT ENROLLS IN ANOTHER SCHOOL DISTRICT OR           2,142        

PARTICIPATING NONPUBLIC SCHOOL DURING THAT PERIOD.                 2,143        

      IF A COLLEGE WITHDRAWS ITS ACCEPTANCE OF AN EXPELLED         2,145        

STUDENT WHO ELECTED THE OPTION OF DIVISION (A) OF SECTION 3365.04  2,146        

OF THE REVISED CODE, THE COLLEGE SHALL REFUND TUITION AND FEES     2,148        

PAID BY THE STUDENT IN THE SAME PROPORTION THAT IT REFUNDS         2,149        

TUITION AND FEES TO STUDENTS WHO VOLUNTARILY WITHDRAW FROM THE     2,150        

COLLEGE AT THE SAME TIME IN THE TERM.                                           

      IF A COLLEGE WITHDRAWS ITS ACCEPTANCE OF AN EXPELLED         2,152        

STUDENT WHO ELECTED THE OPTION OF DIVISION (B) OF SECTION 3365.04  2,153        

OF THE REVISED CODE, THE SCHOOL DISTRICT SHALL NOT AWARD HIGH      2,155        

SCHOOL CREDIT FOR THE COLLEGE COURSES IN WHICH THE STUDENT WAS     2,156        

ENROLLED AT THE TIME THE COLLEGE WITHDREW ITS ACCEPTANCE, AND ANY  2,157        

REIMBURSEMENT UNDER SECTION 3365.07 OF THE REVISED CODE FOR THE    2,158        

STUDENT'S ATTENDANCE PRIOR TO THE WITHDRAWAL SHALL BE THE SAME AS  2,160        

WOULD BE PAID FOR A STUDENT WHO VOLUNTARILY WITHDREW FROM THE      2,161        

COLLEGE AT THE SAME TIME IN THE TERM.  IF THE WITHDRAWAL RESULTS                

IN THE COLLEGE'S RECEIVING NO REIMBURSEMENT, THE COLLEGE MAY       2,163        

REQUIRE THE STUDENT TO RETURN OR PAY FOR THE TEXTBOOKS AND                      

MATERIALS IT PROVIDED THE STUDENT FREE OF CHARGE UNDER SECTION     2,164        

3365.08 OF THE REVISED CODE.                                       2,165        

      (C)  WHEN A STUDENT WHO ELECTED THE OPTION OF DIVISION (B)   2,168        

OF SECTION 3365.04 OF THE REVISED CODE IS EXPELLED UNDER DIVISION  2,170        

(B) OF SECTION 3313.66 OF THE REVISED CODE FROM A SCHOOL DISTRICT  2,172        

THAT HAS ADOPTED A POLICY UNDER SECTION 3313.613 OF THE REVISED    2,174        

CODE, THAT ELECTION IS AUTOMATICALLY REVOKED FOR ALL COLLEGE       2,175        

COURSES IN WHICH THE STUDENT IS ENROLLED DURING THE COLLEGE TERM   2,176        

IN WHICH THE EXPULSION IS IMPOSED.  ANY REIMBURSEMENT UNDER        2,177        

SECTION 3365.07 OF THE REVISED CODE FOR THE STUDENT'S ATTENDANCE   2,178        

PRIOR TO THE EXPULSION SHALL BE THE SAME AS WOULD BE PAID FOR A    2,180        

STUDENT WHO VOLUNTARILY WITHDREW FROM THE COLLEGE AT THE SAME                   

                                                          51     


                                                                 
TIME IN THE TERM.  IF THE REVOCATION RESULTS IN THE COLLEGE'S      2,181        

RECEIVING NO REIMBURSEMENT, THE COLLEGE MAY REQUIRE THE STUDENT    2,183        

TO RETURN OR PAY FOR THE TEXTBOOKS AND MATERIALS IT PROVIDED THE                

STUDENT FREE OF CHARGE UNDER SECTION 3365.08 OF THE REVISED CODE.  2,185        

      NO LATER THAN FIVE DAYS AFTER RECEIVING AN EXPULSION NOTICE  2,187        

FROM THE SUPERINTENDENT OF A DISTRICT THAT HAS ADOPTED A POLICY    2,188        

UNDER SECTION 3313.613 OF THE REVISED CODE, THE COLLEGE SHALL      2,189        

SEND A WRITTEN NOTICE TO THE EXPELLED STUDENT THAT THE STUDENT'S   2,191        

ELECTION OF DIVISION (B) OF SECTION 3365.04 OF THE REVISED CODE    2,192        

IS REVOKED.  IF THE COLLEGE ELECTS NOT TO WITHDRAW ITS ACCEPTANCE  2,194        

OF THE STUDENT, THE STUDENT SHALL PAY ALL APPLICABLE TUITION AND   2,195        

FEES FOR THE COLLEGE COURSES AND SHALL PAY FOR THE TEXTBOOKS AND   2,197        

MATERIALS THAT THE COLLEGE PROVIDED UNDER SECTION 3365.08 OF THE   2,198        

REVISED CODE.                                                                   

      Sec. 4507.061.  (A)  The registrar of motor vehicles shall   2,207        

record within ten days of receipt and keep at the main office of   2,208        

the bureau of motor vehicles all information provided to him THE   2,209        

REGISTRAR by the superintendent of a school district in            2,211        

accordance with division (B) of section 3321.13 of the Revised     2,212        

Code.                                                                           

      (B)  Whenever the registrar receives a notice under          2,214        

division (B) of section 3321.13 of the Revised Code, he THE        2,215        

REGISTRAR shall suspend the temporary instruction permit or        2,217        

driver's license of the person who is the subject of the notice    2,218        

or, if the person has not been issued such a permit or license,    2,220        

the registrar shall deny to the person the issuance of a           2,221        

temporary instruction permit or driver's license.  The             2,223        

requirements of the second paragraph of section 119.06 of the      2,225        

Revised Code do not apply to a suspension of a person's temporary  2,226        

instruction permit or driver's license or a denial of a person's   2,228        

opportunity to obtain a temporary instruction permit or driver's   2,229        

license by the registrar under this division.                      2,230        

      (C)  Upon suspending the temporary instruction permit or     2,232        

driver's license of any person or denying any person the           2,233        

                                                          52     


                                                                 
opportunity to be issued such a license or permit as provided in   2,234        

division (B) of this section, the registrar immediately shall      2,235        

notify the person in writing of the suspension or denial and       2,236        

inform him THE PERSON that he THE PERSON may petition for a        2,238        

hearing as provided in division (E) of this section.               2,239        

      (D)  Any person whose permit or license is suspended under   2,241        

this section shall mail or deliver his THE PERSON'S permit or      2,242        

license to the registrar of motor vehicles within twenty days of   2,244        

notification of the suspension; however, the person's permit or    2,246        

license and his THE PERSON'S driving privileges shall be           2,248        

suspended immediately upon receipt of the notification.  The       2,250        

registrar may retain the permit or license during the period of    2,251        

the suspension or he THE REGISTRAR may destroy it under section    2,253        

4507.54 of the Revised Code.  Any such suspension of a person's    2,254        

permit or license or denial of a person's opportunity to obtain a  2,255        

permit or license under this section shall remain in effect until  2,256        

the person attains eighteen years of age or until it is            2,258        

terminated prior to the child's attainment of that age pursuant    2,259        

to division (F) of this section.                                                

      (E)  Any person whose temporary instruction permit or        2,261        

driver's license has been suspended, or whose opportunity to       2,262        

obtain such a permit or license has been denied pursuant to this   2,263        

section, may file a petition in the juvenile court in whose        2,264        

jurisdiction the person resides alleging error in the action       2,265        

taken by the registrar of motor vehicles under division (B) of     2,266        

this section or alleging one or more of the matters within the     2,267        

scope of the hearing, as described in this division, or both. The  2,269        

petitioner shall notify the registrar and the superintendent of    2,270        

the school district who gave the notice to the registrar and                    

juvenile judge under division (B) of section 3321.13 of the        2,271        

Revised Code of the filing of the petition and send them copies    2,272        

of the petition.  The scope of the hearing is limited to the       2,273        

issues of whether the notice given by the superintendent to the    2,274        

registrar was in error and whether the suspension or denial of     2,275        

                                                          53     


                                                                 
driving privileges will result in substantial hardship to the      2,276        

petitioner.                                                        2,277        

      The registrar shall furnish the court a copy of the record   2,279        

created in accordance with division (A) of this section.  The      2,280        

registrar and the superintendent shall furnish the court with any  2,281        

other relevant information required by the court.                  2,282        

      In hearing the matter and determining whether the            2,284        

petitioner has shown that his THE PETITIONER'S temporary           2,285        

instruction permit or driver's license should not be suspended or  2,287        

that his THE PETITIONER'S opportunity to obtain such a permit or   2,289        

license should not be denied, the court shall decide the issue     2,290        

upon the information furnished by the registrar and the            2,291        

superintendent and any such additional evidence that the           2,292        

registrar, the superintendent, or the petitioner submits.          2,293        

      If the court finds from the evidence submitted that the      2,295        

petitioner has failed to show error in the action taken by the     2,296        

registrar under division (B) of this section and has failed to     2,297        

prove any of the matters within the scope of the hearing, then     2,298        

the court may assess the cost of the proceeding against the        2,299        

petitioner and shall uphold the suspension of his THE              2,300        

PETITIONER'S permit or license or the denial of his THE            2,302        

PETITIONER'S opportunity to obtain a permit or license.  If the    2,304        

court finds that the petitioner has shown error in the action      2,305        

taken by the registrar under division (B) of this section or has   2,306        

proved one or more of the matters within the scope of the          2,307        

hearing, or both, the cost of the proceeding shall be paid out of  2,308        

the county treasury of the county in which the proceedings were    2,309        

held, and the suspension of the petitioner's permit or license or  2,310        

the denial of the person's opportunity to obtain a permit or       2,311        

license shall be terminated.                                                    

      (F)  The registrar shall cancel the record created under     2,313        

this section of any person who is the subject of a notice given    2,314        

under division (B) of section 3321.13 of the Revised Code and      2,315        

shall terminate the suspension of the person's permit or license   2,316        

                                                          54     


                                                                 
or the denial of the person's opportunity to obtain a permit or    2,317        

license, if any of the following applies:                          2,318        

      (1)  The person is at least eighteen years of age.           2,320        

      (2)  The person provides evidence, as the registrar shall    2,322        

require by rule, of receipt of a high school diploma or a general  2,323        

educational development certificate of high school equivalence.    2,324        

      (3)  The superintendent of a school district informs the     2,326        

registrar that the notification of withdrawal, habitual absence    2,327        

without legitimate excuse, suspension, or expulsion concerning     2,328        

the person was in error.                                           2,329        

      (4)  The suspension or denial was imposed subsequent to a    2,331        

notification given under division (B)(3) OR (4) of section         2,332        

3321.13 of the Revised Code, and the superintendent of a school    2,333        

district informs the registrar that the person in question has     2,334        

satisfied any terms or conditions established by the school as     2,335        

necessary to terminate the suspension or denial of driving         2,336        

privileges.                                                                     

      (5)  The suspension or denial was imposed subsequent to a    2,338        

notification given under division (B)(1) of section 3321.13 of     2,339        

the Revised Code, and the superintendent of a school district      2,340        

informs the registrar that the person in question is now           2,341        

attending school or enrolled in and attending an approved program  2,342        

to obtain a diploma or its equivalent to the satisfaction of the   2,343        

school superintendent.                                             2,344        

      (6)  The suspension or denial was imposed subsequent to a    2,346        

notification given under division (B)(2) of section 3321.13 of     2,347        

the Revised Code, the person has completed at least one semester   2,348        

or term of school after the one in which the notification was      2,349        

given, the person requests the superintendent of the school        2,350        

district to notify the registrar that the person no longer is      2,351        

habitually absent without legitimate excuse, the superintendent    2,352        

determines that the person has not been absent from school         2,353        

without legitimate excuse in the current semester or term, as      2,354        

determined under that division, for more than ten consecutive      2,355        

                                                          55     


                                                                 
school days or for more than fifteen total school days, and the    2,356        

superintendent informs the registrar of that fact.  If a person    2,357        

described in division (F)(6) of this section requests the          2,358        

superintendent of the school district to notify the registrar      2,359        

that the person no longer is habitually absent without legitimate  2,361        

excuse and the superintendent makes the determination described    2,362        

in this division, the superintendent shall provide the             2,363        

information described in division (F)(6) of this section to the    2,365        

registrar within five days after receiving the request.                         

      (7)  The suspension or denial was imposed subsequent to a    2,367        

notification given under division (B)(2) of section 3321.13 of     2,368        

the Revised Code, and the superintendent of a school district      2,369        

informs the registrar that the person in question has received an  2,371        

age and schooling certificate in accordance with section 3331.01   2,372        

of the Revised Code.                                               2,373        

      (8)  The person filed a petition in court under division     2,375        

(E) of this section and the court found that the person showed     2,376        

error in the action taken by the registrar under division (B) of   2,377        

this section or proved one or more of the matters within the       2,378        

scope of the hearing on the petition, as set forth in division     2,379        

(E) of this section, or both.                                      2,380        

      At the end of the suspension period under this section and   2,382        

upon the request of the person whose temporary instruction permit  2,384        

or driver's license was suspended, the registrar shall return the  2,386        

driver's license or permit to the person or reissue the person's   2,387        

license or permit under section 4507.54 of the Revised Code, if    2,388        

the registrar destroyed the suspended license or permit under      2,389        

that section.                                                      2,390        

      Section 2.  That existing sections 2901.01, 2903.13,         2,392        

2917.11, 2923.122, 2923.161, 2929.14, 3313.613, 3313.66,           2,394        

3313.661, 3313.664, 3321.13, 3365.03, 3365.04, and 4507.061 of     2,395        

the Revised Code are hereby repealed.                              2,396        

      Section 3.  Section 2923.122 of the Revised Code is          2,398        

presented in this act as a composite of the section as amended by  2,399        

                                                          56     


                                                                 
both Am. Sub. H.B. 72 and Am. Sub. H.B. 124 of the 121st General   2,400        

Assembly, with the new language of neither of the acts shown in    2,401        

capital letters.  This is in recognition of the principle stated   2,402        

in division (B) of section 1.52 of the Revised Code that such      2,403        

amendments are to be harmonized where not substantively            2,404        

irreconcilable and constitutes a legislative finding that such is  2,405        

the resulting version in effect prior to the effective date of     2,406        

this act.