As Reported by the House Education Committee

127th General Assembly Regular Session 2007-2008

H. B. No. 406

Representatives Peterson, Williams, B. 

Cosponsors: Representatives Sykes, Chandler, Foley, Harwood, Okey, DeGeeter, Heard, Celeste 

---

A BILL

To amend sections 3314.03, 3319.088, 3319.41, and

1

3326.11 of the Revised Code to prohibit corporal

2

punishment in all public schools.

3

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

Section 1. That sections 3314.03, 3319.088, 3319.41, and	4
3326.11 of the Revised Code be amended to read as follows:	5

Sec. 3314.03.  A copy of every contract entered into under	6
this section shall be filed with the superintendent of public	7
instruction.	8

(A) Each contract entered into between a sponsor and the	9
governing authority of a community school shall specify the	10
following:	11

(1) That the school shall be established as either of the	12
following:	13

(a) A nonprofit corporation established under Chapter 1702.	14
of the Revised Code, if established prior to April 8, 2003;	15

(b) A public benefit corporation established under Chapter	16
1702. of the Revised Code, if established after April 8, 2003;	17

(2) The education program of the school, including the	18
school's mission, the characteristics of the students the school	19
is expected to attract, the ages and grades of students, and the	20
focus of the curriculum;	21

(3) The academic goals to be achieved and the method of	22
measurement that will be used to determine progress toward those	23
goals, which shall include the statewide achievement tests;	24

(4) Performance standards by which the success of the school	25
will be evaluated by the sponsor;	26

(5) The admission standards of section 3314.06 of the Revised	27
Code and, if applicable, section 3314.061 of the Revised Code;	28

(6)(a) Dismissal procedures;

29

(b) A requirement that the governing authority adopt an	30
attendance policy that includes a procedure for automatically	31
withdrawing a student from the school if the student without a	32
legitimate excuse fails to participate in one hundred five	33
consecutive hours of the learning opportunities offered to the	34
student.	35

(7) The ways by which the school will achieve racial and	36
ethnic balance reflective of the community it serves;	37

(8) Requirements for financial audits by the auditor of	38
state. The contract shall require financial records of the school	39
to be maintained in the same manner as are financial records of	40
school districts, pursuant to rules of the auditor of state, and	41
the audits shall be conducted in accordance with section 117.10 of	42
the Revised Code.	43

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

44

(10) Qualifications of teachers, including a requirement that	45
the school's classroom teachers be licensed in accordance with	46
sections 3319.22 to 3319.31 of the Revised Code, except that a	47
community school may engage noncertificated persons to teach up to	48
twelve hours per week pursuant to section 3319.301 of the Revised	49
Code;	50

(11) That the school will comply with the following	51
requirements:	52

(a) The school will provide learning opportunities to a	53
minimum of twenty-five students for a minimum of nine hundred	54
twenty hours per school year;	55

(b) The governing authority will purchase liability	56
insurance, or otherwise provide for the potential liability of the	57
school;	58

(c) The school will be nonsectarian in its programs,	59
admission policies, employment practices, and all other	60
operations, and will not be operated by a sectarian school or	61
religious institution;	62

(d) The school will comply with sections 9.90, 9.91, 109.65,	63
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	64
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	65
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	66
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	67
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	68
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	69
3319.39, 3319.41, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	70
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	71
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	72
and 4167. of the Revised Code as if it were a school district and	73
will comply with section 3301.0714 of the Revised Code in the	74
manner specified in section 3314.17 of the Revised Code;	75

(e) The school shall comply with Chapter 102. and section	76
2921.42 of the Revised Code;	77

(f) The school will comply with sections 3313.61, 3313.611,	78
and 3313.614 of the Revised Code, except that for students who	79
enter ninth grade for the first time before July 1, 2010, the	80
requirement in sections 3313.61 and 3313.611 of the Revised Code	81
that a person must successfully complete the curriculum in any	82
high school prior to receiving a high school diploma may be met by	83
completing the curriculum adopted by the governing authority of	84
the community school rather than the curriculum specified in Title	85
XXXIII of the Revised Code or any rules of the state board of	86
education. Beginning with students who enter ninth grade for the	87
first time on or after July 1, 2010, the requirement in sections	88
3313.61 and 3313.611 of the Revised Code that a person must	89
successfully complete the curriculum of a high school prior to	90
receiving a high school diploma shall be met by completing the	91
Ohio core curriculum prescribed in division (C) of section	92
3313.603 of the Revised Code, unless the person qualifies under	93
division (D) or (F) of that section. Each school shall comply with	94
the plan for awarding high school credit based on demonstration of	95
subject area competency, adopted by the state board of education	96
under division (J) of section 3313.603 of the Revised Code.	97

(g) The school governing authority will submit within four	98
months after the end of each school year a report of its	99
activities and progress in meeting the goals and standards of	100
divisions (A)(3) and (4) of this section and its financial status	101
to the sponsor and the parents of all students enrolled in the	102
school.	103

(h) The school, unless it is an internet- or computer-based	104
community school, will comply with section 3313.801 of the Revised	105
Code as if it were a school district.	106

(12) Arrangements for providing health and other benefits to	107
employees;	108

(13) The length of the contract, which shall begin at the	109
beginning of an academic year. No contract shall exceed five years	110
unless such contract has been renewed pursuant to division (E) of	111
this section.	112

(14) The governing authority of the school, which shall be	113
responsible for carrying out the provisions of the contract;	114

(15) A financial plan detailing an estimated school budget	115
for each year of the period of the contract and specifying the	116
total estimated per pupil expenditure amount for each such year.	117
The plan shall specify for each year the base formula amount that	118
will be used for purposes of funding calculations under section	119
3314.08 of the Revised Code. This base formula amount for any year	120
shall not exceed the formula amount defined under section 3317.02	121
of the Revised Code. The plan may also specify for any year a	122
percentage figure to be used for reducing the per pupil amount of	123
the subsidy calculated pursuant to section 3317.029 of the Revised	124
Code the school is to receive that year under section 3314.08 of	125
the Revised Code.	126

(16) Requirements and procedures regarding the disposition of	127
employees of the school in the event the contract is terminated or	128
not renewed pursuant to section 3314.07 of the Revised Code;	129

(17) Whether the school is to be created by converting all or	130
part of an existing public school or is to be a new start-up	131
school, and if it is a converted public school, specification of	132
any duties or responsibilities of an employer that the board of	133
education that operated the school before conversion is delegating	134
to the governing board of the community school with respect to all	135
or any specified group of employees provided the delegation is not	136
prohibited by a collective bargaining agreement applicable to such	137
employees;	138

(18) Provisions establishing procedures for resolving	139
disputes or differences of opinion between the sponsor and the	140
governing authority of the community school;	141

(19) A provision requiring the governing authority to adopt a	142
policy regarding the admission of students who reside outside the	143
district in which the school is located. That policy shall comply	144
with the admissions procedures specified in sections 3314.06 and	145
3314.061 of the Revised Code and, at the sole discretion of the	146
authority, shall do one of the following:	147

(a) Prohibit the enrollment of students who reside outside	148
the district in which the school is located;	149

(b) Permit the enrollment of students who reside in districts	150
adjacent to the district in which the school is located;	151

(c) Permit the enrollment of students who reside in any other	152
district in the state.	153

(20) A provision recognizing the authority of the department	154
of education to take over the sponsorship of the school in	155
accordance with the provisions of division (C) of section 3314.015	156
of the Revised Code;	157

(21) A provision recognizing the sponsor's authority to	158
assume the operation of a school under the conditions specified in	159
division (B) of section 3314.073 of the Revised Code;	160

(22) A provision recognizing both of the following:

161

(a) The authority of public health and safety officials to	162
inspect the facilities of the school and to order the facilities	163
closed if those officials find that the facilities are not in	164
compliance with health and safety laws and regulations;	165

(b) The authority of the department of education as the	166
community school oversight body to suspend the operation of the	167
school under section 3314.072 of the Revised Code if the	168
department has evidence of conditions or violations of law at the	169
school that pose an imminent danger to the health and safety of	170
the school's students and employees and the sponsor refuses to	171
take such action;	172

(23) A description of the learning opportunities that will be	173
offered to students including both classroom-based and	174
non-classroom-based learning opportunities that is in compliance	175
with criteria for student participation established by the	176
department under division (L)(2) of section 3314.08 of the Revised	177
Code;	178

(24) The school will comply with section 3302.04 of the	179
Revised Code, including division (E) of that section to the extent	180
possible, except that any action required to be taken by a school	181
district pursuant to that section shall be taken by the sponsor of	182
the school. However, the sponsor shall not be required to take any	183
action described in division (F) of that section.	184

(25) Beginning in the 2006-2007 school year, the school will	185
open for operation not later than the thirtieth day of September	186
each school year, unless the mission of the school as specified	187
under division (A)(2) of this section is solely to serve dropouts.	188
In its initial year of operation, if the school fails to open by	189
the thirtieth day of September, or within one year after the	190
adoption of the contract pursuant to division (D) of section	191
3314.02 of the Revised Code if the mission of the school is solely	192
to serve dropouts, the contract shall be void.	193

(B) The community school shall also submit to the sponsor a	194
comprehensive plan for the school. The plan shall specify the	195
following:	196

(1) The process by which the governing authority of the	197
school will be selected in the future;	198

(2) The management and administration of the school;

199

(3) If the community school is a currently existing public	200
school, alternative arrangements for current public school	201
students who choose not to attend the school and teachers who	202
choose not to teach in the school after conversion;	203

(4) The instructional program and educational philosophy of	204
the school;	205

(5) Internal financial controls.

206

(C) A contract entered into under section 3314.02 of the	207
Revised Code between a sponsor and the governing authority of a	208
community school may provide for the community school governing	209
authority to make payments to the sponsor, which is hereby	210
authorized to receive such payments as set forth in the contract	211
between the governing authority and the sponsor. The total amount	212
of such payments for oversight and monitoring of the school shall	213
not exceed three per cent of the total amount of payments for	214
operating expenses that the school receives from the state.	215

(D) The contract shall specify the duties of the sponsor	216
which shall be in accordance with the written agreement entered	217
into with the department of education under division (B) of	218
section 3314.015 of the Revised Code and shall include the	219
following:	220

(1) Monitor the community school's compliance with all laws	221
applicable to the school and with the terms of the contract;	222

(2) Monitor and evaluate the academic and fiscal performance	223
and the organization and operation of the community school on at	224
least an annual basis;	225

(3) Report on an annual basis the results of the evaluation	226
conducted under division (D)(2) of this section to the department	227
of education and to the parents of students enrolled in the	228
community school;	229

(4) Provide technical assistance to the community school in	230
complying with laws applicable to the school and terms of the	231
contract;	232

(5) Take steps to intervene in the school's operation to	233
correct problems in the school's overall performance, declare the	234
school to be on probationary status pursuant to section 3314.073	235
of the Revised Code, suspend the operation of the school pursuant	236
to section 3314.072 of the Revised Code, or terminate the contract	237
of the school pursuant to section 3314.07 of the Revised Code as	238
determined necessary by the sponsor;	239

(6) Have in place a plan of action to be undertaken in the	240
event the community school experiences financial difficulties or	241
closes prior to the end of a school year.	242

(E) Upon the expiration of a contract entered into under this	243
section, the sponsor of a community school may, with the approval	244
of the governing authority of the school, renew that contract for	245
a period of time determined by the sponsor, but not ending earlier	246
than the end of any school year, if the sponsor finds that the	247
school's compliance with applicable laws and terms of the contract	248
and the school's progress in meeting the academic goals prescribed	249
in the contract have been satisfactory. Any contract that is	250
renewed under this division remains subject to the provisions of	251
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	252

(F) If a community school fails to open for operation within	253
one year after the contract entered into under this section is	254
adopted pursuant to division (D) of section 3314.02 of the Revised	255
Code or permanently closes prior to the expiration of the	256
contract, the contract shall be void and the school shall not	257
enter into a contract with any other sponsor. A school shall not	258
be considered permanently closed because the operations of the	259
school have been suspended pursuant to section 3314.072 of the	260
Revised Code. Any contract that becomes void under this division	261
shall not count toward any statewide limit on the number of such	262
contracts prescribed by section 3314.013 of the Revised Code.	263

Sec. 3319.088.  As used in this section, "educational	264
assistant" means any nonteaching employee in a school district who	265
directly assists a teacher as defined in section 3319.09 of the	266
Revised Code, by performing duties for which a license issued	267
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	268
required.	269

(A) The state board of education shall issue educational aide	270
permits and educational paraprofessional licenses for educational	271
assistants and shall adopt rules for the issuance and renewal of	272
such permits and licenses which shall be consistent with the	273
provisions of this section. Educational aide permits and	274
educational paraprofessional licenses may be of several types and	275
the rules shall prescribe the minimum qualifications of education,	276
health, and character for the service to be authorized under each	277
type. The prescribed minimum qualifications may require special	278
training or educational courses designed to qualify a person to	279
perform effectively the duties authorized under an educational	280
aide permit or educational paraprofessional license.	281

(B)(1) Any application for a permit or license, or a renewal	282
or duplicate of a permit or license, under this section shall be	283
accompanied by the payment of a fee in the amount established	284
under division (A) of section 3319.51 of the Revised Code. Any	285
fees received under this division shall be paid into the state	286
treasury to the credit of the state board of education licensure	287
fund established under division (B) of section 3319.51 of the	288
Revised Code.	289

(2) Any person applying for or holding a permit or license	290
pursuant to this section is subject to sections 3123.41 to 3123.50	291
of the Revised Code and any applicable rules adopted under section	292
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	293
the Revised Code.	294

(C) Educational assistants shall at all times while in the	295
performance of their duties be under the supervision and direction	296
of a teacher as defined in section 3319.09 of the Revised Code.	297
Educational assistants may assist a teacher to whom assigned in	298
the supervision of pupils, in assisting with instructional tasks,	299
and in the performance of duties which, in the judgment of the	300
teacher to whom the assistant is assigned, may be performed by a	301
person not licensed pursuant to sections 3319.22 to 3319.30 of the	302
Revised Code and for which a teaching license, issued pursuant to	303
sections 3319.22 to 3319.30 of the Revised Code is not required.	304
The duties of an educational assistant shall not include the	305
assignment of grades to pupils. The duties of an educational	306
assistantsassistant need not be performed in the physical	307
presence of the teacher to whom assigned, but the activity of an	308
educational assistant shall at all times be under the direction of	309
the teacher to whom assigned. The assignment of an educational	310
assistant need not be limited to assisting a single teacher. In	311
the event an educational assistant is assigned to assist more than	312
one teacher the assignments shall be clearly delineated and so	313
arranged that the educational assistant shall never be subject to	314
simultaneous supervision or direction by more than one teacher.	315

Educational assistants assigned to supervise children shall,	316
when the teacher to whom assigned is not physically present,	317
maintain the degree of control and discipline whichthat would be	318
maintained by the teacher, but an educational assistant may not	319
render corporal punishment.	320

Except when expressly permitted solely for the purposes of	321
section 3317.029 of the Revised Code, educational assistants may	322
not be used in place of classroom teachers or other employees and	323
any payment of compensation by boards of education to educational	324
assistants for such services is prohibited. The ratio between the	325
number of licensed teachers and the pupils in a school district	326
may not be decreased by utilization of educational assistants and	327
no grouping, or other organization of pupils, for utilization of	328
educational assistants shall be established which is inconsistent	329
with sound educational practices and procedures. A school district	330
may employ up to one full time equivalent educational assistant	331
for each six full time equivalent licensed employees of the	332
district. Educational assistants shall not be counted as licensed	333
employees for purposes of state support in the school foundation	334
program and no grouping or regrouping of pupils with educational	335
assistants may be counted as a class or unit for school foundation	336
program purposes. Neither special courses required by the	337
regulations of the state board of education, prescribing minimum	338
qualifications of education for an educational assistant, nor	339
years of service as an educational assistant shall be counted in	340
any way toward qualifying for a teacher license, for a teacher	341
contract of any type, or for determining placement on a salary	342
schedule in a school district as a teacher.	343

(D) Educational assistants employed by a board of education	344
shall have all rights, benefits, and legal protection available to	345
other nonteaching employees in the school district, except that	346
provisions of Chapter 124. of the Revised Code shall not apply to	347
any person employed as an educational assistant, and shall be	348
members of the school employees retirement system. Educational	349
assistants shall be compensated according to a salary plan adopted	350
annually by the board.	351

Except as provided in this section nonteaching employees	352
shall not serve as educational assistants without first obtaining	353
an appropriate educational aide permit or educational	354
paraprofessional license from the state board of education. A	355
nonteaching employee who is the holder of a valid educational aide	356
permit or educational paraprofessional license shall neither	357
render nor be required to render services inconsistent with the	358
type of services authorized by the permit or license held. No	359
person shall receive compensation from a board of education for	360
services rendered as an educational assistant in violation of this	361
provision.	362

Nonteaching employees whose functions are solely	363
secretarial-clerical and who do not perform any other duties as	364
educational assistants, even though they assist a teacher and work	365
under the direction of a teacher shall not be required to hold a	366
permit or license issued pursuant to this section. Students	367
preparing to become licensed teachers or educational assistants	368
shall not be required to hold an educational aide permit or	369
paraprofessional license for such periods of time as such students	370
are assigned, as part of their training program, to work with a	371
teacher in a school district. Such students shall not be	372
compensated for such services.	373

Following the determination of the assignment and general job	374
description of an educational assistant and subject to supervision	375
by the teacher's immediate administrative officer, a teacher to	376
whom an educational assistant is assigned shall make all final	377
determinations of the duties to be assigned to such assistant.	378
Teachers shall not be required to hold a license designated for	379
being a supervisor or administrator in order to perform the	380
necessary supervision of educational assistants.	381

(E) No person who is, or who has been employed as an	382
educational assistant shall divulge, except to the teacher to whom	383
assigned, or the administrator of the school in the absence of the	384
teacher to whom assigned, or when required to testify in a court	385
or proceedings, any personal information concerning any pupil in	386
the school district which was obtained or obtainable by the	387
educational assistant while so employed. Violation of this	388
provision is grounds for disciplinary action or dismissal, or	389
both.	390

Sec. 3319.41.  (A)(1) Beginning September 1, 1994, and except	391
as provided in division (C) of this section, noNo person employed	392
or engaged as a teacher, principal, administrator, nonlicensed	393
school employee, or bus driver in a public school may inflict or	394
cause to be inflicted corporal punishment as a means of discipline	395
upon a pupil attending such school, unless the board of education	396
of the school district in which the school is located adopts a	397
resolution no later than September 1, 1994, to permit corporal	398
punishment as a means of discipline and does not adopt a	399
resolution prohibiting corporal punishment pursuant to division	400
(B) of this section. No board shall adopt a resolution permitting	401
corporal punishment before receiving and studying the report of	402
the local discipline task force appointed under division (A)(2) of	403
this section.	404

(2) The board of education of each city, local, exempted	405
village, and joint vocational school district that has not adopted	406
a rule prohibiting corporal punishment under section 3313.20 of	407
the Revised Code prior to the effective date of this amendment	408
shall appoint, and any board that has adopted a rule under that	409
section prior to the effective date of this amendment may appoint,	410
no later than April 1, 1994, a local discipline task force to	411
conduct a study of effective discipline measures that are	412
appropriate for that school district. Members of the task force	413
shall include teachers, administrators, nonlicensed school	414
employees, school psychologists, members of the medical	415
profession, pediatricians when available, and representatives of	416
parents' organizations.	417

The task force shall hold meetings regularly. All meetings of	418
the task force shall be open to the public and at least one of the	419
meetings shall be for the purpose of inviting public	420
participation. The board of education shall provide public notice	421
of any public meeting of the task force in newspapers or other	422
periodicals of general circulation in the school district. The	423
task force shall report its findings and recommendations in	424
writing to the board of education no later than July 15, 1994. The	425
task force's written report must be available for inspection by	426
the public at the board's offices for at least five years after	427
being submitted to the board.	428

(B)(1) At any time after September 1, 1996, the board of	429
education of any city, local, exempted village, or joint	430
vocational school district in which corporal punishment is	431
permitted may adopt a resolution to prohibit corporal punishment.	432
After the adoption of a resolution prohibiting corporal punishment	433
pursuant to division (B)(1) of this section, the board of	434
education of any city, local, exempted village, or joint	435
vocational school district may adopt a resolution permitting	436
corporal punishment after complying with division (B)(3) of this	437
section.	438

(2) At any time after September 1, 1998, the board of	439
education of any city, local, exempted village, or joint	440
vocational school district that did not adopt a resolution	441
permitting corporal punishment as a means of discipline pursuant	442
to division (A)(1) of this section may adopt a resolution	443
permitting corporal punishment after complying with division	444
(B)(3) of this section.	445

(3)(a) The board of education of each city, local, exempted	446
village, and joint vocational school district that intends to	447
adopt a resolution permitting corporal punishment as a means of	448
discipline pursuant to division (B)(1) or (2) of this section may	449
adopt that resolution permitting corporal punishment as a means of	450
discipline only after receiving and studying the report of the	451
secondary local discipline task force appointed under division	452
(B)(3)(b) of this section.	453

(b) Any board of education described in division (B)(1) or	454
(2) of this section that intends to adopt a resolution permitting	455
corporal punishment as a means of discipline shall appoint a	456
secondary local discipline task force to conduct a study of	457
effective discipline measures that are appropriate for that school	458
district. Membership on the secondary local discipline task force	459
shall consist of the same types of persons that are required to be	460
included as members of the local discipline task force pursuant to	461
division (A)(2) of this section. The secondary local discipline	462
task force shall follow the same procedures with respect to	463
holding meetings, the provision of public notice, and the	464
production and inspection of a written report of findings and	465
recommendations that are applicable to the local discipline task	466
force pursuant to division (A)(2) of this section, except that the	467
secondary local discipline task force is not required to present	468
its written report to the board of education on a date that is no	469
later than July 15, 1994.	470

(C) The prohibition of corporal punishment by division (A) of	471
this section or by a resolution adopted under division (B) of this	472
section does not prohibit the use of reasonable force or restraint	473
in accordance with division (G) of this section.	474

(D) If the board of education of any city, local, exempted	475
village, or joint vocational school district does not prohibit	476
corporal punishment on the effective date of this amendment but at	477
any time after that date corporal punishment will be prohibited in	478
the district pursuant to division (A)(1) or (B) of this section,	479
the board shall do both of the following prior to the date on	480
which the prohibition takes effect:	481

(1) Adopt a disciplinary policy for the district that	482
includes alternative disciplinary measures;	483

(2) Consider what in-service training, if any, school	484
district employees might need as part of implementing the policy	485
adopted under division (D)(1) of this section.	486

(E) A person employed or otherwise engaged as a teacher,	487
principal, or administrator by a board of education permitting	488
corporal punishment pursuant to division (A)(1) of this section or	489
by a nonpublic school, except as otherwise provided by the	490
governing authority of the nonpublic school, may inflict or cause	491
to be inflicted reasonable corporal punishment upon a pupil	492
attending the school to which the person is assigned whenever such	493
punishment is reasonably necessary in order to preserve discipline	494
while the student is subject to school authority.	495

(F) A board of education of a school district that permits	496
the use of corporal punishment as a means of discipline pursuant	497
to a resolution adopted by the board pursuant to division (A)(1)	498
of this section shall permit as part of its discipline policy the	499
parents, guardian, or custodian of a child that is attending any	500
school within the school district to request that corporal	501
punishment not be used as a means of discipline on that child;	502
upon the receipt of a request of that nature, shall ensure that an	503
alternative disciplinary measure is applied with respect to that	504
child; and shall include a procedure for the exercise of that	505
option in the resolution adopted pursuant to division (A)(1) of	506
this section.	507

(G) Persons employed or engaged as teachers, principals, or	508
administrators in a school, whether public or private, and	509
nonlicensed school employees and school bus drivers may, within	510
the scope of their employment, use and apply such amount of force	511
and restraint as is reasonable and necessary to quell a	512
disturbance threatening physical injury to others, to obtain	513
possession of weapons or other dangerous objects upon the person	514
or within the control of the pupil, for the purpose of	515
self-defense, or for the protection of persons or property.	516

Sec. 3326.11. Each science, technology, engineering, and	517
mathematics school established under this chapter and its	518
governing body shall comply with sections 9.90, 9.91, 109.65,	519
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	520
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	521
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	522
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	523
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	524
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	525
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	526
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.313,	527
3319.314, 3319.315, 3319.32, 3319.321, 3319.35, 3319.39, 3319.41,	528
3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	529
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	530
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	531
4123., 4141., and 4167. of the Revised Code as if it were a	532
school district.	533

Section 2. That existing sections 3314.03, 3319.088, 3319.41,	534
and 3326.11 of the Revised Code are hereby repealed.	535

Section 3.  Section 3314.03 of the Revised Code is presented	536
in this act as a composite of the section as amended by Am. Sub.	537
H.B. 79, Am. Sub. H.B. 137, Sub. H.B. 184, Am. Sub. H.B. 276,	538
Sub. H.B. 422, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub.	539
S.B. 311 of the 126th General Assembly. The General Assembly,	540
applying the principle stated in division (B) of section 1.52 of	541
the Revised Code that amendments are to be harmonized if	542
reasonably capable of simultaneous operation, finds that the	543
composite is the resulting version of the section in effect prior	544
to the effective date of the section as presented in this act.	545