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H. B. No. 290 As IntroducedAs Introduced
|130th General Assembly|
Representatives Becker, Smith, Huffman, Grossman, Adams, J., Terhar, Blessing, Scherer, Hood, Buchy, Brenner, Fedor, Perales, Maag
To amend sections 3313.75, 3313.76, 3313.77, and
3313.78 and to enact section 3313.791 of the
Revised Code regarding the use of school district
premises by members of the public and immunity
from civil liability for a school district and
schools when permitting members of the public to
use school premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.75, 3313.76, 3313.77, and
3313.78 be amended and section 3313.791 of the Revised Code be
enacted to read as follows:
Sec. 3313.75. (A) For purposes of this section, "school
premises" has the same meaning as in section 3313.77 of the
(B) The board of education of a city, exempted village, or
local school district may authorize the opening of
school premises for any lawful purposes.
(B)(C) In accordance with this section and section 3313.77 of
the Revised Code, a district board may rent or lease facilities
school premises under its control to any public or nonpublic
institution of higher education for the institution's use in
providing evening and summer classes.
(C)(D) This section does not authorize a board to rent or
a schoolhouse school premises when such rental or lease
interferes with the public schools in such district, or for any
purpose other than is authorized by law.
Sec. 3313.76. Upon application of any responsible
organization, or of a group of at least seven citizens,
grounds and schoolhouses premises, as that term is defined in
section 3313.77 of the Revised Code, as well as all other
buildings under the supervision and control of the state, or
buildings maintained by taxation under the laws of this state,
shall be available for use as social centers for the entertainment
and education of the people, including the adult and youthful
population, and for the discussion of all topics tending to the
development of personal character and of civil welfare, and for
religious exercises. Such occupation should not seriously infringe
upon the original and necessary uses of such properties. The
public officials in charge of such buildings shall prescribe such
rules and regulations for their occupancy and use as will secure a
fair, reasonable, and impartial use of the same.
Sec. 3313.77. (A) For purposes of this section:
(1) "General public" means members of the community,
including both of the following:
(a) Students during nonschool hours;
(b) Employees of a school or school district when not working
in the scope of their employment.
(2) "Nonschool hours" means both of the following:
(a) Any time prior to and after regular classroom instruction
on a day that school is in session;
(b) Any day that school is not in session, including
weekends, holidays, and vacation breaks.
(3) "Recreational meetings and entertainments" means all
indoor or outdoor games or physical activities, either organized
or unorganized, that are undertaken for exercise, relaxation,
diversion, sport, or pleasure.
(4) "School premises" means all indoor and outdoor
structures, facilities, and land owned, rented, or leased by a
school or school district.
(B) The board of education of any city, exempted village, or
local school district shall, upon request and the payment of a
reasonable fee, subject to such regulation as is adopted by such
board, permit the use of
any school house and rooms therein and
the grounds and other property under its control premises, when
not in actual use for school purposes, for any of the following
(A)(1) Giving instructions in any branch of education,
learning, or the arts;
(B)(2) Holding educational, religious, civic, social, or
recreational meetings and entertainments, and for such other
purposes as promote the welfare of the community; provided such
meetings and entertainments shall be nonexclusive and open to the
(C)(3) Public library purposes, as a station for a public
library, or as reading rooms;
(D)(4) Polling places, for holding elections and for the
registration of voters, or for holding grange or similar meetings.
Within sixty days after the effective date of this section,
the The board of education of each school district shall adopt a
policy for the use of school facilities premises by the general
public, including a list of all fees to be paid for the use of
such facilities premises and the costs used to determine such
fees. Once adopted, the policy shall remain in effect until
formally amended by the board. A copy of the policy shall be made
available to any resident of the district upon request.
Sec. 3313.78. Upon application of a committee representing
any candidate for public office or any regularly organized or
recognized political party, the board of education having control
of any school
grounds premises mentioned in section 3313.76 of the
Revised Code, shall permit the same to be used as a place wherein
to hold meetings of electors for the discussion of public
questions and issues. No such meeting shall be held during regular
school hours. No charge shall be made for such use, but the
candidate or committee so holding a meeting shall be responsible
for any damage done or expense incurred by reason thereof.
Sec. 3313.791. (A) For purposes of this section:
(1) "School" means a school in a city, local, or exempted
village school district.
(2) "School district" means a city, local, or exempted
village school district.
(3) "School premises" has the same meaning as in section
3313.77 of the Revised Code.
(B) A school or school district, a member of a school
district board of education, or a school district or school
employee is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from the
use of school premises under section 3313.75, 3313.76, 3313.77, or
3313.78 of the Revised Code, unless the injury, death, or loss to
person or property results from willful or wanton misconduct by
the school or school district, a member of the school district
board of education, or an employee of the school district or of
any school in the district.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school or school district, member of a
school district board of education, or school district or school
employee may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
Section 2. That existing sections 3313.75, 3313.76, 3313.77,
and 3313.78 of the Revised Code are hereby repealed.