To amend section 3313.616 of the Revised Code to grant high school diplomas to certain veterans of the Vietnam Conflict and to permit school districts, educational service centers, and county MR/DD boards in fiscal year 2006 to apply to use funds appropriated for school bus purchases to pay the cost of purchasing fuel for buses.

Section 1. That section 3313.616 of the Revised Code be amended to read as follows:

Sec. 3313.616.  (A)(1) Notwithstanding the requirements of sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the board of education of any city, exempted village, or local school district or the governing authority of any chartered nonpublic school may grant a high school diploma to any veteran of World War II or, the Korean conflict, or the Vietnam conflict who is a resident of this state or who was previously enrolled in any high school in this state if all of the following apply:

(a) The veteran either:

(i) Left a public or nonpublic school located in any state prior to graduation in order to serve in the armed forces of the United States;

(ii) Left a public or nonpublic school located in any state prior to graduation due to family circumstances and subsequently entered the armed forces of the United States.

(b) The veteran received an honorable discharge from the armed forces of the United States.

(c) The veteran has not been granted a diploma as provided in section 3313.61 or 3313.612 of the Revised Code, a diploma of adult education as provided in section 3313.611 of the Revised Code, or a diploma under this section.

(2) If a veteran who would otherwise qualify for a diploma under this section is deceased, the board of education of any school district or the governing authority of any chartered nonpublic school may award such diploma to the veteran posthumously and may present that diploma to a living relative of the veteran.

(B) The governor's office of veterans' affairs, in accordance with section 111.15 of the Revised Code, and with the advice and consent of the veterans advisory committee established under division (K) of section 5902.02 of the Revised Code, shall develop and adopt rules to implement this section. Such rules shall include, but not be limited to, rules establishing procedures for application and verification of eligible veterans for a diploma under this section.

Section 2. That existing section 3313.616 of the Revised Code is hereby repealed.

Section 3. (A) Notwithstanding anything to the contrary in division (E) of section 3317.024 of the Revised Code, in section 3317.07 of the Revised Code or in rules adopted under that section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, during fiscal year 2006 only, upon receipt of a waiver granted by the Superintendent of Public Instruction a school district, educational service center, or county MR/DD board may use the portion of the funds paid under appropriation item 200-503, Bus Purchase Allowance, as approved in the waiver for purchasing fuel for school buses.

(B) In the manner specified by the Superintendent of Public Instruction for purposes of this section, a school district, educational service center, or county MR/DD board may apply to the Superintendent for a waiver to use all or a portion of the funds paid during fiscal year 2006 under appropriation item 200-503, Bus Purchase Allowance, to purchase fuel for school buses. The Superintendent may grant a waiver to a school district, educational service center, or county MR/DD board only if the district, service center, or county MR/DD board demonstrates to the Superintendent's satisfaction that it has a sufficient supply of buses or contracted bus service to meet its pupil transportation obligations for fiscal year 2006 without spending all or part of its allocation of funds under appropriation item 200-503, Bus Purchase Allowance. The Superintendent shall prescribe in the waiver the portion of those funds that may be used for purchasing fuel for buses.