Sub. H. B. No. 137 As Reported by the Senate Judiciary--Civil Justice Committee

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

A BILL

To amend sections 2151.313, 2152.72, 2930.13, 1
3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, 2
and 4301.69; to amend, for the purpose of adopting 3
a new section number as indicated in parentheses, 4
section 2151.357 (2151.362); to enact new sections 5
2151.357 and 2151.358 and sections 2151.355 and 6
2151.356; and to repeal section 2151.358 of the 7
Revised Code to revise the procedure by which a 8
juvenile court may seal records of alleged and 9
adjudicated delinquent and unruly children and 10
adjudicated juvenile traffic offenders. 11

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (D) No person shall knowingly do any of the following: 345

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (i) The age of the person; 474

       (ii) The nature of the case; 475

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

       (iv) The education and employment history of the person; 478

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

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

       (b) The juvenile court shall provide written notice to a 489
person whose records are sealed under division (B) of this section 490
by regular mail to the person's last known address, if that person 491
is not present in the court at the time the court issues a sealing 492
order and if the court does not seal the person's record upon the 493
court's own motion, that explains what sealing a record means, 494
states that the person may apply to have those records expunged 495
under section 2151.358 of the Revised Code, and explains what 496
expunging a record means. 497

       (2) Upon final disposition of a case in which a person has 498
been adjudicated a delinquent child for committing an act other 499
than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 500
2907.05 of the Revised Code, an unruly child, or a juvenile 501
traffic offender, the juvenile court shall provide written notice 502
to the person that does all of the following: 503

       (a) States that the person may apply to the court for an 504
order to seal the record; 505

       (b) Explains what sealing a record means; 506

       (c) States that the person may apply to the court for an 507
order to expunge the record under section 2151.358 of the Revised 508
Code; 509

       (d) Explains what expunging a record means. 510

       (3) The department of youth services and any other 511
institution or facility that unconditionally discharges a person 512
who has been adjudicated a delinquent child, an unruly child, or a 513
juvenile traffic offender shall immediately give notice of the 514
discharge to the court that committed the person. The court shall 515
note the date of discharge on a separate record of discharges of 516
those natures. 517

       Sec. 2151.357. (A) If the court orders the records of a 518
person sealed pursuant to section 2151.356 of the Revised Code, 519
the person who is subject of the order properly may, and the court 520
shall, reply that no record exists with respect to the person upon 521
any inquiry in the matter, and the court, except as provided in 522
division (D) of this section, shall do all of the following: 523

       (1) Order that the proceedings in a case described in 524
divisions (B) and (C) of section 2151.356 of the Revised Code be 525
deemed never to have occurred; 526

       (2) Except as provided in division (C) of this section, 527
delete all index references to the case and the person so that the 528
references are permanently irretrievable; 529

       (3) Order that all original records of the case maintained by 530
any public office or agency, except fingerprints held by a law 531
enforcement agency, DNA specimens collected pursuant to section 532
2152.74 of the Revised Code, and DNA records derived from DNA 533
specimens pursuant to section 109.573 of the Revised Code, be 534
delivered to the court; 535

       (4) Order each public office or agency, upon the delivering 536
of records to the court under division (A)(3) of this section, to 537
expunge remaining records of the case that are the subject of the 538
sealing order that are maintained by that public office or agency, 539
except fingerprints, DNA specimens, and DNA records described 540
under division (A)(3) of this section; 541

       (5) Send notice of the order to seal to any public office or 542
agency that the court has reason to believe may have a record of 543
the sealed record; 544

       (6) Seal all of the records delivered to the court under 545
division (A)(3) of this section, in a separate file in which only 546
sealed records are maintained. 547

       (B) Except as provided in division (D) of this section, an 548
order to seal under section 2151.356 of the Revised Code applies 549
to every public office or agency that has a record relating to the 550
case, regardless of whether it receives notice of the hearing on 551
the sealing of the record or a copy of the order. Except as 552
provided in division (D) of this section, upon the written request 553
of a person whose record has been sealed and the presentation of a 554
copy of the order and compliance with division (A)(3) of this 555
section, a public office or agency shall expunge its record 556
relating to the case, except a record of the adjudication or 557
arrest or taking into custody that is maintained for compiling 558
statistical data and that does not contain any reference to the 559
person who is the subject of the order. 560

       (C) The court that maintains sealed records pursuant to this 561
section may maintain a manual or computerized index of the sealed 562
records and shall make the index available only for the purposes 563
set forth in division (E) of this section. 564

       (1) Each entry regarding a sealed record in the index of 565
sealed records shall contain all of the following: 566

       (a) The name of the person who is the subject of the sealed 567
record; 568

       (b) An alphanumeric identifier relating to the person who is 569
the subject of the sealed record; 570

       (c) The word "sealed"; 571

       (d) The name of the court that has custody of the sealed 572
record. 573

       (2) Any entry regarding a sealed record in the index of 574
sealed records shall not contain either of the following: 575

       (a) The social security number of the person who is subject 576
of the sealed record; 577

       (b) The name or a description of the act committed. 578

       (D) Notwithstanding any provision of this section that 579
requires otherwise, a board of education of a city, local, 580
exempted village, or joint vocational school district that 581
maintains records of an individual who has been permanently 582
excluded under sections 3301.121 and 3313.662 of the Revised Code 583
is permitted to maintain records regarding an adjudication that 584
the individual is a delinquent child that was used as the basis 585
for the individual's permanent exclusion, regardless of a court 586
order to seal the record. An order issued under section 2151.356 587
of the Revised Code to seal the record of an adjudication that an 588
individual is a delinquent child does not revoke the adjudication 589
order of the superintendent of public instruction to permanently 590
exclude the individual who is the subject of the sealing order. An 591
order to seal the record of an adjudication that an individual is 592
a delinquent child may be presented to a district superintendent 593
as evidence to support the contention that the superintendent 594
should recommend that the permanent exclusion of the individual 595
who is the subject of the sealing order be revoked. Except as 596
otherwise authorized by this division and sections 3301.121 and 597
3313.662 of the Revised Code, any school employee in possession of 598
or having access to the sealed adjudication records of an 599
individual that were the basis of a permanent exclusion of the 600
individual is subject to division (F) of this section. 601

       (E) Inspection of records that have been ordered sealed under 602
section 2151.356 of the Revised Code may be made only by the 603
following persons or for the following purposes: 604

       (1) By the court; 605

       (2) If the records in question pertain to an act that would 606
be an offense of violence that would be a felony if committed by 607
an adult, by any law enforcement officer or any prosecutor, or the 608
assistants of a law enforcement officer or prosecutor, for any 609
valid law enforcement or prosecutorial purpose; 610

       (3) Upon application by the person who is the subject of the 611
sealed records, by the person that is named in that application; 612

       (4) If the records in question pertain to an alleged 613
violation of division (E)(1) of section 4301.69 of the Revised 614
Code, by any law enforcement officer or any prosecutor, or the 615
assistants of a law enforcement officer or prosecutor, for the 616
purpose of determining whether the person is eligible for 617
diversion under division (E)(2) of section 4301.69 of the Revised 618
Code; 619

       (5) At the request of a party in a civil action that is based 620
on a case the records for which are the subject of a sealing order 621
issued under section 2151.356 of the Revised Code, as needed for 622
the civil action. The party also may copy the records as needed 623
for the civil action. The sealed records shall be used solely in 624
the civil action and are otherwise confidential and subject to the 625
provisions of this section. 626

       (F) No officer or employee of the state or any of its 627
political subdivisions shall knowingly release, disseminate, or 628
make available for any purpose involving employment, bonding, 629
licensing, or education to any person or to any department, 630
agency, or other instrumentality of the state or of any of its 631
political subdivisions any information or other data concerning 632
any arrest, taking into custody, complaint, indictment, 633
information, trial, hearing, adjudication, or correctional 634
supervision, the records of which have been sealed pursuant to 635
section 2151.356 of the Revised Code and the release, 636
dissemination, or making available of which is not expressly 637
permitted by this section. Whoever violates this division is 638
guilty of divulging confidential information, a misdemeanor of the 639
fourth degree. 640

       (G) In any application for employment, license, or other 641
right or privilege, any appearance as a witness, or any other 642
inquiry, a person may not be questioned with respect to any arrest 643
or taking into custody for which the records were sealed. If an 644
inquiry is made in violation of this division, the person may 645
respond as if the sealed arrest or taking into custody did not 646
occur, and the person shall not be subject to any adverse action 647
because of the arrest or taking into custody or the response. 648

       (H) The judgment rendered by the court under this chapter 649
shall not impose any of the civil disabilities ordinarily imposed 650
by conviction of a crime in that the child is not a criminal by 651
reason of the adjudication, and no child shall be charged with or 652
convicted of a crime in any court except as provided by this 653
chapter. The disposition of a child under the judgment rendered or 654
any evidence given in court shall not operate to disqualify a 655
child in any future civil service examination, appointment, or 656
application. Evidence of a judgment rendered and the disposition 657
of a child under the judgment is not admissible to impeach the 658
credibility of the child in any action or proceeding. Otherwise, 659
the disposition of a child under the judgment rendered or any 660
evidence given in court is admissible as evidence for or against 661
the child in any action or proceeding in any court in accordance 662
with the Rules of Evidence and also may be considered by any court 663
as to the matter of sentence or to the granting of probation, and 664
a court may consider the judgment rendered and the disposition of 665
a child under that judgment for purposes of determining whether 666
the child, for a future criminal conviction or guilty plea, is a 667
repeat violent offender, as defined in section 2929.01 of the 668
Revised Code. 669

       Sec. 2151.358. (A) The juvenile court shall expunge all 670
records sealed under section 2151.356 of the Revised Code five 671
years after the court issues a sealing order or upon the 672
twenty-third birthday of the person who is the subject of the 673
sealing order, whichever date is earlier. 674

       (B) Notwithstanding division (A) of this section, upon 675
application by the person who has had a record sealed under 676
section 2151.356 of the Revised Code, the juvenile court may 677
expunge a record sealed under section 2151.356 of the Revised 678
Code. In making the determination whether to expunge records, all 679
of the following apply: 680

       (1) The court may require a person filing an application for 681
expungement to submit any relevant documentation to support the 682
application. 683

       (2) The court may cause an investigation to be made to 684
determine if the person who is the subject of the proceedings has 685
been rehabilitated to a satisfactory degree. 686

       (3) The court shall promptly notify the prosecuting attorney 687
of any proceedings to expunge records. 688

       (4)(a) The prosecuting attorney may file a response with the 689
court within thirty days of receiving notice of the expungement 690
proceedings. 691

       (b) If the prosecuting attorney does not file a response with 692
the court or if the prosecuting attorney files a response but 693
indicates that the prosecuting attorney does not object to the 694
expungement of the records, the court may order the records of the 695
person that are under consideration to be expunged without 696
conducting a hearing on the application. If the court decides in 697
its discretion to conduct a hearing on the application, the court 698
shall conduct the hearing within thirty days after making that 699
decision and shall give notice, by regular mail, of the date, 700
time, and location of the hearing to the prosecuting attorney and 701
to the person who is the subject of the records under 702
consideration. 703

       (c) If the prosecuting attorney files a response with the 704
court that indicates that the prosecuting attorney objects to the 705
expungement of the records, the court shall conduct a hearing on 706
the application within thirty days after the court receives the 707
response. The court shall give notice, by regular mail, of the 708
date, time, and location of the hearing to the prosecuting 709
attorney and to the person who is the subject of the records under 710
consideration. 711

       (5) After conducting a hearing in accordance with division 712
(B)(4) of this section or after due consideration when a hearing 713
is not conducted, the court may order the records of the person 714
that are the subject of the application to be expunged if it finds 715
that the person has been rehabilitated to a satisfactory degree. 716
In determining whether the person has been rehabilitated to a 717
satisfactory degree, the court may consider all of the following: 718

       (a) The age of the person; 719

       (b) The nature of the case; 720

       (c) The cessation or continuation of delinquent, unruly, or 721
criminal behavior; 722

       (d) The education and employment history of the person; 723

       (e) Any other circumstances that may relate to the 724
rehabilitation of the person who is the subject of the records 725
under consideration. 726

       (C) If the juvenile court is notified by any party in a civil 727
action that a civil action has been filed based on a case the 728
records for which are the subject of a sealing order, the juvenile 729
court shall not expunge a record sealed under section 2151.356 of 730
the Revised Code until the civil action has been resolved and is 731
not subject to further appellate review, at which time the records 732
shall be expunged pursuant to division (A) of this section. 733

       (D) After the records have been expunged, the person who is 734
the subject of the expunged records properly may, and the court 735
shall, reply that no record exists with respect to the person upon 736
any inquiry in the matter. 737

       ~~Sec. 2151.357.~~        Sec. 2151.362. (A)(1) In the manner prescribed by 738
division (C)(1) or (2) of section 3313.64 of the Revised Code, as 739
applicable, the court, at the time of making any order that 740
removes a child from the child's own home or that vests legal or 741
permanent custody of the child in a person other than the child's 742
parent or a government agency, shall determine the school district 743
that is to bear the cost of educating the child. The court shall 744
make the determination a part of the order that provides for the 745
child's placement or commitment. That school district shall bear 746
the cost of educating the child unless and until the court 747
modifies its order pursuant to division (A)(2) of this section. 748

        (2) If, while the child is in the custody of a person other 749
than the child's parent or a government agency, the department of 750
education notifies the court that the place of residence of the 751
child's parent has changed since the court issued its initial 752
order, the court may modify its order to name a different school 753
district to bear the cost of educating the child. The department 754
may submit the notice to the court upon receipt, from the school 755
district initially ordered to bear the cost of educating the 756
child, of evidence acceptable to the department that the residence 757
of the child's parent has changed since the court issued its 758
initial order. In the notice to the court, the department shall 759
recommend to the court whether a different district should be 760
ordered to bear the cost of educating the child and, if so, which 761
district should be so ordered. The department shall recommend to 762
the court the district in which the child's parent currently 763
resides or, if the parent's residence is not known, the district 764
in which the parent's last known residence is located. If the 765
department cannot determine any Ohio district in which the parent 766
currently resides or has resided, the school district designated 767
in the initial court order shall continue to bear the cost of 768
educating the child. 769

        The court may consider the content of a notice by the 770
department of education under division (A)(2) of this section as 771
conclusive evidence as to which school district should bear the 772
cost of educating the child and may amend its order accordingly. 773

       (B) Whenever a child is placed in a detention facility 774
established under section 2152.41 of the Revised Code or a 775
juvenile facility established under section 2151.65 of the Revised 776
Code, the child's school district as determined by the court shall 777
pay the cost of educating the child based on the per capita cost 778
of the educational facility within the detention home or juvenile 779
facility. 780

       (C) Whenever a child is placed by the court in a private 781
institution, school, or residential treatment center or any other 782
private facility, the state shall pay to the court a subsidy to 783
help defray the expense of educating the child in an amount equal 784
to the product of the daily per capita educational cost of the 785
private facility, as determined pursuant to this section, and the 786
number of days the child resides at the private facility, provided 787
that the subsidy shall not exceed twenty-five hundred dollars per 788
year per child. The daily per capita educational cost of a private 789
facility shall be determined by dividing the actual program cost 790
of the private facility or twenty-five hundred dollars, whichever 791
is less, by three hundred sixty-five days or by three hundred 792
sixty-six days for years that include February twenty-ninth. The 793
state shall pay seventy-five per cent of the total subsidy for 794
each year quarterly to the court. The state may adjust the 795
remaining twenty-five per cent of the total subsidy to be paid to 796
the court for each year to an amount that is less than twenty-five 797
per cent of the total subsidy for that year based upon the 798
availability of funds appropriated to the department of education 799
for the purpose of subsidizing courts that place a child in a 800
private institution, school, or residential treatment center or 801
any other private facility and shall pay that adjusted amount to 802
the court at the end of the year. 803

       Sec. 2152.72. (A) This section applies only to a child who 804
is or previously has been adjudicated a delinquent child for an 805
act to which any of the following applies: 806

       (1) The act is a violation of section 2903.01, 2903.02, 807
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 808
2907.05 of the Revised Code. 809

       (2) The act is a violation of section 2923.01 of the Revised 810
Code and involved an attempt to commit aggravated murder or 811
murder. 812

       (3) The act would be a felony if committed by an adult, and 813
the court determined that the child, if an adult, would be guilty 814
of a specification found in section 2941.141, 2941.144, or 815
2941.145 of the Revised Code or in another section of the Revised 816
Code that relates to the possession or use of a firearm during the 817
commission of the act for which the child was adjudicated a 818
delinquent child. 819

       (4) The act would be an offense of violence that is a felony 820
if committed by an adult, and the court determined that the child, 821
if an adult, would be guilty of a specification found in section 822
2941.1411 of the Revised Code or in another section of the Revised 823
Code that relates to the wearing or carrying of body armor during 824
the commission of the act for which the child was adjudicated a 825
delinquent child. 826

       (B)(1) Except as provided in division (E) of this section, a 827
public children services agency, private child placing agency, 828
private noncustodial agency, or court, the department of youth 829
services, or another private or government entity shall not place 830
a child in a certified foster home or for adoption until it 831
provides the foster caregivers or prospective adoptive parents 832
with all of the following: 833

       (a) A written report describing the child's social history; 834

       (b) A written report describing all the acts committed by the 835
child the entity knows of that resulted in the child being 836
adjudicated a delinquent child and the disposition made by the 837
court, unless the records pertaining to the acts have been sealed 838
pursuant to section ~~2151.358~~2151.356 of the Revised Code; 839

       (c) A written report describing any other violent act 840
committed by the child of which the entity is aware; 841

       (d) The substantial and material conclusions and 842
recommendations of any psychiatric or psychological examination 843
conducted on the child or, if no psychological or psychiatric 844
examination of the child is available, the substantial and 845
material conclusions and recommendations of an examination to 846
detect mental and emotional disorders conducted in compliance with 847
the requirements of Chapter 4757. of the Revised Code by an 848
independent social worker, social worker, professional clinical 849
counselor, or professional counselor licensed under that chapter. 850
The entity shall not provide any part of a psychological, 851
psychiatric, or mental and emotional disorder examination to the 852
foster caregivers or prospective adoptive parents other than the 853
substantial and material conclusions. 854

       (2) Notwithstanding ~~section~~sections 2151.356 to 2151.358 of 855
the Revised Code, if records of an adjudication that a child is a 856
delinquent child have been sealed pursuant to ~~that section~~those 857
sections and an entity knows the records have been sealed, the 858
entity shall provide the foster caregivers or prospective adoptive 859
parents a written statement that the records of a prior 860
adjudication have been sealed. 861

       (C)(1) The entity that places the child in a certified foster 862
home or for adoption shall conduct a psychological examination of 863
the child unless either of the following applies: 864

       (a) An entity is not required to conduct the examination if 865
an examination was conducted no more than one year prior to the 866
child's placement, and division (C)(1)(b) of this section does not 867
apply. 868

       (b) An entity is not required to conduct the examination if a 869
foster caregiver seeks to adopt the foster caregiver's foster 870
child, and an examination was conducted no more than two years 871
prior to the date the foster caregiver seeks to adopt the child. 872

       (2) No later than sixty days after placing the child, the 873
entity shall provide the foster caregiver or prospective adoptive 874
parents a written report detailing the substantial and material 875
conclusions and recommendations of the examination conducted 876
pursuant to this division. 877

       (D)(1) Except as provided in divisions (D)(2) and (3) of this 878
section, the expenses of conducting the examinations and preparing 879
the reports and assessment required by division (B) or (C) of this 880
section shall be paid by the entity that places the child in the 881
certified foster home or for adoption. 882

       (2) When a juvenile court grants temporary or permanent 883
custody of a child pursuant to any section of the Revised Code, 884
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the 885
Revised Code, to a public children services agency or private 886
child placing agency, the court shall provide the agency the 887
information described in division (B) of this section, pay the 888
expenses of preparing that information, and, if a new examination 889
is required to be conducted, pay the expenses of conducting the 890
examination described in division (C) of this section. On receipt 891
of the information described in division (B) of this section, the 892
agency shall provide to the court written acknowledgment that the 893
agency received the information. The court shall keep the 894
acknowledgment and provide a copy to the agency. On the motion of 895
the agency, the court may terminate the order granting temporary 896
or permanent custody of the child to that agency, if the court 897
does not provide the information described in division (B) of this 898
section. 899

       (3) If one of the following entities is placing a child in a 900
certified foster home or for adoption with the assistance of or by 901
contracting with a public children services agency, private child 902
placing agency, or a private noncustodial agency, the entity shall 903
provide the agency with the information described in division (B) 904
of this section, pay the expenses of preparing that information, 905
and, if a new examination is required to be conducted, pay the 906
expenses of conducting the examination described in division (C) 907
of this section: 908

       (a) The department of youth services if the placement is 909
pursuant to any section of the Revised Code including section 910
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 911
Code; 912

       (b) A juvenile court with temporary or permanent custody of a 913
child pursuant to section 2151.354 or 2152.19 of the Revised Code; 914

       (c) A public children services agency or private child 915
placing agency with temporary or permanent custody of the child. 916

       The agency receiving the information described in division 917
(B) of this section shall provide the entity described in division 918
(D)(3)(a) to (c) of this section that sent the information written 919
acknowledgment that the agency received the information and 920
provided it to the foster caregivers or prospective adoptive 921
parents. The entity shall keep the acknowledgment and provide a 922
copy to the agency. An entity that places a child in a certified 923
foster home or for adoption with the assistance of or by 924
contracting with an agency remains responsible to provide the 925
information described in division (B) of this section to the 926
foster caregivers or prospective adoptive parents unless the 927
entity receives written acknowledgment that the agency provided 928
the information. 929

       (E) If a child is placed in a certified foster home as a 930
result of an emergency removal of the child from home pursuant to 931
division (D) of section 2151.31 of the Revised Code, an emergency 932
change in the child's case plan pursuant to division (E)(3) of 933
section 2151.412 of the Revised Code, or an emergency placement by 934
the department of youth services pursuant to this chapter or 935
Chapter 5139. of the Revised Code, the entity that places the 936
child in the certified foster home shall provide the information 937
described in division (B) of this section no later than ninety-six 938
hours after the child is placed in the certified foster home. 939

       (F) On receipt of the information described in divisions (B) 940
and (C) of this section, the foster caregiver or prospective 941
adoptive parents shall provide to the entity that places the child 942
in the foster caregiver's or prospective adoptive parents' home a 943
written acknowledgment that the foster caregiver or prospective 944
adoptive parents received the information. The entity shall keep 945
the acknowledgment and provide a copy to the foster caregiver or 946
prospective adoptive parents. 947

       (G) No person employed by an entity subject to this section 948
and made responsible by that entity for the child's placement in a 949
certified foster home or for adoption shall fail to provide the 950
foster caregivers or prospective adoptive parents with the 951
information required by divisions (B) and (C) of this section. 952

       (H) It is not a violation of any duty of confidentiality 953
provided for in the Revised Code or a code of professional 954
responsibility for a person or government entity to provide the 955
substantial and material conclusions and recommendations of a 956
psychiatric or psychological examination, or an examination to 957
detect mental and emotional disorders, in accordance with division 958
(B)(1)(d) or (C) of this section. 959

       (I) As used in this section: 960

       (1) "Body armor" has the same meaning as in section 2941.1411 961
of the Revised Code. 962

       (2) "Firearm" has the same meaning as in section 2923.11 of 963
the Revised Code. 964

       Sec. 2930.13. (A) If the court orders the preparation of a 965
victim impact statement pursuant to division (D)(1) of section 966
2152.19 or section 2947.051 of the Revised Code, the victim in the 967
case may make a written or oral statement regarding the impact of 968
the crime or specified delinquent act to the person whom the court 969
orders to prepare the victim impact statement. A statement made by 970
the victim under this section shall be included in the victim 971
impact statement. 972

       (B) If a probation officer or other person is preparing a 973
presentence investigation report pursuant to section 2947.06 or 974
2951.03 of the Revised Code or Criminal Rule 32.2, or a 975
disposition investigation report pursuant to section ~~2151.355~~ 976
2152.18 of the Revised Code, concerning the defendant or alleged 977
juvenile offender in the case, the victim may make a written or 978
oral statement regarding the impact of the crime or specified 979
delinquent act to the probation officer or other person. The 980
probation officer or other person shall use the statement in 981
preparing the presentence investigation report or disposition 982
investigation report and, upon the victim's request, shall include 983
a written statement submitted by the victim in the presentence 984
investigation report or disposition investigation report. 985

       (C) A statement made by the victim under division (A) or (B) 986
of this section may include the following: 987

       (1) An explanation of the nature and extent of any physical, 988
psychological, or emotional harm suffered by the victim as a 989
result of the crime or specified delinquent act that is the basis 990
of the case; 991

       (2) An explanation of the extent of any property damage or 992
other economic loss suffered by the victim as a result of that 993
crime or specified delinquent act; 994

       (3) An opinion regarding the extent to which, if any, the 995
victim needs restitution for harm caused by the defendant or 996
alleged juvenile offender as a result of that crime or specified 997
delinquent act and information about whether the victim has 998
applied for or received any compensation for loss or damage caused 999
by that crime or specified delinquent act; 1000

       (4) The victim's recommendation for an appropriate sanction 1001
or disposition for the defendant or alleged juvenile offender 1002
regarding that crime or specified delinquent act. 1003

       (D) If a statement made by a victim under division (A) of 1004
this section is included in a victim impact statement, the 1005
provision, receipt, and retention of copies of, the use of, and 1006
the confidentiality, nonpublic record character, and sealing of 1007
the victim impact statement is governed by division ~~(H)~~(B)(2) of 1008
section ~~2151.355~~2152.20 or by division (C) of section 2947.051 of 1009
the Revised Code, as appropriate. If a statement made by a victim 1010
under division (B) of this section is included in a presentence 1011
investigation report prepared pursuant to section 2947.06 or 1012
2951.03 of the Revised Code or Criminal Rule 32.2 or in a 1013
disposition investigation report pursuant to division (C)(1) of 1014
section 2152.18 of the Revised Code, the provision, receipt, and 1015
retention of copies of, the use of, and the confidentiality, 1016
nonpublic record character, and sealing of the presentence 1017
investigation report or disposition investigation report that 1018
contains the victim's statement is governed by section 2951.03 of 1019
the Revised Code. 1020

       Sec. 3301.0714. (A) The state board of education shall adopt 1021
rules for a statewide education management information system. The 1022
rules shall require the state board to establish guidelines for 1023
the establishment and maintenance of the system in accordance with 1024
this section and the rules adopted under this section. The 1025
guidelines shall include: 1026

       (1) Standards identifying and defining the types of data in 1027
the system in accordance with divisions (B) and (C) of this 1028
section; 1029

       (2) Procedures for annually collecting and reporting the data 1030
to the state board in accordance with division (D) of this 1031
section; 1032

       (3) Procedures for annually compiling the data in accordance 1033
with division (G) of this section; 1034

       (4) Procedures for annually reporting the data to the public 1035
in accordance with division (H) of this section. 1036

       (B) The guidelines adopted under this section shall require 1037
the data maintained in the education management information system 1038
to include at least the following: 1039

       (1) Student participation and performance data, for each 1040
grade in each school district as a whole and for each grade in 1041
each school building in each school district, that includes: 1042

       (a) The numbers of students receiving each category of 1043
instructional service offered by the school district, such as 1044
regular education instruction, vocational education instruction, 1045
specialized instruction programs or enrichment instruction that is 1046
part of the educational curriculum, instruction for gifted 1047
students, instruction for handicapped students, and remedial 1048
instruction. The guidelines shall require instructional services 1049
under this division to be divided into discrete categories if an 1050
instructional service is limited to a specific subject, a specific 1051
type of student, or both, such as regular instructional services 1052
in mathematics, remedial reading instructional services, 1053
instructional services specifically for students gifted in 1054
mathematics or some other subject area, or instructional services 1055
for students with a specific type of handicap. The categories of 1056
instructional services required by the guidelines under this 1057
division shall be the same as the categories of instructional 1058
services used in determining cost units pursuant to division 1059
(C)(3) of this section. 1060

       (b) The numbers of students receiving support or 1061
extracurricular services for each of the support services or 1062
extracurricular programs offered by the school district, such as 1063
counseling services, health services, and extracurricular sports 1064
and fine arts programs. The categories of services required by the 1065
guidelines under this division shall be the same as the categories 1066
of services used in determining cost units pursuant to division 1067
(C)(4)(a) of this section. 1068

       (c) Average student grades in each subject in grades nine 1069
through twelve; 1070

       (d) Academic achievement levels as assessed by the testing of 1071
student achievement under sections 3301.0710 and 3301.0711 of the 1072
Revised Code; 1073

       (e) The number of students designated as having a 1074
handicapping condition pursuant to division (C)(1) of section 1075
3301.0711 of the Revised Code; 1076

       (f) The numbers of students reported to the state board 1077
pursuant to division (C)(2) of section 3301.0711 of the Revised 1078
Code; 1079

       (g) Attendance rates and the average daily attendance for the 1080
year. For purposes of this division, a student shall be counted as 1081
present for any field trip that is approved by the school 1082
administration. 1083

       (h) Expulsion rates; 1084

       (i) Suspension rates; 1085

       (j) The percentage of students receiving corporal punishment; 1086

       (k) Dropout rates; 1087

       (l) Rates of retention in grade; 1088

       (m) For pupils in grades nine through twelve, the average 1089
number of carnegie units, as calculated in accordance with state 1090
board of education rules; 1091

       (n) Graduation rates, to be calculated in a manner specified 1092
by the department of education that reflects the rate at which 1093
students who were in the ninth grade three years prior to the 1094
current year complete school and that is consistent with 1095
nationally accepted reporting requirements; 1096

       (o) Results of diagnostic assessments administered to 1097
kindergarten students as required under section 3301.0715 of the 1098
Revised Code to permit a comparison of the academic readiness of 1099
kindergarten students. However, no district shall be required to 1100
report to the department the results of any diagnostic assessment 1101
administered to a kindergarten student if the parent of that 1102
student requests the district not to report those results. 1103

       (2) Personnel and classroom enrollment data for each school 1104
district, including: 1105

       (a) The total numbers of licensed employees and nonlicensed 1106
employees and the numbers of full-time equivalent licensed 1107
employees and nonlicensed employees providing each category of 1108
instructional service, instructional support service, and 1109
administrative support service used pursuant to division (C)(3) of 1110
this section. The guidelines adopted under this section shall 1111
require these categories of data to be maintained for the school 1112
district as a whole and, wherever applicable, for each grade in 1113
the school district as a whole, for each school building as a 1114
whole, and for each grade in each school building. 1115

       (b) The total number of employees and the number of full-time 1116
equivalent employees providing each category of service used 1117
pursuant to divisions (C)(4)(a) and (b) of this section, and the 1118
total numbers of licensed employees and nonlicensed employees and 1119
the numbers of full-time equivalent licensed employees and 1120
nonlicensed employees providing each category used pursuant to 1121
division (C)(4)(c) of this section. The guidelines adopted under 1122
this section shall require these categories of data to be 1123
maintained for the school district as a whole and, wherever 1124
applicable, for each grade in the school district as a whole, for 1125
each school building as a whole, and for each grade in each school 1126
building. 1127

       (c) The total number of regular classroom teachers teaching 1128
classes of regular education and the average number of pupils 1129
enrolled in each such class, in each of grades kindergarten 1130
through five in the district as a whole and in each school 1131
building in the school district. 1132

       (d) The number of master teachers employed by each school 1133
district and each school building, once a definition of master 1134
teacher has been developed by the educator standards board 1135
pursuant to section 3319.61 of the Revised Code. 1136

       (3)(a) Student demographic data for each school district, 1137
including information regarding the gender ratio of the school 1138
district's pupils, the racial make-up of the school district's 1139
pupils, the number of limited English proficient students in the 1140
district, and an appropriate measure of the number of the school 1141
district's pupils who reside in economically disadvantaged 1142
households. The demographic data shall be collected in a manner to 1143
allow correlation with data collected under division (B)(1) of 1144
this section. Categories for data collected pursuant to division 1145
(B)(3) of this section shall conform, where appropriate, to 1146
standard practices of agencies of the federal government. 1147

       (b) With respect to each student entering kindergarten, 1148
whether the student previously participated in a public preschool 1149
program, a private preschool program, or a head start program, and 1150
the number of years the student participated in each of these 1151
programs. 1152

       (4) Any data required to be collected pursuant to federal 1153
law. 1154

       (C) The education management information system shall include 1155
cost accounting data for each district as a whole and for each 1156
school building in each school district. The guidelines adopted 1157
under this section shall require the cost data for each school 1158
district to be maintained in a system of mutually exclusive cost 1159
units and shall require all of the costs of each school district 1160
to be divided among the cost units. The guidelines shall require 1161
the system of mutually exclusive cost units to include at least 1162
the following: 1163

       (1) Administrative costs for the school district as a whole. 1164
The guidelines shall require the cost units under this division 1165
(C)(1) to be designed so that each of them may be compiled and 1166
reported in terms of average expenditure per pupil in formula ADM 1167
in the school district, as determined pursuant to section 3317.03 1168
of the Revised Code. 1169

       (2) Administrative costs for each school building in the 1170
school district. The guidelines shall require the cost units under 1171
this division (C)(2) to be designed so that each of them may be 1172
compiled and reported in terms of average expenditure per 1173
full-time equivalent pupil receiving instructional or support 1174
services in each building. 1175

       (3) Instructional services costs for each category of 1176
instructional service provided directly to students and required 1177
by guidelines adopted pursuant to division (B)(1)(a) of this 1178
section. The guidelines shall require the cost units under 1179
division (C)(3) of this section to be designed so that each of 1180
them may be compiled and reported in terms of average expenditure 1181
per pupil receiving the service in the school district as a whole 1182
and average expenditure per pupil receiving the service in each 1183
building in the school district and in terms of a total cost for 1184
each category of service and, as a breakdown of the total cost, a 1185
cost for each of the following components: 1186

       (a) The cost of each instructional services category required 1187
by guidelines adopted under division (B)(1)(a) of this section 1188
that is provided directly to students by a classroom teacher; 1189

       (b) The cost of the instructional support services, such as 1190
services provided by a speech-language pathologist, classroom 1191
aide, multimedia aide, or librarian, provided directly to students 1192
in conjunction with each instructional services category; 1193

       (c) The cost of the administrative support services related 1194
to each instructional services category, such as the cost of 1195
personnel that develop the curriculum for the instructional 1196
services category and the cost of personnel supervising or 1197
coordinating the delivery of the instructional services category. 1198

       (4) Support or extracurricular services costs for each 1199
category of service directly provided to students and required by 1200
guidelines adopted pursuant to division (B)(1)(b) of this section. 1201
The guidelines shall require the cost units under division (C)(4) 1202
of this section to be designed so that each of them may be 1203
compiled and reported in terms of average expenditure per pupil 1204
receiving the service in the school district as a whole and 1205
average expenditure per pupil receiving the service in each 1206
building in the school district and in terms of a total cost for 1207
each category of service and, as a breakdown of the total cost, a 1208
cost for each of the following components: 1209

       (a) The cost of each support or extracurricular services 1210
category required by guidelines adopted under division (B)(1)(b) 1211
of this section that is provided directly to students by a 1212
licensed employee, such as services provided by a guidance 1213
counselor or any services provided by a licensed employee under a 1214
supplemental contract; 1215

       (b) The cost of each such services category provided directly 1216
to students by a nonlicensed employee, such as janitorial 1217
services, cafeteria services, or services of a sports trainer; 1218

       (c) The cost of the administrative services related to each 1219
services category in division (C)(4)(a) or (b) of this section, 1220
such as the cost of any licensed or nonlicensed employees that 1221
develop, supervise, coordinate, or otherwise are involved in 1222
administering or aiding the delivery of each services category. 1223

       (D)(1) The guidelines adopted under this section shall 1224
require school districts to collect information about individual 1225
students, staff members, or both in connection with any data 1226
required by division (B) or (C) of this section or other reporting 1227
requirements established in the Revised Code. The guidelines may 1228
also require school districts to report information about 1229
individual staff members in connection with any data required by 1230
division (B) or (C) of this section or other reporting 1231
requirements established in the Revised Code. The guidelines shall 1232
not authorize school districts to request social security numbers 1233
of individual students. The guidelines shall prohibit the 1234
reporting under this section of a student's name, address, and 1235
social security number to the state board of education or the 1236
department of education. The guidelines shall also prohibit the 1237
reporting under this section of any personally identifiable 1238
information about any student, except for the purpose of assigning 1239
the data verification code required by division (D)(2) of this 1240
section, to any other person unless such person is employed by the 1241
school district or the data acquisition site operated under 1242
section 3301.075 of the Revised Code and is authorized by the 1243
district or acquisition site to have access to such information or 1244
is employed by an entity with which the department contracts for 1245
the scoring of tests administered under section 3301.0711 or 1246
3301.0712 of the Revised Code. The guidelines may require school 1247
districts to provide the social security numbers of individual 1248
staff members. 1249

       (2) The guidelines shall provide for each school district or 1250
community school to assign a data verification code that is unique 1251
on a statewide basis over time to each student whose initial Ohio 1252
enrollment is in that district or school and to report all 1253
required individual student data for that student utilizing such 1254
code. The guidelines shall also provide for assigning data 1255
verification codes to all students enrolled in districts or 1256
community schools on the effective date of the guidelines 1257
established under this section. 1258

       Individual student data shall be reported to the department 1259
through the data acquisition sites utilizing the code but, except 1260
as provided in section 3310.11 of the Revised Code, at no time 1261
shall the state board or the department have access to information 1262
that would enable any data verification code to be matched to 1263
personally identifiable student data. 1264

       Each school district shall ensure that the data verification 1265
code is included in the student's records reported to any 1266
subsequent school district or community school in which the 1267
student enrolls. Any such subsequent district or school shall 1268
utilize the same identifier in its reporting of data under this 1269
section. 1270

       (E) The guidelines adopted under this section may require 1271
school districts to collect and report data, information, or 1272
reports other than that described in divisions (A), (B), and (C) 1273
of this section for the purpose of complying with other reporting 1274
requirements established in the Revised Code. The other data, 1275
information, or reports may be maintained in the education 1276
management information system but are not required to be compiled 1277
as part of the profile formats required under division (G) of this 1278
section or the annual statewide report required under division (H) 1279
of this section. 1280

       (F) Beginning with the school year that begins July 1, 1991, 1281
the board of education of each school district shall annually 1282
collect and report to the state board, in accordance with the 1283
guidelines established by the board, the data required pursuant to 1284
this section. A school district may collect and report these data 1285
notwithstanding section ~~2151.358~~2151.357 or 3319.321 of the 1286
Revised Code. 1287

       (G) The state board shall, in accordance with the procedures 1288
it adopts, annually compile the data reported by each school 1289
district pursuant to division (D) of this section. The state board 1290
shall design formats for profiling each school district as a whole 1291
and each school building within each district and shall compile 1292
the data in accordance with these formats. These profile formats 1293
shall: 1294

       (1) Include all of the data gathered under this section in a 1295
manner that facilitates comparison among school districts and 1296
among school buildings within each school district; 1297

       (2) Present the data on academic achievement levels as 1298
assessed by the testing of student achievement maintained pursuant 1299
to division (B)(1)(d) of this section. 1300

       (H)(1) The state board shall, in accordance with the 1301
procedures it adopts, annually prepare a statewide report for all 1302
school districts and the general public that includes the profile 1303
of each of the school districts developed pursuant to division (G) 1304
of this section. Copies of the report shall be sent to each school 1305
district. 1306

       (2) The state board shall, in accordance with the procedures 1307
it adopts, annually prepare an individual report for each school 1308
district and the general public that includes the profiles of each 1309
of the school buildings in that school district developed pursuant 1310
to division (G) of this section. Copies of the report shall be 1311
sent to the superintendent of the district and to each member of 1312
the district board of education. 1313

       (3) Copies of the reports received from the state board under 1314
divisions (H)(1) and (2) of this section shall be made available 1315
to the general public at each school district's offices. Each 1316
district board of education shall make copies of each report 1317
available to any person upon request and payment of a reasonable 1318
fee for the cost of reproducing the report. The board shall 1319
annually publish in a newspaper of general circulation in the 1320
school district, at least twice during the two weeks prior to the 1321
week in which the reports will first be available, a notice 1322
containing the address where the reports are available and the 1323
date on which the reports will be available. 1324

       (I) Any data that is collected or maintained pursuant to this 1325
section and that identifies an individual pupil is not a public 1326
record for the purposes of section 149.43 of the Revised Code. 1327

       (J) As used in this section: 1328

       (1) "School district" means any city, local, exempted 1329
village, or joint vocational school district. 1330

       (2) "Cost" means any expenditure for operating expenses made 1331
by a school district excluding any expenditures for debt 1332
retirement except for payments made to any commercial lending 1333
institution for any loan approved pursuant to section 3313.483 of 1334
the Revised Code. 1335

       (K) Any person who removes data from the information system 1336
established under this section for the purpose of releasing it to 1337
any person not entitled under law to have access to such 1338
information is subject to section 2913.42 of the Revised Code 1339
prohibiting tampering with data. 1340

       (L) Any time the department of education determines that a 1341
school district has taken any of the actions described under 1342
division (L)(1), (2), or (3) of this section, it shall make a 1343
report of the actions of the district, send a copy of the report 1344
to the superintendent of such school district, and maintain a copy 1345
of the report in its files: 1346

       (1) The school district fails to meet any deadline 1347
established pursuant to this section for the reporting of any data 1348
to the education management information system; 1349

       (2) The school district fails to meet any deadline 1350
established pursuant to this section for the correction of any 1351
data reported to the education management information system; 1352

       (3) The school district reports data to the education 1353
management information system in a condition, as determined by the 1354
department, that indicates that the district did not make a good 1355
faith effort in reporting the data to the system. 1356

       Any report made under this division shall include 1357
recommendations for corrective action by the school district. 1358

       Upon making a report for the first time in a fiscal year, the 1359
department shall withhold ten per cent of the total amount due 1360
during that fiscal year under Chapter 3317. of the Revised Code to 1361
the school district to which the report applies. Upon making a 1362
second report in a fiscal year, the department shall withhold an 1363
additional twenty per cent of such total amount due during that 1364
fiscal year to the school district to which the report applies. 1365
The department shall not release such funds unless it determines 1366
that the district has taken corrective action. However, no such 1367
release of funds shall occur if the district fails to take 1368
corrective action within forty-five days of the date upon which 1369
the report was made by the department. 1370

       (M) No data acquisition site or school district shall 1371
acquire, change, or update its student administration software 1372
package to manage and report data required to be reported to the 1373
department unless it converts to a student software package that 1374
is certified by the department. 1375

       (N) The state board of education, in accordance with sections 1376
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 1377
license as defined under division (A) of section 3319.31 of the 1378
Revised Code that has been issued to any school district employee 1379
found to have willfully reported erroneous, inaccurate, or 1380
incomplete data to the education management information system. 1381

       (O) No person shall release or maintain any information about 1382
any student in violation of this section. Whoever violates this 1383
division is guilty of a misdemeanor of the fourth degree. 1384

       (P) The department shall disaggregate the data collected 1385
under division (B)(1)(o) of this section according to the race and 1386
socioeconomic status of the students assessed. No data collected 1387
under that division shall be included on the report cards required 1388
by section 3302.03 of the Revised Code. 1389

       (Q) If the department cannot compile any of the information 1390
required by division (C)(5) of section 3302.03 of the Revised Code 1391
based upon the data collected under this section, the department 1392
shall develop a plan and a reasonable timeline for the collection 1393
of any data necessary to comply with that division. 1394

       Sec. 3313.64. (A) As used in this section and in section 1395
3313.65 of the Revised Code: 1396

       (1)(a) Except as provided in division (A)(1)(b) of this 1397
section, "parent" means either parent, unless the parents are 1398
separated or divorced or their marriage has been dissolved or 1399
annulled, in which case "parent" means the parent who is the 1400
residential parent and legal custodian of the child. When a child 1401
is in the legal custody of a government agency or a person other 1402
than the child's natural or adoptive parent, "parent" means the 1403
parent with residual parental rights, privileges, and 1404
responsibilities. When a child is in the permanent custody of a 1405
government agency or a person other than the child's natural or 1406
adoptive parent, "parent" means the parent who was divested of 1407
parental rights and responsibilities for the care of the child and 1408
the right to have the child live with the parent and be the legal 1409
custodian of the child and all residual parental rights, 1410
privileges, and responsibilities. 1411

       (b) When a child is the subject of a power of attorney 1412
executed under sections 3109.51 to 3109.62 of the Revised Code, 1413
"parent" means the grandparent designated as attorney in fact 1414
under the power of attorney. When a child is the subject of a 1415
caretaker authorization affidavit executed under sections 3109.64 1416
to 3109.73 of the Revised Code, "parent" means the grandparent 1417
that executed the affidavit. 1418

       (2) "Legal custody," "permanent custody," and "residual 1419
parental rights, privileges, and responsibilities" have the same 1420
meanings as in section 2151.011 of the Revised Code. 1421

       (3) "School district" or "district" means a city, local, or 1422
exempted village school district and excludes any school operated 1423
in an institution maintained by the department of youth services. 1424

       (4) Except as used in division (C)(2) of this section, "home" 1425
means a home, institution, foster home, group home, or other 1426
residential facility in this state that receives and cares for 1427
children, to which any of the following applies: 1428

       (a) The home is licensed, certified, or approved for such 1429
purpose by the state or is maintained by the department of youth 1430
services. 1431

       (b) The home is operated by a person who is licensed, 1432
certified, or approved by the state to operate the home for such 1433
purpose. 1434

       (c) The home accepted the child through a placement by a 1435
person licensed, certified, or approved to place a child in such a 1436
home by the state. 1437

       (d) The home is a children's home created under section 1438
5153.21 or 5153.36 of the Revised Code. 1439

       (5) "Agency" means all of the following: 1440

       (a) A public children services agency; 1441

       (b) An organization that holds a certificate issued by the 1442
Ohio department of job and family services in accordance with the 1443
requirements of section 5103.03 of the Revised Code and assumes 1444
temporary or permanent custody of children through commitment, 1445
agreement, or surrender, and places children in family homes for 1446
the purpose of adoption; 1447

       (c) Comparable agencies of other states or countries that 1448
have complied with applicable requirements of section 2151.39, or 1449
sections 5103.20 to 5103.28 of the Revised Code. 1450

       (6) A child is placed for adoption if either of the following 1451
occurs: 1452

       (a) An agency to which the child has been permanently 1453
committed or surrendered enters into an agreement with a person 1454
pursuant to section 5103.16 of the Revised Code for the care and 1455
adoption of the child. 1456

       (b) The child's natural parent places the child pursuant to 1457
section 5103.16 of the Revised Code with a person who will care 1458
for and adopt the child. 1459

       (7) "Handicapped preschool child" means a handicapped child, 1460
as defined by division (A) of section 3323.01 of the Revised Code, 1461
who is at least three years of age but is not of compulsory school 1462
age, as defined in section 3321.01 of the Revised Code, and who is 1463
not currently enrolled in kindergarten. 1464

       (8) "Child," unless otherwise indicated, includes handicapped 1465
preschool children. 1466

       (9) "Active duty" means active duty pursuant to an executive 1467
order of the president of the United States, an act of the 1468
congress of the United States, or section 5919.29 or 5923.21 of 1469
the Revised Code. 1470

       (B) Except as otherwise provided in section 3321.01 of the 1471
Revised Code for admittance to kindergarten and first grade, a 1472
child who is at least five but under twenty-two years of age and 1473
any handicapped preschool child shall be admitted to school as 1474
provided in this division. 1475

       (1) A child shall be admitted to the schools of the school 1476
district in which the child's parent resides. 1477

       (2) A child who does not reside in the district where the 1478
child's parent resides shall be admitted to the schools of the 1479
district in which the child resides if any of the following 1480
applies: 1481

       (a) The child is in the legal or permanent custody of a 1482
government agency or a person other than the child's natural or 1483
adoptive parent. 1484

       (b) The child resides in a home. 1485

       (c) The child requires special education. 1486

       (3) A child who is not entitled under division (B)(2) of this 1487
section to be admitted to the schools of the district where the 1488
child resides and who is residing with a resident of this state 1489
with whom the child has been placed for adoption shall be admitted 1490
to the schools of the district where the child resides unless 1491
either of the following applies: 1492

       (a) The placement for adoption has been terminated. 1493

       (b) Another school district is required to admit the child 1494
under division (B)(1) of this section. 1495

       Division (B) of this section does not prohibit the board of 1496
education of a school district from placing a handicapped child 1497
who resides in the district in a special education program outside 1498
of the district or its schools in compliance with Chapter 3323. of 1499
the Revised Code. 1500

       (C) A district shall not charge tuition for children admitted 1501
under division (B)(1) or (3) of this section. If the district 1502
admits a child under division (B)(2) of this section, tuition 1503
shall be paid to the district that admits the child as follows: 1504

       (1) If the child receives special education in accordance 1505
with Chapter 3323. of the Revised Code, the school district of 1506
residence, as defined in section 3323.01 of the Revised Code, 1507
shall pay tuition for the child in accordance with section 1508
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code 1509
regardless of who has custody of the child or whether the child 1510
resides in a home. 1511

       (2) For a child that does not receive special education in 1512
accordance with Chapter 3323. of the Revised Code, except as 1513
otherwise provided in division (C)(2)(d) of this section, if the 1514
child is in the permanent or legal custody of a government agency 1515
or person other than the child's parent, tuition shall be paid by: 1516

       (a) The district in which the child's parent resided at the 1517
time the court removed the child from home or at the time the 1518
court vested legal or permanent custody of the child in the person 1519
or government agency, whichever occurred first; 1520

       (b) If the parent's residence at the time the court removed 1521
the child from home or placed the child in the legal or permanent 1522
custody of the person or government agency is unknown, tuition 1523
shall be paid by the district in which the child resided at the 1524
time the child was removed from home or placed in legal or 1525
permanent custody, whichever occurred first; 1526

       (c) If a school district cannot be established under division 1527
(C)(2)(a) or (b) of this section, tuition shall be paid by the 1528
district determined as required by section ~~2151.357~~2151.362 of 1529
the Revised Code by the court at the time it vests custody of the 1530
child in the person or government agency; 1531

       (d) If at the time the court removed the child from home or 1532
vested legal or permanent custody of the child in the person or 1533
government agency, whichever occurred first, one parent was in a 1534
residential or correctional facility or a juvenile residential 1535
placement and the other parent, if living and not in such a 1536
facility or placement, was not known to reside in this state, 1537
tuition shall be paid by the district determined under division 1538
(D) of section 3313.65 of the Revised Code as the district 1539
required to pay any tuition while the parent was in such facility 1540
or placement; 1541

       (e) If the court has modified its order as to which district 1542
is responsible to bear the cost of educating the child pursuant to 1543
division (A)(2) of section ~~2151.357~~2151.362 of the Revised Code, 1544
the district determined to be responsible for that cost in the 1545
order so modified. 1546

       (3) If the child is not in the permanent or legal custody of 1547
a government agency or person other than the child's parent and 1548
the child resides in a home, tuition shall be paid by one of the 1549
following: 1550

       (a) The school district in which the child's parent resides; 1551

       (b) If the child's parent is not a resident of this state, 1552
the home in which the child resides. 1553

       (D) Tuition required to be paid under divisions (C)(2) and 1554
(3)(a) of this section shall be computed in accordance with 1555
section 3317.08 of the Revised Code. Tuition required to be paid 1556
under division (C)(3)(b) of this section shall be computed in 1557
accordance with section 3317.081 of the Revised Code. If a home 1558
fails to pay the tuition required by division (C)(3)(b) of this 1559
section, the board of education providing the education may 1560
recover in a civil action the tuition and the expenses incurred in 1561
prosecuting the action, including court costs and reasonable 1562
attorney's fees. If the prosecuting attorney or city director of 1563
law represents the board in such action, costs and reasonable 1564
attorney's fees awarded by the court, based upon the prosecuting 1565
attorney's, director's, or one of their designee's time spent 1566
preparing and presenting the case, shall be deposited in the 1567
county or city general fund. 1568

       (E) A board of education may enroll a child free of any 1569
tuition obligation for a period not to exceed sixty days, on the 1570
sworn statement of an adult resident of the district that the 1571
resident has initiated legal proceedings for custody of the child. 1572

       (F) In the case of any individual entitled to attend school 1573
under this division, no tuition shall be charged by the school 1574
district of attendance and no other school district shall be 1575
required to pay tuition for the individual's attendance. 1576
Notwithstanding division (B), (C), or (E) of this section: 1577

       (1) All persons at least eighteen but under twenty-two years 1578
of age who live apart from their parents, support themselves by 1579
their own labor, and have not successfully completed the high 1580
school curriculum or the individualized education program 1581
developed for the person by the high school pursuant to section 1582
3323.08 of the Revised Code, are entitled to attend school in the 1583
district in which they reside. 1584

       (2) Any child under eighteen years of age who is married is 1585
entitled to attend school in the child's district of residence. 1586

       (3) A child is entitled to attend school in the district in 1587
which either of the child's parents is employed if the child has a 1588
medical condition that may require emergency medical attention. 1589
The parent of a child entitled to attend school under division 1590
(F)(3) of this section shall submit to the board of education of 1591
the district in which the parent is employed a statement from the 1592
child's physician certifying that the child's medical condition 1593
may require emergency medical attention. The statement shall be 1594
supported by such other evidence as the board may require. 1595

       (4) Any child residing with a person other than the child's 1596
parent is entitled, for a period not to exceed twelve months, to 1597
attend school in the district in which that person resides if the 1598
child's parent files an affidavit with the superintendent of the 1599
district in which the person with whom the child is living resides 1600
stating all of the following: 1601

       (a) That the parent is serving outside of the state in the 1602
armed services of the United States; 1603

       (b) That the parent intends to reside in the district upon 1604
returning to this state; 1605

       (c) The name and address of the person with whom the child is 1606
living while the parent is outside the state. 1607

       (5) Any child under the age of twenty-two years who, after 1608
the death of a parent, resides in a school district other than the 1609
district in which the child attended school at the time of the 1610
parent's death is entitled to continue to attend school in the 1611
district in which the child attended school at the time of the 1612
parent's death for the remainder of the school year, subject to 1613
approval of that district board. 1614

       (6) A child under the age of twenty-two years who resides 1615
with a parent who is having a new house built in a school district 1616
outside the district where the parent is residing is entitled to 1617
attend school for a period of time in the district where the new 1618
house is being built. In order to be entitled to such attendance, 1619
the parent shall provide the district superintendent with the 1620
following: 1621

       (a) A sworn statement explaining the situation, revealing the 1622
location of the house being built, and stating the parent's 1623
intention to reside there upon its completion; 1624

       (b) A statement from the builder confirming that a new house 1625
is being built for the parent and that the house is at the 1626
location indicated in the parent's statement. 1627

       (7) A child under the age of twenty-two years residing with a 1628
parent who has a contract to purchase a house in a school district 1629
outside the district where the parent is residing and who is 1630
waiting upon the date of closing of the mortgage loan for the 1631
purchase of such house is entitled to attend school for a period 1632
of time in the district where the house is being purchased. In 1633
order to be entitled to such attendance, the parent shall provide 1634
the district superintendent with the following: 1635

       (a) A sworn statement explaining the situation, revealing the 1636
location of the house being purchased, and stating the parent's 1637
intent to reside there; 1638

       (b) A statement from a real estate broker or bank officer 1639
confirming that the parent has a contract to purchase the house, 1640
that the parent is waiting upon the date of closing of the 1641
mortgage loan, and that the house is at the location indicated in 1642
the parent's statement. 1643

       The district superintendent shall establish a period of time 1644
not to exceed ninety days during which the child entitled to 1645
attend school under division (F)(6) or (7) of this section may 1646
attend without tuition obligation. A student attending a school 1647
under division (F)(6) or (7) of this section shall be eligible to 1648
participate in interscholastic athletics under the auspices of 1649
that school, provided the board of education of the school 1650
district where the student's parent resides, by a formal action, 1651
releases the student to participate in interscholastic athletics 1652
at the school where the student is attending, and provided the 1653
student receives any authorization required by a public agency or 1654
private organization of which the school district is a member 1655
exercising authority over interscholastic sports. 1656

       (8) A child whose parent is a full-time employee of a city, 1657
local, or exempted village school district, or of an educational 1658
service center, may be admitted to the schools of the district 1659
where the child's parent is employed, or in the case of a child 1660
whose parent is employed by an educational service center, in the 1661
district that serves the location where the parent's job is 1662
primarily located, provided the district board of education 1663
establishes such an admission policy by resolution adopted by a 1664
majority of its members. Any such policy shall take effect on the 1665
first day of the school year and the effective date of any 1666
amendment or repeal may not be prior to the first day of the 1667
subsequent school year. The policy shall be uniformly applied to 1668
all such children and shall provide for the admission of any such 1669
child upon request of the parent. No child may be admitted under 1670
this policy after the first day of classes of any school year. 1671

       (9) A child who is with the child's parent under the care of 1672
a shelter for victims of domestic violence, as defined in section 1673
3113.33 of the Revised Code, is entitled to attend school free in 1674
the district in which the child is with the child's parent, and no 1675
other school district shall be required to pay tuition for the 1676
child's attendance in that school district. 1677

       The enrollment of a child in a school district under this 1678
division shall not be denied due to a delay in the school 1679
district's receipt of any records required under section 3313.672 1680
of the Revised Code or any other records required for enrollment. 1681
Any days of attendance and any credits earned by a child while 1682
enrolled in a school district under this division shall be 1683
transferred to and accepted by any school district in which the 1684
child subsequently enrolls. The state board of education shall 1685
adopt rules to ensure compliance with this division. 1686

       (10) Any child under the age of twenty-two years whose parent 1687
has moved out of the school district after the commencement of 1688
classes in the child's senior year of high school is entitled, 1689
subject to the approval of that district board, to attend school 1690
in the district in which the child attended school at the time of 1691
the parental move for the remainder of the school year and for one 1692
additional semester or equivalent term. A district board may also 1693
adopt a policy specifying extenuating circumstances under which a 1694
student may continue to attend school under division (F)(10) of 1695
this section for an additional period of time in order to 1696
successfully complete the high school curriculum for the 1697
individualized education program developed for the student by the 1698
high school pursuant to section 3323.08 of the Revised Code. 1699

       (11) As used in this division, "grandparent" means a parent 1700
of a parent of a child. A child under the age of twenty-two years 1701
who is in the custody of the child's parent, resides with a 1702
grandparent, and does not require special education is entitled to 1703
attend the schools of the district in which the child's 1704
grandparent resides, provided that, prior to such attendance in 1705
any school year, the board of education of the school district in 1706
which the child's grandparent resides and the board of education 1707
of the school district in which the child's parent resides enter 1708
into a written agreement specifying that good cause exists for 1709
such attendance, describing the nature of this good cause, and 1710
consenting to such attendance. 1711

       In lieu of a consent form signed by a parent, a board of 1712
education may request the grandparent of a child attending school 1713
in the district in which the grandparent resides pursuant to 1714
division (F)(11) of this section to complete any consent form 1715
required by the district, including any authorization required by 1716
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 1717
Upon request, the grandparent shall complete any consent form 1718
required by the district. A school district shall not incur any 1719
liability solely because of its receipt of a consent form from a 1720
grandparent in lieu of a parent. 1721

       Division (F)(11) of this section does not create, and shall 1722
not be construed as creating, a new cause of action or substantive 1723
legal right against a school district, a member of a board of 1724
education, or an employee of a school district. This section does 1725
not affect, and shall not be construed as affecting, any 1726
immunities from defenses to tort liability created or recognized 1727
by Chapter 2744. of the Revised Code for a school district, 1728
member, or employee. 1729

       (12) A child under the age of twenty-two years is entitled to 1730
attend school in a school district other than the district in 1731
which the child is entitled to attend school under division (B), 1732
(C), or (E) of this section provided that, prior to such 1733
attendance in any school year, both of the following occur: 1734

       (a) The superintendent of the district in which the child is 1735
entitled to attend school under division (B), (C), or (E) of this 1736
section contacts the superintendent of another district for 1737
purposes of this division; 1738

       (b) The superintendents of both districts enter into a 1739
written agreement that consents to the attendance and specifies 1740
that the purpose of such attendance is to protect the student's 1741
physical or mental well-being or to deal with other extenuating 1742
circumstances deemed appropriate by the superintendents. 1743

       While an agreement is in effect under this division for a 1744
student who is not receiving special education under Chapter 3323. 1745
of the Revised Code and notwithstanding Chapter 3327. of the 1746
Revised Code, the board of education of neither school district 1747
involved in the agreement is required to provide transportation 1748
for the student to and from the school where the student attends. 1749

       A student attending a school of a district pursuant to this 1750
division shall be allowed to participate in all student 1751
activities, including interscholastic athletics, at the school 1752
where the student is attending on the same basis as any student 1753
who has always attended the schools of that district while of 1754
compulsory school age. 1755

       (13) All school districts shall comply with the 1756
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et 1757
seq., for the education of homeless children. Each city, local, 1758
and exempted village school district shall comply with the 1759
requirements of that act governing the provision of a free, 1760
appropriate public education, including public preschool, to each 1761
homeless child. 1762

       When a child loses permanent housing and becomes a homeless 1763
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is 1764
such a homeless person changes temporary living arrangements, the 1765
child's parent or guardian shall have the option of enrolling the 1766
child in either of the following: 1767

       (a) The child's school of origin, as defined in 42 U.S.C.A. 1768
11432(g)(3)(C); 1769

       (b) The school that is operated by the school district in 1770
which the shelter where the child currently resides is located and 1771
that serves the geographic area in which the shelter is located. 1772

       (14) A child under the age of twenty-two years who resides 1773
with a person other than the child's parent is entitled to attend 1774
school in the school district in which that person resides if both 1775
of the following apply: 1776

       (a) That person has been appointed, through a military power 1777
of attorney executed under section 574(a) of the "National Defense 1778
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 1779
U.S.C. 1044b, or through a comparable document necessary to 1780
complete a family care plan, as the parent's agent for the care, 1781
custody, and control of the child while the parent is on active 1782
duty as a member of the national guard or a reserve unit of the 1783
armed forces of the United States or because the parent is a 1784
member of the armed forces of the United States and is on a duty 1785
assignment away from the parent's residence. 1786

       (b) The military power of attorney or comparable document 1787
includes at least the authority to enroll the child in school. 1788

        The entitlement to attend school in the district in which the 1789
parent's agent under the military power of attorney or comparable 1790
document resides applies until the end of the school year in which 1791
the military power of attorney or comparable document expires. 1792

       (G) A board of education, after approving admission, may 1793
waive tuition for students who will temporarily reside in the 1794
district and who are either of the following: 1795

       (1) Residents or domiciliaries of a foreign nation who 1796
request admission as foreign exchange students; 1797

       (2) Residents or domiciliaries of the United States but not 1798
of Ohio who request admission as participants in an exchange 1799
program operated by a student exchange organization. 1800

       (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 1801
3327.04, and 3327.06 of the Revised Code, a child may attend 1802
school or participate in a special education program in a school 1803
district other than in the district where the child is entitled to 1804
attend school under division (B) of this section. 1805

       (I)(1) Notwithstanding anything to the contrary in this 1806
section or section 3313.65 of the Revised Code, a child under 1807
twenty-two years of age may attend school in the school district 1808
in which the child, at the end of the first full week of October 1809
of the school year, was entitled to attend school as otherwise 1810
provided under this section or section 3313.65 of the Revised 1811
Code, if at that time the child was enrolled in the schools of the 1812
district but since that time the child or the child's parent has 1813
relocated to a new address located outside of that school district 1814
and within the same county as the child's or parent's address 1815
immediately prior to the relocation. The child may continue to 1816
attend school in the district, and at the school to which the 1817
child was assigned at the end of the first full week of October of 1818
the current school year, for the balance of the school year. 1819
Division (I)(1) of this section applies only if both of the 1820
following conditions are satisfied: 1821

       (a) The board of education of the school district in which 1822
the child was entitled to attend school at the end of the first 1823
full week in October and of the district to which the child or 1824
child's parent has relocated each has adopted a policy to enroll 1825
children described in division (I)(1) of this section. 1826

       (b) The child's parent provides written notification of the 1827
relocation outside of the school district to the superintendent of 1828
each of the two school districts. 1829

       (2) At the beginning of the school year following the school 1830
year in which the child or the child's parent relocated outside of 1831
the school district as described in division (I)(1) of this 1832
section, the child is not entitled to attend school in the school 1833
district under that division. 1834

       (3) Any person or entity owing tuition to the school district 1835
on behalf of the child at the end of the first full week in 1836
October, as provided in division (C) of this section, shall 1837
continue to owe such tuition to the district for the child's 1838
attendance under division (I)(1) of this section for the lesser of 1839
the balance of the school year or the balance of the time that the 1840
child attends school in the district under division (I)(1) of this 1841
section. 1842

       (4) A pupil who may attend school in the district under 1843
division (I)(1) of this section shall be entitled to 1844
transportation services pursuant to an agreement between the 1845
district and the district in which the child or child's parent has 1846
relocated unless the districts have not entered into such 1847
agreement, in which case the child shall be entitled to 1848
transportation services in the same manner as a pupil attending 1849
school in the district under interdistrict open enrollment as 1850
described in division (H) of section 3313.981 of the Revised Code, 1851
regardless of whether the district has adopted an open enrollment 1852
policy as described in division (B)(1)(b) or (c) of section 1853
3313.98 of the Revised Code. 1854

       (J) This division does not apply to a child receiving special 1855
education. 1856

       A school district required to pay tuition pursuant to 1857
division (C)(2) or (3) of this section or section 3313.65 of the 1858
Revised Code shall have an amount deducted under division (F) of 1859
section 3317.023 of the Revised Code equal to its own tuition rate 1860
for the same period of attendance. A school district entitled to 1861
receive tuition pursuant to division (C)(2) or (3) of this section 1862
or section 3313.65 of the Revised Code shall have an amount 1863
credited under division (F) of section 3317.023 of the Revised 1864
Code equal to its own tuition rate for the same period of 1865
attendance. If the tuition rate credited to the district of 1866
attendance exceeds the rate deducted from the district required to 1867
pay tuition, the department of education shall pay the district of 1868
attendance the difference from amounts deducted from all 1869
districts' payments under division (F) of section 3317.023 of the 1870
Revised Code but not credited to other school districts under such 1871
division and from appropriations made for such purpose. The 1872
treasurer of each school district shall, by the fifteenth day of 1873
January and July, furnish the superintendent of public instruction 1874
a report of the names of each child who attended the district's 1875
schools under divisions (C)(2) and (3) of this section or section 1876
3313.65 of the Revised Code during the preceding six calendar 1877
months, the duration of the attendance of those children, the 1878
school district responsible for tuition on behalf of the child, 1879
and any other information that the superintendent requires. 1880

       Upon receipt of the report the superintendent, pursuant to 1881
division (F) of section 3317.023 of the Revised Code, shall deduct 1882
each district's tuition obligations under divisions (C)(2) and (3) 1883
of this section or section 3313.65 of the Revised Code and pay to 1884
the district of attendance that amount plus any amount required to 1885
be paid by the state. 1886

       (K) In the event of a disagreement, the superintendent of 1887
public instruction shall determine the school district in which 1888
the parent resides. 1889

       (L) Nothing in this section requires or authorizes, or shall 1890
be construed to require or authorize, the admission to a public 1891
school in this state of a pupil who has been permanently excluded 1892
from public school attendance by the superintendent of public 1893
instruction pursuant to sections 3301.121 and 3313.662 of the 1894
Revised Code. 1895

       (M) In accordance with division (B)(1) of this section, a 1896
child whose parent is a member of the national guard or a reserve 1897
unit of the armed forces of the United States and is called to 1898
active duty, or a child whose parent is a member of the armed 1899
forces of the United States and is ordered to a temporary duty 1900
assignment outside of the district, may continue to attend school 1901
in the district in which the child's parent lived before being 1902
called to active duty or ordered to a temporary duty assignment 1903
outside of the district, as long as the child's parent continues 1904
to be a resident of that district, and regardless of where the 1905
child lives as a result of the parent's active duty status or 1906
temporary duty assignment. However, the district is not 1907
responsible for providing transportation for the child if the 1908
child lives outside of the district as a result of the parent's 1909
active duty status or temporary duty assignment. 1910

       Sec. 3313.662. (A) The superintendent of public instruction, 1911
pursuant to this section and the adjudication procedures of 1912
section 3301.121 of the Revised Code, may issue an adjudication 1913
order that permanently excludes a pupil from attending any of the 1914
public schools of this state if the pupil is convicted of, or 1915
adjudicated a delinquent child for, committing, when the pupil was 1916
sixteen years of age or older, an act that would be a criminal 1917
offense if committed by an adult and if the act is any of the 1918
following: 1919

       (1) A violation of section 2923.122 of the Revised Code; 1920

       (2) A violation of section 2923.12 of the Revised Code, of a 1921
substantially similar municipal ordinance, or of section 2925.03 1922
of the Revised Code that was committed on property owned or 1923
controlled by, or at an activity held under the auspices of, a 1924
board of education of a city, local, exempted village, or joint 1925
vocational school district; 1926

       (3) A violation of section 2925.11 of the Revised Code, other 1927
than a violation of that section that would be a minor drug 1928
possession offense, that was committed on property owned or 1929
controlled by, or at an activity held under the auspices of, the 1930
board of education of a city, local, exempted village, or joint 1931
vocational school district; 1932

       (4) A violation of section 2903.01, 2903.02, 2903.03, 1933
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former 1934
section 2907.12 of the Revised Code that was committed on property 1935
owned or controlled by, or at an activity held under the auspices 1936
of, a board of education of a city, local, exempted village, or 1937
joint vocational school district, if the victim at the time of the 1938
commission of the act was an employee of that board of education; 1939

       (5) Complicity in any violation described in division (A)(1), 1940
(2), (3), or (4) of this section that was alleged to have been 1941
committed in the manner described in division (A)(1), (2), (3), or 1942
(4) of this section, regardless of whether the act of complicity 1943
was committed on property owned or controlled by, or at an 1944
activity held under the auspices of, a board of education of a 1945
city, local, exempted village, or joint vocational school 1946
district. 1947

       (B) A pupil may be suspended or expelled in accordance with 1948
section 3313.66 of the Revised Code prior to being permanently 1949
excluded from public school attendance under this section and 1950
section 3301.121 of the Revised Code. 1951

       (C)(1) If the superintendent of a city, local, exempted 1952
village, or joint vocational school district in which a pupil 1953
attends school obtains or receives proof that the pupil has been 1954
convicted of committing when the pupil was sixteen years of age or 1955
older a violation listed in division (A) of this section or 1956
adjudicated a delinquent child for the commission when the pupil 1957
was sixteen years of age or older of a violation listed in 1958
division (A) of this section, the superintendent may issue to the 1959
board of education of the school district a request that the pupil 1960
be permanently excluded from public school attendance, if both of 1961
the following apply: 1962

       (a) After obtaining or receiving proof of the conviction or 1963
adjudication, the superintendent or the superintendent's designee 1964
determines that the pupil's continued attendance in school may 1965
endanger the health and safety of other pupils or school employees 1966
and gives the pupil and the pupil's parent, guardian, or custodian 1967
written notice that the superintendent intends to recommend to the 1968
board of education that the board adopt a resolution requesting 1969
the superintendent of public instruction to permanently exclude 1970
the pupil from public school attendance. 1971

       (b) The superintendent or the superintendent's designee 1972
forwards to the board of education the superintendent's written 1973
recommendation that includes the determinations the superintendent 1974
or designee made pursuant to division (C)(1)(a) of this section 1975
and a copy of the proof the superintendent received showing that 1976
the pupil has been convicted of or adjudicated a delinquent child 1977
for a violation listed in division (A) of this section that was 1978
committed when the pupil was sixteen years of age or older. 1979

       (2) Within fourteen days after receipt of a recommendation 1980
from the superintendent pursuant to division (C)(1)(b) of this 1981
section that a pupil be permanently excluded from public school 1982
attendance, the board of education of a city, local, exempted 1983
village, or joint vocational school district, after review and 1984
consideration of all of the following available information, may 1985
adopt a resolution requesting the superintendent of public 1986
instruction to permanently exclude the pupil who is the subject of 1987
the recommendation from public school attendance: 1988

       (a) The academic record of the pupil and a record of any 1989
extracurricular activities in which the pupil previously was 1990
involved; 1991

       (b) The disciplinary record of the pupil and any available 1992
records of the pupil's prior behavioral problems other than the 1993
behavioral problems contained in the disciplinary record; 1994

       (c) The social history of the pupil; 1995

       (d) The pupil's response to the imposition of prior 1996
discipline and sanctions imposed for behavioral problems; 1997

       (e) Evidence regarding the seriousness of and any aggravating 1998
factors related to the offense that is the basis of the resolution 1999
seeking permanent exclusion; 2000

       (f) Any mitigating circumstances surrounding the offense that 2001
gave rise to the request for permanent exclusion; 2002

       (g) Evidence regarding the probable danger posed to the 2003
health and safety of other pupils or of school employees by the 2004
continued presence of the pupil in a public school setting; 2005

       (h) Evidence regarding the probable disruption of the 2006
teaching of any school district's graded course of study by the 2007
continued presence of the pupil in a public school setting; 2008

       (i) Evidence regarding the availability of alternative 2009
sanctions of a less serious nature than permanent exclusion that 2010
would enable the pupil to remain in a public school setting 2011
without posing a significant danger to the health and safety of 2012
other pupils or of school employees and without posing a threat of 2013
the disruption of the teaching of any district's graded course of 2014
study. 2015

       (3) If the board does not adopt a resolution requesting the 2016
superintendent of public instruction to permanently exclude the 2017
pupil, it immediately shall send written notice of that fact to 2018
the superintendent who sought the resolution, to the pupil who was 2019
the subject of the proposed resolution, and to that pupil's 2020
parent, guardian, or custodian. 2021

       (D)(1) Upon adoption of a resolution under division (C) of 2022
this section, the board of education immediately shall forward to 2023
the superintendent of public instruction the written resolution, 2024
proof of the conviction or adjudication that is the basis of the 2025
resolution, a copy of the pupil's entire school record, and any 2026
other relevant information and shall forward a copy of the 2027
resolution to the pupil who is the subject of the recommendation 2028
and to that pupil's parent, guardian, or custodian. 2029

       (2) The board of education that adopted and forwarded the 2030
resolution requesting the permanent exclusion of the pupil to the 2031
superintendent of public instruction promptly shall designate a 2032
representative of the school district to present the case for 2033
permanent exclusion to the superintendent or the referee appointed 2034
by the superintendent. The representative of the school district 2035
may be an attorney admitted to the practice of law in this state. 2036
At the adjudication hearing held pursuant to section 3301.121 of 2037
the Revised Code, the representative of the school district shall 2038
present evidence in support of the requested permanent exclusion. 2039

       (3) Upon receipt of a board of education's resolution 2040
requesting the permanent exclusion of a pupil from public school 2041
attendance, the superintendent of public instruction, in 2042
accordance with the adjudication procedures of section 3301.121 of 2043
the Revised Code, promptly shall issue an adjudication order that 2044
either permanently excludes the pupil from attending any of the 2045
public schools of this state or that rejects the resolution of the 2046
board of education. 2047

       (E) Notwithstanding any provision of section 3313.64 of the 2048
Revised Code or an order of any court of this state that otherwise 2049
requires the admission of the pupil to a school, no school 2050
official in a city, local, exempted village, or joint vocational 2051
school district knowingly shall admit to any school in the school 2052
district a pupil who has been permanently excluded from public 2053
school attendance by the superintendent of public instruction. 2054

       (F)(1)(a) Upon determining that the school attendance of a 2055
pupil who has been permanently excluded from public school 2056
attendance no longer will endanger the health and safety of other 2057
students or school employees, the superintendent of any city, 2058
local, exempted village, or joint vocational school district in 2059
which the pupil desires to attend school may issue to the board of 2060
education of the school district a recommendation, including the 2061
reasons for the recommendation, that the permanent exclusion of a 2062
pupil be revoked and the pupil be allowed to return to the public 2063
schools of the state. 2064

       If any violation which in whole or in part gave rise to the 2065
permanent exclusion of any pupil involved the pupil's bringing a 2066
firearm to a school operated by the board of education of a school 2067
district or onto any other property owned or operated by such a 2068
board, no superintendent shall recommend under this division an 2069
effective date for the revocation of the pupil's permanent 2070
exclusion that is less than one year after the date on which the 2071
last such firearm incident occurred. However, on a case-by-case 2072
basis, a superintendent may recommend an earlier effective date 2073
for such a revocation for any of the reasons for which the 2074
superintendent may reduce the one-year expulsion requirement in 2075
division (B)(2) of section 3313.66 of the Revised Code. 2076

       (b) Upon receipt of the recommendation of the superintendent 2077
that a permanent exclusion of a pupil be revoked, the board of 2078
education of a city, local, exempted village, or joint vocational 2079
school district may adopt a resolution by a majority vote of its 2080
members requesting the superintendent of public instruction to 2081
revoke the permanent exclusion of the pupil. Upon adoption of the 2082
resolution, the board of education shall forward a copy of the 2083
resolution, the reasons for the resolution, and any other relevant 2084
information to the superintendent of public instruction. 2085

       (c) Upon receipt of a resolution of a board of education 2086
requesting the revocation of a permanent exclusion of a pupil, the 2087
superintendent of public instruction, in accordance with the 2088
adjudication procedures of Chapter 119. of the Revised Code, shall 2089
issue an adjudication order that revokes the permanent exclusion 2090
of the pupil from public school attendance or that rejects the 2091
resolution of the board of education. 2092

       (2)(a) A pupil who has been permanently excluded pursuant to 2093
this section and section 3301.121 of the Revised Code may request 2094
the superintendent of any city, local, exempted village, or joint 2095
vocational school district in which the pupil desires to attend 2096
school to admit the pupil on a probationary basis for a period not 2097
to exceed ninety school days. Upon receiving the request, the 2098
superintendent may enter into discussions with the pupil and with 2099
the pupil's parent, guardian, or custodian or a person designated 2100
by the pupil's parent, guardian, or custodian to develop a 2101
probationary admission plan designed to assist the pupil's 2102
probationary admission to the school. The plan may include a 2103
treatment program, a behavioral modification program, or any other 2104
program reasonably designed to meet the educational needs of the 2105
child and the disciplinary requirements of the school. 2106

       If any violation which in whole or in part gave rise to the 2107
permanent exclusion of the pupil involved the pupil's bringing a 2108
firearm to a school operated by the board of education of any 2109
school district or onto any other property owned or operated by 2110
such a board, no plan developed under this division for the pupil 2111
shall include an effective date for the probationary admission of 2112
the pupil that is less than one year after the date on which the 2113
last such firearm incident occurred except that on a case-by-case 2114
basis, a plan may include an earlier effective date for such an 2115
admission for any of the reasons for which the superintendent of 2116
the district may reduce the one-year expulsion requirement in 2117
division (B)(2) of section 3313.66 of the Revised Code. 2118

       (b) If the superintendent of a school district, a pupil, and 2119
the pupil's parent, guardian, or custodian or a person designated 2120
by the pupil's parent, guardian, or custodian agree upon a 2121
probationary admission plan prepared pursuant to division 2122
(F)(2)(a) of this section, the superintendent of the school 2123
district shall issue to the board of education of the school 2124
district a recommendation that the pupil be allowed to attend 2125
school within the school district under probationary admission, 2126
the reasons for the recommendation, and a copy of the agreed upon 2127
probationary admission plan. Within fourteen days after the board 2128
of education receives the recommendation, reasons, and plan, the 2129
board may adopt the recommendation by a majority vote of its 2130
members. If the board adopts the recommendation, the pupil may 2131
attend school under probationary admission within that school 2132
district for a period not to exceed ninety days or any additional 2133
probationary period permitted under divisions (F)(2)(d) and (e) of 2134
this section in accordance with the probationary admission plan 2135
prepared pursuant to division (F)(2)(a) of this section. 2136

       (c) If a pupil who is permitted to attend school under 2137
probationary admission pursuant to division (F)(2)(b) of this 2138
section fails to comply with the probationary admission plan 2139
prepared pursuant to division (F)(2)(a) of this section, the 2140
superintendent of the school district immediately may remove the 2141
pupil from the school and issue to the board of education of the 2142
school district a recommendation that the probationary admission 2143
be revoked. Within five days after the board of education receives 2144
the recommendation, the board may adopt the recommendation to 2145
revoke the pupil's probationary admission by a majority vote of 2146
its members. If a majority of the board does not adopt the 2147
recommendation to revoke the pupil's probationary admission, the 2148
pupil shall continue to attend school in compliance with the 2149
pupil's probationary admission plan. 2150

       (d) If a pupil who is permitted to attend school under 2151
probationary admission pursuant to division (F)(2)(b) of this 2152
section complies with the probationary admission plan prepared 2153
pursuant to division (F)(2)(a) of this section, the pupil or the 2154
pupil's parent, guardian, or custodian, at any time before the 2155
expiration of the ninety-day probationary admission period, may 2156
request the superintendent of the school district to extend the 2157
terms and period of the pupil's probationary admission for a 2158
period not to exceed ninety days or to issue a recommendation 2159
pursuant to division (F)(1) of this section that the pupil's 2160
permanent exclusion be revoked and the pupil be allowed to return 2161
to the public schools of this state. 2162

       (e) If a pupil is granted an extension of the pupil's 2163
probationary admission pursuant to division (F)(2)(d) of this 2164
section, the pupil or the pupil's parent, guardian, or custodian, 2165
in the manner described in that division, may request, and the 2166
superintendent and board, in the manner described in that 2167
division, may recommend and grant, subsequent probationary 2168
admission periods not to exceed ninety days each. If a pupil who 2169
is permitted to attend school under an extension of a probationary 2170
admission plan complies with the probationary admission plan 2171
prepared pursuant to the extension, the pupil or the pupil's 2172
parent, guardian, or custodian may request a revocation of the 2173
pupil's permanent exclusion in the manner described in division 2174
(F)(2)(d) of this section. 2175

       (f) Any extension of a probationary admission requested by a 2176
pupil or a pupil's parent, guardian, or custodian pursuant to 2177
divisions (F)(2)(d) or (e) of this section shall be subject to the 2178
adoption and approval of a probationary admission plan in the 2179
manner described in divisions (F)(2)(a) and (b) of this section 2180
and may be terminated as provided in division (F)(2)(c) of this 2181
section. 2182

       (g) If the pupil has complied with any probationary admission 2183
plan and the superintendent issues a recommendation that seeks 2184
revocation of the pupil's permanent exclusion pursuant to division 2185
(F)(1) of this section, the pupil's compliance with any 2186
probationary admission plan may be considered along with other 2187
relevant factors in any determination or adjudication conducted 2188
pursuant to division (F)(1) of this section. 2189

       (G)(1) Except as provided in division (G)(2) of this section, 2190
any information regarding the permanent exclusion of a pupil shall 2191
be included in the pupil's official records and shall be included 2192
in any records sent to any school district that requests the 2193
pupil's records. 2194

       (2) When a pupil who has been permanently excluded from 2195
public school attendance reaches the age of twenty-two or when the 2196
permanent exclusion of a pupil has been revoked, all school 2197
districts that maintain records regarding the pupil's permanent 2198
exclusion shall remove all references to the exclusion from the 2199
pupil's file and shall destroy them. 2200

       A pupil who has reached the age of twenty-two or whose 2201
permanent exclusion has been revoked may send a written notice to 2202
the superintendent of any school district maintaining records of 2203
the pupil's permanent exclusion requesting the superintendent to 2204
ensure that the records are removed from the pupil's file and 2205
destroyed. Upon receipt of the request and a determination that 2206
the pupil is twenty-two years of age or older or that the pupil's 2207
permanent exclusion has been revoked, the superintendent shall 2208
ensure that the records are removed from the pupil's file and 2209
destroyed. 2210

       (H)(1) This section does not apply to any of the following: 2211

       (a) An institution that is a residential facility, that 2212
receives and cares for children, that is maintained by the 2213
department of youth services, and that operates a school chartered 2214
by the state board of education under section 3301.16 of the 2215
Revised Code; 2216

       (b) Any on-premises school operated by an out-of-home care 2217
entity, other than a school district, that is chartered by the 2218
state board of education under section 3301.16 of the Revised 2219
Code; 2220

       (c) Any school operated in connection with an out-of-home 2221
care entity or a nonresidential youth treatment program that 2222
enters into a contract or agreement with a school district for the 2223
provision of educational services in a setting other than a 2224
setting that is a building or structure owned or controlled by the 2225
board of education of the school district during normal school 2226
hours. 2227

       (2) This section does not prohibit any person who has been 2228
permanently excluded pursuant to this section and section 3301.121 2229
of the Revised Code from seeking a certificate of high school 2230
equivalence. A person who has been permanently excluded may be 2231
permitted to participate in a course of study in preparation for 2232
the tests of general educational development, except that the 2233
person shall not participate during normal school hours in that 2234
course of study in any building or structure owned or controlled 2235
by the board of education of a school district. 2236

       (3) This section does not relieve any school district from 2237
any requirement under section ~~2151.357~~2151.362 or 3313.64 of the 2238
Revised Code to pay for the cost of educating any child who has 2239
been permanently excluded pursuant to this section and section 2240
3301.121 of the Revised Code. 2241

       (I) As used in this section: 2242

       (1) "Permanently exclude" means to forever prohibit an 2243
individual from attending any public school in this state that is 2244
operated by a city, local, exempted village, or joint vocational 2245
school district. 2246

       (2) "Permanent exclusion" means the prohibition of a pupil 2247
forever from attending any public school in this state that is 2248
operated by a city, local, exempted village, or joint vocational 2249
school district. 2250

       (3) "Out-of-home care" has the same meaning as in section 2251
2151.011 of the Revised Code. 2252

       (4) "Certificate of high school equivalence" has the same 2253
meaning as in section 4109.06 of the Revised Code. 2254

       (5) "Nonresidential youth treatment program" means a program 2255
designed to provide services to persons under the age of eighteen 2256
in a setting that does not regularly provide long-term overnight 2257
care, including settlement houses, diversion and prevention 2258
programs, run-away centers, and alternative education programs. 2259

       (6) "Firearm" has the same meaning as provided pursuant to 2260
the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 2261
8001(a)(2). 2262

       (7) "Minor drug possession offense" has the same meaning as 2263
in section 2925.01 of the Revised Code. 2264

       Sec. 3314.03. A copy of every contract entered into under 2265
this section shall be filed with the superintendent of public 2266
instruction. 2267

       (A) Each contract entered into between a sponsor and the 2268
governing authority of a community school shall specify the 2269
following: 2270

       (1) That the school shall be established as either of the 2271
following: 2272

       (a) A nonprofit corporation established under Chapter 1702. 2273
of the Revised Code, if established prior to April 8, 2003; 2274

       (b) A public benefit corporation established under Chapter 2275
1702. of the Revised Code, if established after April 8, 2003; 2276

       (2) The education program of the school, including the 2277
school's mission, the characteristics of the students the school 2278
is expected to attract, the ages and grades of students, and the 2279
focus of the curriculum; 2280

       (3) The academic goals to be achieved and the method of 2281
measurement that will be used to determine progress toward those 2282
goals, which shall include the statewide achievement tests; 2283

       (4) Performance standards by which the success of the school 2284
will be evaluated by the sponsor. If the sponsor will evaluate the 2285
school in accordance with division (D) of section 3314.36 of the 2286
Revised Code, the contract shall specify the number of school 2287
years that the school will be evaluated under that division. 2288

       (5) The admission standards of section 3314.06 of the Revised 2289
Code and, if applicable, section 3314.061 of the Revised Code; 2290

       (6)(a) Dismissal procedures; 2291

       (b) A requirement that the governing authority adopt an 2292
attendance policy that includes a procedure for automatically 2293
withdrawing a student from the school if the student without a 2294
legitimate excuse fails to participate in one hundred five 2295
consecutive hours of the learning opportunities offered to the 2296
student. 2297

       (7) The ways by which the school will achieve racial and 2298
ethnic balance reflective of the community it serves; 2299

       (8) Requirements for financial audits by the auditor of 2300
state. The contract shall require financial records of the school 2301
to be maintained in the same manner as are financial records of 2302
school districts, pursuant to rules of the auditor of state, and 2303
the audits shall be conducted in accordance with section 117.10 of 2304
the Revised Code. 2305

       (9) The facilities to be used and their locations; 2306

       (10) Qualifications of teachers, including a requirement that 2307
the school's classroom teachers be licensed in accordance with 2308
sections 3319.22 to 3319.31 of the Revised Code, except that a 2309
community school may engage noncertificated persons to teach up to 2310
twelve hours per week pursuant to section 3319.301 of the Revised 2311
Code; 2312

       (11) That the school will comply with the following 2313
requirements: 2314

       (a) The school will provide learning opportunities to a 2315
minimum of twenty-five students for a minimum of nine hundred 2316
twenty hours per school year; 2317

       (b) The governing authority will purchase liability 2318
insurance, or otherwise provide for the potential liability of the 2319
school; 2320

       (c) The school will be nonsectarian in its programs, 2321
admission policies, employment practices, and all other 2322
operations, and will not be operated by a sectarian school or 2323
religious institution; 2324

       (d) The school will comply with sections 9.90, 9.91, 109.65, 2325
121.22, 149.43, ~~2151.358~~2151.357, 2151.421, 2313.18, 3301.0710, 2326
3301.0711, 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 2327
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 2328
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 2329
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 2330
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, 2331
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 2332
4123., 4141., and 4167. of the Revised Code as if it were a school 2333
district and will comply with section 3301.0714 of the Revised 2334
Code in the manner specified in section 3314.17 of the Revised 2335
Code; 2336

       (e) The school shall comply with Chapter 102. and section 2337
2921.42 of the Revised Code; 2338

       (f) The school will comply with sections 3313.61, 3313.611, 2339
and 3313.614 of the Revised Code, except that the requirement in 2340
sections 3313.61 and 3313.611 of the Revised Code that a person 2341
must successfully complete the curriculum in any high school prior 2342
to receiving a high school diploma may be met by completing the 2343
curriculum adopted by the governing authority of the community 2344
school rather than the curriculum specified in Title XXXIII of the 2345
Revised Code or any rules of the state board of education; 2346

       (g) The school governing authority will submit within four 2347
months after the end of each school year a report of its 2348
activities and progress in meeting the goals and standards of 2349
divisions (A)(3) and (4) of this section and its financial status 2350
to the sponsor, the parents of all students enrolled in the 2351
school, and the legislative office of education oversight. The 2352
school will collect and provide any data that the legislative 2353
office of education oversight requests in furtherance of any study 2354
or research that the general assembly requires the office to 2355
conduct, including the studies required under Section 50.39 of Am. 2356
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of 2357
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. 2358

       (12) Arrangements for providing health and other benefits to 2359
employees; 2360

       (13) The length of the contract, which shall begin at the 2361
beginning of an academic year. No contract shall exceed five years 2362
unless such contract has been renewed pursuant to division (E) of 2363
this section. 2364

       (14) The governing authority of the school, which shall be 2365
responsible for carrying out the provisions of the contract; 2366

       (15) A financial plan detailing an estimated school budget 2367
for each year of the period of the contract and specifying the 2368
total estimated per pupil expenditure amount for each such year. 2369
The plan shall specify for each year the base formula amount that 2370
will be used for purposes of funding calculations under section 2371
3314.08 of the Revised Code. This base formula amount for any year 2372
shall not exceed the formula amount defined under section 3317.02 2373
of the Revised Code. The plan may also specify for any year a 2374
percentage figure to be used for reducing the per pupil amount of 2375
the subsidy calculated pursuant to section 3317.029 of the Revised 2376
Code the school is to receive that year under section 3314.08 of 2377
the Revised Code. 2378

       (16) Requirements and procedures regarding the disposition of 2379
employees of the school in the event the contract is terminated or 2380
not renewed pursuant to section 3314.07 of the Revised Code; 2381

       (17) Whether the school is to be created by converting all or 2382
part of an existing public school or is to be a new start-up 2383
school, and if it is a converted public school, specification of 2384
any duties or responsibilities of an employer that the board of 2385
education that operated the school before conversion is delegating 2386
to the governing board of the community school with respect to all 2387
or any specified group of employees provided the delegation is not 2388
prohibited by a collective bargaining agreement applicable to such 2389
employees; 2390

       (18) Provisions establishing procedures for resolving 2391
disputes or differences of opinion between the sponsor and the 2392
governing authority of the community school; 2393

       (19) A provision requiring the governing authority to adopt a 2394
policy regarding the admission of students who reside outside the 2395
district in which the school is located. That policy shall comply 2396
with the admissions procedures specified in sections 3314.06 and 2397
3314.061 of the Revised Code and, at the sole discretion of the 2398
authority, shall do one of the following: 2399

       (a) Prohibit the enrollment of students who reside outside 2400
the district in which the school is located; 2401

       (b) Permit the enrollment of students who reside in districts 2402
adjacent to the district in which the school is located; 2403

       (c) Permit the enrollment of students who reside in any other 2404
district in the state. 2405

       (20) A provision recognizing the authority of the department 2406
of education to take over the sponsorship of the school in 2407
accordance with the provisions of division (C) of section 3314.015 2408
of the Revised Code; 2409

       (21) A provision recognizing the sponsor's authority to 2410
assume the operation of a school under the conditions specified in 2411
division (B) of section 3314.073 of the Revised Code; 2412

        (22) A provision recognizing both of the following: 2413

       (a) The authority of public health and safety officials to 2414
inspect the facilities of the school and to order the facilities 2415
closed if those officials find that the facilities are not in 2416
compliance with health and safety laws and regulations; 2417

       (b) The authority of the department of education as the 2418
community school oversight body to suspend the operation of the 2419
school under section 3314.072 of the Revised Code if the 2420
department has evidence of conditions or violations of law at the 2421
school that pose an imminent danger to the health and safety of 2422
the school's students and employees and the sponsor refuses to 2423
take such action; 2424

        (23) A description of the learning opportunities that will be 2425
offered to students including both classroom-based and 2426
non-classroom-based learning opportunities that is in compliance 2427
with criteria for student participation established by the 2428
department under division (L)(2) of section 3314.08 of the Revised 2429
Code; 2430

       (24) The school will comply with section 3302.04 of the 2431
Revised Code, including division (E) of that section to the extent 2432
possible, except that any action required to be taken by a school 2433
district pursuant to that section shall be taken by the sponsor of 2434
the school. However, the sponsor shall not be required to take any 2435
action described in division (F) of that section. 2436

       (25) Beginning in the 2006-2007 school year, the school will 2437
open for operation not later than the thirtieth day of September 2438
each school year, unless the mission of the school as specified 2439
under division (A)(2) of this section is solely to serve dropouts. 2440
In its initial year of operation, if the school fails to open by 2441
the thirtieth day of September, or within one year after the 2442
adoption of the contract pursuant to division (D) of section 2443
3314.02 of the Revised Code if the mission of the school is solely 2444
to serve dropouts, the contract shall be void. 2445

       (B) The community school shall also submit to the sponsor a 2446
comprehensive plan for the school. The plan shall specify the 2447
following: 2448

       (1) The process by which the governing authority of the 2449
school will be selected in the future; 2450

       (2) The management and administration of the school; 2451

       (3) If the community school is a currently existing public 2452
school, alternative arrangements for current public school 2453
students who choose not to attend the school and teachers who 2454
choose not to teach in the school after conversion; 2455

       (4) The instructional program and educational philosophy of 2456
the school; 2457

       (5) Internal financial controls. 2458

       (C) A contract entered into under section 3314.02 of the 2459
Revised Code between a sponsor and the governing authority of a 2460
community school may provide for the community school governing 2461
authority to make payments to the sponsor, which is hereby 2462
authorized to receive such payments as set forth in the contract 2463
between the governing authority and the sponsor. The total amount 2464
of such payments for oversight and monitoring of the school shall 2465
not exceed three per cent of the total amount of payments for 2466
operating expenses that the school receives from the state. 2467

       (D) The contract shall specify the duties of the sponsor 2468
which shall be in accordance with the written agreement entered 2469
into with the department of education under division (B) of 2470
section 3314.015 of the Revised Code and shall include the 2471
following: 2472

        (1) Monitor the community school's compliance with all laws 2473
applicable to the school and with the terms of the contract; 2474

        (2) Monitor and evaluate the academic and fiscal performance 2475
and the organization and operation of the community school on at 2476
least an annual basis; 2477

        (3) Report on an annual basis the results of the evaluation 2478
conducted under division (D)(2) of this section to the department 2479
of education and to the parents of students enrolled in the 2480
community school; 2481

        (4) Provide technical assistance to the community school in 2482
complying with laws applicable to the school and terms of the 2483
contract; 2484

        (5) Take steps to intervene in the school's operation to 2485
correct problems in the school's overall performance, declare the 2486
school to be on probationary status pursuant to section 3314.073 2487
of the Revised Code, suspend the operation of the school pursuant 2488
to section 3314.072 of the Revised Code, or terminate the contract 2489
of the school pursuant to section 3314.07 of the Revised Code as 2490
determined necessary by the sponsor; 2491

        (6) Have in place a plan of action to be undertaken in the 2492
event the community school experiences financial difficulties or 2493
closes prior to the end of a school year. 2494

        (E) Upon the expiration of a contract entered into under this 2495
section, the sponsor of a community school may, with the approval 2496
of the governing authority of the school, renew that contract for 2497
a period of time determined by the sponsor, but not ending earlier 2498
than the end of any school year, if the sponsor finds that the 2499
school's compliance with applicable laws and terms of the contract 2500
and the school's progress in meeting the academic goals prescribed 2501
in the contract have been satisfactory. Any contract that is 2502
renewed under this division remains subject to the provisions of 2503
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. 2504

       (F) If a community school fails to open for operation within 2505
one year after the contract entered into under this section is 2506
adopted pursuant to division (D) of section 3314.02 of the Revised 2507
Code or permanently closes prior to the expiration of the 2508
contract, the contract shall be void and the school shall not 2509
enter into a contract with any other sponsor. A school shall not 2510
be considered permanently closed because the operations of the 2511
school have been suspended pursuant to section 3314.072 of the 2512
Revised Code. Any contract that becomes void under this division 2513
shall not count toward any statewide limit on the number of such 2514
contracts prescribed by section 3314.013 of the Revised Code. 2515

       Sec. 3323.01. As used in this chapter and Chapter 3321. of 2516
the Revised Code: 2517

       (A) "Handicapped child" means a person under twenty-two years 2518
of age who is developmentally handicapped, hearing handicapped, 2519
speech handicapped, visually disabled, severe behavior 2520
handicapped, orthopedically handicapped, multihandicapped, other 2521
health handicapped, specific learning disabled, autistic, or 2522
traumatic brain injured, and by reason thereof requires special 2523
education. 2524

       (B) "Special education program" means the required related 2525
services and instruction specifically designed to meet the unique 2526
needs of a handicapped child, including classroom instruction, 2527
home instruction, and instruction in hospitals and institutions 2528
and in other settings. 2529

       (C) "Related services" means transportation, and such 2530
developmental, corrective, and other supportive services as may be 2531
required to assist a handicapped child to benefit from special 2532
education, including the early identification and assessment of 2533
handicapped conditions in children, speech pathology and 2534
audiology, psychological services, occupational and physical 2535
therapy, physical education, recreation, counseling services 2536
including rehabilitative counseling, and medical services, except 2537
that such medical services shall be for diagnostic and evaluation 2538
purposes only. 2539

       (D) "Appropriate public education" means special education 2540
and related services that: 2541

       (1) Are provided at public expense and under public 2542
supervision; 2543

       (2) Meet the standards of the state board of education; 2544

       (3) Include an appropriate preschool, elementary, or 2545
secondary education; 2546

       (4) Are provided in conformity with the individualized 2547
education program required under this chapter. 2548

       (E) "Individualized education program" means a written 2549
statement for each handicapped child designed to meet the unique 2550
needs of a handicapped child, which statement shall include: 2551

       (1) A statement of the present levels of educational 2552
performance of such child; 2553

       (2) A statement of annual goals, including short-term 2554
instructional objectives; 2555

       (3) A statement of the specific educational services to be 2556
provided to such child, and the extent to which such child will be 2557
able to participate in regular educational programs; 2558

       (4) A statement of the transition services needed for such 2559
child beginning no later than age sixteen and annually thereafter 2560
(and, when determined appropriate for such child, beginning at age 2561
fourteen or younger), including, when appropriate, a statement of 2562
the interagency responsibilities and linkages before the student 2563
leaves the school setting; 2564

       (5) The projected date for initiation and anticipated 2565
duration of such services; 2566

       (6) Appropriate objective criteria and evaluation procedures 2567
and schedules for determining, on at least an annual basis, 2568
whether instructional objectives are being achieved, and whether 2569
current placement is appropriate. 2570

       (F) "Other educational agency" means a department, division, 2571
bureau, office, institution, board, commission, committee, 2572
authority, or other state or local agency, other than a school 2573
district or an agency administered by the department of mental 2574
retardation and developmental disabilities, that provides or seeks 2575
to provide special education or related services to handicapped 2576
children. 2577

       (G) "School district" means a city, local, or exempted 2578
village school district. 2579

       (H) "Parents" means either parent. If the parents are 2580
separated or divorced, "parent" means the parent who is the 2581
residential parent and legal custodian of the handicapped child. 2582
Except as used in division (I) of this section and in sections 2583
3323.09 and 3323.141 of the Revised Code, "parents" includes a 2584
child's guardian or custodian. This definition does not apply to 2585
Chapter 3321. of the Revised Code. 2586

       (I) As used in sections 3323.09, 3323.091, 3323.13, and 2587
3323.14 of the Revised Code, "school district of residence" means: 2588

       (1) The school district in which the child's parents reside; 2589

       (2) If the school district specified in division (I)(1) of 2590
this section cannot be determined, the last school district in 2591
which the child's parents are known to have resided if the 2592
parents' whereabouts are unknown; 2593

       (3) If the school district specified in division (I)(2) of 2594
this section cannot be determined, the school district determined 2595
by the court under section ~~2151.357~~2151.362 of the Revised Code, 2596
or if no district has been so determined, the school district as 2597
determined by the probate court of the county in which the child 2598
resides. The school district of residence that had been 2599
established under this section on December 12, 1983, shall remain 2600
the child's school district of residence unless a district of 2601
residence can be determined under division (I)(1) or (2) of this 2602
section. 2603

       (4) Notwithstanding divisions (I)(1) to (3) of this section, 2604
if a school district is required by section 3313.65 of the Revised 2605
Code to pay tuition for a child, that district shall be the 2606
child's school district of residence. 2607

       (J) "County MR/DD board" means a county board of mental 2608
retardation and developmental disabilities. 2609

       (K) "Handicapped preschool child" means a handicapped child 2610
who is at least three years of age but is not of compulsory school 2611
age, as defined under section 3321.01 of the Revised Code, and who 2612
is not currently enrolled in kindergarten. 2613

       (L) "Transition services" means a coordinated set of 2614
activities for a student, designed within an outcome-oriented 2615
process, that: 2616

       (1) Promotes movement from school to post-school activities, 2617
including post-secondary education; vocational training; 2618
integrated employment, including supported employment; continuing 2619
and adult education; adult services; independent living; and 2620
community participation; 2621

       (2) Is based upon the individual student's needs, including 2622
taking into account the student's preferences and interests; 2623

       (3) Includes instruction, community experiences, the 2624
development of employment and other post-school adult living 2625
objectives, and, when appropriate, acquisition of daily living 2626
skills and functional vocational evaluation. 2627

       (M) "Visual disability" for any individual means that one of 2628
the following applies to the individual: 2629

       (1) The individual has a visual acuity of 20/200 or less in 2630
the better eye with correcting lenses or has a limited field of 2631
vision in the better eye such that the widest diameter subtends an 2632
angular distance of no greater than twenty degrees. 2633

       (2) The individual has a medically indicated expectation of 2634
meeting the requirements of division (M)(1) of this section over a 2635
period of time. 2636

       (3) The individual has a medically diagnosed and medically 2637
uncorrectable limitation in visual functioning that adversely 2638
affects the individual's ability to read and write standard print 2639
at levels expected of the individual's peers of comparable ability 2640
and grade level. 2641

       (N) "Student with a visual disability" means any person under 2642
twenty-two years of age who has a visual disability. 2643

       (O) "Instruction in braille reading and writing" means the 2644
teaching of the system of reading and writing through touch 2645
commonly known as standard English braille. 2646

       Sec. 4301.69. (A) Except as otherwise provided in this 2647
chapter, no person shall sell beer or intoxicating liquor to an 2648
underage person, shall buy beer or intoxicating liquor for an 2649
underage person, or shall furnish it to an underage person, unless 2650
given by a physician in the regular line of the physician's 2651
practice or given for established religious purposes or unless the 2652
underage person is accompanied by a parent, spouse who is not an 2653
underage person, or legal guardian. 2654

       In proceedings before the liquor control commission, no 2655
permit holder, or the employee or agent of a permit holder, 2656
charged with a violation of this division shall be charged, for 2657
the same offense, with a violation of division (A)(1) of section 2658
4301.22 of the Revised Code. 2659

       (B) No person who is the owner or occupant of any public or 2660
private place shall knowingly allow any underage person to remain 2661
in or on the place while possessing or consuming beer or 2662
intoxicating liquor, unless the intoxicating liquor or beer is 2663
given to the person possessing or consuming it by that person's 2664
parent, spouse who is not an underage person, or legal guardian 2665
and the parent, spouse who is not an underage person, or legal 2666
guardian is present at the time of the person's possession or 2667
consumption of the beer or intoxicating liquor. 2668

       An owner of a public or private place is not liable for acts 2669
or omissions in violation of this division that are committed by a 2670
lessee of that place, unless the owner authorizes or acquiesces in 2671
the lessee's acts or omissions. 2672

       (C) No person shall engage or use accommodations at a hotel, 2673
inn, cabin, campground, or restaurant when the person knows or has 2674
reason to know either of the following: 2675

       (1) That beer or intoxicating liquor will be consumed by an 2676
underage person on the premises of the accommodations that the 2677
person engages or uses, unless the person engaging or using the 2678
accommodations is the spouse of the underage person and who is not 2679
an underage person, or is the parent or legal guardian of all of 2680
the underage persons, who consume beer or intoxicating liquor on 2681
the premises and that person is on the premises at all times when 2682
beer or intoxicating liquor is being consumed by an underage 2683
person; 2684

       (2) That a drug of abuse will be consumed on the premises of 2685
the accommodations by any person, except a person who obtained the 2686
drug of abuse pursuant to a prescription issued by a licensed 2687
health professional authorized to prescribe drugs and has the drug 2688
of abuse in the original container in which it was dispensed to 2689
the person. 2690

       (D)(1) No person is required to permit the engagement of 2691
accommodations at any hotel, inn, cabin, or campground by an 2692
underage person or for an underage person, if the person engaging 2693
the accommodations knows or has reason to know that the underage 2694
person is intoxicated, or that the underage person possesses any 2695
beer or intoxicating liquor and is not accompanied by a parent, 2696
spouse who is not an underage person, or legal guardian who is or 2697
will be present at all times when the beer or intoxicating liquor 2698
is being consumed by the underage person. 2699

       (2) No underage person shall knowingly engage or attempt to 2700
engage accommodations at any hotel, inn, cabin, or campground by 2701
presenting identification that falsely indicates that the underage 2702
person is twenty-one years of age or older for the purpose of 2703
violating this section. 2704

       (E)(1) No underage person shall knowingly order, pay for, 2705
share the cost of, attempt to purchase, possess, or consume any 2706
beer or intoxicating liquor in any public or private place. No 2707
underage person shall knowingly be under the influence of any beer 2708
or intoxicating liquor in any public place. The prohibitions set 2709
forth in division (E)(1) of this section against an underage 2710
person knowingly possessing, consuming, or being under the 2711
influence of any beer or intoxicating liquor shall not apply if 2712
the underage person is accompanied by a parent, spouse who is not 2713
an underage person, or legal guardian, or the beer or intoxicating 2714
liquor is given by a physician in the regular line of the 2715
physician's practice or given for established religious purposes. 2716

       (2)(a) If a person is charged with violating division (E)(1) 2717
of this section in a complaint filed under section 2151.27 of the 2718
Revised Code, the court may order the child into a diversion 2719
program specified by the court and hold the complaint in abeyance 2720
pending successful completion of the diversion program. A child is 2721
ineligible to enter into a diversion program under division 2722
(E)(2)(a) of this section if the child previously has been 2723
diverted pursuant to division (E)(2)(a) of this section. If the 2724
child completes the diversion program to the satisfaction of the 2725
court, the court shall dismiss the complaint and order the child's 2726
record in the case sealed under ~~division (D)(3) of section~~ 2727
sections 2151.356 to 2151.358 of the Revised Code. If the child 2728
fails to satisfactorily complete the diversion program, the court 2729
shall proceed with the complaint. 2730

       (b) If a person is charged in a criminal complaint with 2731
violating division (E)(1) of this section, section 2935.36 of the 2732
Revised Code shall apply to the offense, except that a person is 2733
ineligible for diversion under that section if the person 2734
previously has been diverted pursuant to division (E)(2)(a) or (b) 2735
of this section. If the person completes the diversion program to 2736
the satisfaction of the court, the court shall dismiss the 2737
complaint and order the record in the case sealed under section 2738
2953.52 of the Revised Code. If the person fails to satisfactorily 2739
complete the diversion program, the court shall proceed with the 2740
complaint. 2741

       (F) No parent, spouse who is not an underage person, or legal 2742
guardian of a minor shall knowingly permit the minor to violate 2743
this section or section 4301.63, 4301.633, or 4301.634 of the 2744
Revised Code. 2745

       (G) The operator of any hotel, inn, cabin, or campground 2746
shall make the provisions of this section available in writing to 2747
any person engaging or using accommodations at the hotel, inn, 2748
cabin, or campground. 2749

       (H) As used in this section: 2750

       (1) "Drug of abuse" has the same meaning as in section 2751
3719.011 of the Revised Code. 2752

       (2) "Hotel" has the same meaning as in section 3731.01 of the 2753
Revised Code. 2754

       (3) "Licensed health professional authorized to prescribe 2755
drugs" and "prescription" have the same meanings as in section 2756
4729.01 of the Revised Code. 2757

       (4) "Minor" means a person under the age of eighteen years. 2758

       (5) "Underage person" means a person under the age of 2759
twenty-one years. 2760

       Section 2. That existing sections 2151.313, 2151.357, 2761
2152.72, 2930.13, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, 2762
and 4301.69 and section 2151.358 of the Revised Code are hereby 2763
repealed. 2764

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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