As Reported by the Senate Education Committee

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 164

Senators Schuring, Gardner, Stivers, Schuler, Spada, Zurz, Brady, Fedor, Cates, Padgett 

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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

with respect to use of epinephrine medication in

3

school districts, community schools, and chartered

4

nonpublic schools.

5

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

Section 1. That sections 3313.64 and 3314.03 be amended and	6
sections 3313.718 and 3314.141 of the Revised Code be enacted to	7
read as follows:	8

Sec. 3313.64.  (A) As used in this section and in section	9
3313.65 of the Revised Code:	10

(1)(a) Except as provided in division (A)(1)(b) of this	11
section, "parent" means either parent, unless the parents are	12
separated or divorced or their marriage has been dissolved or	13
annulled, in which case "parent" means the parent who is the	14
residential parent and legal custodian of the child. When a child	15
is in the legal custody of a government agency or a person other	16
than the child's natural or adoptive parent, "parent" means the	17
parent with residual parental rights, privileges, and	18
responsibilities. When a child is in the permanent custody of a	19
government agency or a person other than the child's natural or	20
adoptive parent, "parent" means the parent who was divested of	21
parental rights and responsibilities for the care of the child and	22
the right to have the child live with the parent and be the legal	23
custodian of the child and all residual parental rights,	24
privileges, and responsibilities.	25

(b) When a child is the subject of a power of attorney	26
executed under sections 3109.51 to 3109.62 of the Revised Code,	27
"parent" means the grandparent designated as attorney in fact	28
under the power of attorney. When a child is the subject of a	29
caretaker authorization affidavit executed under sections 3109.64	30
to 3109.73 of the Revised Code, "parent" means the grandparent	31
that executed the affidavit.	32

(2) "Legal custody," "permanent custody," and "residual	33
parental rights, privileges, and responsibilities" have the same	34
meanings as in section 2151.011 of the Revised Code.	35

(3) "School district" or "district" means a city, local, or	36
exempted village school district and excludes any school operated	37
in an institution maintained by the department of youth services.	38

(4) Except as used in division (C)(2) of this section, "home"	39
means a home, institution, foster home, group home, or other	40
residential facility in this state that receives and cares for	41
children, to which any of the following applies:	42

(a) The home is licensed, certified, or approved for such	43
purpose by the state or is maintained by the department of youth	44
services.	45

(b) The home is operated by a person who is licensed,	46
certified, or approved by the state to operate the home for such	47
purpose.	48

(c) The home accepted the child through a placement by a	49
person licensed, certified, or approved to place a child in such a	50
home by the state.	51

(d) The home is a children's home created under section	52
5153.21 or 5153.36 of the Revised Code.	53

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

54

(a) A public children services agency;

55

(b) An organization that holds a certificate issued by the	56
Ohio department of job and family services in accordance with the	57
requirements of section 5103.03 of the Revised Code and assumes	58
temporary or permanent custody of children through commitment,	59
agreement, or surrender, and places children in family homes for	60
the purpose of adoption;	61

(c) Comparable agencies of other states or countries that	62
have complied with applicable requirements of section 2151.39, or	63
sections 5103.20 to 5103.28 of the Revised Code.	64

(6) A child is placed for adoption if either of the following	65
occurs:	66

(a) An agency to which the child has been permanently	67
committed or surrendered enters into an agreement with a person	68
pursuant to section 5103.16 of the Revised Code for the care and	69
adoption of the child.	70

(b) The child's natural parent places the child pursuant to	71
section 5103.16 of the Revised Code with a person who will care	72
for and adopt the child.	73

(7) "Handicapped preschool child" means a handicapped child,	74
as defined by division (A) of section 3323.01 of the Revised Code,	75
who is at least three years of age but is not of compulsory school	76
age, as defined in section 3321.01 of the Revised Code, and who is	77
not currently enrolled in kindergarten.	78

(8) "Child," unless otherwise indicated, includes handicapped	79
preschool children.	80

(9) "Active duty" means active duty pursuant to an executive	81
order of the president of the United States, an act of the	82
congress of the United States, or section 5919.29 or 5923.21 of	83
the Revised Code.	84

(B) Except as otherwise provided in section 3321.01 of the	85
Revised Code for admittance to kindergarten and first grade, a	86
child who is at least five but under twenty-two years of age and	87
any handicapped preschool child shall be admitted to school as	88
provided in this division.	89

(1) A child shall be admitted to the schools of the school	90
district in which the child's parent resides.	91

(2) A child who does not reside in the district where the	92
child's parent resides shall be admitted to the schools of the	93
district in which the child resides if any of the following	94
applies:	95

(a) The child is in the legal or permanent custody of a	96
government agency or a person other than the child's natural or	97
adoptive parent.	98

(b) The child resides in a home.

99

(c) The child requires special education.

100

(3) A child who is not entitled under division (B)(2) of this	101
section to be admitted to the schools of the district where the	102
child resides and who is residing with a resident of this state	103
with whom the child has been placed for adoption shall be admitted	104
to the schools of the district where the child resides unless	105
either of the following applies:	106

(a) The placement for adoption has been terminated.

107

(b) Another school district is required to admit the child	108
under division (B)(1) of this section.	109

Division (B) of this section does not prohibit the board of	110
education of a school district from placing a handicapped child	111
who resides in the district in a special education program outside	112
of the district or its schools in compliance with Chapter 3323. of	113
the Revised Code.	114

(C) A district shall not charge tuition for children admitted	115
under division (B)(1) or (3) of this section. If the district	116
admits a child under division (B)(2) of this section, tuition	117
shall be paid to the district that admits the child as follows:	118

(1) If the child receives special education in accordance	119
with Chapter 3323. of the Revised Code, tuition shall be paid in	120
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	121
the Revised Code regardless of who has custody of the child or	122
whether the child resides in a home.	123

(2) Except as otherwise provided in division (C)(2)(d) of	124
this section, if the child is in the permanent or legal custody of	125
a government agency or person other than the child's parent,	126
tuition shall be paid by:	127

(a) The district in which the child's parent resided at the	128
time the court removed the child from home or at the time the	129
court vested legal or permanent custody of the child in the person	130
or government agency, whichever occurred first;	131

(b) If the parent's residence at the time the court removed	132
the child from home or placed the child in the legal or permanent	133
custody of the person or government agency is unknown, tuition	134
shall be paid by the district in which the child resided at the	135
time the child was removed from home or placed in legal or	136
permanent custody, whichever occurred first;	137

(c) If a school district cannot be established under division	138
(C)(2)(a) or (b) of this section, tuition shall be paid by the	139
district determined as required by section 2151.357 of the Revised	140
Code by the court at the time it vests custody of the child in the	141
person or government agency;	142

(d) If at the time the court removed the child from home or	143
vested legal or permanent custody of the child in the person or	144
government agency, whichever occurred first, one parent was in a	145
residential or correctional facility or a juvenile residential	146
placement and the other parent, if living and not in such a	147
facility or placement, was not known to reside in this state,	148
tuition shall be paid by the district determined under division	149
(D) of section 3313.65 of the Revised Code as the district	150
required to pay any tuition while the parent was in such facility	151
or placement.	152

(3) If the child is not in the permanent or legal custody of	153
a government agency or person other than the child's parent and	154
the child resides in a home, tuition shall be paid by one of the	155
following:	156

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

157

(b) If the child's parent is not a resident of this state,	158
the home in which the child resides.	159

(D) Tuition required to be paid under divisions (C)(2) and	160
(3)(a) of this section shall be computed in accordance with	161
section 3317.08 of the Revised Code. Tuition required to be paid	162
under division (C)(3)(b) of this section shall be computed in	163
accordance with section 3317.081 of the Revised Code. If a home	164
fails to pay the tuition required by division (C)(3)(b) of this	165
section, the board of education providing the education may	166
recover in a civil action the tuition and the expenses incurred in	167
prosecuting the action, including court costs and reasonable	168
attorney's fees. If the prosecuting attorney or city director of	169
law represents the board in such action, costs and reasonable	170
attorney's fees awarded by the court, based upon the prosecuting	171
attorney's, director's, or one of their designee's time spent	172
preparing and presenting the case, shall be deposited in the	173
county or city general fund.	174

(E) A board of education may enroll a child free of any	175
tuition obligation for a period not to exceed sixty days, on the	176
sworn statement of an adult resident of the district that the	177
resident has initiated legal proceedings for custody of the child.	178

(F) In the case of any individual entitled to attend school	179
under this division, no tuition shall be charged by the school	180
district of attendance and no other school district shall be	181
required to pay tuition for the individual's attendance.	182
Notwithstanding division (B), (C), or (E) of this section:	183

(1) All persons at least eighteen but under twenty-two years	184
of age who live apart from their parents, support themselves by	185
their own labor, and have not successfully completed the high	186
school curriculum or the individualized education program	187
developed for the person by the high school pursuant to section	188
3323.08 of the Revised Code, are entitled to attend school in the	189
district in which they reside.	190

(2) Any child under eighteen years of age who is married is	191
entitled to attend school in the child's district of residence.	192

(3) A child is entitled to attend school in the district in	193
which either of the child's parents is employed if the child has a	194
medical condition that may require emergency medical attention.	195
The parent of a child entitled to attend school under division	196
(F)(3) of this section shall submit to the board of education of	197
the district in which the parent is employed a statement from the	198
child's physician certifying that the child's medical condition	199
may require emergency medical attention. The statement shall be	200
supported by such other evidence as the board may require.	201

(4) Any child residing with a person other than the child's	202
parent is entitled, for a period not to exceed twelve months, to	203
attend school in the district in which that person resides if the	204
child's parent files an affidavit with the superintendent of the	205
district in which the person with whom the child is living resides	206
stating all of the following:	207

(a) That the parent is serving outside of the state in the	208
armed services of the United States;	209

(b) That the parent intends to reside in the district upon	210
returning to this state;	211

(c) The name and address of the person with whom the child is	212
living while the parent is outside the state.	213

(5) Any child under the age of twenty-two years who, after	214
the death of a parent, resides in a school district other than the	215
district in which the child attended school at the time of the	216
parent's death is entitled to continue to attend school in the	217
district in which the child attended school at the time of the	218
parent's death for the remainder of the school year, subject to	219
approval of that district board.	220

(6) A child under the age of twenty-two years who resides	221
with a parent who is having a new house built in a school district	222
outside the district where the parent is residing is entitled to	223
attend school for a period of time in the district where the new	224
house is being built. In order to be entitled to such attendance,	225
the parent shall provide the district superintendent with the	226
following:	227

(a) A sworn statement explaining the situation, revealing the	228
location of the house being built, and stating the parent's	229
intention to reside there upon its completion;	230

(b) A statement from the builder confirming that a new house	231
is being built for the parent and that the house is at the	232
location indicated in the parent's statement.	233

(7) A child under the age of twenty-two years residing with a	234
parent who has a contract to purchase a house in a school district	235
outside the district where the parent is residing and who is	236
waiting upon the date of closing of the mortgage loan for the	237
purchase of such house is entitled to attend school for a period	238
of time in the district where the house is being purchased. In	239
order to be entitled to such attendance, the parent shall provide	240
the district superintendent with the following:	241

(a) A sworn statement explaining the situation, revealing the	242
location of the house being purchased, and stating the parent's	243
intent to reside there;	244

(b) A statement from a real estate broker or bank officer	245
confirming that the parent has a contract to purchase the house,	246
that the parent is waiting upon the date of closing of the	247
mortgage loan, and that the house is at the location indicated in	248
the parent's statement.	249

The district superintendent shall establish a period of time	250
not to exceed ninety days during which the child entitled to	251
attend school under division (F)(6) or (7) of this section may	252
attend without tuition obligation. A student attending a school	253
under division (F)(6) or (7) of this section shall be eligible to	254
participate in interscholastic athletics under the auspices of	255
that school, provided the board of education of the school	256
district where the student's parent resides, by a formal action,	257
releases the student to participate in interscholastic athletics	258
at the school where the student is attending, and provided the	259
student receives any authorization required by a public agency or	260
private organization of which the school district is a member	261
exercising authority over interscholastic sports.	262

(8) A child whose parent is a full-time employee of a city,	263
local, or exempted village school district, or of an educational	264
service center, may be admitted to the schools of the district	265
where the child's parent is employed, or in the case of a child	266
whose parent is employed by an educational service center, in the	267
district that serves the location where the parent's job is	268
primarily located, provided the district board of education	269
establishes such an admission policy by resolution adopted by a	270
majority of its members. Any such policy shall take effect on the	271
first day of the school year and the effective date of any	272
amendment or repeal may not be prior to the first day of the	273
subsequent school year. The policy shall be uniformly applied to	274
all such children and shall provide for the admission of any such	275
child upon request of the parent. No child may be admitted under	276
this policy after the first day of classes of any school year.	277

(9) A child who is with the child's parent under the care of	278
a shelter for victims of domestic violence, as defined in section	279
3113.33 of the Revised Code, is entitled to attend school free in	280
the district in which the child is with the child's parent, and no	281
other school district shall be required to pay tuition for the	282
child's attendance in that school district.	283

The enrollment of a child in a school district under this	284
division shall not be denied due to a delay in the school	285
district's receipt of any records required under section 3313.672	286
of the Revised Code or any other records required for enrollment.	287
Any days of attendance and any credits earned by a child while	288
enrolled in a school district under this division shall be	289
transferred to and accepted by any school district in which the	290
child subsequently enrolls. The state board of education shall	291
adopt rules to ensure compliance with this division.	292

(10) Any child under the age of twenty-two years whose parent	293
has moved out of the school district after the commencement of	294
classes in the child's senior year of high school is entitled,	295
subject to the approval of that district board, to attend school	296
in the district in which the child attended school at the time of	297
the parental move for the remainder of the school year and for one	298
additional semester or equivalent term. A district board may also	299
adopt a policy specifying extenuating circumstances under which a	300
student may continue to attend school under division (F)(10) of	301
this section for an additional period of time in order to	302
successfully complete the high school curriculum for the	303
individualized education program developed for the student by the	304
high school pursuant to section 3323.08 of the Revised Code.	305

(11) As used in this division, "grandparent" means a parent	306
of a parent of a child. A child under the age of twenty-two years	307
who is in the custody of the child's parent, resides with a	308
grandparent, and does not require special education is entitled to	309
attend the schools of the district in which the child's	310
grandparent resides, provided that, prior to such attendance in	311
any school year, the board of education of the school district in	312
which the child's grandparent resides and the board of education	313
of the school district in which the child's parent resides enter	314
into a written agreement specifying that good cause exists for	315
such attendance, describing the nature of this good cause, and	316
consenting to such attendance.	317

In lieu of a consent form signed by a parent, a board of	318
education may request the grandparent of a child attending school	319
in the district in which the grandparent resides pursuant to	320
division (F)(11) of this section to complete any consent form	321
required by the district, including any authorization required by	322
sections 3313.712, 3313.713, and 3313.716, and 3313.718 of the	323
Revised Code. Upon request, the grandparent shall complete any	324
consent form required by the district. A school district shall not	325
incur any liability solely because of its receipt of a consent	326
form from a grandparent in lieu of a parent.	327

Division (F)(11) of this section does not create, and shall	328
not be construed as creating, a new cause of action or substantive	329
legal right against a school district, a member of a board of	330
education, or an employee of a school district. This section does	331
not affect, and shall not be construed as affecting, any	332
immunities from defenses to tort liability created or recognized	333
by Chapter 2744. of the Revised Code for a school district,	334
member, or employee.	335

(12) A child under the age of twenty-two years is entitled to	336
attend school in a school district other than the district in	337
which the child is entitled to attend school under division (B),	338
(C), or (E) of this section provided that, prior to such	339
attendance in any school year, both of the following occur:	340

(a) The superintendent of the district in which the child is	341
entitled to attend school under division (B), (C), or (E) of this	342
section contacts the superintendent of another district for	343
purposes of this division;	344

(b) The superintendents of both districts enter into a	345
written agreement that consents to the attendance and specifies	346
that the purpose of such attendance is to protect the student's	347
physical or mental well-being or to deal with other extenuating	348
circumstances deemed appropriate by the superintendents.	349

While an agreement is in effect under this division for a	350
student who is not receiving special education under Chapter 3323.	351
of the Revised Code and notwithstanding Chapter 3327. of the	352
Revised Code, the board of education of neither school district	353
involved in the agreement is required to provide transportation	354
for the student to and from the school where the student attends.	355

A student attending a school of a district pursuant to this	356
division shall be allowed to participate in all student	357
activities, including interscholastic athletics, at the school	358
where the student is attending on the same basis as any student	359
who has always attended the schools of that district while of	360
compulsory school age.	361

(13) All school districts shall comply with the	362
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	363
seq., for the education of homeless children. Each city, local,	364
and exempted village school district shall comply with the	365
requirements of that act governing the provision of a free,	366
appropriate public education, including public preschool, to each	367
homeless child.	368

When a child loses permanent housing and becomes a homeless	369
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	370
such a homeless person changes temporary living arrangements, the	371
child's parent or guardian shall have the option of enrolling the	372
child in either of the following:	373

(a) The child's school of origin, as defined in 42 U.S.C.A.	374
11432(g)(3)(C);	375

(b) The school that is operated by the school district in	376
which the shelter where the child currently resides is located and	377
that serves the geographic area in which the shelter is located.	378

(14) A child under the age of twenty-two years who resides	379
with a person other than the child's parent is entitled to attend	380
school in the school district in which that person resides if both	381
of the following apply:	382

(a) That person has been appointed, through a military power	383
of attorney executed under section 574(a) of the "National Defense	384
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	385
U.S.C. 1044b, or through a comparable document necessary to	386
complete a family care plan, as the parent's agent for the care,	387
custody, and control of the child while the parent is on active	388
duty as a member of the national guard or a reserve unit of the	389
armed forces of the United States or because the parent is a	390
member of the armed forces of the United States and is on a duty	391
assignment away from the parent's residence.	392

(b) The military power of attorney or comparable document	393
includes at least the authority to enroll the child in school.	394

The entitlement to attend school in the district in which the	395
parent's agent under the military power of attorney or comparable	396
document resides applies until the end of the school year in which	397
the military power of attorney or comparable document expires.	398

(G) A board of education, after approving admission, may	399
waive tuition for students who will temporarily reside in the	400
district and who are either of the following:	401

(1) Residents or domiciliaries of a foreign nation who	402
request admission as foreign exchange students;	403

(2) Residents or domiciliaries of the United States but not	404
of Ohio who request admission as participants in an exchange	405
program operated by a student exchange organization.	406

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	407
3327.04, and 3327.06 of the Revised Code, a child may attend	408
school or participate in a special education program in a school	409
district other than in the district where the child is entitled to	410
attend school under division (B) of this section.	411

(I)(1) Notwithstanding anything to the contrary in this	412
section or section 3313.65 of the Revised Code, a child under	413
twenty-two years of age may attend school in the school district	414
in which the child, at the end of the first full week of October	415
of the school year, was entitled to attend school as otherwise	416
provided under this section or section 3313.65 of the Revised	417
Code, if at that time the child was enrolled in the schools of the	418
district but since that time the child or the child's parent has	419
relocated to a new address located outside of that school district	420
and within the same county as the child's or parent's address	421
immediately prior to the relocation. The child may continue to	422
attend school in the district, and at the school to which the	423
child was assigned at the end of the first full week of October of	424
the current school year, for the balance of the school year.	425
Division (I)(1) of this section applies only if both of the	426
following conditions are satisfied:	427

(a) The board of education of the school district in which	428
the child was entitled to attend school at the end of the first	429
full week in October and of the district to which the child or	430
child's parent has relocated each has adopted a policy to enroll	431
children described in division (I)(1) of this section.	432

(b) The child's parent provides written notification of the	433
relocation outside of the school district to the superintendent of	434
each of the two school districts.	435

(2) At the beginning of the school year following the school	436
year in which the child or the child's parent relocated outside of	437
the school district as described in division (I)(1) of this	438
section, the child is not entitled to attend school in the school	439
district under that division.	440

(3) Any person or entity owing tuition to the school district	441
on behalf of the child at the end of the first full week in	442
October, as provided in division (C) of this section, shall	443
continue to owe such tuition to the district for the child's	444
attendance under division (I)(1) of this section for the lesser of	445
the balance of the school year or the balance of the time that the	446
child attends school in the district under division (I)(1) of this	447
section.	448

(4) A pupil who may attend school in the district under	449
division (I)(1) of this section shall be entitled to	450
transportation services pursuant to an agreement between the	451
district and the district in which the child or child's parent has	452
relocated unless the districts have not entered into such	453
agreement, in which case the child shall be entitled to	454
transportation services in the same manner as a pupil attending	455
school in the district under interdistrict open enrollment as	456
described in division (H) of section 3313.981 of the Revised Code,	457
regardless of whether the district has adopted an open enrollment	458
policy as described in division (B)(1)(b) or (c) of section	459
3313.98 of the Revised Code.	460

(J) This division does not apply to a child receiving special	461
education.	462

A school district required to pay tuition pursuant to	463
division (C)(2) or (3) of this section or section 3313.65 of the	464
Revised Code shall have an amount deducted under division (F) of	465
section 3317.023 of the Revised Code equal to its own tuition rate	466
for the same period of attendance. A school district entitled to	467
receive tuition pursuant to division (C)(2) or (3) of this section	468
or section 3313.65 of the Revised Code shall have an amount	469
credited under division (F) of section 3317.023 of the Revised	470
Code equal to its own tuition rate for the same period of	471
attendance. If the tuition rate credited to the district of	472
attendance exceeds the rate deducted from the district required to	473
pay tuition, the department of education shall pay the district of	474
attendance the difference from amounts deducted from all	475
districts' payments under division (F) of section 3317.023 of the	476
Revised Code but not credited to other school districts under such	477
division and from appropriations made for such purpose. The	478
treasurer of each school district shall, by the fifteenth day of	479
January and July, furnish the superintendent of public instruction	480
a report of the names of each child who attended the district's	481
schools under divisions (C)(2) and (3) of this section or section	482
3313.65 of the Revised Code during the preceding six calendar	483
months, the duration of the attendance of those children, the	484
school district responsible for tuition on behalf of the child,	485
and any other information that the superintendent requires.	486

Upon receipt of the report the superintendent, pursuant to	487
division (F) of section 3317.023 of the Revised Code, shall deduct	488
each district's tuition obligations under divisions (C)(2) and (3)	489
of this section or section 3313.65 of the Revised Code and pay to	490
the district of attendance that amount plus any amount required to	491
be paid by the state.	492

(K) In the event of a disagreement, the superintendent of	493
public instruction shall determine the school district in which	494
the parent resides.	495

(L) Nothing in this section requires or authorizes, or shall	496
be construed to require or authorize, the admission to a public	497
school in this state of a pupil who has been permanently excluded	498
from public school attendance by the superintendent of public	499
instruction pursuant to sections 3301.121 and 3313.662 of the	500
Revised Code.	501

(M) In accordance with division (B)(1) of this section, a	502
child whose parent is a member of the national guard or a reserve	503
unit of the armed forces of the United States and is called to	504
active duty, or a child whose parent is a member of the armed	505
forces of the United States and is ordered to a temporary duty	506
assignment outside of the district, may continue to attend school	507
in the district in which the child's parent lived before being	508
called to active duty or ordered to a temporary duty assignment	509
outside of the district, as long as the child's parent continues	510
to be a resident of that district, and regardless of where the	511
child lives as a result of the parent's active duty status or	512
temporary duty assignment. However, the district is not	513
responsible for providing transportation for the child if the	514
child lives outside of the district as a result of the parent's	515
active duty status or temporary duty assignment.	516

Sec. 3313.718.  (A) As used in this section, "prescriber" has	517
the same meaning as in section 4729.01 of the Revised Code.	518

(B) Notwithstanding section 3313.713 of the Revised Code or	519
any policy adopted under that section, a student of a school	520
operated by a city, local, exempted village, or joint vocational	521
school district or a student of a chartered nonpublic school may	522
possess and use an epinephrine autoinjector to treat anaphylaxis,	523
if all of the following conditions are satisfied:	524

(1) The student has the written approval of the prescriber of	525
the autoinjector and, if the student is a minor, the written	526
approval of the parent, guardian, or other person having care or	527
charge of the student. The prescriber's written approval shall	528
include at least all of the following information:	529

(a) The student's name and address;

530

(b) The names and dose of the medication contained in the	531
autoinjector;	532

(c) The date the administration of the medication is to	533
begin;	534

(d) The date, if known, that the administration of the	535
medication is to cease;	536

(e) Acknowledgment that the prescriber has determined that	537
the student is capable of possessing and using the autoinjector	538
appropriately and has provided the student with training in the	539
proper use of the autoinjector;	540

(f) Circumstances in which the autoinjector should be used;

541

(g) Written instructions that outline procedures school	542
employees should follow in the event that the student is unable to	543
administer the anaphylaxis medication or the medication does not	544
produce the expected relief from the student's anaphylaxis;	545

(h) Any severe adverse reactions that may occur to the child	546
using the autoinjector that should be reported to the prescriber;	547

(i) Any severe adverse reactions that may occur to another	548
child, for whom the autoinjector is not prescribed, should such a	549
child receive a dose of the medication;	550

(j) At least one emergency telephone number for contacting	551
the prescriber in an emergency;	552

(k) At least one emergency telephone number for contacting	553
the parent, guardian, or other person having care or charge of the	554
student in an emergency;	555

(l) Any other special instructions from the prescriber.

556

(2) The school principal and, if a school nurse is assigned	557
to the student's school building, the school nurse has received	558
copies of the written approvals required by division (B)(1) of	559
this section.	560

(3) The school principal or, if a school nurse is assigned to	561
the student's school building, the school nurse has received a	562
backup dose of the anaphylaxis medication from the parent,	563
guardian, or other person having care or charge of the student or,	564
if the student is not a minor, from the student.	565

If these conditions are satisfied, the student may possess	566
and use the autoinjector at school or at any activity, event, or	567
program sponsored by or in which the student's school is a	568
participant.	569

(C) Whenever a student uses an autoinjector at school or at	570
any activity, event, or program sponsored by or in which the	571
student's school is a participant or whenever a school employee	572
administers anaphylaxis medication to a student at such times, a	573
school employee shall immediately request assistance from an	574
emergency medical service provider.	575

(D)(1) A school district, member of a school district board	576
of education, or school district employee is not liable in damages	577
in a civil action for injury, death, or loss to person or property	578
allegedly arising from a district employee's prohibiting a student	579
from using an autoinjector because of the employee's good faith	580
belief that the conditions of division (B) of this section had not	581
been satisfied. A school district, member of a school district	582
board of education, or school district employee is not liable in	583
damages in a civil action for injury, death, or loss to person or	584
property allegedly arising from a district employee's permitting a	585
student to use an autoinjector because of the employee's good	586
faith belief that the conditions of division (B) of this section	587
had been satisfied. Furthermore, when a school district is	588
required by this section to permit a student to possess and use an	589
autoinjector because the conditions of division (B) of this	590
section have been satisfied, the school district, any member of	591
the school district board of education, or any school district	592
employee is not liable in damages in a civil action for injury,	593
death, or loss to person or property allegedly arising from the	594
use of the autoinjector by a student for whom it was not	595
prescribed.	596

This section does not eliminate, limit, or reduce any other	597
immunity or defense that a school district, member of a school	598
district board of education, or school district employee may be	599
entitled to under Chapter 2744. or any other provision of the	600
Revised Code or under the common law of this state.	601

(2) A chartered nonpublic school or any officer, director, or	602
employee of the school is not liable in damages in a civil action	603
for injury, death, or loss to person or property allegedly arising	604
from a school employee's prohibiting a student from using an	605
autoinjector because of the employee's good faith belief that the	606
conditions of division (B) of this section had not been satisfied.	607
A chartered nonpublic school or any officer, director, or employee	608
of the school is not liable in damages in a civil action for	609
injury, death, or loss to person or property allegedly arising	610
from a school employee's permitting a student to use an	611
autoinjector because of the employee's good faith belief that the	612
conditions of division (B) of this section had been satisfied.	613
Furthermore, when a chartered nonpublic school is required by this	614
section to permit a student to possess and use an autoinjector	615
because the conditions of division (B) of this section have been	616
satisfied, the chartered nonpublic school or any officer,	617
director, or employee of the school is not liable in damages in a	618
civil action for injury, death, or loss to person or property	619
allegedly arising from the use of the autoinjector by a student	620
for whom it was not prescribed.	621

Sec. 3314.03.  A copy of every contract entered into under	622
this section shall be filed with the superintendent of public	623
instruction.	624

(A) Each contract entered into between a sponsor and the	625
governing authority of a community school shall specify the	626
following:	627

(1) That the school shall be established as either of the	628
following:	629

(a) A nonprofit corporation established under Chapter 1702.	630
of the Revised Code, if established prior to April 8, 2003;	631

(b) A public benefit corporation established under Chapter	632
1702. of the Revised Code, if established after April 8, 2003;	633

(2) The education program of the school, including the	634
school's mission, the characteristics of the students the school	635
is expected to attract, the ages and grades of students, and the	636
focus of the curriculum;	637

(3) The academic goals to be achieved and the method of	638
measurement that will be used to determine progress toward those	639
goals, which shall include the statewide achievement tests;	640

(4) Performance standards by which the success of the school	641
will be evaluated by the sponsor. If the sponsor will evaluate the	642
school in accordance with division (D) of section 3314.36 of the	643
Revised Code, the contract shall specify the number of school	644
years that the school will be evaluated under that division.	645

(5) The admission standards of section 3314.06 of the Revised	646
Code and, if applicable, section 3314.061 of the Revised Code;	647

(6)(a) Dismissal procedures;

648

(b) A requirement that the governing authority adopt an	649
attendance policy that includes a procedure for automatically	650
withdrawing a student from the school if the student without a	651
legitimate excuse fails to participate in one hundred five	652
consecutive hours of the learning opportunities offered to the	653
student.	654

(7) The ways by which the school will achieve racial and	655
ethnic balance reflective of the community it serves;	656

(8) Requirements for financial audits by the auditor of	657
state. The contract shall require financial records of the school	658
to be maintained in the same manner as are financial records of	659
school districts, pursuant to rules of the auditor of state, and	660
the audits shall be conducted in accordance with section 117.10 of	661
the Revised Code.	662

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

663

(10) Qualifications of teachers, including a requirement that	664
the school's classroom teachers be licensed in accordance with	665
sections 3319.22 to 3319.31 of the Revised Code, except that a	666
community school may engage noncertificated persons to teach up to	667
twelve hours per week pursuant to section 3319.301 of the Revised	668
Code;	669

(11) That the school will comply with the following	670
requirements:	671

(a) The school will provide learning opportunities to a	672
minimum of twenty-five students for a minimum of nine hundred	673
twenty hours per school year;	674

(b) The governing authority will purchase liability	675
insurance, or otherwise provide for the potential liability of the	676
school;	677

(c) The school will be nonsectarian in its programs,	678
admission policies, employment practices, and all other	679
operations, and will not be operated by a sectarian school or	680
religious institution;	681

(d) The school will comply with sections 9.90, 9.91, 109.65,	682
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	683
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	684
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	685
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	686
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	687
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	688
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	689
4123., 4141., and 4167. of the Revised Code as if it were a school	690
district and will comply with section 3301.0714 of the Revised	691
Code in the manner specified in section 3314.17 of the Revised	692
Code;	693

(e) The school shall comply with Chapter 102. of the Revised	694
Code except that nothing in that chapter shall prohibit a member	695
of the school's governing board from also being an employee of the	696
school and nothing in that chapter or section 2921.42 of the	697
Revised Code shall prohibit a member of the school's governing	698
board from having an interest in a contract into which the	699
governing board enters that is not a contract with a for-profit	700
firm for the operation or management of a school under the	701
auspices of the governing authority;	702

(f) The school will comply with sections 3313.61, 3313.611,	703
and 3313.614 of the Revised Code, except that the requirement in	704
sections 3313.61 and 3313.611 of the Revised Code that a person	705
must successfully complete the curriculum in any high school prior	706
to receiving a high school diploma may be met by completing the	707
curriculum adopted by the governing authority of the community	708
school rather than the curriculum specified in Title XXXIII of the	709
Revised Code or any rules of the state board of education;	710

(g) The school governing authority will submit within four	711
months after the end of each school year a report of its	712
activities and progress in meeting the goals and standards of	713
divisions (A)(3) and (4) of this section and its financial status	714
to the sponsor, the parents of all students enrolled in the	715
school, and the legislative office of education oversight. The	716
school will collect and provide any data that the legislative	717
office of education oversight requests in furtherance of any study	718
or research that the general assembly requires the office to	719
conduct, including the studies required under Section 50.39 of Am.	720
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	721
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	722

(12) Arrangements for providing health and other benefits to	723
employees;	724

(13) The length of the contract, which shall begin at the	725
beginning of an academic year. No contract shall exceed five years	726
unless such contract has been renewed pursuant to division (E) of	727
this section.	728

(14) The governing authority of the school, which shall be	729
responsible for carrying out the provisions of the contract;	730

(15) A financial plan detailing an estimated school budget	731
for each year of the period of the contract and specifying the	732
total estimated per pupil expenditure amount for each such year.	733
The plan shall specify for each year the base formula amount that	734
will be used for purposes of funding calculations under section	735
3314.08 of the Revised Code. This base formula amount for any year	736
shall not exceed the formula amount defined under section 3317.02	737
of the Revised Code. The plan may also specify for any year a	738
percentage figure to be used for reducing the per pupil amount of	739
the subsidy calculated pursuant to section 3317.029 of the Revised	740
Code the school is to receive that year under section 3314.08 of	741
the Revised Code.	742

(16) Requirements and procedures regarding the disposition of	743
employees of the school in the event the contract is terminated or	744
not renewed pursuant to section 3314.07 of the Revised Code;	745

(17) Whether the school is to be created by converting all or	746
part of an existing public school or is to be a new start-up	747
school, and if it is a converted public school, specification of	748
any duties or responsibilities of an employer that the board of	749
education that operated the school before conversion is delegating	750
to the governing board of the community school with respect to all	751
or any specified group of employees provided the delegation is not	752
prohibited by a collective bargaining agreement applicable to such	753
employees;	754

(18) Provisions establishing procedures for resolving	755
disputes or differences of opinion between the sponsor and the	756
governing authority of the community school;	757

(19) A provision requiring the governing authority to adopt a	758
policy regarding the admission of students who reside outside the	759
district in which the school is located. That policy shall comply	760
with the admissions procedures specified in sections 3314.06 and	761
3314.061 of the Revised Code and, at the sole discretion of the	762
authority, shall do one of the following:	763

(a) Prohibit the enrollment of students who reside outside	764
the district in which the school is located;	765

(b) Permit the enrollment of students who reside in districts	766
adjacent to the district in which the school is located;	767

(c) Permit the enrollment of students who reside in any other	768
district in the state.	769

(20) A provision recognizing the authority of the department	770
of education to take over the sponsorship of the school in	771
accordance with the provisions of division (C) of section 3314.015	772
of the Revised Code;	773

(21) A provision recognizing the sponsor's authority to	774
assume the operation of a school under the conditions specified in	775
division (B) of section 3314.073 of the Revised Code;	776

(22) A provision recognizing both of the following:

777

(a) The authority of public health and safety officials to	778
inspect the facilities of the school and to order the facilities	779
closed if those officials find that the facilities are not in	780
compliance with health and safety laws and regulations;	781

(b) The authority of the department of education as the	782
community school oversight body to suspend the operation of the	783
school under section 3314.072 of the Revised Code if the	784
department has evidence of conditions or violations of law at the	785
school that pose an imminent danger to the health and safety of	786
the school's students and employees and the sponsor refuses to	787
take such action;	788

(23) A description of the learning opportunities that will be	789
offered to students including both classroom-based and	790
non-classroom-based learning opportunities that is in compliance	791
with criteria for student participation established by the	792
department under division (L)(2) of section 3314.08 of the Revised	793
Code;	794

(24) The school will comply with section 3302.04 of the	795
Revised Code, including division (E) of that section to the extent	796
possible, except that any action required to be taken by a school	797
district pursuant to that section shall be taken by the sponsor of	798
the school. However, the sponsor shall not be required to take any	799
action described in division (F) of that section.	800

(25) Beginning in the 2006-2007 school year, the school will	801
open for operation not later than the thirtieth day of September	802
each school year, unless the mission of the school as specified	803
under division (A)(2) of this section is solely to serve dropouts.	804
In its initial year of operation, if the school fails to open by	805
the thirtieth day of September, or within one year after the	806
adoption of the contract pursuant to division (D) of section	807
3314.02 of the Revised Code if the mission of the school is solely	808
to serve dropouts, the contract shall be void.	809

(B) The community school shall also submit to the sponsor a	810
comprehensive plan for the school. The plan shall specify the	811
following:	812

(1) The process by which the governing authority of the	813
school will be selected in the future;	814

(2) The management and administration of the school;

815

(3) If the community school is a currently existing public	816
school, alternative arrangements for current public school	817
students who choose not to attend the school and teachers who	818
choose not to teach in the school after conversion;	819

(4) The instructional program and educational philosophy of	820
the school;	821

(5) Internal financial controls.

822

(C) A contract entered into under section 3314.02 of the	823
Revised Code between a sponsor and the governing authority of a	824
community school may provide for the community school governing	825
authority to make payments to the sponsor, which is hereby	826
authorized to receive such payments as set forth in the contract	827
between the governing authority and the sponsor. The total amount	828
of such payments for oversight and monitoring of the school shall	829
not exceed three per cent of the total amount of payments for	830
operating expenses that the school receives from the state.	831

(D) The contract shall specify the duties of the sponsor	832
which shall be in accordance with the written agreement entered	833
into with the department of education under division (B) of	834
section 3314.015 of the Revised Code and shall include the	835
following:	836

(1) Monitor the community school's compliance with all laws	837
applicable to the school and with the terms of the contract;	838

(2) Monitor and evaluate the academic and fiscal performance	839
and the organization and operation of the community school on at	840
least an annual basis;	841

(3) Report on an annual basis the results of the evaluation	842
conducted under division (D)(2) of this section to the department	843
of education and to the parents of students enrolled in the	844
community school;	845

(4) Provide technical assistance to the community school in	846
complying with laws applicable to the school and terms of the	847
contract;	848

(5) Take steps to intervene in the school's operation to	849
correct problems in the school's overall performance, declare the	850
school to be on probationary status pursuant to section 3314.073	851
of the Revised Code, suspend the operation of the school pursuant	852
to section 3314.072 of the Revised Code, or terminate the contract	853
of the school pursuant to section 3314.07 of the Revised Code as	854
determined necessary by the sponsor;	855

(6) Have in place a plan of action to be undertaken in the	856
event the community school experiences financial difficulties or	857
closes prior to the end of a school year.	858

(E) Upon the expiration of a contract entered into under this	859
section, the sponsor of a community school may, with the approval	860
of the governing authority of the school, renew that contract for	861
a period of time determined by the sponsor, but not ending earlier	862
than the end of any school year, if the sponsor finds that the	863
school's compliance with applicable laws and terms of the contract	864
and the school's progress in meeting the academic goals prescribed	865
in the contract have been satisfactory. Any contract that is	866
renewed under this division remains subject to the provisions of	867
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	868

(F) If a community school fails to open for operation within	869
one year after the contract entered into under this section is	870
adopted pursuant to division (D) of section 3314.02 of the Revised	871
Code or permanently closes prior to the expiration of the	872
contract, the contract shall be void and the school shall not	873
enter into a contract with any other sponsor. A school shall not	874
be considered permanently closed because the operations of the	875
school have been suspended pursuant to section 3314.072 of the	876
Revised Code. Any contract that becomes void under this division	877
shall not count toward any statewide limit on the number of such	878
contracts prescribed by section 3314.013 of the Revised Code.	879

Sec. 3314.141.  A community school, community school	880
governing authority, or community school employee is not liable in	881
damages in a civil action for harm allegedly arising from a	882
community school employee's prohibiting a student from using an	883
autoinjector described in section 3313.718 of the Revised Code	884
because of the employee's good faith belief that the conditions of	885
division (B) of that section had not been satisfied. A community	886
school, community school governing authority, or community school	887
employee is not liable in damages in a civil action for harm	888
allegedly arising from a community school employee's permitting a	889
student to use an autoinjector described in that section because	890
of the employee's good faith belief that the conditions of	891
division (B) of that section had been satisfied. Furthermore, when	892
a community school is required in accordance with that section to	893
permit a student to possess and use an autoinjector because the	894
conditions of division (B) of that section have been satisfied,	895
the community school, any member of the community school governing	896
authority, or any community school employee is not liable in	897
damages in a civil action for injury, death, or loss to person or	898
property allegedly arising from the use of the autoinjector by a	899
student for whom it was not prescribed.	900

This section does not eliminate, limit, or reduce any other	901
immunity or defense that a community school, community school	902
governing authority, or community school employee may be entitled	903
to under Chapter 2744. or any other provision of the Revised Code	904
or under the common law of this state.	905

Section 2. That existing sections 3313.64 and 3314.03 of the	906
Revised Code are hereby repealed.	907