As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 164

Senators Schuring, Gardner, Stivers, Schuler, Spada, Zurz, Brady 

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A BILL

To amend sections 3313.64 and 3314.03 and to enact

1

sections 3313.718 and 3314.141 of the Revised Code

2

to permit students of school districts, community

3

schools, and chartered nonpublic schools to carry

4

epinephrine medication approved by the students'

5

physicians and parents, and to grant immunity to

6

school districts, community schools, and chartered

7

nonpublic schools and their employees for good

8

faith actions in connection with this permission.

9

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

Section 1. That sections 3313.64 and 3314.03 be amended and	10
sections 3313.718 and 3314.141 of the Revised Code be enacted to	11
read as follows:	12

Sec. 3313.64.  (A) As used in this section and in section	13
3313.65 of the Revised Code:	14

(1)(a) Except as provided in division (A)(1)(b) of this	15
section, "parent" means either parent, unless the parents are	16
separated or divorced or their marriage has been dissolved or	17
annulled, in which case "parent" means the parent who is the	18
residential parent and legal custodian of the child. When a child	19
is in the legal custody of a government agency or a person other	20
than the child's natural or adoptive parent, "parent" means the	21
parent with residual parental rights, privileges, and	22
responsibilities. When a child is in the permanent custody of a	23
government agency or a person other than the child's natural or	24
adoptive parent, "parent" means the parent who was divested of	25
parental rights and responsibilities for the care of the child and	26
the right to have the child live with the parent and be the legal	27
custodian of the child and all residual parental rights,	28
privileges, and responsibilities.	29

(b) When a child is the subject of a power of attorney	30
executed under sections 3109.51 to 3109.62 of the Revised Code,	31
"parent" means the grandparent designated as attorney in fact	32
under the power of attorney. When a child is the subject of a	33
caretaker authorization affidavit executed under sections 3109.64	34
to 3109.73 of the Revised Code, "parent" means the grandparent	35
that executed the affidavit.	36

(2) "Legal custody," "permanent custody," and "residual	37
parental rights, privileges, and responsibilities" have the same	38
meanings as in section 2151.011 of the Revised Code.	39

(3) "School district" or "district" means a city, local, or	40
exempted village school district and excludes any school operated	41
in an institution maintained by the department of youth services.	42

(4) Except as used in division (C)(2) of this section, "home"	43
means a home, institution, foster home, group home, or other	44
residential facility in this state that receives and cares for	45
children, to which any of the following applies:	46

(a) The home is licensed, certified, or approved for such	47
purpose by the state or is maintained by the department of youth	48
services.	49

(b) The home is operated by a person who is licensed,	50
certified, or approved by the state to operate the home for such	51
purpose.	52

(c) The home accepted the child through a placement by a	53
person licensed, certified, or approved to place a child in such a	54
home by the state.	55

(d) The home is a children's home created under section	56
5153.21 or 5153.36 of the Revised Code.	57

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

58

(a) A public children services agency;

59

(b) An organization that holds a certificate issued by the	60
Ohio department of job and family services in accordance with the	61
requirements of section 5103.03 of the Revised Code and assumes	62
temporary or permanent custody of children through commitment,	63
agreement, or surrender, and places children in family homes for	64
the purpose of adoption;	65

(c) Comparable agencies of other states or countries that	66
have complied with applicable requirements of section 2151.39, or	67
sections 5103.20 to 5103.28 of the Revised Code.	68

(6) A child is placed for adoption if either of the following	69
occurs:	70

(a) An agency to which the child has been permanently	71
committed or surrendered enters into an agreement with a person	72
pursuant to section 5103.16 of the Revised Code for the care and	73
adoption of the child.	74

(b) The child's natural parent places the child pursuant to	75
section 5103.16 of the Revised Code with a person who will care	76
for and adopt the child.	77

(7) "Handicapped preschool child" means a handicapped child,	78
as defined by division (A) of section 3323.01 of the Revised Code,	79
who is at least three years of age but is not of compulsory school	80
age, as defined in section 3321.01 of the Revised Code, and who is	81
not currently enrolled in kindergarten.	82

(8) "Child," unless otherwise indicated, includes handicapped	83
preschool children.	84

(9) "Active duty" means active duty pursuant to an executive	85
order of the president of the United States, an act of the	86
congress of the United States, or section 5919.29 or 5923.21 of	87
the Revised Code.	88

(B) Except as otherwise provided in section 3321.01 of the	89
Revised Code for admittance to kindergarten and first grade, a	90
child who is at least five but under twenty-two years of age and	91
any handicapped preschool child shall be admitted to school as	92
provided in this division.	93

(1) A child shall be admitted to the schools of the school	94
district in which the child's parent resides.	95

(2) A child who does not reside in the district where the	96
child's parent resides shall be admitted to the schools of the	97
district in which the child resides if any of the following	98
applies:	99

(a) The child is in the legal or permanent custody of a	100
government agency or a person other than the child's natural or	101
adoptive parent.	102

(b) The child resides in a home.

103

(c) The child requires special education.

104

(3) A child who is not entitled under division (B)(2) of this	105
section to be admitted to the schools of the district where the	106
child resides and who is residing with a resident of this state	107
with whom the child has been placed for adoption shall be admitted	108
to the schools of the district where the child resides unless	109
either of the following applies:	110

(a) The placement for adoption has been terminated.

111

(b) Another school district is required to admit the child	112
under division (B)(1) of this section.	113

Division (B) of this section does not prohibit the board of	114
education of a school district from placing a handicapped child	115
who resides in the district in a special education program outside	116
of the district or its schools in compliance with Chapter 3323. of	117
the Revised Code.	118

(C) A district shall not charge tuition for children admitted	119
under division (B)(1) or (3) of this section. If the district	120
admits a child under division (B)(2) of this section, tuition	121
shall be paid to the district that admits the child as follows:	122

(1) If the child receives special education in accordance	123
with Chapter 3323. of the Revised Code, tuition shall be paid in	124
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	125
the Revised Code regardless of who has custody of the child or	126
whether the child resides in a home.	127

(2) Except as otherwise provided in division (C)(2)(d) of	128
this section, if the child is in the permanent or legal custody of	129
a government agency or person other than the child's parent,	130
tuition shall be paid by:	131

(a) The district in which the child's parent resided at the	132
time the court removed the child from home or at the time the	133
court vested legal or permanent custody of the child in the person	134
or government agency, whichever occurred first;	135

(b) If the parent's residence at the time the court removed	136
the child from home or placed the child in the legal or permanent	137
custody of the person or government agency is unknown, tuition	138
shall be paid by the district in which the child resided at the	139
time the child was removed from home or placed in legal or	140
permanent custody, whichever occurred first;	141

(c) If a school district cannot be established under division	142
(C)(2)(a) or (b) of this section, tuition shall be paid by the	143
district determined as required by section 2151.357 of the Revised	144
Code by the court at the time it vests custody of the child in the	145
person or government agency;	146

(d) If at the time the court removed the child from home or	147
vested legal or permanent custody of the child in the person or	148
government agency, whichever occurred first, one parent was in a	149
residential or correctional facility or a juvenile residential	150
placement and the other parent, if living and not in such a	151
facility or placement, was not known to reside in this state,	152
tuition shall be paid by the district determined under division	153
(D) of section 3313.65 of the Revised Code as the district	154
required to pay any tuition while the parent was in such facility	155
or placement.	156

(3) If the child is not in the permanent or legal custody of	157
a government agency or person other than the child's parent and	158
the child resides in a home, tuition shall be paid by one of the	159
following:	160

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

161

(b) If the child's parent is not a resident of this state,	162
the home in which the child resides.	163

(D) Tuition required to be paid under divisions (C)(2) and	164
(3)(a) of this section shall be computed in accordance with	165
section 3317.08 of the Revised Code. Tuition required to be paid	166
under division (C)(3)(b) of this section shall be computed in	167
accordance with section 3317.081 of the Revised Code. If a home	168
fails to pay the tuition required by division (C)(3)(b) of this	169
section, the board of education providing the education may	170
recover in a civil action the tuition and the expenses incurred in	171
prosecuting the action, including court costs and reasonable	172
attorney's fees. If the prosecuting attorney or city director of	173
law represents the board in such action, costs and reasonable	174
attorney's fees awarded by the court, based upon the prosecuting	175
attorney's, director's, or one of their designee's time spent	176
preparing and presenting the case, shall be deposited in the	177
county or city general fund.	178

(E) A board of education may enroll a child free of any	179
tuition obligation for a period not to exceed sixty days, on the	180
sworn statement of an adult resident of the district that the	181
resident has initiated legal proceedings for custody of the child.	182

(F) In the case of any individual entitled to attend school	183
under this division, no tuition shall be charged by the school	184
district of attendance and no other school district shall be	185
required to pay tuition for the individual's attendance.	186
Notwithstanding division (B), (C), or (E) of this section:	187

(1) All persons at least eighteen but under twenty-two years	188
of age who live apart from their parents, support themselves by	189
their own labor, and have not successfully completed the high	190
school curriculum or the individualized education program	191
developed for the person by the high school pursuant to section	192
3323.08 of the Revised Code, are entitled to attend school in the	193
district in which they reside.	194

(2) Any child under eighteen years of age who is married is	195
entitled to attend school in the child's district of residence.	196

(3) A child is entitled to attend school in the district in	197
which either of the child's parents is employed if the child has a	198
medical condition that may require emergency medical attention.	199
The parent of a child entitled to attend school under division	200
(F)(3) of this section shall submit to the board of education of	201
the district in which the parent is employed a statement from the	202
child's physician certifying that the child's medical condition	203
may require emergency medical attention. The statement shall be	204
supported by such other evidence as the board may require.	205

(4) Any child residing with a person other than the child's	206
parent is entitled, for a period not to exceed twelve months, to	207
attend school in the district in which that person resides if the	208
child's parent files an affidavit with the superintendent of the	209
district in which the person with whom the child is living resides	210
stating all of the following:	211

(a) That the parent is serving outside of the state in the	212
armed services of the United States;	213

(b) That the parent intends to reside in the district upon	214
returning to this state;	215

(c) The name and address of the person with whom the child is	216
living while the parent is outside the state.	217

(5) Any child under the age of twenty-two years who, after	218
the death of a parent, resides in a school district other than the	219
district in which the child attended school at the time of the	220
parent's death is entitled to continue to attend school in the	221
district in which the child attended school at the time of the	222
parent's death for the remainder of the school year, subject to	223
approval of that district board.	224

(6) A child under the age of twenty-two years who resides	225
with a parent who is having a new house built in a school district	226
outside the district where the parent is residing is entitled to	227
attend school for a period of time in the district where the new	228
house is being built. In order to be entitled to such attendance,	229
the parent shall provide the district superintendent with the	230
following:	231

(a) A sworn statement explaining the situation, revealing the	232
location of the house being built, and stating the parent's	233
intention to reside there upon its completion;	234

(b) A statement from the builder confirming that a new house	235
is being built for the parent and that the house is at the	236
location indicated in the parent's statement.	237

(7) A child under the age of twenty-two years residing with a	238
parent who has a contract to purchase a house in a school district	239
outside the district where the parent is residing and who is	240
waiting upon the date of closing of the mortgage loan for the	241
purchase of such house is entitled to attend school for a period	242
of time in the district where the house is being purchased. In	243
order to be entitled to such attendance, the parent shall provide	244
the district superintendent with the following:	245

(a) A sworn statement explaining the situation, revealing the	246
location of the house being purchased, and stating the parent's	247
intent to reside there;	248

(b) A statement from a real estate broker or bank officer	249
confirming that the parent has a contract to purchase the house,	250
that the parent is waiting upon the date of closing of the	251
mortgage loan, and that the house is at the location indicated in	252
the parent's statement.	253

The district superintendent shall establish a period of time	254
not to exceed ninety days during which the child entitled to	255
attend school under division (F)(6) or (7) of this section may	256
attend without tuition obligation. A student attending a school	257
under division (F)(6) or (7) of this section shall be eligible to	258
participate in interscholastic athletics under the auspices of	259
that school, provided the board of education of the school	260
district where the student's parent resides, by a formal action,	261
releases the student to participate in interscholastic athletics	262
at the school where the student is attending, and provided the	263
student receives any authorization required by a public agency or	264
private organization of which the school district is a member	265
exercising authority over interscholastic sports.	266

(8) A child whose parent is a full-time employee of a city,	267
local, or exempted village school district, or of an educational	268
service center, may be admitted to the schools of the district	269
where the child's parent is employed, or in the case of a child	270
whose parent is employed by an educational service center, in the	271
district that serves the location where the parent's job is	272
primarily located, provided the district board of education	273
establishes such an admission policy by resolution adopted by a	274
majority of its members. Any such policy shall take effect on the	275
first day of the school year and the effective date of any	276
amendment or repeal may not be prior to the first day of the	277
subsequent school year. The policy shall be uniformly applied to	278
all such children and shall provide for the admission of any such	279
child upon request of the parent. No child may be admitted under	280
this policy after the first day of classes of any school year.	281

(9) A child who is with the child's parent under the care of	282
a shelter for victims of domestic violence, as defined in section	283
3113.33 of the Revised Code, is entitled to attend school free in	284
the district in which the child is with the child's parent, and no	285
other school district shall be required to pay tuition for the	286
child's attendance in that school district.	287

The enrollment of a child in a school district under this	288
division shall not be denied due to a delay in the school	289
district's receipt of any records required under section 3313.672	290
of the Revised Code or any other records required for enrollment.	291
Any days of attendance and any credits earned by a child while	292
enrolled in a school district under this division shall be	293
transferred to and accepted by any school district in which the	294
child subsequently enrolls. The state board of education shall	295
adopt rules to ensure compliance with this division.	296

(10) Any child under the age of twenty-two years whose parent	297
has moved out of the school district after the commencement of	298
classes in the child's senior year of high school is entitled,	299
subject to the approval of that district board, to attend school	300
in the district in which the child attended school at the time of	301
the parental move for the remainder of the school year and for one	302
additional semester or equivalent term. A district board may also	303
adopt a policy specifying extenuating circumstances under which a	304
student may continue to attend school under division (F)(10) of	305
this section for an additional period of time in order to	306
successfully complete the high school curriculum for the	307
individualized education program developed for the student by the	308
high school pursuant to section 3323.08 of the Revised Code.	309

(11) As used in this division, "grandparent" means a parent	310
of a parent of a child. A child under the age of twenty-two years	311
who is in the custody of the child's parent, resides with a	312
grandparent, and does not require special education is entitled to	313
attend the schools of the district in which the child's	314
grandparent resides, provided that, prior to such attendance in	315
any school year, the board of education of the school district in	316
which the child's grandparent resides and the board of education	317
of the school district in which the child's parent resides enter	318
into a written agreement specifying that good cause exists for	319
such attendance, describing the nature of this good cause, and	320
consenting to such attendance.	321

In lieu of a consent form signed by a parent, a board of	322
education may request the grandparent of a child attending school	323
in the district in which the grandparent resides pursuant to	324
division (F)(11) of this section to complete any consent form	325
required by the district, including any authorization required by	326
sections 3313.712, 3313.713, and 3313.716, and 3313.718 of the	327
Revised Code. Upon request, the grandparent shall complete any	328
consent form required by the district. A school district shall not	329
incur any liability solely because of its receipt of a consent	330
form from a grandparent in lieu of a parent.	331

Division (F)(11) of this section does not create, and shall	332
not be construed as creating, a new cause of action or substantive	333
legal right against a school district, a member of a board of	334
education, or an employee of a school district. This section does	335
not affect, and shall not be construed as affecting, any	336
immunities from defenses to tort liability created or recognized	337
by Chapter 2744. of the Revised Code for a school district,	338
member, or employee.	339

(12) A child under the age of twenty-two years is entitled to	340
attend school in a school district other than the district in	341
which the child is entitled to attend school under division (B),	342
(C), or (E) of this section provided that, prior to such	343
attendance in any school year, both of the following occur:	344

(a) The superintendent of the district in which the child is	345
entitled to attend school under division (B), (C), or (E) of this	346
section contacts the superintendent of another district for	347
purposes of this division;	348

(b) The superintendents of both districts enter into a	349
written agreement that consents to the attendance and specifies	350
that the purpose of such attendance is to protect the student's	351
physical or mental well-being or to deal with other extenuating	352
circumstances deemed appropriate by the superintendents.	353

While an agreement is in effect under this division for a	354
student who is not receiving special education under Chapter 3323.	355
of the Revised Code and notwithstanding Chapter 3327. of the	356
Revised Code, the board of education of neither school district	357
involved in the agreement is required to provide transportation	358
for the student to and from the school where the student attends.	359

A student attending a school of a district pursuant to this	360
division shall be allowed to participate in all student	361
activities, including interscholastic athletics, at the school	362
where the student is attending on the same basis as any student	363
who has always attended the schools of that district while of	364
compulsory school age.	365

(13) All school districts shall comply with the	366
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	367
seq., for the education of homeless children. Each city, local,	368
and exempted village school district shall comply with the	369
requirements of that act governing the provision of a free,	370
appropriate public education, including public preschool, to each	371
homeless child.	372

When a child loses permanent housing and becomes a homeless	373
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	374
such a homeless person changes temporary living arrangements, the	375
child's parent or guardian shall have the option of enrolling the	376
child in either of the following:	377

(a) The child's school of origin, as defined in 42 U.S.C.A.	378
11432(g)(3)(C);	379

(b) The school that is operated by the school district in	380
which the shelter where the child currently resides is located and	381
that serves the geographic area in which the shelter is located.	382

(14) A child under the age of twenty-two years who resides	383
with a person other than the child's parent is entitled to attend	384
school in the school district in which that person resides if both	385
of the following apply:	386

(a) That person has been appointed, through a military power	387
of attorney executed under section 574(a) of the "National Defense	388
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	389
U.S.C. 1044b, or through a comparable document necessary to	390
complete a family care plan, as the parent's agent for the care,	391
custody, and control of the child while the parent is on active	392
duty as a member of the national guard or a reserve unit of the	393
armed forces of the United States or because the parent is a	394
member of the armed forces of the United States and is on a duty	395
assignment away from the parent's residence.	396

(b) The military power of attorney or comparable document	397
includes at least the authority to enroll the child in school.	398

The entitlement to attend school in the district in which the	399
parent's agent under the military power of attorney or comparable	400
document resides applies until the end of the school year in which	401
the military power of attorney or comparable document expires.	402

(G) A board of education, after approving admission, may	403
waive tuition for students who will temporarily reside in the	404
district and who are either of the following:	405

(1) Residents or domiciliaries of a foreign nation who	406
request admission as foreign exchange students;	407

(2) Residents or domiciliaries of the United States but not	408
of Ohio who request admission as participants in an exchange	409
program operated by a student exchange organization.	410

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	411
3327.04, and 3327.06 of the Revised Code, a child may attend	412
school or participate in a special education program in a school	413
district other than in the district where the child is entitled to	414
attend school under division (B) of this section.	415

(I)(1) Notwithstanding anything to the contrary in this	416
section or section 3313.65 of the Revised Code, a child under	417
twenty-two years of age may attend school in the school district	418
in which the child, at the end of the first full week of October	419
of the school year, was entitled to attend school as otherwise	420
provided under this section or section 3313.65 of the Revised	421
Code, if at that time the child was enrolled in the schools of the	422
district but since that time the child or the child's parent has	423
relocated to a new address located outside of that school district	424
and within the same county as the child's or parent's address	425
immediately prior to the relocation. The child may continue to	426
attend school in the district, and at the school to which the	427
child was assigned at the end of the first full week of October of	428
the current school year, for the balance of the school year.	429
Division (I)(1) of this section applies only if both of the	430
following conditions are satisfied:	431

(a) The board of education of the school district in which	432
the child was entitled to attend school at the end of the first	433
full week in October and of the district to which the child or	434
child's parent has relocated each has adopted a policy to enroll	435
children described in division (I)(1) of this section.	436

(b) The child's parent provides written notification of the	437
relocation outside of the school district to the superintendent of	438
each of the two school districts.	439

(2) At the beginning of the school year following the school	440
year in which the child or the child's parent relocated outside of	441
the school district as described in division (I)(1) of this	442
section, the child is not entitled to attend school in the school	443
district under that division.	444

(3) Any person or entity owing tuition to the school district	445
on behalf of the child at the end of the first full week in	446
October, as provided in division (C) of this section, shall	447
continue to owe such tuition to the district for the child's	448
attendance under division (I)(1) of this section for the lesser of	449
the balance of the school year or the balance of the time that the	450
child attends school in the district under division (I)(1) of this	451
section.	452

(4) A pupil who may attend school in the district under	453
division (I)(1) of this section shall be entitled to	454
transportation services pursuant to an agreement between the	455
district and the district in which the child or child's parent has	456
relocated unless the districts have not entered into such	457
agreement, in which case the child shall be entitled to	458
transportation services in the same manner as a pupil attending	459
school in the district under interdistrict open enrollment as	460
described in division (H) of section 3313.981 of the Revised Code,	461
regardless of whether the district has adopted an open enrollment	462
policy as described in division (B)(1)(b) or (c) of section	463
3313.98 of the Revised Code.	464

(J) This division does not apply to a child receiving special	465
education.	466

A school district required to pay tuition pursuant to	467
division (C)(2) or (3) of this section or section 3313.65 of the	468
Revised Code shall have an amount deducted under division (F) of	469
section 3317.023 of the Revised Code equal to its own tuition rate	470
for the same period of attendance. A school district entitled to	471
receive tuition pursuant to division (C)(2) or (3) of this section	472
or section 3313.65 of the Revised Code shall have an amount	473
credited under division (F) of section 3317.023 of the Revised	474
Code equal to its own tuition rate for the same period of	475
attendance. If the tuition rate credited to the district of	476
attendance exceeds the rate deducted from the district required to	477
pay tuition, the department of education shall pay the district of	478
attendance the difference from amounts deducted from all	479
districts' payments under division (F) of section 3317.023 of the	480
Revised Code but not credited to other school districts under such	481
division and from appropriations made for such purpose. The	482
treasurer of each school district shall, by the fifteenth day of	483
January and July, furnish the superintendent of public instruction	484
a report of the names of each child who attended the district's	485
schools under divisions (C)(2) and (3) of this section or section	486
3313.65 of the Revised Code during the preceding six calendar	487
months, the duration of the attendance of those children, the	488
school district responsible for tuition on behalf of the child,	489
and any other information that the superintendent requires.	490

Upon receipt of the report the superintendent, pursuant to	491
division (F) of section 3317.023 of the Revised Code, shall deduct	492
each district's tuition obligations under divisions (C)(2) and (3)	493
of this section or section 3313.65 of the Revised Code and pay to	494
the district of attendance that amount plus any amount required to	495
be paid by the state.	496

(K) In the event of a disagreement, the superintendent of	497
public instruction shall determine the school district in which	498
the parent resides.	499

(L) Nothing in this section requires or authorizes, or shall	500
be construed to require or authorize, the admission to a public	501
school in this state of a pupil who has been permanently excluded	502
from public school attendance by the superintendent of public	503
instruction pursuant to sections 3301.121 and 3313.662 of the	504
Revised Code.	505

(M) In accordance with division (B)(1) of this section, a	506
child whose parent is a member of the national guard or a reserve	507
unit of the armed forces of the United States and is called to	508
active duty, or a child whose parent is a member of the armed	509
forces of the United States and is ordered to a temporary duty	510
assignment outside of the district, may continue to attend school	511
in the district in which the child's parent lived before being	512
called to active duty or ordered to a temporary duty assignment	513
outside of the district, as long as the child's parent continues	514
to be a resident of that district, and regardless of where the	515
child lives as a result of the parent's active duty status or	516
temporary duty assignment. However, the district is not	517
responsible for providing transportation for the child if the	518
child lives outside of the district as a result of the parent's	519
active duty status or temporary duty assignment.	520

Sec. 3313.718.  (A) Notwithstanding section 3313.713 of the	521
Revised Code or any policy adopted under that section, a student	522
of a school operated by a city, local, exempted village, or joint	523
vocational school district or a student of a chartered nonpublic	524
school may possess and use an epinephrine inhaler or an	525
epinephrine autoinjector to treat anaphylaxis, if both of the	526
following conditions are satisfied:	527

(1) The student has the written approval of the student's	528
physician and, if the student is a minor, the written approval of	529
the parent, guardian, or other person having care or charge of the	530
student. The physician's written approval shall include at least	531
all of the following information:	532

(a) The student's name and address;

533

(b) The names and dose of the medication contained in the	534
inhaler or autoinjector;	535

(c) The date the administration of the medication is to	536
begin;	537

(d) The date, if known, that the administration of the	538
medication is to cease;	539

(e) Written instructions that outline procedures school	540
personnel should follow in the event that the anaphylaxis	541
medication does not produce the expected relief from the student's	542
anaphylaxis;	543

(f) Any severe adverse reactions that may occur to the child	544
using the inhaler or autoinjector that should be reported to the	545
physician;	546

(g) Any severe adverse reactions that may occur to another	547
child, for whom the inhaler or autoinjector is not prescribed,	548
should such a child receive a dose of the medication;	549

(h) At least one emergency telephone number for contacting	550
the physician in an emergency;	551

(i) At least one emergency telephone number for contacting	552
the parent, guardian, or other person having care or charge of the	553
student in an emergency;	554

(j) Any other special instructions from the physician.

555

(2) The school principal and, if a school nurse is assigned	556
to the student's school building, the school nurse has received	557
copies of the written approvals required by division (A)(1) of	558
this section.	559

If these conditions are satisfied, the student may possess	560
and use the inhaler or autoinjector at school or at any activity,	561
event, or program sponsored by or in which the student's school is	562
a participant.	563

(B)(1) A school district, member of a school district board	564
of education, or school district employee is not liable in damages	565
in a civil action for injury, death, or loss to person or property	566
allegedly arising from a district employee's prohibiting a student	567
from using an inhaler or autoinjector because of the employee's	568
good faith belief that the conditions of divisions (A)(1) and (2)	569
of this section had not been satisfied. A school district, member	570
of a school district board of education, or school district	571
employee is not liable in damages in a civil action for injury,	572
death, or loss to person or property allegedly arising from a	573
district employee's permitting a student to use an inhaler or	574
autoinjector because of the employee's good faith belief that the	575
conditions of divisions (A)(1) and (2) of this section had been	576
satisfied. Furthermore, when a school district is required by this	577
section to permit a student to possess and use an inhaler or	578
autoinjector because the conditions of divisions (A)(1) and (2) of	579
this section have been satisfied, the school district, any member	580
of the school district board of education, or any school district	581
employee is not liable in damages in a civil action for injury,	582
death, or loss to person or property allegedly arising from the	583
use of the inhaler or autoinjector by a student for whom it was	584
not prescribed.	585

This section does not eliminate, limit, or reduce any other	586
immunity or defense that a school district, member of a school	587
district board of education, or school district employee may be	588
entitled to under Chapter 2744. or any other provision of the	589
Revised Code or under the common law of this state.	590

(2) A chartered nonpublic school or any officer, director, or	591
employee of the school is not liable in damages in a civil action	592
for injury, death, or loss to person or property allegedly arising	593
from a school employee's prohibiting a student from using an	594
inhaler or autoinjector because of the employee's good faith	595
belief that the conditions of divisions (A)(1) and (2) of this	596
section had not been satisfied. A chartered nonpublic school or	597
any officer, director, or employee of the school is not liable in	598
damages in a civil action for injury, death, or loss to person or	599
property allegedly arising from a school employee's permitting a	600
student to use an inhaler or autoinjector because of the	601
employee's good faith belief that the conditions of divisions	602
(A)(1) and (2) of this section had been satisfied. Furthermore,	603
when a chartered nonpublic school is required by this section to	604
permit a student to possess and use an inhaler or autoinjector	605
because the conditions of divisions (A)(1) and (2) of this section	606
have been satisfied, the chartered nonpublic school or any	607
officer, director, or employee of the school is not liable in	608
damages in a civil action for injury, death, or loss to person or	609
property allegedly arising from the use of the inhaler or	610
autoinjector by a student for whom it was not prescribed.	611

Sec. 3314.03.  A copy of every contract entered into under	612
this section shall be filed with the superintendent of public	613
instruction.	614

(A) Each contract entered into between a sponsor and the	615
governing authority of a community school shall specify the	616
following:	617

(1) That the school shall be established as either of the	618
following:	619

(a) A nonprofit corporation established under Chapter 1702.	620
of the Revised Code, if established prior to April 8, 2003;	621

(b) A public benefit corporation established under Chapter	622
1702. of the Revised Code, if established after April 8, 2003;	623

(2) The education program of the school, including the	624
school's mission, the characteristics of the students the school	625
is expected to attract, the ages and grades of students, and the	626
focus of the curriculum;	627

(3) The academic goals to be achieved and the method of	628
measurement that will be used to determine progress toward those	629
goals, which shall include the statewide achievement tests;	630

(4) Performance standards by which the success of the school	631
will be evaluated by the sponsor;	632

(5) The admission standards of section 3314.06 of the Revised	633
Code;	634

(6)(a) Dismissal procedures;

635

(b) A requirement that the governing authority adopt an	636
attendance policy that includes a procedure for automatically	637
withdrawing a student from the school if the student without a	638
legitimate excuse fails to participate in one hundred five	639
consecutive hours of the learning opportunities offered to the	640
student. Such a policy shall provide for withdrawing the student	641
by the end of the thirtieth day after the student has failed to	642
participate as required under this division.	643

(7) The ways by which the school will achieve racial and	644
ethnic balance reflective of the community it serves;	645

(8) Requirements for financial audits by the auditor of	646
state. The contract shall require financial records of the school	647
to be maintained in the same manner as are financial records of	648
school districts, pursuant to rules of the auditor of state, and	649
the audits shall be conducted in accordance with section 117.10 of	650
the Revised Code.	651

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

652

(10) Qualifications of teachers, including a requirement that	653
the school's classroom teachers be licensed in accordance with	654
sections 3319.22 to 3319.31 of the Revised Code, except that a	655
community school may engage noncertificated persons to teach up to	656
twelve hours per week pursuant to section 3319.301 of the Revised	657
Code;	658

(11) That the school will comply with the following	659
requirements:	660

(a) The school will provide learning opportunities to a	661
minimum of twenty-five students for a minimum of nine hundred	662
twenty hours per school year;	663

(b) The governing authority will purchase liability	664
insurance, or otherwise provide for the potential liability of the	665
school;	666

(c) The school will be nonsectarian in its programs,	667
admission policies, employment practices, and all other	668
operations, and will not be operated by a sectarian school or	669
religious institution;	670

(d) The school will comply with sections 9.90, 9.91, 109.65,	671
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	672
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	673
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	674
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	675
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	676
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	677
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	678
4123., 4141., and 4167. of the Revised Code as if it were a school	679
district and will comply with section 3301.0714 of the Revised	680
Code in the manner specified in section 3314.17 of the Revised	681
Code;	682

(e) The school shall comply with Chapter 102. of the Revised	683
Code except that nothing in that chapter shall prohibit a member	684
of the school's governing board from also being an employee of the	685
school and nothing in that chapter or section 2921.42 of the	686
Revised Code shall prohibit a member of the school's governing	687
board from having an interest in a contract into which the	688
governing board enters that is not a contract with a for-profit	689
firm for the operation or management of a school under the	690
auspices of the governing authority;	691

(f) The school will comply with sections 3313.61, 3313.611,	692
and 3313.614 of the Revised Code, except that the requirement in	693
sections 3313.61 and 3313.611 of the Revised Code that a person	694
must successfully complete the curriculum in any high school prior	695
to receiving a high school diploma may be met by completing the	696
curriculum adopted by the governing authority of the community	697
school rather than the curriculum specified in Title XXXIII of the	698
Revised Code or any rules of the state board of education;	699

(g) The school governing authority will submit within four	700
months after the end of each school year a report of its	701
activities and progress in meeting the goals and standards of	702
divisions (A)(3) and (4) of this section and its financial status	703
to the sponsor, the parents of all students enrolled in the	704
school, and the legislative office of education oversight. The	705
school will collect and provide any data that the legislative	706
office of education oversight requests in furtherance of any study	707
or research that the general assembly requires the office to	708
conduct, including the studies required under Section 50.39 of Am.	709
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	710
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	711

(12) Arrangements for providing health and other benefits to	712
employees;	713

(13) The length of the contract, which shall begin at the	714
beginning of an academic year. No contract shall exceed five years	715
unless such contract has been renewed pursuant to division (E) of	716
this section.	717

(14) The governing authority of the school, which shall be	718
responsible for carrying out the provisions of the contract;	719

(15) A financial plan detailing an estimated school budget	720
for each year of the period of the contract and specifying the	721
total estimated per pupil expenditure amount for each such year.	722
The plan shall specify for each year the base formula amount that	723
will be used for purposes of funding calculations under section	724
3314.08 of the Revised Code. This base formula amount for any year	725
shall not exceed the formula amount defined under section 3317.02	726
of the Revised Code. The plan may also specify for any year a	727
percentage figure to be used for reducing the per pupil amount of	728
disadvantaged pupil impact aid calculated pursuant to section	729
3317.029 of the Revised Code the school is to receive that year	730
under section 3314.08 of the Revised Code.	731

(16) Requirements and procedures regarding the disposition of	732
employees of the school in the event the contract is terminated or	733
not renewed pursuant to section 3314.07 of the Revised Code;	734

(17) Whether the school is to be created by converting all or	735
part of an existing public school or is to be a new start-up	736
school, and if it is a converted public school, specification of	737
any duties or responsibilities of an employer that the board of	738
education that operated the school before conversion is delegating	739
to the governing board of the community school with respect to all	740
or any specified group of employees provided the delegation is not	741
prohibited by a collective bargaining agreement applicable to such	742
employees;	743

(18) Provisions establishing procedures for resolving	744
disputes or differences of opinion between the sponsor and the	745
governing authority of the community school;	746

(19) A provision requiring the governing authority to adopt a	747
policy regarding the admission of students who reside outside the	748
district in which the school is located. That policy shall comply	749
with the admissions procedures specified in section 3314.06 of the	750
Revised Code and, at the sole discretion of the authority, shall	751
do one of the following:	752

(a) Prohibit the enrollment of students who reside outside	753
the district in which the school is located;	754

(b) Permit the enrollment of students who reside in districts	755
adjacent to the district in which the school is located;	756

(c) Permit the enrollment of students who reside in any other	757
district in the state.	758

(20) A provision recognizing the authority of the department	759
of education to take over the sponsorship of the school in	760
accordance with the provisions of division (C) of section 3314.015	761
of the Revised Code;	762

(21) A provision recognizing the sponsor's authority to	763
assume the operation of a school under the conditions specified in	764
division (B) of section 3314.073 of the Revised Code;	765

(22) A provision recognizing both of the following:

766

(a) The authority of public health and safety officials to	767
inspect the facilities of the school and to order the facilities	768
closed if those officials find that the facilities are not in	769
compliance with health and safety laws and regulations;	770

(b) The authority of the department of education as the	771
community school oversight body to suspend the operation of the	772
school under section 3314.072 of the Revised Code if the	773
department has evidence of conditions or violations of law at the	774
school that pose an imminent danger to the health and safety of	775
the school's students and employees and the sponsor refuses to	776
take such action;	777

(23) A description of the learning opportunities that will be	778
offered to students including both classroom-based and	779
non-classroom-based learning opportunities that is in compliance	780
with criteria for student participation established by the	781
department under division (L)(2) of section 3314.08 of the Revised	782
Code;	783

(24) The school will comply with section 3302.04 of the	784
Revised Code, including division (E) of that section to the extent	785
possible, except that any action required to be taken by a school	786
district pursuant to that section shall be taken by the sponsor of	787
the school. However, the sponsor shall not be required to take any	788
action described in division (F) of that section.	789

(B) The community school shall also submit to the sponsor a	790
comprehensive plan for the school. The plan shall specify the	791
following:	792

(1) The process by which the governing authority of the	793
school will be selected in the future;	794

(2) The management and administration of the school;

795

(3) If the community school is a currently existing public	796
school, alternative arrangements for current public school	797
students who choose not to attend the school and teachers who	798
choose not to teach in the school after conversion;	799

(4) The instructional program and educational philosophy of	800
the school;	801

(5) Internal financial controls.

802

(C) A contract entered into under section 3314.02 of the	803
Revised Code between a sponsor and the governing authority of a	804
community school may provide for the community school governing	805
authority to make payments to the sponsor, which is hereby	806
authorized to receive such payments as set forth in the contract	807
between the governing authority and the sponsor. The total amount	808
of such payments for oversight and monitoring of the school shall	809
not exceed three per cent of the total amount of payments for	810
operating expenses that the school receives from the state.	811

(D) The contract shall specify the duties of the sponsor	812
which shall be in accordance with the written agreement entered	813
into with the department of education under division (B) of	814
section 3314.015 of the Revised Code and shall include the	815
following:	816

(1) Monitor the community school's compliance with all laws	817
applicable to the school and with the terms of the contract;	818

(2) Monitor and evaluate the academic and fiscal performance	819
and the organization and operation of the community school on at	820
least an annual basis;	821

(3) Report on an annual basis the results of the evaluation	822
conducted under division (D)(2) of this section to the department	823
of education and to the parents of students enrolled in the	824
community school;	825

(4) Provide technical assistance to the community school in	826
complying with laws applicable to the school and terms of the	827
contract;	828

(5) Take steps to intervene in the school's operation to	829
correct problems in the school's overall performance, declare the	830
school to be on probationary status pursuant to section 3314.073	831
of the Revised Code, suspend the operation of the school pursuant	832
to section 3314.072 of the Revised Code, or terminate the contract	833
of the school pursuant to section 3314.07 of the Revised Code as	834
determined necessary by the sponsor;	835

(6) Have in place a plan of action to be undertaken in the	836
event the community school experiences financial difficulties or	837
closes prior to the end of a school year.	838

(E) Upon the expiration of a contract entered into under this	839
section, the sponsor of a community school may, with the approval	840
of the governing authority of the school, renew that contract for	841
a period of time determined by the sponsor, but not ending earlier	842
than the end of any school year, if the sponsor finds that the	843
school's compliance with applicable laws and terms of the contract	844
and the school's progress in meeting the academic goals prescribed	845
in the contract have been satisfactory. Any contract that is	846
renewed under this division remains subject to the provisions of	847
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	848

Sec. 3314.141.  A community school, community school	849
governing authority, or community school employee is not liable in	850
damages in a civil action for harm allegedly arising from a	851
community school employee's prohibiting a student from using an	852
inhaler or autoinjector described in section 3313.718 of the	853
Revised Code because of the employee's good faith belief that the	854
conditions of divisions (A)(1) and (2) of that section had not	855
been satisfied. A community school, community school governing	856
authority, or community school employee is not liable in damages	857
in a civil action for harm allegedly arising from a community	858
school employee's permitting a student to use an inhaler or	859
autoinjector described in that section because of the employee's	860
good faith belief that the conditions of divisions (A)(1) and (2)	861
of that section had been satisfied. Furthermore, when a community	862
school is required in accordance with that section to permit a	863
student to possess and use an inhaler or autoinjector because the	864
conditions of divisions (A)(1) and (2) of that section have been	865
satisfied, the community school, any member of the community	866
school governing authority, or any community school employee is	867
not liable in damages in a civil action for injury, death, or loss	868
to person or property allegedly arising from the use of the	869
inhaler or autoinjector by a student for whom it was not	870
prescribed.	871

This section does not eliminate, limit, or reduce any other	872
immunity or defense that a community school, community school	873
governing authority, or community school employee may be entitled	874
to under Chapter 2744. or any other provision of the Revised Code	875
or under the common law of this state.	876

Section 2. That existing sections 3313.64 and 3314.03 of the	877
Revised Code are hereby repealed.	878

Section 3.  Section 3314.03 of the Revised Code is presented	879
in this act as a composite of the section as amended by both Am.	880
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	881
The General Assembly, applying the principle stated in division	882
(B) of section 1.52 of the Revised Code that amendments are to be	883
harmonized if reasonably capable of simultaneous operation, finds	884
that the composite is the resulting version of the section in	885
effect prior to the effective date of the section as presented in	886
this act.	887