As Reported by the Senate Education Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 116

Representative Barnes 

Cosponsors: Representatives Patmon, Fedor, Yuko, Letson, Antonio, Luckie, Beck, Buchy, Carney, Driehaus, Duffey, Foley, Garland, Goyal, Mallory, Milkovich, O'Brien, Ramos, Reece, Weddington, Winburn Speaker Batchelder 

Senators Sawyer, Beagle, Coley, Hite 

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A BILL

To amend sections 3313.666, 3313.667, 3319.073, and

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3333.31 of the Revised Code to enact the "Jessica

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Logan Act" regarding public schools' policies

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prohibiting harassment, intimidation, or bullying

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and to qualify certain homeschooled students for

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in-state tuition at state institutions of higher

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education.

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

Section 1. That sections 3313.666, 3313.667, 3319.073, and	8
3333.31 of the Revised Code be amended to read as follows:	9

Sec. 3313.666.  (A) As used in this section, "harassment:

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(1) "Electronic act" means an act committed through the use	11
of a cellular telephone, computer, pager, personal communication	12
device, or other electronic communication device.	13

(2) "Harassment, intimidation, or bullying" means either of	14
the following:	15

(1)(a) Any intentional written, verbal, electronic, or	16
physical act that a student has exhibited toward another	17
particular student more than once and the behavior both:	18

(a)(i) Causes mental or physical harm to the other student;

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(b)(ii) Is sufficiently severe, persistent, or pervasive that	20
it creates an intimidating, threatening, or abusive educational	21
environment for the other student.	22

(2)(b) Violence within a dating relationship.

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(B) The board of education of each city, local, exempted	24
village, and joint vocational school district shall establish a	25
policy prohibiting harassment, intimidation, or bullying. The	26
policy shall be developed in consultation with parents, school	27
employees, school volunteers, students, and community members. The	28
policy shall include the following:	29

(1) A statement prohibiting harassment, intimidation, or	30
bullying of any student on school property, on a school bus, or at	31
school-sponsored events and expressly providing for the	32
possibility of suspension of a student found responsible for	33
harassment, intimidation, or bullying by an electronic act;	34

(2) A definition of harassment, intimidation, or bullying	35
that shall includeincludes the definition in division (A) of this	36
section;	37

(3) A procedure for reporting prohibited incidents;

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(4) A requirement that school personnel report prohibited	39
incidents of which they are aware to the school principal or other	40
administrator designated by the principal;	41

(5) A requirement that parentsthe custodial parent or	42
guardiansguardian of any student involved in a prohibited	43
incident be notified and, to the extent permitted by section	44
3319.321 of the Revised Code and the "Family Educational Rights	45
and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q1232g, as	46
amended, have access to any written reports pertaining to the	47
prohibited incident;	48

(6) A procedure for documenting any prohibited incident that	49
is reported;	50

(7) A procedure for responding to and investigating any	51
reported incident;	52

(8) A strategy for protecting a victim or other person from	53
new or additional harassment, intimidation, or bullying, and from	54
retaliation following a report, including a means by which a	55
person may report an incident anonymously;	56

(9) A disciplinary procedure for any student guilty of	57
harassment, intimidation, or bullying, which shall not infringe on	58
any student's rights under the first amendment to the Constitution	59
of the United States;	60

(10) A statement prohibiting students from deliberately	61
making false reports of harassment, intimidation, or bullying and	62
a disciplinary procedure for any student responsible for	63
deliberately making a false report of that nature;	64

(11) A requirement that the district administration	65
semiannually provide the president of the district board a written	66
summary of all reported incidents and post the summary on its web	67
site, if the district has a web site, to the extent permitted by	68
section 3319.321 of the Revised Code and the "Family Educational	69
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q	70
1232g, as amended.	71

(C) Each board's policy shall appear in any student	72
handbooks, and in any of the publications that set forth the	73
comprehensive rules, procedures, and standards of conduct for	74
schools and students in the district. The policy and an	75
explanation of the seriousness of bullying by electronic means	76
shall be made available to students in the district and to their	77
custodial parents or guardians. Information regarding the policy	78
shall be incorporated into employee training materials.	79

(D)(1) To the extent that state or federal funds are	80
appropriated for this purpose, each board shall require that all	81
students enrolled in the district annually be provided with	82
age-appropriate instruction, as determined by the board, on the	83
board's policy, including a written or verbal discussion of the	84
consequences for violations of the policy.	85

(2) Each board shall require that once each school year a	86
written statement describing the policy and the consequences for	87
violations of the policy be sent to each student's custodial	88
parent or guardian. The statement may be sent with regular student	89
report cards or may be delivered electronically.	90

(E) A school district employee, student, or volunteer shall	91
be individually immune from liability in a civil action for	92
damages arising from reporting an incident in accordance with a	93
policy adopted pursuant to this section if that person reports an	94
incident of harassment, intimidation, or bullying promptly in good	95
faith and in compliance with the procedures as specified in the	96
policy.	97

(E)(F) Except as provided in division (D)(E) of this section,	98
nothing in this section prohibits a victim from seeking redress	99
under any other provision of the Revised Code or common law that	100
may apply.	101

(F)(G) This section does not create a new cause of action or	102
a substantive legal right for any person.	103

(G) Not later than six months after the effective date of	104
this amendment, each(H) Each board shall update the policy	105
adopted under this section to include violence within a dating	106
relationship and harassment, intimidation, or bullying by	107
electronic means.	108

Sec. 3313.667.  (A) Any school district may form bullying	109
prevention task forces, programs, and other initiatives involving	110
volunteers, parents, law enforcement, and community members.	111

(B) To the extent that state or federal funds are	112
appropriated for these purposes, each school district shall:	113

(1) Provideprovide training, workshops, or courses on the	114
district's harassment, intimidation, or bullying policy adopted	115
pursuant to section 3313.666 of the Revised Code to school	116
employees and volunteers who have direct contact with students and	117
are not subject to section 3319.073 of the Revised Code. Time	118
spent by school employees in the training, workshops, or courses	119
shall apply towards any state- or district-mandated continuing	120
education requirements.	121

(2) Develop a process for educating students about the	122
policy.	123

(C) This section does not create a new cause of action or a	124
substantive legal right for any person.	125

Sec. 3319.073.  (A) The board of education of each city and	126
exempted village school district and the governing board of each	127
educational service center shall adopt or adapt the curriculum	128
developed by the department of education for, or shall develop in	129
consultation with public or private agencies or persons involved	130
in child abuse prevention or intervention programs, a program of	131
in-service training in the prevention of child abuse, violence,	132
and substance abuse and the promotion of positive youth	133
development. Each person employed by any school district or	134
service center to work in a school as a nurse, teacher, counselor,	135
school psychologist, or administrator shall complete at least four	136
hours of the in-service training within two years of commencing	137
employment with the district or center, and every five years	138
thereafter. A person who is employed by any school district or	139
service center to work in an elementary school as a nurse,	140
teacher, counselor, school psychologist, or administrator on March	141
30, 2007, shall complete at least four hours of the in-service	142
training not later than March 30, 2009, and every five years	143
thereafter. A person who is employed by any school district or	144
service center to work in a middle or high school as a nurse,	145
teacher, counselor, school psychologist, or administrator on	146
October 16, 2009, shall complete at least four hours of the	147
in-service training not later than October 16, 2011, and every	148
five years thereafter.	149

(B) Each board shall incorporate training in school safety	150
and violence prevention into the in-service training required by	151
division (A) of this section. For this purpose, the board shall	152
adopt or adapt the curriculum developed by the department or shall	153
develop its own curriculum in consultation with public or private	154
agencies or persons involved in school safety and violence	155
prevention programs.	156

(C) Each board shall incorporate training on the board's	157
harassment, intimidation, or bullying policy adopted under section	158
3313.666 of the Revised Code into the in-service training required	159
by division (A) of this section. Each board also shall incorporate	160
training in the prevention of dating violence into the in-service	161
training required by that division (A) of this section for middle	162
and high school employees. The board shall develop its own	163
curriculumcurricula for this purposethese purposes.	164

Sec. 3333.31.  (A) For state subsidy and tuition surcharge	165
purposes, status as a resident of Ohio shall be defined by the	166
chancellor of the Ohio board of regents by rule promulgated	167
pursuant to Chapter 119. of the Revised Code. No adjudication as	168
to the status of any person under such rule, however, shall be	169
required to be made pursuant to Chapter 119. of the Revised Code.	170
The term "resident" for these purposes shall not be equated with	171
the definition of that term as it is employed elsewhere under the	172
laws of this state and other states, and shall not carry with it	173
any of the legal connotations appurtenant thereto. Rather, except	174
as provided in divisions (B) and (D) of this section, for such	175
purposes, the rule promulgated under this section shall have the	176
objective of excluding from treatment as residents those who are	177
present in the state primarily for the purpose of attending a	178
state-supported or state-assisted institution of higher education,	179
and may prescribe presumptive rules, rebuttable or conclusive, as	180
to such purpose based upon the source or sources of support of the	181
student, residence prior to first enrollment, evidence of	182
intention to remain in the state after completion of studies, or	183
such other factors as the chancellor deems relevant.	184

(B) The rules of the chancellor for determining student	185
residency shall grant residency status to a veteran and to the	186
veteran's spouse and any dependent of the veteran, if both of the	187
following conditions are met:	188

(1) The veteran either:

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(a) Served one or more years on active military duty and was	190
honorably discharged or received a medical discharge that was	191
related to the military service;	192

(b) Was killed while serving on active military duty or has	193
been declared to be missing in action or a prisoner of war.	194

(2) If the veteran seeks residency status for tuition	195
surcharge purposes, the veteran has established domicile in this	196
state as of the first day of a term of enrollment in an	197
institution of higher education. If the spouse or a dependent of	198
the veteran seeks residency status for tuition surcharge purposes,	199
the veteran and the spouse or dependent seeking residency status	200
have established domicile in this state as of the first day of a	201
term of enrollment in an institution of higher education, except	202
that if the veteran was killed while serving on active military	203
duty or has been declared to be missing in action or a prisoner of	204
war, only the spouse or dependent seeking residency status shall	205
be required to have established domicile in accordance with this	206
division.	207

(C) The rules of the chancellor for determining student	208
residency shall not deny residency status to a student who is	209
either a dependent child of a parent, or the spouse of a person	210
who, as of the first day of a term of enrollment in an institution	211
of higher education, has accepted full-time employment and	212
established domicile in this state for reasons other than gaining	213
the benefit of favorable tuition rates.	214

Documentation of full-time employment and domicile shall	215
include both of the following documents:	216

(1) A sworn statement from the employer or the employer's	217
representative on the letterhead of the employer or the employer's	218
representative certifying that the parent or spouse of the student	219
is employed full-time in Ohio;	220

(2) A copy of the lease under which the parent or spouse is	221
the lessee and occupant of rented residential property in the	222
state, a copy of the closing statement on residential real	223
property of which the parent or spouse is the owner and occupant	224
in this state or, if the parent or spouse is not the lessee or	225
owner of the residence in which the parent or spouse has	226
established domicile, a letter from the owner of the residence	227
certifying that the parent or spouse resides at that residence.	228

Residency officers may also evaluate, in accordance with the	229
chancellor's rule, requests for immediate residency status from	230
dependent students whose parents are not living and whose domicile	231
follows that of a legal guardian who has accepted full-time	232
employment and established domicile in the state for reasons other	233
than gaining the benefit of favorable tuition rates.	234

(D)(1) The rules of the chancellor for determining student	235
residency shall grant residency status to a person who, while a	236
resident of this state for state subsidy and tuition surcharge	237
purposes, graduated from a high school in this state or completed	238
the final year of instruction at home as authorized under section	239
3321.04 of the Revised Code, if the person enrolls in an	240
institution of higher education and establishes domicile in this	241
state, regardless of the student's residence prior to that	242
enrollment.	243

(2) The rules of the chancellor for determining student	244
residency shall not grant residency status to an alien if the	245
alien is not also an immigrant or a nonimmigrant.	246

(E) As used in this section:

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(1) "Dependent," "domicile," "institution of higher	248
education," and "residency officer" have the meanings ascribed in	249
the chancellor's rules adopted under this section.	250

(2) "Alien" means a person who is not a United States citizen	251
or a United States national.	252

(3) "Immigrant" means an alien who has been granted the right	253
by the United States bureau of citizenship and immigration	254
services to reside permanently in the United States and to work	255
without restrictions in the United States.	256

(4) "Nonimmigrant" means an alien who has been granted the	257
right by the United States bureau of citizenship and immigration	258
services to reside temporarily in the United States.	259

Section 2. That existing sections 3313.666, 3313.667,	260
3319.073, and 3333.31 of the Revised Code are hereby repealed.	261

Section 3.  The amendments to sections 3313.666, 3313.667,	262
and 3319.073 of the Revised Code by of this act shall take effect	263
six months after the effective date of this act.	264

Section 4.  Not later than six months after the effective	265
date of this section, the State Board of Education shall update	266
its model policy to prohibit harassment, intimidation, or bullying	267
adopted under section 3301.22 of the Revised Code to include	268
harassment, intimidation, or bullying by electronic means.	269

Section 5. This act shall be known as the "Jessica Logan	270
Act."	271