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Am. H. B. No. 462 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Boose, Garland, Pillich, Phillips, Hottinger, Milkovich, Blair, Stebelton, Yuko, Adams, J., Anielski, Barnes, Beck, Blessing, Brenner, Bubp, Buchy, Budish, Carney, Celebrezze, Celeste, Cera, Combs, Conditt, Damschroder, Derickson, DeVitis, Driehaus, Duffey, Gardner, Gonzales, Goyal, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Huffman, Johnson, Kozlowski, Letson, Maag, Mallory, Martin, McClain, O'Brien, Patmon, Ramos, Ruhl, Sears, Smith, Sprague, Stautberg, Stinziano, Terhar, Uecker, Wachtmann, Williams, Winburn, Young Speaker Batchelder
A BILL
To amend section 3313.642 and to enact section
2151.272 of the Revised Code with respect to a
school district's withholding or transfer to
another district or school of the records of a
child who is alleged or adjudicated an abused,
neglected, or dependent child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.642 be amended and section
2151.272 of the Revised Code be enacted to read as follows:
Sec. 2151.272. (A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(2) "504 plan" means a plan based on an evaluation conducted
in accordance with section 504 of the "Rehabilitation Act of
1973," 29 U.S.C. 794, as amended.
(B) Upon the filing of a complaint, under section 2151.27 of
the Revised Code, alleging that a child is an abused, neglected,
or dependent child, the judge of the court in which the complaint
is filed may order the board of education of the school district
in which the child was enrolled immediately prior to the filing of
the complaint to release the child's grades, credits, official
transcripts, IEPs, and 504 plans to any district or school in
which the child enrolls after the complaint is filed.
Sec. 3313.642. (A) Except as provided in division (B) of
this section and notwithstanding the provisions of sections
3313.48 and 3313.64 of the Revised Code, the board of education of
a city, exempted village, or local school district shall not be
required to furnish, free of charge, to the pupils attending the
public schools any materials used in a course of instruction with
the exception of the necessary textbooks or electronic textbooks
required to be furnished without charge pursuant to section
3329.06 of the Revised Code. The board may, however, make
provision by appropriations transferred from the general fund of
the district or otherwise for furnishing free of charge any
materials used in a course of instruction to such pupils as it
determines are in serious financial need of such materials.
(B) No board of education of a school district shall charge a
fee to a pupil who is eligible for a free lunch under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,
42 U.S.C. 1771, as amended, for any materials needed to enable the
pupil to participate fully in a course of instruction. The
prohibition in this division against charging a fee does not apply
to any fee charged for any of the following:
(1) Any materials needed to enable a pupil to participate
fully in extracurricular activities or in any pupil enrichment
program that is not a course of instruction;
(2) Any tools, equipment, and materials that are necessary
for workforce-readiness training within a career-technical
education program that, to the extent the tools, equipment, and
materials are not consumed, may be retained by the student upon
course completion.
(C) Boards of education may adopt rules and regulations
prescribing a each of the following:
(1) A schedule of fees for materials used in a course of
instruction and prescribing a;
(2) A schedule of charges which may be imposed upon pupils
for the loss, damage, or destruction of school apparatus,
equipment, musical instruments, library material, textbooks, or
electronic textbooks required to be furnished without charge, and
for damage to school buildings, and.
Except as provided in division (D) of this section, boards of
education may enforce the payment of such fees and charges by
withholding the grades and credits of the pupils concerned.
(D) No board of education shall withhold the grades, credits,
official transcripts, diploma, IEPs, or 504 plans of a pupil for
nonpayment of fees for materials used in a course of instruction
imposed under division (C)(1) of this section, if a complaint has
been filed at any time in a juvenile court alleging that the pupil
is an abused, neglected, or dependent child or if the pupil has
been adjudicated an abused, neglected, or dependent child.
A board shall require that the grades, credits, official
transcripts, IEPs, or 504 plan of a pupil described in this
division be transferred immediately upon the receipt of either
another district's or school's request for those records under
section 3313.672 of the Revised Code or a juvenile judge's order
under section 2151.272 of the Revised Code. A board that is
required to transfer records under division (D) of this section
may request a copy of any order regarding the child's custody or
placement issued pursuant to a complaint filed under section
2151.27 of the Revised Code.
(E) Each board of education annually shall report to the
department of education the number of pupils for whom the board
sends transcripts under division (D) of this section and the total
amount of unpaid fees lost due to compliance with that division.
(F) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(2) "504 plan" means a plan based on an evaluation conducted
in accordance with section 504 of the "Rehabilitation Act of
1973," 29 U.S.C. 794, as amended.
Section 2. That existing section 3313.642 of the Revised
Code is hereby repealed.
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