SENATORS Goodman, Stivers, Hottinger, Dann

To amend sections 3313.64, 3313.66, and 3313.672 and

1

to enact sections 3109.51 to 3109.62, 3109.65 to

2

3109.80, and 3313.649 of the Revised Code to

3

permit the execution of a power of attorney or

4

caretaker authorization affidavit permitting a

5

grandparent with whom a child resides authority

6

over the care, custody, and control of the child

7

including the authority to make decisions

8

regarding school matters and to consent to the

9

medical, psychological, and dental care for the

10

child, to require the power of attorney or

11

caretaker authorization affidavit be filed with

12

the juvenile court or any other court that may

13

have jurisdiction, to require the grandparent to

14

provide certain specified information to the court

15

with the power of attorney of caretaker

16

authorization affidavit, and to allow the court to

17

report that information to a public children

18

services agency for the purpose of investigating

19

the grandparent.

20

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

Section 1. That sections 3313.64, 3313.66, and 3313.672 be	21
amended and sections 3109.51, 3109.52, 3109.53, 3109.54, 3109.55,	22
3109.56, 3109.57, 3109.58, 3109.59, 3109.60, 3109.61, 3109.62,	23
3109.65, 3109.66, 3109.67, 3109.68, 3109.69, 3109.70, 3109.71,	24
3109.72, 3109.73, 3109.74, 3109.75, 3109.76, 3109.77, 3109.78,	25
3109.79, 3109.80, and 3313.649 of the Revised Code be enacted to	26
read as follows:	27

Sec. 3109.51.  As used in sections 3109.52 to 3109.80 of the	28
Revised Code:	29

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

30

(B) "Custodian" means an individual with legal custody of a	31
child.	32

(C) "Guardian" means an individual granted authority by a	33
probate court pursuant to Chapter 2111. of the Revised Code to	34
exercise parental rights over a child to the extent provided in	35
the court's order and subject to the residual parental rights,	36
privileges, and responsibilities of the child's parents.	37

(D) "Legal custody" and "residual parental rights,	38
privileges, and responsibilities" have the same meanings as in	39
section 2151.011 of the Revised Code.	40

Sec. 3109.52.  The parent, guardian, or custodian of a child	41
may create a power of attorney that grants to a grandparent of the	42
child with whom the child is residing any of the parent's,	43
guardian's, or custodian's rights and responsibilities regarding	44
the care, physical custody, and control of the child, including	45
the ability to enroll the child in school, to obtain from the	46
school district educational and behavioral information about the	47
child, to consent to all school-related matters regarding the	48
child, and to consent to medical, psychological, or dental	49
treatment for the child. The power of attorney may not grant	50
authority to consent to the marriage or adoption of the child. The	51
power of attorney does not affect the rights of the parent,	52
guardian, or custodian of the child in any future proceeding	53
concerning custody of the child or the allocation of parental	54
rights and responsibilities for the care of the child and does not	55
grant legal custody to the attorney in fact.	56

Sec. 3109.53.  To create a power of attorney under section	57
3109.52 of the Revised Code, a parent, guardian, or custodian	58
shall use a form that is identical in form and content to the	59
following:	60

POWER OF ATTORNEY

61

I, the undersigned, residing at ..........., in the county of	62
.........., state of .........., hereby appoint the child's	63
grandparent, .........., residing at .........., in the county of	64
..........., in the state of Ohio, with whom the child of whom I	65
am the parent, guardian, or custodian is residing, my attorney in	66
fact to exercise any and all of my rights and responsibilities	67
regarding the care, physical custody, and control of the child,	68
.........., born .........., having social security number	69
(optional) .........., except my authority to consent to marriage	70
or adoption of the child .........., and to perform all acts	71
necessary in the execution of the rights and responsibilities	72
hereby granted, as fully as I might do if personally present. The	73
rights I am transferring under this power of attorney include the	74
ability to enroll the child in school, to obtain from the school	75
district educational and behavioral information about the child,	76
to consent to all school-related matters regarding the child, and	77
to consent to medical, psychological, or dental treatment for the	78
child. This transfer does not affect my rights in any future	79
proceedings concerning the custody of the child or the allocation	80
of the parental rights and responsibilities for the care of the	81
child and does not give the attorney in fact legal custody of the	82
child. This transfer does not terminate my right to have regular	83
contact with the child.	84

I hereby certify that I am transferring the rights and	85
responsibilities designated in this power of attorney because one	86
of the following circumstances exists:	87

(1) I am: (a) Seriously ill, incarcerated or about to be	88
incarcerated, (b) Temporarily unable to provide financial support	89
or parental guidance to the child, (c) Temporarily unable to	90
provide adequate care and supervision of the child because of my	91
physical or mental condition, (d) Homeless or without a residence	92
because the current residence is destroyed or otherwise	93
uninhabitable, or (e) In or about to enter a residential treatment	94
program for substance abuse;	95

(2) I am a parent of the child, the child's other parent is	96
deceased, and I have authority to execute the power of attorney;	97
or	98

(3) I have a well-founded belief that the power of attorney	99
is in the child's best interest.	100

I hereby certify that I am not transferring my rights and	101
responsibilities regarding the child for the purpose of enrolling	102
the child in a school or school district so that the child may	103
participate in the academic or interscholastic athletic programs	104
provided by that school or district.	105

I understand that this document does not authorize a child	106
support enforcement agency to redirect child support payments to	107
the grandparent designated as attorney in fact. I further	108
understand that to have an existing child support order modified	109
or a new child support order issued administrative or judicial	110
proceedings must be initiated.	111

If there is a court order naming me the residential parent	112
and legal custodian of the child who is the subject of this power	113
of attorney and I am the sole parent signing this document, I	114
hereby certify that one of the following is the case:	115

(1) I have made reasonable efforts to locate and provide	116
notice of the creation of this power of attorney to the other	117
parent and have been unable to locate that parent;	118

(2) The other parent is prohibited from receiving a notice of	119
relocation; or	120

(3) The parental rights of the other parent have been	121
terminated by order of a juvenile court.	122

This POWER OF ATTORNEY is valid until the occurrence of	123
whichever of the following events occurs first: (1) one year	124
elapses following the date this POWER OF ATTORNEY is notarized;	125
(2) I revoke this POWER OF ATTORNEY in writing; (3) the child	126
ceases to reside with the grandparent designated as attorney in	127
fact; (4) this POWER OF ATTORNEY is terminated by court order; (5)	128
the death of the child who is the subject of the power of	129
attorney; or (6) the death of the grandparent designated as the	130
attorney in fact.	131

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	132
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	133
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE	134
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A	135
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR	136
BOTH.	137

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

138

State of Ohio             )

145

) ss:

146

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

147

Subscribed, sworn to, and acknowledged before me this ...... day	148
of ........., .............	149

Notices:

152

Additional information:

167

To the grandparent designated as attorney in fact:

168

To school officials:

177

To health care providers:

181

Sec. 3109.54.  A power of attorney created pursuant to	184
section 3109.52 of the Revised Code must be signed by the parent,	185
guardian, or custodian granting it and by the grandparent	186
designated as the attorney in fact. For the power of attorney to	187
be effective, the signatures must be notarized. The child's social	188
security number need not appear on the power of attorney for the	189
power of attorney to be effective.	190

Sec. 3109.55.  (A) A person who creates a power of attorney	191
under section 3109.52 of the Revised Code shall send notice of the	192
creation to the parent of the child who is not the residential	193
parent and legal custodian of the child unless one of the	194
following is the case:	195

(1) The parent is prohibited from receiving a notice of	196
relocation in accordance with section 3109.051 of the Revised	197
Code.	198

(2) The parent's parental rights have been terminated by	199
order of a juvenile court pursuant to Chapter 2151. of the Revised	200
Code.	201

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

202

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

203

(B) The notice shall be sent by certified mail not later than	204
five days after the power of attorney is created. The notice shall	205
state the name and address of the person designated as the	206
attorney in fact.	207

Sec. 3109.56.  When a parent seeks to create a power of	208
attorney pursuant to section 3109.52 of the Revised Code, all of	209
the following apply:	210

(A) The power of attorney shall be executed by both parents	211
if any of the following apply:	212

(1) The parents are married to each other and are living as	213
husband and wife.	214

(2) The child is the subject of a shared parenting order	215
issued pursuant to section 3109.04 of the Revised Code.	216

(3) The child is the subject of a custody order issued	217
pursuant to section 3109.04 of the Revised Code unless one of the	218
following is the case:	219

(a) The parent who is not the residential parent and legal	220
custodian is prohibited from receiving a notice of relocation in	221
accordance with section 3109.051 of the Revised Code.	222

(b) The parental rights of the parent who is not the	223
residential parent and legal custodian have been terminated by	224
order of a juvenile court pursuant to Chapter 2151. of the Revised	225
Code.	226

(c) The parent who is not the residential parent and legal	227
custodian cannot be located with reasonable efforts.	228

(B) In all other cases, the power of attorney may be executed	229
only by one of the following persons:	230

(1) The parent who is the residential parent and legal	231
custodian of the child, as determined by court order or as	232
provided in section 3109.042 of the Revised Code;	233

(2) The parent with whom the child is residing the majority	234
of the school year in cases in which no court has issued an order	235
designating a parent as the residential parent and legal custodian	236
of the child or section 3109.042 of the Revised Code is not	237
applicable.	238

Sec. 3109.57. (A) Except as provided in division (B) of this	239
section and subject to sections 3109.56 and 3109.58 of the Revised	240
Code, a parent, guardian, or custodian may create a power of	241
attorney under section 3109.52 of the Revised Code only under the	242
following circumstances:	243

(1) The parent, guardian, or custodian of the child is any of	244
the following:	245

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

246

(b) Temporarily unable to provide financial support or	247
parental guidance to the child;	248

(c) Temporarily unable to provide adequate care and	249
supervision of the child because of the parent's, guardian's, or	250
custodian's physical or mental condition;	251

(d) Homeless or without a residence because the current	252
residence is destroyed or otherwise uninhabitable;	253

(e) In or about to enter a residential treatment program for	254
substance abuse.	255

(2) The parent, guardian, or custodian of the child has a	256
well-founded belief that the power of attorney is in the child's	257
best interest.	258

(B) In addition to the circumstances described in division	259
(A) of this section and subject to sections 3109.56 and 3109.58 of	260
the Revised Code, a parent may execute a power of attorney if the	261
other parent of the child is deceased.	262

Sec. 3109.58. (A) As used in this section, "temporary	263
custody," "permanent custody," and "planned permanent living	264
arrangement" have the same meanings as in section 2151.011 of the	265
Revised Code.	266

(B) A power of attorney created pursuant to section 3109.52	267
of the Revised Code may not be executed with respect to a child	268
while any of the following proceedings are pending regarding the	269
child:	270

(1) A proceeding for the appointment of a guardian for, or	271
the adoption of, the child;	272

(2) A juvenile proceeding in which one of the following	273
applies:	274

(a) The temporary, permanent, or legal custody of the child	275
or the placement of the child in a planned permanent living	276
arrangement has been requested.	277

(b) The child is the subject of an ex parte emergency custody	278
order issued under division (D) of section 2151.31 of the Revised	279
Code, and no hearing has yet been held regarding the child under	280
division (A) of section 2151.314 of the Revised Code.	281

(c) The child is the subject of a temporary custody order	282
issued under section 2151.33 of the Revised Code.	283

(3) A proceeding for divorce, dissolution, legal separation,	284
annulment, or allocation of parental rights and responsibilities	285
regarding the child.	286

Sec. 3109.59. (A) A power of attorney created under section	287
3109.52 of the Revised Code terminates on the occurrence of	288
whichever of the following events occurs first:	289

(1) One year elapses following the date the power of attorney	290
is notarized.	291

(2) The power of attorney is revoked in writing by the person	292
who created it.	293

(3) The child ceases to reside with the grandparent	294
designated the attorney in fact.	295

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

296

(5) The death of the child who is the subject of the power of	297
attorney.	298

(6) The death of the grandparent designated as the attorney	299
in fact.	300

(B) Not later than five days after a power of attorney is	301
terminated pursuant to division (A)(2) of this section, a copy of	302
the revocation of an initial power of attorney or a second or	303
subsequent power of attorney must be filed with the court with	304
which the power of attorney is filed pursuant to section 3109.76	305
of the Revised Code.	306

Sec. 3109.60.  When a power of attorney created pursuant to	307
section 3109.52 of the Revised Code terminates pursuant to	308
division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of section	309
3109.59 of the Revised Code, the grandparent designated as the	310
attorney in fact shall notify, in writing, all of the following:	311

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

312

(B) The child's health care providers;

313

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

314

(D) The court in which the power of attorney was filed under	315
section 3109.74 of the Revised Code;	316

(E) The parent who is not the residential parent and legal	317
custodian and who is required to be given notice under section	318
3109.55 of the Revised Code;	319

(F) Any other person or entity that has an ongoing	320
relationship with the child or grandparent such that the person or	321
entity would reasonably rely on the power of attorney unless	322
notified of the termination.	323

The grandparent shall make the notifications not later than	324
one week after the date the power of attorney terminates.	325

Sec. 3109.61.  A person who, in good faith, relies on or	326
takes action in reliance on a power of attorney created under	327
section 3109.52 of the Revised Code is immune from any criminal or	328
civil liability for injury, death, or loss to persons or property	329
that might otherwise be incurred or imposed solely as a result of	330
the person's reliance or action. The person is not subject to any	331
disciplinary action from an entity that licenses or certifies the	332
person.	333

Any medical, psychological, or dental treatment provided to a	334
child in reliance on a power of attorney created under section	335
3109.52 of the Revised Code shall be considered to have been	336
provided in good faith if the person providing the treatment had	337
no actual knowledge of opposition by the parent, guardian, or	338
custodian.	339

This section does not provide immunity from civil or criminal	340
liability to any person for actions that are wanton, reckless, or	341
inconsistent with the ordinary standard of care required to be	342
exercised by anyone acting in the same capacity as the person.	343

Sec. 3109.62. A military power of attorney executed pursuant	344
to section 574(a) of the "National Defense Authorization Act for	345
Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, that	346
grants a person's rights and responsibilities regarding the care,	347
custody, and control of the person's child, including the ability	348
to enroll the child in school, to obtain from the school district	349
educational and behavioral information about the child, to consent	350
to all school-related matters regarding the child, and to consent	351
to medical, psychological, or dental treatment for the child shall	352
be considered a power of attorney created pursuant to sections	353
3109.51 to 3109.61 of the Revised Code, as long as the military	354
power of attorney, according to its terms, remains in effect.	355

Sec. 3109.65.  (A) Except as provided in division (B) of this	356
section, if a child is living with a grandparent who has made	357
reasonable attempts to locate and contact both of the child's	358
parents, or the child's guardian or custodian, but has been unable	359
to do so, the grandparent may obtain authority to exercise care,	360
physical custody, and control of the child including authority to	361
enroll the child in school, to discuss with the school district	362
the child's educational progress, to consent to all school-related	363
matters regarding the child, and to consent to medical,	364
psychological, or dental treatment for the child by executing a	365
caretaker authorization affidavit in accordance with section	366
3109.67 of the Revised Code.	367

(B) The grandparent may execute a caretaker authorization	368
affidavit without attempting to locate the following parent:	369

(1) If paternity has not been established with regard to the	370
child, the child's father.	371

(2) If the child is the subject of a custody order, the	372
following parent:	373

(a) A parent who is prohibited from receiving a notice of	374
relocation in accordance with section 3109.051 of the Revised	375
Code;	376

(b) A parent whose parental rights have been terminated by	377
order of a juvenile court pursuant to Chapter 2151. of the Revised	378
Code.	379

Sec. 3109.66.  The caretaker authorization affidavit that a	380
grandparent described in section 3109.65 of the Revised Code may	381
execute shall be identical in form and content to the following:	382

CARETAKER AUTHORIZATION AFFIDAVIT

383

Use of this affidavit is authorized by sections 3109.65 to 3109.73	384
of the Ohio Revised Code.	385

Completion of items 1-7 and the signing and notarization of this	386
affidavit is sufficient to authorize the grandparent signing to	387
exercise care, physical custody, and control of the child who is	388
its subject, including authority to enroll the child in school, to	389
discuss with the school district the child's educational progress,	390
to consent to all school-related matters regarding the child, and	391
to consent to medical, psychological, or dental treatment for the	392
child.	393

The child named below lives in my home, I am 18 years of age or	394
older, and I am the child's grandparent.	395

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	411
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	412
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF	413
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6	414
MONTHS, A FINE OF UP TO $1,000, OR BOTH.	415

I declare that the foregoing is true and correct:

416

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

417

Grandparent

418

State of Ohio             )

419

) ss:

420

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

421

Subscribed, sworn to, and acknowledged before me this ...... day	422
of ........., .............	423

Notices:

426

Additional information:

440

To caretakers:

441

To school officials:

450

To health care providers:

455

Sec. 3109.67. A caretaker authorization affidavit described	459
in section 3109.66 of the Revised Code is executed when the	460
affidavit is completed, signed by a grandparent described in	461
section 3109.65 of the Revised Code, and notarized.	462

Sec. 3109.68. (A) As used in this section, "temporary	463
custody," "permanent custody," and "planned permanent living	464
arrangement" have the same meanings as in section 2151.011 of the	465
Revised Code.	466

(B) A caretaker authorization affidavit may not be executed	467
with respect to a child while any of the following proceedings are	468
pending regarding the child:	469

(1) A proceeding for the appointment of a guardian for, or	470
the adoption of, the child;	471

(2) A juvenile proceeding in which one of the following	472
applies:	473

(a) The temporary, permanent, or legal custody of the child	474
or the placement of the child in a planned permanent living	475
arrangement has been requested.	476

(b) The child is the subject of an ex parte emergency custody	477
order issued under division (D) of section 2151.31 of the Revised	478
Code, and no hearing has yet been held regarding the child under	479
division (A) of section 2151.314 of the Revised Code.	480

(c) The child is the subject of a temporary custody order	481
issued under section 2151.33 of the Revised Code.	482

(3) A proceeding for divorce, dissolution, legal separation,	483
annulment, or allocation of parental rights and responsibilities	484
regarding the child.	485

Sec. 3109.69.  Once a caretaker authorization affidavit has	486
been executed under section 3109.67 of the Revised Code, the	487
grandparent may exercise care, physical custody, and control of	488
the child, including enrolling the child in school, discussing	489
with the school district the child's educational progress,	490
consenting to all school-related matters regarding the child, and	491
consenting to medical, psychological, or dental treatment for the	492
child. The affidavit does not affect the rights and	493
responsibilities of the parent, guardian, or custodian regarding	494
the child, does not grant legal custody to the grandparent, and	495
does not grant authority to the grandparent to consent to the	496
marriage or adoption of the child.	497

Sec. 3109.70.  An executed caretaker authorization affidavit	498
shall terminate on the occurrence of whichever of the following	499
comes first:	500

(A) One year elapses following the date the affidavit is	501
notarized.	502

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

503

(C) The parent, guardian, or custodian of the child who is	504
the subject of the affidavit acts, in accordance with section	505
3109.72 of the Revised Code, to negate, reverse, or otherwise	506
disapprove an action or decision of the grandparent who signed the	507
affidavit with respect to the child.	508

(D) The affidavit is terminated by court order.

509

(E) The death of the child who is the subject of the	510
affidavit.	511

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

512

Sec. 3109.71.  When a caretaker authorization affidavit	513
terminates pursuant to division (A), (B), (C), (D), or (E) of	514
section 3109.70 of the Revised Code, the grandparent shall notify,	515
in writing, the school district in which the child attends school,	516
the child's health care providers, the child's health insurance	517
coverage provider, the court in which the affidavit was filed	518
under section 3109.74 of the Revised Code, and any other person or	519
entity that has an ongoing relationship with the child or	520
grandparent such that the person or entity would reasonably rely	521
on the affidavit unless notified of the termination. The	522
grandparent shall make the notifications not later than one week	523
after the date the affidavit terminates.	524

Sec. 3109.72.  The parent, guardian, or custodian of a child	525
may negate, reverse, or otherwise disapprove any action taken or	526
decision made pursuant to a caretaker authorization affidavit	527
unless negation, reversal, or disapproval would jeopardize the	528
life, health, or safety of the child. A parent, guardian, or	529
custodian may negate, reverse, or disapprove a caretaker's action	530
or decision only by delivering written notice of negation,	531
reversal, or disapproval to the caretaker and the person	532
responding to the caretaker's action or decision in reliance on	533
the affidavit. The act to negate, reverse, or disapprove the	534
action or decision, regardless of whether it is effective,	535
terminates the affidavit.	536

Sec. 3109.73.  A person who, in good faith, relies on or	537
takes action in reliance on a caretaker authorization affidavit is	538
immune from any criminal or civil liability for injury, death, or	539
loss to persons or property that might otherwise be incurred or	540
imposed solely as a result of the reliance or action. The person	541
is not subject to any disciplinary action from an entity that	542
licenses or certifies the person. Any medical, psychological, or	543
dental treatment provided to a child in reliance on an affidavit	544
with respect to the child shall be considered to have been	545
provided in good faith if the the person providing the treatment	546
had no actual knowledge of opposition by the parent, guardian, or	547
custodian.	548

This section does not provide immunity from civil or criminal	549
liability to any person for actions that are wanton, reckless, or	550
inconsistent with the ordinary standard of care required to be	551
exercised by anyone acting in the same capacity as the person.	552

Sec. 3109.74. (A) A person who creates a power of attorney	553
under section 3109.52 of the Revised Code or executes a caretaker	554
authorization affidavit under section 3109.67 of the Revised Code	555
shall file the power of attorney or affidavit with the juvenile	556
court of the county in which the grandparent designated as	557
attorney in fact or grandparent who executed the affidavit resides	558
or any other court that has jurisdiction over the child under a	559
previously filed motion or proceeding. The power of attorney or	560
affidavit shall be filed not later than five days after the date	561
it is created or executed and may be sent to the court by	562
certified mail.	563

(B) A power of attorney filed under this section shall be	564
accompanied by a receipt showing that the notice of creation of	565
the power of attorney was sent to the parent who is not the	566
residential parent and legal custodian by certified mail under	567
section 3109.55 of the Revised Code.	568

(C)(1) The grandparent designated as attorney in fact or the	569
grandparent who executed the affidavit shall include with the	570
power of attorney or the caretaker authorization affidavit the	571
information described in section 3109.27 of the Revised Code.	572

(2) If the grandparent provides information that the	573
grandparent previously has been convicted of or pleaded guilty to	574
any criminal offense involving any act that resulted in a child	575
being an abused child or a neglected child or previously has been	576
determined, in a case in which a child has been adjudicated an	577
abused child or a neglected child, to be the perpetrator of the	578
abusive or neglectful act that was the basis of the adjudication,	579
the court may report that information to the public children	580
services agency pursuant to section 2151.421 of the Revised Code.	581
Upon the receipt of that information, the public children services	582
agency shall initiate an investigation pursuant to section	583
2151.421 of the Revised Code.	584

(3) If the court has reason to believe that a power of	585
attorney or caretaker authorization affidavit is not in the best	586
interest of the child, the court may report that information to	587
the public children services agency pursuant to section 2151.421	588
of the Revised Code. Upon receipt of that information, the public	589
children services agency shall initiate an investigation pursuant	590
to section 2151.421 of the Revised Code. The public children	591
services agency shall submit a report of its investigation to the	592
court not later than thirty days after the court reports the	593
information to the public children services agency or not later	594
than forty-five days after the court reports the information to	595
the public children services agency when information that is	596
needed to determine the case disposition cannot be compiled within	597
thirty days and the reasons are documented in the case record.	598

(D) The court shall waive any filing fee imposed for the	599
filing of the power of attorney or caretaker authorization	600
affidavit.	601

Sec.  3109.75.  On the request of the person in charge of	602
admissions of a school or a person described under division	603
(A)(1)(b) of section 2151.421 of the Revised Code, the court in	604
which the power of attorney or caretaker authorization affidavit	605
was filed shall verify whether a power of attorney or caretaker	606
authorization affidavit has been filed under section 3109.74 of	607
the Revised Code with respect to a child.	608

Sec. 3109.76.  If a second or subsequent power of attorney is	609
created under section 3109.52 of the Revised Code regarding a	610
child who is the subject of a prior power of attorney or a second	611
or subsequent caretaker authorization affidavit is executed under	612
section 3109.67 of the Revised Code regarding a child who is the	613
subject of a prior affidavit, the person who creates the power of	614
attorney or executes the affidavit must file it with the juvenile	615
court of the county in which the grandparent designated as	616
attorney in fact or the grandparent who executed the affidavit	617
resides or with any other court that has jurisdiction over the	618
child under a previously filed motion or proceeding.	619

Sec.  3109.77. (A) On the filing of a power of attorney or	620
caretaker authorization affidavit under section 3109.76 of the	621
Revised Code, the court in which the power of attorney or	622
caretaker authorization affidavit was filed shall schedule a	623
hearing to determine whether the power of attorney or affidavit is	624
in the child's best interest. The court shall provide notice of	625
the date, time, and location of the hearing to the parties and to	626
the parent who is not the residential parent and legal custodian	627
unless one of the following circumstances applies:	628

(1) In accordance with section 3109.051 of the Revised Code,	629
that parent is not to be given a notice of relocation.	630

(2) The parent's parental rights have been terminated by	631
order of a juvenile court pursuant to Chapter 2151. of the Revised	632
Code.	633

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

634

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

635

(B) The hearing shall be held not later than ten days after	636
the date the power of attorney or affidavit was filed with the	637
court. At the hearing, the parties and the parent who is not the	638
residential parent and legal custodian may present evidence and be	639
represented by counsel.	640

(C) At the conclusion of the hearing, the court may take any	641
of the following actions that the court determines is in the	642
child's best interest:	643

(1) Approve the power of attorney or affidavit. If approved,	644
the power of attorney or affidavit shall remain in effect unless	645
otherwise terminated under section 3109.59 of the Revised Code	646
with respect to a power of attorney or section 3109.70 of the	647
Revised Code with respect to an affidavit.	648

(2) Issue an order terminating the power of attorney or	649
affidavit and ordering the child returned to the child's parent,	650
guardian, or custodian. If the parent, guardian, or custodian of	651
the child cannot be located, the court shall treat the filing of	652
the power of attorney or affidavit with the court as a complaint	653
under section 2151.27 of the Revised Code that the child is a	654
dependent child.	655

(3) Treat the filing of the power of attorney or affidavit as	656
a petition for legal custody and award legal custody of the child	657
to the grandparent designated as the attorney in fact under the	658
power of attorney or to the grandparent who executed the	659
affidavit.	660

(D) The court shall conduct a de novo review of any order	661
issued under division (C) of this section if all of the following	662
apply regarding the parent who is not the residential parent and	663
legal custodian:	664

(1) The parent did not appear at the hearing from which the	665
order was issued.	666

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

667

(3) The parent filed a motion with the court not later than	668
fourteen days after receiving notice of the hearing pursuant to	669
division (A) of this section.	670

Sec. 3109.78. (A) No person shall create a power of attorney	671
under section 3109.52 of the Revised Code or execute a caretaker	672
authorization affidavit under section 3109.67 of the Revised Code	673
for the purpose of enrolling the child in a school or school	674
district so that the child may participate in the academic or	675
interscholastic athletic programs provided by the school or school	676
district.	677

(B) A person who violates division (A) of this section is in	678
violation of section 2921.13 of the Revised Code and is guilty of	679
falsification, a misdemeanor of the first degree.	680

(C) A power of attorney created, or an affidavit executed, in	681
violation of this section is void as of the date of its creation	682
or execution.	683

Sec. 3109.79.  As used in this section, "administrative child	684
support order" and "court child support order" have the same	685
meanings as in section 3119.01 of the Revised Code.	686

A power of attorney created under section 3109.52 of the	687
Revised Code or a caretaker authorization affidavit executed under	688
section 3109.67 of the Revised Code shall not affect the	689
enforcement of an administrative child support order or court	690
child support order, unless a child support enforcement agency,	691
with respect to an administrative child support order, or a court,	692
with respect to either order, issues an order providing otherwise.	693

Sec.  3109.80.  Only one power of attorney created under	694
section 3109.52 of the Revised Code or one caretaker authorization	695
executed under section 3109.67 of the Revised Code may be in	696
effect for a child at one time.	697

Sec. 3313.64.  (A) As used in this section and in section	698
3313.65 of the Revised Code:	699

(1) "Parent"(a) Except as provided in division (A)(1)(b) of	700
this section, "parent" means either parent, unless the parents are	701
separated or divorced or their marriage has been dissolved or	702
annulled, in which case "parent" means the parent who is the	703
residential parent and legal custodian of the child. When a child	704
is in the legal custody of a government agency or a person other	705
than the child's natural or adoptive parent, "parent" means the	706
parent with residual parental rights, privileges, and	707
responsibilities. When a child is in the permanent custody of a	708
government agency or a person other than the child's natural or	709
adoptive parent, "parent" means the parent who was divested of	710
parental rights and responsibilities for the care of the child and	711
the right to have the child live with the parent and be the legal	712
custodian of the child and all residual parental rights,	713
privileges, and responsibilities.	714

(b) When a child is the subject of a power of attorney	715
executed under sections 3109.51 to 3109.62 of the Revised Code,	716
"parent" means the grandparent designated as attorney in fact	717
under the power of attorney. When a child is the subject of a	718
caretaker authorization affidavit executed under sections 3109.64	719
to 3109.73 of the Revised Code, "parent" means the grandparent	720
that executed the affidavit.	721

(2) "Legal custody," "permanent custody," and "residual	722
parental rights, privileges, and responsibilities" have the same	723
meanings as in section 2151.011 of the Revised Code.	724

(3) "School district" or "district" means a city, local, or	725
exempted village school district and excludes any school operated	726
in an institution maintained by the department of youth services.	727

(4) Except as used in division (C)(2) of this section, "home"	728
means a home, institution, foster home, group home, or other	729
residential facility in this state that receives and cares for	730
children, to which any of the following applies:	731

(a) The home is licensed, certified, or approved for such	732
purpose by the state or is maintained by the department of youth	733
services.	734

(b) The home is operated by a person who is licensed,	735
certified, or approved by the state to operate the home for such	736
purpose.	737

(c) The home accepted the child through a placement by a	738
person licensed, certified, or approved to place a child in such a	739
home by the state.	740

(d) The home is a children's home created under section	741
5153.21 or 5153.36 of the Revised Code.	742

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

743

(a) A public children services agency;

744

(b) An organization that holds a certificate issued by the	745
Ohio department of job and family services in accordance with the	746
requirements of section 5103.03 of the Revised Code and assumes	747
temporary or permanent custody of children through commitment,	748
agreement, or surrender, and places children in family homes for	749
the purpose of adoption;	750

(c) Comparable agencies of other states or countries that	751
have complied with applicable requirements of section 2151.39, or	752
sections 5103.20 to 5103.28 of the Revised Code.	753

(6) A child is placed for adoption if either of the following	754
occurs:	755

(a) An agency to which the child has been permanently	756
committed or surrendered enters into an agreement with a person	757
pursuant to section 5103.16 of the Revised Code for the care and	758
adoption of the child.	759

(b) The child's natural parent places the child pursuant to	760
section 5103.16 of the Revised Code with a person who will care	761
for and adopt the child.	762

(7) "Handicapped preschool child" means a handicapped child,	763
as defined by division (A) of section 3323.01 of the Revised Code,	764
who is at least three years of age but is not of compulsory school	765
age, as defined in section 3321.01 of the Revised Code, and who is	766
not currently enrolled in kindergarten.	767

(8) "Child," unless otherwise indicated, includes handicapped	768
preschool children.	769

(B) Except as otherwise provided in section 3321.01 of the	770
Revised Code for admittance to kindergarten and first grade, a	771
child who is at least five but under twenty-two years of age and	772
any handicapped preschool child shall be admitted to school as	773
provided in this division.	774

(1) A child shall be admitted to the schools of the school	775
district in which the child's parent resides.	776

(2) A child who does not reside in the district where the	777
child's parent resides shall be admitted to the schools of the	778
district in which the child resides if any of the following	779
applies:	780

(a) The child is in the legal or permanent custody of a	781
government agency or a person other than the child's natural or	782
adoptive parent.	783

(b) The child resides in a home.

784

(c) The child requires special education.

785

(3) A child who is not entitled under division (B)(2) of this	786
section to be admitted to the schools of the district where the	787
child resides and who is residing with a resident of this state	788
with whom the child has been placed for adoption shall be admitted	789
to the schools of the district where the child resides unless	790
either of the following applies:	791

(a) The placement for adoption has been terminated.

792

(b) Another school district is required to admit the child	793
under division (B)(1) of this section.	794

Division (B) of this section does not prohibit the board of	795
education of a school district from placing a handicapped child	796
who resides in the district in a special education program outside	797
of the district or its schools in compliance with Chapter 3323. of	798
the Revised Code.	799

(C) A district shall not charge tuition for children admitted	800
under division (B)(1) or (3) of this section. If the district	801
admits a child under division (B)(2) of this section, tuition	802
shall be paid to the district that admits the child as follows:	803

(1) If the child receives special education in accordance	804
with Chapter 3323. of the Revised Code, tuition shall be paid in	805
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	806
the Revised Code regardless of who has custody of the child or	807
whether the child resides in a home.	808

(2) Except as otherwise provided in division (C)(2)(d) of	809
this section, if the child is in the permanent or legal custody of	810
a government agency or person other than the child's parent,	811
tuition shall be paid by:	812

(a) The district in which the child's parent resided at the	813
time the court removed the child from home or at the time the	814
court vested legal or permanent custody of the child in the person	815
or government agency, whichever occurred first;	816

(b) If the parent's residence at the time the court removed	817
the child from home or placed the child in the legal or permanent	818
custody of the person or government agency is unknown, tuition	819
shall be paid by the district in which the child resided at the	820
time the child was removed from home or placed in legal or	821
permanent custody, whichever occurred first;	822

(c) If a school district cannot be established under division	823
(C)(2)(a) or (b) of this section, tuition shall be paid by the	824
district determined as required by section 2151.357 of the Revised	825
Code by the court at the time it vests custody of the child in the	826
person or government agency;	827

(d) If at the time the court removed the child from home or	828
vested legal or permanent custody of the child in the person or	829
government agency, whichever occurred first, one parent was in a	830
residential or correctional facility or a juvenile residential	831
placement and the other parent, if living and not in such a	832
facility or placement, was not known to reside in this state,	833
tuition shall be paid by the district determined under division	834
(D) of section 3313.65 of the Revised Code as the district	835
required to pay any tuition while the parent was in such facility	836
or placement.	837

(3) If the child is not in the permanent or legal custody of	838
a government agency or person other than the child's parent and	839
the child resides in a home, tuition shall be paid by one of the	840
following:	841

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

842

(b) If the child's parent is not a resident of this state,	843
the home in which the child resides.	844

(D) Tuition required to be paid under divisions (C)(2) and	845
(3)(a) of this section shall be computed in accordance with	846
section 3317.08 of the Revised Code. Tuition required to be paid	847
under division (C)(3)(b) of this section shall be computed in	848
accordance with section 3317.081 of the Revised Code. If a home	849
fails to pay the tuition required by division (C)(3)(b) of this	850
section, the board of education providing the education may	851
recover in a civil action the tuition and the expenses incurred in	852
prosecuting the action, including court costs and reasonable	853
attorney's fees. If the prosecuting attorney or city director of	854
law represents the board in such action, costs and reasonable	855
attorney's fees awarded by the court, based upon the prosecuting	856
attorney's, director's, or one of their designee's time spent	857
preparing and presenting the case, shall be deposited in the	858
county or city general fund.	859

(E) A board of education may enroll a child free of any	860
tuition obligation for a period not to exceed sixty days, on the	861
sworn statement of an adult resident of the district that the	862
resident has initiated legal proceedings for custody of the child.	863

(F) In the case of any individual entitled to attend school	864
under this division, no tuition shall be charged by the school	865
district of attendance and no other school district shall be	866
required to pay tuition for the individual's attendance.	867
Notwithstanding division (B), (C), or (E) of this section:	868

(1) All persons at least eighteen but under twenty-two years	869
of age who live apart from their parents, support themselves by	870
their own labor, and have not successfully completed the high	871
school curriculum or the individualized education program	872
developed for the person by the high school pursuant to section	873
3323.08 of the Revised Code, are entitled to attend school in the	874
district in which they reside.	875

(2) Any child under eighteen years of age who is married is	876
entitled to attend school in the child's district of residence.	877

(3) A child is entitled to attend school in the district in	878
which either of the child's parents is employed if the child has a	879
medical condition that may require emergency medical attention.	880
The parent of a child entitled to attend school under division	881
(F)(3) of this section shall submit to the board of education of	882
the district in which the parent is employed a statement from the	883
child's physician certifying that the child's medical condition	884
may require emergency medical attention. The statement shall be	885
supported by such other evidence as the board may require.	886

(4) Any child residing with a person other than the child's	887
parent is entitled, for a period not to exceed twelve months, to	888
attend school in the district in which that person resides if the	889
child's parent files an affidavit with the superintendent of the	890
district in which the person with whom the child is living resides	891
stating all of the following:	892

(a) That the parent is serving outside of the state in the	893
armed services of the United States;	894

(b) That the parent intends to reside in the district upon	895
returning to this state;	896

(c) The name and address of the person with whom the child is	897
living while the parent is outside the state.	898

(5) Any child under the age of twenty-two years who, after	899
the death of a parent, resides in a school district other than the	900
district in which the child attended school at the time of the	901
parent's death is entitled to continue to attend school in the	902
district in which the child attended school at the time of the	903
parent's death for the remainder of the school year, subject to	904
approval of that district board.	905

(6) A child under the age of twenty-two years who resides	906
with a parent who is having a new house built in a school district	907
outside the district where the parent is residing is entitled to	908
attend school for a period of time in the district where the new	909
house is being built. In order to be entitled to such attendance,	910
the parent shall provide the district superintendent with the	911
following:	912

(a) A sworn statement explaining the situation, revealing the	913
location of the house being built, and stating the parent's	914
intention to reside there upon its completion;	915

(b) A statement from the builder confirming that a new house	916
is being built for the parent and that the house is at the	917
location indicated in the parent's statement.	918

(7) A child under the age of twenty-two years residing with a	919
parent who has a contract to purchase a house in a school district	920
outside the district where the parent is residing and who is	921
waiting upon the date of closing of the mortgage loan for the	922
purchase of such house is entitled to attend school for a period	923
of time in the district where the house is being purchased. In	924
order to be entitled to such attendance, the parent shall provide	925
the district superintendent with the following:	926

(a) A sworn statement explaining the situation, revealing the	927
location of the house being purchased, and stating the parent's	928
intent to reside there;	929

(b) A statement from a real estate broker or bank officer	930
confirming that the parent has a contract to purchase the house,	931
that the parent is waiting upon the date of closing of the	932
mortgage loan, and that the house is at the location indicated in	933
the parent's statement.	934

The district superintendent shall establish a period of time	935
not to exceed ninety days during which the child entitled to	936
attend school under division (F)(6) or (7) of this section may	937
attend without tuition obligation. A student attending a school	938
under division (F)(6) or (7) of this section shall be eligible to	939
participate in interscholastic athletics under the auspices of	940
that school, provided the board of education of the school	941
district where the student's parent resides, by a formal action,	942
releases the student to participate in interscholastic athletics	943
at the school where the student is attending, and provided the	944
student receives any authorization required by a public agency or	945
private organization of which the school district is a member	946
exercising authority over interscholastic sports.	947

(8) A child whose parent is a full-time employee of a city,	948
local, or exempted village school district, or of an educational	949
service center, may be admitted to the schools of the district	950
where the child's parent is employed, or in the case of a child	951
whose parent is employed by an educational service center, in the	952
district that serves the location where the parent's job is	953
primarily located, provided the district board of education	954
establishes such an admission policy by resolution adopted by a	955
majority of its members. Any such policy shall take effect on the	956
first day of the school year and the effective date of any	957
amendment or repeal may not be prior to the first day of the	958
subsequent school year. The policy shall be uniformly applied to	959
all such children and shall provide for the admission of any such	960
child upon request of the parent. No child may be admitted under	961
this policy after the first day of classes of any school year.	962

(9) A child who is with the child's parent under the care of	963
a shelter for victims of domestic violence, as defined in section	964
3113.33 of the Revised Code, is entitled to attend school free in	965
the district in which the child is with the child's parent, and no	966
other school district shall be required to pay tuition for the	967
child's attendance in that school district.	968

The enrollment of a child in a school district under this	969
division shall not be denied due to a delay in the school	970
district's receipt of any records required under section 3313.672	971
of the Revised Code or any other records required for enrollment.	972
Any days of attendance and any credits earned by a child while	973
enrolled in a school district under this division shall be	974
transferred to and accepted by any school district in which the	975
child subsequently enrolls. The state board of education shall	976
adopt rules to ensure compliance with this division.	977

(10) Any child under the age of twenty-two years whose parent	978
has moved out of the school district after the commencement of	979
classes in the child's senior year of high school is entitled,	980
subject to the approval of that district board, to attend school	981
in the district in which the child attended school at the time of	982
the parental move for the remainder of the school year and for one	983
additional semester or equivalent term. A district board may also	984
adopt a policy specifying extenuating circumstances under which a	985
student may continue to attend school under division (F)(10) of	986
this section for an additional period of time in order to	987
successfully complete the high school curriculum for the	988
individualized education program developed for the student by the	989
high school pursuant to section 3323.08 of the Revised Code.	990

(11) As used in this division, "grandparent" means a parent	991
of a parent of a child. A child under the age of twenty-two years	992
who is in the custody of the child's parent, resides with a	993
grandparent, and does not require special education is entitled to	994
attend the schools of the district in which the child's	995
grandparent resides, provided that, prior to such attendance in	996
any school year, the board of education of the school district in	997
which the child's grandparent resides and the board of education	998
of the school district in which the child's parent resides enter	999
into a written agreement specifying that good cause exists for	1000
such attendance, describing the nature of this good cause, and	1001
consenting to such attendance.	1002

In lieu of a consent form signed by a parent, a board of	1003
education may request the grandparent of a child attending school	1004
in the district in which the grandparent resides pursuant to	1005
division (F)(11) of this section to complete any consent form	1006
required by the district, including any authorization required by	1007
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	1008
Upon request, the grandparent shall complete any consent form	1009
required by the district. A school district shall not incur any	1010
liability solely because of its receipt of a consent form from a	1011
grandparent in lieu of a parent.	1012

Division (F)(11) of this section does not create, and shall	1013
not be construed as creating, a new cause of action or substantive	1014
legal right against a school district, a member of a board of	1015
education, or an employee of a school district. This section does	1016
not affect, and shall not be construed as affecting, any	1017
immunities from defenses to tort liability created or recognized	1018
by Chapter 2744. of the Revised Code for a school district,	1019
member, or employee.	1020

(12) A child under the age of twenty-two years is entitled to	1021
attend school in a school district other than the district in	1022
which the child is entitled to attend school under division (B),	1023
(C), or (E) of this section provided that, prior to such	1024
attendance in any school year, both of the following occur:	1025

(a) The superintendent of the district in which the child is	1026
entitled to attend school under division (B), (C), or (E) of this	1027
section contacts the superintendent of another district for	1028
purposes of this division;	1029

(b) The superintendents of both districts enter into a	1030
written agreement that consents to the attendance and specifies	1031
that the purpose of such attendance is to protect the student's	1032
physical or mental well-being or to deal with other extenuating	1033
circumstances deemed appropriate by the superintendents.	1034

While an agreement is in effect under this division for a	1035
student who is not receiving special education under Chapter 3323.	1036
of the Revised Code and notwithstanding Chapter 3327. of the	1037
Revised Code, the board of education of neither school district	1038
involved in the agreement is required to provide transportation	1039
for the student to and from the school where the student attends.	1040

A student attending a school of a district pursuant to this	1041
division shall be allowed to participate in all student	1042
activities, including interscholastic athletics, at the school	1043
where the student is attending on the same basis as any student	1044
who has always attended the schools of that district while of	1045
compulsory school age.	1046

(13) All school districts shall comply with the	1047
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	1048
seq., for the education of homeless children. Each city, local,	1049
and exempted village school district shall comply with the	1050
requirements of that act governing the provision of a free,	1051
appropriate public education, including public preschool, to each	1052
homeless child.	1053

When a child loses permanent housing and becomes a homeless	1054
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	1055
such a homeless person changes temporary living arrangements, the	1056
child's parent or guardian shall have the option of enrolling the	1057
child in either of the following:	1058

(a) The child's school of origin, as defined in 42 U.S.C.A.	1059
11432(g)(3)(C);	1060

(b) The school that is operated by the school district in	1061
which the shelter where the child currently resides is located and	1062
that serves the geographic area in which the shelter is located.	1063

(G) A board of education, after approving admission, may	1064
waive tuition for students who will temporarily reside in the	1065
district and who are either of the following:	1066

(1) Residents or domiciliaries of a foreign nation who	1067
request admission as foreign exchange students;	1068

(2) Residents or domiciliaries of the United States but not	1069
of Ohio who request admission as participants in an exchange	1070
program operated by a student exchange organization.	1071

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1072
3327.04, and 3327.06 of the Revised Code, a child may attend	1073
school or participate in a special education program in a school	1074
district other than in the district where the child is entitled to	1075
attend school under division (B) of this section.	1076

(I)(1) Notwithstanding anything to the contrary in this	1077
section or section 3313.65 of the Revised Code, a child under	1078
twenty-two years of age may attend school in the school district	1079
in which the child, at the end of the first full week of October	1080
of the school year, was entitled to attend school as otherwise	1081
provided under this section or section 3313.65 of the Revised	1082
Code, if at that time the child was enrolled in the schools of the	1083
district but since that time the child or the child's parent has	1084
relocated to a new address located outside of that school district	1085
and within the same county as the child's or parent's address	1086
immediately prior to the relocation. The child may continue to	1087
attend school in the district, and at the school to which the	1088
child was assigned at the end of the first full week of October of	1089
the current school year, for the balance of the school year.	1090
Division (I)(1) of this section applies only if both of the	1091
following conditions are satisfied:	1092

(a) The board of education of the school district in which	1093
the child was entitled to attend school at the end of the first	1094
full week in October and of the district to which the child or	1095
child's parent has relocated each has adopted a policy to enroll	1096
children described in division (I)(1) of this section.	1097

(b) The child's parent provides written notification of the	1098
relocation outside of the school district to the superintendent of	1099
each of the two school districts.	1100

(2) At the beginning of the school year following the school	1101
year in which the child or the child's parent relocated outside of	1102
the school district as described in division (I)(1) of this	1103
section, the child is not entitled to attend school in the school	1104
district under that division.	1105

(3) Any person or entity owing tuition to the school district	1106
on behalf of the child at the end of the first full week in	1107
October, as provided in division (C) of this section, shall	1108
continue to owe such tuition to the district for the child's	1109
attendance under division (I)(1) of this section for the lesser of	1110
the balance of the school year or the balance of the time that the	1111
child attends school in the district under division (I)(1) of this	1112
section.	1113

(4) A pupil who may attend school in the district under	1114
division (I)(1) of this section shall be entitled to	1115
transportation services pursuant to an agreement between the	1116
district and the district in which the child or child's parent has	1117
relocated unless the districts have not entered into such	1118
agreement, in which case the child shall be entitled to	1119
transportation services in the same manner as a pupil attending	1120
school in the district under interdistrict open enrollment as	1121
described in division (H) of section 3313.981 of the Revised Code,	1122
regardless of whether the district has adopted an open enrollment	1123
policy as described in division (B)(1)(b) or (c) of section	1124
3313.98 of the Revised Code.	1125

(J) This division does not apply to a child receiving special	1126
education.	1127

A school district required to pay tuition pursuant to	1128
division (C)(2) or (3) of this section or section 3313.65 of the	1129
Revised Code shall have an amount deducted under division (F) of	1130
section 3317.023 of the Revised Code equal to its own tuition rate	1131
for the same period of attendance. A school district entitled to	1132
receive tuition pursuant to division (C)(2) or (3) of this section	1133
or section 3313.65 of the Revised Code shall have an amount	1134
credited under division (F) of section 3317.023 of the Revised	1135
Code equal to its own tuition rate for the same period of	1136
attendance. If the tuition rate credited to the district of	1137
attendance exceeds the rate deducted from the district required to	1138
pay tuition, the department of education shall pay the district of	1139
attendance the difference from amounts deducted from all	1140
districts' payments under division (F) of section 3317.023 of the	1141
Revised Code but not credited to other school districts under such	1142
division and from appropriations made for such purpose. The	1143
treasurer of each school district shall, by the fifteenth day of	1144
January and July, furnish the superintendent of public instruction	1145
a report of the names of each child who attended the district's	1146
schools under divisions (C)(2) and (3) of this section or section	1147
3313.65 of the Revised Code during the preceding six calendar	1148
months, the duration of the attendance of those children, the	1149
school district responsible for tuition on behalf of the child,	1150
and any other information that the superintendent requires.	1151

Upon receipt of the report the superintendent, pursuant to	1152
division (F) of section 3317.023 of the Revised Code, shall deduct	1153
each district's tuition obligations under divisions (C)(2) and (3)	1154
of this section or section 3313.65 of the Revised Code and pay to	1155
the district of attendance that amount plus any amount required to	1156
be paid by the state.	1157

(K) In the event of a disagreement, the superintendent of	1158
public instruction shall determine the school district in which	1159
the parent resides.	1160

(L) Nothing in this section requires or authorizes, or shall	1161
be construed to require or authorize, the admission to a public	1162
school in this state of a pupil who has been permanently excluded	1163
from public school attendance by the superintendent of public	1164
instruction pursuant to sections 3301.121 and 3313.662 of the	1165
Revised Code.	1166

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

1167

(1) "Power of attorney" means a power of attorney created	1168
under section 3109.52 of the Revised Code.	1169

(2) "Caretaker authorization affidavit" means an affidavit	1170
executed under section 3109.67 of the Revised Code.	1171

(B) The grandparent who is attorney in fact under a power of	1172
attorney or the grandparent that executed a caretaker	1173
authorization affidavit may enroll the child who is the subject of	1174
the power of attorney or affidavit in a school in the school	1175
district in which the grandparent resides. Unless another reason	1176
exists under the Revised Code to exclude the child, the child may	1177
attend the schools of the school district in which the grandparent	1178
resides.	1179

Sec. 3313.66.  (A) Except as provided under division (B)(2)	1180
of this section, the superintendent of schools of a city, exempted	1181
village, or local school district, or the principal of a public	1182
school may suspend a pupil from school for not more than ten	1183
school days. The board of education of a city, exempted village,	1184
or local school district may adopt a policy granting assistant	1185
principals and other administrators the authority to suspend a	1186
pupil from school for a period of time as specified in the policy	1187
of the board of education, not to exceed ten school days. If at	1188
the time a suspension is imposed there are fewer than ten school	1189
days remaining in the school year in which the incident that gives	1190
rise to the suspension takes place, the superintendent may apply	1191
any remaining part or all of the period of the suspension to the	1192
following school year. Except in the case of a pupil given an	1193
in-school suspension, no pupil shall be suspended unless prior to	1194
the suspension such superintendent or principal does both of the	1195
following:	1196

(1) Gives the pupil written notice of the intention to	1197
suspend the pupil and the reasons for the intended suspension and,	1198
if the proposed suspension is based on a violation listed in	1199
division (A) of section 3313.662 of the Revised Code and if the	1200
pupil is sixteen years of age or older, includes in the notice a	1201
statement that the superintendent may seek to permanently exclude	1202
the pupil if the pupil is convicted of or adjudicated a delinquent	1203
child for that violation;	1204

(2) Provides the pupil an opportunity to appear at an	1205
informal hearing before the principal, assistant principal,	1206
superintendent, or superintendent's designee and challenge the	1207
reason for the intended suspension or otherwise to explain the	1208
pupil's actions.	1209

(B)(1) Except as provided under division (B)(2), (3), or (4)	1210
of this section, the superintendent of schools of a city, exempted	1211
village, or local school district may expel a pupil from school	1212
for a period not to exceed the greater of eighty school days or	1213
the number of school days remaining in the semester or term in	1214
which the incident that gives rise to the expulsion takes place,	1215
unless the expulsion is extended pursuant to division (F) of this	1216
section. If at the time an expulsion is imposed there are fewer	1217
than eighty school days remaining in the school year in which the	1218
incident that gives rise to the expulsion takes place, the	1219
superintendent may apply any remaining part or all of the period	1220
of the expulsion to the following school year.	1221

(2)(a) Unless a pupil is permanently excluded pursuant to	1222
section 3313.662 of the Revised Code, the superintendent of	1223
schools of a city, exempted village, or local school district	1224
shall expel a pupil from school for a period of one year for	1225
bringing a firearm to a school operated by the board of education	1226
of the district or onto any other property owned or controlled by	1227
the board, except that the superintendent may reduce this	1228
requirement on a case-by-case basis in accordance with the policy	1229
adopted by the board under section 3313.661 of the Revised Code.	1230

(b) The superintendent of schools of a city, exempted	1231
village, or local school district may expel a pupil from school	1232
for a period of one year for bringing a firearm to an	1233
interscholastic competition, an extracurricular event, or any	1234
other school program or activity that is not located in a school	1235
or on property that is owned or controlled by the district. The	1236
superintendent may reduce this disciplinary action on a	1237
case-by-case basis in accordance with the policy adopted by the	1238
board under section 3313.661 of the Revised Code.	1239

(c) Any expulsion pursuant to division (B)(2) of this section	1240
shall extend, as necessary, into the school year following the	1241
school year in which the incident that gives rise to the expulsion	1242
takes place. As used in this division, "firearm" has the same	1243
meaning as provided pursuant to the "Gun-Free Schools Act of	1244
1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).	1245

(3) The board of education of a city, exempted village, or	1246
local school district may adopt a resolution authorizing the	1247
superintendent of schools to expel a pupil from school for a	1248
period not to exceed one year for bringing a knife to a school	1249
operated by the board, onto any other property owned or controlled	1250
by the board, or to an interscholastic competition, an	1251
extracurricular event, or any other program or activity sponsored	1252
by the school district or in which the district is a participant,	1253
or for possessing a firearm or knife at a school, on any other	1254
property owned or controlled by the board, or at an	1255
interscholastic competition, an extracurricular event, or any	1256
other school program or activity, which firearm or knife was	1257
initially brought onto school board property by another person.	1258
The resolution may authorize the superintendent to extend such an	1259
expulsion, as necessary, into the school year following the school	1260
year in which the incident that gives rise to the expulsion takes	1261
place.	1262

(4) The board of education of a city, exempted village, or	1263
local school district may adopt a resolution establishing a policy	1264
under section 3313.661 of the Revised Code that authorizes the	1265
superintendent of schools to expel a pupil from school for a	1266
period not to exceed one year for committing an act that is a	1267
criminal offense when committed by an adult and that results in	1268
serious physical harm to persons as defined in division (A)(5) of	1269
section 2901.01 of the Revised Code or serious physical harm to	1270
property as defined in division (A)(6) of section 2901.01 of the	1271
Revised Code while the pupil is at school, on any other property	1272
owned or controlled by the board, or at an interscholastic	1273
competition, an extracurricular event, or any other school program	1274
or activity. Any expulsion under this division shall extend, as	1275
necessary, into the school year following the school year in which	1276
the incident that gives rise to the expulsion takes place.	1277

(5) The board of education of any city, exempted village, or	1278
local school district may adopt a resolution establishing a policy	1279
under section 3313.661 of the Revised Code that authorizes the	1280
superintendent of schools to expel a pupil from school for a	1281
period not to exceed one year for making a bomb threat to a school	1282
building or to any premises at which a school activity is	1283
occurring at the time of the threat. Any expulsion under this	1284
division shall extend, as necessary, into the school year	1285
following the school year in which the incident that gives rise to	1286
the expulsion takes place.	1287

(6) No pupil shall be expelled under division (B)(1), (2),	1288
(3), (4), or (5) of this section unless, prior to the pupil's	1289
expulsion, the superintendent does both of the following:	1290

(a) Gives the pupil and the pupil's parent, guardian, or	1291
custodian written notice of the intention to expel the pupil;	1292

(b) Provides the pupil and the pupil's parent, guardian,	1293
custodian, or representative an opportunity to appear in person	1294
before the superintendent or the superintendent's designee to	1295
challenge the reasons for the intended expulsion or otherwise to	1296
explain the pupil's actions.	1297

The notice required in this division shall include the	1298
reasons for the intended expulsion, notification of the	1299
opportunity of the pupil and the pupil's parent, guardian,	1300
custodian, or representative to appear before the superintendent	1301
or the superintendent's designee to challenge the reasons for the	1302
intended expulsion or otherwise to explain the pupil's action, and	1303
notification of the time and place to appear. The time to appear	1304
shall not be earlier than three nor later than five school days	1305
after the notice is given, unless the superintendent grants an	1306
extension of time at the request of the pupil or the pupil's	1307
parent, guardian, custodian, or representative. If an extension is	1308
granted after giving the original notice, the superintendent shall	1309
notify the pupil and the pupil's parent, guardian, custodian, or	1310
representative of the new time and place to appear. If the	1311
proposed expulsion is based on a violation listed in division (A)	1312
of section 3313.662 of the Revised Code and if the pupil is	1313
sixteen years of age or older, the notice shall include a	1314
statement that the superintendent may seek to permanently exclude	1315
the pupil if the pupil is convicted of or adjudicated a delinquent	1316
child for that violation.	1317

(7) A superintendent of schools of a city, exempted village,	1318
or local school district shall initiate expulsion proceedings	1319
pursuant to this section with respect to any pupil who has	1320
committed an act warranting expulsion under the district's policy	1321
regarding expulsion even if the pupil has withdrawn from school	1322
for any reason after the incident that gives rise to the hearing	1323
but prior to the hearing or decision to impose the expulsion. If,	1324
following the hearing, the pupil would have been expelled for a	1325
period of time had the pupil still been enrolled in the school,	1326
the expulsion shall be imposed for the same length of time as on a	1327
pupil who has not withdrawn from the school.	1328

(C) If a pupil's presence poses a continuing danger to	1329
persons or property or an ongoing threat of disrupting the	1330
academic process taking place either within a classroom or	1331
elsewhere on the school premises, the superintendent or a	1332
principal or assistant principal may remove a pupil from	1333
curricular activities or from the school premises, and a teacher	1334
may remove a pupil from curricular activities under the teacher's	1335
supervision, without the notice and hearing requirements of	1336
division (A) or (B) of this section. As soon as practicable after	1337
making such a removal, the teacher shall submit in writing to the	1338
principal the reasons for such removal.	1339

If a pupil is removed under this division from a curricular	1340
activity or from the school premises, written notice of the	1341
hearing and of the reason for the removal shall be given to the	1342
pupil as soon as practicable prior to the hearing, which shall be	1343
held within three school days from the time the initial removal is	1344
ordered. The hearing shall be held in accordance with division (A)	1345
of this section unless it is probable that the pupil may be	1346
subject to expulsion, in which case a hearing in accordance with	1347
division (B) of this section shall be held, except that the	1348
hearing shall be held within three school days of the initial	1349
removal. The individual who ordered, caused, or requested the	1350
removal to be made shall be present at the hearing.	1351

If the superintendent or the principal reinstates a pupil in	1352
a curricular activity under the teacher's supervision prior to the	1353
hearing following a removal under this division, the teacher, upon	1354
request, shall be given in writing the reasons for such	1355
reinstatement.	1356

(D) The superintendent or principal, within one school day	1357
after the time of a pupil's expulsion or suspension, shall notify	1358
in writing the parent, guardian, or custodian of the pupil and the	1359
treasurer of the board of education of the expulsion or	1360
suspension. The notice shall include the reasons for the expulsion	1361
or suspension, notification of the right of the pupil or the	1362
pupil's parent, guardian, or custodian to appeal the expulsion or	1363
suspension to the board of education or to its designee, to be	1364
represented in all appeal proceedings, to be granted a hearing	1365
before the board or its designee in order to be heard against the	1366
suspension or expulsion, and to request that the hearing be held	1367
in executive session, notification that the expulsion may be	1368
subject to extension pursuant to division (F) of this section if	1369
the pupil is sixteen years of age or older, and notification that	1370
the superintendent may seek the pupil's permanent exclusion if the	1371
suspension or expulsion was based on a violation listed in	1372
division (A) of section 3313.662 of the Revised Code that was	1373
committed when the child was sixteen years of age or older and if	1374
the pupil is convicted of or adjudicated a delinquent child for	1375
that violation.	1376

Any superintendent expelling a pupil under this section for	1377
more than twenty school days or for any period of time if the	1378
expulsion will extend into the following semester or school year	1379
shall, in the notice required under this division, provide the	1380
pupil and the pupil's parent, guardian, or custodian with	1381
information about services or programs offered by public and	1382
private agencies that work toward improving those aspects of the	1383
pupil's attitudes and behavior that contributed to the incident	1384
that gave rise to the pupil's expulsion. The information shall	1385
include the names, addresses, and phone numbers of the appropriate	1386
public and private agencies.	1387

(E) A pupil or the pupil's parent, guardian, or custodian may	1388
appeal the pupil's expulsion by a superintendent or suspension by	1389
a superintendent, principal, assistant principal, or other	1390
administrator to the board of education or to its designee. The	1391
pupil or the pupil's parent, guardian, or custodian may be	1392
represented in all appeal proceedings and shall be granted a	1393
hearing before the board or its designee in order to be heard	1394
against the suspension or expulsion. At the request of the pupil	1395
or of the pupil's parent, guardian, custodian, or attorney, the	1396
board or its designee may hold the hearing in executive session	1397
but shall act upon the suspension or expulsion only at a public	1398
meeting. The board, by a majority vote of its full membership or	1399
by the action of its designee, may affirm the order of suspension	1400
or expulsion, reinstate the pupil, or otherwise reverse, vacate,	1401
or modify the order of suspension or expulsion.	1402

The board or its designee shall make a verbatim record of	1403
hearings held under this division. The decisions of the board or	1404
its designee may be appealed under Chapter 2506. of the Revised	1405
Code.	1406

This section shall not be construed to require notice and	1407
hearing in accordance with division (A), (B), or (C) of this	1408
section in the case of normal disciplinary procedures in which a	1409
pupil is removed from a curricular activity for a period of less	1410
than one school day and is not subject to suspension or expulsion.	1411

(F)(1) If a pupil is expelled pursuant to division (B) of	1412
this section for committing any violation listed in division (A)	1413
of section 3313.662 of the Revised Code and the pupil was sixteen	1414
years of age or older at the time of committing the violation, if	1415
a complaint, indictment, or information is filed alleging that the	1416
pupil is a delinquent child based upon the commission of the	1417
violation or the pupil is prosecuted as an adult for the	1418
commission of the violation, and if the resultant juvenile court	1419
or criminal proceeding is pending at the time that the expulsion	1420
terminates, the superintendent of schools that expelled the pupil	1421
may file a motion with the court in which the proceeding is	1422
pending requesting an order extending the expulsion for the lesser	1423
of an additional eighty days or the number of school days	1424
remaining in the school year. Upon the filing of the motion, the	1425
court immediately shall schedule a hearing and give written notice	1426
of the time, date, and location of the hearing to the	1427
superintendent and to the pupil and the pupil's parent, guardian,	1428
or custodian. At the hearing, the court shall determine whether	1429
there is reasonable cause to believe that the pupil committed the	1430
alleged violation that is the basis of the expulsion and, upon	1431
determining that reasonable cause to believe the pupil committed	1432
the violation does exist, shall grant the requested extension.	1433

(2) If a pupil has been convicted of or adjudicated a	1434
delinquent child for a violation listed in division (A) of section	1435
3313.662 of the Revised Code for an act that was committed when	1436
the child was sixteen years of age or older, if the pupil has been	1437
expelled pursuant to division (B) of this section for that	1438
violation, and if the board of education of the school district of	1439
the school from which the pupil was expelled has adopted a	1440
resolution seeking the pupil's permanent exclusion, the	1441
superintendent may file a motion with the court that convicted the	1442
pupil or adjudicated the pupil a delinquent child requesting an	1443
order to extend the expulsion until an adjudication order or other	1444
determination regarding permanent exclusion is issued by the	1445
superintendent of public instruction pursuant to section 3301.121	1446
and division (D) of section 3313.662 of the Revised Code. Upon the	1447
filing of the motion, the court immediately shall schedule a	1448
hearing and give written notice of the time, date, and location of	1449
the hearing to the superintendent of the school district, the	1450
pupil, and the pupil's parent, guardian, or custodian. At the	1451
hearing, the court shall determine whether there is reasonable	1452
cause to believe the pupil's continued attendance in the public	1453
school system may endanger the health and safety of other pupils	1454
or school employees and, upon making that determination, shall	1455
grant the requested extension.	1456

(G) The failure of the superintendent or the board of	1457
education to provide the information regarding the possibility of	1458
permanent exclusion in the notice required by divisions (A), (B),	1459
and (D) of this section is not jurisdictional, and the failure	1460
shall not affect the validity of any suspension or expulsion	1461
procedure that is conducted in accordance with this section or the	1462
validity of a permanent exclusion procedure that is conducted in	1463
accordance with sections 3301.121 and 3313.662 of the Revised	1464
Code.	1465

(H) With regard to suspensions and expulsions pursuant to	1466
divisions (A) and (B) of this section by the board of education of	1467
any city, exempted village, or local school district, this section	1468
shall apply to any student, whether or not the student is enrolled	1469
in the district, attending or otherwise participating in any	1470
curricular program provided in a school operated by the board or	1471
provided on any other property owned or controlled by the board.	1472

(I) Whenever a student is expelled under this section, the	1473
expulsion shall result in removal of the student from the	1474
student's regular school setting. However, during the period of	1475
the expulsion, the board of education of the school district that	1476
expelled the student or any board of education admitting the	1477
student during that expulsion period may provide educational	1478
services to the student in an alternative setting.	1479

(J)(1) Notwithstanding sectionsections 3109.51 to 3109.80,	1480
3313.64 or, and 3313.65 of the Revised Code, any school district,	1481
after offering an opportunity for a hearing, may temporarily deny	1482
admittance to any pupil if one of the following applies:	1483

(a) The pupil has been suspended from the schools of another	1484
district under division (A) of this section and the period of	1485
suspension, as established under that division, has not expired;	1486

(b) The pupil has been expelled from the schools of another	1487
district under division (B) of this section and the period of the	1488
expulsion, as established under that division or as extended under	1489
division (F) of this section, has not expired.	1490

If a pupil is temporarily denied admission under this	1491
division, the pupil shall be admitted to school in accordance with	1492
sectionsections 3109.51 to 3109.80, 3313.64, or 3313.65 of the	1493
Revised Code no later than upon expiration of the suspension or	1494
expulsion period, as applicable.	1495

(2) Notwithstanding sectionsections 3109.51 to 3109.80,	1496
3313.64 or, and 3313.65 of the Revised Code, any school district,	1497
after offering an opportunity for a hearing, may temporarily deny	1498
admittance to any pupil if the pupil has been expelled or	1499
otherwise removed for disciplinary purposes from a public school	1500
in another state and the period of expulsion or removal has not	1501
expired. If a pupil is temporarily denied admission under this	1502
division, the pupil shall be admitted to school in accordance with	1503
sectionsections 3109.51 to 3109.80, 3313.64, or 3313.65 of the	1504
Revised Code no later than the earlier of the following:	1505

(a) Upon expiration of the expulsion or removal period	1506
imposed by the out-of-state school;	1507

(b) Upon expiration of a period established by the district,	1508
beginning with the date of expulsion or removal from the	1509
out-of-state school, that is no greater than the period of	1510
expulsion that the pupil would have received under the policy	1511
adopted by the district under section 3313.661 of the Revised Code	1512
had the offense that gave rise to the expulsion or removal by the	1513
out-of-state school been committed while the pupil was enrolled in	1514
the district.	1515

(K) As used in this section:

1516

(1) "Permanently exclude" and "permanent exclusion" have the	1517
same meanings as in section 3313.662 of the Revised Code.	1518

(2) "In-school suspension" means the pupil will serve all of	1519
the suspension in a school setting.	1520

Sec. 3313.672.  (A)(1) At the time of his initial entry to a	1521
public or nonpublic school, a pupil shall present to the person in	1522
charge of admission any records given himthe pupil by the public	1523
or nonpublic elementary or secondary school hethe pupil most	1524
recently attended; a certified copy of an order or decree, or	1525
modification of such an order or decree allocating parental rights	1526
and responsibilities for the care of a child and designating a	1527
residential parent and legal custodian of the child, as provided	1528
in division (B) of this section, if that type of order or decree	1529
has been issued; a copy of a power of attorney or caretaker	1530
authorization affidavit, if either has been executed with respect	1531
to the child pursuant to sections 3109.51 to 3109.80 of the	1532
Revised Code; and a certification of birth issued pursuant to	1533
Chapter 3705. of the Revised Code, a comparable certificate or	1534
certification issued pursuant to the statutes of another state,	1535
territory, possession, or nation, or a document in lieu of a	1536
certificate or certification as described in divisions (A)(1)(a)	1537
to (e) of this section. Any of the following shall be accepted in	1538
lieu of a certificate or certification of birth by the person in	1539
charge of admission:	1540

(a) A passport or attested transcript of a passport filed	1541
with a registrar of passports at a point of entry of the United	1542
States showing the date and place of birth of the child;	1543

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

1544

(c) An attested transcript of the certificate of baptism or	1545
other religious record showing the date and place of birth of the	1546
child;	1547

(d) An attested transcript of a hospital record showing the	1548
date and place of birth of the child;	1549

(e) A birth affidavit.

1550

(2) Within twenty-four hours of the entry into the school of	1551
a pupil described in division (A)(1) of this section, a school	1552
official shall request the pupil's official records from the	1553
public or nonpublic elementary or secondary school hethe pupil	1554
most recently attended. If the public or nonpublic school the	1555
pupil claims to have most recently attended indicates that it has	1556
no record of the pupil's attendance or the records are not	1557
received within fourteen days of the date of request, or if the	1558
pupil does not present a certification of birth described in	1559
division (A)(1) of this section, a comparable certificate or	1560
certification from another state, territory, possession, or	1561
nation, or another document specified in divisions (A)(1)(a) to	1562
(d) of this section, the principal or chief administrative officer	1563
of the school shall notify the law enforcement agency having	1564
jurisdiction in the area where the pupil resides of this fact and	1565
of the possibility that the pupil may be a missing child, as	1566
defined in section 2901.30 of the Revised Code.	1567

(B)(1) Whenever an order or decree allocating parental rights	1568
and responsibilities for the care of a child and designating a	1569
residential parent and legal custodian of the child, including a	1570
temporary order, is issued resulting from an action of divorce,	1571
alimony, annulment, or dissolution of marriage, and the order or	1572
decree pertains to a child who is a pupil in a public or nonpublic	1573
school, the residential parent of the child shall notify the	1574
school of those allocations and designations by providing the	1575
person in charge of admission at the pupil's school with a	1576
certified copy of the order or decree that made the allocation and	1577
designation. Whenever there is a modification of any order or	1578
decree allocating parental rights and responsibilities for the	1579
care of a child and designating a residential parent and legal	1580
custodian of the child that has been submitted to a school, the	1581
residential parent shall provide the person in charge of admission	1582
at the pupil's school with a certified copy of the order or decree	1583
that makes the modification.	1584

(2) Whenever a power of attorney is executed under sections	1585
3109.51 to 3109.62 of the Revised Code that pertains to a child	1586
who is a pupil in a public or nonpublic school, the attorney in	1587
fact shall notify the school of the power of attorney by providing	1588
the person in charge of admission with a copy of the power of	1589
attorney. Whenever a caretaker authorization affidavit is executed	1590
under sections 3109.64 to 3109.73 of the Revised Code that	1591
pertains to a child who is in a public or nonpublic school, the	1592
grandparent who executed the affidavit shall notify the school of	1593
the affidavit by providing the person in charge of admission with	1594
a copy of the affidavit.	1595

(C) If, at the time of a pupil's initial entry to a public or	1596
nonpublic school, the pupil is under the care of a shelter for	1597
victims of domestic violence, as defined in section 3113.33 of the	1598
Revised Code, the pupil or histhe pupil's parent shall notify the	1599
school of that fact. Upon being so informed, the school shall	1600
inform the elementary or secondary school from which it requests	1601
the pupil's records of that fact.	1602

Section 2.  That existing sections 3313.64, 3313.66, and	1603
3313.672 of the Revised Code are hereby repealed.	1604

Section 3.  Section 3313.66 of the Revised Code is presented	1605
in this act as a composite of the section as amended by both H.B.	1606
620 and Am. Sub. S.B. 179 of the 123rd General Assembly. The	1607
General Assembly, applying the principle stated in division (B) of	1608
section 1.52 of the Revised Code that amendments are to be	1609
harmonized if reasonably capable of simultaneous operation, finds	1610
that the composite is the resulting version of the section in	1611
effect prior to the effective date of the section as presented in	1612
this act.	1613