As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 462


Representative Pelanda 

Cosponsors: Representatives Boose, Garland, Pillich, Phillips, Hottinger, Milkovich, Blair, Stebelton, Yuko, Adams, J. 

A BILL
To amend section 3313.642 and to enact section 1
2151.272 of the Revised Code with respect to a 2
school district's withholding or transfer to 3
another district or school of the grades and 4
credits of a child who is alleged or adjudicated 5
an abused, neglected, or dependent child.6


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

       Section 1.  That section 3313.642 be amended and section 7
2151.272 of the Revised Code be enacted to read as follows:8

       Sec. 2151.272.  Upon the filing of a complaint, under section 9
2151.27 of the Revised Code, alleging that a child is an abused, 10
neglected, or dependent child, the judge of the court in which the 11
complaint is filed may order the board of education of the school 12
district in which the child was enrolled immediately prior to the 13
filing of the complaint to release the child's grades, credits, 14
and transcripts to any district or school in which the child 15
enrolls after the complaint is filed.16

       Sec. 3313.642.  (A) Except as provided in division (B) of 17
this section and notwithstanding the provisions of sections 18
3313.48 and 3313.64 of the Revised Code, the board of education of 19
a city, exempted village, or local school district shall not be 20
required to furnish, free of charge, to the pupils attending the 21
public schools any materials used in a course of instruction with 22
the exception of the necessary textbooks or electronic textbooks 23
required to be furnished without charge pursuant to section 24
3329.06 of the Revised Code. The board may, however, make 25
provision by appropriations transferred from the general fund of 26
the district or otherwise for furnishing free of charge any 27
materials used in a course of instruction to such pupils as it 28
determines are in serious financial need of such materials. 29

       (B) No board of education of a school district shall charge a 30
fee to a pupil who is eligible for a free lunch under the 31
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 32
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 33
42 U.S.C. 1771, as amended, for any materials needed to enable the 34
pupil to participate fully in a course of instruction. The 35
prohibition in this division against charging a fee does not apply 36
to any fee charged for any of the following:37

       (1) Any materials needed to enable a pupil to participate 38
fully in extracurricular activities or in any pupil enrichment 39
program that is not a course of instruction;40

       (2) Any tools, equipment, and materials that are necessary 41
for workforce-readiness training within a career-technical 42
education program that, to the extent the tools, equipment, and 43
materials are not consumed, may be retained by the student upon 44
course completion.45

       (C) Boards of education may adopt rules and regulations 46
prescribing aeach of the following:47

       (1) A schedule of fees for materials used in a course of 48
instruction and prescribing a;49

       (2) A schedule of charges which may be imposed upon pupils 50
for the loss, damage, or destruction of school apparatus, 51
equipment, musical instruments, library material, textbooks, or 52
electronic textbooks required to be furnished without charge, and 53
for damage to school buildings, and.54

       Except as provided in division (D) of this section, boards of 55
education may enforce the payment of such fees and charges by 56
withholding the grades and credits of the pupils concerned.57

       (D) No board of education shall withhold the grades, credits, 58
transcripts, or diploma of a pupil for nonpayment of fees for 59
materials used in a course of instruction imposed under division 60
(C)(1) of this section, if a complaint has been filed at any time 61
in a juvenile court alleging that the pupil is an abused, 62
neglected, or dependent child or if the pupil has been adjudicated 63
an abused, neglected, or dependent child.64

       A board shall require that the grades, credits, or 65
transcripts of a pupil described in this division be transferred 66
immediately upon the receipt of either another district's or 67
school's request for those records under section 3313.672 of the 68
Revised Code or a juvenile judge's order under section 2151.272 of 69
the Revised Code.70

       Section 2.  That existing section 3313.642 of the Revised 71
Code is hereby repealed.72