130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 396

REPRESENTATIVES MEAD-GARDNER-REID-TIBERI-SCHULER-JONES- GARCIA-THOMAS-COLONNA-CORBIN-PRINGLE-O'BRIEN


A BILL
To amend sections 3313.61 and 3325.08 of the Revised Code to permit the "home" school districts of students receiving high school diplomas from the State School for the Blind or State School for the Deaf also to grant these students high school diplomas.

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


Section 1. That sections 3313.61 and 3325.08 of the Revised Code be amended to read as follows:

Sec. 3313.61. (A) A diploma shall be granted by the board of education of any city, exempted village, or local school district that operates a high school to any person to whom all of the following apply:

(1) The person has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code;

(2) The person has attained at least the applicable scores designated under division (B) of section 3301.0710 of the Revised Code on all the tests required by that division unless the person was excused from taking any such test pursuant to division (C)(1) of section 3301.0711 or section 3313.532 of the Revised Code or unless division (H) of this section applies to the person;

(3) The person is not eligible to receive an honors diploma granted pursuant to division (B) of this section.

No EXCEPT AS PROVIDED IN DIVISIONS (C), (E), AND (J) OF THIS SECTION, NO diploma shall be granted under this division to anyone except as provided under this division.

(B) In lieu of a diploma granted under division (A) of this section, an honors diploma shall be granted, in accordance with rules of the state board of education, by any such district board to anyone who successfully completes the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code, who has attained at least the applicable scores designated under division (B) of section 3301.0710 of the Revised Code on all the tests required by that division, and who has met additional criteria established by the state board for the granting of such a diploma. No EXCEPT AS PROVIDED IN DIVISION (J) OF THIS SECTION, NO honors diploma shall be granted to anyone failing to comply with this division and no more than one honors diploma shall be granted to any student under this division.

The state board shall adopt rules prescribing the granting of honors diplomas under this division. These rules may prescribe the granting of honors diplomas that recognize a student's achievement as a whole or that recognize a student's achievement in one or more specific subjects or both. In any case, the rules shall designate two or more criteria for the granting of each type of honors diploma the board establishes under this division and the number of such criteria that must be met for the granting of that type of diploma. The number of such criteria for any type of honors diploma shall be at least one less than the total number of criteria designated for that type and no one or more particular criteria shall be required of all persons who are to be granted that type of diploma.

(C) Any such district board administering any of the tests required by section 3301.0710 of the Revised Code to any person requesting to take such test pursuant to division (B)(4)(b) of section 3301.0711 of the Revised Code shall award a diploma to such person if he THE PERSON attains at least the applicable scores designated under division (B) of section 3301.0710 of the Revised Code on all the tests administered and if he THE PERSON has previously attained the applicable scores on all the other tests required by division (B) of that section or has been exempted or excused from any such test pursuant to division (H) of this section or division (C)(1) of section 3301.0711 or section 3313.532 of the Revised Code.

(D) Each diploma awarded under this section shall be signed by the president and treasurer of the issuing board, the superintendent of schools, and the principal of the high school. Each diploma shall bear the date of its issue, be in such form as the district board prescribes, and be paid for out of the district's general fund.

(E) A person who is a resident of Ohio and is eligible under state board of education minimum standards to receive a high school diploma based in whole or in part on credits earned while an inmate of a correctional institution operated by the state or any political subdivision thereof, shall be granted such diploma by the correctional institution operating the programs in which such credits were earned, and by the board of education of the school district in which the inmate resided immediately prior to his THE INMATE'S placement in the institution. The diploma granted by the correctional institution shall be signed by the director of the institution, and by the person serving as principal of the institution's high school and shall bear the date of issue.

(F) Persons who are not residents of Ohio but who are inmates of correctional institutions operated by the state or any political subdivision thereof, and who are eligible under state board of education minimum standards to receive a high school diploma based in whole or in part on credits earned while an inmate of the correctional institution, shall be granted a diploma by the correctional institution offering the program in which the credits were earned. The diploma granted by the correctional institution shall be signed by the director of the institution and by the person serving as principal of the institution's high school and shall bear the date of issue.

(G) The state board of education shall provide by rule for the administration of the tests required by section 3301.0710 of the Revised Code to inmates of correctional institutions.

(H) Any person to whom all of the following apply shall be exempted from attaining the applicable score on the test in citizenship designated under division (B) of section 3301.0710 of the Revised Code:

(1) The person is not a citizen of the United States;

(2) The person is not a permanent resident of the United States;

(3) The person indicates he does not intend NO INTENTION to reside in the United States after the completion of high school.

(I) Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section and section 3311.611 of the Revised Code do not apply to the board of education of any joint vocational school district or any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.

(J) UPON RECEIPT OF A NOTICE UNDER DIVISION (D) OF SECTION 3325.08 OF THE REVISED CODE THAT A STUDENT HAS RECEIVED A DIPLOMA UNDER THAT SECTION, THE BOARD OF EDUCATION RECEIVING THE NOTICE MAY GRANT A HIGH SCHOOL DIPLOMA UNDER THIS SECTION TO THE STUDENT. THE DIPLOMA GRANTED UNDER THIS SECTION SHALL BE OF THE SAME TYPE THE NOTICE INDICATES THE STUDENT RECEIVED UNDER SECTION 3325.08 OF THE REVISED CODE.

Sec. 3325.08. (A) A diploma shall be granted by the superintendent of the state school for the blind and the superintendent of the state school for the deaf to any student enrolled in one of these state schools to whom all of the following apply:

(1) The student has successfully completed the individualized education program developed for him THE STUDENT for his THE STUDENT'S high school education pursuant to section 3323.08 of the Revised Code;

(2) The student has attained at least the applicable scores designated under division (B) of section 3301.0710 of the Revised Code on all the tests prescribed by that division unless the student was excused from taking any such test pursuant to division (L)(3) of section 3301.0711 of the Revised Code;

(3) The student is not eligible to receive an honors diploma granted pursuant to division (B) of this section.

No diploma shall be granted under this division to anyone except as provided under this division.

(B) In lieu of a diploma granted under division (A) of this section, the superintendent of the state school for the blind and the superintendent of the state school for the deaf shall grant an honors diploma, in the same manner that the boards of education of school districts grant such diplomas under division (B) of section 3313.61 of the Revised Code, to any student enrolled in one of these state schools who successfully completes the individualized education program developed for him THE STUDENT for his THE STUDENT'S high school education pursuant to section 3323.08 of the Revised Code, who has attained at least the applicable scores designated under division (B) of section 3301.0710 of the Revised Code on all the tests prescribed under that division, and who has met additional criteria for granting such a diploma. These additional criteria shall be the same as those prescribed by the state board under division (B) of section 3313.61 of the Revised Code for the granting of such diplomas by school districts. No honors diploma shall be granted to anyone failing to comply with this division and not more than one honors diploma shall be granted to any student under this division.

(C) A diploma or honors diploma awarded under this section shall be signed by the superintendent of public instruction and the superintendent of the state school for the blind or the superintendent of the state school for the deaf, as applicable. Each diploma shall bear the date of its issue and be in such form as the school superintendent prescribes.

(D) UPON GRANTING A DIPLOMA TO A STUDENT UNDER THIS SECTION, THE SUPERINTENDENT OF THE STATE SCHOOL IN WHICH THE STUDENT IS ENROLLED SHALL PROVIDE NOTICE OF RECEIPT OF THE DIPLOMA TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 of the Revised Code WHEN NOT RESIDING AT THE STATE SCHOOL FOR THE BLIND OR THE STATE SCHOOL FOR THE DEAF. THE NOTICE SHALL INDICATE THE TYPE OF DIPLOMA GRANTED.


Section 2. That existing sections 3313.61 and 3325.08 of the Revised Code are hereby repealed.


Section 3. Section 3313.61 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.
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