As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 137

Representatives Gilb, Willamowski, Latta, Wagoner, McGregor, J., Fessler, Aslanides, Book, Combs, DeGeeter, Domenick, Evans, C., Gibbs, Key, Patton, T., Reidelbach, Seitz 

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A BILL

To amend sections 2151.313, 2152.72, 2930.13,

1

3301.0714, 3313.64, 3313.662, 3314.03, 3323.01,

2

and 4301.69; to amend, for the purpose of adopting

3

a new section number as indicated in parentheses,

4

section 2151.357 (2151.362); to enact new sections

5

2151.357 and 2151.358 and sections 2151.355 and

6

2151.356; and to repeal section 2151.358 of the

7

Revised Code to revise the procedure by which a

8

juvenile court may seal records of alleged and

9

adjudicated delinquent and unruly children and

10

adjudicated juvenile traffic offenders.

11

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

Section 1.  That sections 2151.313, 2152.72, 2930.13,	12
3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69 be	13
amended; that section 2151.357 (2151.362) be amended for the	14
purpose of adopting a new section number as indicated in	15
parentheses; and that new sections 2151.357 and 2151.358 and	16
sections 2151.355 and 2151.356 of the Revised Code be enacted to	17
read as follows:	18

Sec. 2151.313.  (A)(1) Except as provided in division (A)(2)	19
of this section and in sections 109.57, 109.60, and 109.61 of the	20
Revised Code, no child shall be fingerprinted or photographed in	21
the investigation of any violation of law without the consent of	22
the juvenile judge.	23

(2) Subject to division (A)(3) of this section, a law	24
enforcement officer may fingerprint and photograph a child without	25
the consent of the juvenile judge when the child is arrested or	26
otherwise taken into custody for the commission of an act that	27
would be an offense, other than a traffic offense or a minor	28
misdemeanor, if committed by an adult, and there is probable cause	29
to believe that the child may have been involved in the commission	30
of the act. A law enforcement officer who takes fingerprints or	31
photographs of a child under division (A)(2) of this section	32
immediately shall inform the juvenile court that the fingerprints	33
or photographs were taken and shall provide the court with the	34
identity of the child, the number of fingerprints and photographs	35
taken, and the name and address of each person who has custody and	36
control of the fingerprints or photographs or copies of the	37
fingerprints or photographs.	38

(3) This section does not apply to a child to whom either of	39
the following applies:	40

(a) The child has been arrested or otherwise taken into	41
custody for committing, or has been adjudicated a delinquent child	42
for committing, an act that would be a felony if committed by an	43
adult or has been convicted of or pleaded guilty to committing a	44
felony.	45

(b) There is probable cause to believe that the child may	46
have committed an act that would be a felony if committed by an	47
adult.	48

(B)(1) Subject to divisions (B)(4), (5), and (6) of this	49
section, all fingerprints and photographs of a child obtained or	50
taken under division (A)(1) or (2) of this section, and any	51
records of the arrest or custody of the child that was the basis	52
for the taking of the fingerprints or photographs, initially may	53
be retained only until the expiration of thirty days after the	54
date taken, except that the court may limit the initial retention	55
of fingerprints and photographs of a child obtained under division	56
(A)(1) of this section to a shorter period of time and except	57
that, if the child is adjudicated a delinquent child for the	58
commission of an act described in division (B)(3) of this section	59
or is convicted of or pleads guilty to a criminal offense for the	60
commission of an act described in division (B)(3) of this section,	61
the fingerprints and photographs, and the records of the arrest or	62
custody of the child that was the basis for the taking of the	63
fingerprints and photographs, shall be retained in accordance with	64
division (B)(3) of this section. During the initial period of	65
retention, the fingerprints and photographs of a child, copies of	66
the fingerprints and photographs, and records of the arrest or	67
custody of the child shall be used or released only in accordance	68
with division (C) of this section. At the expiration of the	69
initial period for which fingerprints and photographs of a child,	70
copies of fingerprints and photographs of a child, and records of	71
the arrest or custody of a child may be retained under this	72
division, if no complaint, indictment, or information is pending	73
against the child in relation to the act for which the	74
fingerprints and photographs originally were obtained or taken and	75
if the child has neither been adjudicated a delinquent child for	76
the commission of that act nor been convicted of or pleaded guilty	77
to a criminal offense based on that act subsequent to a transfer	78
of the child's case for criminal prosecution pursuant to section	79
2152.12 of the Revised Code, the fingerprints and photographs of	80
the child, all copies of the fingerprints and photographs, and all	81
records of the arrest or custody of the child that was the basis	82
of the taking of the fingerprints and photographs shall be removed	83
from the file and delivered to the juvenile court.	84

(2) If, at the expiration of the initial period of retention	85
set forth in division (B)(1) of this section, a complaint,	86
indictment, or information is pending agaistagainst the child in	87
relation to the act for which the fingerprints and photographs	88
originally were obtained or the child either has been adjudicated	89
a delinquent child for the commission of an act other than an act	90
described in division (B)(3) of this section or has been convicted	91
of or pleaded guilty to a criminal offense for the commission of	92
an act other than an act described in division (B)(3) of this	93
section subsequent to transfer of the child's case, the	94
fingerprints and photographs of the child, copies of the	95
fingerprints and photographs, and the records of the arrest or	96
custody of the child that was the basis of the taking of the	97
fingerprints and photographs may further be retained, subject to	98
division (B)(4) of this section, until the earlier of the	99
expiration of two years after the date on which the fingerprints	100
or photographs were taken or the child attains eighteen years of	101
age, except that, if the child is adjudicated a delinquent child	102
for the commission of an act described in division (B)(3) of this	103
section or is convicted of or pleads guilty to a criminal offense	104
for the commission of an act described in division (B)(3) of this	105
section, the fingerprints and photographs, and the records of the	106
arrest or custody of the child that was the basis for the taking	107
of the fingerprints and photographs, shall be retained in	108
accordance with division (B)(3) of this section.	109

Except as otherwise provided in division (B)(3) of this	110
section, during this additional period of retention, the	111
fingerprints and photographs of a child, copies of the	112
fingerprints and photographs of a child, and records of the arrest	113
or custody of a child shall be used or released only in accordance	114
with division (C) of this section. At the expiration of the	115
additional period, if no complaint, indictment, or information is	116
pending against the child in relation to the act for which the	117
fingerprints originally were obtained or taken or in relation to	118
another act for which the fingerprints were used as authorized by	119
division (C) of this section and that would be a felony if	120
committed by an adult, the fingerprints of the child, all copies	121
of the fingerprints, and all records of the arrest or custody of	122
the child that was the basis of the taking of the fingerprints	123
shall be removed from the file and delivered to the juvenile	124
court, and, if no complaint, indictment, or information is pending	125
against the child concerning the act for which the photographs	126
originally were obtained or taken or concerning an act that would	127
be a felony if committed by an adult, the photographs and all	128
copies of the photographs, and, if no fingerprints were taken at	129
the time the photographs were taken, all records of the arrest or	130
custody that was the basis of the taking of the photographs shall	131
be removed from the file and delivered to the juvenile court. In	132
either case, if, at the expiration of the applicable additional	133
period, such a complaint, indictment, or information is pending	134
against the child, the photographs and copies of the photographs	135
of the child, or the fingerprints and copies of the fingerprints	136
of the child, whichever is applicable, and the records of the	137
arrest or custody of the child may be retained, subject to	138
division (B)(4) of this section, until final disposition of the	139
complaint, indictment, or information, and, upon final disposition	140
of the complaint, indictment, or information, they shall be	141
removed from the file and delivered to the juvenile court, except	142
that, if the child is adjudicated a delinquent child for the	143
commission of an act described in division (B)(3) of this section	144
or is convicted of or pleads guilty to a criminal offense for the	145
commission of an act described in division (B)(3) of this section,	146
the fingerprints and photographs, and the records of the arrest or	147
custody of the child that was the basis for the taking of the	148
fingerprints and photographs, shall be retained in accordance with	149
division (B)(3) of this section.	150

(3) If a child is adjudicated a delinquent child for	151
violating section 2923.42 of the Revised Code or for committing an	152
act that would be a misdemeanor offense of violence if committed	153
by an adult, or is convicted of or pleads guilty to a violation of	154
section 2923.42 of the Revised Code, a misdemeanor offense of	155
violence, or a violation of an existing or former municipal	156
ordinance or law of this state, another state, or the United	157
States that is substantially equivalent to section 2923.42 of the	158
Revised Code or any misdemeanor offense of violence, both of the	159
following apply:	160

(a) Originals and copies of fingerprints and photographs of	161
the child obtained or taken under division (A)(1) of this section,	162
and any records of the arrest or custody that was the basis for	163
the taking of the fingerprints or photographs, may be retained for	164
the period of time specified by the juvenile judge in that judge's	165
grant of consent for the taking of the fingerprints or	166
photographs. Upon the expiration of the specified period, all	167
originals and copies of the fingerprints, photographs, and records	168
shall be delivered to the juvenile court or otherwise disposed of	169
in accordance with any instructions specified by the juvenile	170
judge in that judge's grant of consent. During the period of	171
retention of the photographs and records, all originals and copies	172
of them shall be retained in a file separate and apart from all	173
photographs taken of adults. During the period of retention of the	174
fingerprints, all originals and copies of them may be maintained	175
in the files of fingerprints taken of adults. If the juvenile	176
judge who grants consent for the taking of fingerprints and	177
photographs under division (A)(1) of this section does not specify	178
a period of retention in that judge's grant of consent, originals	179
and copies of the fingerprints, photographs, and records may be	180
retained in accordance with this section as if the fingerprints	181
and photographs had been taken under division (A)(2) of this	182
section.	183

(b) Originals and copies of fingerprints and photographs	184
taken under division (A)(2) of this section, and any records of	185
the arrest or custody that was the basis for the taking of the	186
fingerprints or photographs, may be retained for the period of	187
time and in the manner specified in division (B)(3)(b) of this	188
section. Prior to the child's attainment of eighteen years of age,	189
all originals and copies of the photographs and records shall be	190
retained and shall be kept in a file separate and apart from all	191
photographs taken of adults. During the period of retention of the	192
fingerprints, all originals and copies of them may be maintained	193
in the files of fingerprints taken of adults. Upon the child's	194
attainment of eighteen years of age, all originals and copies of	195
the fingerprints, photographs, and records shall be disposed of as	196
follows:	197

(i) If the juvenile judge issues or previously has issued an	198
order that specifies a manner of disposition of the originals and	199
copies of the fingerprints, photographs, and records, they shall	200
be delivered to the juvenile court or otherwise disposed of in	201
accordance with the order.	202

(ii) If the juvenile judge does not issue and has not	203
previously issued an order that specifies a manner of disposition	204
of the originals and copies of the fingerprints not maintained in	205
adult files, photographs, and records, the law enforcement agency,	206
in its discretion, either shall remove all originals and copies of	207
them from the file in which they had been maintained and transfer	208
them to the files that are used for the retention of fingerprints	209
and photographs taken of adults who are arrested for, otherwise	210
taken into custody for, or under investigation for the commission	211
of a criminal offense or shall remove them from the file in which	212
they had been maintained and deliver them to the juvenile court.	213
If the originals and copies of any fingerprints of a child who	214
attains eighteen years of age are maintained in the files of	215
fingerprints taken of adults or if pursuant to division	216
(B)(3)(b)(ii) of this section the agency transfers the originals	217
and copies of any fingerprints not maintained in adult files,	218
photographs, or records to the files that are used for the	219
retention of fingerprints and photographs taken of adults who are	220
arrested for, otherwise taken into custody for, or under	221
investigation for the commission of a criminal offense, the	222
originals and copies of the fingerprints, photographs, and records	223
may be maintained, used, and released after they are maintained in	224
the adult files or after the transfer as if the fingerprints and	225
photographs had been taken of, and as if the records pertained to,	226
an adult who was arrested for, otherwise taken into custody for,	227
or under investigation for the commission of a criminal offense.	228

(4) If a sealing or expungement order issued under section	229
sections 2151.356 to 2151.358 of the Revised Code requires the	230
sealing or destruction of any fingerprints or photographs of a	231
child obtained or taken under division (A)(1) or (2) of this	232
section or of the records of an arrest or custody of a child that	233
was the basis of the taking of the fingerprints or photographs	234
prior to the expiration of any period for which they otherwise	235
could be retained under division (B)(1), (2), or (3) of this	236
section, the fingerprints, photographs, and arrest or custody	237
records that are subject to the order and all copies of the	238
fingerprints, photographs, and arrest or custody records shall be	239
sealed or destroyed in accordance with the order.	240

(5) All fingerprints of a child, photographs of a child,	241
records of an arrest or custody of a child, and copies delivered	242
to a juvenile court in accordance with division (B)(1), (2), or	243
(3) of this section shall be destroyed by the court, provided	244
that, if a complaint is filed against the child in relation to any	245
act to which the records pertain, the court shall maintain all	246
records of an arrest or custody of a child so delivered for at	247
least three years after the final disposition of the case or after	248
the case becomes inactive.	249

(6)(a) All photographs of a child and records of an arrest or	250
custody of a child retained pursuant to division (B) of this	251
section and not delivered to a juvenile court shall be kept in a	252
file separate and apart from fingerprints, photographs, and	253
records of an arrest or custody of an adult. All fingerprints of a	254
child retained pursuant to division (B) of this section and not	255
delivered to a juvenile court may be maintained in the files of	256
fingerprints taken of adults.	257

(b) If a child who is the subject of photographs or	258
fingerprints is adjudicated a delinquent child for the commission	259
of an act that would be an offense, other than a traffic offense	260
or a minor misdemeanor, if committed by an adult or is convicted	261
of or pleads guilty to a criminal offense, other than a traffic	262
offense or a minor misdemeanor, all fingerprints not maintained in	263
the files of fingerprints taken of adults and all photographs of	264
the child, and all records of the arrest or custody of the child	265
that is the basis of the taking of the fingerprints or	266
photographs, that are retained pursuant to division (B) of this	267
section and not delivered to a juvenile court shall be kept in a	268
file separate and apart from fingerprints, photographs, and arrest	269
and custody records of children who have not been adjudicated a	270
delinquent child for the commission of an act that would be an	271
offense, other than a traffic offense or a minor misdemeanor, if	272
committed by an adult and have not been convicted of or pleaded	273
guilty to a criminal offense other than a traffic offense or a	274
minor misdemeanor.	275

(C) Until they are delivered to the juvenile court or sealed,	276
transferred in accordance with division (B)(3)(b) of this section,	277
or destroyed pursuant to a sealing or expungement order, the	278
originals and copies of fingerprints and photographs of a child	279
that are obtained or taken pursuant to division (A)(1) or (2) of	280
this section, and the records of the arrest or custody of the	281
child that was the basis of the taking of the fingerprints or	282
photographs, shall be used or released only as follows:	283

(1) During the initial thirty-day period of retention,	284
originals and copies of fingerprints and photographs of a child,	285
and records of the arrest or custody of a child, shall be used,	286
prior to the filing of a complaint or information against or the	287
obtaining of an indictment of the child in relation to the act for	288
which the fingerprints and photographs were originally obtained or	289
taken, only for the investigation of that act and shall be	290
released, prior to the filing of the complaint, only to a court	291
that would have jurisdiction of the child's case under this	292
chapter. Subsequent to the filing of a complaint or information or	293
the obtaining of an indictment, originals and copies of	294
fingerprints and photographs of a child, and records of the arrest	295
or custody of a child, shall be used or released during the	296
initial thirty-day period of retention only as provided in	297
division (C)(2)(a), (b), or (c) of this section.	298

(2) Originals and copies of fingerprints and photographs of a	299
child, and records of the arrest or custody of a child, that are	300
retained beyond the initial thirty-day period of retention	301
subsequent to the filing of a complaint or information or the	302
obtaining of an indictment, a delinquent child adjudication, or a	303
conviction of or guilty plea to a criminal offense shall be used	304
or released only as follows:	305

(a) Originals and copies of photographs of a child, and, if	306
no fingerprints were taken at the time the photographs were taken,	307
records of the arrest or custody of the child that was the basis	308
of the taking of the photographs, may be used only as follows:	309

(i) They may be used for the investigation of the act for	310
which they originally were obtained or taken; if the child who is	311
the subject of the photographs is a suspect in the investigation,	312
for the investigation of any act that would be an offense if	313
committed by an adult; and for arresting or bringing the child	314
into custody.	315

(ii) If the child who is the subject of the photographs is	316
adjudicated a delinquent child for the commission of an act that	317
would be a felony if committed by an adult or is convicted of or	318
pleads guilty to a criminal offense that is a felony as a result	319
of the arrest or custody that was the basis of the taking of the	320
photographs, a law enforcement officer may use the photographs for	321
a photo line-up conducted as part of the investigation of any act	322
that would be a felony if committed by an adult, whether or not	323
the child who is the subject of the photographs is a suspect in	324
the investigation.	325

(b) Originals and copies of fingerprints of a child, and	326
records of the arrest or custody of the child that was the basis	327
of the taking of the fingerprints, may be used only for the	328
investigation of the act for which they originally were obtained	329
or taken; if a child is a suspect in the investigation, for the	330
investigation of another act that would be an offense if committed	331
by an adult; and for arresting or bringing the child into custody.	332

(c) Originals and copies of fingerprints, photographs, and	333
records of the arrest or custody that was the basis of the taking	334
of the fingerprints or photographs shall be released only to the	335
following:	336

(i) Law enforcement officers of this state or a political	337
subdivision of this state, upon notification to the juvenile court	338
of the name and address of the law enforcement officer or agency	339
to whom or to which they will be released;	340

(ii) A court that has jurisdiction of the child's case under	341
Chapters 2151. and 2152. of the Revised Code or subsequent to a	342
transfer of the child's case for criminal prosecution pursuant to	343
section 2152.12 of the Revised Code.	344

(D) No person shall knowingly do any of the following:

345

(1) Fingerprint or photograph a child in the investigation of	346
any violation of law other than as provided in division (A)(1) or	347
(2) of this section or in sections 109.57, 109.60, and 109.61 of	348
the Revised Code;	349

(2) Retain fingerprints or photographs of a child obtained or	350
taken under division (A)(1) or (2) of this section, copies of	351
fingerprints or photographs of that nature, or records of the	352
arrest or custody that was the basis of the taking of fingerprints	353
or photographs of that nature other than in accordance with	354
division (B) of this section;	355

(3) Use or release fingerprints or photographs of a child	356
obtained or taken under division (A)(1) or (2) of this section,	357
copies of fingerprints or photographs of that nature, or records	358
of the arrest or custody that was the basis of the taking of	359
fingerprints or photographs of that nature other than in	360
accordance with division (B) or (C) of this section.	361

Sec. 2151.355. As used in sections 2151.356 to 2151.358 of	362
the Revised Code:	363

(A) "Expunge" means to destroy, delete, and erase a record,	364
as appropriate for the record's physical or electronic form or	365
characteristic, so that the record is permanently irretrievable.	366

(B) "Seal a record" means to remove a record from the main	367
file of similar records and to secure it in a separate file that	368
contains only sealed records accessible only to the juvenile	369
court.	370

Sec. 2151.356.  (A) The records of a case in which a person	371
was adjudicated a delinquent child for committing a violation of	372
section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the	373
Revised Code shall not be sealed under this section.	374

(B)(1) The juvenile court shall promptly order the immediate	375
sealing of records pertaining to a juvenile in any of the	376
following circumstances:	377

(a) If the court receives a record from a public office or	378
agency under division (B)(2) of this section;	379

(b) If a person was brought before or referred to the court	380
for allegedly committing a delinquent or unruly act and the case	381
was resolved without the filing of a complaint against the person	382
with respect to that act pursuant to section 2151.27 of the	383
Revised Code;	384

(c) If a person was charged with violating division (E)(1) of	385
section 4301.69 of the Revised Code and the person has	386
successfully completed a diversion program under division	387
(E)(2)(a) of section 4301.69 of the Revised Code with respect to	388
that charge;	389

(d) If a complaint was filed against a person alleging that	390
the person was a delinquent child, an unruly child, or a juvenile	391
traffic offender and the court dismisses the complaint after a	392
trial on the merits of the case or finds the person not to be a	393
delinquent child, an unruly child, or a juvenile traffic offender;	394

(e) Notwithstanding division (C) of this section and subject	395
to section 2151.358 of the Revised Code, if a person has been	396
adjudicated an unruly child, that person has attained eighteen	397
years of age, and the person is not under the jurisdiction of the	398
court in relation to a complaint alleging the person to be a	399
delinquent child.	400

(2) The appropriate public office or agency shall immediately	401
deliver all original records at that public office or agency	402
pertaining to a juvenile to the court, if the person was arrested	403
or taken into custody for allegedly committing a delinquent or	404
unruly act, no complaint was filed against the person with respect	405
to the commission of the act pursuant to section 2151.27 of the	406
Revised Code, and the person was not brought before or referred to	407
the court for the commission of the act. The records delivered to	408
the court as required under this division shall not include	409
fingerprints, DNA specimens, and DNA records described under	410
division (A)(3) of section 2151.357 of the Revised Code.	411

(C)(1) The juvenile court shall consider the sealing of	412
records pertaining to a juvenile upon the court's own motion or	413
upon the application of a person if the person has been	414
adjudicated a delinquent child for committing an act other than a	415
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	416
2907.05 of the Revised Code, an unruly child, or a juvenile	417
traffic offender and if, at the time of the motion or application,	418
the person is not under the jurisdiction of the court in relation	419
to a complaint alleging the person to be a delinquent child. The	420
motion or application may be made at any time after two years	421
after the later of the following:	422

(a) The termination of any order made by the court in	423
relation to the adjudication;	424

(b) The unconditional discharge of the person from the	425
department of youth services with respect to a dispositional order	426
made in relation to the adjudication or from an institution or	427
facility to which the person was committed pursuant to a	428
dispositional order made in relation to the adjudication.	429

(2) In making the determination whether to seal records	430
pursuant to division (C)(1) of this section, all of the following	431
apply:	432

(a) The court may require a person filing an application	433
under division (C)(1) of this section to submit any relevant	434
documentation to support the application.	435

(b) The court may cause an investigation to be made to	436
determine if the person who is the subject of the proceedings has	437
been rehabilitated to a satisfactory degree.	438

(c) The court shall promptly notify the prosecuting attorney	439
of any proceedings to seal records initiated pursuant to division	440
(C)(1) of this section.	441

(d)(i) The prosecuting attorney may file a response with the	442
court within thirty days of receiving notice of the sealing	443
proceedings.	444

(ii) If the prosecuting attorney does not file a response	445
with the court or if the prosecuting attorney files a response but	446
indicates that the prosecuting attorney does not object to the	447
sealing of the records, the court may order the records of the	448
person that are under consideration to be sealed without	449
conducting a hearing on the motion or application. If the court	450
decides in its discretion to conduct a hearing on the motion or	451
application, the court shall conduct the hearing within thirty	452
days after making that decision and shall give notice, by regular	453
mail, of the date, time, and location of the hearing to the	454
prosecuting attorney and to the person who is the subject of the	455
records under consideration.	456

(iii) If the prosecuting attorney files a response with the	457
court that indicates that the prosecuting attorney objects to the	458
sealing of the records, the court shall conduct a hearing on the	459
motion or application within thirty days after the court receives	460
the response. The court shall give notice, by regular mail, of the	461
date, time, and location of the hearing to the prosecuting	462
attorney and to the person who is the subject of the records under	463
consideration.	464

(e) After conducting a hearing in accordance with division	465
(C)(2)(d) of this section or after due consideration when a	466
hearing is not conducted, except as provided in division (B)(1)(c)	467
of this section, the court may order the records of the person	468
that are the subject of the motion or application to be sealed if	469
it finds that the person has been rehabilitated to a satisfactory	470
degree. In determining whether the person has been rehabilitated	471
to a satisfactory degree, the court may consider all of the	472
following:	473

(i) The age of the person;

474

(ii) The nature of the case;

475

(iii) The cessation or continuation of delinquent, unruly, or	476
criminal behavior;	477

(iv) The education and employment history of the person;

478

(v) Any other circumstances that may relate to the	479
rehabilitation of the person who is the subject of the records	480
under consideration.	481

(D)(1)(a) The juvenile court shall provide verbal notice to a	482
person whose records are sealed under division (B) of this	483
section, if that person is present in the court at the time the	484
court issues a sealing order, that explains what sealing a record	485
means, states that the person may apply to have those records	486
expunged under section 2151.358 of the Revised Code, and explains	487
what expunging a record means.	488

(b) The juvenile court shall provide written notice to a	489
person whose records are sealed under division (B) of this section	490
by certified mail to the person's last known address, if that	491
person is not present in the court at the time the court issues a	492
sealing order, that explains what sealing a record means, states	493
that the person may apply to have those records expunged under	494
section 2151.358 of the Revised Code, and explains what expunging	495
a record means.	496

(2)(a) Upon final disposition of a case in which a person has	497
been adjudicated a delinquent child for committing an act other	498
than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	499
2907.05 of the Revised Code, an unruly child, or a juvenile	500
traffic offender, the juvenile court shall provide both verbal and	501
written notice to the person that does all of the following:	502

(i) States that the person may apply to the court for an	503
order to seal the record;	504

(ii) Explains what sealing a record means;

505

(iii) Explains the possible consequences of not having the	506
record sealed;	507

(iv) States that the person may apply to the court for an	508
order to expunge the record under section 2151.358 of the Revised	509
Code;	510

(v) Explains what expunging a record means.

511

(b) Within ninety days after the expiration of the two-year	512
period described in division (C)(1) of this section, the juvenile	513
court shall do either of the following:	514

(i) Promptly order the immediate sealing of records	515
pertaining to the juvenile and provide written notice to the	516
person by certified mail to the person's last known address. The	517
written notice shall inform the person that the person's records	518
have been sealed, explain what sealing a record means, state that	519
the person may apply to have those records expunged under section	520
2151.358 of the Revised Code, and explain what expunging a record	521
means.	522

(ii) Provide written notice to the person by certified mail	523
to the person's last known address. The written notice shall	524
contain the same information specified under divisions	525
(D)(2)(a)(i), (ii), (iii), (iv), and (v) of this section.	526

(3) The department of youth services and any other	527
institution or facility that unconditionally discharges a person	528
who has been adjudicated a delinquent child, an unruly child, or a	529
juvenile traffic offender shall immediately give notice of the	530
discharge to the court that committed the person. The court shall	531
note the date of discharge on a separate record of discharges of	532
those natures.	533

Sec. 2151.357.  (A) If the court orders the records of a	534
person sealed pursuant to section 2151.356 of the Revised Code,	535
the person who is subject of the order properly may, and the court	536
shall, reply that no record exists with respect to the person upon	537
any inquiry in the matter, and the court, except as provided in	538
division (D) of this section, shall do all of the following:	539

(1) Order that the proceedings in a case described in	540
divisions (B) and (C) of section 2151.356 of the Revised Code be	541
deemed never to have occurred;	542

(2) Except as provided in division (C) of this section,	543
delete all index references to the case and the person so that the	544
references are permanently irretrievable;	545

(3) Order that all original records of the case maintained by	546
any public office or agency, except fingerprints held by a law	547
enforcement agency, DNA specimens collected pursuant to section	548
2152.74 of the Revised Code, and DNA records derived from DNA	549
specimens pursuant to section 109.573 of the Revised Code, be	550
delivered to the court;	551

(4) Order each public office or agency, upon the delivering	552
of records to the court under division (A)(3) of this section, to	553
expunge remaining records of the case that are the subject of the	554
sealing order that are maintained by that public office or agency,	555
except fingerprints, DNA specimens, and DNA records described	556
under division (A)(3) of this section;	557

(5) Send notice of the order to seal to any public office or	558
agency that the court has reason to believe may have a record of	559
the sealed record;	560

(6) Seal all of the records delivered to the court under	561
division (A)(3) of this section, in a separate file in which only	562
sealed records are maintained.	563

(B) Except as provided in division (D) of this section, an	564
order to seal under section 2151.356 of the Revised Code applies	565
to every public office or agency that has a record relating to the	566
case, regardless of whether it receives notice of the hearing on	567
the sealing of the record or a copy of the order. Except as	568
provided in division (D) of this section, upon the written request	569
of a person whose record has been sealed and the presentation of a	570
copy of the order and compliance with division (A)(3) of this	571
section, a public office or agency shall expunge its record	572
relating to the case, except a record of the adjudication or	573
arrest or taking into custody that is maintained for compiling	574
statistical data and that does not contain any reference to the	575
person who is the subject of the order.	576

(C) The person, public office, or agency, that maintains	577
sealed records pursuant to this section, may maintain a manual or	578
computerized index of the sealed records and shall make the index	579
available only for the purposes set forth in divisions (E) and (H)	580
of this section.	581

(1) Each entry regarding a sealed record in the index of	582
sealed records shall contain all of the following:	583

(a) The name of the person who is the subject of the sealed	584
record;	585

(b) An alphanumeric identifier relating to the person who is	586
the subject of the sealed record;	587

(c) The word "sealed";

588

(d) The name of the person, public office, or agency that has	589
custody of the sealed record.	590

(2) Any entry regarding a sealed record in the index of	591
sealed records shall not contain either of the following:	592

(a) The social security number of the person who is subject	593
of the sealed record;	594

(b) The name or a description of the act committed.

595

(D) Notwithstanding any provision of this section that	596
requires otherwise, a board of education of a city, local,	597
exempted village, or joint vocational school district that	598
maintains records of an individual who has been permanently	599
excluded under sections 3301.121 and 3313.662 of the Revised Code	600
is permitted to maintain records regarding an adjudication that	601
the individual is a delinquent child that was used as the basis	602
for the individual's permanent exclusion, regardless of a court	603
order to seal the record. An order issued under section 2151.356	604
of the Revised Code to seal the record of an adjudication that an	605
individual is a delinquent child does not revoke the adjudication	606
order of the superintendent of public instruction to permanently	607
exclude the individual who is the subject of the sealing order. An	608
order to seal the record of an adjudication that an individual is	609
a delinquent child may be presented to a district superintendent	610
as evidence to support the contention that the superintendent	611
should recommend that the permanent exclusion of the individual	612
who is the subject of the sealing order be revoked. Except as	613
otherwise authorized by this division and sections 3301.121 and	614
3313.662 of the Revised Code, any school employee in possession of	615
or having access to the sealed adjudication records of an	616
individual that were the basis of a permanent exclusion of the	617
individual is subject to division (F) of this section.	618

(E) Inspection of records that have been ordered sealed under	619
section 2151.356 of the Revised Code may be made only by the	620
following persons or for the following purposes:	621

(1) By the court;

622

(2) If the records in question pertain to an act that would	623
be an offense of violence that would be a felony if committed by	624
an adult, by any law enforcement officer or any prosecutor, or the	625
assistants of a law enforcement officer or prosecutor, for any	626
valid law enforcement or prosecutorial purpose;	627

(3) Upon application by the person who is the subject of the	628
sealed records, by the person that is named in that application;	629

(4) If the records in question pertain to an alleged	630
violation of division (E)(1) of section 4301.69 of the Revised	631
Code, by any law enforcement officer or any prosecutor, or the	632
assistants of a law enforcement officer or prosecutor, for the	633
purpose of determining whether the person is eligible for	634
diversion under division (E)(2) of section 4301.69 of the Revised	635
Code;	636

(5) At the request of a party in a civil action that is based	637
on a case the records for which are the subject of a sealing order	638
issued under section 2151.356 of the Revised Code, as needed for	639
the civil action. The party also may copy the records as needed	640
for the civil action. The sealed records shall be used solely in	641
the civil action and are otherwise confidential and subject to the	642
provisions of this section.	643

(F) No officer or employee of the state or any of its	644
political subdivisions shall knowingly release, disseminate, or	645
make available for any purpose involving employment, bonding,	646
licensing, or education to any person or to any department,	647
agency, or other instrumentality of the state or of any of its	648
political subdivisions any information or other data concerning	649
any arrest, taking into custody, complaint, indictment,	650
information, trial, hearing, adjudication, or correctional	651
supervision, the records of which have been sealed pursuant to	652
section 2151.356 of the Revised Code and the release,	653
dissemination, or making available of which is not expressly	654
permitted by this section. Whoever violates this division is	655
guilty of divulging confidential information, a misdemeanor of the	656
fourth degree.	657

(G) In any application for employment, license, or other	658
right or privilege, any appearance as a witness, or any other	659
inquiry, a person may not be questioned with respect to any arrest	660
or taking into custody for which the records were sealed. If an	661
inquiry is made in violation of this division, the person may	662
respond as if the sealed arrest or taking into custody did not	663
occur, and the person shall not be subject to any adverse action	664
because of the arrest or taking into custody or the response.	665

(H) The judgment rendered by the court under this chapter	666
shall not impose any of the civil disabilities ordinarily imposed	667
by conviction of a crime in that the child is not a criminal by	668
reason of the adjudication, and no child shall be charged with or	669
convicted of a crime in any court except as provided by this	670
chapter. The disposition of a child under the judgment rendered or	671
any evidence given in court shall not operate to disqualify a	672
child in any future civil service examination, appointment, or	673
application. Evidence of a judgment rendered and the disposition	674
of a child under the judgment is not admissible to impeach the	675
credibility of the child in any action or proceeding. Otherwise,	676
the disposition of a child under the judgment rendered or any	677
evidence given in court is admissible as evidence for or against	678
the child in any action or proceeding in any court in accordance	679
with the Rules of Evidence and also may be considered by any court	680
as to the matter of sentence or to the granting of probation, and	681
a court may consider the judgment rendered and the disposition of	682
a child under that judgment for purposes of determining whether	683
the child, for a future criminal conviction or guilty plea, is a	684
repeat violent offender, as defined in section 2929.01 of the	685
Revised Code.	686

Sec. 2151.358. (A) The juvenile court shall expunge all	687
records sealed under section 2151.356 of the Revised Code five	688
years after the court issues a sealing order or upon the	689
twenty-third birthday of the person who is the subject of the	690
sealing order, whichever date is earlier.	691

(B) Notwithstanding division (A) of this section, upon	692
application by the person who has had a record sealed under	693
section 2151.356 of the Revised Code, the juvenile court may	694
expunge a record sealed under section 2151.356 of the Revised	695
Code. In making the determination whether to expunge records, all	696
of the following apply:	697

(1) The court may require a person filing an application for	698
expungement to submit any relevant documentation to support the	699
application.	700

(2) The court may cause an investigation to be made to	701
determine if the person who is the subject of the proceedings has	702
been rehabilitated to a satisfactory degree.	703

(3) The court shall promptly notify the prosecuting attorney	704
of any proceedings to expunge records.	705

(4)(a) The prosecuting attorney may file a response with the	706
court within thirty days of receiving notice of the expungement	707
proceedings.	708

(b) If the prosecuting attorney does not file a response with	709
the court or if the prosecuting attorney files a response but	710
indicates that the prosecuting attorney does not object to the	711
expungement of the records, the court may order the records of the	712
person that are under consideration to be expunged without	713
conducting a hearing on the application. If the court decides in	714
its discretion to conduct a hearing on the application, the court	715
shall conduct the hearing within thirty days after making that	716
decision and shall give notice, by regular mail, of the date,	717
time, and location of the hearing to the prosecuting attorney and	718
to the person who is the subject of the records under	719
consideration.	720

(c) If the prosecuting attorney files a response with the	721
court that indicates that the prosecuting attorney objects to the	722
expungement of the records, the court shall conduct a hearing on	723
the application within thirty days after the court receives the	724
response. The court shall give notice, by regular mail, of the	725
date, time, and location of the hearing to the prosecuting	726
attorney and to the person who is the subject of the records under	727
consideration.	728

(5) After conducting a hearing in accordance with division	729
(B)(4) of this section or after due consideration when a hearing	730
is not conducted, the court may order the records of the person	731
that are the subject of the application to be expunged if it finds	732
that the person has been rehabilitated to a satisfactory degree.	733
In determining whether the person has been rehabilitated to a	734
satisfactory degree, the court may consider all of the following:	735

(a) The age of the person;

736

(b) The nature of the case;

737

(c) The cessation or continuation of delinquent, unruly, or	738
criminal behavior;	739

(d) The education and employment history of the person;

740

(e) Any other circumstances that may relate to the	741
rehabilitation of the person who is the subject of the records	742
under consideration.	743

(C) If the juvenile court is notified by any party in a civil	744
action that a civil action has been filed based on a case the	745
records for which are the subject of a sealing order, the juvenile	746
court shall not expunge a record sealed under section 2151.356 of	747
the Revised Code until the civil action has been resolved and is	748
not subject to further appellate review, at which time the records	749
shall be expunged pursuant to division (A) of this section.	750

(D) After the records have been expunged, the person who is	751
the subject of the expunged records properly may, and the court	752
shall, reply that no record exists with respect to the person upon	753
any inquiry in the matter.	754

Sec. 2151.357.        Sec. 2151.362.  In the manner prescribed by division	755
(C)(2) of section 3313.64 of the Revised Code, the court, at the	756
time of making any order that removes a child from the child's own	757
home or that vests legal or permanent custody of the child in a	758
person other than the child's parent or a government agency, shall	759
determine the school district that is to bear the cost of	760
educating the child. The court shall make the determination a part	761
of the order that provides for the child's placement or	762
commitment.	763

Whenever a child is placed in a detention facility	764
established under section 2152.41 of the Revised Code or a	765
juvenile facility established under section 2151.65 of the Revised	766
Code, the child's school district as determined by the court shall	767
pay the cost of educating the child based on the per capita cost	768
of the educational facility within the detention home or juvenile	769
facility.	770

Whenever a child is placed by the court in a private	771
institution, school, or residential treatment center or any other	772
private facility, the state shall pay to the court a subsidy to	773
help defray the expense of educating the child in an amount equal	774
to the product of the daily per capita educational cost of the	775
private facility, as determined pursuant to this section, and the	776
number of days the child resides at the private facility, provided	777
that the subsidy shall not exceed twenty-five hundred dollars per	778
year per child. The daily per capita educational cost of a private	779
facility shall be determined by dividing the actual program cost	780
of the private facility or twenty-five hundred dollars, whichever	781
is less, by three hundred sixty-five days or by three hundred	782
sixty-six days for years that include February twenty-ninth. The	783
state shall pay seventy-five per cent of the total subsidy for	784
each year quarterly to the court. The state may adjust the	785
remaining twenty-five per cent of the total subsidy to be paid to	786
the court for each year to an amount that is less than twenty-five	787
per cent of the total subsidy for that year based upon the	788
availability of funds appropriated to the department of education	789
for the purpose of subsidizing courts that place a child in a	790
private institution, school, or residential treatment center or	791
any other private facility and shall pay that adjusted amount to	792
the court at the end of the year.	793

Sec. 2152.72.  (A) This section applies only to a child who	794
is or previously has been adjudicated a delinquent child for an	795
act to which any of the following applies:	796

(1) The act is a violation of section 2903.01, 2903.02,	797
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	798
2907.05 of the Revised Code.	799

(2) The act is a violation of section 2923.01 of the Revised	800
Code and involved an attempt to commit aggravated murder or	801
murder.	802

(3) The act would be a felony if committed by an adult, and	803
the court determined that the child, if an adult, would be guilty	804
of a specification found in section 2941.141, 2941.144, or	805
2941.145 of the Revised Code or in another section of the Revised	806
Code that relates to the possession or use of a firearm during the	807
commission of the act for which the child was adjudicated a	808
delinquent child.	809

(4) The act would be an offense of violence that is a felony	810
if committed by an adult, and the court determined that the child,	811
if an adult, would be guilty of a specification found in section	812
2941.1411 of the Revised Code or in another section of the Revised	813
Code that relates to the wearing or carrying of body armor during	814
the commission of the act for which the child was adjudicated a	815
delinquent child.	816

(B)(1) Except as provided in division (E) of this section, a	817
public children services agency, private child placing agency,	818
private noncustodial agency, or court, the department of youth	819
services, or another private or government entity shall not place	820
a child in a certified foster home or for adoption until it	821
provides the foster caregivers or prospective adoptive parents	822
with all of the following:	823

(a) A written report describing the child's social history;

824

(b) A written report describing all the acts committed by the	825
child the entity knows of that resulted in the child being	826
adjudicated a delinquent child and the disposition made by the	827
court, unless the records pertaining to the acts have been sealed	828
pursuant to section 2151.3582151.356 of the Revised Code;	829

(c) A written report describing any other violent act	830
committed by the child of which the entity is aware;	831

(d) The substantial and material conclusions and	832
recommendations of any psychiatric or psychological examination	833
conducted on the child or, if no psychological or psychiatric	834
examination of the child is available, the substantial and	835
material conclusions and recommendations of an examination to	836
detect mental and emotional disorders conducted in compliance with	837
the requirements of Chapter 4757. of the Revised Code by an	838
independent social worker, social worker, professional clinical	839
counselor, or professional counselor licensed under that chapter.	840
The entity shall not provide any part of a psychological,	841
psychiatric, or mental and emotional disorder examination to the	842
foster caregivers or prospective adoptive parents other than the	843
substantial and material conclusions.	844

(2) Notwithstanding sectionsections 2151.356 to 2151.358 of	845
the Revised Code, if records of an adjudication that a child is a	846
delinquent child have been sealed pursuant to that sectionthose	847
sections and an entity knows the records have been sealed, the	848
entity shall provide the foster caregivers or prospective adoptive	849
parents a written statement that the records of a prior	850
adjudication have been sealed.	851

(C)(1) The entity that places the child in a certified foster	852
home or for adoption shall conduct a psychological examination of	853
the child unless either of the following applies:	854

(a) An entity is not required to conduct the examination if	855
an examination was conducted no more than one year prior to the	856
child's placement, and division (C)(1)(b) of this section does not	857
apply.	858

(b) An entity is not required to conduct the examination if a	859
foster caregiver seeks to adopt the foster caregiver's foster	860
child, and an examination was conducted no more than two years	861
prior to the date the foster caregiver seeks to adopt the child.	862

(2) No later than sixty days after placing the child, the	863
entity shall provide the foster caregiver or prospective adoptive	864
parents a written report detailing the substantial and material	865
conclusions and recommendations of the examination conducted	866
pursuant to this division.	867

(D)(1) Except as provided in divisions (D)(2) and (3) of this	868
section, the expenses of conducting the examinations and preparing	869
the reports and assessment required by division (B) or (C) of this	870
section shall be paid by the entity that places the child in the	871
certified foster home or for adoption.	872

(2) When a juvenile court grants temporary or permanent	873
custody of a child pursuant to any section of the Revised Code,	874
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	875
Revised Code, to a public children services agency or private	876
child placing agency, the court shall provide the agency the	877
information described in division (B) of this section, pay the	878
expenses of preparing that information, and, if a new examination	879
is required to be conducted, pay the expenses of conducting the	880
examination described in division (C) of this section. On receipt	881
of the information described in division (B) of this section, the	882
agency shall provide to the court written acknowledgment that the	883
agency received the information. The court shall keep the	884
acknowledgment and provide a copy to the agency. On the motion of	885
the agency, the court may terminate the order granting temporary	886
or permanent custody of the child to that agency, if the court	887
does not provide the information described in division (B) of this	888
section.	889

(3) If one of the following entities is placing a child in a	890
certified foster home or for adoption with the assistance of or by	891
contracting with a public children services agency, private child	892
placing agency, or a private noncustodial agency, the entity shall	893
provide the agency with the information described in division (B)	894
of this section, pay the expenses of preparing that information,	895
and, if a new examination is required to be conducted, pay the	896
expenses of conducting the examination described in division (C)	897
of this section:	898

(a) The department of youth services if the placement is	899
pursuant to any section of the Revised Code including section	900
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	901
Code;	902

(b) A juvenile court with temporary or permanent custody of a	903
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	904

(c) A public children services agency or private child	905
placing agency with temporary or permanent custody of the child.	906

The agency receiving the information described in division	907
(B) of this section shall provide the entity described in division	908
(D)(3)(a) to (c) of this section that sent the information written	909
acknowledgment that the agency received the information and	910
provided it to the foster caregivers or prospective adoptive	911
parents. The entity shall keep the acknowledgment and provide a	912
copy to the agency. An entity that places a child in a certified	913
foster home or for adoption with the assistance of or by	914
contracting with an agency remains responsible to provide the	915
information described in division (B) of this section to the	916
foster caregivers or prospective adoptive parents unless the	917
entity receives written acknowledgment that the agency provided	918
the information.	919

(E) If a child is placed in a certified foster home as a	920
result of an emergency removal of the child from home pursuant to	921
division (D) of section 2151.31 of the Revised Code, an emergency	922
change in the child's case plan pursuant to division (E)(3) of	923
section 2151.412 of the Revised Code, or an emergency placement by	924
the department of youth services pursuant to this chapter or	925
Chapter 5139. of the Revised Code, the entity that places the	926
child in the certified foster home shall provide the information	927
described in division (B) of this section no later than ninety-six	928
hours after the child is placed in the certified foster home.	929

(F) On receipt of the information described in divisions (B)	930
and (C) of this section, the foster caregiver or prospective	931
adoptive parents shall provide to the entity that places the child	932
in the foster caregiver's or prospective adoptive parents' home a	933
written acknowledgment that the foster caregiver or prospective	934
adoptive parents received the information. The entity shall keep	935
the acknowledgment and provide a copy to the foster caregiver or	936
prospective adoptive parents.	937

(G) No person employed by an entity subject to this section	938
and made responsible by that entity for the child's placement in a	939
certified foster home or for adoption shall fail to provide the	940
foster caregivers or prospective adoptive parents with the	941
information required by divisions (B) and (C) of this section.	942

(H) It is not a violation of any duty of confidentiality	943
provided for in the Revised Code or a code of professional	944
responsibility for a person or government entity to provide the	945
substantial and material conclusions and recommendations of a	946
psychiatric or psychological examination, or an examination to	947
detect mental and emotional disorders, in accordance with division	948
(B)(1)(d) or (C) of this section.	949

(I) As used in this section:

950

(1) "Body armor" has the same meaning as in section 2941.1411	951
of the Revised Code.	952

(2) "Firearm" has the same meaning as in section 2923.11 of	953
the Revised Code.	954

Sec. 2930.13.  (A) If the court orders the preparation of a	955
victim impact statement pursuant to division (D)(1) of section	956
2152.19 or section 2947.051 of the Revised Code, the victim in the	957
case may make a written or oral statement regarding the impact of	958
the crime or specified delinquent act to the person whom the court	959
orders to prepare the victim impact statement. A statement made by	960
the victim under this section shall be included in the victim	961
impact statement.	962

(B) If a probation officer or other person is preparing a	963
presentence investigation report pursuant to section 2947.06 or	964
2951.03 of the Revised Code or Criminal Rule 32.2, or a	965
disposition investigation report pursuant to section 2151.355	966
2152.18 of the Revised Code, concerning the defendant or alleged	967
juvenile offender in the case, the victim may make a written or	968
oral statement regarding the impact of the crime or specified	969
delinquent act to the probation officer or other person. The	970
probation officer or other person shall use the statement in	971
preparing the presentence investigation report or disposition	972
investigation report and, upon the victim's request, shall include	973
a written statement submitted by the victim in the presentence	974
investigation report or disposition investigation report.	975

(C) A statement made by the victim under division (A) or (B)	976
of this section may include the following:	977

(1) An explanation of the nature and extent of any physical,	978
psychological, or emotional harm suffered by the victim as a	979
result of the crime or specified delinquent act that is the basis	980
of the case;	981

(2) An explanation of the extent of any property damage or	982
other economic loss suffered by the victim as a result of that	983
crime or specified delinquent act;	984

(3) An opinion regarding the extent to which, if any, the	985
victim needs restitution for harm caused by the defendant or	986
alleged juvenile offender as a result of that crime or specified	987
delinquent act and information about whether the victim has	988
applied for or received any compensation for loss or damage caused	989
by that crime or specified delinquent act;	990

(4) The victim's recommendation for an appropriate sanction	991
or disposition for the defendant or alleged juvenile offender	992
regarding that crime or specified delinquent act.	993

(D) If a statement made by a victim under division (A) of	994
this section is included in a victim impact statement, the	995
provision, receipt, and retention of copies of, the use of, and	996
the confidentiality, nonpublic record character, and sealing of	997
the victim impact statement is governed by division (H)(B)(2) of	998
section 2151.3552152.20 or by division (C) of section 2947.051 of	999
the Revised Code, as appropriate. If a statement made by a victim	1000
under division (B) of this section is included in a presentence	1001
investigation report prepared pursuant to section 2947.06 or	1002
2951.03 of the Revised Code or Criminal Rule 32.2 or in a	1003
disposition investigation report pursuant to division (C)(1) of	1004
section 2152.18 of the Revised Code, the provision, receipt, and	1005
retention of copies of, the use of, and the confidentiality,	1006
nonpublic record character, and sealing of the presentence	1007
investigation report or disposition investigation report that	1008
contains the victim's statement is governed by section 2951.03 of	1009
the Revised Code.	1010

Sec. 3301.0714.  (A) The state board of education shall adopt	1011
rules for a statewide education management information system. The	1012
rules shall require the state board to establish guidelines for	1013
the establishment and maintenance of the system in accordance with	1014
this section and the rules adopted under this section. The	1015
guidelines shall include:	1016

(1) Standards identifying and defining the types of data in	1017
the system in accordance with divisions (B) and (C) of this	1018
section;	1019

(2) Procedures for annually collecting and reporting the data	1020
to the state board in accordance with division (D) of this	1021
section;	1022

(3) Procedures for annually compiling the data in accordance	1023
with division (G) of this section;	1024

(4) Procedures for annually reporting the data to the public	1025
in accordance with division (H) of this section.	1026

(B) The guidelines adopted under this section shall require	1027
the data maintained in the education management information system	1028
to include at least the following:	1029

(1) Student participation and performance data, for each	1030
grade in each school district as a whole and for each grade in	1031
each school building in each school district, that includes:	1032

(a) The numbers of students receiving each category of	1033
instructional service offered by the school district, such as	1034
regular education instruction, vocational education instruction,	1035
specialized instruction programs or enrichment instruction that is	1036
part of the educational curriculum, instruction for gifted	1037
students, instruction for handicapped students, and remedial	1038
instruction. The guidelines shall require instructional services	1039
under this division to be divided into discrete categories if an	1040
instructional service is limited to a specific subject, a specific	1041
type of student, or both, such as regular instructional services	1042
in mathematics, remedial reading instructional services,	1043
instructional services specifically for students gifted in	1044
mathematics or some other subject area, or instructional services	1045
for students with a specific type of handicap. The categories of	1046
instructional services required by the guidelines under this	1047
division shall be the same as the categories of instructional	1048
services used in determining cost units pursuant to division	1049
(C)(3) of this section.	1050

(b) The numbers of students receiving support or	1051
extracurricular services for each of the support services or	1052
extracurricular programs offered by the school district, such as	1053
counseling services, health services, and extracurricular sports	1054
and fine arts programs. The categories of services required by the	1055
guidelines under this division shall be the same as the categories	1056
of services used in determining cost units pursuant to division	1057
(C)(4)(a) of this section.	1058

(c) Average student grades in each subject in grades nine	1059
through twelve;	1060

(d) Academic achievement levels as assessed by the testing of	1061
student achievement under sections 3301.0710 and 3301.0711 of the	1062
Revised Code;	1063

(e) The number of students designated as having a	1064
handicapping condition pursuant to division (C)(1) of section	1065
3301.0711 of the Revised Code;	1066

(f) The numbers of students reported to the state board	1067
pursuant to division (C)(2) of section 3301.0711 of the Revised	1068
Code;	1069

(g) Attendance rates and the average daily attendance for the	1070
year. For purposes of this division, a student shall be counted as	1071
present for any field trip that is approved by the school	1072
administration.	1073

(h) Expulsion rates;

1074

(i) Suspension rates;

1075

(j) The percentage of students receiving corporal punishment;

1076

(k) Dropout rates;

1077

(l) Rates of retention in grade;

1078

(m) For pupils in grades nine through twelve, the average	1079
number of carnegie units, as calculated in accordance with state	1080
board of education rules;	1081

(n) Graduation rates, to be calculated in a manner specified	1082
by the department of education that reflects the rate at which	1083
students who were in the ninth grade three years prior to the	1084
current year complete school and that is consistent with	1085
nationally accepted reporting requirements;	1086

(o) Results of diagnostic assessments administered to	1087
kindergarten students as required under section 3301.0715 of the	1088
Revised Code to permit a comparison of the academic readiness of	1089
kindergarten students. However, no district shall be required to	1090
report to the department the results of any diagnostic assessment	1091
administered to a kindergarten student if the parent of that	1092
student requests the district not to report those results.	1093

(2) Personnel and classroom enrollment data for each school	1094
district, including:	1095

(a) The total numbers of licensed employees and nonlicensed	1096
employees and the numbers of full-time equivalent licensed	1097
employees and nonlicensed employees providing each category of	1098
instructional service, instructional support service, and	1099
administrative support service used pursuant to division (C)(3) of	1100
this section. The guidelines adopted under this section shall	1101
require these categories of data to be maintained for the school	1102
district as a whole and, wherever applicable, for each grade in	1103
the school district as a whole, for each school building as a	1104
whole, and for each grade in each school building.	1105

(b) The total number of employees and the number of full-time	1106
equivalent employees providing each category of service used	1107
pursuant to divisions (C)(4)(a) and (b) of this section, and the	1108
total numbers of licensed employees and nonlicensed employees and	1109
the numbers of full-time equivalent licensed employees and	1110
nonlicensed employees providing each category used pursuant to	1111
division (C)(4)(c) of this section. The guidelines adopted under	1112
this section shall require these categories of data to be	1113
maintained for the school district as a whole and, wherever	1114
applicable, for each grade in the school district as a whole, for	1115
each school building as a whole, and for each grade in each school	1116
building.	1117

(c) The total number of regular classroom teachers teaching	1118
classes of regular education and the average number of pupils	1119
enrolled in each such class, in each of grades kindergarten	1120
through five in the district as a whole and in each school	1121
building in the school district.	1122

(d) The number of master teachers employed by each school	1123
district and each school building, once a definition of master	1124
teacher has been developed by the educator standards board	1125
pursuant to section 3319.61 of the Revised Code.	1126

(3)(a) Student demographic data for each school district,	1127
including information regarding the gender ratio of the school	1128
district's pupils, the racial make-up of the school district's	1129
pupils, the number of limited English proficient students in the	1130
district, and an appropriate measure of the number of the school	1131
district's pupils who reside in economically disadvantaged	1132
households. The demographic data shall be collected in a manner to	1133
allow correlation with data collected under division (B)(1) of	1134
this section. Categories for data collected pursuant to division	1135
(B)(3) of this section shall conform, where appropriate, to	1136
standard practices of agencies of the federal government.	1137

(b) With respect to each student entering kindergarten,	1138
whether the student previously participated in a public preschool	1139
program, a private preschool program, or a head start program, and	1140
the number of years the student participated in each of these	1141
programs.	1142

(4) Any data required to be collected pursuant to federal	1143
law.	1144

(C) The education management information system shall include	1145
cost accounting data for each district as a whole and for each	1146
school building in each school district. The guidelines adopted	1147
under this section shall require the cost data for each school	1148
district to be maintained in a system of mutually exclusive cost	1149
units and shall require all of the costs of each school district	1150
to be divided among the cost units. The guidelines shall require	1151
the system of mutually exclusive cost units to include at least	1152
the following:	1153

(1) Administrative costs for the school district as a whole.	1154
The guidelines shall require the cost units under this division	1155
(C)(1) to be designed so that each of them may be compiled and	1156
reported in terms of average expenditure per pupil in formula ADM	1157
in the school district, as determined pursuant to section 3317.03	1158
of the Revised Code.	1159

(2) Administrative costs for each school building in the	1160
school district. The guidelines shall require the cost units under	1161
this division (C)(2) to be designed so that each of them may be	1162
compiled and reported in terms of average expenditure per	1163
full-time equivalent pupil receiving instructional or support	1164
services in each building.	1165

(3) Instructional services costs for each category of	1166
instructional service provided directly to students and required	1167
by guidelines adopted pursuant to division (B)(1)(a) of this	1168
section. The guidelines shall require the cost units under	1169
division (C)(3) of this section to be designed so that each of	1170
them may be compiled and reported in terms of average expenditure	1171
per pupil receiving the service in the school district as a whole	1172
and average expenditure per pupil receiving the service in each	1173
building in the school district and in terms of a total cost for	1174
each category of service and, as a breakdown of the total cost, a	1175
cost for each of the following components:	1176

(a) The cost of each instructional services category required	1177
by guidelines adopted under division (B)(1)(a) of this section	1178
that is provided directly to students by a classroom teacher;	1179

(b) The cost of the instructional support services, such as	1180
services provided by a speech-language pathologist, classroom	1181
aide, multimedia aide, or librarian, provided directly to students	1182
in conjunction with each instructional services category;	1183

(c) The cost of the administrative support services related	1184
to each instructional services category, such as the cost of	1185
personnel that develop the curriculum for the instructional	1186
services category and the cost of personnel supervising or	1187
coordinating the delivery of the instructional services category.	1188

(4) Support or extracurricular services costs for each	1189
category of service directly provided to students and required by	1190
guidelines adopted pursuant to division (B)(1)(b) of this section.	1191
The guidelines shall require the cost units under division (C)(4)	1192
of this section to be designed so that each of them may be	1193
compiled and reported in terms of average expenditure per pupil	1194
receiving the service in the school district as a whole and	1195
average expenditure per pupil receiving the service in each	1196
building in the school district and in terms of a total cost for	1197
each category of service and, as a breakdown of the total cost, a	1198
cost for each of the following components:	1199

(a) The cost of each support or extracurricular services	1200
category required by guidelines adopted under division (B)(1)(b)	1201
of this section that is provided directly to students by a	1202
licensed employee, such as services provided by a guidance	1203
counselor or any services provided by a licensed employee under a	1204
supplemental contract;	1205

(b) The cost of each such services category provided directly	1206
to students by a nonlicensed employee, such as janitorial	1207
services, cafeteria services, or services of a sports trainer;	1208

(c) The cost of the administrative services related to each	1209
services category in division (C)(4)(a) or (b) of this section,	1210
such as the cost of any licensed or nonlicensed employees that	1211
develop, supervise, coordinate, or otherwise are involved in	1212
administering or aiding the delivery of each services category.	1213

(D)(1) The guidelines adopted under this section shall	1214
require school districts to collect information about individual	1215
students, staff members, or both in connection with any data	1216
required by division (B) or (C) of this section or other reporting	1217
requirements established in the Revised Code. The guidelines may	1218
also require school districts to report information about	1219
individual staff members in connection with any data required by	1220
division (B) or (C) of this section or other reporting	1221
requirements established in the Revised Code. The guidelines shall	1222
not authorize school districts to request social security numbers	1223
of individual students. The guidelines shall prohibit the	1224
reporting under this section of a student's name, address, and	1225
social security number to the state board of education or the	1226
department of education. The guidelines shall also prohibit the	1227
reporting under this section of any personally identifiable	1228
information about any student, except for the purpose of assigning	1229
the data verification code required by division (D)(2) of this	1230
section, to any other person unless such person is employed by the	1231
school district or the data acquisition site operated under	1232
section 3301.075 of the Revised Code and is authorized by the	1233
district or acquisition site to have access to such information or	1234
is employed by an entity with which the department contracts for	1235
the scoring of tests administered under section 3301.0711 or	1236
3301.0712 of the Revised Code. The guidelines may require school	1237
districts to provide the social security numbers of individual	1238
staff members.	1239

(2) The guidelines shall provide for each school district or	1240
community school to assign a data verification code that is unique	1241
on a statewide basis over time to each student whose initial Ohio	1242
enrollment is in that district or school and to report all	1243
required individual student data for that student utilizing such	1244
code. The guidelines shall also provide for assigning data	1245
verification codes to all students enrolled in districts or	1246
community schools on the effective date of the guidelines	1247
established under this section.	1248

Individual student data shall be reported to the department	1249
through the data acquisition sites utilizing the code but at no	1250
time shall the state board or the department have access to	1251
information that would enable any data verification code to be	1252
matched to personally identifiable student data.	1253

Each school district shall ensure that the data verification	1254
code is included in the student's records reported to any	1255
subsequent school district or community school in which the	1256
student enrolls. Any such subsequent district or school shall	1257
utilize the same identifier in its reporting of data under this	1258
section.	1259

(E) The guidelines adopted under this section may require	1260
school districts to collect and report data, information, or	1261
reports other than that described in divisions (A), (B), and (C)	1262
of this section for the purpose of complying with other reporting	1263
requirements established in the Revised Code. The other data,	1264
information, or reports may be maintained in the education	1265
management information system but are not required to be compiled	1266
as part of the profile formats required under division (G) of this	1267
section or the annual statewide report required under division (H)	1268
of this section.	1269

(F) Beginning with the school year that begins July 1, 1991,	1270
the board of education of each school district shall annually	1271
collect and report to the state board, in accordance with the	1272
guidelines established by the board, the data required pursuant to	1273
this section. A school district may collect and report these data	1274
notwithstanding section 2151.3582151.357 or 3319.321 of the	1275
Revised Code.	1276

(G) The state board shall, in accordance with the procedures	1277
it adopts, annually compile the data reported by each school	1278
district pursuant to division (D) of this section. The state board	1279
shall design formats for profiling each school district as a whole	1280
and each school building within each district and shall compile	1281
the data in accordance with these formats. These profile formats	1282
shall:	1283

(1) Include all of the data gathered under this section in a	1284
manner that facilitates comparison among school districts and	1285
among school buildings within each school district;	1286

(2) Present the data on academic achievement levels as	1287
assessed by the testing of student achievement maintained pursuant	1288
to division (B)(1)(d) of this section.	1289

(H)(1) The state board shall, in accordance with the	1290
procedures it adopts, annually prepare a statewide report for all	1291
school districts and the general public that includes the profile	1292
of each of the school districts developed pursuant to division (G)	1293
of this section. Copies of the report shall be sent to each school	1294
district.	1295

(2) The state board shall, in accordance with the procedures	1296
it adopts, annually prepare an individual report for each school	1297
district and the general public that includes the profiles of each	1298
of the school buildings in that school district developed pursuant	1299
to division (G) of this section. Copies of the report shall be	1300
sent to the superintendent of the district and to each member of	1301
the district board of education.	1302

(3) Copies of the reports received from the state board under	1303
divisions (H)(1) and (2) of this section shall be made available	1304
to the general public at each school district's offices. Each	1305
district board of education shall make copies of each report	1306
available to any person upon request and payment of a reasonable	1307
fee for the cost of reproducing the report. The board shall	1308
annually publish in a newspaper of general circulation in the	1309
school district, at least twice during the two weeks prior to the	1310
week in which the reports will first be available, a notice	1311
containing the address where the reports are available and the	1312
date on which the reports will be available.	1313

(I) Any data that is collected or maintained pursuant to this	1314
section and that identifies an individual pupil is not a public	1315
record for the purposes of section 149.43 of the Revised Code.	1316

(J) As used in this section:

1317

(1) "School district" means any city, local, exempted	1318
village, or joint vocational school district.	1319

(2) "Cost" means any expenditure for operating expenses made	1320
by a school district excluding any expenditures for debt	1321
retirement except for payments made to any commercial lending	1322
institution for any loan approved pursuant to section 3313.483 of	1323
the Revised Code.	1324

(K) Any person who removes data from the information system	1325
established under this section for the purpose of releasing it to	1326
any person not entitled under law to have access to such	1327
information is subject to section 2913.42 of the Revised Code	1328
prohibiting tampering with data.	1329

(L) Any time the department of education determines that a	1330
school district has taken any of the actions described under	1331
division (L)(1), (2), or (3) of this section, it shall make a	1332
report of the actions of the district, send a copy of the report	1333
to the superintendent of such school district, and maintain a copy	1334
of the report in its files:	1335

(1) The school district fails to meet any deadline	1336
established pursuant to this section for the reporting of any data	1337
to the education management information system;	1338

(2) The school district fails to meet any deadline	1339
established pursuant to this section for the correction of any	1340
data reported to the education management information system;	1341

(3) The school district reports data to the education	1342
management information system in a condition, as determined by the	1343
department, that indicates that the district did not make a good	1344
faith effort in reporting the data to the system.	1345

Any report made under this division shall include	1346
recommendations for corrective action by the school district.	1347

Upon making a report for the first time in a fiscal year, the	1348
department shall withhold ten per cent of the total amount due	1349
during that fiscal year under Chapter 3317. of the Revised Code to	1350
the school district to which the report applies. Upon making a	1351
second report in a fiscal year, the department shall withhold an	1352
additional twenty per cent of such total amount due during that	1353
fiscal year to the school district to which the report applies.	1354
The department shall not release such funds unless it determines	1355
that the district has taken corrective action. However, no such	1356
release of funds shall occur if the district fails to take	1357
corrective action within forty-five days of the date upon which	1358
the report was made by the department.	1359

(M) No data acquisition site or school district shall	1360
acquire, change, or update its student administration software	1361
package to manage and report data required to be reported to the	1362
department unless it converts to a student software package that	1363
is certified by the department.	1364

(N) The state board of education, in accordance with sections	1365
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1366
license as defined under division (A) of section 3319.31 of the	1367
Revised Code that has been issued to any school district employee	1368
found to have willfully reported erroneous, inaccurate, or	1369
incomplete data to the education management information system.	1370

(O) No person shall release or maintain any information about	1371
any student in violation of this section. Whoever violates this	1372
division is guilty of a misdemeanor of the fourth degree.	1373

(P) The department shall disaggregate the data collected	1374
under division (B)(1)(o) of this section according to the race and	1375
socioeconomic status of the students assessed. No data collected	1376
under that division shall be included on the report cards required	1377
by section 3302.03 of the Revised Code.	1378

(Q) If the department cannot compile any of the information	1379
required by division (C)(5) of section 3302.03 of the Revised Code	1380
based upon the data collected under this section, the department	1381
shall develop a plan and a reasonable timeline for the collection	1382
of any data necessary to comply with that division.	1383

Sec. 3313.64.  (A) As used in this section and in section	1384
3313.65 of the Revised Code:	1385

(1)(a) Except as provided in division (A)(1)(b) of this	1386
section, "parent" means either parent, unless the parents are	1387
separated or divorced or their marriage has been dissolved or	1388
annulled, in which case "parent" means the parent who is the	1389
residential parent and legal custodian of the child. When a child	1390
is in the legal custody of a government agency or a person other	1391
than the child's natural or adoptive parent, "parent" means the	1392
parent with residual parental rights, privileges, and	1393
responsibilities. When a child is in the permanent custody of a	1394
government agency or a person other than the child's natural or	1395
adoptive parent, "parent" means the parent who was divested of	1396
parental rights and responsibilities for the care of the child and	1397
the right to have the child live with the parent and be the legal	1398
custodian of the child and all residual parental rights,	1399
privileges, and responsibilities.	1400

(b) When a child is the subject of a power of attorney	1401
executed under sections 3109.51 to 3109.62 of the Revised Code,	1402
"parent" means the grandparent designated as attorney in fact	1403
under the power of attorney. When a child is the subject of a	1404
caretaker authorization affidavit executed under sections 3109.64	1405
to 3109.73 of the Revised Code, "parent" means the grandparent	1406
that executed the affidavit.	1407

(2) "Legal custody," "permanent custody," and "residual	1408
parental rights, privileges, and responsibilities" have the same	1409
meanings as in section 2151.011 of the Revised Code.	1410

(3) "School district" or "district" means a city, local, or	1411
exempted village school district and excludes any school operated	1412
in an institution maintained by the department of youth services.	1413

(4) Except as used in division (C)(2) of this section, "home"	1414
means a home, institution, foster home, group home, or other	1415
residential facility in this state that receives and cares for	1416
children, to which any of the following applies:	1417

(a) The home is licensed, certified, or approved for such	1418
purpose by the state or is maintained by the department of youth	1419
services.	1420

(b) The home is operated by a person who is licensed,	1421
certified, or approved by the state to operate the home for such	1422
purpose.	1423

(c) The home accepted the child through a placement by a	1424
person licensed, certified, or approved to place a child in such a	1425
home by the state.	1426

(d) The home is a children's home created under section	1427
5153.21 or 5153.36 of the Revised Code.	1428

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

1429

(a) A public children services agency;

1430

(b) An organization that holds a certificate issued by the	1431
Ohio department of job and family services in accordance with the	1432
requirements of section 5103.03 of the Revised Code and assumes	1433
temporary or permanent custody of children through commitment,	1434
agreement, or surrender, and places children in family homes for	1435
the purpose of adoption;	1436

(c) Comparable agencies of other states or countries that	1437
have complied with applicable requirements of section 2151.39, or	1438
sections 5103.20 to 5103.28 of the Revised Code.	1439

(6) A child is placed for adoption if either of the following	1440
occurs:	1441

(a) An agency to which the child has been permanently	1442
committed or surrendered enters into an agreement with a person	1443
pursuant to section 5103.16 of the Revised Code for the care and	1444
adoption of the child.	1445

(b) The child's natural parent places the child pursuant to	1446
section 5103.16 of the Revised Code with a person who will care	1447
for and adopt the child.	1448

(7) "Handicapped preschool child" means a handicapped child,	1449
as defined by division (A) of section 3323.01 of the Revised Code,	1450
who is at least three years of age but is not of compulsory school	1451
age, as defined in section 3321.01 of the Revised Code, and who is	1452
not currently enrolled in kindergarten.	1453

(8) "Child," unless otherwise indicated, includes handicapped	1454
preschool children.	1455

(9) "Active duty" means active duty pursuant to an executive	1456
order of the president of the United States, an act of the	1457
congress of the United States, or section 5919.29 or 5923.21 of	1458
the Revised Code.	1459

(B) Except as otherwise provided in section 3321.01 of the	1460
Revised Code for admittance to kindergarten and first grade, a	1461
child who is at least five but under twenty-two years of age and	1462
any handicapped preschool child shall be admitted to school as	1463
provided in this division.	1464

(1) A child shall be admitted to the schools of the school	1465
district in which the child's parent resides.	1466

(2) A child who does not reside in the district where the	1467
child's parent resides shall be admitted to the schools of the	1468
district in which the child resides if any of the following	1469
applies:	1470

(a) The child is in the legal or permanent custody of a	1471
government agency or a person other than the child's natural or	1472
adoptive parent.	1473

(b) The child resides in a home.

1474

(c) The child requires special education.

1475

(3) A child who is not entitled under division (B)(2) of this	1476
section to be admitted to the schools of the district where the	1477
child resides and who is residing with a resident of this state	1478
with whom the child has been placed for adoption shall be admitted	1479
to the schools of the district where the child resides unless	1480
either of the following applies:	1481

(a) The placement for adoption has been terminated.

1482

(b) Another school district is required to admit the child	1483
under division (B)(1) of this section.	1484

Division (B) of this section does not prohibit the board of	1485
education of a school district from placing a handicapped child	1486
who resides in the district in a special education program outside	1487
of the district or its schools in compliance with Chapter 3323. of	1488
the Revised Code.	1489

(C) A district shall not charge tuition for children admitted	1490
under division (B)(1) or (3) of this section. If the district	1491
admits a child under division (B)(2) of this section, tuition	1492
shall be paid to the district that admits the child as follows:	1493

(1) If the child receives special education in accordance	1494
with Chapter 3323. of the Revised Code, tuition shall be paid in	1495
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	1496
the Revised Code regardless of who has custody of the child or	1497
whether the child resides in a home.	1498

(2) Except as otherwise provided in division (C)(2)(d) of	1499
this section, if the child is in the permanent or legal custody of	1500
a government agency or person other than the child's parent,	1501
tuition shall be paid by:	1502

(a) The district in which the child's parent resided at the	1503
time the court removed the child from home or at the time the	1504
court vested legal or permanent custody of the child in the person	1505
or government agency, whichever occurred first;	1506

(b) If the parent's residence at the time the court removed	1507
the child from home or placed the child in the legal or permanent	1508
custody of the person or government agency is unknown, tuition	1509
shall be paid by the district in which the child resided at the	1510
time the child was removed from home or placed in legal or	1511
permanent custody, whichever occurred first;	1512

(c) If a school district cannot be established under division	1513
(C)(2)(a) or (b) of this section, tuition shall be paid by the	1514
district determined as required by section 2151.3572151.362 of	1515
the Revised Code by the court at the time it vests custody of the	1516
child in the person or government agency;	1517

(d) If at the time the court removed the child from home or	1518
vested legal or permanent custody of the child in the person or	1519
government agency, whichever occurred first, one parent was in a	1520
residential or correctional facility or a juvenile residential	1521
placement and the other parent, if living and not in such a	1522
facility or placement, was not known to reside in this state,	1523
tuition shall be paid by the district determined under division	1524
(D) of section 3313.65 of the Revised Code as the district	1525
required to pay any tuition while the parent was in such facility	1526
or placement.	1527

(3) If the child is not in the permanent or legal custody of	1528
a government agency or person other than the child's parent and	1529
the child resides in a home, tuition shall be paid by one of the	1530
following:	1531

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

1532

(b) If the child's parent is not a resident of this state,	1533
the home in which the child resides.	1534

(D) Tuition required to be paid under divisions (C)(2) and	1535
(3)(a) of this section shall be computed in accordance with	1536
section 3317.08 of the Revised Code. Tuition required to be paid	1537
under division (C)(3)(b) of this section shall be computed in	1538
accordance with section 3317.081 of the Revised Code. If a home	1539
fails to pay the tuition required by division (C)(3)(b) of this	1540
section, the board of education providing the education may	1541
recover in a civil action the tuition and the expenses incurred in	1542
prosecuting the action, including court costs and reasonable	1543
attorney's fees. If the prosecuting attorney or city director of	1544
law represents the board in such action, costs and reasonable	1545
attorney's fees awarded by the court, based upon the prosecuting	1546
attorney's, director's, or one of their designee's time spent	1547
preparing and presenting the case, shall be deposited in the	1548
county or city general fund.	1549

(E) A board of education may enroll a child free of any	1550
tuition obligation for a period not to exceed sixty days, on the	1551
sworn statement of an adult resident of the district that the	1552
resident has initiated legal proceedings for custody of the child.	1553

(F) In the case of any individual entitled to attend school	1554
under this division, no tuition shall be charged by the school	1555
district of attendance and no other school district shall be	1556
required to pay tuition for the individual's attendance.	1557
Notwithstanding division (B), (C), or (E) of this section:	1558

(1) All persons at least eighteen but under twenty-two years	1559
of age who live apart from their parents, support themselves by	1560
their own labor, and have not successfully completed the high	1561
school curriculum or the individualized education program	1562
developed for the person by the high school pursuant to section	1563
3323.08 of the Revised Code, are entitled to attend school in the	1564
district in which they reside.	1565

(2) Any child under eighteen years of age who is married is	1566
entitled to attend school in the child's district of residence.	1567

(3) A child is entitled to attend school in the district in	1568
which either of the child's parents is employed if the child has a	1569
medical condition that may require emergency medical attention.	1570
The parent of a child entitled to attend school under division	1571
(F)(3) of this section shall submit to the board of education of	1572
the district in which the parent is employed a statement from the	1573
child's physician certifying that the child's medical condition	1574
may require emergency medical attention. The statement shall be	1575
supported by such other evidence as the board may require.	1576

(4) Any child residing with a person other than the child's	1577
parent is entitled, for a period not to exceed twelve months, to	1578
attend school in the district in which that person resides if the	1579
child's parent files an affidavit with the superintendent of the	1580
district in which the person with whom the child is living resides	1581
stating all of the following:	1582

(a) That the parent is serving outside of the state in the	1583
armed services of the United States;	1584

(b) That the parent intends to reside in the district upon	1585
returning to this state;	1586

(c) The name and address of the person with whom the child is	1587
living while the parent is outside the state.	1588

(5) Any child under the age of twenty-two years who, after	1589
the death of a parent, resides in a school district other than the	1590
district in which the child attended school at the time of the	1591
parent's death is entitled to continue to attend school in the	1592
district in which the child attended school at the time of the	1593
parent's death for the remainder of the school year, subject to	1594
approval of that district board.	1595

(6) A child under the age of twenty-two years who resides	1596
with a parent who is having a new house built in a school district	1597
outside the district where the parent is residing is entitled to	1598
attend school for a period of time in the district where the new	1599
house is being built. In order to be entitled to such attendance,	1600
the parent shall provide the district superintendent with the	1601
following:	1602

(a) A sworn statement explaining the situation, revealing the	1603
location of the house being built, and stating the parent's	1604
intention to reside there upon its completion;	1605

(b) A statement from the builder confirming that a new house	1606
is being built for the parent and that the house is at the	1607
location indicated in the parent's statement.	1608

(7) A child under the age of twenty-two years residing with a	1609
parent who has a contract to purchase a house in a school district	1610
outside the district where the parent is residing and who is	1611
waiting upon the date of closing of the mortgage loan for the	1612
purchase of such house is entitled to attend school for a period	1613
of time in the district where the house is being purchased. In	1614
order to be entitled to such attendance, the parent shall provide	1615
the district superintendent with the following:	1616

(a) A sworn statement explaining the situation, revealing the	1617
location of the house being purchased, and stating the parent's	1618
intent to reside there;	1619

(b) A statement from a real estate broker or bank officer	1620
confirming that the parent has a contract to purchase the house,	1621
that the parent is waiting upon the date of closing of the	1622
mortgage loan, and that the house is at the location indicated in	1623
the parent's statement.	1624

The district superintendent shall establish a period of time	1625
not to exceed ninety days during which the child entitled to	1626
attend school under division (F)(6) or (7) of this section may	1627
attend without tuition obligation. A student attending a school	1628
under division (F)(6) or (7) of this section shall be eligible to	1629
participate in interscholastic athletics under the auspices of	1630
that school, provided the board of education of the school	1631
district where the student's parent resides, by a formal action,	1632
releases the student to participate in interscholastic athletics	1633
at the school where the student is attending, and provided the	1634
student receives any authorization required by a public agency or	1635
private organization of which the school district is a member	1636
exercising authority over interscholastic sports.	1637

(8) A child whose parent is a full-time employee of a city,	1638
local, or exempted village school district, or of an educational	1639
service center, may be admitted to the schools of the district	1640
where the child's parent is employed, or in the case of a child	1641
whose parent is employed by an educational service center, in the	1642
district that serves the location where the parent's job is	1643
primarily located, provided the district board of education	1644
establishes such an admission policy by resolution adopted by a	1645
majority of its members. Any such policy shall take effect on the	1646
first day of the school year and the effective date of any	1647
amendment or repeal may not be prior to the first day of the	1648
subsequent school year. The policy shall be uniformly applied to	1649
all such children and shall provide for the admission of any such	1650
child upon request of the parent. No child may be admitted under	1651
this policy after the first day of classes of any school year.	1652

(9) A child who is with the child's parent under the care of	1653
a shelter for victims of domestic violence, as defined in section	1654
3113.33 of the Revised Code, is entitled to attend school free in	1655
the district in which the child is with the child's parent, and no	1656
other school district shall be required to pay tuition for the	1657
child's attendance in that school district.	1658

The enrollment of a child in a school district under this	1659
division shall not be denied due to a delay in the school	1660
district's receipt of any records required under section 3313.672	1661
of the Revised Code or any other records required for enrollment.	1662
Any days of attendance and any credits earned by a child while	1663
enrolled in a school district under this division shall be	1664
transferred to and accepted by any school district in which the	1665
child subsequently enrolls. The state board of education shall	1666
adopt rules to ensure compliance with this division.	1667

(10) Any child under the age of twenty-two years whose parent	1668
has moved out of the school district after the commencement of	1669
classes in the child's senior year of high school is entitled,	1670
subject to the approval of that district board, to attend school	1671
in the district in which the child attended school at the time of	1672
the parental move for the remainder of the school year and for one	1673
additional semester or equivalent term. A district board may also	1674
adopt a policy specifying extenuating circumstances under which a	1675
student may continue to attend school under division (F)(10) of	1676
this section for an additional period of time in order to	1677
successfully complete the high school curriculum for the	1678
individualized education program developed for the student by the	1679
high school pursuant to section 3323.08 of the Revised Code.	1680

(11) As used in this division, "grandparent" means a parent	1681
of a parent of a child. A child under the age of twenty-two years	1682
who is in the custody of the child's parent, resides with a	1683
grandparent, and does not require special education is entitled to	1684
attend the schools of the district in which the child's	1685
grandparent resides, provided that, prior to such attendance in	1686
any school year, the board of education of the school district in	1687
which the child's grandparent resides and the board of education	1688
of the school district in which the child's parent resides enter	1689
into a written agreement specifying that good cause exists for	1690
such attendance, describing the nature of this good cause, and	1691
consenting to such attendance.	1692

In lieu of a consent form signed by a parent, a board of	1693
education may request the grandparent of a child attending school	1694
in the district in which the grandparent resides pursuant to	1695
division (F)(11) of this section to complete any consent form	1696
required by the district, including any authorization required by	1697
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	1698
Upon request, the grandparent shall complete any consent form	1699
required by the district. A school district shall not incur any	1700
liability solely because of its receipt of a consent form from a	1701
grandparent in lieu of a parent.	1702

Division (F)(11) of this section does not create, and shall	1703
not be construed as creating, a new cause of action or substantive	1704
legal right against a school district, a member of a board of	1705
education, or an employee of a school district. This section does	1706
not affect, and shall not be construed as affecting, any	1707
immunities from defenses to tort liability created or recognized	1708
by Chapter 2744. of the Revised Code for a school district,	1709
member, or employee.	1710

(12) A child under the age of twenty-two years is entitled to	1711
attend school in a school district other than the district in	1712
which the child is entitled to attend school under division (B),	1713
(C), or (E) of this section provided that, prior to such	1714
attendance in any school year, both of the following occur:	1715

(a) The superintendent of the district in which the child is	1716
entitled to attend school under division (B), (C), or (E) of this	1717
section contacts the superintendent of another district for	1718
purposes of this division;	1719

(b) The superintendents of both districts enter into a	1720
written agreement that consents to the attendance and specifies	1721
that the purpose of such attendance is to protect the student's	1722
physical or mental well-being or to deal with other extenuating	1723
circumstances deemed appropriate by the superintendents.	1724

While an agreement is in effect under this division for a	1725
student who is not receiving special education under Chapter 3323.	1726
of the Revised Code and notwithstanding Chapter 3327. of the	1727
Revised Code, the board of education of neither school district	1728
involved in the agreement is required to provide transportation	1729
for the student to and from the school where the student attends.	1730

A student attending a school of a district pursuant to this	1731
division shall be allowed to participate in all student	1732
activities, including interscholastic athletics, at the school	1733
where the student is attending on the same basis as any student	1734
who has always attended the schools of that district while of	1735
compulsory school age.	1736

(13) All school districts shall comply with the	1737
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	1738
seq., for the education of homeless children. Each city, local,	1739
and exempted village school district shall comply with the	1740
requirements of that act governing the provision of a free,	1741
appropriate public education, including public preschool, to each	1742
homeless child.	1743

When a child loses permanent housing and becomes a homeless	1744
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	1745
such a homeless person changes temporary living arrangements, the	1746
child's parent or guardian shall have the option of enrolling the	1747
child in either of the following:	1748

(a) The child's school of origin, as defined in 42 U.S.C.A.	1749
11432(g)(3)(C);	1750

(b) The school that is operated by the school district in	1751
which the shelter where the child currently resides is located and	1752
that serves the geographic area in which the shelter is located.	1753

(14) A child under the age of twenty-two years who resides	1754
with a person other than the child's parent is entitled to attend	1755
school in the school district in which that person resides if both	1756
of the following apply:	1757

(a) That person has been appointed, through a military power	1758
of attorney executed under section 574(a) of the "National Defense	1759
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	1760
U.S.C. 1044b, or through a comparable document necessary to	1761
complete a family care plan, as the parent's agent for the care,	1762
custody, and control of the child while the parent is on active	1763
duty as a member of the national guard or a reserve unit of the	1764
armed forces of the United States or because the parent is a	1765
member of the armed forces of the United States and is on a duty	1766
assignment away from the parent's residence.	1767

(b) The military power of attorney or comparable document	1768
includes at least the authority to enroll the child in school.	1769

The entitlement to attend school in the district in which the	1770
parent's agent under the military power of attorney or comparable	1771
document resides applies until the end of the school year in which	1772
the military power of attorney or comparable document expires.	1773

(G) A board of education, after approving admission, may	1774
waive tuition for students who will temporarily reside in the	1775
district and who are either of the following:	1776

(1) Residents or domiciliaries of a foreign nation who	1777
request admission as foreign exchange students;	1778

(2) Residents or domiciliaries of the United States but not	1779
of Ohio who request admission as participants in an exchange	1780
program operated by a student exchange organization.	1781

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1782
3327.04, and 3327.06 of the Revised Code, a child may attend	1783
school or participate in a special education program in a school	1784
district other than in the district where the child is entitled to	1785
attend school under division (B) of this section.	1786

(I)(1) Notwithstanding anything to the contrary in this	1787
section or section 3313.65 of the Revised Code, a child under	1788
twenty-two years of age may attend school in the school district	1789
in which the child, at the end of the first full week of October	1790
of the school year, was entitled to attend school as otherwise	1791
provided under this section or section 3313.65 of the Revised	1792
Code, if at that time the child was enrolled in the schools of the	1793
district but since that time the child or the child's parent has	1794
relocated to a new address located outside of that school district	1795
and within the same county as the child's or parent's address	1796
immediately prior to the relocation. The child may continue to	1797
attend school in the district, and at the school to which the	1798
child was assigned at the end of the first full week of October of	1799
the current school year, for the balance of the school year.	1800
Division (I)(1) of this section applies only if both of the	1801
following conditions are satisfied:	1802

(a) The board of education of the school district in which	1803
the child was entitled to attend school at the end of the first	1804
full week in October and of the district to which the child or	1805
child's parent has relocated each has adopted a policy to enroll	1806
children described in division (I)(1) of this section.	1807

(b) The child's parent provides written notification of the	1808
relocation outside of the school district to the superintendent of	1809
each of the two school districts.	1810

(2) At the beginning of the school year following the school	1811
year in which the child or the child's parent relocated outside of	1812
the school district as described in division (I)(1) of this	1813
section, the child is not entitled to attend school in the school	1814
district under that division.	1815

(3) Any person or entity owing tuition to the school district	1816
on behalf of the child at the end of the first full week in	1817
October, as provided in division (C) of this section, shall	1818
continue to owe such tuition to the district for the child's	1819
attendance under division (I)(1) of this section for the lesser of	1820
the balance of the school year or the balance of the time that the	1821
child attends school in the district under division (I)(1) of this	1822
section.	1823

(4) A pupil who may attend school in the district under	1824
division (I)(1) of this section shall be entitled to	1825
transportation services pursuant to an agreement between the	1826
district and the district in which the child or child's parent has	1827
relocated unless the districts have not entered into such	1828
agreement, in which case the child shall be entitled to	1829
transportation services in the same manner as a pupil attending	1830
school in the district under interdistrict open enrollment as	1831
described in division (H) of section 3313.981 of the Revised Code,	1832
regardless of whether the district has adopted an open enrollment	1833
policy as described in division (B)(1)(b) or (c) of section	1834
3313.98 of the Revised Code.	1835

(J) This division does not apply to a child receiving special	1836
education.	1837

A school district required to pay tuition pursuant to	1838
division (C)(2) or (3) of this section or section 3313.65 of the	1839
Revised Code shall have an amount deducted under division (F) of	1840
section 3317.023 of the Revised Code equal to its own tuition rate	1841
for the same period of attendance. A school district entitled to	1842
receive tuition pursuant to division (C)(2) or (3) of this section	1843
or section 3313.65 of the Revised Code shall have an amount	1844
credited under division (F) of section 3317.023 of the Revised	1845
Code equal to its own tuition rate for the same period of	1846
attendance. If the tuition rate credited to the district of	1847
attendance exceeds the rate deducted from the district required to	1848
pay tuition, the department of education shall pay the district of	1849
attendance the difference from amounts deducted from all	1850
districts' payments under division (F) of section 3317.023 of the	1851
Revised Code but not credited to other school districts under such	1852
division and from appropriations made for such purpose. The	1853
treasurer of each school district shall, by the fifteenth day of	1854
January and July, furnish the superintendent of public instruction	1855
a report of the names of each child who attended the district's	1856
schools under divisions (C)(2) and (3) of this section or section	1857
3313.65 of the Revised Code during the preceding six calendar	1858
months, the duration of the attendance of those children, the	1859
school district responsible for tuition on behalf of the child,	1860
and any other information that the superintendent requires.	1861

Upon receipt of the report the superintendent, pursuant to	1862
division (F) of section 3317.023 of the Revised Code, shall deduct	1863
each district's tuition obligations under divisions (C)(2) and (3)	1864
of this section or section 3313.65 of the Revised Code and pay to	1865
the district of attendance that amount plus any amount required to	1866
be paid by the state.	1867

(K) In the event of a disagreement, the superintendent of	1868
public instruction shall determine the school district in which	1869
the parent resides.	1870

(L) Nothing in this section requires or authorizes, or shall	1871
be construed to require or authorize, the admission to a public	1872
school in this state of a pupil who has been permanently excluded	1873
from public school attendance by the superintendent of public	1874
instruction pursuant to sections 3301.121 and 3313.662 of the	1875
Revised Code.	1876

(M) In accordance with division (B)(1) of this section, a	1877
child whose parent is a member of the national guard or a reserve	1878
unit of the armed forces of the United States and is called to	1879
active duty, or a child whose parent is a member of the armed	1880
forces of the United States and is ordered to a temporary duty	1881
assignment outside of the district, may continue to attend school	1882
in the district in which the child's parent lived before being	1883
called to active duty or ordered to a temporary duty assignment	1884
outside of the district, as long as the child's parent continues	1885
to be a resident of that district, and regardless of where the	1886
child lives as a result of the parent's active duty status or	1887
temporary duty assignment. However, the district is not	1888
responsible for providing transportation for the child if the	1889
child lives outside of the district as a result of the parent's	1890
active duty status or temporary duty assignment.	1891

Sec. 3313.662.  (A) The superintendent of public instruction,	1892
pursuant to this section and the adjudication procedures of	1893
section 3301.121 of the Revised Code, may issue an adjudication	1894
order that permanently excludes a pupil from attending any of the	1895
public schools of this state if the pupil is convicted of, or	1896
adjudicated a delinquent child for, committing, when the pupil was	1897
sixteen years of age or older, an act that would be a criminal	1898
offense if committed by an adult and if the act is any of the	1899
following:	1900

(1) A violation of section 2923.122 of the Revised Code;

1901

(2) A violation of section 2923.12 of the Revised Code, of a	1902
substantially similar municipal ordinance, or of section 2925.03	1903
of the Revised Code that was committed on property owned or	1904
controlled by, or at an activity held under the auspices of, a	1905
board of education of a city, local, exempted village, or joint	1906
vocational school district;	1907

(3) A violation of section 2925.11 of the Revised Code, other	1908
than a violation of that section that would be a minor drug	1909
possession offense, that was committed on property owned or	1910
controlled by, or at an activity held under the auspices of, the	1911
board of education of a city, local, exempted village, or joint	1912
vocational school district;	1913

(4) A violation of section 2903.01, 2903.02, 2903.03,	1914
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former	1915
section 2907.12 of the Revised Code that was committed on property	1916
owned or controlled by, or at an activity held under the auspices	1917
of, a board of education of a city, local, exempted village, or	1918
joint vocational school district, if the victim at the time of the	1919
commission of the act was an employee of that board of education;	1920

(5) Complicity in any violation described in division (A)(1),	1921
(2), (3), or (4) of this section that was alleged to have been	1922
committed in the manner described in division (A)(1), (2), (3), or	1923
(4) of this section, regardless of whether the act of complicity	1924
was committed on property owned or controlled by, or at an	1925
activity held under the auspices of, a board of education of a	1926
city, local, exempted village, or joint vocational school	1927
district.	1928

(B) A pupil may be suspended or expelled in accordance with	1929
section 3313.66 of the Revised Code prior to being permanently	1930
excluded from public school attendance under this section and	1931
section 3301.121 of the Revised Code.	1932

(C)(1) If the superintendent of a city, local, exempted	1933
village, or joint vocational school district in which a pupil	1934
attends school obtains or receives proof that the pupil has been	1935
convicted of committing when the pupil was sixteen years of age or	1936
older a violation listed in division (A) of this section or	1937
adjudicated a delinquent child for the commission when the pupil	1938
was sixteen years of age or older of a violation listed in	1939
division (A) of this section, the superintendent may issue to the	1940
board of education of the school district a request that the pupil	1941
be permanently excluded from public school attendance, if both of	1942
the following apply:	1943

(a) After obtaining or receiving proof of the conviction or	1944
adjudication, the superintendent or the superintendent's designee	1945
determines that the pupil's continued attendance in school may	1946
endanger the health and safety of other pupils or school employees	1947
and gives the pupil and the pupil's parent, guardian, or custodian	1948
written notice that the superintendent intends to recommend to the	1949
board of education that the board adopt a resolution requesting	1950
the superintendent of public instruction to permanently exclude	1951
the pupil from public school attendance.	1952

(b) The superintendent or the superintendent's designee	1953
forwards to the board of education the superintendent's written	1954
recommendation that includes the determinations the superintendent	1955
or designee made pursuant to division (C)(1)(a) of this section	1956
and a copy of the proof the superintendent received showing that	1957
the pupil has been convicted of or adjudicated a delinquent child	1958
for a violation listed in division (A) of this section that was	1959
committed when the pupil was sixteen years of age or older.	1960

(2) Within fourteen days after receipt of a recommendation	1961
from the superintendent pursuant to division (C)(1)(b) of this	1962
section that a pupil be permanently excluded from public school	1963
attendance, the board of education of a city, local, exempted	1964
village, or joint vocational school district, after review and	1965
consideration of all of the following available information, may	1966
adopt a resolution requesting the superintendent of public	1967
instruction to permanently exclude the pupil who is the subject of	1968
the recommendation from public school attendance:	1969

(a) The academic record of the pupil and a record of any	1970
extracurricular activities in which the pupil previously was	1971
involved;	1972

(b) The disciplinary record of the pupil and any available	1973
records of the pupil's prior behavioral problems other than the	1974
behavioral problems contained in the disciplinary record;	1975

(c) The social history of the pupil;

1976

(d) The pupil's response to the imposition of prior	1977
discipline and sanctions imposed for behavioral problems;	1978

(e) Evidence regarding the seriousness of and any aggravating	1979
factors related to the offense that is the basis of the resolution	1980
seeking permanent exclusion;	1981

(f) Any mitigating circumstances surrounding the offense that	1982
gave rise to the request for permanent exclusion;	1983

(g) Evidence regarding the probable danger posed to the	1984
health and safety of other pupils or of school employees by the	1985
continued presence of the pupil in a public school setting;	1986

(h) Evidence regarding the probable disruption of the	1987
teaching of any school district's graded course of study by the	1988
continued presence of the pupil in a public school setting;	1989

(i) Evidence regarding the availability of alternative	1990
sanctions of a less serious nature than permanent exclusion that	1991
would enable the pupil to remain in a public school setting	1992
without posing a significant danger to the health and safety of	1993
other pupils or of school employees and without posing a threat of	1994
the disruption of the teaching of any district's graded course of	1995
study.	1996

(3) If the board does not adopt a resolution requesting the	1997
superintendent of public instruction to permanently exclude the	1998
pupil, it immediately shall send written notice of that fact to	1999
the superintendent who sought the resolution, to the pupil who was	2000
the subject of the proposed resolution, and to that pupil's	2001
parent, guardian, or custodian.	2002

(D)(1) Upon adoption of a resolution under division (C) of	2003
this section, the board of education immediately shall forward to	2004
the superintendent of public instruction the written resolution,	2005
proof of the conviction or adjudication that is the basis of the	2006
resolution, a copy of the pupil's entire school record, and any	2007
other relevant information and shall forward a copy of the	2008
resolution to the pupil who is the subject of the recommendation	2009
and to that pupil's parent, guardian, or custodian.	2010

(2) The board of education that adopted and forwarded the	2011
resolution requesting the permanent exclusion of the pupil to the	2012
superintendent of public instruction promptly shall designate a	2013
representative of the school district to present the case for	2014
permanent exclusion to the superintendent or the referee appointed	2015
by the superintendent. The representative of the school district	2016
may be an attorney admitted to the practice of law in this state.	2017
At the adjudication hearing held pursuant to section 3301.121 of	2018
the Revised Code, the representative of the school district shall	2019
present evidence in support of the requested permanent exclusion.	2020

(3) Upon receipt of a board of education's resolution	2021
requesting the permanent exclusion of a pupil from public school	2022
attendance, the superintendent of public instruction, in	2023
accordance with the adjudication procedures of section 3301.121 of	2024
the Revised Code, promptly shall issue an adjudication order that	2025
either permanently excludes the pupil from attending any of the	2026
public schools of this state or that rejects the resolution of the	2027
board of education.	2028

(E) Notwithstanding any provision of section 3313.64 of the	2029
Revised Code or an order of any court of this state that otherwise	2030
requires the admission of the pupil to a school, no school	2031
official in a city, local, exempted village, or joint vocational	2032
school district knowingly shall admit to any school in the school	2033
district a pupil who has been permanently excluded from public	2034
school attendance by the superintendent of public instruction.	2035

(F)(1)(a) Upon determining that the school attendance of a	2036
pupil who has been permanently excluded from public school	2037
attendance no longer will endanger the health and safety of other	2038
students or school employees, the superintendent of any city,	2039
local, exempted village, or joint vocational school district in	2040
which the pupil desires to attend school may issue to the board of	2041
education of the school district a recommendation, including the	2042
reasons for the recommendation, that the permanent exclusion of a	2043
pupil be revoked and the pupil be allowed to return to the public	2044
schools of the state.	2045

If any violation which in whole or in part gave rise to the	2046
permanent exclusion of any pupil involved the pupil's bringing a	2047
firearm to a school operated by the board of education of a school	2048
district or onto any other property owned or operated by such a	2049
board, no superintendent shall recommend under this division an	2050
effective date for the revocation of the pupil's permanent	2051
exclusion that is less than one year after the date on which the	2052
last such firearm incident occurred. However, on a case-by-case	2053
basis, a superintendent may recommend an earlier effective date	2054
for such a revocation for any of the reasons for which the	2055
superintendent may reduce the one-year expulsion requirement in	2056
division (B)(2) of section 3313.66 of the Revised Code.	2057

(b) Upon receipt of the recommendation of the superintendent	2058
that a permanent exclusion of a pupil be revoked, the board of	2059
education of a city, local, exempted village, or joint vocational	2060
school district may adopt a resolution by a majority vote of its	2061
members requesting the superintendent of public instruction to	2062
revoke the permanent exclusion of the pupil. Upon adoption of the	2063
resolution, the board of education shall forward a copy of the	2064
resolution, the reasons for the resolution, and any other relevant	2065
information to the superintendent of public instruction.	2066

(c) Upon receipt of a resolution of a board of education	2067
requesting the revocation of a permanent exclusion of a pupil, the	2068
superintendent of public instruction, in accordance with the	2069
adjudication procedures of Chapter 119. of the Revised Code, shall	2070
issue an adjudication order that revokes the permanent exclusion	2071
of the pupil from public school attendance or that rejects the	2072
resolution of the board of education.	2073

(2)(a) A pupil who has been permanently excluded pursuant to	2074
this section and section 3301.121 of the Revised Code may request	2075
the superintendent of any city, local, exempted village, or joint	2076
vocational school district in which the pupil desires to attend	2077
school to admit the pupil on a probationary basis for a period not	2078
to exceed ninety school days. Upon receiving the request, the	2079
superintendent may enter into discussions with the pupil and with	2080
the pupil's parent, guardian, or custodian or a person designated	2081
by the pupil's parent, guardian, or custodian to develop a	2082
probationary admission plan designed to assist the pupil's	2083
probationary admission to the school. The plan may include a	2084
treatment program, a behavioral modification program, or any other	2085
program reasonably designed to meet the educational needs of the	2086
child and the disciplinary requirements of the school.	2087

If any violation which in whole or in part gave rise to the	2088
permanent exclusion of the pupil involved the pupil's bringing a	2089
firearm to a school operated by the board of education of any	2090
school district or onto any other property owned or operated by	2091
such a board, no plan developed under this division for the pupil	2092
shall include an effective date for the probationary admission of	2093
the pupil that is less than one year after the date on which the	2094
last such firearm incident occurred except that on a case-by-case	2095
basis, a plan may include an earlier effective date for such an	2096
admission for any of the reasons for which the superintendent of	2097
the district may reduce the one-year expulsion requirement in	2098
division (B)(2) of section 3313.66 of the Revised Code.	2099

(b) If the superintendent of a school district, a pupil, and	2100
the pupil's parent, guardian, or custodian or a person designated	2101
by the pupil's parent, guardian, or custodian agree upon a	2102
probationary admission plan prepared pursuant to division	2103
(F)(2)(a) of this section, the superintendent of the school	2104
district shall issue to the board of education of the school	2105
district a recommendation that the pupil be allowed to attend	2106
school within the school district under probationary admission,	2107
the reasons for the recommendation, and a copy of the agreed upon	2108
probationary admission plan. Within fourteen days after the board	2109
of education receives the recommendation, reasons, and plan, the	2110
board may adopt the recommendation by a majority vote of its	2111
members. If the board adopts the recommendation, the pupil may	2112
attend school under probationary admission within that school	2113
district for a period not to exceed ninety days or any additional	2114
probationary period permitted under divisions (F)(2)(d) and (e) of	2115
this section in accordance with the probationary admission plan	2116
prepared pursuant to division (F)(2)(a) of this section.	2117

(c) If a pupil who is permitted to attend school under	2118
probationary admission pursuant to division (F)(2)(b) of this	2119
section fails to comply with the probationary admission plan	2120
prepared pursuant to division (F)(2)(a) of this section, the	2121
superintendent of the school district immediately may remove the	2122
pupil from the school and issue to the board of education of the	2123
school district a recommendation that the probationary admission	2124
be revoked. Within five days after the board of education receives	2125
the recommendation, the board may adopt the recommendation to	2126
revoke the pupil's probationary admission by a majority vote of	2127
its members. If a majority of the board does not adopt the	2128
recommendation to revoke the pupil's probationary admission, the	2129
pupil shall continue to attend school in compliance with the	2130
pupil's probationary admission plan.	2131

(d) If a pupil who is permitted to attend school under	2132
probationary admission pursuant to division (F)(2)(b) of this	2133
section complies with the probationary admission plan prepared	2134
pursuant to division (F)(2)(a) of this section, the pupil or the	2135
pupil's parent, guardian, or custodian, at any time before the	2136
expiration of the ninety-day probationary admission period, may	2137
request the superintendent of the school district to extend the	2138
terms and period of the pupil's probationary admission for a	2139
period not to exceed ninety days or to issue a recommendation	2140
pursuant to division (F)(1) of this section that the pupil's	2141
permanent exclusion be revoked and the pupil be allowed to return	2142
to the public schools of this state.	2143

(e) If a pupil is granted an extension of the pupil's	2144
probationary admission pursuant to division (F)(2)(d) of this	2145
section, the pupil or the pupil's parent, guardian, or custodian,	2146
in the manner described in that division, may request, and the	2147
superintendent and board, in the manner described in that	2148
division, may recommend and grant, subsequent probationary	2149
admission periods not to exceed ninety days each. If a pupil who	2150
is permitted to attend school under an extension of a probationary	2151
admission plan complies with the probationary admission plan	2152
prepared pursuant to the extension, the pupil or the pupil's	2153
parent, guardian, or custodian may request a revocation of the	2154
pupil's permanent exclusion in the manner described in division	2155
(F)(2)(d) of this section.	2156

(f) Any extension of a probationary admission requested by a	2157
pupil or a pupil's parent, guardian, or custodian pursuant to	2158
divisions (F)(2)(d) or (e) of this section shall be subject to the	2159
adoption and approval of a probationary admission plan in the	2160
manner described in divisions (F)(2)(a) and (b) of this section	2161
and may be terminated as provided in division (F)(2)(c) of this	2162
section.	2163

(g) If the pupil has complied with any probationary admission	2164
plan and the superintendent issues a recommendation that seeks	2165
revocation of the pupil's permanent exclusion pursuant to division	2166
(F)(1) of this section, the pupil's compliance with any	2167
probationary admission plan may be considered along with other	2168
relevant factors in any determination or adjudication conducted	2169
pursuant to division (F)(1) of this section.	2170

(G)(1) Except as provided in division (G)(2) of this section,	2171
any information regarding the permanent exclusion of a pupil shall	2172
be included in the pupil's official records and shall be included	2173
in any records sent to any school district that requests the	2174
pupil's records.	2175

(2) When a pupil who has been permanently excluded from	2176
public school attendance reaches the age of twenty-two or when the	2177
permanent exclusion of a pupil has been revoked, all school	2178
districts that maintain records regarding the pupil's permanent	2179
exclusion shall remove all references to the exclusion from the	2180
pupil's file and shall destroy them.	2181

A pupil who has reached the age of twenty-two or whose	2182
permanent exclusion has been revoked may send a written notice to	2183
the superintendent of any school district maintaining records of	2184
the pupil's permanent exclusion requesting the superintendent to	2185
ensure that the records are removed from the pupil's file and	2186
destroyed. Upon receipt of the request and a determination that	2187
the pupil is twenty-two years of age or older or that the pupil's	2188
permanent exclusion has been revoked, the superintendent shall	2189
ensure that the records are removed from the pupil's file and	2190
destroyed.	2191

(H)(1) This section does not apply to any of the following:

2192

(a) An institution that is a residential facility, that	2193
receives and cares for children, that is maintained by the	2194
department of youth services, and that operates a school chartered	2195
by the state board of education under section 3301.16 of the	2196
Revised Code;	2197

(b) Any on-premises school operated by an out-of-home care	2198
entity, other than a school district, that is chartered by the	2199
state board of education under section 3301.16 of the Revised	2200
Code;	2201

(c) Any school operated in connection with an out-of-home	2202
care entity or a nonresidential youth treatment program that	2203
enters into a contract or agreement with a school district for the	2204
provision of educational services in a setting other than a	2205
setting that is a building or structure owned or controlled by the	2206
board of education of the school district during normal school	2207
hours.	2208

(2) This section does not prohibit any person who has been	2209
permanently excluded pursuant to this section and section 3301.121	2210
of the Revised Code from seeking a certificate of high school	2211
equivalence. A person who has been permanently excluded may be	2212
permitted to participate in a course of study in preparation for	2213
the tests of general educational development, except that the	2214
person shall not participate during normal school hours in that	2215
course of study in any building or structure owned or controlled	2216
by the board of education of a school district.	2217

(3) This section does not relieve any school district from	2218
any requirement under section 2151.3572151.362 or 3313.64 of the	2219
Revised Code to pay for the cost of educating any child who has	2220
been permanently excluded pursuant to this section and section	2221
3301.121 of the Revised Code.	2222

(I) As used in this section:

2223

(1) "Permanently exclude" means to forever prohibit an	2224
individual from attending any public school in this state that is	2225
operated by a city, local, exempted village, or joint vocational	2226
school district.	2227

(2) "Permanent exclusion" means the prohibition of a pupil	2228
forever from attending any public school in this state that is	2229
operated by a city, local, exempted village, or joint vocational	2230
school district.	2231

(3) "Out-of-home care" has the same meaning as in section	2232
2151.011 of the Revised Code.	2233

(4) "Certificate of high school equivalence" has the same	2234
meaning as in section 4109.06 of the Revised Code.	2235

(5) "Nonresidential youth treatment program" means a program	2236
designed to provide services to persons under the age of eighteen	2237
in a setting that does not regularly provide long-term overnight	2238
care, including settlement houses, diversion and prevention	2239
programs, run-away centers, and alternative education programs.	2240

(6) "Firearm" has the same meaning as provided pursuant to	2241
the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.	2242
8001(a)(2).	2243

(7) "Minor drug possession offense" has the same meaning as	2244
in section 2925.01 of the Revised Code.	2245

Sec. 3314.03.  A copy of every contract entered into under	2246
this section shall be filed with the superintendent of public	2247
instruction.	2248

(A) Each contract entered into between a sponsor and the	2249
governing authority of a community school shall specify the	2250
following:	2251

(1) That the school shall be established as either of the	2252
following:	2253

(a) A nonprofit corporation established under Chapter 1702.	2254
of the Revised Code, if established prior to April 8, 2003;	2255

(b) A public benefit corporation established under Chapter	2256
1702. of the Revised Code, if established after April 8, 2003;	2257

(2) The education program of the school, including the	2258
school's mission, the characteristics of the students the school	2259
is expected to attract, the ages and grades of students, and the	2260
focus of the curriculum;	2261

(3) The academic goals to be achieved and the method of	2262
measurement that will be used to determine progress toward those	2263
goals, which shall include the statewide achievement tests;	2264

(4) Performance standards by which the success of the school	2265
will be evaluated by the sponsor. If the sponsor will evaluate the	2266
school in accordance with division (D) of section 3314.36 of the	2267
Revised Code, the contract shall specify the number of school	2268
years that the school will be evaluated under that division.	2269

(5) The admission standards of section 3314.06 of the Revised	2270
Code and, if applicable, section 3314.061 of the Revised Code;	2271

(6)(a) Dismissal procedures;

2272

(b) A requirement that the governing authority adopt an	2273
attendance policy that includes a procedure for automatically	2274
withdrawing a student from the school if the student without a	2275
legitimate excuse fails to participate in one hundred five	2276
consecutive hours of the learning opportunities offered to the	2277
student.	2278

(7) The ways by which the school will achieve racial and	2279
ethnic balance reflective of the community it serves;	2280

(8) Requirements for financial audits by the auditor of	2281
state. The contract shall require financial records of the school	2282
to be maintained in the same manner as are financial records of	2283
school districts, pursuant to rules of the auditor of state, and	2284
the audits shall be conducted in accordance with section 117.10 of	2285
the Revised Code.	2286

(9) The facilities to be used and their locations;

2287

(10) Qualifications of teachers, including a requirement that	2288
the school's classroom teachers be licensed in accordance with	2289
sections 3319.22 to 3319.31 of the Revised Code, except that a	2290
community school may engage noncertificated persons to teach up to	2291
twelve hours per week pursuant to section 3319.301 of the Revised	2292
Code;	2293

(11) That the school will comply with the following	2294
requirements:	2295

(a) The school will provide learning opportunities to a	2296
minimum of twenty-five students for a minimum of nine hundred	2297
twenty hours per school year;	2298

(b) The governing authority will purchase liability	2299
insurance, or otherwise provide for the potential liability of the	2300
school;	2301

(c) The school will be nonsectarian in its programs,	2302
admission policies, employment practices, and all other	2303
operations, and will not be operated by a sectarian school or	2304
religious institution;	2305

(d) The school will comply with sections 9.90, 9.91, 109.65,	2306
121.22, 149.43, 2151.3582151.357, 2151.421, 2313.18, 3301.0710,	2307
3301.0711, 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012,	2308
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.67,	2309
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80,	2310
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	2311
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	2312
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	2313
4123., 4141., and 4167. of the Revised Code as if it were a school	2314
district and will comply with section 3301.0714 of the Revised	2315
Code in the manner specified in section 3314.17 of the Revised	2316
Code;	2317

(e) The school shall comply with Chapter 102. of the Revised	2318
Code except that nothing in that chapter shall prohibit a member	2319
of the school's governing board from also being an employee of the	2320
school and nothing in that chapter or section 2921.42 of the	2321
Revised Code shall prohibit a member of the school's governing	2322
board from having an interest in a contract into which the	2323
governing board enters that is not a contract with a for-profit	2324
firm for the operation or management of a school under the	2325
auspices of the governing authority;	2326

(f) The school will comply with sections 3313.61, 3313.611,	2327
and 3313.614 of the Revised Code, except that the requirement in	2328
sections 3313.61 and 3313.611 of the Revised Code that a person	2329
must successfully complete the curriculum in any high school prior	2330
to receiving a high school diploma may be met by completing the	2331
curriculum adopted by the governing authority of the community	2332
school rather than the curriculum specified in Title XXXIII of the	2333
Revised Code or any rules of the state board of education;	2334

(g) The school governing authority will submit within four	2335
months after the end of each school year a report of its	2336
activities and progress in meeting the goals and standards of	2337
divisions (A)(3) and (4) of this section and its financial status	2338
to the sponsor, the parents of all students enrolled in the	2339
school, and the legislative office of education oversight. The	2340
school will collect and provide any data that the legislative	2341
office of education oversight requests in furtherance of any study	2342
or research that the general assembly requires the office to	2343
conduct, including the studies required under Section 50.39 of Am.	2344
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	2345
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	2346

(12) Arrangements for providing health and other benefits to	2347
employees;	2348

(13) The length of the contract, which shall begin at the	2349
beginning of an academic year. No contract shall exceed five years	2350
unless such contract has been renewed pursuant to division (E) of	2351
this section.	2352

(14) The governing authority of the school, which shall be	2353
responsible for carrying out the provisions of the contract;	2354

(15) A financial plan detailing an estimated school budget	2355
for each year of the period of the contract and specifying the	2356
total estimated per pupil expenditure amount for each such year.	2357
The plan shall specify for each year the base formula amount that	2358
will be used for purposes of funding calculations under section	2359
3314.08 of the Revised Code. This base formula amount for any year	2360
shall not exceed the formula amount defined under section 3317.02	2361
of the Revised Code. The plan may also specify for any year a	2362
percentage figure to be used for reducing the per pupil amount of	2363
the subsidy calculated pursuant to section 3317.029 of the Revised	2364
Code the school is to receive that year under section 3314.08 of	2365
the Revised Code.	2366

(16) Requirements and procedures regarding the disposition of	2367
employees of the school in the event the contract is terminated or	2368
not renewed pursuant to section 3314.07 of the Revised Code;	2369

(17) Whether the school is to be created by converting all or	2370
part of an existing public school or is to be a new start-up	2371
school, and if it is a converted public school, specification of	2372
any duties or responsibilities of an employer that the board of	2373
education that operated the school before conversion is delegating	2374
to the governing board of the community school with respect to all	2375
or any specified group of employees provided the delegation is not	2376
prohibited by a collective bargaining agreement applicable to such	2377
employees;	2378

(18) Provisions establishing procedures for resolving	2379
disputes or differences of opinion between the sponsor and the	2380
governing authority of the community school;	2381

(19) A provision requiring the governing authority to adopt a	2382
policy regarding the admission of students who reside outside the	2383
district in which the school is located. That policy shall comply	2384
with the admissions procedures specified in sections 3314.06 and	2385
3314.061 of the Revised Code and, at the sole discretion of the	2386
authority, shall do one of the following:	2387

(a) Prohibit the enrollment of students who reside outside	2388
the district in which the school is located;	2389

(b) Permit the enrollment of students who reside in districts	2390
adjacent to the district in which the school is located;	2391

(c) Permit the enrollment of students who reside in any other	2392
district in the state.	2393

(20) A provision recognizing the authority of the department	2394
of education to take over the sponsorship of the school in	2395
accordance with the provisions of division (C) of section 3314.015	2396
of the Revised Code;	2397

(21) A provision recognizing the sponsor's authority to	2398
assume the operation of a school under the conditions specified in	2399
division (B) of section 3314.073 of the Revised Code;	2400

(22) A provision recognizing both of the following:

2401

(a) The authority of public health and safety officials to	2402
inspect the facilities of the school and to order the facilities	2403
closed if those officials find that the facilities are not in	2404
compliance with health and safety laws and regulations;	2405

(b) The authority of the department of education as the	2406
community school oversight body to suspend the operation of the	2407
school under section 3314.072 of the Revised Code if the	2408
department has evidence of conditions or violations of law at the	2409
school that pose an imminent danger to the health and safety of	2410
the school's students and employees and the sponsor refuses to	2411
take such action;	2412

(23) A description of the learning opportunities that will be	2413
offered to students including both classroom-based and	2414
non-classroom-based learning opportunities that is in compliance	2415
with criteria for student participation established by the	2416
department under division (L)(2) of section 3314.08 of the Revised	2417
Code;	2418

(24) The school will comply with section 3302.04 of the	2419
Revised Code, including division (E) of that section to the extent	2420
possible, except that any action required to be taken by a school	2421
district pursuant to that section shall be taken by the sponsor of	2422
the school. However, the sponsor shall not be required to take any	2423
action described in division (F) of that section.	2424

(25) Beginning in the 2006-2007 school year, the school will	2425
open for operation not later than the thirtieth day of September	2426
each school year, unless the mission of the school as specified	2427
under division (A)(2) of this section is solely to serve dropouts.	2428
In its initial year of operation, if the school fails to open by	2429
the thirtieth day of September, or within one year after the	2430
adoption of the contract pursuant to division (D) of section	2431
3314.02 of the Revised Code if the mission of the school is solely	2432
to serve dropouts, the contract shall be void.	2433

(B) The community school shall also submit to the sponsor a	2434
comprehensive plan for the school. The plan shall specify the	2435
following:	2436

(1) The process by which the governing authority of the	2437
school will be selected in the future;	2438

(2) The management and administration of the school;

2439

(3) If the community school is a currently existing public	2440
school, alternative arrangements for current public school	2441
students who choose not to attend the school and teachers who	2442
choose not to teach in the school after conversion;	2443

(4) The instructional program and educational philosophy of	2444
the school;	2445

(5) Internal financial controls.

2446

(C) A contract entered into under section 3314.02 of the	2447
Revised Code between a sponsor and the governing authority of a	2448
community school may provide for the community school governing	2449
authority to make payments to the sponsor, which is hereby	2450
authorized to receive such payments as set forth in the contract	2451
between the governing authority and the sponsor. The total amount	2452
of such payments for oversight and monitoring of the school shall	2453
not exceed three per cent of the total amount of payments for	2454
operating expenses that the school receives from the state.	2455

(D) The contract shall specify the duties of the sponsor	2456
which shall be in accordance with the written agreement entered	2457
into with the department of education under division (B) of	2458
section 3314.015 of the Revised Code and shall include the	2459
following:	2460

(1) Monitor the community school's compliance with all laws	2461
applicable to the school and with the terms of the contract;	2462

(2) Monitor and evaluate the academic and fiscal performance	2463
and the organization and operation of the community school on at	2464
least an annual basis;	2465

(3) Report on an annual basis the results of the evaluation	2466
conducted under division (D)(2) of this section to the department	2467
of education and to the parents of students enrolled in the	2468
community school;	2469

(4) Provide technical assistance to the community school in	2470
complying with laws applicable to the school and terms of the	2471
contract;	2472

(5) Take steps to intervene in the school's operation to	2473
correct problems in the school's overall performance, declare the	2474
school to be on probationary status pursuant to section 3314.073	2475
of the Revised Code, suspend the operation of the school pursuant	2476
to section 3314.072 of the Revised Code, or terminate the contract	2477
of the school pursuant to section 3314.07 of the Revised Code as	2478
determined necessary by the sponsor;	2479

(6) Have in place a plan of action to be undertaken in the	2480
event the community school experiences financial difficulties or	2481
closes prior to the end of a school year.	2482

(E) Upon the expiration of a contract entered into under this	2483
section, the sponsor of a community school may, with the approval	2484
of the governing authority of the school, renew that contract for	2485
a period of time determined by the sponsor, but not ending earlier	2486
than the end of any school year, if the sponsor finds that the	2487
school's compliance with applicable laws and terms of the contract	2488
and the school's progress in meeting the academic goals prescribed	2489
in the contract have been satisfactory. Any contract that is	2490
renewed under this division remains subject to the provisions of	2491
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	2492

(F) If a community school fails to open for operation within	2493
one year after the contract entered into under this section is	2494
adopted pursuant to division (D) of section 3314.02 of the Revised	2495
Code or permanently closes prior to the expiration of the	2496
contract, the contract shall be void and the school shall not	2497
enter into a contract with any other sponsor. A school shall not	2498
be considered permanently closed because the operations of the	2499
school have been suspended pursuant to section 3314.072 of the	2500
Revised Code. Any contract that becomes void under this division	2501
shall not count toward any statewide limit on the number of such	2502
contracts prescribed by section 3314.013 of the Revised Code.	2503

Sec. 3323.01.  As used in this chapter and Chapter 3321. of	2504
the Revised Code:	2505

(A) "Handicapped child" means a person under twenty-two years	2506
of age who is developmentally handicapped, hearing handicapped,	2507
speech handicapped, visually disabled, severe behavior	2508
handicapped, orthopedically handicapped, multihandicapped, other	2509
health handicapped, specific learning disabled, autistic, or	2510
traumatic brain injured, and by reason thereof requires special	2511
education.	2512

(B) "Special education program" means the required related	2513
services and instruction specifically designed to meet the unique	2514
needs of a handicapped child, including classroom instruction,	2515
home instruction, and instruction in hospitals and institutions	2516
and in other settings.	2517

(C) "Related services" means transportation, and such	2518
developmental, corrective, and other supportive services as may be	2519
required to assist a handicapped child to benefit from special	2520
education, including the early identification and assessment of	2521
handicapped conditions in children, speech pathology and	2522
audiology, psychological services, occupational and physical	2523
therapy, physical education, recreation, counseling services	2524
including rehabilitative counseling, and medical services, except	2525
that such medical services shall be for diagnostic and evaluation	2526
purposes only.	2527

(D) "Appropriate public education" means special education	2528
and related services that:	2529

(1) Are provided at public expense and under public	2530
supervision;	2531

(2) Meet the standards of the state board of education;

2532

(3) Include an appropriate preschool, elementary, or	2533
secondary education;	2534

(4) Are provided in conformity with the individualized	2535
education program required under this chapter.	2536

(E) "Individualized education program" means a written	2537
statement for each handicapped child designed to meet the unique	2538
needs of a handicapped child, which statement shall include:	2539

(1) A statement of the present levels of educational	2540
performance of such child;	2541

(2) A statement of annual goals, including short-term	2542
instructional objectives;	2543

(3) A statement of the specific educational services to be	2544
provided to such child, and the extent to which such child will be	2545
able to participate in regular educational programs;	2546

(4) A statement of the transition services needed for such	2547
child beginning no later than age sixteen and annually thereafter	2548
(and, when determined appropriate for such child, beginning at age	2549
fourteen or younger), including, when appropriate, a statement of	2550
the interagency responsibilities and linkages before the student	2551
leaves the school setting;	2552

(5) The projected date for initiation and anticipated	2553
duration of such services;	2554

(6) Appropriate objective criteria and evaluation procedures	2555
and schedules for determining, on at least an annual basis,	2556
whether instructional objectives are being achieved, and whether	2557
current placement is appropriate.	2558

(F) "Other educational agency" means a department, division,	2559
bureau, office, institution, board, commission, committee,	2560
authority, or other state or local agency, other than a school	2561
district or an agency administered by the department of mental	2562
retardation and developmental disabilities, that provides or seeks	2563
to provide special education or related services to handicapped	2564
children.	2565

(G) "School district" means a city, local, or exempted	2566
village school district.	2567

(H) "Parents" means either parent. If the parents are	2568
separated or divorced, "parent" means the parent who is the	2569
residential parent and legal custodian of the handicapped child.	2570
Except as used in division (I) of this section and in sections	2571
3323.09 and 3323.141 of the Revised Code, "parents" includes a	2572
child's guardian or custodian. This definition does not apply to	2573
Chapter 3321. of the Revised Code.	2574

(I) As used in sections 3323.09, 3323.091, 3323.13, and	2575
3323.14 of the Revised Code, "school district of residence" means:	2576

(1) The school district in which the child's parents reside;

2577

(2) If the school district specified in division (I)(1) of	2578
this section cannot be determined, the last school district in	2579
which the child's parents are known to have resided if the	2580
parents' whereabouts are unknown;	2581

(3) If the school district specified in division (I)(2) of	2582
this section cannot be determined, the school district determined	2583
by the court under section 2151.3572151.362 of the Revised Code,	2584
or if no district has been so determined, the school district as	2585
determined by the probate court of the county in which the child	2586
resides. The school district of residence that had been	2587
established under this section on December 12, 1983, shall remain	2588
the child's school district of residence unless a district of	2589
residence can be determined under division (I)(1) or (2) of this	2590
section.	2591

(4) Notwithstanding divisions (I)(1) to (3) of this section,	2592
if a school district is required by section 3313.65 of the Revised	2593
Code to pay tuition for a child, that district shall be the	2594
child's school district of residence.	2595

(J) "County MR/DD board" means a county board of mental	2596
retardation and developmental disabilities.	2597

(K) "Handicapped preschool child" means a handicapped child	2598
who is at least three years of age but is not of compulsory school	2599
age, as defined under section 3321.01 of the Revised Code, and who	2600
is not currently enrolled in kindergarten.	2601

(L) "Transition services" means a coordinated set of	2602
activities for a student, designed within an outcome-oriented	2603
process, that:	2604

(1) Promotes movement from school to post-school activities,	2605
including post-secondary education; vocational training;	2606
integrated employment, including supported employment; continuing	2607
and adult education; adult services; independent living; and	2608
community participation;	2609

(2) Is based upon the individual student's needs, including	2610
taking into account the student's preferences and interests;	2611

(3) Includes instruction, community experiences, the	2612
development of employment and other post-school adult living	2613
objectives, and, when appropriate, acquisition of daily living	2614
skills and functional vocational evaluation.	2615

(M) "Visual disability" for any individual means that one of	2616
the following applies to the individual:	2617

(1) The individual has a visual acuity of 20/200 or less in	2618
the better eye with correcting lenses or has a limited field of	2619
vision in the better eye such that the widest diameter subtends an	2620
angular distance of no greater than twenty degrees.	2621

(2) The individual has a medically indicated expectation of	2622
meeting the requirements of division (M)(1) of this section over a	2623
period of time.	2624

(3) The individual has a medically diagnosed and medically	2625
uncorrectable limitation in visual functioning that adversely	2626
affects the individual's ability to read and write standard print	2627
at levels expected of the individual's peers of comparable ability	2628
and grade level.	2629

(N) "Student with a visual disability" means any person under	2630
twenty-two years of age who has a visual disability.	2631

(O) "Instruction in braille reading and writing" means the	2632
teaching of the system of reading and writing through touch	2633
commonly known as standard English braille.	2634

Sec. 4301.69.  (A) Except as otherwise provided in this	2635
chapter, no person shall sell beer or intoxicating liquor to an	2636
underage person, shall buy beer or intoxicating liquor for an	2637
underage person, or shall furnish it to an underage person, unless	2638
given by a physician in the regular line of the physician's	2639
practice or given for established religious purposes or unless the	2640
underage person is accompanied by a parent, spouse who is not an	2641
underage person, or legal guardian.	2642

In proceedings before the liquor control commission, no	2643
permit holder, or the employee or agent of a permit holder,	2644
charged with a violation of this division shall be charged, for	2645
the same offense, with a violation of division (A)(1) of section	2646
4301.22 of the Revised Code.	2647

(B) No person who is the owner or occupant of any public or	2648
private place shall knowingly allow any underage person to remain	2649
in or on the place while possessing or consuming beer or	2650
intoxicating liquor, unless the intoxicating liquor or beer is	2651
given to the person possessing or consuming it by that person's	2652
parent, spouse who is not an underage person, or legal guardian	2653
and the parent, spouse who is not an underage person, or legal	2654
guardian is present at the time of the person's possession or	2655
consumption of the beer or intoxicating liquor.	2656

An owner of a public or private place is not liable for acts	2657
or omissions in violation of this division that are committed by a	2658
lessee of that place, unless the owner authorizes or acquiesces in	2659
the lessee's acts or omissions.	2660

(C) No person shall engage or use accommodations at a hotel,	2661
inn, cabin, campground, or restaurant when the person knows or has	2662
reason to know either of the following:	2663

(1) That beer or intoxicating liquor will be consumed by an	2664
underage person on the premises of the accommodations that the	2665
person engages or uses, unless the person engaging or using the	2666
accommodations is the spouse of the underage person and who is not	2667
an underage person, or is the parent or legal guardian of all of	2668
the underage persons, who consume beer or intoxicating liquor on	2669
the premises and that person is on the premises at all times when	2670
beer or intoxicating liquor is being consumed by an underage	2671
person;	2672

(2) That a drug of abuse will be consumed on the premises of	2673
the accommodations by any person, except a person who obtained the	2674
drug of abuse pursuant to a prescription issued by a licensed	2675
health professional authorized to prescribe drugs and has the drug	2676
of abuse in the original container in which it was dispensed to	2677
the person.	2678

(D)(1) No person is required to permit the engagement of	2679
accommodations at any hotel, inn, cabin, or campground by an	2680
underage person or for an underage person, if the person engaging	2681
the accommodations knows or has reason to know that the underage	2682
person is intoxicated, or that the underage person possesses any	2683
beer or intoxicating liquor and is not accompanied by a parent,	2684
spouse who is not an underage person, or legal guardian who is or	2685
will be present at all times when the beer or intoxicating liquor	2686
is being consumed by the underage person.	2687

(2) No underage person shall knowingly engage or attempt to	2688
engage accommodations at any hotel, inn, cabin, or campground by	2689
presenting identification that falsely indicates that the underage	2690
person is twenty-one years of age or older for the purpose of	2691
violating this section.	2692

(E)(1) No underage person shall knowingly order, pay for,	2693
share the cost of, attempt to purchase, possess, or consume any	2694
beer or intoxicating liquor in any public or private place. No	2695
underage person shall knowingly be under the influence of any beer	2696
or intoxicating liquor in any public place. The prohibitions set	2697
forth in division (E)(1) of this section against an underage	2698
person knowingly possessing, consuming, or being under the	2699
influence of any beer or intoxicating liquor shall not apply if	2700
the underage person is accompanied by a parent, spouse who is not	2701
an underage person, or legal guardian, or the beer or intoxicating	2702
liquor is given by a physician in the regular line of the	2703
physician's practice or given for established religious purposes.	2704

(2)(a) If a person is charged with violating division (E)(1)	2705
of this section in a complaint filed under section 2151.27 of the	2706
Revised Code, the court may order the child into a diversion	2707
program specified by the court and hold the complaint in abeyance	2708
pending successful completion of the diversion program. A child is	2709
ineligible to enter into a diversion program under division	2710
(E)(2)(a) of this section if the child previously has been	2711
diverted pursuant to division (E)(2)(a) of this section. If the	2712
child completes the diversion program to the satisfaction of the	2713
court, the court shall dismiss the complaint and order the child's	2714
record in the case sealed under division (D)(3) of section	2715
sections 2151.356 to 2151.358 of the Revised Code. If the child	2716
fails to satisfactorily complete the diversion program, the court	2717
shall proceed with the complaint.	2718

(b) If a person is charged in a criminal complaint with	2719
violating division (E)(1) of this section, section 2935.36 of the	2720
Revised Code shall apply to the offense, except that a person is	2721
ineligible for diversion under that section if the person	2722
previously has been diverted pursuant to division (E)(2)(a) or (b)	2723
of this section. If the person completes the diversion program to	2724
the satisfaction of the court, the court shall dismiss the	2725
complaint and order the record in the case sealed under section	2726
2953.52 of the Revised Code. If the person fails to satisfactorily	2727
complete the diversion program, the court shall proceed with the	2728
complaint.	2729

(F) No parent, spouse who is not an underage person, or legal	2730
guardian of a minor shall knowingly permit the minor to violate	2731
this section or section 4301.63, 4301.633, or 4301.634 of the	2732
Revised Code.	2733

(G) The operator of any hotel, inn, cabin, or campground	2734
shall make the provisions of this section available in writing to	2735
any person engaging or using accommodations at the hotel, inn,	2736
cabin, or campground.	2737

(H) As used in this section:

2738

(1) "Drug of abuse" has the same meaning as in section	2739
3719.011 of the Revised Code.	2740

(2) "Hotel" has the same meaning as in section 3731.01 of the	2741
Revised Code.	2742

(3) "Licensed health professional authorized to prescribe	2743
drugs" and "prescription" have the same meanings as in section	2744
4729.01 of the Revised Code.	2745

(4) "Minor" means a person under the age of eighteen years.

2746

(5) "Underage person" means a person under the age of	2747
twenty-one years.	2748

Section 2.  That existing sections 2151.313, 2151.357,	2749
2152.72, 2930.13, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01,	2750
and 4301.69 and section 2151.358 of the Revised Code are hereby	2751
repealed.	2752