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| 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 records of a | 4 |
| child who is alleged or adjudicated an abused, | 5 |
| neglected, or dependent child. | 6 |
| 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. (A) As used in this section: | 9 |
| (1) "IEP" has the same meaning as in section 3323.01 of the | 10 |
| Revised Code. | 11 |
| (2) "504 plan" means a plan based on an evaluation conducted | 12 |
| in accordance with section 504 of the "Rehabilitation Act of | 13 |
| 1973," 29 U.S.C. 794, as amended. | 14 |
| (B) Upon the filing of a complaint, under section 2151.27 of | 15 |
| the Revised Code, alleging that a child is an abused, neglected, | 16 |
| or dependent child, the judge of the court in which the complaint | 17 |
| is filed may order the board of education of the school district | 18 |
| in which the child was enrolled immediately prior to the filing of | 19 |
| the complaint to release the child's grades, credits, official | 20 |
| transcripts, IEPs, and 504 plans to any district or school in | 21 |
| which the child enrolls after the complaint is filed. | 22 |
| Sec. 3313.642. (A) Except as provided in division (B) of | 23 |
| this section and notwithstanding the provisions of sections | 24 |
| 3313.48 and 3313.64 of the Revised Code, the board of education of | 25 |
| a city, exempted village, or local school district shall not be | 26 |
| required to furnish, free of charge, to the pupils attending the | 27 |
| public schools any materials used in a course of instruction with | 28 |
| the exception of the necessary textbooks or electronic textbooks | 29 |
| required to be furnished without charge pursuant to section | 30 |
| 3329.06 of the Revised Code. The board may, however, make | 31 |
| provision by appropriations transferred from the general fund of | 32 |
| the district or otherwise for furnishing free of charge any | 33 |
| materials used in a course of instruction to such pupils as it | 34 |
| determines are in serious financial need of such materials. | 35 |
| (B) No board of education of a school district shall charge a | 36 |
| fee to a pupil who is eligible for a free lunch under the | 37 |
| "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, | 38 |
| as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, | 39 |
| 42 U.S.C. 1771, as amended, for any materials needed to enable the | 40 |
| pupil to participate fully in a course of instruction. The | 41 |
| prohibition in this division against charging a fee does not apply | 42 |
| to any fee charged for any of the following: | 43 |
| (1) Any materials needed to enable a pupil to participate | 44 |
| fully in extracurricular activities or in any pupil enrichment | 45 |
| program that is not a course of instruction; | 46 |
| (2) Any tools, equipment, and materials that are necessary | 47 |
| for workforce-readiness training within a career-technical | 48 |
| education program that, to the extent the tools, equipment, and | 49 |
| materials are not consumed, may be retained by the student upon | 50 |
| course completion. | 51 |
| (C) Boards of education may adopt rules and regulations | 52 |
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prescribing | 53 |
| (1) A schedule of fees for materials used in a course of | 54 |
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instruction | 55 |
| (2) A schedule of charges which may be imposed upon pupils | 56 |
| for the loss, damage, or destruction of school apparatus, | 57 |
| equipment, musical instruments, library material, textbooks, or | 58 |
| electronic textbooks required to be furnished without charge, and | 59 |
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for damage to school buildings | 60 |
| Except as provided in division (D) of this section, boards of | 61 |
| education may enforce the payment of such fees and charges by | 62 |
| withholding the grades and credits of the pupils concerned. | 63 |
| (D) No board of education shall withhold the grades, credits, | 64 |
| official transcripts, diploma, IEPs, or 504 plans of a pupil for | 65 |
| nonpayment of fees for materials used in a course of instruction | 66 |
| imposed under division (C)(1) of this section, if a complaint has | 67 |
| been filed at any time in a juvenile court alleging that the pupil | 68 |
| is an abused, neglected, or dependent child or if the pupil has | 69 |
| been adjudicated an abused, neglected, or dependent child. | 70 |
| A board shall require that the grades, credits, official | 71 |
| transcripts, IEPs, or 504 plan of a pupil described in this | 72 |
| division be transferred immediately upon the receipt of either | 73 |
| another district's or school's request for those records under | 74 |
| section 3313.672 of the Revised Code or a juvenile judge's order | 75 |
| under section 2151.272 of the Revised Code. | 76 |
| A board that is required to transfer records under division | 77 |
| (D) of this section may request a copy of any order regarding the | 78 |
| child's custody or placement issued pursuant to a complaint filed | 79 |
| under section 2151.27 of the Revised Code. However, a board shall | 80 |
| not withhold records required to be transferred under that | 81 |
| division pending receipt of a copy of the order. | 82 |
| (E) Each board of education annually shall report to the | 83 |
| department of education the number of pupils for whom the board | 84 |
| sends transcripts under division (D) of this section and the total | 85 |
| amount of unpaid fees lost due to compliance with that division. | 86 |
| (F) As used in this section: | 87 |
| (1) "IEP" has the same meaning as in section 3323.01 of the | 88 |
| Revised Code. | 89 |
| (2) "504 plan" means a plan based on an evaluation conducted | 90 |
| in accordance with section 504 of the "Rehabilitation Act of | 91 |
| 1973," 29 U.S.C. 794, as amended. | 92 |
| Section 2. That existing section 3313.642 of the Revised | 93 |
| Code is hereby repealed. | 94 |