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Am. H. B. No. 334 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Hayes, Hottinger
Cosponsors:
Representatives Brenner, Becker, Butler, Amstutz, Beck, Blair, Brown, Buchy, Burkley, Conditt, Green, Hill, Lynch, Young Speaker Batchelder
A BILL
To amend sections 3313.66 and 3313.661 of the Revised
Code with respect to the expulsion of a student
from a school district, community school, or STEM
school for actions that endanger the health and
safety of other students or school employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.66 and 3313.661 of the Revised
Code be amended to read as follows:
Sec. 3313.66. (A) Except as provided under division (B)(2)
of this section, the superintendent of schools of a city, exempted
village, or local school district, or the principal of a public
school may suspend a pupil from school for not more than ten
school days. The board of education of a city, exempted village,
or local school district may adopt a policy granting assistant
principals and other administrators the authority to suspend a
pupil from school for a period of time as specified in the policy
of the board of education, not to exceed ten school days. If at
the time a suspension is imposed there are fewer than ten school
days remaining in the school year in which the incident that gives
rise to the suspension takes place, the superintendent may apply
any remaining part or all of the period of the suspension to the
following school year. Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior to
the suspension such superintendent or principal does both of the
following:
(1) Gives the pupil written notice of the intention to
suspend the pupil and the reasons for the intended suspension and,
if the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a delinquent
child for that violation;
(2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain the
pupil's actions.
(B)(1) Except as provided under division (B)(2), (3),
or (4),
(5), or (6) of this section, the superintendent of schools of a
city, exempted village, or local school district may expel a pupil
from school for a period not to exceed the greater of eighty
school days or the number of school days remaining in the semester
or term in which the incident that gives rise to the expulsion
takes place, unless the expulsion is extended pursuant to division
(F) of this section. If at the time an expulsion is imposed there
are fewer than eighty school days remaining in the school year in
which the incident that gives rise to the expulsion takes place,
the superintendent may apply any remaining part or all of the
period of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to
section 3313.662 of the Revised Code, the superintendent of
schools of a city, exempted village, or local school district
shall expel a pupil from school for a period of one year for
bringing a firearm to a school operated by the board of education
of the district or onto any other property owned or controlled by
the board, except that the superintendent may reduce this
requirement on a case-by-case basis in accordance with the policy
adopted by the board under section 3313.661 of the Revised Code.
(b) The superintendent of schools of a city, exempted
village, or local school district may expel a pupil from school
for a period of one year for bringing a firearm to an
interscholastic competition, an extracurricular event, or any
other school program or activity that is not located in a school
or on property that is owned or controlled by the district. The
superintendent may reduce this disciplinary action on a
case-by-case basis in accordance with the policy adopted by the
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this section
shall extend, as necessary, into the school year following the
school year in which the incident that gives rise to the expulsion
takes place. As used in this division, "firearm" has the same
meaning as provided pursuant to the "Gun-Free Schools Act," 115
Stat. 1762, 20 U.S.C. 7151.
(3) The board of education of a city, exempted village, or
local school district may adopt a resolution authorizing the
superintendent of schools to expel a pupil from school for a
period not to exceed one year for bringing a knife to a school
operated by the board, onto any other property owned or controlled
by the board, or to an interscholastic competition, an
extracurricular event, or any other program or activity sponsored
by the school district or in which the district is a participant,
or for possessing a firearm or knife at a school, on any other
property owned or controlled by the board, or at an
interscholastic competition, an extracurricular event, or any
other school program or activity, which firearm or knife was
initially brought onto school board property by another person.
The resolution may authorize the superintendent to extend such an
expulsion, as necessary, into the school year following the school
year in which the incident that gives rise to the expulsion takes
place.
(4) The board of education of a city, exempted village, or
local school district may adopt a resolution establishing a policy
under section 3313.661 of the Revised Code that authorizes the
superintendent of schools to expel a pupil from school for a
period not to exceed one year for committing an act that is a
criminal offense when committed by an adult and that results in
serious physical harm to persons as defined in division (A)(5) of
section 2901.01 of the Revised Code or serious physical harm to
property as defined in division (A)(6) of section 2901.01 of the
Revised Code while the pupil is at school, on any other property
owned or controlled by the board, or at an interscholastic
competition, an extracurricular event, or any other school program
or activity. Any expulsion under this division shall extend, as
necessary, into the school year following the school year in which
the incident that gives rise to the expulsion takes place.
(5) The board of education of any city, exempted village, or
local school district may adopt a resolution establishing a policy
under section 3313.661 of the Revised Code that authorizes the
superintendent of schools to expel a pupil from school for a
period not to exceed one year for making a bomb threat to a school
building or to any premises at which a school activity is
occurring at the time of the threat. Any expulsion under this
division shall extend, as necessary, into the school year
following the school year in which the incident that gives rise to
the expulsion takes place.
(6) The board of education of any city, exempted village, or
local school district may adopt a resolution establishing a policy
under section 3313.661 of the Revised Code that authorizes the
superintendent of schools to expel a pupil from school for a
period not to exceed one hundred eighty school days for actions
that the superintendent determines pose imminent and severe
endangerment to the health and safety of other pupils or school
employees, even though the pupil's actions may not qualify for
permanent exclusion under section 3313.662 of the Revised Code.
Upon the expulsion of a pupil pursuant to this division, the
superintendent shall develop conditions for that pupil to satisfy
prior to the pupil's reinstatement. The superintendent shall
provide a copy of these conditions in writing to the district
board, the pupil, and the pupil's parent, guardian, or custodian
at the beginning of the expulsion period.
One of the conditions developed by the superintendent shall
be an assessment to determine whether the pupil poses a danger to
the pupil's self or to other pupils or school employees. The
assessment shall be completed by a psychiatrist, psychologist, or
school psychologist employed or contracted by the district. The
psychiatrist, psychologist, or school psychologist shall be agreed
upon by both the district board and the pupil's parent, guardian,
or custodian. If the psychiatrist, psychologist, or school
psychologist is not employed or contracted by the district, the
cost of the assessment shall be referred for payment to the
pupil's health insurance. Any costs not covered by the pupil's
health insurance shall be split equally between the district and
the pupil's parent, guardian, or custodian. The district shall pay
in full for an assessment completed by a psychiatrist,
psychologist, or school psychologist that is employed or
contracted by the district.
(a) At the end of the expulsion period, the superintendent
shall assess the pupil and determine whether the pupil has shown
sufficient rehabilitation to be reinstated. The superintendent
shall take into consideration both the assessment by the
psychiatrist, psychologist, or school psychologist and whether or
not the pupil has met the conditions developed by the
superintendent at the beginning of the expulsion period.
In making any determination under division (B)(6) of this
section, the superintendent shall comply with the procedures
prescribed by divisions (B)(7) and (D) of this section.
(i) Upon the assessment of a pupil as required by division
(B)(6)(a) of this section, if the superintendent determines that
the pupil has shown sufficient rehabilitation, the superintendent
may reinstate that pupil.
(ii) Upon the assessment of a pupil as required by division
(B)(6)(a) of this section, if the superintendent determines that
the pupil has not shown sufficient rehabilitation, the
superintendent may extend the expulsion for an additional period
not to exceed ninety school days.
(b) If the superintendent extends the expulsion period under
division (B)(6)(a)(ii) of this section, the superintendent shall
develop conditions for that pupil to satisfy prior to that pupil's
reinstatement, which may be the same as those developed for the
original expulsion period. The superintendent shall provide a copy
of these conditions in writing to the district board, the pupil,
and the pupil's parent, guardian, or custodian at the beginning of
the extended expulsion period. At the end of the extended
expulsion period, the superintendent shall reassess the pupil in
the manner prescribed by division (B)(6)(a) of this section and
may reinstate the pupil or may extend the expulsion for another
term, not to exceed ninety school days, in the same manner as
provided in divisions (B)(6)(a)(i) and (ii) of this section. There
is no limit on the number of times the superintendent may extend
an expulsion under division (B)(6)(a)(ii) of this section.
(c) Prior to the end of the original expulsion period or of
an extended expulsion period, if the pupil has met all of the
conditions developed by the superintendent at the beginning of the
expulsion period, the superintendent may reduce the expulsion on a
case-by-case basis. In making the determination, the
superintendent shall comply with the district's policy regarding
the reduction of an expulsion period, adopted pursuant to section
3313.661 of the Revised Code.
(d) Prior to the end of the original expulsion period or of
an extended expulsion period, the pupil or the pupil's parent,
guardian, or custodian may request the superintendent to complete
an early assessment of the pupil. If requested, the superintendent
shall assess the pupil and make a determination in the manner
prescribed by division (B)(6)(a) of this section. In making the
determination, the superintendent shall comply with the district's
policy regarding the reduction of an expulsion period, adopted
pursuant to section 3313.661 of the Revised Code. A pupil or
pupil's parent, guardian, or custodian may request one early
assessment for the original expulsion period and for each extended
expulsion period under this division.
(e) Not later than five days after the beginning of the
original expulsion period or of any extended expulsion period
under division (B)(6) of this section, the superintendent, in
consultation with the pupil, and the pupil's parent, guardian, or
custodian, shall develop a plan for the continued education of the
pupil, which may include education by the district in an
alternative setting under division (I) of this section, including
instruction at home, enrollment in another district or other type
of public or nonpublic school, or any other form of instruction
that complies with Chapter 3321. of the Revised Code.
(f) The pupil or the pupil's parent, guardian, or custodian
may appeal any determination made by the superintendent pursuant
to division (B)(6) of this section in the manner prescribed by
division (E) of this section.
(7) No pupil shall be expelled under division (B)(1), (2),
(3), (4), or (5), or (6) of this section unless, prior to the
pupil's expulsion, the superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or
custodian written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or the superintendent's designee to
challenge the reasons for the intended expulsion or otherwise to
explain the pupil's actions.
The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and the pupil's parent, guardian,
custodian, or representative to appear before the superintendent
or the superintendent's designee to challenge the reasons for the
intended expulsion or otherwise to explain the pupil's action, and
notification of the time and place to appear. The time to appear
shall not be earlier than three nor later than five school days
after the notice is given, unless the superintendent grants an
extension of time at the request of the pupil or the pupil's
parent, guardian, custodian, or representative. If an extension is
granted after giving the original notice, the superintendent shall
notify the pupil and the pupil's parent, guardian, custodian, or
representative of the new time and place to appear. If the
proposed expulsion is based on a violation listed in division (A)
of section 3313.662 of the Revised Code and if the pupil is
sixteen years of age or older, the notice shall include a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a delinquent
child for that violation.
(7)(8) A superintendent of schools of a city, exempted
village, or local school district shall initiate expulsion
proceedings pursuant to this section with respect to any pupil who
has committed an act warranting expulsion under the district's
policy regarding expulsion even if the pupil has withdrawn from
school for any reason after the incident that gives rise to the
hearing but prior to the hearing or decision to impose the
expulsion. If, following the hearing, the pupil would have been
expelled for a period of time had the pupil still been enrolled in
the school, the expulsion shall be imposed for the same length of
time as on a pupil who has not withdrawn from the school.
(C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular activities or from the school premises, and a teacher
may remove a pupil from curricular activities under the teacher's
supervision, without the notice and hearing requirements of
division (A) or (B) of this section. As soon as practicable after
making such a removal, the teacher shall submit in writing to the
principal the reasons for such removal.
If a pupil is removed under this division from a curricular
activity or from the school premises, written notice of the
hearing and of the reason for the removal shall be given to the
pupil as soon as practicable prior to the hearing, which shall be
held within three school days from the time the initial removal is
ordered. The hearing shall be held in accordance with division (A)
of this section unless it is probable that the pupil may be
subject to expulsion, in which case a hearing in accordance with
division (B) of this section shall be held, except that the
hearing shall be held within three school days of the initial
removal. The individual who ordered, caused, or requested the
removal to be made shall be present at the hearing.
If the superintendent or the principal reinstates a pupil in
a curricular activity under the teacher's supervision prior to the
hearing following a removal under this division, the teacher, upon
request, shall be given in writing the reasons for such
reinstatement.
(D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and the
treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the expulsion
or suspension, notification of the right of the pupil or the
pupil's parent, guardian, or custodian to appeal the expulsion or
suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if the
suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation.
In accordance with the policy adopted by the board of
education under section 3313.661 of the Revised Code, the notice
provided under this division shall specify the manner and date by
which the pupil or the pupil's parent, guardian, or custodian
shall notify the board of the pupil's, parent's, guardian's, or
custodian's intent to appeal the expulsion or suspension to the
board or its designee.
Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and the pupil's parent, guardian, or custodian with
information about services or programs offered by public and
private agencies that work toward improving those aspects of the
pupil's attitudes and behavior that contributed to the incident
that gave rise to the pupil's expulsion. The information shall
include the names, addresses, and phone numbers of the appropriate
public and private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian may
appeal the pupil's expulsion by a superintendent or suspension by
a superintendent, principal, assistant principal, or other
administrator to the board of education or to its designee. If the
pupil or the pupil's parent, guardian, or custodian intends to
appeal the expulsion or suspension to the board or its designee,
the pupil or the pupil's parent, guardian, or custodian shall
notify the board in the manner and by the date specified in the
notice provided under division (D) of this section. The pupil or
the pupil's parent, guardian, or custodian may be represented in
all appeal proceedings and shall be granted a hearing before the
board or its designee in order to be heard against the suspension
or expulsion. At the request of the pupil or of the pupil's
parent, guardian, custodian, or attorney, the board or its
designee may hold the hearing in executive session but shall act
upon the suspension or expulsion only at a public meeting. The
board, by a majority vote of its full membership or by the action
of its designee, may affirm the order of suspension or expulsion,
reinstate the pupil, or otherwise reverse, vacate, or modify the
order of suspension or expulsion.
The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code.
This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular activity for a period of less
than one school day and is not subject to suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was sixteen
years of age or older at the time of committing the violation, if
a complaint, indictment, or information is filed alleging that the
pupil is a delinquent child based upon the commission of the
violation or the pupil is prosecuted as an adult for the
commission of the violation, and if the resultant juvenile court
or criminal proceeding is pending at the time that the expulsion
terminates, the superintendent of schools that expelled the pupil
may file a motion with the court in which the proceeding is
pending requesting an order extending the expulsion for the lesser
of an additional eighty days or the number of school days
remaining in the school year. Upon the filing of the motion, the
court immediately shall schedule a hearing and give written notice
of the time, date, and location of the hearing to the
superintendent and to the pupil and the pupil's parent, guardian,
or custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil committed
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of section
3313.662 of the Revised Code for an act that was committed when
the child was sixteen years of age or older, if the pupil has been
expelled pursuant to division (B) of this section for that
violation, and if the board of education of the school district of
the school from which the pupil was expelled has adopted a
resolution seeking the pupil's permanent exclusion, the
superintendent may file a motion with the court that convicted the
pupil or adjudicated the pupil a delinquent child requesting an
order to extend the expulsion until an adjudication order or other
determination regarding permanent exclusion is issued by the
superintendent of public instruction pursuant to section 3301.121
and division (D) of section 3313.662 of the Revised Code. Upon the
filing of the motion, the court immediately shall schedule a
hearing and give written notice of the time, date, and location of
the hearing to the superintendent of the school district, the
pupil, and the pupil's parent, guardian, or custodian. At the
hearing, the court shall determine whether there is reasonable
cause to believe the pupil's continued attendance in the public
school system may endanger the health and safety of other pupils
or school employees and, upon making that determination, shall
grant the requested extension.
(G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or the
validity of a permanent exclusion procedure that is conducted in
accordance with sections 3301.121 and 3313.662 of the Revised
Code.
(H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education of
any city, exempted village, or local school district, this section
shall apply to any student, whether or not the student is enrolled
in the district, attending or otherwise participating in any
curricular program provided in a school operated by the board or
provided on any other property owned or controlled by the board.
(I) Whenever a student is expelled under this section, the
expulsion shall result in removal of the student from the
student's regular school setting. However, during the period of
the expulsion, the board of education of the school district that
expelled the student or any board of education admitting the
student during that expulsion period may provide educational
services to the student in an alternative setting.
(J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64,
and 3313.65 of the Revised Code, any school district, after
offering an opportunity for a hearing, may temporarily deny
admittance to any pupil if one of the following applies:
(a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under
division (F) of this section, has not expired.
If a pupil is temporarily denied admission under this
division, the pupil shall be admitted to school in accordance with
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised
Code no later than upon expiration of the suspension or expulsion
period, as applicable.
(2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and
3313.65 of the Revised Code, any school district, after offering
an opportunity for a hearing, may temporarily deny admittance to
any pupil if the pupil has been expelled or otherwise removed for
disciplinary purposes from a public school in another state and
the period of expulsion or removal has not expired. If a pupil is
temporarily denied admission under this division, the pupil shall
be admitted to school in accordance with sections 3109.51 to
3109.80, 3313.64, or 3313.65 of the Revised Code no later than the
earlier of the following:
(a) Upon expiration of the expulsion or removal period
imposed by the out-of-state school;
(b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the
out-of-state school, that is no greater than the period of
expulsion that the pupil would have received under the policy
adopted by the district under section 3313.661 of the Revised Code
had the offense that gave rise to the expulsion or removal by the
out-of-state school been committed while the pupil was enrolled in
the district.
(K) As used in this section:
(1) "Permanently exclude" and "permanent exclusion" have the
same meanings as in section 3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of
the suspension in a school setting.
(3) On and after July 1, 2014, the meaning of the term
"school day" shall be construed in the manner prescribed by
section 3313.481 of the Revised Code.
Sec. 3313.661. (A) The board of education of each city,
exempted village, and local school district shall adopt a policy
regarding suspension, expulsion, removal, and permanent exclusion
that specifies the types of misconduct for which a pupil may be
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned or
controlled by the district but that is connected to activities or
incidents that have occurred on property owned or controlled by
that district and misconduct by a pupil that, regardless of where
it occurs, is directed at a district official or employee, or the
property of such official or employee. The policy shall specify
the reasons for which the superintendent of the district may
reduce the expulsion requirement in division (B)(2) of section
3313.66 of the Revised Code. If a board of education adopts a
resolution pursuant to division (B)(3) of section 3313.66 of the
Revised Code, the policy shall define the term "knife" or
"firearm," as applicable, for purposes of expulsion under that
resolution and shall specify any reasons for which the
superintendent of the district may reduce any required expulsion
period on a case-by-case basis. If a board of education adopts a
resolution pursuant to division (B)(4) or, (5), or (6) of section
3313.66 of the Revised Code, the policy shall specify any reasons
for which the superintendent of the district may reduce any
required expulsion period on a case-by-case basis. The policy also
shall set forth the acts listed in section 3313.662 of the Revised
Code for which a pupil may be permanently excluded.
The policy adopted under this division shall specify the date
and manner by which a pupil or a pupil's parent, guardian, or
custodian may notify the board of the pupil's, parent's,
guardian's, or custodian's intent to appeal an expulsion or
suspension to the board or its designee pursuant to division (E)
of section 3313.66 of the Revised Code. In the case of any
expulsion, the policy shall not specify a date that is less than
fourteen days after the date of the notice provided to the pupil
or the pupil's parent, guardian, or custodian under division (D)
of that section.
A copy of the policy shall be posted in a central location in
the school and made available to pupils upon request. No pupil
shall be suspended, expelled, or removed except in accordance with
the policy adopted by the board of education of the school
district in which the pupil attends school, and no pupil shall be
permanently excluded except in accordance with sections 3301.121
and 3313.662 of the Revised Code.
(B) A board of education may establish a program and adopt
guidelines under which a superintendent may require a pupil to
perform community service in conjunction with a suspension or
expulsion imposed under section 3313.66 of the Revised Code or in
place of a suspension or expulsion imposed under section 3313.66
of the Revised Code except for an expulsion imposed pursuant to
division (B)(2) of that section. If a board adopts guidelines
under this division, they shall permit, except with regard to an
expulsion pursuant to division (B)(2) of section 3313.66 of the
Revised Code, a superintendent to impose a community service
requirement beyond the end of the school year in lieu of applying
the suspension or expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under
this section.
(C) The written policy of each board of education that is
adopted pursuant to section 3313.20 of the Revised Code shall be
posted in a central location in each school that is subject to the
policy and shall be made available to pupils upon request.
(D) Any policy, program, or guideline adopted by a board of
education under this section with regard to suspensions or
expulsions pursuant to division (A) or (B) of section 3313.66 of
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise
participating in any curricular program provided in a school
operated by the board or provided on any other property owned or
controlled by the board.
(E) If a board of education adopts a resolution pursuant to
division (B)(6) of section 3313.66 of the Revised Code, the board
shall do both of the following:
(1) Establish guidelines for appropriate conditions that the
superintendent may develop pursuant to division (B)(6) of section
3313.66 of the Revised Code;
(2) Develop a list of alternative educational options for
pupils who are expelled under division (B)(6) of section 3313.66
of the Revised Code.
(F) As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
Section 2. That existing sections 3313.66 and 3313.661 of
the Revised Code are hereby repealed.
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