REPRESENTATIVES Reidelbach, Hagan, McGregor, Kearns, Faber, Otterman, Grendell, Williams, S. Patton, Cirelli, Allen, Clancy, Hollister, Gilb, Willamowski, Boccieri, Buehrer, Carano, Carmichael, Cates, Collier, Daniels, DeBose, Distel, Domenick, C. Evans, Fessler, Flowers, Gibbs, Hughes, Jolivette, Key, Martin, Niehaus, Olman, T. Patton, Price, Schaffer, Setzer, G. Smith, J. Stewart, Taylor, Wagner, Widener, Wolpert, Young

To amend sections 3313.64, 3313.66, and 3313.672 and

1

to enact sections 3109.51 to 3109.62, 3109.65 to

2

3109.73, 3109.75 to 3109.81, and 3313.649 of the

3

Revised Code to permit the execution of a power of

4

attorney or caretaker authorization affidavit

5

permitting a grandparent with whom a child resides

6

authority over the care, custody, and control of

7

the child including the authority to make

8

decisions regarding school matters and to consent

9

to the medical, psychological, and dental care for

10

the child.

11

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

Section 1. That sections 3313.64, 3313.66, and 3313.672 be	12
amended and sections 3109.51, 3109.52, 3109.53, 3109.54, 3109.55,	13
3109.56, 3109.57, 3109.58, 3109.59, 3109.60, 3109.61, 3109.62,	14
3109.65, 3109.66, 3109.67, 3109.68, 3109.69, 3109.70, 3109.71,	15
3109.72, 3109.73, 3109.75, 3109.76, 3109.77, 3109.78, 3109.79,	16
3109.80, 3109.81, and 3313.649 of the Revised Code be enacted to	17
read as follows:	18

Sec. 3109.51.  As used in sections 3109.52 to 3109.81 of the	19
Revised Code:	20

(A) "Child" means a person under eighteen years of age.

21

(B) "Custodian" means an individual with legal custody of a	22
child.	23

(C) "Guardian" means an individual granted authority by a	24
probate court pursuant to Chapter 2111. of the Revised Code to	25
exercise parental rights over a child to the extent provided in	26
the court's order and subject to the residual parental rights,	27
privileges, and responsibilities of the child's parents.	28

(D) "Legal custody" and "residual parental rights,	29
privileges, and responsibilities" have the same meanings as in	30
section 2151.011 of the Revised Code.	31

Sec. 3109.52.  The parent, guardian, or custodian of a child	32
may create a power of attorney that grants to a grandparent of the	33
child with whom the child is residing any of the parent's,	34
guardian's, or custodian's rights and responsibilities regarding	35
the care, custody, and control of the child, including the ability	36
to enroll the child in school, to obtain from the school district	37
educational and behavioral information about the child, to consent	38
to all school-related matters regarding the child, and to consent	39
to medical, psychological, or dental treatment for the child. The	40
power of attorney may not grant authority to consent to the	41
marriage or adoption of the child. The power of attorney does not	42
affect the rights of the parent, guardian, or custodian of the	43
child in any future proceeding concerning custody of the child or	44
the allocation of parental rights and responsibilities for the	45
care of the child and does not grant legal custody to the attorney	46
in fact.	47

Sec. 3109.53.  To create a power of attorney under section	48
3109.52 of the Revised Code, a parent, guardian, or custodian	49
shall use a form that is identical in form and content to the	50
following:	51

POWER OF ATTORNEY

52

I, the undersigned, residing at ..........., in the county of	53
.........., state of .........., hereby appoint the child's	54
grandparent, .........., residing at .........., in the county of	55
..........., in the state of Ohio, with whom the child of whom I	56
am the parent, guardian, or custodian is residing, my attorney in	57
fact to exercise any and all of my rights and responsibilities	58
regarding the care, custody, and control of the child, ..........,	59
born .........., having social security number (optional)	60
.........., except my authority to consent to marriage or adoption	61
of the child .........., and to perform all acts necessary in the	62
execution of the rights and responsibilities hereby granted, as	63
fully as I might do if personally present. The rights I am	64
transferring under this power of attorney include the ability to	65
enroll the child in school, to obtain from the school district	66
educational and behavioral information about the child, to consent	67
to all school-related matters regarding the child, and to consent	68
to medical, psychological, or dental treatment for the child. This	69
transfer does not affect my rights in any future proceedings	70
concerning the custody of the child or the allocation of the	71
parental rights and responsibilities for the care of the child and	72
does not give the attorney in fact legal custody of the child.	73
This transfer does not terminate my right to have regular contact	74
with the child.	75

I hereby certify that I am transferring the rights and	76
responsibilities designated in this power of attorney because one	77
of the following circumstances exists:	78

(1) I am: (a) Seriously ill, incarcerated or about to be	79
incarcerated, (b) Temporarily unable to provide financial support	80
or parental guidance to the child, (c) Temporarily unable to	81
provide adequate care and supervision of the child because of my	82
physical or mental condition, (d) Homeless or without a residence	83
because the current residence is destroyed or otherwise	84
uninhabitable, or (e) In or about to enter a residential treatment	85
program for substance abuse;	86

(2) I am a parent of the child, the child's other parent is	87
deceased, and I have authority to execute the power of attorney;	88
or	89

(3) I have a well-founded belief that the power of attorney	90
is in the child's best interest.	91

I hereby certify that I am not transferring my rights and	92
responsibilities regarding the child for the purpose of enrolling	93
the child in a school or school district so that the child may	94
participate in the academic or interscholastic athletic programs	95
provided by that school or district.	96

I understand that this document does not authorize a child	97
support enforcement agency to redirect child support payments to	98
the grandparent designated as attorney in fact. I further	99
understand that to have an existing child support order modified	100
or a new child support order issued administrative or judicial	101
proceedings must be initiated.	102

If there is a court order naming me the residential parent	103
and legal custodian of the child who is the subject of this power	104
of attorney and I am the sole parent signing this document, I	105
hereby certify that one of the following is the case:	106

(1) I have made reasonable efforts to locate and provide	107
notice of the creation of this power of attorney to the other	108
parent and have been unable to locate that parent;	109

(2) The other parent is prohibited from receiving a notice of	110
relocation; or	111

(3) The parental rights of the other parent have been	112
terminated by order of a juvenile court.	113

This POWER OF ATTORNEY is valid until the occurrence of	114
whichever of the following events occurs first: (1) one year	115
elapses following the date this POWER OF ATTORNEY is notarized;	116
(2) I revoke this POWER OF ATTORNEY in writing; (3) the child	117
ceases to reside with the grandparent designated as attorney in	118
fact; (4) this POWER OF ATTORNEY is terminated by court order; (5)	119
the death of the child who is the subject of the power of	120
attorney; or (6) the death of the grandparent designated as the	121
attorney in fact.	122

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	123
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	124
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY UP	125
TO 6 MONTHS IN JAIL, A FINE OF UP TO $1,000, OR BOTH.	126

Witness my hand this ...... day of ........., .....

127

State of Ohio             )

134

) ss:

135

County of ................)

136

Subscribed, sworn to, and acknowledged before me this ...... day	137
of ........., .............	138

Notices:

141

Additional information:

156

To the grandparent designated as attorney in fact:

157

To school officials:

160

To health care providers:

164

Sec. 3109.54.  A power of attorney created pursuant to	167
section 3109.52 of the Revised Code must be signed by the parent,	168
guardian, or custodian granting it and by the grandparent	169
designated as the attorney in fact. For the power of attorney to	170
be effective, the signatures must be notarized. The child's social	171
security number need not appear on the power of attorney for the	172
power of attorney to be effective.	173

Sec. 3109.55.  (A) A person who creates a power of attorney	174
under section 3109.52 of the Revised Code shall send notice of the	175
creation to the parent of the child who is not the residential	176
parent and legal custodian of the child unless one of the	177
following is the case:	178

(1) The parent is prohibited from receiving a notice of	179
relocation in accordance with section 3109.051 of the Revised	180
Code.	181

(2) The parent's parental rights have been terminated by	182
order of a juvenile court pursuant to Chapter 2151. of the Revised	183
Code.	184

(3) The parent cannot be located with reasonable efforts.

185

(4) The power of attorney is being created by both parents.

186

(B) The notice shall be sent by certified mail not later than	187
five days after the power of attorney is created. The notice shall	188
state the name and address of the person designated as the	189
attorney in fact.	190

Sec. 3109.56.  When a parent seeks to create a power of	191
attorney pursuant to section 3109.52 of the Revised Code, all of	192
the following apply:	193

(A) The power of attorney shall be executed by both parents	194
if any of the following apply:	195

(1) The parents are married to each other and are living as	196
husband and wife.	197

(2) The child is the subject of a shared parenting order	198
issued pursuant to section 3109.04 of the Revised Code.	199

(3) The child is the subject of a custody order issued	200
pursuant to section 3109.04 of the Revised Code unless one of the	201
following is the case:	202

(a) The parent who is not the residential parent and legal	203
custodian is prohibited from receiving a notice of relocation in	204
accordance with section 3109.051 of the Revised Code.	205

(b) The parental rights of the parent who is not the	206
residential parent and legal custodian have been terminated by	207
order of a juvenile court pursuant to Chapter 2151. of the Revised	208
Code.	209

(c) The parent who is not the residential parent and legal	210
custodian cannot be located with reasonable efforts.	211

(B) In all other cases, the power of attorney may be executed	212
only by one of the following persons:	213

(1) The parent who is the residential parent and legal	214
custodian of the child, as determined by court order or as	215
provided in section 3109.042 of the Revised Code;	216

(2) The parent with whom the child is residing the majority	217
of the school year in cases in which no court has issued an order	218
designating a parent as the residential parent and legal custodian	219
of the child or section 3109.042 of the Revised Code is not	220
applicable.	221

Sec. 3109.57. (A) Except as provided in division (B) of this	222
section and subject to sections 3109.56 and 3109.58 of the Revised	223
Code, a parent, guardian, or custodian may create a power of	224
attorney under section 3109.52 of the Revised Code only under the	225
following circumstances:	226

(1) The parent, guardian, or custodian of the child is any of	227
the following:	228

(a) Seriously ill, incarcerated, or about to be incarcerated;

229

(b) Temporarily unable to provide financial support or	230
parental guidance to the child;	231

(c) Temporarily unable to provide adequate care and	232
supervision of the child because of the parent's, guardian's, or	233
custodian's physical or mental condition;	234

(d) Homeless or without a residence because the current	235
residence is destroyed or otherwise uninhabitable;	236

(e) In or about to enter a residential treatment program for	237
substance abuse.	238

(2) The parent, guardian, or custodian of the child has a	239
well-founded belief that the power of attorney is in the child's	240
best interest.	241

(B) In addition to the circumstances described in division	242
(A) of this section and subject to sections 3109.56 and 3109.58 of	243
the Revised Code, a parent may execute a power of attorney if the	244
other parent of the child is deceased.	245

Sec. 3109.58. (A) As used in this section, "temporary	246
custody," "permanent custody," and "planned permanent living	247
arrangement" have the same meanings as in section 2151.011 of the	248
Revised Code.	249

(B) A power of attorney created pursuant to section 3109.52	250
of the Revised Code may not be executed with respect to a child	251
while any of the following proceedings are pending regarding the	252
child:	253

(1) A proceeding for the appointment of a guardian for, or	254
the adoption of, the child;	255

(2) A juvenile proceeding in which one of the following	256
applies:	257

(a) The temporary, permanent, or legal custody of the child	258
or the placement of the child in a planned permanent living	259
arrangement has been requested.	260

(b) The child is the subject of an ex parte emergency custody	261
order issued under division (D) of section 2151.31 of the Revised	262
Code, and no hearing has yet been held regarding the child under	263
division (A) of section 2151.314 of the Revised Code.	264

(c) The child is the subject of a temporary custody order	265
issued under section 2151.33 of the Revised Code.	266

(3) A proceeding for divorce, dissolution, legal separation,	267
annulment, or allocation of parental rights and responsibilities	268
regarding the child.	269

Sec. 3109.59. (A) A power of attorney created under section	270
3109.52 of the Revised Code terminates on the occurrence of	271
whichever of the following events occurs first:	272

(1) One year elapses following the date the power of attorney	273
is notarized.	274

(2) The power of attorney is revoked in writing by the person	275
who created it.	276

(3) The child ceases to reside with the grandparent	277
designated the attorney in fact.	278

(4) The power of attorney is terminated by court order.

279

(5) The death of the child who is the subject of the power of	280
attorney.	281

(6) The death of the grandparent designated as the attorney	282
in fact.	283

(B) Not later than five days after a power of attorney is	284
terminated pursuant to division (A)(2) of this section, a copy of	285
the revocation must be filed as follows:	286

(1) With the public children services agency the power of	287
attorney was filed with pursuant to section 3109.75 of the Revised	288
Code;	289

(2) If the power of attorney that is the subject of the	290
revocation is a second or subsequent power of attorney, with the	291
juvenile court the power of attorney is filed with pursuant to	292
section 3109.77 of the Revised Code.	293

Sec. 3109.60.  When a power of attorney created pursuant to	294
section 3109.52 of the Revised Code terminates pursuant to	295
division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of section	296
3109.59 of the Revised Code, the grandparent designated as the	297
attorney in fact shall notify, in writing, all of the following:	298

(A) The school district in which the child attends school;

299

(B) The child's health care providers;

300

(C) The child's health insurance coverage provider;

301

(D) The public children services agency in which the power of	302
attorney was filed under section 3109.75 of the Revised Code;	303

(E) The parent who is not the residential parent and legal	304
custodian and who is required to be given notice under section	305
3109.55 of the Revised Code;	306

(F) Any other person or entity that has an ongoing	307
relationship with the child or grandparent such that the person or	308
entity would reasonably rely on the power of attorney unless	309
notified of the termination.	310

The grandparent shall make the notifications not later than	311
one week after the date the power of attorney terminates.	312

Sec. 3109.61.  A person who, in good faith, relies on or	313
takes action in reliance on a power of attorney created under	314
section 3109.52 of the Revised Code is immune from any criminal or	315
civil liability for injury, death, or loss to persons or property	316
that might otherwise be incurred or imposed solely as a result of	317
the person's reliance or action. The person is not subject to any	318
disciplinary action from an entity that licenses or certifies the	319
person.	320

Any medical, psychological, or dental treatment provided to a	321
child in reliance on a power of attorney created under section	322
3109.52 of the Revised Code shall be considered to have been	323
provided in good faith if the person providing the treatment had	324
no actual knowledge of opposition by the parent, guardian, or	325
custodian.	326

This section does not provide immunity from civil or criminal	327
liability to any person for actions that are wanton, reckless, or	328
inconsistent with the ordinary standard of care required to be	329
exercised by anyone acting in the same capacity as the person.	330

Sec. 3109.62. A military power of attorney executed pursuant	331
to section 574(a) of the "National Defense Authorization Act for	332
Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, that	333
grants a person's rights and responsibilities regarding the care,	334
custody, and control of the person's child, including the ability	335
to enroll the child in school, to obtain from the school district	336
educational and behavioral information about the child, to consent	337
to all school-related matters regarding the child, and to consent	338
to medical, psychological, or dental treatment for the child shall	339
be considered a power of attorney created pursuant to sections	340
3109.51 to 3109.61 of the Revised Code, as long as the military	341
power of attorney, according to its terms, remains in effect.	342

Sec. 3109.65.  (A) Except as provided in division (B) of this	343
section, if a child is living with a grandparent who has made	344
reasonable attempts to locate and contact both of the child's	345
parents, or the child's guardian or custodian, but has been unable	346
to do so, the grandparent may obtain authority to exercise care,	347
custody, and control of the child including authority to enroll	348
the child in school, to discuss with the school district the	349
child's educational progress, to consent to all school-related	350
matters regarding the child, and to consent to medical,	351
psychological, or dental treatment for the child by executing a	352
caretaker authorization affidavit in accordance with section	353
3109.67 of the Revised Code.	354

(B) The grandparent may execute a caretaker authorization	355
affidavit without attempting to locate the following parent:	356

(1) If paternity has not been established with regard to the	357
child, the child's father.	358

(2) If the child is the subject of a custody order, the	359
following parent:	360

(a) A parent who is prohibited from receiving a notice of	361
relocation in accordance with section 3109.051 of the Revised	362
Code;	363

(b) A parent whose parental rights have been terminated by	364
order of a juvenile court pursuant to Chapter 2151. of the Revised	365
Code.	366

Sec. 3109.66.  The caretaker authorization affidavit that a	367
grandparent described in section 3109.65 of the Revised Code may	368
execute shall be identical in form and content to the following:	369

CARETAKER AUTHORIZATION AFFIDAVIT

370

Use of this affidavit is authorized by sections 3109.65 to 3109.73	371
of the Ohio Revised Code.	372

Completion of items 1-7 and the signing and notarization of this	373
affidavit is sufficient to authorize the grandparent signing to	374
exercise care, custody, and control of the child who is its	375
subject, including authority to enroll the child in school, to	376
discuss with the school district the child's educational progress,	377
to consent to all school-related matters regarding the child, and	378
to consent to medical, psychological, or dental treatment for the	379
child.	380

The child named below lives in my home, I am 18 years of age or	381
older, and I am the child's grandparent.	382

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	398
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	399
REVISED CODE, PUNISHABLE BY UP TO 6 MONTHS IN JAIL, A FINE OF UP	400
TO $1,000, OR BOTH.	401

I declare that the foregoing is true and correct:

402

Signed:.......................... Date:......................

403

Grandparent

404

State of Ohio             )

405

) ss:

406

County of ................)

407

Subscribed, sworn to, and acknowledged before me this ...... day	408
of ........., .............	409

Notices:

412

Additional information:

426

To caretakers:

427

To school officials:

430

To health care providers:

435

Sec. 3109.67. A caretaker authorization affidavit described	439
in section 3109.66 of the Revised Code is executed when the	440
affidavit is completed, signed by a grandparent described in	441
section 3109.65 of the Revised Code, and notarized.	442

Sec. 3109.68. (A) As used in this section, "temporary	443
custody," "permanent custody," and "planned permanent living	444
arrangement" have the same meanings as in section 2151.011 of the	445
Revised Code.	446

(B) An affidavit may not be executed with respect to a child	447
while any of the following proceedings are pending regarding the	448
child:	449

(1) A proceeding for the appointment of a guardian for, or	450
the adoption of, the child;	451

(2) A juvenile proceeding in which one of the following	452
applies:	453

(a) The temporary, permanent, or legal custody of the child	454
or the placement of the child in a planned permanent living	455
arrangement has been requested.	456

(b) The child is the subject of an ex parte emergency custody	457
order issued under division (D) of section 2151.31 of the Revised	458
Code, and no hearing has yet been held regarding the child under	459
division (A) of section 2151.314 of the Revised Code.	460

(c) The child is the subject of a temporary custody order	461
issued under section 2151.33 of the Revised Code.	462

(3) A proceeding for divorce, dissolution, legal separation,	463
annulment, or allocation of parental rights and responsibilities	464
regarding the child.	465

Sec. 3109.69.  Once a caretaker authorization affidavit has	466
been executed under section 3109.67 of the Revised Code, the	467
grandparent may exercise care, custody, and control of the child,	468
including enrolling the child in school, discussing with the	469
school district the child's educational progress, consenting to	470
all school-related matters regarding the child, and consenting to	471
medical, psychological, or dental treatment for the child. The	472
affidavit does not affect the rights and responsibilities of the	473
parent, guardian, or custodian regarding the child, does not grant	474
legal custody to the grandparent, and does not grant authority to	475
the grandparent to consent to the marriage or adoption of the	476
child.	477

Sec. 3109.70.  An executed caretaker authorization affidavit	478
shall terminate on the occurrence of whichever of the following	479
comes first:	480

(A) One year elapses following the date the affidavit is	481
notarized.	482

(B) The child ceases to reside with the grandparent.

483

(C) The parent, guardian, or custodian of the child who is	484
the subject of the affidavit acts, in accordance with section	485
3109.72 of the Revised Code, to negate, reverse, or otherwise	486
disapprove an action or decision of the grandparent who signed the	487
affidavit with respect to the child.	488

(D) The affidavit is terminated by court order.

489

(E) The death of the child who is the subject of the	490
affidavit.	491

(F) The death of the grandparent who executed the affidavit.

492

Sec. 3109.71.  When a caretaker authorization affidavit	493
terminates pursuant to division (A), (B), (C), (D), or (E) of	494
section 3109.70 of the Revised Code, the grandparent shall notify,	495
in writing, the school district in which the child attends school,	496
the child's health care providers, the child's health insurance	497
coverage provider, the public children services agency in which	498
the affidavit was filed under section 3109.75 of the Revised Code,	499
and any other person or entity that has an ongoing relationship	500
with the child or grandparent such that the person or entity would	501
reasonably rely on the affidavit unless notified of the	502
termination. The grandparent shall make the notifications not	503
later than one week after the date the affidavit terminates.	504

Sec. 3109.72.  The parent, guardian, or custodian of a child	505
may negate, reverse, or otherwise disapprove any action taken or	506
decision made pursuant to a caretaker authorization affidavit	507
unless negation, reversal, or disapproval would jeopardize the	508
life, health, or safety of the child. A parent, guardian, or	509
custodian may negate, reverse, or disapprove a caretaker's action	510
or decision only by delivering written notice of negation,	511
reversal, or disapproval to the caretaker and the person	512
responding to the caretaker's action or decision in reliance on	513
the affidavit. The act to negate, reverse, or disapprove the	514
action or decision, regardless of whether it is effective,	515
terminates the affidavit.	516

Sec. 3109.73.  A person who, in good faith, relies on or	517
takes action in reliance on a caretaker authorization affidavit is	518
immune from any criminal or civil liability for injury, death, or	519
loss to persons or property that might otherwise be incurred or	520
imposed solely as a result of the reliance or action. The person	521
is not subject to any disciplinary action from an entity that	522
licenses or certifies the person. Any medical, psychological, or	523
dental treatment provided to a child in reliance on an affidavit	524
with respect to the child shall be considered to have been	525
provided in good faith if the the person providing the treatment	526
had no actual knowledge of opposition by the parent, guardian, or	527
custodian.	528

This section does not provide immunity from civil or criminal	529
liability to any person for actions that are wanton, reckless, or	530
inconsistent with the ordinary standard of care required to be	531
exercised by anyone acting in the same capacity as the person.	532

Sec. 3109.75.  A person who creates a power of attorney under	533
section 3109.52 of the Revised Code or executes a caretaker	534
authorization affidavit under section 3109.67 of the Revised Code	535
shall file the power of attorney or affidavit with the public	536
children services agency of the county in which the attorney in	537
fact or grandparent who executed the affidavit resides. The power	538
of attorney or affidavit shall be filed not later than five days	539
after the date it is created or executed.	540

A power of attorney filed under this section shall be	541
accompanied by a receipt showing that the notice of creation of	542
the power of attorney was sent to the parent who is not the	543
residential parent and legal custodian by certified mail under	544
section 3109.55 of the Revised Code.	545

Sec.  3109.76.  On the request of the person in charge of	546
admissions of a school or a person described under division	547
(A)(1)(b) of section 2151.421 of the Revised Code, a public	548
children services agency shall verify whether a power of attorney	549
of caretaker authorization affidavit has been filed under section	550
3109.75 of the Revised Code with respect to a child.	551

Sec. 3109.77.  If a second or subsequent power of attorney is	552
created under section 3109.52 of the Revised Code regarding a	553
child who is the subject of a prior power of attorney or a second	554
or subsequent caretaker authorization affidavit is executed under	555
section 3109.67 of the Revised Code regarding a child who is the	556
subject of a prior affidavit, the person who creates the power of	557
attorney or executes the affidavit must file it with the juvenile	558
court of the county in which the grandparent designated as	559
attorney in fact or the grandparent who executed the affidavit	560
resides.	561

Sec.  3109.78. (A) On the filing of a power of attorney or	562
caretaker authorization affidavit under section 3109.77 of the	563
Revised Code, the juvenile court shall schedule a hearing to	564
determine whether the power of attorney or affidavit is in the	565
child's best interest. The court shall provide notice of the date,	566
time, and location of the hearing to the parties and to the parent	567
who is not the residential parent and legal custodian unless one	568
of the following circumstances applies:	569

(1) In accordance with section 3109.051 of the Revised Code,	570
that parent is not to be given a notice of relocation.	571

(2) The parent's parental rights have been terminated by	572
order of a juvenile court pursuant to Chapter 2151. of the Revised	573
Code.	574

(3) The parent cannot be located with reasonable efforts.

575

(4) The power of attorney was created by both parents.

576

(B) The hearing shall be held not later than ten days after	577
the date the power of attorney or affidavit was filed with the	578
court. At the hearing, the parties and the parent who is not the	579
residential parent and legal custodian may present evidence and be	580
represented by counsel.	581

(C) At the conclusion of the hearing, the court may take any	582
of the following actions that the court determines is in the	583
child's best interest:	584

(1) Approve the power of attorney or affidavit. If approved,	585
the power of attorney or affidavit shall remain in effect unless	586
otherwise terminated under section 3109.59 of the Revised Code	587
with respect to a power of attorney or section 3109.70 of the	588
Revised Code with respect to an affidavit.	589

(2) Issue an order terminating the power of attorney or	590
affidavit and ordering the child returned to the child's parent,	591
guardian, or custodian. If the parent, guardian, or custodian of	592
the child cannot be located, the court shall treat the filing of	593
the power of attorney or affidavit with the court as a complaint	594
under section 2151.27 of the Revised Code that the child is a	595
dependent child.	596

(3) Treat the filing of the power of attorney or affidavit as	597
a petition for legal custody and award legal custody of the child	598
to the grandparent designated as the attorney in fact under the	599
power of attorney or to the grandparent who executed the	600
affidavit.	601

(D) The court shall conduct a de novo review of any order	602
issued under division (C) of this section if all of the following	603
apply regarding the parent who is not the residential parent and	604
legal custodian:	605

(1) The parent did not appear at the hearing from which the	606
order was issued.	607

(2) The parent was not represented by counsel at the hearing.

608

(3) The parent filed a motion with the court not later than	609
fourteen days after receiving notice of the hearing pursuant to	610
division (A) of this section.	611

Sec. 3109.79. (A) No person shall create a power of attorney	612
under section 3109.52 of the Revised Code or execute a caretaker	613
authorization affidavit under section 3109.67 of the Revised Code	614
for the purpose of enrolling the child in a school or school	615
district so that the child may participate in the academic or	616
interscholastic athletic programs provided by the school or school	617
district.	618

(B) A person who violates division (A) of this section is in	619
violation of section 2921.13 of the Revised Code and is guilty of	620
falsification, a misdemeanor of the first degree.	621

(C) A power of attorney created, or an affidavit executed, in	622
violation of this section is void as of the date of its creation	623
or execution.	624

Sec. 3109.80.  As used in this section, "administrative child	625
support order" and "court child support order" have the same	626
meanings as in section 3119.01 of the Revised Code.	627

A power of attorney created under section 3109.52 of the	628
Revised Code or a caretaker authorization affidavit executed under	629
section 3109.67 of the Revised Code shall not affect the	630
enforcement of an administrative child support order or court	631
child support order, unless a child support enforcement agency,	632
with respect to an administrative child support order, or a court,	633
with respect to either order, issues an order providing otherwise.	634

Sec.  3109.81.  Only one power of attorney created under	635
section 3109.52 of the Revised Code or one caretaker authorization	636
executed under section 3109.67 of the Revised Code may be in	637
effect for a child at one time.	638

Sec. 3313.64.  (A) As used in this section and in section	639
3313.65 of the Revised Code:	640

(1) "Parent"(a) Except as provided in division (A)(1)(b) of	641
this section, "parent" means either parent, unless the parents are	642
separated or divorced or their marriage has been dissolved or	643
annulled, in which case "parent" means the parent who is the	644
residential parent and legal custodian of the child. When a child	645
is in the legal custody of a government agency or a person other	646
than the child's natural or adoptive parent, "parent" means the	647
parent with residual parental rights, privileges, and	648
responsibilities. When a child is in the permanent custody of a	649
government agency or a person other than the child's natural or	650
adoptive parent, "parent" means the parent who was divested of	651
parental rights and responsibilities for the care of the child and	652
the right to have the child live with the parent and be the legal	653
custodian of the child and all residual parental rights,	654
privileges, and responsibilities.	655

(b) When a child is the subject of a power of attorney	656
executed under sections 3109.51 to 3109.62 of the Revised Code,	657
"parent" means the grandparent designated as attorney in fact	658
under the power of attorney. When a child is the subject of a	659
caretaker authorization affidavit executed under sections 3109.64	660
to 3109.73 of the Revised Code, "parent" means the grandparent	661
that executed the affidavit.	662

(2) "Legal custody," "permanent custody," and "residual	663
parental rights, privileges, and responsibilities" have the same	664
meanings as in section 2151.011 of the Revised Code.	665

(3) "School district" or "district" means a city, local, or	666
exempted village school district and excludes any school operated	667
in an institution maintained by the department of youth services.	668

(4) Except as used in division (C)(2) of this section, "home"	669
means a home, institution, foster home, group home, or other	670
residential facility in this state that receives and cares for	671
children, to which any of the following applies:	672

(a) The home is licensed, certified, or approved for such	673
purpose by the state or is maintained by the department of youth	674
services.	675

(b) The home is operated by a person who is licensed,	676
certified, or approved by the state to operate the home for such	677
purpose.	678

(c) The home accepted the child through a placement by a	679
person licensed, certified, or approved to place a child in such a	680
home by the state.	681

(d) The home is a children's home created under section	682
5153.21 or 5153.36 of the Revised Code.	683

(5) "Agency" means all of the following:

684

(a) A public children services agency;

685

(b) An organization that holds a certificate issued by the	686
Ohio department of job and family services in accordance with the	687
requirements of section 5103.03 of the Revised Code and assumes	688
temporary or permanent custody of children through commitment,	689
agreement, or surrender, and places children in family homes for	690
the purpose of adoption;	691

(c) Comparable agencies of other states or countries that	692
have complied with applicable requirements of section 2151.39, or	693
sections 5103.20 to 5103.28 of the Revised Code.	694

(6) A child is placed for adoption if either of the following	695
occurs:	696

(a) An agency to which the child has been permanently	697
committed or surrendered enters into an agreement with a person	698
pursuant to section 5103.16 of the Revised Code for the care and	699
adoption of the child.	700

(b) The child's natural parent places the child pursuant to	701
section 5103.16 of the Revised Code with a person who will care	702
for and adopt the child.	703

(7) "Handicapped preschool child" means a handicapped child,	704
as defined by division (A) of section 3323.01 of the Revised Code,	705
who is at least three years of age but is not of compulsory school	706
age, as defined in section 3321.01 of the Revised Code, and who is	707
not currently enrolled in kindergarten.	708

(8) "Child," unless otherwise indicated, includes handicapped	709
preschool children.	710

(B) Except as otherwise provided in section 3321.01 of the	711
Revised Code for admittance to kindergarten and first grade, a	712
child who is at least five but under twenty-two years of age and	713
any handicapped preschool child shall be admitted to school as	714
provided in this division.	715

(1) A child shall be admitted to the schools of the school	716
district in which the child's parent resides.	717

(2) A child who does not reside in the district where the	718
child's parent resides shall be admitted to the schools of the	719
district in which the child resides if any of the following	720
applies:	721

(a) The child is in the legal or permanent custody of a	722
government agency or a person other than the child's natural or	723
adoptive parent.	724

(b) The child resides in a home.

725

(c) The child requires special education.

726

(3) A child who is not entitled under division (B)(2) of this	727
section to be admitted to the schools of the district where the	728
child resides and who is residing with a resident of this state	729
with whom the child has been placed for adoption shall be admitted	730
to the schools of the district where the child resides unless	731
either of the following applies:	732

(a) The placement for adoption has been terminated.

733

(b) Another school district is required to admit the child	734
under division (B)(1) of this section.	735

Division (B) of this section does not prohibit the board of	736
education of a school district from placing a handicapped child	737
who resides in the district in a special education program outside	738
of the district or its schools in compliance with Chapter 3323. of	739
the Revised Code.	740

(C) A district shall not charge tuition for children admitted	741
under division (B)(1) or (3) of this section. If the district	742
admits a child under division (B)(2) of this section, tuition	743
shall be paid to the district that admits the child as follows:	744

(1) If the child receives special education in accordance	745
with Chapter 3323. of the Revised Code, tuition shall be paid in	746
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	747
the Revised Code regardless of who has custody of the child or	748
whether the child resides in a home.	749

(2) Except as otherwise provided in division (C)(2)(d) of	750
this section, if the child is in the permanent or legal custody of	751
a government agency or person other than the child's parent,	752
tuition shall be paid by:	753

(a) The district in which the child's parent resided at the	754
time the court removed the child from home or at the time the	755
court vested legal or permanent custody of the child in the person	756
or government agency, whichever occurred first;	757

(b) If the parent's residence at the time the court removed	758
the child from home or placed the child in the legal or permanent	759
custody of the person or government agency is unknown, tuition	760
shall be paid by the district in which the child resided at the	761
time the child was removed from home or placed in legal or	762
permanent custody, whichever occurred first;	763

(c) If a school district cannot be established under division	764
(C)(2)(a) or (b) of this section, tuition shall be paid by the	765
district determined as required by section 2151.357 of the Revised	766
Code by the court at the time it vests custody of the child in the	767
person or government agency;	768

(d) If at the time the court removed the child from home or	769
vested legal or permanent custody of the child in the person or	770
government agency, whichever occurred first, one parent was in a	771
residential or correctional facility or a juvenile residential	772
placement and the other parent, if living and not in such a	773
facility or placement, was not known to reside in this state,	774
tuition shall be paid by the district determined under division	775
(D) of section 3313.65 of the Revised Code as the district	776
required to pay any tuition while the parent was in such facility	777
or placement.	778

(3) If the child is not in the permanent or legal custody of	779
a government agency or person other than the child's parent and	780
the child resides in a home, tuition shall be paid by one of the	781
following:	782

(a) The school district in which the child's parent resides;

783

(b) If the child's parent is not a resident of this state,	784
the home in which the child resides.	785

(D) Tuition required to be paid under divisions (C)(2) and	786
(3)(a) of this section shall be computed in accordance with	787
section 3317.08 of the Revised Code. Tuition required to be paid	788
under division (C)(3)(b) of this section shall be computed in	789
accordance with section 3317.081 of the Revised Code. If a home	790
fails to pay the tuition required by division (C)(3)(b) of this	791
section, the board of education providing the education may	792
recover in a civil action the tuition and the expenses incurred in	793
prosecuting the action, including court costs and reasonable	794
attorney's fees. If the prosecuting attorney or city director of	795
law represents the board in such action, costs and reasonable	796
attorney's fees awarded by the court, based upon the prosecuting	797
attorney's, director's, or one of their designee's time spent	798
preparing and presenting the case, shall be deposited in the	799
county or city general fund.	800

(E) A board of education may enroll a child free of any	801
tuition obligation for a period not to exceed sixty days, on the	802
sworn statement of an adult resident of the district that the	803
resident has initiated legal proceedings for custody of the child.	804

(F) In the case of any individual entitled to attend school	805
under this division, no tuition shall be charged by the school	806
district of attendance and no other school district shall be	807
required to pay tuition for the individual's attendance.	808
Notwithstanding division (B), (C), or (E) of this section:	809

(1) All persons at least eighteen but under twenty-two years	810
of age who live apart from their parents, support themselves by	811
their own labor, and have not successfully completed the high	812
school curriculum or the individualized education program	813
developed for the person by the high school pursuant to section	814
3323.08 of the Revised Code, are entitled to attend school in the	815
district in which they reside.	816

(2) Any child under eighteen years of age who is married is	817
entitled to attend school in the child's district of residence.	818

(3) A child is entitled to attend school in the district in	819
which either of the child's parents is employed if the child has a	820
medical condition that may require emergency medical attention.	821
The parent of a child entitled to attend school under division	822
(F)(3) of this section shall submit to the board of education of	823
the district in which the parent is employed a statement from the	824
child's physician certifying that the child's medical condition	825
may require emergency medical attention. The statement shall be	826
supported by such other evidence as the board may require.	827

(4) Any child residing with a person other than the child's	828
parent is entitled, for a period not to exceed twelve months, to	829
attend school in the district in which that person resides if the	830
child's parent files an affidavit with the superintendent of the	831
district in which the person with whom the child is living resides	832
stating all of the following:	833

(a) That the parent is serving outside of the state in the	834
armed services of the United States;	835

(b) That the parent intends to reside in the district upon	836
returning to this state;	837

(c) The name and address of the person with whom the child is	838
living while the parent is outside the state.	839

(5) Any child under the age of twenty-two years who, after	840
the death of a parent, resides in a school district other than the	841
district in which the child attended school at the time of the	842
parent's death is entitled to continue to attend school in the	843
district in which the child attended school at the time of the	844
parent's death for the remainder of the school year, subject to	845
approval of that district board.	846

(6) A child under the age of twenty-two years who resides	847
with a parent who is having a new house built in a school district	848
outside the district where the parent is residing is entitled to	849
attend school for a period of time in the district where the new	850
house is being built. In order to be entitled to such attendance,	851
the parent shall provide the district superintendent with the	852
following:	853

(a) A sworn statement explaining the situation, revealing the	854
location of the house being built, and stating the parent's	855
intention to reside there upon its completion;	856

(b) A statement from the builder confirming that a new house	857
is being built for the parent and that the house is at the	858
location indicated in the parent's statement.	859

(7) A child under the age of twenty-two years residing with a	860
parent who has a contract to purchase a house in a school district	861
outside the district where the parent is residing and who is	862
waiting upon the date of closing of the mortgage loan for the	863
purchase of such house is entitled to attend school for a period	864
of time in the district where the house is being purchased. In	865
order to be entitled to such attendance, the parent shall provide	866
the district superintendent with the following:	867

(a) A sworn statement explaining the situation, revealing the	868
location of the house being purchased, and stating the parent's	869
intent to reside there;	870

(b) A statement from a real estate broker or bank officer	871
confirming that the parent has a contract to purchase the house,	872
that the parent is waiting upon the date of closing of the	873
mortgage loan, and that the house is at the location indicated in	874
the parent's statement.	875

The district superintendent shall establish a period of time	876
not to exceed ninety days during which the child entitled to	877
attend school under division (F)(6) or (7) of this section may	878
attend without tuition obligation. A student attending a school	879
under division (F)(6) or (7) of this section shall be eligible to	880
participate in interscholastic athletics under the auspices of	881
that school, provided the board of education of the school	882
district where the student's parent resides, by a formal action,	883
releases the student to participate in interscholastic athletics	884
at the school where the student is attending, and provided the	885
student receives any authorization required by a public agency or	886
private organization of which the school district is a member	887
exercising authority over interscholastic sports.	888

(8) A child whose parent is a full-time employee of a city,	889
local, or exempted village school district, or of an educational	890
service center, may be admitted to the schools of the district	891
where the child's parent is employed, or in the case of a child	892
whose parent is employed by an educational service center, in the	893
district that serves the location where the parent's job is	894
primarily located, provided the district board of education	895
establishes such an admission policy by resolution adopted by a	896
majority of its members. Any such policy shall take effect on the	897
first day of the school year and the effective date of any	898
amendment or repeal may not be prior to the first day of the	899
subsequent school year. The policy shall be uniformly applied to	900
all such children and shall provide for the admission of any such	901
child upon request of the parent. No child may be admitted under	902
this policy after the first day of classes of any school year.	903

(9) A child who is with the child's parent under the care of	904
a shelter for victims of domestic violence, as defined in section	905
3113.33 of the Revised Code, is entitled to attend school free in	906
the district in which the child is with the child's parent, and no	907
other school district shall be required to pay tuition for the	908
child's attendance in that school district.	909

The enrollment of a child in a school district under this	910
division shall not be denied due to a delay in the school	911
district's receipt of any records required under section 3313.672	912
of the Revised Code or any other records required for enrollment.	913
Any days of attendance and any credits earned by a child while	914
enrolled in a school district under this division shall be	915
transferred to and accepted by any school district in which the	916
child subsequently enrolls. The state board of education shall	917
adopt rules to ensure compliance with this division.	918

(10) Any child under the age of twenty-two years whose parent	919
has moved out of the school district after the commencement of	920
classes in the child's senior year of high school is entitled,	921
subject to the approval of that district board, to attend school	922
in the district in which the child attended school at the time of	923
the parental move for the remainder of the school year and for one	924
additional semester or equivalent term. A district board may also	925
adopt a policy specifying extenuating circumstances under which a	926
student may continue to attend school under division (F)(10) of	927
this section for an additional period of time in order to	928
successfully complete the high school curriculum for the	929
individualized education program developed for the student by the	930
high school pursuant to section 3323.08 of the Revised Code.	931

(11) As used in this division, "grandparent" means a parent	932
of a parent of a child. A child under the age of twenty-two years	933
who is in the custody of the child's parent, resides with a	934
grandparent, and does not require special education is entitled to	935
attend the schools of the district in which the child's	936
grandparent resides, provided that, prior to such attendance in	937
any school year, the board of education of the school district in	938
which the child's grandparent resides and the board of education	939
of the school district in which the child's parent resides enter	940
into a written agreement specifying that good cause exists for	941
such attendance, describing the nature of this good cause, and	942
consenting to such attendance.	943

In lieu of a consent form signed by a parent, a board of	944
education may request the grandparent of a child attending school	945
in the district in which the grandparent resides pursuant to	946
division (F)(11) of this section to complete any consent form	947
required by the district, including any authorization required by	948
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	949
Upon request, the grandparent shall complete any consent form	950
required by the district. A school district shall not incur any	951
liability solely because of its receipt of a consent form from a	952
grandparent in lieu of a parent.	953

Division (F)(11) of this section does not create, and shall	954
not be construed as creating, a new cause of action or substantive	955
legal right against a school district, a member of a board of	956
education, or an employee of a school district. This section does	957
not affect, and shall not be construed as affecting, any	958
immunities from defenses to tort liability created or recognized	959
by Chapter 2744. of the Revised Code for a school district,	960
member, or employee.	961

(12) A child under the age of twenty-two years is entitled to	962
attend school in a school district other than the district in	963
which the child is entitled to attend school under division (B),	964
(C), or (E) of this section provided that, prior to such	965
attendance in any school year, both of the following occur:	966

(a) The superintendent of the district in which the child is	967
entitled to attend school under division (B), (C), or (E) of this	968
section contacts the superintendent of another district for	969
purposes of this division;	970

(b) The superintendents of both districts enter into a	971
written agreement that consents to the attendance and specifies	972
that the purpose of such attendance is to protect the student's	973
physical or mental well-being or to deal with other extenuating	974
circumstances deemed appropriate by the superintendents.	975

While an agreement is in effect under this division for a	976
student who is not receiving special education under Chapter 3323.	977
of the Revised Code and notwithstanding Chapter 3327. of the	978
Revised Code, the board of education of neither school district	979
involved in the agreement is required to provide transportation	980
for the student to and from the school where the student attends.	981

A student attending a school of a district pursuant to this	982
division shall be allowed to participate in all student	983
activities, including interscholastic athletics, at the school	984
where the student is attending on the same basis as any student	985
who has always attended the schools of that district while of	986
compulsory school age.	987

(13) All school districts shall comply with the	988
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	989
seq., for the education of homeless children. Each city, local,	990
and exempted village school district shall comply with the	991
requirements of that act governing the provision of a free,	992
appropriate public education, including public preschool, to each	993
homeless child.	994

When a child loses permanent housing and becomes a homeless	995
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	996
such a homeless person changes temporary living arrangements, the	997
child's parent or guardian shall have the option of enrolling the	998
child in either of the following:	999

(a) The child's school of origin, as defined in 42 U.S.C.A.	1000
11432(g)(3)(C);	1001

(b) The school that is operated by the school district in	1002
which the shelter where the child currently resides is located and	1003
that serves the geographic area in which the shelter is located.	1004

(G) A board of education, after approving admission, may	1005
waive tuition for students who will temporarily reside in the	1006
district and who are either of the following:	1007

(1) Residents or domiciliaries of a foreign nation who	1008
request admission as foreign exchange students;	1009

(2) Residents or domiciliaries of the United States but not	1010
of Ohio who request admission as participants in an exchange	1011
program operated by a student exchange organization.	1012

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1013
3327.04, and 3327.06 of the Revised Code, a child may attend	1014
school or participate in a special education program in a school	1015
district other than in the district where the child is entitled to	1016
attend school under division (B) of this section.	1017

(I) This division does not apply to a child receiving special	1018
education.	1019

A school district required to pay tuition pursuant to	1020
division (C)(2) or (3) of this section or section 3313.65 of the	1021
Revised Code shall have an amount deducted under division (F) of	1022
section 3317.023 of the Revised Code equal to its own tuition rate	1023
for the same period of attendance. A school district entitled to	1024
receive tuition pursuant to division (C)(2) or (3) of this section	1025
or section 3313.65 of the Revised Code shall have an amount	1026
credited under division (F) of section 3317.023 of the Revised	1027
Code equal to its own tuition rate for the same period of	1028
attendance. If the tuition rate credited to the district of	1029
attendance exceeds the rate deducted from the district required to	1030
pay tuition, the department of education shall pay the district of	1031
attendance the difference from amounts deducted from all	1032
districts' payments under division (F) of section 3317.023 of the	1033
Revised Code but not credited to other school districts under such	1034
division and from appropriations made for such purpose. The	1035
treasurer of each school district shall, by the fifteenth day of	1036
January and July, furnish the superintendent of public instruction	1037
a report of the names of each child who attended the district's	1038
schools under divisions (C)(2) and (3) of this section or section	1039
3313.65 of the Revised Code during the preceding six calendar	1040
months, the duration of the attendance of those children, the	1041
school district responsible for tuition on behalf of the child,	1042
and any other information that the superintendent requires.	1043

Upon receipt of the report the superintendent, pursuant to	1044
division (F) of section 3317.023 of the Revised Code, shall deduct	1045
each district's tuition obligations under divisions (C)(2) and (3)	1046
of this section or section 3313.65 of the Revised Code and pay to	1047
the district of attendance that amount plus any amount required to	1048
be paid by the state.	1049

(J) In the event of a disagreement, the superintendent of	1050
public instruction shall determine the school district in which	1051
the parent resides.	1052

(K) Nothing in this section requires or authorizes, or shall	1053
be construed to require or authorize, the admission to a public	1054
school in this state of a pupil who has been permanently excluded	1055
from public school attendance by the superintendent of public	1056
instruction pursuant to sections 3301.121 and 3313.662 of the	1057
Revised Code.	1058

Sec. 3313.649.  (A) As used in this section:

1059

(1) "Power of attorney" means a power of attorney created	1060
under section 3109.52 of the Revised Code.	1061

(2) "Caretaker authorization affidavit" means an affidavit	1062
executed under section 3109.67 of the Revised Code.	1063

(B) The grandparent who is attorney in fact under a power of	1064
attorney or the grandparent that executed a caretaker	1065
authorization affidavit may enroll the child who is the subject of	1066
the power of attorney or affidavit in a school in the school	1067
district in which the grandparent resides. Unless another reason	1068
exists under the Revised Code to exclude the child, the child may	1069
attend the schools of the school district in which the grandparent	1070
resides.	1071

Sec. 3313.66.  (A) Except as provided under division (B)(2)	1072
of this section, the superintendent of schools of a city, exempted	1073
village, or local school district, or the principal of a public	1074
school may suspend a pupil from school for not more than ten	1075
school days. The board of education of a city, exempted village,	1076
or local school district may adopt a policy granting assistant	1077
principals and other administrators the authority to suspend a	1078
pupil from school for a period of time as specified in the policy	1079
of the board of education, not to exceed ten school days. If at	1080
the time a suspension is imposed there are fewer than ten school	1081
days remaining in the school year in which the incident that gives	1082
rise to the suspension takes place, the superintendent may apply	1083
any remaining part or all of the period of the suspension to the	1084
following school year. Except in the case of a pupil given an	1085
in-school suspension, no pupil shall be suspended unless prior to	1086
the suspension such superintendent or principal does both of the	1087
following:	1088

(1) Gives the pupil written notice of the intention to	1089
suspend the pupil and the reasons for the intended suspension and,	1090
if the proposed suspension is based on a violation listed in	1091
division (A) of section 3313.662 of the Revised Code and if the	1092
pupil is sixteen years of age or older, includes in the notice a	1093
statement that the superintendent may seek to permanently exclude	1094
the pupil if the pupil is convicted of or adjudicated a delinquent	1095
child for that violation;	1096

(2) Provides the pupil an opportunity to appear at an	1097
informal hearing before the principal, assistant principal,	1098
superintendent, or superintendent's designee and challenge the	1099
reason for the intended suspension or otherwise to explain the	1100
pupil's actions.	1101

(B)(1) Except as provided under division (B)(2), (3), or (4)	1102
of this section, the superintendent of schools of a city, exempted	1103
village, or local school district may expel a pupil from school	1104
for a period not to exceed the greater of eighty school days or	1105
the number of school days remaining in the semester or term in	1106
which the incident that gives rise to the expulsion takes place,	1107
unless the expulsion is extended pursuant to division (F) of this	1108
section. If at the time an expulsion is imposed there are fewer	1109
than eighty school days remaining in the school year in which the	1110
incident that gives rise to the expulsion takes place, the	1111
superintendent may apply any remaining part or all of the period	1112
of the expulsion to the following school year.	1113

(2)(a) Unless a pupil is permanently excluded pursuant to	1114
section 3313.662 of the Revised Code, the superintendent of	1115
schools of a city, exempted village, or local school district	1116
shall expel a pupil from school for a period of one year for	1117
bringing a firearm to a school operated by the board of education	1118
of the district or onto any other property owned or controlled by	1119
the board, except that the superintendent may reduce this	1120
requirement on a case-by-case basis in accordance with the policy	1121
adopted by the board under section 3313.661 of the Revised Code.	1122

(b) The superintendent of schools of a city, exempted	1123
village, or local school district may expel a pupil from school	1124
for a period of one year for bringing a firearm to an	1125
interscholastic competition, an extracurricular event, or any	1126
other school program or activity that is not located in a school	1127
or on property that is owned or controlled by the district. The	1128
superintendent may reduce this disciplinary action on a	1129
case-by-case basis in accordance with the policy adopted by the	1130
board under section 3313.661 of the Revised Code.	1131

(c) Any expulsion pursuant to division (B)(2) of this section	1132
shall extend, as necessary, into the school year following the	1133
school year in which the incident that gives rise to the expulsion	1134
takes place. As used in this division, "firearm" has the same	1135
meaning as provided pursuant to the "Gun-Free Schools Act of	1136
1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).	1137

(3) The board of education of a city, exempted village, or	1138
local school district may adopt a resolution authorizing the	1139
superintendent of schools to expel a pupil from school for a	1140
period not to exceed one year for bringing a knife to a school	1141
operated by the board, onto any other property owned or controlled	1142
by the board, or to an interscholastic competition, an	1143
extracurricular event, or any other program or activity sponsored	1144
by the school district or in which the district is a participant,	1145
or for possessing a firearm or knife at a school, on any other	1146
property owned or controlled by the board, or at an	1147
interscholastic competition, an extracurricular event, or any	1148
other school program or activity, which firearm or knife was	1149
initially brought onto school board property by another person.	1150
The resolution may authorize the superintendent to extend such an	1151
expulsion, as necessary, into the school year following the school	1152
year in which the incident that gives rise to the expulsion takes	1153
place.	1154

(4) The board of education of a city, exempted village, or	1155
local school district may adopt a resolution establishing a policy	1156
under section 3313.661 of the Revised Code that authorizes the	1157
superintendent of schools to expel a pupil from school for a	1158
period not to exceed one year for committing an act that is a	1159
criminal offense when committed by an adult and that results in	1160
serious physical harm to persons as defined in division (A)(5) of	1161
section 2901.01 of the Revised Code or serious physical harm to	1162
property as defined in division (A)(6) of section 2901.01 of the	1163
Revised Code while the pupil is at school, on any other property	1164
owned or controlled by the board, or at an interscholastic	1165
competition, an extracurricular event, or any other school program	1166
or activity. Any expulsion under this division shall extend, as	1167
necessary, into the school year following the school year in which	1168
the incident that gives rise to the expulsion takes place.	1169

(5) The board of education of any city, exempted village, or	1170
local school district may adopt a resolution establishing a policy	1171
under section 3313.661 of the Revised Code that authorizes the	1172
superintendent of schools to expel a pupil from school for a	1173
period not to exceed one year for making a bomb threat to a school	1174
building or to any premises at which a school activity is	1175
occurring at the time of the threat. Any expulsion under this	1176
division shall extend, as necessary, into the school year	1177
following the school year in which the incident that gives rise to	1178
the expulsion takes place.	1179

(6) No pupil shall be expelled under division (B)(1), (2),	1180
(3), (4), or (5) of this section unless, prior to the pupil's	1181
expulsion, the superintendent does both of the following:	1182

(a) Gives the pupil and the pupil's parent, guardian, or	1183
custodian written notice of the intention to expel the pupil;	1184

(b) Provides the pupil and the pupil's parent, guardian,	1185
custodian, or representative an opportunity to appear in person	1186
before the superintendent or the superintendent's designee to	1187
challenge the reasons for the intended expulsion or otherwise to	1188
explain the pupil's actions.	1189

The notice required in this division shall include the	1190
reasons for the intended expulsion, notification of the	1191
opportunity of the pupil and the pupil's parent, guardian,	1192
custodian, or representative to appear before the superintendent	1193
or the superintendent's designee to challenge the reasons for the	1194
intended expulsion or otherwise to explain the pupil's action, and	1195
notification of the time and place to appear. The time to appear	1196
shall not be earlier than three nor later than five school days	1197
after the notice is given, unless the superintendent grants an	1198
extension of time at the request of the pupil or the pupil's	1199
parent, guardian, custodian, or representative. If an extension is	1200
granted after giving the original notice, the superintendent shall	1201
notify the pupil and the pupil's parent, guardian, custodian, or	1202
representative of the new time and place to appear. If the	1203
proposed expulsion is based on a violation listed in division (A)	1204
of section 3313.662 of the Revised Code and if the pupil is	1205
sixteen years of age or older, the notice shall include a	1206
statement that the superintendent may seek to permanently exclude	1207
the pupil if the pupil is convicted of or adjudicated a delinquent	1208
child for that violation.	1209

(7) A superintendent of schools of a city, exempted village,	1210
or local school district shall initiate expulsion proceedings	1211
pursuant to this section with respect to any pupil who has	1212
committed an act warranting expulsion under the district's policy	1213
regarding expulsion even if the pupil has withdrawn from school	1214
for any reason after the incident that gives rise to the hearing	1215
but prior to the hearing or decision to impose the expulsion. If,	1216
following the hearing, the pupil would have been expelled for a	1217
period of time had the pupil still been enrolled in the school,	1218
the expulsion shall be imposed for the same length of time as on a	1219
pupil who has not withdrawn from the school.	1220

(C) If a pupil's presence poses a continuing danger to	1221
persons or property or an ongoing threat of disrupting the	1222
academic process taking place either within a classroom or	1223
elsewhere on the school premises, the superintendent or a	1224
principal or assistant principal may remove a pupil from	1225
curricular activities or from the school premises, and a teacher	1226
may remove a pupil from curricular activities under the teacher's	1227
supervision, without the notice and hearing requirements of	1228
division (A) or (B) of this section. As soon as practicable after	1229
making such a removal, the teacher shall submit in writing to the	1230
principal the reasons for such removal.	1231

If a pupil is removed under this division from a curricular	1232
activity or from the school premises, written notice of the	1233
hearing and of the reason for the removal shall be given to the	1234
pupil as soon as practicable prior to the hearing, which shall be	1235
held within three school days from the time the initial removal is	1236
ordered. The hearing shall be held in accordance with division (A)	1237
of this section unless it is probable that the pupil may be	1238
subject to expulsion, in which case a hearing in accordance with	1239
division (B) of this section shall be held, except that the	1240
hearing shall be held within three school days of the initial	1241
removal. The individual who ordered, caused, or requested the	1242
removal to be made shall be present at the hearing.	1243

If the superintendent or the principal reinstates a pupil in	1244
a curricular activity under the teacher's supervision prior to the	1245
hearing following a removal under this division, the teacher, upon	1246
request, shall be given in writing the reasons for such	1247
reinstatement.	1248

(D) The superintendent or principal, within one school day	1249
after the time of a pupil's expulsion or suspension, shall notify	1250
in writing the parent, guardian, or custodian of the pupil and the	1251
treasurer of the board of education of the expulsion or	1252
suspension. The notice shall include the reasons for the expulsion	1253
or suspension, notification of the right of the pupil or the	1254
pupil's parent, guardian, or custodian to appeal the expulsion or	1255
suspension to the board of education or to its designee, to be	1256
represented in all appeal proceedings, to be granted a hearing	1257
before the board or its designee in order to be heard against the	1258
suspension or expulsion, and to request that the hearing be held	1259
in executive session, notification that the expulsion may be	1260
subject to extension pursuant to division (F) of this section if	1261
the pupil is sixteen years of age or older, and notification that	1262
the superintendent may seek the pupil's permanent exclusion if the	1263
suspension or expulsion was based on a violation listed in	1264
division (A) of section 3313.662 of the Revised Code that was	1265
committed when the child was sixteen years of age or older and if	1266
the pupil is convicted of or adjudicated a delinquent child for	1267
that violation.	1268

Any superintendent expelling a pupil under this section for	1269
more than twenty school days or for any period of time if the	1270
expulsion will extend into the following semester or school year	1271
shall, in the notice required under this division, provide the	1272
pupil and the pupil's parent, guardian, or custodian with	1273
information about services or programs offered by public and	1274
private agencies that work toward improving those aspects of the	1275
pupil's attitudes and behavior that contributed to the incident	1276
that gave rise to the pupil's expulsion. The information shall	1277
include the names, addresses, and phone numbers of the appropriate	1278
public and private agencies.	1279

(E) A pupil or the pupil's parent, guardian, or custodian may	1280
appeal the pupil's expulsion by a superintendent or suspension by	1281
a superintendent, principal, assistant principal, or other	1282
administrator to the board of education or to its designee. The	1283
pupil or the pupil's parent, guardian, or custodian may be	1284
represented in all appeal proceedings and shall be granted a	1285
hearing before the board or its designee in order to be heard	1286
against the suspension or expulsion. At the request of the pupil	1287
or of the pupil's parent, guardian, custodian, or attorney, the	1288
board or its designee may hold the hearing in executive session	1289
but shall act upon the suspension or expulsion only at a public	1290
meeting. The board, by a majority vote of its full membership or	1291
by the action of its designee, may affirm the order of suspension	1292
or expulsion, reinstate the pupil, or otherwise reverse, vacate,	1293
or modify the order of suspension or expulsion.	1294

The board or its designee shall make a verbatim record of	1295
hearings held under this division. The decisions of the board or	1296
its designee may be appealed under Chapter 2506. of the Revised	1297
Code.	1298

This section shall not be construed to require notice and	1299
hearing in accordance with division (A), (B), or (C) of this	1300
section in the case of normal disciplinary procedures in which a	1301
pupil is removed from a curricular activity for a period of less	1302
than one school day and is not subject to suspension or expulsion.	1303

(F)(1) If a pupil is expelled pursuant to division (B) of	1304
this section for committing any violation listed in division (A)	1305
of section 3313.662 of the Revised Code and the pupil was sixteen	1306
years of age or older at the time of committing the violation, if	1307
a complaint, indictment, or information is filed alleging that the	1308
pupil is a delinquent child based upon the commission of the	1309
violation or the pupil is prosecuted as an adult for the	1310
commission of the violation, and if the resultant juvenile court	1311
or criminal proceeding is pending at the time that the expulsion	1312
terminates, the superintendent of schools that expelled the pupil	1313
may file a motion with the court in which the proceeding is	1314
pending requesting an order extending the expulsion for the lesser	1315
of an additional eighty days or the number of school days	1316
remaining in the school year. Upon the filing of the motion, the	1317
court immediately shall schedule a hearing and give written notice	1318
of the time, date, and location of the hearing to the	1319
superintendent and to the pupil and the pupil's parent, guardian,	1320
or custodian. At the hearing, the court shall determine whether	1321
there is reasonable cause to believe that the pupil committed the	1322
alleged violation that is the basis of the expulsion and, upon	1323
determining that reasonable cause to believe the pupil committed	1324
the violation does exist, shall grant the requested extension.	1325

(2) If a pupil has been convicted of or adjudicated a	1326
delinquent child for a violation listed in division (A) of section	1327
3313.662 of the Revised Code for an act that was committed when	1328
the child was sixteen years of age or older, if the pupil has been	1329
expelled pursuant to division (B) of this section for that	1330
violation, and if the board of education of the school district of	1331
the school from which the pupil was expelled has adopted a	1332
resolution seeking the pupil's permanent exclusion, the	1333
superintendent may file a motion with the court that convicted the	1334
pupil or adjudicated the pupil a delinquent child requesting an	1335
order to extend the expulsion until an adjudication order or other	1336
determination regarding permanent exclusion is issued by the	1337
superintendent of public instruction pursuant to section 3301.121	1338
and division (D) of section 3313.662 of the Revised Code. Upon the	1339
filing of the motion, the court immediately shall schedule a	1340
hearing and give written notice of the time, date, and location of	1341
the hearing to the superintendent of the school district, the	1342
pupil, and the pupil's parent, guardian, or custodian. At the	1343
hearing, the court shall determine whether there is reasonable	1344
cause to believe the pupil's continued attendance in the public	1345
school system may endanger the health and safety of other pupils	1346
or school employees and, upon making that determination, shall	1347
grant the requested extension.	1348

(G) The failure of the superintendent or the board of	1349
education to provide the information regarding the possibility of	1350
permanent exclusion in the notice required by divisions (A), (B),	1351
and (D) of this section is not jurisdictional, and the failure	1352
shall not affect the validity of any suspension or expulsion	1353
procedure that is conducted in accordance with this section or the	1354
validity of a permanent exclusion procedure that is conducted in	1355
accordance with sections 3301.121 and 3313.662 of the Revised	1356
Code.	1357

(H) With regard to suspensions and expulsions pursuant to	1358
divisions (A) and (B) of this section by the board of education of	1359
any city, exempted village, or local school district, this section	1360
shall apply to any student, whether or not the student is enrolled	1361
in the district, attending or otherwise participating in any	1362
curricular program provided in a school operated by the board or	1363
provided on any other property owned or controlled by the board.	1364

(I) Whenever a student is expelled under this section, the	1365
expulsion shall result in removal of the student from the	1366
student's regular school setting. However, during the period of	1367
the expulsion, the board of education of the school district that	1368
expelled the student or any board of education admitting the	1369
student during that expulsion period may provide educational	1370
services to the student in an alternative setting.	1371

(J)(1) Notwithstanding sectionsections 3109.51 to 3109.81,	1372
3313.64 or, and 3313.65 of the Revised Code, any school district,	1373
after offering an opportunity for a hearing, may temporarily deny	1374
admittance to any pupil if one of the following applies:	1375

(a) The pupil has been suspended from the schools of another	1376
district under division (A) of this section and the period of	1377
suspension, as established under that division, has not expired;	1378

(b) The pupil has been expelled from the schools of another	1379
district under division (B) of this section and the period of the	1380
expulsion, as established under that division or as extended under	1381
division (F) of this section, has not expired.	1382

If a pupil is temporarily denied admission under this	1383
division, the pupil shall be admitted to school in accordance with	1384
sectionsections 3109.51 to 3109.81, 3313.64, or 3313.65 of the	1385
Revised Code no later than upon expiration of the suspension or	1386
expulsion period, as applicable.	1387

(2) Notwithstanding sectionsections 3109.51 to 3109.81,	1388
3313.64 or, and 3313.65 of the Revised Code, any school district,	1389
after offering an opportunity for a hearing, may temporarily deny	1390
admittance to any pupil if the pupil has been expelled or	1391
otherwise removed for disciplinary purposes from a public school	1392
in another state and the period of expulsion or removal has not	1393
expired. If a pupil is temporarily denied admission under this	1394
division, the pupil shall be admitted to school in accordance with	1395
sectionsections 3109.51 to 3109.81, 3313.64, or 3313.65 of the	1396
Revised Code no later than the earlier of the following:	1397

(a) Upon expiration of the expulsion or removal period	1398
imposed by the out-of-state school;	1399

(b) Upon expiration of a period established by the district,	1400
beginning with the date of expulsion or removal from the	1401
out-of-state school, that is no greater than the period of	1402
expulsion that the pupil would have received under the policy	1403
adopted by the district under section 3313.661 of the Revised Code	1404
had the offense that gave rise to the expulsion or removal by the	1405
out-of-state school been committed while the pupil was enrolled in	1406
the district.	1407

(K) As used in this section:

1408

(1) "Permanently exclude" and "permanent exclusion" have the	1409
same meanings as in section 3313.662 of the Revised Code.	1410

(2) "In-school suspension" means the pupil will serve all of	1411
the suspension in a school setting.	1412

Sec. 3313.672.  (A)(1) At the time of his initial entry to a	1413
public or nonpublic school, a pupil shall present to the person in	1414
charge of admission any records given himthe pupil by the public	1415
or nonpublic elementary or secondary school hethe pupil most	1416
recently attended; a certified copy of an order or decree, or	1417
modification of such an order or decree allocating parental rights	1418
and responsibilities for the care of a child and designating a	1419
residential parent and legal custodian of the child, as provided	1420
in division (B) of this section, if that type of order or decree	1421
has been issued; a copy of a power of attorney or caretaker	1422
authorization affidavit, if either has been executed with respect	1423
to the child pursuant to sections 3109.51 to 3109.81 of the	1424
Revised Code; and a certification of birth issued pursuant to	1425
Chapter 3705. of the Revised Code, a comparable certificate or	1426
certification issued pursuant to the statutes of another state,	1427
territory, possession, or nation, or a document in lieu of a	1428
certificate or certification as described in divisions (A)(1)(a)	1429
to (e) of this section. Any of the following shall be accepted in	1430
lieu of a certificate or certification of birth by the person in	1431
charge of admission:	1432

(a) A passport or attested transcript of a passport filed	1433
with a registrar of passports at a point of entry of the United	1434
States showing the date and place of birth of the child;	1435

(b) An attested transcript of the certificate of birth;

1436

(c) An attested transcript of the certificate of baptism or	1437
other religious record showing the date and place of birth of the	1438
child;	1439

(d) An attested transcript of a hospital record showing the	1440
date and place of birth of the child;	1441

(e) A birth affidavit.

1442

(2) Within twenty-four hours of the entry into the school of	1443
a pupil described in division (A)(1) of this section, a school	1444
official shall request the pupil's official records from the	1445
public or nonpublic elementary or secondary school hethe pupil	1446
most recently attended. If the public or nonpublic school the	1447
pupil claims to have most recently attended indicates that it has	1448
no record of the pupil's attendance or the records are not	1449
received within fourteen days of the date of request, or if the	1450
pupil does not present a certification of birth described in	1451
division (A)(1) of this section, a comparable certificate or	1452
certification from another state, territory, possession, or	1453
nation, or another document specified in divisions (A)(1)(a) to	1454
(d) of this section, the principal or chief administrative officer	1455
of the school shall notify the law enforcement agency having	1456
jurisdiction in the area where the pupil resides of this fact and	1457
of the possibility that the pupil may be a missing child, as	1458
defined in section 2901.30 of the Revised Code.	1459

(B)(1) Whenever an order or decree allocating parental rights	1460
and responsibilities for the care of a child and designating a	1461
residential parent and legal custodian of the child, including a	1462
temporary order, is issued resulting from an action of divorce,	1463
alimony, annulment, or dissolution of marriage, and the order or	1464
decree pertains to a child who is a pupil in a public or nonpublic	1465
school, the residential parent of the child shall notify the	1466
school of those allocations and designations by providing the	1467
person in charge of admission at the pupil's school with a	1468
certified copy of the order or decree that made the allocation and	1469
designation. Whenever there is a modification of any order or	1470
decree allocating parental rights and responsibilities for the	1471
care of a child and designating a residential parent and legal	1472
custodian of the child that has been submitted to a school, the	1473
residential parent shall provide the person in charge of admission	1474
at the pupil's school with a certified copy of the order or decree	1475
that makes the modification.	1476

(2) Whenever a power of attorney is executed under sections	1477
3109.51 to 3109.62 of the Revised Code that pertains to a child	1478
who is a pupil in a public or nonpublic school, the attorney in	1479
fact shall notify the school of the power of attorney by providing	1480
the person in charge of admission with a copy of the power of	1481
attorney. Whenever a caretaker authorization affidavit is executed	1482
under sections 3109.64 to 3109.73 of the Revised Code that	1483
pertains to a child who is in a public or nonpublic school, the	1484
grandparent who executed the affidavit shall notify the school of	1485
the affidavit by providing the person in charge of admission with	1486
a copy of the affidavit.	1487

(C) If, at the time of a pupil's initial entry to a public or	1488
nonpublic school, the pupil is under the care of a shelter for	1489
victims of domestic violence, as defined in section 3113.33 of the	1490
Revised Code, the pupil or histhe pupil's parent shall notify the	1491
school of that fact. Upon being so informed, the school shall	1492
inform the elementary or secondary school from which it requests	1493
the pupil's records of that fact.	1494

Section 2.  That existing sections 3313.64, 3313.66, and	1495
3313.672 of the Revised Code are hereby repealed.	1496

Section 3.  Section 3313.66 of the Revised Code is presented	1497
in this act as a composite of the section as amended by both H.B.	1498
620 and Am. Sub. S.B. 179 of the 123rd General Assembly. The	1499
General Assembly, applying the principle stated in division (B) of	1500
section 1.52 of the Revised Code that amendments are to be	1501
harmonized if reasonably capable of simultaneous operation, finds	1502
that the composite is the resulting version of the section in	1503
effect prior to the effective date of the section as presented in	1504
this act.	1505