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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 |
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 | 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 | 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 |
| 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 | 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 | 845 |
the Revised Code, if records of an adjudication that a child is a | 846 |
delinquent
child have
been sealed pursuant to | 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 | 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 | 998 |
section
| 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 | 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 | 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
| 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, | 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 | 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 | 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 |