REPRESENTATIVES Reidelbach, Hagan, McGregor, Kearns, Faber, Otterman, Grendell, Williams, S. Patton, Cirelli, Allen, Clancy, Hollister, Gilb, Willamowski

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 certain persons with whom a child

6

resides authority over the care, custody, and

7

control of the child including the authority to

8

make decisions regarding school matters and to

9

consent to the medical, psychological, and dental

10

care for 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

(B) The notice shall be sent by certified mail not later than	186
five days after the power of attorney is created. The notice shall	187
state the name and address of the person designated as the	188
attorney in fact.	189

Sec. 3109.56.  When a parent seeks to create a power of	190
attorney pursuant to section 3109.52 of the Revised Code, all of	191
the following apply:	192

(A) The power of attorney shall be executed by both parents	193
if any of the following apply:	194

(1) The parents are married to each other and are living as	195
husband and wife.	196

(2) The child is the subject of a shared parenting order	197
issued pursuant to section 3109.04 of the Revised Code.	198

(3) The child is the subject of a custody order issued	199
pursuant to section 3109.04 of the Revised Code unless one of the	200
following is the case:	201

(a) The parent who is not the residential parent and legal	202
custodian is prohibited from receiving a notice of relocation in	203
accordance with section 3109.051 of the Revised Code.	204

(b) The parental rights of the parent who is not the	205
residential parent and legal custodian have been terminated by	206
order of a juvenile court pursuant to Chapter 2151. of the Revised	207
Code.	208

(c) The parent who is not the residential parent and legal	209
custodian cannot be located with reasonable efforts.	210

(B) In all other cases, the power of attorney may be executed	211
only by one of the following persons:	212

(1) The parent who is the residential parent and legal	213
custodian of the child, as determined by court order or as	214
provided in section 3109.042 of the Revised Code;	215

(2) The parent with whom the child is residing the majority	216
of the school year in cases in which no court has issued an order	217
designating a parent as the residential parent and legal custodian	218
of the child or section 3109.042 of the Revised Code is not	219
applicable.	220

Sec. 3109.57. (A) Except as provided in division (B) of this	221
section and subject to sections 3109.56 and 3109.58 of the Revised	222
Code, a parent, guardian, or custodian may create a power of	223
attorney under section 3109.52 of the Revised Code only under the	224
following circumstances:	225

(1) The parent, guardian, or custodian of the child is any of	226
the following:	227

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

228

(b) Temporarily unable to provide financial support or	229
parental guidance to the child;	230

(c) Temporarily unable to provide adequate care and	231
supervision of the child because of the parent's, guardian's, or	232
custodian's physical or mental condition;	233

(d) Homeless or without a residence because the current	234
residence is destroyed or otherwise uninhabitable;	235

(e) In or about to enter a residential treatment program for	236
substance abuse.	237

(2) The parent, guardian, or custodian of the child has a	238
well-founded belief that the power of attorney is in the child's	239
best interest.	240

(B) In addition to the circumstances described in division	241
(A) of this section and subject to sections 3109.56 and 3109.58 of	242
the Revised Code, a parent may execute a power of attorney if the	243
other parent of the child is deceased.	244

Sec. 3109.58. (A) As used in this section, "temporary	245
custody," "permanent custody," and "planned permanent living	246
arrangement" have the same meanings as in section 2151.011 of the	247
Revised Code.	248

(B) A power of attorney created pursuant to section 3109.52	249
of the Revised Code may not be executed with respect to a child	250
while any of the following proceedings are pending regarding the	251
child:	252

(1) A proceeding for the appointment of a guardian for, or	253
the adoption of, the child;	254

(2) A juvenile proceeding in which one of the following	255
applies:	256

(a) The temporary, permanent, or legal custody of the child	257
or the placement of the child in a planned permanent living	258
arrangement has been requested.	259

(b) The child is the subject of an ex parte emergency custody	260
order issued under division (D) of section 2151.31 of the Revised	261
Code, and no hearing has yet been held regarding the child under	262
division (A) of section 2151.314 of the Revised Code.	263

(c) The child is the subject of a temporary custody order	264
issued under section 2151.33 of the Revised Code.	265

(3) A proceeding for divorce, dissolution, legal separation,	266
annulment, or allocation of parental rights and responsibilities	267
regarding the child.	268

Sec. 3109.59. (A) A power of attorney created under section	269
3109.52 of the Revised Code terminates on the occurrence of	270
whichever of the following events occurs first:	271

(1) One year elapses following the date the power of attorney	272
is notarized.	273

(2) The power of attorney is revoked in writing by the person	274
who created it.	275

(3) The child ceases to reside with the grandparent	276
designated the attorney in fact.	277

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

278

(5) The death of the child who is the subject of the power of	279
attorney.	280

(6) The death of the grandparent designated as the attorney	281
in fact.	282

(B) Not later than five days after a power of attorney is	283
terminated pursuant to division (A)(2) of this section, a copy of	284
the revocation must be filed as follows:	285

(1) With the public children services agency the power of	286
attorney was filed with pursuant to section 3109.75 of the Revised	287
Code;	288

(2) If the power of attorney that is the subject of the	289
revocation is a second or subsequent power of attorney, with the	290
juvenile court the power of attorney is filed with pursuant to	291
section 3109.77 of the Revised Code.	292

Sec. 3109.60.  When a power of attorney created pursuant to	293
section 3109.52 of the Revised Code terminates pursuant to	294
division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of section	295
3109.59 of the Revised Code, the grandparent designated as the	296
attorney in fact shall notify, in writing, all of the following:	297

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

298

(B) The child's health care providers;

299

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

300

(D) The public children services agency in which the power of	301
attorney was filed under section 3109.75 of the Revised Code;	302

(E) The parent who is not the residential parent and legal	303
custodian and who is required to be given notice under section	304
3109.55 of the Revised Code;	305

(F) Any other person or entity that has an ongoing	306
relationship with the child or grandparent such that the person or	307
entity would reasonably rely on the power of attorney unless	308
notified of the termination.	309

The grandparent shall make the notifications not later than	310
one week after the date the power of attorney terminates.	311

Sec. 3109.61.  A person who, in good faith, relies on or	312
takes action in reliance on a power of attorney created under	313
section 3109.52 of the Revised Code is immune from any criminal or	314
civil liability for injury, death, or loss to persons or property	315
that might otherwise be incurred or imposed solely as a result of	316
the person's reliance or action. The person is not subject to any	317
disciplinary action from an entity that licenses or certifies the	318
person.	319

Any medical, psychological, or dental treatment provided to a	320
child in reliance on a power of attorney created under section	321
3109.52 of the Revised Code shall be considered to have been	322
provided in good faith if the person providing the treatment had	323
no actual knowledge of opposition by the parent, guardian, or	324
custodian.	325

This section does not provide immunity from civil or criminal	326
liability to any person for actions that are wanton, reckless, or	327
inconsistent with the ordinary standard of care required to be	328
exercised by anyone acting in the same capacity as the person.	329

Sec. 3109.62. A military power of attorney executed pursuant	330
to section 574(a) of the "National Defense Authorization Act for	331
Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, that	332
grants a person's rights and responsibilities regarding the care,	333
custody, and control of the person's child, including the ability	334
to enroll the child in school, to obtain from the school district	335
educational and behavioral information about the child, to consent	336
to all school-related matters regarding the child, and to consent	337
to medical, psychological, or dental treatment for the child shall	338
be considered a power of attorney created pursuant to sections	339
3109.51 to 3109.61 of the Revised Code, as long as the military	340
power of attorney, according to its terms, remains in effect.	341

Sec. 3109.65.  (A) Except as provided in division (B) of this	342
section, if a child is living with a grandparent who has made	343
reasonable attempts to locate and contact both of the child's	344
parents, or the child's guardian or custodian, but has been unable	345
to do so, the grandparent may obtain authority to exercise care,	346
custody, and control of the child including authority to enroll	347
the child in school, to discuss with the school district the	348
child's educational progress, to consent to all school-related	349
matters regarding the child, and to consent to medical,	350
psychological, or dental treatment for the child by executing a	351
caretaker authorization affidavit in accordance with section	352
3109.67 of the Revised Code.	353

(B) The grandparent may execute a caretaker authorization	354
affidavit without attempting to locate the following parent:	355

(1) If paternity has not been established with regard to the	356
child, the child's father.	357

(2) If the child is the subject of a custody order, the	358
following parent:	359

(a) A parent who is prohibited from receiving a notice of	360
relocation in accordance with section 3109.051 of the Revised	361
Code;	362

(b) A parent whose parental rights have been terminated by	363
order of a juvenile court pursuant to Chapter 2151. of the Revised	364
Code.	365

Sec. 3109.66.  The caretaker authorization affidavit that a	366
grandparent described in section 3109.65 of the Revised Code may	367
execute shall be identical in form and content to the following:	368

CARETAKER AUTHORIZATION AFFIDAVIT

369

Use of this affidavit is authorized by sections 3109.65 to 3109.73	370
of the Ohio Revised Code.	371

Completion of items 1-7 and the signing and notarization of this	372
affidavit is sufficient to authorize the grandparent signing to	373
exercise care, custody, and control of the child who is its	374
subject, including authority to enroll the child in school, to	375
discuss with the school district the child's educational progress,	376
to consent to all school-related matters regarding the child, and	377
to consent to medical, psychological, or dental treatment for the	378
child.	379

The child named below lives in my home, I am 18 years of age or	380
older, and I am the child's grandparent.	381

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	397
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	398
REVISED CODE, PUNISHABLE BY UP TO 6 MONTHS IN JAIL, A FINE OF UP	399
TO $1,000, OR BOTH.	400

I declare that the foregoing is true and correct:

401

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

402

Grandparent

403

State of Ohio             )

404

) ss:

405

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

406

Subscribed, sworn to, and acknowledged before me this ...... day	407
of ........., .............	408

Notices:

411

Additional information:

425

To caretakers:

426

To school officials:

429

To health care providers:

434

Sec. 3109.67. A caretaker authorization affidavit described	438
in section 3109.66 of the Revised Code is executed when the	439
affidavit is completed, signed by a grandparent described in	440
section 3109.65 of the Revised Code, and notarized.	441

Sec. 3109.68. (A) As used in this section, "temporary	442
custody," "permanent custody," and "planned permanent living	443
arrangement" have the same meanings as in section 2151.011 of the	444
Revised Code.	445

(B) An affidavit may not be executed with respect to a child	446
while any of the following proceedings are pending regarding the	447
child:	448

(1) A proceeding for the appointment of a guardian for, or	449
the adoption of, the child;	450

(2) A juvenile proceeding in which one of the following	451
applies:	452

(a) The temporary, permanent, or legal custody of the child	453
or the placement of the child in a planned permanent living	454
arrangement has been requested.	455

(b) The child is the subject of an ex parte emergency custody	456
order issued under division (D) of section 2151.31 of the Revised	457
Code, and no hearing has yet been held regarding the child under	458
division (A) of section 2151.314 of the Revised Code.	459

(c) The child is the subject of a temporary custody order	460
issued under section 2151.33 of the Revised Code.	461

(3) A proceeding for divorce, dissolution, legal separation,	462
annulment, or allocation of parental rights and responsibilities	463
regarding the child.	464

Sec. 3109.69.  Once a caretaker authorization affidavit has	465
been executed under section 3109.67 of the Revised Code, the	466
grandparent may exercise care, custody, and control of the child,	467
including enrolling the child in school, discussing with the	468
school district the child's educational progress, consenting to	469
all school-related matters regarding the child, and consenting to	470
medical, psychological, or dental treatment for the child. The	471
affidavit does not affect the rights and responsibilities of the	472
parent, guardian, or custodian regarding the child, does not grant	473
legal custody to the grandparent, and does not grant authority to	474
the grandparent to consent to the marriage or adoption of the	475
child.	476

Sec. 3109.70.  An executed caretaker authorization affidavit	477
shall terminate on the occurrence of whichever of the following	478
comes first:	479

(A) One year elapses following the date the affidavit is	480
notarized.	481

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

482

(C) The parent, guardian, or custodian of the child who is	483
the subject of the affidavit acts, in accordance with section	484
3109.72 of the Revised Code, to negate, reverse, or otherwise	485
disapprove an action or decision of the grandparent who signed the	486
affidavit with respect to the child.	487

(D) The affidavit is terminated by court order.

488

(E) The death of the child who is the subject of the	489
affidavit.	490

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

491

Sec. 3109.71.  When a caretaker authorization affidavit	492
terminates pursuant to division (A), (B), (C), (D), or (E) of	493
section 3109.70 of the Revised Code, the grandparent shall notify,	494
in writing, the school district in which the child attends school,	495
the child's health care providers, the child's health insurance	496
coverage provider, the public children services agency in which	497
the affidavit was filed under section 3109.75 of the Revised Code,	498
and any other person or entity that has an ongoing relationship	499
with the child or grandparent such that the person or entity would	500
reasonably rely on the affidavit unless notified of the	501
termination. The grandparent shall make the notifications not	502
later than one week after the date the affidavit terminates.	503

Sec. 3109.72.  The parent, guardian, or custodian of a child	504
may negate, reverse, or otherwise disapprove any action taken or	505
decision made pursuant to a caretaker authorization affidavit	506
unless negation, reversal, or disapproval would jeopardize the	507
life, health, or safety of the child. A parent, guardian, or	508
custodian may negate, reverse, or disapprove a caretaker's action	509
or decision only by delivering written notice of negation,	510
reversal, or disapproval to the caretaker and the person	511
responding to the caretaker's action or decision in reliance on	512
the affidavit. The act to negate, reverse, or disapprove the	513
action or decision, regardless of whether it is effective,	514
terminates the affidavit.	515

Sec. 3109.73.  A person who, in good faith, relies on or	516
takes action in reliance on a caretaker authorization affidavit is	517
immune from any criminal or civil liability for injury, death, or	518
loss to persons or property that might otherwise be incurred or	519
imposed solely as a result of the reliance or action. The person	520
is not subject to any disciplinary action from an entity that	521
licenses or certifies the person. Any medical, psychological, or	522
dental treatment provided to a child in reliance on an affidavit	523
with respect to the child shall be considered to have been	524
provided in good faith if the the person providing the treatment	525
had no actual knowledge of opposition by the parent, guardian, or	526
custodian.	527

This section does not provide immunity from civil or criminal	528
liability to any person for actions that are wanton, reckless, or	529
inconsistent with the ordinary standard of care required to be	530
exercised by anyone acting in the same capacity as the person.	531

Sec. 3109.75.  A person who creates a power of attorney under	532
section 3109.52 of the Revised Code or executes a caretaker	533
authorization affidavit under section 3109.67 of the Revised Code	534
shall file the power of attorney or affidavit with the public	535
children services agency of the county in which the attorney in	536
fact or qualified relative resides. The power of attorney or	537
affidavit shall be filed not later than five days after the date	538
it is created or executed.	539

A power of attorney filed under this section shall be	540
accompanied by a receipt showing that the notice of creation of	541
the power of attorney was sent to the parent who is not the	542
residential parent and legal custodian by certified mail under	543
section 3109.55 of the Revised Code.	544

Sec.  3109.76.  On the request of the person in charge of	545
admissions of a school or a person described under division	546
(A)(1)(b) of section 2151.421 of the Revised Code, a public	547
children services agency shall verify whether a power of attorney	548
of caretaker authorization affidavit has been filed under section	549
3109.75 of the Revised Code with respect to a child.	550

Sec. 3109.77.  If a second or subsequent power of attorney is	551
created under section 3109.52 of the Revised Code regarding a	552
child who is the subject of a prior power of attorney or a second	553
or subsequent caretaker authorization affidavit is executed under	554
section 3109.67 of the Revised Code regarding a child who is the	555
subject of a prior affidavit, the person who creates the power of	556
attorney or executes the affidavit must file it with the juvenile	557
court of the county in which the grandparent designated as	558
attorney in fact or the grandparent who executed the affidavit	559
resides.	560

Sec.  3109.78. (A) On the filing of a power of attorney or	561
caretaker authorization affidavit under section 3109.77 of the	562
Revised Code, the juvenile court shall schedule a hearing to	563
determine whether the power of attorney or affidavit is in the	564
child's best interest. The court shall provide notice of the date,	565
time, and location of the hearing to the parties and to the parent	566
who is not the residential parent and legal custodian unless, in	567
accordance with section 3109.051 of the Revised Code, that parent	568
is not to be given a notice of relocation.	569

(B) The hearing shall be held not later than ten days after	570
the date the power of attorney or affidavit was filed with the	571
court. At the hearing, the parties and the parent who is not the	572
residential parent and legal custodian may present evidence and be	573
represented by counsel.	574

(C) At the conclusion of the hearing, the court may take any	575
of the following actions that the court determines is in the	576
child's best interest:	577

(1) Approve the power of attorney or affidavit. If approved,	578
the power of attorney or affidavit shall remain in effect unless	579
otherwise terminated under section 3109.59 of the Revised Code	580
with respect to a power of attorney or section 3109.70 of the	581
Revised Code with respect to an affidavit.	582

(2) Issue an order terminating the power of attorney or	583
affidavit and ordering the child returned to the child's parent,	584
guardian, or custodian. If the parent, guardian, or custodian of	585
the child cannot be located, the court shall treat the filing of	586
the power of attorney or affidavit with the court as a complaint	587
under section 2151.27 of the Revised Code that the child is a	588
dependent child.	589

(3) Treat the filing of the power of attorney or affidavit as	590
a petition for legal custody and award legal custody of the child	591
to the grandparent designated as the attorney-in-fact under the	592
power of attorney or to the grandparent who executed the	593
affidavit.	594

(D) The court shall conduct a de novo review of any order	595
issued under division (C) of this section if all of the following	596
apply regarding the parent who is not the residential parent and	597
legal custodian:	598

(1) The parent did not appear at the hearing from which the	599
order was issued.	600

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

601

(3) The parent filed a motion with the court not later than	602
fourteen days after receiving notice of the hearing pursuant to	603
division (A) of this section.	604

Sec. 3109.79. (A) No person shall create a power of attorney	605
under section 3109.52 of the Revised Code or execute a caretaker	606
authorization affidavit under section 3109.67 of the Revised Code	607
for the purpose of enrolling the child in a school or school	608
district so that the child may participate in the academic or	609
interscholastic athletic programs provided by the school or school	610
district.	611

(B) A person who violates division (A) of this section is in	612
violation of section 2921.13 of the Revised Code and is guilty of	613
falsification, a misdemeanor of the first degree.	614

(C) A power of attorney created, or an affidavit executed, in	615
violation of this section is void as of the date of its creation	616
or execution.	617

Sec. 3109.80.  As used in this section, "administrative child	618
support order" and "court child support order" have the same	619
meanings as in section 3119.01 of the Revised Code.	620

A power of attorney created under section 3109.52 of the	621
Revised Code or a caretaker authorization affidavit executed under	622
section 3109.67 of the Revised Code shall not affect the	623
enforcement of an administrative child support order or court	624
child support order, unless a child support enforcement agency,	625
with respect to an administrative child support order, or a court,	626
with respect to either order, issues an order providing otherwise.	627

Sec.  3109.81.  Only one power of attorney created under	628
section 3109.52 of the Revised Code or one caretaker authorization	629
executed under section 3109.67 of the Revised Code may be in	630
effect for a child at one time.	631

Sec. 3313.64.  (A) As used in this section and in section	632
3313.65 of the Revised Code:	633

(1) "Parent"(a) Except as provided in division (A)(1)(b) of	634
this section, "parent" means either parent, unless the parents are	635
separated or divorced or their marriage has been dissolved or	636
annulled, in which case "parent" means the parent who is the	637
residential parent and legal custodian of the child. When a child	638
is in the legal custody of a government agency or a person other	639
than the child's natural or adoptive parent, "parent" means the	640
parent with residual parental rights, privileges, and	641
responsibilities. When a child is in the permanent custody of a	642
government agency or a person other than the child's natural or	643
adoptive parent, "parent" means the parent who was divested of	644
parental rights and responsibilities for the care of the child and	645
the right to have the child live with the parent and be the legal	646
custodian of the child and all residual parental rights,	647
privileges, and responsibilities.	648

(b) When a child is the subject of a power of attorney	649
executed under sections 3109.51 to 3109.62 of the Revised Code,	650
"parent" means the grandparent designated as attorney in fact	651
under the power of attorney. When a child is the subject of a	652
caretaker authorization affidavit executed under sections 3109.64	653
to 3109.73 of the Revised Code, "parent" means the grandparent	654
that executed the affidavit.	655

(2) "Legal custody," "permanent custody," and "residual	656
parental rights, privileges, and responsibilities" have the same	657
meanings as in section 2151.011 of the Revised Code.	658

(3) "School district" or "district" means a city, local, or	659
exempted village school district and excludes any school operated	660
in an institution maintained by the department of youth services.	661

(4) Except as used in division (C)(2) of this section, "home"	662
means a home, institution, foster home, group home, or other	663
residential facility in this state that receives and cares for	664
children, to which any of the following applies:	665

(a) The home is licensed, certified, or approved for such	666
purpose by the state or is maintained by the department of youth	667
services.	668

(b) The home is operated by a person who is licensed,	669
certified, or approved by the state to operate the home for such	670
purpose.	671

(c) The home accepted the child through a placement by a	672
person licensed, certified, or approved to place a child in such a	673
home by the state.	674

(d) The home is a children's home created under section	675
5153.21 or 5153.36 of the Revised Code.	676

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

677

(a) A public children services agency;

678

(b) An organization that holds a certificate issued by the	679
Ohio department of job and family services in accordance with the	680
requirements of section 5103.03 of the Revised Code and assumes	681
temporary or permanent custody of children through commitment,	682
agreement, or surrender, and places children in family homes for	683
the purpose of adoption;	684

(c) Comparable agencies of other states or countries that	685
have complied with applicable requirements of section 2151.39, or	686
sections 5103.20 to 5103.28 of the Revised Code.	687

(6) A child is placed for adoption if either of the following	688
occurs:	689

(a) An agency to which the child has been permanently	690
committed or surrendered enters into an agreement with a person	691
pursuant to section 5103.16 of the Revised Code for the care and	692
adoption of the child.	693

(b) The child's natural parent places the child pursuant to	694
section 5103.16 of the Revised Code with a person who will care	695
for and adopt the child.	696

(7) "Handicapped preschool child" means a handicapped child,	697
as defined by division (A) of section 3323.01 of the Revised Code,	698
who is at least three years of age but is not of compulsory school	699
age, as defined in section 3321.01 of the Revised Code, and who is	700
not currently enrolled in kindergarten.	701

(8) "Child," unless otherwise indicated, includes handicapped	702
preschool children.	703

(B) Except as otherwise provided in section 3321.01 of the	704
Revised Code for admittance to kindergarten and first grade, a	705
child who is at least five but under twenty-two years of age and	706
any handicapped preschool child shall be admitted to school as	707
provided in this division.	708

(1) A child shall be admitted to the schools of the school	709
district in which the child's parent resides.	710

(2) A child who does not reside in the district where the	711
child's parent resides shall be admitted to the schools of the	712
district in which the child resides if any of the following	713
applies:	714

(a) The child is in the legal or permanent custody of a	715
government agency or a person other than the child's natural or	716
adoptive parent.	717

(b) The child resides in a home.

718

(c) The child requires special education.

719

(3) A child who is not entitled under division (B)(2) of this	720
section to be admitted to the schools of the district where the	721
child resides and who is residing with a resident of this state	722
with whom the child has been placed for adoption shall be admitted	723
to the schools of the district where the child resides unless	724
either of the following applies:	725

(a) The placement for adoption has been terminated.

726

(b) Another school district is required to admit the child	727
under division (B)(1) of this section.	728

Division (B) of this section does not prohibit the board of	729
education of a school district from placing a handicapped child	730
who resides in the district in a special education program outside	731
of the district or its schools in compliance with Chapter 3323. of	732
the Revised Code.	733

(C) A district shall not charge tuition for children admitted	734
under division (B)(1) or (3) of this section. If the district	735
admits a child under division (B)(2) of this section, tuition	736
shall be paid to the district that admits the child as follows:	737

(1) If the child receives special education in accordance	738
with Chapter 3323. of the Revised Code, tuition shall be paid in	739
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	740
the Revised Code regardless of who has custody of the child or	741
whether the child resides in a home.	742

(2) Except as otherwise provided in division (C)(2)(d) of	743
this section, if the child is in the permanent or legal custody of	744
a government agency or person other than the child's parent,	745
tuition shall be paid by:	746

(a) The district in which the child's parent resided at the	747
time the court removed the child from home or at the time the	748
court vested legal or permanent custody of the child in the person	749
or government agency, whichever occurred first;	750

(b) If the parent's residence at the time the court removed	751
the child from home or placed the child in the legal or permanent	752
custody of the person or government agency is unknown, tuition	753
shall be paid by the district in which the child resided at the	754
time the child was removed from home or placed in legal or	755
permanent custody, whichever occurred first;	756

(c) If a school district cannot be established under division	757
(C)(2)(a) or (b) of this section, tuition shall be paid by the	758
district determined as required by section 2151.357 of the Revised	759
Code by the court at the time it vests custody of the child in the	760
person or government agency;	761

(d) If at the time the court removed the child from home or	762
vested legal or permanent custody of the child in the person or	763
government agency, whichever occurred first, one parent was in a	764
residential or correctional facility or a juvenile residential	765
placement and the other parent, if living and not in such a	766
facility or placement, was not known to reside in this state,	767
tuition shall be paid by the district determined under division	768
(D) of section 3313.65 of the Revised Code as the district	769
required to pay any tuition while the parent was in such facility	770
or placement.	771

(3) If the child is not in the permanent or legal custody of	772
a government agency or person other than the child's parent and	773
the child resides in a home, tuition shall be paid by one of the	774
following:	775

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

776

(b) If the child's parent is not a resident of this state,	777
the home in which the child resides.	778

(D) Tuition required to be paid under divisions (C)(2) and	779
(3)(a) of this section shall be computed in accordance with	780
section 3317.08 of the Revised Code. Tuition required to be paid	781
under division (C)(3)(b) of this section shall be computed in	782
accordance with section 3317.081 of the Revised Code. If a home	783
fails to pay the tuition required by division (C)(3)(b) of this	784
section, the board of education providing the education may	785
recover in a civil action the tuition and the expenses incurred in	786
prosecuting the action, including court costs and reasonable	787
attorney's fees. If the prosecuting attorney or city director of	788
law represents the board in such action, costs and reasonable	789
attorney's fees awarded by the court, based upon the prosecuting	790
attorney's, director's, or one of their designee's time spent	791
preparing and presenting the case, shall be deposited in the	792
county or city general fund.	793

(E) A board of education may enroll a child free of any	794
tuition obligation for a period not to exceed sixty days, on the	795
sworn statement of an adult resident of the district that the	796
resident has initiated legal proceedings for custody of the child.	797

(F) In the case of any individual entitled to attend school	798
under this division, no tuition shall be charged by the school	799
district of attendance and no other school district shall be	800
required to pay tuition for the individual's attendance.	801
Notwithstanding division (B), (C), or (E) of this section:	802

(1) All persons at least eighteen but under twenty-two years	803
of age who live apart from their parents, support themselves by	804
their own labor, and have not successfully completed the high	805
school curriculum or the individualized education program	806
developed for the person by the high school pursuant to section	807
3323.08 of the Revised Code, are entitled to attend school in the	808
district in which they reside.	809

(2) Any child under eighteen years of age who is married is	810
entitled to attend school in the child's district of residence.	811

(3) A child is entitled to attend school in the district in	812
which either of the child's parents is employed if the child has a	813
medical condition that may require emergency medical attention.	814
The parent of a child entitled to attend school under division	815
(F)(3) of this section shall submit to the board of education of	816
the district in which the parent is employed a statement from the	817
child's physician certifying that the child's medical condition	818
may require emergency medical attention. The statement shall be	819
supported by such other evidence as the board may require.	820

(4) Any child residing with a person other than the child's	821
parent is entitled, for a period not to exceed twelve months, to	822
attend school in the district in which that person resides if the	823
child's parent files an affidavit with the superintendent of the	824
district in which the person with whom the child is living resides	825
stating all of the following:	826

(a) That the parent is serving outside of the state in the	827
armed services of the United States;	828

(b) That the parent intends to reside in the district upon	829
returning to this state;	830

(c) The name and address of the person with whom the child is	831
living while the parent is outside the state.	832

(5) Any child under the age of twenty-two years who, after	833
the death of a parent, resides in a school district other than the	834
district in which the child attended school at the time of the	835
parent's death is entitled to continue to attend school in the	836
district in which the child attended school at the time of the	837
parent's death for the remainder of the school year, subject to	838
approval of that district board.	839

(6) A child under the age of twenty-two years who resides	840
with a parent who is having a new house built in a school district	841
outside the district where the parent is residing is entitled to	842
attend school for a period of time in the district where the new	843
house is being built. In order to be entitled to such attendance,	844
the parent shall provide the district superintendent with the	845
following:	846

(a) A sworn statement explaining the situation, revealing the	847
location of the house being built, and stating the parent's	848
intention to reside there upon its completion;	849

(b) A statement from the builder confirming that a new house	850
is being built for the parent and that the house is at the	851
location indicated in the parent's statement.	852

(7) A child under the age of twenty-two years residing with a	853
parent who has a contract to purchase a house in a school district	854
outside the district where the parent is residing and who is	855
waiting upon the date of closing of the mortgage loan for the	856
purchase of such house is entitled to attend school for a period	857
of time in the district where the house is being purchased. In	858
order to be entitled to such attendance, the parent shall provide	859
the district superintendent with the following:	860

(a) A sworn statement explaining the situation, revealing the	861
location of the house being purchased, and stating the parent's	862
intent to reside there;	863

(b) A statement from a real estate broker or bank officer	864
confirming that the parent has a contract to purchase the house,	865
that the parent is waiting upon the date of closing of the	866
mortgage loan, and that the house is at the location indicated in	867
the parent's statement.	868

The district superintendent shall establish a period of time	869
not to exceed ninety days during which the child entitled to	870
attend school under division (F)(6) or (7) of this section may	871
attend without tuition obligation. A student attending a school	872
under division (F)(6) or (7) of this section shall be eligible to	873
participate in interscholastic athletics under the auspices of	874
that school, provided the board of education of the school	875
district where the student's parent resides, by a formal action,	876
releases the student to participate in interscholastic athletics	877
at the school where the student is attending, and provided the	878
student receives any authorization required by a public agency or	879
private organization of which the school district is a member	880
exercising authority over interscholastic sports.	881

(8) A child whose parent is a full-time employee of a city,	882
local, or exempted village school district, or of an educational	883
service center, may be admitted to the schools of the district	884
where the child's parent is employed, or in the case of a child	885
whose parent is employed by an educational service center, in the	886
district that serves the location where the parent's job is	887
primarily located, provided the district board of education	888
establishes such an admission policy by resolution adopted by a	889
majority of its members. Any such policy shall take effect on the	890
first day of the school year and the effective date of any	891
amendment or repeal may not be prior to the first day of the	892
subsequent school year. The policy shall be uniformly applied to	893
all such children and shall provide for the admission of any such	894
child upon request of the parent. No child may be admitted under	895
this policy after the first day of classes of any school year.	896

(9) A child who is with the child's parent under the care of	897
a shelter for victims of domestic violence, as defined in section	898
3113.33 of the Revised Code, is entitled to attend school free in	899
the district in which the child is with the child's parent, and no	900
other school district shall be required to pay tuition for the	901
child's attendance in that school district.	902

The enrollment of a child in a school district under this	903
division shall not be denied due to a delay in the school	904
district's receipt of any records required under section 3313.672	905
of the Revised Code or any other records required for enrollment.	906
Any days of attendance and any credits earned by a child while	907
enrolled in a school district under this division shall be	908
transferred to and accepted by any school district in which the	909
child subsequently enrolls. The state board of education shall	910
adopt rules to ensure compliance with this division.	911

(10) Any child under the age of twenty-two years whose parent	912
has moved out of the school district after the commencement of	913
classes in the child's senior year of high school is entitled,	914
subject to the approval of that district board, to attend school	915
in the district in which the child attended school at the time of	916
the parental move for the remainder of the school year and for one	917
additional semester or equivalent term. A district board may also	918
adopt a policy specifying extenuating circumstances under which a	919
student may continue to attend school under division (F)(10) of	920
this section for an additional period of time in order to	921
successfully complete the high school curriculum for the	922
individualized education program developed for the student by the	923
high school pursuant to section 3323.08 of the Revised Code.	924

(11) As used in this division, "grandparent" means a parent	925
of a parent of a child. A child under the age of twenty-two years	926
who is in the custody of the child's parent, resides with a	927
grandparent, and does not require special education is entitled to	928
attend the schools of the district in which the child's	929
grandparent resides, provided that, prior to such attendance in	930
any school year, the board of education of the school district in	931
which the child's grandparent resides and the board of education	932
of the school district in which the child's parent resides enter	933
into a written agreement specifying that good cause exists for	934
such attendance, describing the nature of this good cause, and	935
consenting to such attendance.	936

In lieu of a consent form signed by a parent, a board of	937
education may request the grandparent of a child attending school	938
in the district in which the grandparent resides pursuant to	939
division (F)(11) of this section to complete any consent form	940
required by the district, including any authorization required by	941
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	942
Upon request, the grandparent shall complete any consent form	943
required by the district. A school district shall not incur any	944
liability solely because of its receipt of a consent form from a	945
grandparent in lieu of a parent.	946

Division (F)(11) of this section does not create, and shall	947
not be construed as creating, a new cause of action or substantive	948
legal right against a school district, a member of a board of	949
education, or an employee of a school district. This section does	950
not affect, and shall not be construed as affecting, any	951
immunities from defenses to tort liability created or recognized	952
by Chapter 2744. of the Revised Code for a school district,	953
member, or employee.	954

(12) A child under the age of twenty-two years is entitled to	955
attend school in a school district other than the district in	956
which the child is entitled to attend school under division (B),	957
(C), or (E) of this section provided that, prior to such	958
attendance in any school year, both of the following occur:	959

(a) The superintendent of the district in which the child is	960
entitled to attend school under division (B), (C), or (E) of this	961
section contacts the superintendent of another district for	962
purposes of this division;	963

(b) The superintendents of both districts enter into a	964
written agreement that consents to the attendance and specifies	965
that the purpose of such attendance is to protect the student's	966
physical or mental well-being or to deal with other extenuating	967
circumstances deemed appropriate by the superintendents.	968

While an agreement is in effect under this division for a	969
student who is not receiving special education under Chapter 3323.	970
of the Revised Code and notwithstanding Chapter 3327. of the	971
Revised Code, the board of education of neither school district	972
involved in the agreement is required to provide transportation	973
for the student to and from the school where the student attends.	974

A student attending a school of a district pursuant to this	975
division shall be allowed to participate in all student	976
activities, including interscholastic athletics, at the school	977
where the student is attending on the same basis as any student	978
who has always attended the schools of that district while of	979
compulsory school age.	980

(13) All school districts shall comply with the	981
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	982
seq., for the education of homeless children. Each city, local,	983
and exempted village school district shall comply with the	984
requirements of that act governing the provision of a free,	985
appropriate public education, including public preschool, to each	986
homeless child.	987

When a child loses permanent housing and becomes a homeless	988
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	989
such a homeless person changes temporary living arrangements, the	990
child's parent or guardian shall have the option of enrolling the	991
child in either of the following:	992

(a) The child's school of origin, as defined in 42 U.S.C.A.	993
11432(g)(3)(C);	994

(b) The school that is operated by the school district in	995
which the shelter where the child currently resides is located and	996
that serves the geographic area in which the shelter is located.	997

(G) A board of education, after approving admission, may	998
waive tuition for students who will temporarily reside in the	999
district and who are either of the following:	1000

(1) Residents or domiciliaries of a foreign nation who	1001
request admission as foreign exchange students;	1002

(2) Residents or domiciliaries of the United States but not	1003
of Ohio who request admission as participants in an exchange	1004
program operated by a student exchange organization.	1005

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1006
3327.04, and 3327.06 of the Revised Code, a child may attend	1007
school or participate in a special education program in a school	1008
district other than in the district where the child is entitled to	1009
attend school under division (B) of this section.	1010

(I) This division does not apply to a child receiving special	1011
education.	1012

A school district required to pay tuition pursuant to	1013
division (C)(2) or (3) of this section or section 3313.65 of the	1014
Revised Code shall have an amount deducted under division (F) of	1015
section 3317.023 of the Revised Code equal to its own tuition rate	1016
for the same period of attendance. A school district entitled to	1017
receive tuition pursuant to division (C)(2) or (3) of this section	1018
or section 3313.65 of the Revised Code shall have an amount	1019
credited under division (F) of section 3317.023 of the Revised	1020
Code equal to its own tuition rate for the same period of	1021
attendance. If the tuition rate credited to the district of	1022
attendance exceeds the rate deducted from the district required to	1023
pay tuition, the department of education shall pay the district of	1024
attendance the difference from amounts deducted from all	1025
districts' payments under division (F) of section 3317.023 of the	1026
Revised Code but not credited to other school districts under such	1027
division and from appropriations made for such purpose. The	1028
treasurer of each school district shall, by the fifteenth day of	1029
January and July, furnish the superintendent of public instruction	1030
a report of the names of each child who attended the district's	1031
schools under divisions (C)(2) and (3) of this section or section	1032
3313.65 of the Revised Code during the preceding six calendar	1033
months, the duration of the attendance of those children, the	1034
school district responsible for tuition on behalf of the child,	1035
and any other information that the superintendent requires.	1036

Upon receipt of the report the superintendent, pursuant to	1037
division (F) of section 3317.023 of the Revised Code, shall deduct	1038
each district's tuition obligations under divisions (C)(2) and (3)	1039
of this section or section 3313.65 of the Revised Code and pay to	1040
the district of attendance that amount plus any amount required to	1041
be paid by the state.	1042

(J) In the event of a disagreement, the superintendent of	1043
public instruction shall determine the school district in which	1044
the parent resides.	1045

(K) Nothing in this section requires or authorizes, or shall	1046
be construed to require or authorize, the admission to a public	1047
school in this state of a pupil who has been permanently excluded	1048
from public school attendance by the superintendent of public	1049
instruction pursuant to sections 3301.121 and 3313.662 of the	1050
Revised Code.	1051

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

1052

(1) "Power of attorney" means a power of attorney created	1053
under section 3109.52 of the Revised Code.	1054

(2) "Caretaker authorization affidavit" means an affidavit	1055
executed under section 3109.67 of the Revised Code.	1056

(B) The grandparent who is attorney in fact under a power of	1057
attorney or the grandparent that executed a caretaker	1058
authorization affidavit may enroll the child who is the subject of	1059
the power of attorney or affidavit in a school in the school	1060
district in which the grandparent resides. Unless another reason	1061
exists under the Revised Code to exclude the child, the child may	1062
attend the schools of the school district in which the grandparent	1063
resides.	1064

Sec. 3313.66.  (A) Except as provided under division (B)(2)	1065
of this section, the superintendent of schools of a city, exempted	1066
village, or local school district, or the principal of a public	1067
school may suspend a pupil from school for not more than ten	1068
school days. The board of education of a city, exempted village,	1069
or local school district may adopt a policy granting assistant	1070
principals and other administrators the authority to suspend a	1071
pupil from school for a period of time as specified in the policy	1072
of the board of education, not to exceed ten school days. If at	1073
the time a suspension is imposed there are fewer than ten school	1074
days remaining in the school year in which the incident that gives	1075
rise to the suspension takes place, the superintendent may apply	1076
any remaining part or all of the period of the suspension to the	1077
following school year. Except in the case of a pupil given an	1078
in-school suspension, no pupil shall be suspended unless prior to	1079
the suspension such superintendent or principal does both of the	1080
following:	1081

(1) Gives the pupil written notice of the intention to	1082
suspend the pupil and the reasons for the intended suspension and,	1083
if the proposed suspension is based on a violation listed in	1084
division (A) of section 3313.662 of the Revised Code and if the	1085
pupil is sixteen years of age or older, includes in the notice a	1086
statement that the superintendent may seek to permanently exclude	1087
the pupil if the pupil is convicted of or adjudicated a delinquent	1088
child for that violation;	1089

(2) Provides the pupil an opportunity to appear at an	1090
informal hearing before the principal, assistant principal,	1091
superintendent, or superintendent's designee and challenge the	1092
reason for the intended suspension or otherwise to explain the	1093
pupil's actions.	1094

(B)(1) Except as provided under division (B)(2), (3), or (4)	1095
of this section, the superintendent of schools of a city, exempted	1096
village, or local school district may expel a pupil from school	1097
for a period not to exceed the greater of eighty school days or	1098
the number of school days remaining in the semester or term in	1099
which the incident that gives rise to the expulsion takes place,	1100
unless the expulsion is extended pursuant to division (F) of this	1101
section. If at the time an expulsion is imposed there are fewer	1102
than eighty school days remaining in the school year in which the	1103
incident that gives rise to the expulsion takes place, the	1104
superintendent may apply any remaining part or all of the period	1105
of the expulsion to the following school year.	1106

(2)(a) Unless a pupil is permanently excluded pursuant to	1107
section 3313.662 of the Revised Code, the superintendent of	1108
schools of a city, exempted village, or local school district	1109
shall expel a pupil from school for a period of one year for	1110
bringing a firearm to a school operated by the board of education	1111
of the district or onto any other property owned or controlled by	1112
the board, except that the superintendent may reduce this	1113
requirement on a case-by-case basis in accordance with the policy	1114
adopted by the board under section 3313.661 of the Revised Code.	1115

(b) The superintendent of schools of a city, exempted	1116
village, or local school district may expel a pupil from school	1117
for a period of one year for bringing a firearm to an	1118
interscholastic competition, an extracurricular event, or any	1119
other school program or activity that is not located in a school	1120
or on property that is owned or controlled by the district. The	1121
superintendent may reduce this disciplinary action on a	1122
case-by-case basis in accordance with the policy adopted by the	1123
board under section 3313.661 of the Revised Code.	1124

(c) Any expulsion pursuant to division (B)(2) of this section	1125
shall extend, as necessary, into the school year following the	1126
school year in which the incident that gives rise to the expulsion	1127
takes place. As used in this division, "firearm" has the same	1128
meaning as provided pursuant to the "Gun-Free Schools Act of	1129
1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).	1130

(3) The board of education of a city, exempted village, or	1131
local school district may adopt a resolution authorizing the	1132
superintendent of schools to expel a pupil from school for a	1133
period not to exceed one year for bringing a knife to a school	1134
operated by the board, onto any other property owned or controlled	1135
by the board, or to an interscholastic competition, an	1136
extracurricular event, or any other program or activity sponsored	1137
by the school district or in which the district is a participant,	1138
or for possessing a firearm or knife at a school, on any other	1139
property owned or controlled by the board, or at an	1140
interscholastic competition, an extracurricular event, or any	1141
other school program or activity, which firearm or knife was	1142
initially brought onto school board property by another person.	1143
The resolution may authorize the superintendent to extend such an	1144
expulsion, as necessary, into the school year following the school	1145
year in which the incident that gives rise to the expulsion takes	1146
place.	1147

(4) The board of education of a city, exempted village, or	1148
local school district may adopt a resolution establishing a policy	1149
under section 3313.661 of the Revised Code that authorizes the	1150
superintendent of schools to expel a pupil from school for a	1151
period not to exceed one year for committing an act that is a	1152
criminal offense when committed by an adult and that results in	1153
serious physical harm to persons as defined in division (A)(5) of	1154
section 2901.01 of the Revised Code or serious physical harm to	1155
property as defined in division (A)(6) of section 2901.01 of the	1156
Revised Code while the pupil is at school, on any other property	1157
owned or controlled by the board, or at an interscholastic	1158
competition, an extracurricular event, or any other school program	1159
or activity. Any expulsion under this division shall extend, as	1160
necessary, into the school year following the school year in which	1161
the incident that gives rise to the expulsion takes place.	1162

(5) The board of education of any city, exempted village, or	1163
local school district may adopt a resolution establishing a policy	1164
under section 3313.661 of the Revised Code that authorizes the	1165
superintendent of schools to expel a pupil from school for a	1166
period not to exceed one year for making a bomb threat to a school	1167
building or to any premises at which a school activity is	1168
occurring at the time of the threat. Any expulsion under this	1169
division shall extend, as necessary, into the school year	1170
following the school year in which the incident that gives rise to	1171
the expulsion takes place.	1172

(6) No pupil shall be expelled under division (B)(1), (2),	1173
(3), (4), or (5) of this section unless, prior to the pupil's	1174
expulsion, the superintendent does both of the following:	1175

(a) Gives the pupil and the pupil's parent, guardian, or	1176
custodian written notice of the intention to expel the pupil;	1177

(b) Provides the pupil and the pupil's parent, guardian,	1178
custodian, or representative an opportunity to appear in person	1179
before the superintendent or the superintendent's designee to	1180
challenge the reasons for the intended expulsion or otherwise to	1181
explain the pupil's actions.	1182

The notice required in this division shall include the	1183
reasons for the intended expulsion, notification of the	1184
opportunity of the pupil and the pupil's parent, guardian,	1185
custodian, or representative to appear before the superintendent	1186
or the superintendent's designee to challenge the reasons for the	1187
intended expulsion or otherwise to explain the pupil's action, and	1188
notification of the time and place to appear. The time to appear	1189
shall not be earlier than three nor later than five school days	1190
after the notice is given, unless the superintendent grants an	1191
extension of time at the request of the pupil or the pupil's	1192
parent, guardian, custodian, or representative. If an extension is	1193
granted after giving the original notice, the superintendent shall	1194
notify the pupil and the pupil's parent, guardian, custodian, or	1195
representative of the new time and place to appear. If the	1196
proposed expulsion is based on a violation listed in division (A)	1197
of section 3313.662 of the Revised Code and if the pupil is	1198
sixteen years of age or older, the notice shall include a	1199
statement that the superintendent may seek to permanently exclude	1200
the pupil if the pupil is convicted of or adjudicated a delinquent	1201
child for that violation.	1202

(7) A superintendent of schools of a city, exempted village,	1203
or local school district shall initiate expulsion proceedings	1204
pursuant to this section with respect to any pupil who has	1205
committed an act warranting expulsion under the district's policy	1206
regarding expulsion even if the pupil has withdrawn from school	1207
for any reason after the incident that gives rise to the hearing	1208
but prior to the hearing or decision to impose the expulsion. If,	1209
following the hearing, the pupil would have been expelled for a	1210
period of time had the pupil still been enrolled in the school,	1211
the expulsion shall be imposed for the same length of time as on a	1212
pupil who has not withdrawn from the school.	1213

(C) If a pupil's presence poses a continuing danger to	1214
persons or property or an ongoing threat of disrupting the	1215
academic process taking place either within a classroom or	1216
elsewhere on the school premises, the superintendent or a	1217
principal or assistant principal may remove a pupil from	1218
curricular activities or from the school premises, and a teacher	1219
may remove a pupil from curricular activities under the teacher's	1220
supervision, without the notice and hearing requirements of	1221
division (A) or (B) of this section. As soon as practicable after	1222
making such a removal, the teacher shall submit in writing to the	1223
principal the reasons for such removal.	1224

If a pupil is removed under this division from a curricular	1225
activity or from the school premises, written notice of the	1226
hearing and of the reason for the removal shall be given to the	1227
pupil as soon as practicable prior to the hearing, which shall be	1228
held within three school days from the time the initial removal is	1229
ordered. The hearing shall be held in accordance with division (A)	1230
of this section unless it is probable that the pupil may be	1231
subject to expulsion, in which case a hearing in accordance with	1232
division (B) of this section shall be held, except that the	1233
hearing shall be held within three school days of the initial	1234
removal. The individual who ordered, caused, or requested the	1235
removal to be made shall be present at the hearing.	1236

If the superintendent or the principal reinstates a pupil in	1237
a curricular activity under the teacher's supervision prior to the	1238
hearing following a removal under this division, the teacher, upon	1239
request, shall be given in writing the reasons for such	1240
reinstatement.	1241

(D) The superintendent or principal, within one school day	1242
after the time of a pupil's expulsion or suspension, shall notify	1243
in writing the parent, guardian, or custodian of the pupil and the	1244
treasurer of the board of education of the expulsion or	1245
suspension. The notice shall include the reasons for the expulsion	1246
or suspension, notification of the right of the pupil or the	1247
pupil's parent, guardian, or custodian to appeal the expulsion or	1248
suspension to the board of education or to its designee, to be	1249
represented in all appeal proceedings, to be granted a hearing	1250
before the board or its designee in order to be heard against the	1251
suspension or expulsion, and to request that the hearing be held	1252
in executive session, notification that the expulsion may be	1253
subject to extension pursuant to division (F) of this section if	1254
the pupil is sixteen years of age or older, and notification that	1255
the superintendent may seek the pupil's permanent exclusion if the	1256
suspension or expulsion was based on a violation listed in	1257
division (A) of section 3313.662 of the Revised Code that was	1258
committed when the child was sixteen years of age or older and if	1259
the pupil is convicted of or adjudicated a delinquent child for	1260
that violation.	1261

Any superintendent expelling a pupil under this section for	1262
more than twenty school days or for any period of time if the	1263
expulsion will extend into the following semester or school year	1264
shall, in the notice required under this division, provide the	1265
pupil and the pupil's parent, guardian, or custodian with	1266
information about services or programs offered by public and	1267
private agencies that work toward improving those aspects of the	1268
pupil's attitudes and behavior that contributed to the incident	1269
that gave rise to the pupil's expulsion. The information shall	1270
include the names, addresses, and phone numbers of the appropriate	1271
public and private agencies.	1272

(E) A pupil or the pupil's parent, guardian, or custodian may	1273
appeal the pupil's expulsion by a superintendent or suspension by	1274
a superintendent, principal, assistant principal, or other	1275
administrator to the board of education or to its designee. The	1276
pupil or the pupil's parent, guardian, or custodian may be	1277
represented in all appeal proceedings and shall be granted a	1278
hearing before the board or its designee in order to be heard	1279
against the suspension or expulsion. At the request of the pupil	1280
or of the pupil's parent, guardian, custodian, or attorney, the	1281
board or its designee may hold the hearing in executive session	1282
but shall act upon the suspension or expulsion only at a public	1283
meeting. The board, by a majority vote of its full membership or	1284
by the action of its designee, may affirm the order of suspension	1285
or expulsion, reinstate the pupil, or otherwise reverse, vacate,	1286
or modify the order of suspension or expulsion.	1287

The board or its designee shall make a verbatim record of	1288
hearings held under this division. The decisions of the board or	1289
its designee may be appealed under Chapter 2506. of the Revised	1290
Code.	1291

This section shall not be construed to require notice and	1292
hearing in accordance with division (A), (B), or (C) of this	1293
section in the case of normal disciplinary procedures in which a	1294
pupil is removed from a curricular activity for a period of less	1295
than one school day and is not subject to suspension or expulsion.	1296

(F)(1) If a pupil is expelled pursuant to division (B) of	1297
this section for committing any violation listed in division (A)	1298
of section 3313.662 of the Revised Code and the pupil was sixteen	1299
years of age or older at the time of committing the violation, if	1300
a complaint, indictment, or information is filed alleging that the	1301
pupil is a delinquent child based upon the commission of the	1302
violation or the pupil is prosecuted as an adult for the	1303
commission of the violation, and if the resultant juvenile court	1304
or criminal proceeding is pending at the time that the expulsion	1305
terminates, the superintendent of schools that expelled the pupil	1306
may file a motion with the court in which the proceeding is	1307
pending requesting an order extending the expulsion for the lesser	1308
of an additional eighty days or the number of school days	1309
remaining in the school year. Upon the filing of the motion, the	1310
court immediately shall schedule a hearing and give written notice	1311
of the time, date, and location of the hearing to the	1312
superintendent and to the pupil and the pupil's parent, guardian,	1313
or custodian. At the hearing, the court shall determine whether	1314
there is reasonable cause to believe that the pupil committed the	1315
alleged violation that is the basis of the expulsion and, upon	1316
determining that reasonable cause to believe the pupil committed	1317
the violation does exist, shall grant the requested extension.	1318

(2) If a pupil has been convicted of or adjudicated a	1319
delinquent child for a violation listed in division (A) of section	1320
3313.662 of the Revised Code for an act that was committed when	1321
the child was sixteen years of age or older, if the pupil has been	1322
expelled pursuant to division (B) of this section for that	1323
violation, and if the board of education of the school district of	1324
the school from which the pupil was expelled has adopted a	1325
resolution seeking the pupil's permanent exclusion, the	1326
superintendent may file a motion with the court that convicted the	1327
pupil or adjudicated the pupil a delinquent child requesting an	1328
order to extend the expulsion until an adjudication order or other	1329
determination regarding permanent exclusion is issued by the	1330
superintendent of public instruction pursuant to section 3301.121	1331
and division (D) of section 3313.662 of the Revised Code. Upon the	1332
filing of the motion, the court immediately shall schedule a	1333
hearing and give written notice of the time, date, and location of	1334
the hearing to the superintendent of the school district, the	1335
pupil, and the pupil's parent, guardian, or custodian. At the	1336
hearing, the court shall determine whether there is reasonable	1337
cause to believe the pupil's continued attendance in the public	1338
school system may endanger the health and safety of other pupils	1339
or school employees and, upon making that determination, shall	1340
grant the requested extension.	1341

(G) The failure of the superintendent or the board of	1342
education to provide the information regarding the possibility of	1343
permanent exclusion in the notice required by divisions (A), (B),	1344
and (D) of this section is not jurisdictional, and the failure	1345
shall not affect the validity of any suspension or expulsion	1346
procedure that is conducted in accordance with this section or the	1347
validity of a permanent exclusion procedure that is conducted in	1348
accordance with sections 3301.121 and 3313.662 of the Revised	1349
Code.	1350

(H) With regard to suspensions and expulsions pursuant to	1351
divisions (A) and (B) of this section by the board of education of	1352
any city, exempted village, or local school district, this section	1353
shall apply to any student, whether or not the student is enrolled	1354
in the district, attending or otherwise participating in any	1355
curricular program provided in a school operated by the board or	1356
provided on any other property owned or controlled by the board.	1357

(I) Whenever a student is expelled under this section, the	1358
expulsion shall result in removal of the student from the	1359
student's regular school setting. However, during the period of	1360
the expulsion, the board of education of the school district that	1361
expelled the student or any board of education admitting the	1362
student during that expulsion period may provide educational	1363
services to the student in an alternative setting.	1364

(J)(1) Notwithstanding sectionsections 3109.51 to 3109.81,	1365
3313.64 or, and 3313.65 of the Revised Code, any school district,	1366
after offering an opportunity for a hearing, may temporarily deny	1367
admittance to any pupil if one of the following applies:	1368

(a) The pupil has been suspended from the schools of another	1369
district under division (A) of this section and the period of	1370
suspension, as established under that division, has not expired;	1371

(b) The pupil has been expelled from the schools of another	1372
district under division (B) of this section and the period of the	1373
expulsion, as established under that division or as extended under	1374
division (F) of this section, has not expired.	1375

If a pupil is temporarily denied admission under this	1376
division, the pupil shall be admitted to school in accordance with	1377
sectionsections 3109.51 to 3109.81, 3313.64, or 3313.65 of the	1378
Revised Code no later than upon expiration of the suspension or	1379
expulsion period, as applicable.	1380

(2) Notwithstanding sectionsections 3109.51 to 3109.81,	1381
3313.64 or, and 3313.65 of the Revised Code, any school district,	1382
after offering an opportunity for a hearing, may temporarily deny	1383
admittance to any pupil if the pupil has been expelled or	1384
otherwise removed for disciplinary purposes from a public school	1385
in another state and the period of expulsion or removal has not	1386
expired. If a pupil is temporarily denied admission under this	1387
division, the pupil shall be admitted to school in accordance with	1388
sectionsections 3109.51 to 3109.81, 3313.64, or 3313.65 of the	1389
Revised Code no later than the earlier of the following:	1390

(a) Upon expiration of the expulsion or removal period	1391
imposed by the out-of-state school;	1392

(b) Upon expiration of a period established by the district,	1393
beginning with the date of expulsion or removal from the	1394
out-of-state school, that is no greater than the period of	1395
expulsion that the pupil would have received under the policy	1396
adopted by the district under section 3313.661 of the Revised Code	1397
had the offense that gave rise to the expulsion or removal by the	1398
out-of-state school been committed while the pupil was enrolled in	1399
the district.	1400

(K) As used in this section:

1401

(1) "Permanently exclude" and "permanent exclusion" have the	1402
same meanings as in section 3313.662 of the Revised Code.	1403

(2) "In-school suspension" means the pupil will serve all of	1404
the suspension in a school setting.	1405

Sec. 3313.672.  (A)(1) At the time of his initial entry to a	1406
public or nonpublic school, a pupil shall present to the person in	1407
charge of admission any records given himthe pupil by the public	1408
or nonpublic elementary or secondary school hethe pupil most	1409
recently attended; a certified copy of an order or decree, or	1410
modification of such an order or decree allocating parental rights	1411
and responsibilities for the care of a child and designating a	1412
residential parent and legal custodian of the child, as provided	1413
in division (B) of this section, if that type of order or decree	1414
has been issued; a copy of a power of attorney or caretaker	1415
authorization affidavit, if either has been executed with respect	1416
to the child pursuant to sections 3109.51 to 3109.81 of the	1417
Revised Code; and a certification of birth issued pursuant to	1418
Chapter 3705. of the Revised Code, a comparable certificate or	1419
certification issued pursuant to the statutes of another state,	1420
territory, possession, or nation, or a document in lieu of a	1421
certificate or certification as described in divisions (A)(1)(a)	1422
to (e) of this section. Any of the following shall be accepted in	1423
lieu of a certificate or certification of birth by the person in	1424
charge of admission:	1425

(a) A passport or attested transcript of a passport filed	1426
with a registrar of passports at a point of entry of the United	1427
States showing the date and place of birth of the child;	1428

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

1429

(c) An attested transcript of the certificate of baptism or	1430
other religious record showing the date and place of birth of the	1431
child;	1432

(d) An attested transcript of a hospital record showing the	1433
date and place of birth of the child;	1434

(e) A birth affidavit.

1435

(2) Within twenty-four hours of the entry into the school of	1436
a pupil described in division (A)(1) of this section, a school	1437
official shall request the pupil's official records from the	1438
public or nonpublic elementary or secondary school hethe pupil	1439
most recently attended. If the public or nonpublic school the	1440
pupil claims to have most recently attended indicates that it has	1441
no record of the pupil's attendance or the records are not	1442
received within fourteen days of the date of request, or if the	1443
pupil does not present a certification of birth described in	1444
division (A)(1) of this section, a comparable certificate or	1445
certification from another state, territory, possession, or	1446
nation, or another document specified in divisions (A)(1)(a) to	1447
(d) of this section, the principal or chief administrative officer	1448
of the school shall notify the law enforcement agency having	1449
jurisdiction in the area where the pupil resides of this fact and	1450
of the possibility that the pupil may be a missing child, as	1451
defined in section 2901.30 of the Revised Code.	1452

(B)(1) Whenever an order or decree allocating parental rights	1453
and responsibilities for the care of a child and designating a	1454
residential parent and legal custodian of the child, including a	1455
temporary order, is issued resulting from an action of divorce,	1456
alimony, annulment, or dissolution of marriage, and the order or	1457
decree pertains to a child who is a pupil in a public or nonpublic	1458
school, the residential parent of the child shall notify the	1459
school of those allocations and designations by providing the	1460
person in charge of admission at the pupil's school with a	1461
certified copy of the order or decree that made the allocation and	1462
designation. Whenever there is a modification of any order or	1463
decree allocating parental rights and responsibilities for the	1464
care of a child and designating a residential parent and legal	1465
custodian of the child that has been submitted to a school, the	1466
residential parent shall provide the person in charge of admission	1467
at the pupil's school with a certified copy of the order or decree	1468
that makes the modification.	1469

(2) Whenever a power of attorney is executed under sections	1470
3109.51 to 3109.62 of the Revised Code that pertains to a child	1471
who is a pupil in a public or nonpublic school, the attorney in	1472
fact shall notify the school of the power of attorney by providing	1473
the person in charge of admission with a copy of the power of	1474
attorney. Whenever a caretaker authorization affidavit is executed	1475
under sections 3109.64 to 3109.73 of the Revised Code that	1476
pertains to a child who is in a public or nonpublic school, the	1477
caretaker under the affidavit shall notify the school of the	1478
affidavit by providing the person in charge of admission with a	1479
copy of the affidavit.	1480

(C) If, at the time of a pupil's initial entry to a public or	1481
nonpublic school, the pupil is under the care of a shelter for	1482
victims of domestic violence, as defined in section 3113.33 of the	1483
Revised Code, the pupil or histhe pupil's parent shall notify the	1484
school of that fact. Upon being so informed, the school shall	1485
inform the elementary or secondary school from which it requests	1486
the pupil's records of that fact.	1487

Section 2.  That existing sections 3313.64, 3313.66, and	1488
3313.672 of the Revised Code are hereby repealed.	1489

Section 3.  Section 3313.66 of the Revised Code is presented	1490
in this act as a composite of the section as amended by both H.B.	1491
620 and Am. Sub. S.B. 179 of the 123rd General Assembly. The	1492
General Assembly, applying the principle stated in division (B) of	1493
section 1.52 of the Revised Code that amendments are to be	1494
harmonized if reasonably capable of simultaneous operation, finds	1495
that the composite is the resulting version of the section in	1496
effect prior to the effective date of the section as presented in	1497
this act.	1498