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
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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
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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
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(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
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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
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(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;
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(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
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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
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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
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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
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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
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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
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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.
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(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
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(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.