Amendment No. AM_136_1079
S. B. No. 174
As Introduced
__________________________ moved to amend as follows:
Delete lines 3850 through 3916
After line 3916, insert:
"Sec. 3105.63. (A)(1) A petition for dissolution of
marriage shall be signed by both spouses and shall have attached
and incorporated a separation agreement agreed to by both
spouses. The separation agreement shall provide for a division
of all property; spousal support; if there are minor children of
the marriage, the allocation of parental rights and
responsibilities for the care of the minor children, the
designation of a residential parent and legal custodian of the
minor children, child support, and parenting time rights; and,
if the spouses so desire, an authorization for the court to
modify the amount or terms of spousal support, or the division
of property, provided in the separation agreement. If there are
minor children of the marriage, the spouses may shall address
the allocation of the parental rights and parenting
responsibilities for the care of the minor children by including
in attaching a parenting plan to the separation agreement a plan
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under which both parents will have shared rights and share
parenting responsibilities for the care of the minor children.
The spouses shall file the plan with the petition for
dissolution of marriage and shall include in the plan the
provisions described in division (G) of section 3109.04 3109.044
of the Revised Code.
(2) The division of property in the separation agreement
shall include any participant account, as defined in section
148.01 of the Revised Code, of either of the spouses, to the
extent of the following:
(a) The moneys that have been deferred by a continuing
member or participating employee, as defined in that section,
and that have been transmitted to the public employees
retirement board during the marriage and any income that is
derived from the investment of those moneys during the marriage;
(b) The moneys that have been deferred by an officer or
employee of a municipal corporation and that have been
transmitted to the governing board, administrator, depository,
or trustee of the deferred compensation program of the municipal
corporation during the marriage and any income that is derived
from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or
employee of a government unit, as defined in section 148.06 of
the Revised Code, and that have been transmitted to the
governing board, as defined in that section, during the marriage
and any income that is derived from the investment of those
moneys during the marriage.
(3) The separation agreement shall not require or permit
the division or disbursement of the moneys and income described
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parenting responsibilities for the care of the minor children.
The spouses shall file the plan with the petition for
dissolution of marriage and shall include in the plan the
provisions described in division (G) of section 3109.04 3109.044
of the Revised Code.
(2) The division of property in the separation agreement
shall include any participant account, as defined in section
148.01 of the Revised Code, of either of the spouses, to the
extent of the following:
(a) The moneys that have been deferred by a continuing
member or participating employee, as defined in that section,
and that have been transmitted to the public employees
retirement board during the marriage and any income that is
derived from the investment of those moneys during the marriage;
(b) The moneys that have been deferred by an officer or
employee of a municipal corporation and that have been
transmitted to the governing board, administrator, depository,
or trustee of the deferred compensation program of the municipal
corporation during the marriage and any income that is derived
from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or
employee of a government unit, as defined in section 148.06 of
the Revised Code, and that have been transmitted to the
governing board, as defined in that section, during the marriage
and any income that is derived from the investment of those
moneys during the marriage.
(3) The separation agreement shall not require or permit
the division or disbursement of the moneys and income described
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in division (A)(2) of this section to occur in a manner that is
inconsistent with the law, rules, or plan governing the deferred
compensation program involved or prior to the time that the
spouse in whose name the participant account is maintained
commences receipt of the moneys and income credited to the
account in accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any
time prior to or during the hearing on the petition for
dissolution of marriage. Upon receipt of a petition for
dissolution of marriage, the court may cause an investigation to
be made pursuant to the Rules of Civil Procedure.
(C)(1) If a petition for dissolution of marriage contains
an authorization for the court to modify the amount or terms of
spousal support provided in the separation agreement, the
modification shall be in accordance with section 3105.18 of the
Revised Code.
(2) If a petition for dissolution of marriage contains an
authorization for the court to modify the division of property
provided in the separation agreement, the modification shall be
made with the express written consent or agreement of both
spouses."
In line 4813, after "shall" insert "provide written findings of fact
to support its finding and"
In line 4817, delete "object to the provision" and insert "deny the
request"
In line 4820, after "findings" insert "of fact"
In line 4827, after "plan" insert "and, if applicable, provide
written findings of fact to support its finding that another separate
parenting plan is not in the best interest of the child"
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inconsistent with the law, rules, or plan governing the deferred
compensation program involved or prior to the time that the
spouse in whose name the participant account is maintained
commences receipt of the moneys and income credited to the
account in accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any
time prior to or during the hearing on the petition for
dissolution of marriage. Upon receipt of a petition for
dissolution of marriage, the court may cause an investigation to
be made pursuant to the Rules of Civil Procedure.
(C)(1) If a petition for dissolution of marriage contains
an authorization for the court to modify the amount or terms of
spousal support provided in the separation agreement, the
modification shall be in accordance with section 3105.18 of the
Revised Code.
(2) If a petition for dissolution of marriage contains an
authorization for the court to modify the division of property
provided in the separation agreement, the modification shall be
made with the express written consent or agreement of both
spouses."
In line 4813, after "shall" insert "provide written findings of fact
to support its finding and"
In line 4817, delete "object to the provision" and insert "deny the
request"
In line 4820, after "findings" insert "of fact"
In line 4827, after "plan" insert "and, if applicable, provide
written findings of fact to support its finding that another separate
parenting plan is not in the best interest of the child"
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In line 4828, after "shall" insert "provide written findings of fact
to support its finding and"
In line 4832, delete "object to the"
In line 4833, delete "provision" and insert "deny the request"
In line 4836, after "findings" insert "of fact"
In line 4849, delete "or consider it"
In line 4850, delete "as a factor in making a final decision"
In line 5028, delete "." and insert ";"
In line 5029, after "(25)" insert "Whether a parent has
unjustifiably failed to comply with the terms of a temporary parenting
plan under section 3109.0422 of the Revised Code; a parenting plan under
section 3109.046, 3109.047, or 3109.048 of the Revised Code; or any other
similar plan or order;
(26)"
In line 5495, strike through "putative father that the"
Strike through line 5496
In line 5497, strike through "child has the putative father's
surname, or" and insert "person seeking to establish a parent and child
relationship the existence of"
In line 5498, strike through "putative"
In line 5499, strike through "father exists" and insert "person"
In line 6750, strike through "(A)" and insert "(A)(1)"
In line 6759, after "child," insert "either"
In line 6760, after "father" insert "or the mother"
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to support its finding and"
In line 4832, delete "object to the"
In line 4833, delete "provision" and insert "deny the request"
In line 4836, after "findings" insert "of fact"
In line 4849, delete "or consider it"
In line 4850, delete "as a factor in making a final decision"
In line 5028, delete "." and insert ";"
In line 5029, after "(25)" insert "Whether a parent has
unjustifiably failed to comply with the terms of a temporary parenting
plan under section 3109.0422 of the Revised Code; a parenting plan under
section 3109.046, 3109.047, or 3109.048 of the Revised Code; or any other
similar plan or order;
(26)"
In line 5495, strike through "putative father that the"
Strike through line 5496
In line 5497, strike through "child has the putative father's
surname, or" and insert "person seeking to establish a parent and child
relationship the existence of"
In line 5498, strike through "putative"
In line 5499, strike through "father exists" and insert "person"
In line 6750, strike through "(A)" and insert "(A)(1)"
In line 6759, after "child," insert "either"
In line 6760, after "father" insert "or the mother"
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In line 6762, strike through "grant him"
In line 6763, after "child" insert "allocate"; after "to" insert
"divisions (B)(1) and (2) of this section and"
In line 6764, strike through "and the" and insert ". The"
After line 6767, insert:
"(2) With regard to a request for parenting
responsibilities under division (A)(1) of this section, the
court shall waive the initial filing fee."
In line 6768, strike through "(B)" and insert "(B)(1)"
In line 6770, strike through "the"
In line 6771, strike through "of"
In line 6774, strike through "grant"
After line 6779, insert:
"(2)(a) Except as provided in division (B)(2)(b) of this
section, the court shall hold a hearing not later than thirty
days after a complaint under division (A)(1) of this section is
filed.
(b) The court is not required to hold a hearing within
thirty days for good cause shown or if both of the following are
the case:
(i) Either parent files a motion for a temporary order or
the parents file a joint parenting plan.
(ii) The court issues a temporary order pursuant to
section 3109.0422 of the Revised Code or approves the joint
parenting plan pursuant to section 3109.046 of the Revised Code.
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In line 6763, after "child" insert "allocate"; after "to" insert
"divisions (B)(1) and (2) of this section and"
In line 6764, strike through "and the" and insert ". The"
After line 6767, insert:
"(2) With regard to a request for parenting
responsibilities under division (A)(1) of this section, the
court shall waive the initial filing fee."
In line 6768, strike through "(B)" and insert "(B)(1)"
In line 6770, strike through "the"
In line 6771, strike through "of"
In line 6774, strike through "grant"
After line 6779, insert:
"(2)(a) Except as provided in division (B)(2)(b) of this
section, the court shall hold a hearing not later than thirty
days after a complaint under division (A)(1) of this section is
filed.
(b) The court is not required to hold a hearing within
thirty days for good cause shown or if both of the following are
the case:
(i) Either parent files a motion for a temporary order or
the parents file a joint parenting plan.
(ii) The court issues a temporary order pursuant to
section 3109.0422 of the Revised Code or approves the joint
parenting plan pursuant to section 3109.046 of the Revised Code.
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(3)"
In line 6785, before "The" insert "(C)"
In line 6792, before "If" insert "(D)"
In line 6799, before "Except" insert "(E)"
Delete lines 8413 through 8649
After line 8649, insert:
"Sec. 3119.01. (A) As used in the Revised Code, "child
support enforcement agency" means a child support enforcement
agency designated under former section 2301.35 of the Revised
Code prior to October 1, 1997, or a private or government entity
designated as a child support enforcement agency under section
307.981 of the Revised Code.
(B) As used in this chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a child pursuant to section 3109.19 or 3111.81 of the Revised
Code or former section 3111.211 of the Revised Code, section
3111.21 of the Revised Code as that section existed prior to
January 1, 1998, or section 3111.20 or 3111.22 of the Revised
Code as those sections existed prior to March 22, 2001.
(2) "Child support order" means either a court child
support order or an administrative child support order.
(3) "Obligee" means the person who is entitled to receive
the support payments under a support order.
(4) "Obligor" means the person who is required to pay
support under a support order.
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In line 6785, before "The" insert "(C)"
In line 6792, before "If" insert "(D)"
In line 6799, before "Except" insert "(E)"
Delete lines 8413 through 8649
After line 8649, insert:
"Sec. 3119.01. (A) As used in the Revised Code, "child
support enforcement agency" means a child support enforcement
agency designated under former section 2301.35 of the Revised
Code prior to October 1, 1997, or a private or government entity
designated as a child support enforcement agency under section
307.981 of the Revised Code.
(B) As used in this chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a child pursuant to section 3109.19 or 3111.81 of the Revised
Code or former section 3111.211 of the Revised Code, section
3111.21 of the Revised Code as that section existed prior to
January 1, 1998, or section 3111.20 or 3111.22 of the Revised
Code as those sections existed prior to March 22, 2001.
(2) "Child support order" means either a court child
support order or an administrative child support order.
(3) "Obligee" means the person who is entitled to receive
the support payments under a support order.
(4) "Obligor" means the person who is required to pay
support under a support order.
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(5) "Support order" means either an administrative child
support order or a court support order.
(C) As used in this chapter:
(1) "Caretaker" means any of the following, other than a
parent:
(a) A person with whom the child resides for at least
thirty consecutive days, and who is the child's primary
caregiver;
(b) A person who is receiving public assistance on behalf
of the child;
(c) A person or agency with legal custody of the child,
including a county department of job and family services or a
public children services agency;
(d) A guardian of the person or the estate of a child;
(e) Any other appropriate court or agency with custody of
the child.
"Caretaker" excludes a "host family" as defined under
section 2151.90 of the Revised Code.
(2) "Cash medical support" means an amount ordered to be
paid in a child support order toward the ordinary medical
expenses incurred during a calendar year.
(3) "Child care cost" means annual out-of-pocket costs for
the care and supervision of a child or children subject to the
order that is related to work or employment training.
(4) "Court child support order" means any order issued by
a court for the support of a child pursuant to Chapter 3115. of
the Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,
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support order or a court support order.
(C) As used in this chapter:
(1) "Caretaker" means any of the following, other than a
parent:
(a) A person with whom the child resides for at least
thirty consecutive days, and who is the child's primary
caregiver;
(b) A person who is receiving public assistance on behalf
of the child;
(c) A person or agency with legal custody of the child,
including a county department of job and family services or a
public children services agency;
(d) A guardian of the person or the estate of a child;
(e) Any other appropriate court or agency with custody of
the child.
"Caretaker" excludes a "host family" as defined under
section 2151.90 of the Revised Code.
(2) "Cash medical support" means an amount ordered to be
paid in a child support order toward the ordinary medical
expenses incurred during a calendar year.
(3) "Child care cost" means annual out-of-pocket costs for
the care and supervision of a child or children subject to the
order that is related to work or employment training.
(4) "Court child support order" means any order issued by
a court for the support of a child pursuant to Chapter 3115. of
the Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,
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2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3109.20,
3111.13, 3113.04, 3113.07, 3113.31, 3119.11, 3119.65, or 3119.70
of the Revised Code, or division (B) of former section 3113.21
of the Revised Code.
(5) "Court-ordered parenting time" means the amount of
parenting time a parent is to have , as defined in section
3109.04 of the Revised Code, under a parenting time court order
or the amount of time the children are to be in the physical
custody of a parent under a shared allocating parenting
orderresponsibilities.
(6) "Court support order" means either a court child
support order or an order for the support of a spouse or former
spouse issued pursuant to Chapter 3115. of the Revised Code,
section 3105.18, 3105.65, or 3113.31 of the Revised Code, or
division (B) of former section 3113.21 of the Revised Code.
(7) "CPI-U" means the consumer price index for all urban
consumers, published by the United States department of labor,
bureau of labor statistics.
(8) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar year
that exceed the total cash medical support amount owed by the
parents during that year.
(9) "Federal poverty level" has the same meaning as in
section 5121.30 of the Revised Code.
(10) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross income of the parent;
(b) For a parent who is unemployed or underemployed, the
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3111.13, 3113.04, 3113.07, 3113.31, 3119.11, 3119.65, or 3119.70
of the Revised Code, or division (B) of former section 3113.21
of the Revised Code.
(5) "Court-ordered parenting time" means the amount of
parenting time a parent is to have , as defined in section
3109.04 of the Revised Code, under a parenting time court order
or the amount of time the children are to be in the physical
custody of a parent under a shared allocating parenting
orderresponsibilities.
(6) "Court support order" means either a court child
support order or an order for the support of a spouse or former
spouse issued pursuant to Chapter 3115. of the Revised Code,
section 3105.18, 3105.65, or 3113.31 of the Revised Code, or
division (B) of former section 3113.21 of the Revised Code.
(7) "CPI-U" means the consumer price index for all urban
consumers, published by the United States department of labor,
bureau of labor statistics.
(8) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar year
that exceed the total cash medical support amount owed by the
parents during that year.
(9) "Federal poverty level" has the same meaning as in
section 5121.30 of the Revised Code.
(10) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross income of the parent;
(b) For a parent who is unemployed or underemployed, the
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sum of the gross income of the parent and any potential income
of the parent.
(11) "Income share" means the percentage derived from a
comparison of each parent's annual income after allowable
deductions and credits as indicated on the worksheet to the
total annual income of both parents.
(12) "Insurer" means any person authorized under Title
XXXIX of the Revised Code to engage in the business of insurance
in this state, any health insuring corporation, and any legal
entity that is self-insured and provides benefits to its
employees or members.
(13) "Gross income" means, except as excluded in division
(C)(13) of this section, the total of all earned and unearned
income from all sources during a calendar year, whether or not
the income is taxable, and includes income from salaries, wages,
overtime pay, and bonuses to the extent described in division
(D) of section 3119.05 of the Revised Code; commissions;
royalties; tips; rents; dividends; severance pay; pensions;
interest; trust income; annuities; social security benefits,
including retirement, disability, and survivor benefits that are
not means-tested; workers' compensation benefits; unemployment
insurance benefits; disability insurance benefits; benefits that
are not means-tested and that are received by and in the
possession of the veteran who is the beneficiary for any
service-connected disability under a program or law administered
by the United States department of veterans' affairs or
veterans' administration; spousal support actually received; and
all other sources of income. "Gross income" includes income of
members of any branch of the United States armed services or
national guard, including, amounts representing base pay, basic
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of the parent.
(11) "Income share" means the percentage derived from a
comparison of each parent's annual income after allowable
deductions and credits as indicated on the worksheet to the
total annual income of both parents.
(12) "Insurer" means any person authorized under Title
XXXIX of the Revised Code to engage in the business of insurance
in this state, any health insuring corporation, and any legal
entity that is self-insured and provides benefits to its
employees or members.
(13) "Gross income" means, except as excluded in division
(C)(13) of this section, the total of all earned and unearned
income from all sources during a calendar year, whether or not
the income is taxable, and includes income from salaries, wages,
overtime pay, and bonuses to the extent described in division
(D) of section 3119.05 of the Revised Code; commissions;
royalties; tips; rents; dividends; severance pay; pensions;
interest; trust income; annuities; social security benefits,
including retirement, disability, and survivor benefits that are
not means-tested; workers' compensation benefits; unemployment
insurance benefits; disability insurance benefits; benefits that
are not means-tested and that are received by and in the
possession of the veteran who is the beneficiary for any
service-connected disability under a program or law administered
by the United States department of veterans' affairs or
veterans' administration; spousal support actually received; and
all other sources of income. "Gross income" includes income of
members of any branch of the United States armed services or
national guard, including, amounts representing base pay, basic
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allowance for quarters, basic allowance for subsistence,
supplemental subsistence allowance, cost of living adjustment,
specialty pay, variable housing allowance, and pay for training
or other types of required drills; self-generated income; and
potential cash flow from any source.
"Gross income" does not include any of the following:
(a) Benefits received from means-tested government
administered programs, including Ohio works first; prevention,
retention, and contingency; means-tested veterans' benefits;
supplemental security income; supplemental nutrition assistance
program; disability financial assistance; or other assistance
for which eligibility is determined on the basis of income or
assets;
(b) Benefits for any service-connected disability under a
program or law administered by the United States department of
veterans' affairs or veterans' administration that are not
means-tested, that have not been distributed to the veteran who
is the beneficiary of the benefits, and that are in the
possession of the United States department of veterans' affairs
or veterans' administration;
(c) Child support amounts received for children who are
not included in the current calculation;
(d) Amounts paid for mandatory deductions from wages such
as union dues but not taxes, social security, or retirement in
lieu of social security;
(e) Nonrecurring or unsustainable income or cash flow
items;
(f) Adoption assistance, kinship guardianship assistance,
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supplemental subsistence allowance, cost of living adjustment,
specialty pay, variable housing allowance, and pay for training
or other types of required drills; self-generated income; and
potential cash flow from any source.
"Gross income" does not include any of the following:
(a) Benefits received from means-tested government
administered programs, including Ohio works first; prevention,
retention, and contingency; means-tested veterans' benefits;
supplemental security income; supplemental nutrition assistance
program; disability financial assistance; or other assistance
for which eligibility is determined on the basis of income or
assets;
(b) Benefits for any service-connected disability under a
program or law administered by the United States department of
veterans' affairs or veterans' administration that are not
means-tested, that have not been distributed to the veteran who
is the beneficiary of the benefits, and that are in the
possession of the United States department of veterans' affairs
or veterans' administration;
(c) Child support amounts received for children who are
not included in the current calculation;
(d) Amounts paid for mandatory deductions from wages such
as union dues but not taxes, social security, or retirement in
lieu of social security;
(e) Nonrecurring or unsustainable income or cash flow
items;
(f) Adoption assistance, kinship guardianship assistance,
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and foster care maintenance payments made pursuant to Title IV-E
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670
(1980), as amended;
(g) State kinship guardianship assistance described in
section 5153.163 of the Revised Code and payment from the
kinship support program described in section 5180.531 of the
Revised Code.
(14) "Nonrecurring or unsustainable income or cash flow
item" means an income or cash flow item the parent receives in
any year or for any number of years not to exceed three years
that the parent does not expect to continue to receive on a
regular basis. "Nonrecurring or unsustainable income or cash
flow item" does not include a lottery prize award that is not
paid in a lump sum or any other item of income or cash flow that
the parent receives or expects to receive for each year for a
period of more than three years or that the parent receives and
invests or otherwise uses to produce income or cash flow for a
period of more than three years.
(15) "Ordinary medical expenses" includes copayments and
deductibles, and uninsured medical-related costs for the
children of the order.
(16)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the parent or the parent's business and includes depreciation
expenses of business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(16)(a) of this section, "ordinary and necessary
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of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670
(1980), as amended;
(g) State kinship guardianship assistance described in
section 5153.163 of the Revised Code and payment from the
kinship support program described in section 5180.531 of the
Revised Code.
(14) "Nonrecurring or unsustainable income or cash flow
item" means an income or cash flow item the parent receives in
any year or for any number of years not to exceed three years
that the parent does not expect to continue to receive on a
regular basis. "Nonrecurring or unsustainable income or cash
flow item" does not include a lottery prize award that is not
paid in a lump sum or any other item of income or cash flow that
the parent receives or expects to receive for each year for a
period of more than three years or that the parent receives and
invests or otherwise uses to produce income or cash flow for a
period of more than three years.
(15) "Ordinary medical expenses" includes copayments and
deductibles, and uninsured medical-related costs for the
children of the order.
(16)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the parent or the parent's business and includes depreciation
expenses of business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(16)(a) of this section, "ordinary and necessary
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expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed
as deductions on any federal tax return of the parent or the
parent's business.
(17) "Personal earnings" means compensation paid or
payable for personal services, however denominated, and includes
wages, salary, commissions, bonuses, draws against commissions,
profit sharing, vacation pay, or any other compensation.
(18) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a
child support enforcement agency pursuant to an administrative
child support order, determines is voluntarily unemployed or
voluntarily underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from
the following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if
any;
(iv) The availability of employment in the geographic area
in which the parent resides;
(v) The prevailing wage and salary levels in the
geographic area in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to earn the imputed income;
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depreciation expenses and other noncash items that are allowed
as deductions on any federal tax return of the parent or the
parent's business.
(17) "Personal earnings" means compensation paid or
payable for personal services, however denominated, and includes
wages, salary, commissions, bonuses, draws against commissions,
profit sharing, vacation pay, or any other compensation.
(18) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a
child support enforcement agency pursuant to an administrative
child support order, determines is voluntarily unemployed or
voluntarily underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from
the following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if
any;
(iv) The availability of employment in the geographic area
in which the parent resides;
(v) The prevailing wage and salary levels in the
geographic area in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to earn the imputed income;
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(viii) The age and special needs of the child for whom
child support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) The parent's decreased earning capacity because of a
felony conviction;
(xi) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of
a parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is
significant.
(19) "Schedule" means the basic child support schedule
created pursuant to section 3119.021 of the Revised Code.
(20) "Self-generated income" means gross receipts received
by a parent from self-employment, proprietorship of a business,
joint ownership of a partnership or closely held corporation,
and rents minus ordinary and necessary expenses incurred by the
parent in generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by
a parent from self-employment, the operation of a business, or
rents, including company cars, free housing, reimbursed meals,
and other benefits, if the reimbursements are significant and
reduce personal living expenses.
(21) "Self-sufficiency reserve" means the minimal amount
necessary for an obligor to adequately subsist upon, as
determined under section 3119.021 of the Revised Code.
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child support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) The parent's decreased earning capacity because of a
felony conviction;
(xi) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of
a parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is
significant.
(19) "Schedule" means the basic child support schedule
created pursuant to section 3119.021 of the Revised Code.
(20) "Self-generated income" means gross receipts received
by a parent from self-employment, proprietorship of a business,
joint ownership of a partnership or closely held corporation,
and rents minus ordinary and necessary expenses incurred by the
parent in generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by
a parent from self-employment, the operation of a business, or
rents, including company cars, free housing, reimbursed meals,
and other benefits, if the reimbursements are significant and
reduce personal living expenses.
(21) "Self-sufficiency reserve" means the minimal amount
necessary for an obligor to adequately subsist upon, as
determined under section 3119.021 of the Revised Code.
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(22) "Split parental rights and responsibilities" means,
under a decree allocating parental rights and responsibilities
that was issued pursuant to section 3109.04 of the Revised Code
as that section existed prior to the effective date of this
amendment, a situation in which there is more than one child who
is the subject of an allocation of parental rights and
responsibilities and each parent is the residential parent and
legal custodian of at least one of those children.
(23) "Split parenting responsibilities" means, under a
parenting plan that is approved by the court and included in an
order issued under section 3109.041 of the Revised Code, a
situation in which there is more than one child who is the
subject of an allocation of parenting responsibilities and one
parent is the designated parent and legal custodian of at least
one child and the other parent is the designated parent and
legal custodian of at least one other child.
(24) "Worksheet" means the applicable worksheet created in
rules adopted under section 3119.022 of the Revised Code that is
used to calculate a parent's child support obligation."
In line 8699, after the first "be" insert "calculated and"
In line 8700, strike through "become" and insert "be payable as"
In line 8702, strike through "become" and insert "be calculated and
ordered to be paid as"
In line 8722, after the first "be" insert "calculated and"
In line 8723, delete "become" and insert "be payable as"
In line 8725, delete "become" and insert "be calculated and ordered
to be paid as"
Delete lines 9149 through 9256
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under a decree allocating parental rights and responsibilities
that was issued pursuant to section 3109.04 of the Revised Code
as that section existed prior to the effective date of this
amendment, a situation in which there is more than one child who
is the subject of an allocation of parental rights and
responsibilities and each parent is the residential parent and
legal custodian of at least one of those children.
(23) "Split parenting responsibilities" means, under a
parenting plan that is approved by the court and included in an
order issued under section 3109.041 of the Revised Code, a
situation in which there is more than one child who is the
subject of an allocation of parenting responsibilities and one
parent is the designated parent and legal custodian of at least
one child and the other parent is the designated parent and
legal custodian of at least one other child.
(24) "Worksheet" means the applicable worksheet created in
rules adopted under section 3119.022 of the Revised Code that is
used to calculate a parent's child support obligation."
In line 8699, after the first "be" insert "calculated and"
In line 8700, strike through "become" and insert "be payable as"
In line 8702, strike through "become" and insert "be calculated and
ordered to be paid as"
In line 8722, after the first "be" insert "calculated and"
In line 8723, delete "become" and insert "be payable as"
In line 8725, delete "become" and insert "be calculated and ordered
to be paid as"
Delete lines 9149 through 9256
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After line 9256, insert:
"Sec. 3310.51. As used in sections 3310.51 to 3310.64 of
the Revised Code:
(A) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the eligible
applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in
which the child is entitled to attend school or the child's
school district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a
qualified special education child, except as otherwise specified
in this division. When the marriage of the natural or adoptive
parents of the student has been terminated by a divorce,
dissolution of marriage, or annulment, or when the natural or
adoptive parents of the student are living separate and apart
under a legal separation decree, and a court has issued an order
allocating the parental rights and parenting responsibilities
with respect to the child, "eligible applicant" means the
residential designated parent as designated by the courtand
legal custodian. If the court issues issued a shared parenting
decree prior to the effective date of this amendment or approves
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"Sec. 3310.51. As used in sections 3310.51 to 3310.64 of
the Revised Code:
(A) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the eligible
applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in
which the child is entitled to attend school or the child's
school district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a
qualified special education child, except as otherwise specified
in this division. When the marriage of the natural or adoptive
parents of the student has been terminated by a divorce,
dissolution of marriage, or annulment, or when the natural or
adoptive parents of the student are living separate and apart
under a legal separation decree, and a court has issued an order
allocating the parental rights and parenting responsibilities
with respect to the child, "eligible applicant" means the
residential designated parent as designated by the courtand
legal custodian. If the court issues issued a shared parenting
decree prior to the effective date of this amendment or approves
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a shared parenting plan under section 3109.041 of the Revised
Code, "eligible applicant" means either parent. "Eligible
applicant" does not mean a parent whose custodial rights have
been terminated.
(2) The legal custodian of a qualified special education
child, when a court has granted temporary, legal, or permanent
custody of the child to an individual other than either of the
natural or adoptive parents of the child or to a government
agency;
(3) The guardian of a qualified special education child,
when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education
child, when the grandparent is the child's attorney in fact
under a power of attorney executed under sections 3109.51 to
3109.62 of the Revised Code or when the grandparent has executed
a caretaker authorization affidavit under sections 3109.65 to
3109.73 of the Revised Code;
(5) The surrogate parent appointed for a qualified special
education child pursuant to division (B) of section 3323.05 and
section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does
not have a legal custodian or guardian and the child is at least
eighteen years of age and less than twenty-two years of age.
(D) "Entitled to attend school" means entitled to attend
school in a school district under sections 3313.64 and 3313.65
of the Revised Code.
(E) "Formula ADM" has the same meaning as in section
3317.02 of the Revised Code.
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Code, "eligible applicant" means either parent. "Eligible
applicant" does not mean a parent whose custodial rights have
been terminated.
(2) The legal custodian of a qualified special education
child, when a court has granted temporary, legal, or permanent
custody of the child to an individual other than either of the
natural or adoptive parents of the child or to a government
agency;
(3) The guardian of a qualified special education child,
when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education
child, when the grandparent is the child's attorney in fact
under a power of attorney executed under sections 3109.51 to
3109.62 of the Revised Code or when the grandparent has executed
a caretaker authorization affidavit under sections 3109.65 to
3109.73 of the Revised Code;
(5) The surrogate parent appointed for a qualified special
education child pursuant to division (B) of section 3323.05 and
section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does
not have a legal custodian or guardian and the child is at least
eighteen years of age and less than twenty-two years of age.
(D) "Entitled to attend school" means entitled to attend
school in a school district under sections 3313.64 and 3313.65
of the Revised Code.
(E) "Formula ADM" has the same meaning as in section
3317.02 of the Revised Code.
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(F) "Qualified special education child" is a child for
whom all of the following conditions apply:
(1) The child is at least three years of age and less than
twenty-two years of age.
(2) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has identified the child as a child with a
disability.
(3) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(4) The child meets one of the following conditions:
(a) Was enrolled in the schools of the school district in
which the child is entitled to attend school in any grade from
preschool through twelve in the school year prior to the school
year in which a scholarship is sought for the child;
(b) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship is sought for the child;
(c) All of the following apply:
(i) The child is at least eighteen years of age and less
than twenty-two years of age.
(ii) The child is enrolled in a chartered or nonchartered
nonpublic school, is home educated in accordance with section
3321.042 of the Revised Code, or is a student older than
compulsory school age and less than twenty-two years of age and
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whom all of the following conditions apply:
(1) The child is at least three years of age and less than
twenty-two years of age.
(2) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has identified the child as a child with a
disability.
(3) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(4) The child meets one of the following conditions:
(a) Was enrolled in the schools of the school district in
which the child is entitled to attend school in any grade from
preschool through twelve in the school year prior to the school
year in which a scholarship is sought for the child;
(b) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship is sought for the child;
(c) All of the following apply:
(i) The child is at least eighteen years of age and less
than twenty-two years of age.
(ii) The child is enrolled in a chartered or nonchartered
nonpublic school, is home educated in accordance with section
3321.042 of the Revised Code, or is a student older than
compulsory school age and less than twenty-two years of age and
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received a home education in accordance with section 3321.042 of
the Revised Code and has not received a diploma under section
3313.6110 of the Revised Code.
(iii) The child is still eligible to receive transition
services under the child's individualized education program.
(5) The department of education and workforce has not
approved a scholarship for the child under the educational
choice scholarship pilot program, under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program,
under section 3310.41 of the Revised Code, or the pilot project
scholarship program, under sections 3313.974 to 3313.979 of the
Revised Code for the same school year in which a scholarship
under the Jon Peterson special needs scholarship program is
sought.
(6) The child and the child's parents are in compliance
with the state compulsory attendance law under Chapter 3321. of
the Revised Code.
(G) "Registered private provider" means a nonpublic school
or other nonpublic entity that has been registered by the
superintendent of public instruction under section 3310.58 of
the Revised Code prior to October 3, 2023, or the department of
education and workforce on or after that date.
(H) "Scholarship" means a scholarship awarded under the
Jon Peterson special needs scholarship program pursuant to
sections 3310.51 to 3310.64 of the Revised Code.
(I) "School district of residence" has the same meaning as
in section 3323.01 of the Revised Code. A community school
established under Chapter 3314. of the Revised Code is not a
"school district of residence" for purposes of sections 3310.51
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the Revised Code and has not received a diploma under section
3313.6110 of the Revised Code.
(iii) The child is still eligible to receive transition
services under the child's individualized education program.
(5) The department of education and workforce has not
approved a scholarship for the child under the educational
choice scholarship pilot program, under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program,
under section 3310.41 of the Revised Code, or the pilot project
scholarship program, under sections 3313.974 to 3313.979 of the
Revised Code for the same school year in which a scholarship
under the Jon Peterson special needs scholarship program is
sought.
(6) The child and the child's parents are in compliance
with the state compulsory attendance law under Chapter 3321. of
the Revised Code.
(G) "Registered private provider" means a nonpublic school
or other nonpublic entity that has been registered by the
superintendent of public instruction under section 3310.58 of
the Revised Code prior to October 3, 2023, or the department of
education and workforce on or after that date.
(H) "Scholarship" means a scholarship awarded under the
Jon Peterson special needs scholarship program pursuant to
sections 3310.51 to 3310.64 of the Revised Code.
(I) "School district of residence" has the same meaning as
in section 3323.01 of the Revised Code. A community school
established under Chapter 3314. of the Revised Code is not a
"school district of residence" for purposes of sections 3310.51
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to 3310.64 of the Revised Code.
(J) "School year" has the same meaning as in section
3313.62 of the Revised Code.
(K) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities. "
Delete lines 9273 through 9847
After line 9847, insert:
"Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent or legal
custodian who is the residential designated parent and legal
custodian of the child. When a child is in the legal custody of
a government agency or a person other than the child's natural
or adoptive parent, "parent" means the parent with residual
parental rights, privileges, and responsibilities. When a child
is in the permanent custody of a government agency or a person
other than the child's natural or adoptive parent, "parent"
means the parent who was divested of parental rights and
responsibilities for the care of the child and the right to have
the child live with the parent and be the legal custodian of the
child and all residual parental rights, privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
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(J) "School year" has the same meaning as in section
3313.62 of the Revised Code.
(K) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities. "
Delete lines 9273 through 9847
After line 9847, insert:
"Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent or legal
custodian who is the residential designated parent and legal
custodian of the child. When a child is in the legal custody of
a government agency or a person other than the child's natural
or adoptive parent, "parent" means the parent with residual
parental rights, privileges, and responsibilities. When a child
is in the permanent custody of a government agency or a person
other than the child's natural or adoptive parent, "parent"
means the parent who was divested of parental rights and
responsibilities for the care of the child and the right to have
the child live with the parent and be the legal custodian of the
child and all residual parental rights, privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
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"parent" means the grandparent designated as attorney in fact
under the power of attorney. When a child is the subject of a
caretaker authorization affidavit executed under sections
3109.64 to 3109.73 of the Revised Code, "parent" means the
grandparent that executed the affidavit.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home, or
other residential facility in this state that receives and cares
for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
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under the power of attorney. When a child is the subject of a
caretaker authorization affidavit executed under sections
3109.64 to 3109.73 of the Revised Code, "parent" means the
grandparent that executed the affidavit.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home, or
other residential facility in this state that receives and cares
for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
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(a) A public children services agency;
(b) An organization that holds a certificate issued by the
department of children and youth in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39 of
the Revised Code or as applicable, sections 5103.20 to 5103.22
or 5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Preschool child with a disability" has the same
meaning as in section 3323.01 of the Revised Code.
(8) "Child," unless otherwise indicated, includes
preschool children with disabilities.
(9) "Active duty" means active duty pursuant to an
executive order of the president of the United States, an act of
the congress of the United States, or section 5919.29 or 5923.21
of the Revised Code.
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(b) An organization that holds a certificate issued by the
department of children and youth in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39 of
the Revised Code or as applicable, sections 5103.20 to 5103.22
or 5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Preschool child with a disability" has the same
meaning as in section 3323.01 of the Revised Code.
(8) "Child," unless otherwise indicated, includes
preschool children with disabilities.
(9) "Active duty" means active duty pursuant to an
executive order of the president of the United States, an act of
the congress of the United States, or section 5919.29 or 5923.21
of the Revised Code.
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(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any preschool child with a disability shall be admitted to
school as provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) Except as provided in division (B)(4) of this section
or division (B) of section 2151.362 and section 3317.30 of the
Revised Code, a child who does not reside in the district where
the child's parent resides shall be admitted to the schools of
the district in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural or
adoptive parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with whom the child has been placed for adoption shall be
admitted to the schools of the district where the child resides
unless either of the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
(4)(a) A child who does not reside in the district where
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Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any preschool child with a disability shall be admitted to
school as provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) Except as provided in division (B)(4) of this section
or division (B) of section 2151.362 and section 3317.30 of the
Revised Code, a child who does not reside in the district where
the child's parent resides shall be admitted to the schools of
the district in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural or
adoptive parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with whom the child has been placed for adoption shall be
admitted to the schools of the district where the child resides
unless either of the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
(4)(a) A child who does not reside in the district where
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the child's parent resides is not required to be admitted to the
schools of the district in which the child resides if both of
the following apply:
(i) The child resides in a home, or in a facility
similarly licensed in another state, and the child was placed in
the home or facility by the child's parent in consultation with,
and upon the recommendation of, the Ohio resilience through
integrated systems and excellence program for children and youth
involved in multiple state systems.
(ii) The home provides education services that meet the
minimum education standards under division (D)(2) of section
3301.07 of the Revised Code or, in the case of a facility
located in another state, meets substantially similar
requirements of the jurisdiction where the facility is located,
except that the home or facility may provide the child with less
than the minimum number of instructional hours required only as
necessary to accommodate the child's treatment program.
(b) Upon a child's admission to a home pursuant to
division (B)(4)(a) of this section, the home shall notify the
district where the child's parent resides and the district where
the home is located that the home is providing educational
services to the child until the child is discharged. Upon a
child's admission to a facility located in another state
pursuant to division (B)(4)(a) of this section, the facility
shall notify the district where the child's parent resides that
the facility is providing educational services to the child
until the child is discharged. In either case, the district
where the child's parent resides shall continue to enroll the
student as provided in division (C)(5) of this section and shall
excuse the child from attendance until the child is discharged
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schools of the district in which the child resides if both of
the following apply:
(i) The child resides in a home, or in a facility
similarly licensed in another state, and the child was placed in
the home or facility by the child's parent in consultation with,
and upon the recommendation of, the Ohio resilience through
integrated systems and excellence program for children and youth
involved in multiple state systems.
(ii) The home provides education services that meet the
minimum education standards under division (D)(2) of section
3301.07 of the Revised Code or, in the case of a facility
located in another state, meets substantially similar
requirements of the jurisdiction where the facility is located,
except that the home or facility may provide the child with less
than the minimum number of instructional hours required only as
necessary to accommodate the child's treatment program.
(b) Upon a child's admission to a home pursuant to
division (B)(4)(a) of this section, the home shall notify the
district where the child's parent resides and the district where
the home is located that the home is providing educational
services to the child until the child is discharged. Upon a
child's admission to a facility located in another state
pursuant to division (B)(4)(a) of this section, the facility
shall notify the district where the child's parent resides that
the facility is providing educational services to the child
until the child is discharged. In either case, the district
where the child's parent resides shall continue to enroll the
student as provided in division (C)(5) of this section and shall
excuse the child from attendance until the child is discharged
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from the home or facility.
(c) Upon a child's discharge from a home or facility, the
home or facility shall notify the district where the child's
parent resides. The home or facility and the district shall
collaborate on a supportive reentry plan into school for the
child.
Division (B) of this section does not prohibit the board
of education of a school district from placing a child with a
disability who resides in the district in a special education
program outside of the district or its schools in compliance
with Chapter 3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
provided in divisions (C)(1) to (3) of this section, unless
division (C)(4) of this section applies to the child:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in accordance with section
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code
regardless of who has custody of the child or whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of this section, if the
child is in the permanent or legal custody of a government
agency or person other than the child's parent, tuition shall be
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(c) Upon a child's discharge from a home or facility, the
home or facility shall notify the district where the child's
parent resides. The home or facility and the district shall
collaborate on a supportive reentry plan into school for the
child.
Division (B) of this section does not prohibit the board
of education of a school district from placing a child with a
disability who resides in the district in a special education
program outside of the district or its schools in compliance
with Chapter 3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
provided in divisions (C)(1) to (3) of this section, unless
division (C)(4) of this section applies to the child:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in accordance with section
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code
regardless of who has custody of the child or whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of this section, if the
child is in the permanent or legal custody of a government
agency or person other than the child's parent, tuition shall be
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paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the legal or
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in legal
or permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.362 of
the Revised Code by the court at the time it vests custody of
the child in the person or government agency;
(d) If at the time the court removed the child from home
or vested legal or permanent custody of the child in the person
or government agency, whichever occurred first, one parent was
in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in
such facility or placement;
(e) If the department of education and workforce has
determined, pursuant to division (A)(2) of section 2151.362 of
the Revised Code, that a school district other than the one
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(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the legal or
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in legal
or permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.362 of
the Revised Code by the court at the time it vests custody of
the child in the person or government agency;
(d) If at the time the court removed the child from home
or vested legal or permanent custody of the child in the person
or government agency, whichever occurred first, one parent was
in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in
such facility or placement;
(e) If the department of education and workforce has
determined, pursuant to division (A)(2) of section 2151.362 of
the Revised Code, that a school district other than the one
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named in the court's initial order, or in a prior determination
of the department, is responsible to bear the cost of educating
the child, the district so determined shall be responsible for
that cost.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's parent
and the child resides in a home, tuition shall be paid by one of
the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(4) Division (C)(4) of this section applies to any child
who is admitted to a school district under division (B)(2) of
this section, resides in a home that is not a foster home, a
home maintained by the department of youth services, a detention
facility established under section 2152.41 of the Revised Code,
or a juvenile facility established under section 2151.65 of the
Revised Code, and receives educational services at the home or
facility in which the child resides pursuant to a contract
between the home or facility and the school district providing
those services.
If a child to whom division (C)(4) of this section applies
is a special education student, a district may choose whether to
receive a tuition payment for that child under division (C)(4)
of this section or to receive a payment for that child under
section 3323.14 of the Revised Code. If a district chooses to
receive a payment for that child under section 3323.14 of the
Revised Code, it shall not receive a tuition payment for that
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of the department, is responsible to bear the cost of educating
the child, the district so determined shall be responsible for
that cost.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's parent
and the child resides in a home, tuition shall be paid by one of
the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(4) Division (C)(4) of this section applies to any child
who is admitted to a school district under division (B)(2) of
this section, resides in a home that is not a foster home, a
home maintained by the department of youth services, a detention
facility established under section 2152.41 of the Revised Code,
or a juvenile facility established under section 2151.65 of the
Revised Code, and receives educational services at the home or
facility in which the child resides pursuant to a contract
between the home or facility and the school district providing
those services.
If a child to whom division (C)(4) of this section applies
is a special education student, a district may choose whether to
receive a tuition payment for that child under division (C)(4)
of this section or to receive a payment for that child under
section 3323.14 of the Revised Code. If a district chooses to
receive a payment for that child under section 3323.14 of the
Revised Code, it shall not receive a tuition payment for that
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child under division (C)(4) of this section.
If a child to whom division (C)(4) of this section applies
is not a special education student, a district shall receive a
tuition payment for that child under division (C)(4) of this
section.
In the case of a child to which division (C)(4) of this
section applies, the total educational cost to be paid for the
child shall be determined by a formula approved by the
department of education and workforce, which formula shall be
designed to calculate a per diem cost for the educational
services provided to the child for each day the child is served
and shall reflect the total actual cost incurred in providing
those services. The department shall certify the total
educational cost to be paid for the child to both the school
district providing the educational services and, if different,
the school district that is responsible to pay tuition for the
child. The department shall deduct the certified amount from the
state basic aid funds payable under Chapter 3317. of the Revised
Code to the district responsible to pay tuition and shall pay
that amount to the district providing the educational services
to the child.
(5) In the case of a child to whom division (B)(4) of this
section applies, and except as otherwise provided in division
(C)(5)(f) of this section, tuition shall be paid to the home or
facility for educational services provided to the child by the
school district in which the child's parent resides according to
the following:
(a) The total educational cost to be paid for the child
shall be determined by a formula approved by the department of
education and workforce. The department shall design the formula
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If a child to whom division (C)(4) of this section applies
is not a special education student, a district shall receive a
tuition payment for that child under division (C)(4) of this
section.
In the case of a child to which division (C)(4) of this
section applies, the total educational cost to be paid for the
child shall be determined by a formula approved by the
department of education and workforce, which formula shall be
designed to calculate a per diem cost for the educational
services provided to the child for each day the child is served
and shall reflect the total actual cost incurred in providing
those services. The department shall certify the total
educational cost to be paid for the child to both the school
district providing the educational services and, if different,
the school district that is responsible to pay tuition for the
child. The department shall deduct the certified amount from the
state basic aid funds payable under Chapter 3317. of the Revised
Code to the district responsible to pay tuition and shall pay
that amount to the district providing the educational services
to the child.
(5) In the case of a child to whom division (B)(4) of this
section applies, and except as otherwise provided in division
(C)(5)(f) of this section, tuition shall be paid to the home or
facility for educational services provided to the child by the
school district in which the child's parent resides according to
the following:
(a) The total educational cost to be paid for the child
shall be determined by a formula approved by the department of
education and workforce. The department shall design the formula
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to calculate a per diem cost for the educational services
provided to the child for each day the child is served and shall
reflect the total actual cost incurred in providing those
services. The department shall certify the total educational
cost to be paid for the child to both the home or facility
providing the educational services and the district that is
responsible to pay the tuition for the child. The department
shall deduct the certified amount from the state basic aid funds
payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the home
or facility providing the educational services to the child.
(b) The district responsible to pay tuition shall continue
to report the child in its enrollment for purposes of section
3317.03 of the Revised Code.
(c) If the parent's residence changes to a different
school district while the child resides in the home or facility,
the department of education and workforce may re-determine the
school district responsible for tuition based on evidence
provided by the district currently responsible for tuition.
(d) Upon a child's discharge from the home or facility,
the home or facility shall immediately notify the district where
the child's parent resides and the department of education and
workforce. The notification shall include a certified transcript
of all coursework completed by the child while residing in the
home or facility. The district where the child's parent resides
shall accept all coursework completed by the child while in the
home or facility and shall award credit for that coursework in
accordance with district policy.
(e) Following discharge from the home or facility and
return to the parent's residence, high school students shall
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provided to the child for each day the child is served and shall
reflect the total actual cost incurred in providing those
services. The department shall certify the total educational
cost to be paid for the child to both the home or facility
providing the educational services and the district that is
responsible to pay the tuition for the child. The department
shall deduct the certified amount from the state basic aid funds
payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the home
or facility providing the educational services to the child.
(b) The district responsible to pay tuition shall continue
to report the child in its enrollment for purposes of section
3317.03 of the Revised Code.
(c) If the parent's residence changes to a different
school district while the child resides in the home or facility,
the department of education and workforce may re-determine the
school district responsible for tuition based on evidence
provided by the district currently responsible for tuition.
(d) Upon a child's discharge from the home or facility,
the home or facility shall immediately notify the district where
the child's parent resides and the department of education and
workforce. The notification shall include a certified transcript
of all coursework completed by the child while residing in the
home or facility. The district where the child's parent resides
shall accept all coursework completed by the child while in the
home or facility and shall award credit for that coursework in
accordance with district policy.
(e) Following discharge from the home or facility and
return to the parent's residence, high school students shall
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meet requirements under section 3313.618 of the Revised Code in
order to qualify for a high school diploma that are no more
stringent than those that apply to students who enroll into an
Ohio public or chartered nonpublic high school after receiving a
home education under section 3321.042 of the Revised Code.
(f) If the child is provided educational services by a
chartered nonpublic school while residing in a home and the
child has been awarded a scholarship under a state scholarship
program, as defined in section 3301.0711 of the Revised Code, no
school district shall be responsible for paying tuition under
division (C)(5) of this section.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time spent
preparing and presenting the case, shall be deposited in the
county or city general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has initiated legal proceedings for custody of the
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order to qualify for a high school diploma that are no more
stringent than those that apply to students who enroll into an
Ohio public or chartered nonpublic high school after receiving a
home education under section 3321.042 of the Revised Code.
(f) If the child is provided educational services by a
chartered nonpublic school while residing in a home and the
child has been awarded a scholarship under a state scholarship
program, as defined in section 3301.0711 of the Revised Code, no
school district shall be responsible for paying tuition under
division (C)(5) of this section.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time spent
preparing and presenting the case, shall be deposited in the
county or city general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has initiated legal proceedings for custody of the
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child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the child
has a medical condition that may require emergency medical
attention. The parent of a child entitled to attend school under
division (F)(3) of this section shall submit to the board of
education of the district in which the parent is employed a
statement from the child's physician, certified nurse-midwife,
clinical nurse specialist, or certified nurse practitioner
certifying that the child's medical condition may require
emergency medical attention. The statement shall be supported by
such other evidence as the board may require.
(4) Any child residing with a person other than the
child's parent is entitled, for a period not to exceed twelve
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(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the child
has a medical condition that may require emergency medical
attention. The parent of a child entitled to attend school under
division (F)(3) of this section shall submit to the board of
education of the district in which the parent is employed a
statement from the child's physician, certified nurse-midwife,
clinical nurse specialist, or certified nurse practitioner
certifying that the child's medical condition may require
emergency medical attention. The statement shall be supported by
such other evidence as the board may require.
(4) Any child residing with a person other than the
child's parent is entitled, for a period not to exceed twelve
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months, to attend school in the district in which that person
resides if the child's parent files an affidavit with the
superintendent of the district in which the person with whom the
child is living resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the death of a parent, resides in a school district other than
the district in which the child attended school at the time of
the parent's death is entitled to continue to attend school in
the district in which the child attended school at the time of
the parent's death for the remainder of the school year, subject
to approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
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resides if the child's parent files an affidavit with the
superintendent of the district in which the person with whom the
child is living resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the death of a parent, resides in a school district other than
the district in which the child attended school at the time of
the parent's death is entitled to continue to attend school in
the district in which the child attended school at the time of
the parent's death for the remainder of the school year, subject
to approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
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house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing
with a parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated
in the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled
to attend school under division (F)(6) or (7) of this section
may attend without tuition obligation. A student attending a
school under division (F)(6) or (7) of this section shall be
eligible to participate in interscholastic athletics under the
auspices of that school, provided the board of education of the
school district where the student's parent resides, by a formal
action, releases the student to participate in interscholastic
athletics at the school where the student is attending, and
provided the student receives any authorization required by a
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location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing
with a parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated
in the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled
to attend school under division (F)(6) or (7) of this section
may attend without tuition obligation. A student attending a
school under division (F)(6) or (7) of this section shall be
eligible to participate in interscholastic athletics under the
auspices of that school, provided the board of education of the
school district where the student's parent resides, by a formal
action, releases the student to participate in interscholastic
athletics at the school where the student is attending, and
provided the student receives any authorization required by a
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public agency or private organization of which the school
district is a member exercising authority over interscholastic
sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district, or of an
educational service center, may be admitted to the schools of
the district where the child's parent is employed, or in the
case of a child whose parent is employed by an educational
service center, in the district that serves the location where
the parent's job is primarily located, provided the district
board of education establishes such an admission policy by
resolution adopted by a majority of its members. Any such policy
shall take effect on the first day of the school year and the
effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child
may be admitted under this policy after the first day of classes
of any school year.
(9) A child who is with the child's parent under the care
of a shelter for victims of domestic violence, as defined in
section 3113.33 of the Revised Code, is entitled to attend
school free in the district in which the child is with the
child's parent, and no other school district shall be required
to pay tuition for the child's attendance in that school
district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section
3313.672 of the Revised Code or any other records required for
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district is a member exercising authority over interscholastic
sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district, or of an
educational service center, may be admitted to the schools of
the district where the child's parent is employed, or in the
case of a child whose parent is employed by an educational
service center, in the district that serves the location where
the parent's job is primarily located, provided the district
board of education establishes such an admission policy by
resolution adopted by a majority of its members. Any such policy
shall take effect on the first day of the school year and the
effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child
may be admitted under this policy after the first day of classes
of any school year.
(9) A child who is with the child's parent under the care
of a shelter for victims of domestic violence, as defined in
section 3113.33 of the Revised Code, is entitled to attend
school free in the district in which the child is with the
child's parent, and no other school district shall be required
to pay tuition for the child's attendance in that school
district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section
3313.672 of the Revised Code or any other records required for
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enrollment. Any days of attendance and any credits earned by a
child while enrolled in a school district under this division
shall be transferred to and accepted by any school district in
which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance
with this division.
(10) Any child under the age of twenty-two years whose
parent has moved out of the school district after the
commencement of classes in the child's senior year of high
school is entitled, subject to the approval of that district
board, to attend school in the district in which the child
attended school at the time of the parental move for the
remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy
specifying extenuating circumstances under which a student may
continue to attend school under division (F)(10) of this section
for an additional period of time in order to successfully
complete the high school curriculum for the individualized
education program developed for the student by the high school
pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of twenty-
two years who is in the custody of the child's parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's grandparent resides, provided that, prior to such
attendance in any school year, the board of education of the
school district in which the child's grandparent resides and the
board of education of the school district in which the child's
parent resides enter into a written agreement specifying that
good cause exists for such attendance, describing the nature of
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child while enrolled in a school district under this division
shall be transferred to and accepted by any school district in
which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance
with this division.
(10) Any child under the age of twenty-two years whose
parent has moved out of the school district after the
commencement of classes in the child's senior year of high
school is entitled, subject to the approval of that district
board, to attend school in the district in which the child
attended school at the time of the parental move for the
remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy
specifying extenuating circumstances under which a student may
continue to attend school under division (F)(10) of this section
for an additional period of time in order to successfully
complete the high school curriculum for the individualized
education program developed for the student by the high school
pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of twenty-
two years who is in the custody of the child's parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's grandparent resides, provided that, prior to such
attendance in any school year, the board of education of the
school district in which the child's grandparent resides and the
board of education of the school district in which the child's
parent resides enter into a written agreement specifying that
good cause exists for such attendance, describing the nature of
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this good cause, and consenting to such attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending
school in the district in which the grandparent resides pursuant
to division (F)(11) of this section to complete any consent form
required by the district, including any authorization required
by sections 3313.712, 3313.713, 3313.716, and 3313.718 of the
Revised Code. Upon request, the grandparent shall complete any
consent form required by the district. A school district shall
not incur any liability solely because of its receipt of a
consent form from a grandparent in lieu of a parent.
Division (F)(11) of this section does not create, and
shall not be construed as creating, a new cause of action or
substantive legal right against a school district, a member of a
board of education, or an employee of a school district. This
section does not affect, and shall not be construed as
affecting, any immunities from defenses to tort liability
created or recognized by Chapter 2744. of the Revised Code for a
school district, member, or employee.
(12) A child under the age of twenty-two years is entitled
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B),
(C), or (E) of this section provided that, prior to such
attendance in any school year, both of the following occur:
(a) The superintendent of the district in which the child
is entitled to attend school under division (B), (C), or (E) of
this section contacts the superintendent of another district for
purposes of this division;
(b) The superintendents of both districts enter into a
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In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending
school in the district in which the grandparent resides pursuant
to division (F)(11) of this section to complete any consent form
required by the district, including any authorization required
by sections 3313.712, 3313.713, 3313.716, and 3313.718 of the
Revised Code. Upon request, the grandparent shall complete any
consent form required by the district. A school district shall
not incur any liability solely because of its receipt of a
consent form from a grandparent in lieu of a parent.
Division (F)(11) of this section does not create, and
shall not be construed as creating, a new cause of action or
substantive legal right against a school district, a member of a
board of education, or an employee of a school district. This
section does not affect, and shall not be construed as
affecting, any immunities from defenses to tort liability
created or recognized by Chapter 2744. of the Revised Code for a
school district, member, or employee.
(12) A child under the age of twenty-two years is entitled
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B),
(C), or (E) of this section provided that, prior to such
attendance in any school year, both of the following occur:
(a) The superintendent of the district in which the child
is entitled to attend school under division (B), (C), or (E) of
this section contacts the superintendent of another district for
purposes of this division;
(b) The superintendents of both districts enter into a
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written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's
physical or mental well-being or to deal with other extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is not receiving special education under Chapter
3323. of the Revised Code and notwithstanding Chapter 3327. of
the Revised Code, the board of education of neither school
district involved in the agreement is required to provide
transportation for the student to and from the school where the
student attends.
A student attending a school of a district pursuant to
this division shall be allowed to participate in all student
activities, including interscholastic athletics, at the school
where the student is attending on the same basis as any student
who has always attended the schools of that district while of
compulsory school age.
(13) All school districts shall comply with the "McKinney-
Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for
the education of homeless children. Each city, local, and
exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to
each homeless child.
When a child loses permanent housing and becomes a
homeless person, as defined in 42 U.S.C.A. 11481(5), or when a
child who is such a homeless person changes temporary living
arrangements, the child's parent or guardian shall have the
option of enrolling the child in either of the following:
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that the purpose of such attendance is to protect the student's
physical or mental well-being or to deal with other extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is not receiving special education under Chapter
3323. of the Revised Code and notwithstanding Chapter 3327. of
the Revised Code, the board of education of neither school
district involved in the agreement is required to provide
transportation for the student to and from the school where the
student attends.
A student attending a school of a district pursuant to
this division shall be allowed to participate in all student
activities, including interscholastic athletics, at the school
where the student is attending on the same basis as any student
who has always attended the schools of that district while of
compulsory school age.
(13) All school districts shall comply with the "McKinney-
Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for
the education of homeless children. Each city, local, and
exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to
each homeless child.
When a child loses permanent housing and becomes a
homeless person, as defined in 42 U.S.C.A. 11481(5), or when a
child who is such a homeless person changes temporary living
arrangements, the child's parent or guardian shall have the
option of enrolling the child in either of the following:
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(a) The child's school of origin, as defined in 42
U.S.C.A. 11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located
and that serves the geographic area in which the shelter is
located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to
attend school in the school district in which that person
resides if both of the following apply:
(a) That person has been appointed, through a military
power of attorney executed under section 574(a) of the "National
Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674
(1993), 10 U.S.C. 1044b, or through a comparable document
necessary to complete a family care plan, as the parent's agent
for the care, custody, and control of the child while the parent
is on active duty as a member of the national guard or a reserve
unit of the armed forces of the United States or because the
parent is a member of the armed forces of the United States and
is on a duty assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which
the parent's agent under the military power of attorney or
comparable document resides applies until the end of the school
year in which the military power of attorney or comparable
document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
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U.S.C.A. 11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located
and that serves the geographic area in which the shelter is
located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to
attend school in the school district in which that person
resides if both of the following apply:
(a) That person has been appointed, through a military
power of attorney executed under section 574(a) of the "National
Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674
(1993), 10 U.S.C. 1044b, or through a comparable document
necessary to complete a family care plan, as the parent's agent
for the care, custody, and control of the child while the parent
is on active duty as a member of the national guard or a reserve
unit of the armed forces of the United States or because the
parent is a member of the armed forces of the United States and
is on a duty assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which
the parent's agent under the military power of attorney or
comparable document resides applies until the end of the school
year in which the military power of attorney or comparable
document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
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district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of
the district but since that time the child or the child's parent
has relocated to a new address located outside of that school
district and within the same county as the child's or parent's
address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to
which the child was assigned at the end of the first full week
of October of the current school year, for the balance of the
school year. Division (I)(1) of this section applies only if
both of the following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
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(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of
the district but since that time the child or the child's parent
has relocated to a new address located outside of that school
district and within the same county as the child's or parent's
address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to
which the child was assigned at the end of the first full week
of October of the current school year, for the balance of the
school year. Division (I)(1) of this section applies only if
both of the following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
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full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of
the relocation outside of the school district to the
superintendent of each of the two school districts.
(2) At the beginning of the school year following the
school year in which the child or the child's parent relocated
outside of the school district as described in division (I)(1)
of this section, the child is not entitled to attend school in
the school district under that division.
(3) Any person or entity owing tuition to the school
district on behalf of the child at the end of the first full
week in October, as provided in division (C) of this section,
shall continue to owe such tuition to the district for the
child's attendance under division (I)(1) of this section for the
lesser of the balance of the school year or the balance of the
time that the child attends school in the district under
division (I)(1) of this section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent
has relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (E) of section 3313.981 of the Revised
Code, regardless of whether the district has adopted an open
enrollment policy as described in division (B)(1)(b) or (c) of
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child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of
the relocation outside of the school district to the
superintendent of each of the two school districts.
(2) At the beginning of the school year following the
school year in which the child or the child's parent relocated
outside of the school district as described in division (I)(1)
of this section, the child is not entitled to attend school in
the school district under that division.
(3) Any person or entity owing tuition to the school
district on behalf of the child at the end of the first full
week in October, as provided in division (C) of this section,
shall continue to owe such tuition to the district for the
child's attendance under division (I)(1) of this section for the
lesser of the balance of the school year or the balance of the
time that the child attends school in the district under
division (I)(1) of this section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent
has relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (E) of section 3313.981 of the Revised
Code, regardless of whether the district has adopted an open
enrollment policy as described in division (B)(1)(b) or (c) of
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section 3313.98 of the Revised Code.
(J) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division (C) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3)
of this section or section 3313.65 of the Revised Code shall
have an amount credited under division (C) of section 3317.023
of the Revised Code equal to its own tuition rate for the same
period of attendance. If the tuition rate credited to the
district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education
and workforce shall pay the district of attendance the
difference from amounts deducted from all districts' payments
under division (C) of section 3317.023 of the Revised Code but
not credited to other school districts under such division and
from appropriations made for such purpose. The treasurer of each
school district shall, by the fifteenth day of January and July,
furnish the director of education and workforce a report of the
names of each child who attended the district's schools under
divisions (C)(2) and (3) of this section or section 3313.65 of
the Revised Code during the preceding six calendar months, the
duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.
Upon receipt of the report the director, pursuant to
division (C) of section 3317.023 of the Revised Code, shall
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(J) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division (C) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3)
of this section or section 3313.65 of the Revised Code shall
have an amount credited under division (C) of section 3317.023
of the Revised Code equal to its own tuition rate for the same
period of attendance. If the tuition rate credited to the
district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education
and workforce shall pay the district of attendance the
difference from amounts deducted from all districts' payments
under division (C) of section 3317.023 of the Revised Code but
not credited to other school districts under such division and
from appropriations made for such purpose. The treasurer of each
school district shall, by the fifteenth day of January and July,
furnish the director of education and workforce a report of the
names of each child who attended the district's schools under
divisions (C)(2) and (3) of this section or section 3313.65 of
the Revised Code during the preceding six calendar months, the
duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.
Upon receipt of the report the director, pursuant to
division (C) of section 3317.023 of the Revised Code, shall
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deduct each district's tuition obligations under divisions (C)
(2) and (3) of this section or section 3313.65 of the Revised
Code and pay to the district of attendance that amount plus any
amount required to be paid by the state.
(K) In the event of a disagreement, the director of
education and workforce shall determine the school district in
which the parent resides.
(L) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the director pursuant
to sections 3301.121 and 3313.662 of the Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a
reserve unit of the armed forces of the United States and is
called to active duty, or a child whose parent is a member of
the armed forces of the United States and is ordered to a
temporary duty assignment outside of the district, may continue
to attend school in the district in which the child's parent
lived before being called to active duty or ordered to a
temporary duty assignment outside of the district, as long as
the child's parent continues to be a resident of that district,
and regardless of where the child lives as a result of the
parent's active duty status or temporary duty assignment.
However, the district is not responsible for providing
transportation for the child if the child lives outside of the
district as a result of the parent's active duty status or
temporary duty assignment."
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(2) and (3) of this section or section 3313.65 of the Revised
Code and pay to the district of attendance that amount plus any
amount required to be paid by the state.
(K) In the event of a disagreement, the director of
education and workforce shall determine the school district in
which the parent resides.
(L) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the director pursuant
to sections 3301.121 and 3313.662 of the Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a
reserve unit of the armed forces of the United States and is
called to active duty, or a child whose parent is a member of
the armed forces of the United States and is ordered to a
temporary duty assignment outside of the district, may continue
to attend school in the district in which the child's parent
lived before being called to active duty or ordered to a
temporary duty assignment outside of the district, as long as
the child's parent continues to be a resident of that district,
and regardless of where the child lives as a result of the
parent's active duty status or temporary duty assignment.
However, the district is not responsible for providing
transportation for the child if the child lives outside of the
district as a result of the parent's active duty status or
temporary duty assignment."
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"Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and parenting responsibilities with respect to the
student, "parent" means the residential designated parent and
legal custodian as designated by the court except that "parent"
means either parent when the court issues issued a shared
parenting decree prior to the effective date of this amendment
or approves a parenting plan under sections 3109.04 to 3109.0498
of the Revised Code.
(b) When a court has granted temporary or permanent
custody of the student to an individual or agency other than
either of the natural or adoptive parents of the student,
"parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
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3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and parenting responsibilities with respect to the
student, "parent" means the residential designated parent and
legal custodian as designated by the court except that "parent"
means either parent when the court issues issued a shared
parenting decree prior to the effective date of this amendment
or approves a parenting plan under sections 3109.04 to 3109.0498
of the Revised Code.
(b) When a court has granted temporary or permanent
custody of the student to an individual or agency other than
either of the natural or adoptive parents of the student,
"parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
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section 3313.64 or 3313.65 of the Revised Code to attend school
in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village, or
local school district having territory that abuts the territory
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means an
adjacent district student who enrolls in a city, exempted
village, or local school district pursuant to this section and
who also enrolls in a joint vocational school district that does
not contain the territory of the district for which that student
is a native student and does contain the territory of the city,
exempted village, or local district in which the student
enrolls.
(6) "Poverty line" means the poverty line established by
the director of the United States office of management and
budget as revised by the secretary of health and human services
in accordance with section 673(2) of the "Community Services
Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(7) "IEP" has the same meaning as in section 3323.01 of
the Revised Code.
(8) "Other district" means a city, exempted village, or
local school district having territory outside of the territory
of a district adopting a resolution under this section.
(9) "Other district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
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in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village, or
local school district having territory that abuts the territory
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means an
adjacent district student who enrolls in a city, exempted
village, or local school district pursuant to this section and
who also enrolls in a joint vocational school district that does
not contain the territory of the district for which that student
is a native student and does contain the territory of the city,
exempted village, or local district in which the student
enrolls.
(6) "Poverty line" means the poverty line established by
the director of the United States office of management and
budget as revised by the secretary of health and human services
in accordance with section 673(2) of the "Community Services
Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(7) "IEP" has the same meaning as in section 3323.01 of
the Revised Code.
(8) "Other district" means a city, exempted village, or
local school district having territory outside of the territory
of a district adopting a resolution under this section.
(9) "Other district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
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school in an other district.
(10) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school district that does not contain the territory of the
district for which that student is a native student in
accordance with a policy adopted under section 3313.983 of the
Revised Code.
(11) "Active duty member" means a member of the armed
forces of the United States who is on full-time duty.
(12) "Armed forces" means the United States army, navy,
air force, space force, marine corps, and coast guard.
(B)(1) Subject to division (I) of this section, the board
of education of each city, local, and exempted village school
district shall adopt a resolution establishing for the school
district one of the following policies:
(a) A policy that entirely prohibits the enrollment of
students from adjacent districts or other districts, other than
students for whom tuition is paid in accordance with section
3317.08 of the Revised Code;
(b) A policy that permits enrollment of students from all
adjacent districts in accordance with policy statements
contained in the resolution;
(c) A policy that permits enrollment of students from all
other districts in accordance with policy statements contained
in the resolution.
(2) A policy permitting enrollment of students from
adjacent or from other districts, as applicable, shall provide
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(10) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school district that does not contain the territory of the
district for which that student is a native student in
accordance with a policy adopted under section 3313.983 of the
Revised Code.
(11) "Active duty member" means a member of the armed
forces of the United States who is on full-time duty.
(12) "Armed forces" means the United States army, navy,
air force, space force, marine corps, and coast guard.
(B)(1) Subject to division (I) of this section, the board
of education of each city, local, and exempted village school
district shall adopt a resolution establishing for the school
district one of the following policies:
(a) A policy that entirely prohibits the enrollment of
students from adjacent districts or other districts, other than
students for whom tuition is paid in accordance with section
3317.08 of the Revised Code;
(b) A policy that permits enrollment of students from all
adjacent districts in accordance with policy statements
contained in the resolution;
(c) A policy that permits enrollment of students from all
other districts in accordance with policy statements contained
in the resolution.
(2) A policy permitting enrollment of students from
adjacent or from other districts, as applicable, shall provide
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for all of the following:
(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of the applicable district whenever an adjacent
or other district student's application is approved.
(b) Procedures for admitting adjacent or other district
applicants free of any tuition obligation to the district's
schools, including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or other district students previously enrolled in the district
shall receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
disability, except that a board may refuse to admit a student
receiving services under Chapter 3323. of the Revised Code, if
the services described in the student's IEP are not available in
the district's schools;
(3) A requirement that the student be proficient in the
English language;
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(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of the applicable district whenever an adjacent
or other district student's application is approved.
(b) Procedures for admitting adjacent or other district
applicants free of any tuition obligation to the district's
schools, including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or other district students previously enrolled in the district
shall receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
disability, except that a board may refuse to admit a student
receiving services under Chapter 3323. of the Revised Code, if
the services described in the student's IEP are not available in
the district's schools;
(3) A requirement that the student be proficient in the
English language;
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(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by the student's
district for ten consecutive days or more in the term for which
admission is sought or in the term immediately preceding the
term for which admission is sought, the procedures may include a
provision denying admission of such applicant.
(D)(1) Each school board permitting only enrollment of
adjacent district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district students shall provide information about the policy
adopted under this section, including the application procedures
and deadlines, upon request, to the board of education of any
other school district or to the parent of any student anywhere
in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging or prohibiting its native students from applying to
enroll in the schools of an adjacent or any other district that
has adopted a policy permitting such enrollment, except that a
district may object to the enrollment of a native student in an
adjacent or other district in order to maintain an appropriate
racial balance.
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been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by the student's
district for ten consecutive days or more in the term for which
admission is sought or in the term immediately preceding the
term for which admission is sought, the procedures may include a
provision denying admission of such applicant.
(D)(1) Each school board permitting only enrollment of
adjacent district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district students shall provide information about the policy
adopted under this section, including the application procedures
and deadlines, upon request, to the board of education of any
other school district or to the parent of any student anywhere
in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging or prohibiting its native students from applying to
enroll in the schools of an adjacent or any other district that
has adopted a policy permitting such enrollment, except that a
district may object to the enrollment of a native student in an
adjacent or other district in order to maintain an appropriate
racial balance.
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(2) If a board objects to enrollment of native students
under this division, any adjacent or other district shall refuse
to enroll such native students unless tuition is paid for the
students in accordance with section 3317.08 of the Revised Code.
An adjacent or other district enrolling such students may not
receive funding for those students in accordance with section
3313.981 of the Revised Code.
(G) The department of education and workforce shall
monitor school districts to ensure compliance with this section
and the districts' policies. The department may adopt rules
requiring uniform application procedures, deadlines for
application, notification procedures, and record-keeping
requirements for all school boards that adopt policies
permitting the enrollment of adjacent or other district
students, as applicable. If the department adopts such rules, no
school board shall adopt a policy that conflicts with those
rules.
(H) A resolution adopted by a board of education under
this section that entirely prohibits the enrollment of students
from adjacent and from other school districts does not abrogate
any agreement entered into under section 3313.841 or 3313.92 of
the Revised Code or any contract entered into under section
3313.90 of the Revised Code between the board of education
adopting the resolution and the board of education of any
adjacent or other district or prohibit these boards of education
from entering into any such agreement or contract.
(I) Notwithstanding anything to the contrary in this
section or section 3313.981 of the Revised Code, all of the
following apply:
(1) A policy adopted by a city, exempted village, or local
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under this division, any adjacent or other district shall refuse
to enroll such native students unless tuition is paid for the
students in accordance with section 3317.08 of the Revised Code.
An adjacent or other district enrolling such students may not
receive funding for those students in accordance with section
3313.981 of the Revised Code.
(G) The department of education and workforce shall
monitor school districts to ensure compliance with this section
and the districts' policies. The department may adopt rules
requiring uniform application procedures, deadlines for
application, notification procedures, and record-keeping
requirements for all school boards that adopt policies
permitting the enrollment of adjacent or other district
students, as applicable. If the department adopts such rules, no
school board shall adopt a policy that conflicts with those
rules.
(H) A resolution adopted by a board of education under
this section that entirely prohibits the enrollment of students
from adjacent and from other school districts does not abrogate
any agreement entered into under section 3313.841 or 3313.92 of
the Revised Code or any contract entered into under section
3313.90 of the Revised Code between the board of education
adopting the resolution and the board of education of any
adjacent or other district or prohibit these boards of education
from entering into any such agreement or contract.
(I) Notwithstanding anything to the contrary in this
section or section 3313.981 of the Revised Code, all of the
following apply:
(1) A policy adopted by a city, exempted village, or local
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school district board of education under division (B)(1)(a) or
(b) of this section shall permit any student who is not a native
student of the district to enroll in the district if both of the
following apply:
(a) The student's parent is an active duty member of the
armed forces stationed in the state.
(b) The student's parent provides to the district a copy
of the parent's official written order verifying the parent's
status as an active duty member of the armed forces.
(2) In enrolling a student pursuant to division (I) of
this section, a district shall comply with procedures prescribed
under divisions (B)(2) and (C) of this section, except as
provided in division (I)(6) of this section. In addition, the
district shall not require tuition to be paid for the student's
enrollment in the district.
(3) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(a) of
this section and who is not a native student of that district
shall, for the purposes of sections 3313.981, 3315.18, 3317.03,
and 3318.011 of the Revised Code, be considered as an "other
district student" who enrolls in a district that has adopted a
policy under division (B)(1)(c) of this section. Such student
also shall receive transportation services under section
3313.981 of the Revised Code in the same manner as an "other
district student."
(4) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(b) of
this section and who is not a native student of the district or
an adjacent district shall, nevertheless, be considered an
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(b) of this section shall permit any student who is not a native
student of the district to enroll in the district if both of the
following apply:
(a) The student's parent is an active duty member of the
armed forces stationed in the state.
(b) The student's parent provides to the district a copy
of the parent's official written order verifying the parent's
status as an active duty member of the armed forces.
(2) In enrolling a student pursuant to division (I) of
this section, a district shall comply with procedures prescribed
under divisions (B)(2) and (C) of this section, except as
provided in division (I)(6) of this section. In addition, the
district shall not require tuition to be paid for the student's
enrollment in the district.
(3) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(a) of
this section and who is not a native student of that district
shall, for the purposes of sections 3313.981, 3315.18, 3317.03,
and 3318.011 of the Revised Code, be considered as an "other
district student" who enrolls in a district that has adopted a
policy under division (B)(1)(c) of this section. Such student
also shall receive transportation services under section
3313.981 of the Revised Code in the same manner as an "other
district student."
(4) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(b) of
this section and who is not a native student of the district or
an adjacent district shall, nevertheless, be considered an
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"adjacent district student" for the purposes of sections
3313.981, 3315.18, and 3317.03 of the Revised Code.
(5) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(b) of
this section and whose parent is subsequently discharged or
released from active duty shall be permitted to attend school in
that district and receive transportation services under section
3313.981 of the Revised Code in the same manner as an "other
district student" for the remainder of the school year in which
the parent is discharged or released from active duty. After the
conclusion of that school year, that student shall not be
eligible under this division, as long as the student does not
have a parent on active duty.
(6) A school district that enrolls a student under
division (I) of this section, or that enrolls a student
described in division (I)(1) of this section under division (B)
(1)(c) of this section, shall not require the student to comply
with any application deadline established under division (B)(2)
of this section.
(J) Nothing in this section shall be construed to permit
or require the board of education of a city, exempted village,
or local school district to exclude any native student of the
district from enrolling in the district. "
Delete lines 11940 through 12114
After line 12114, insert:
"Sec. 5153.16. (A) Except as provided in section 2151.422
of the Revised Code, in accordance with rules adopted under
section 5153.166 of the Revised Code, and on behalf of children
in the county whom the public children services agency considers
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3313.981, 3315.18, and 3317.03 of the Revised Code.
(5) A student who, pursuant to this division, enrolls in a
district that has adopted a policy under division (B)(1)(b) of
this section and whose parent is subsequently discharged or
released from active duty shall be permitted to attend school in
that district and receive transportation services under section
3313.981 of the Revised Code in the same manner as an "other
district student" for the remainder of the school year in which
the parent is discharged or released from active duty. After the
conclusion of that school year, that student shall not be
eligible under this division, as long as the student does not
have a parent on active duty.
(6) A school district that enrolls a student under
division (I) of this section, or that enrolls a student
described in division (I)(1) of this section under division (B)
(1)(c) of this section, shall not require the student to comply
with any application deadline established under division (B)(2)
of this section.
(J) Nothing in this section shall be construed to permit
or require the board of education of a city, exempted village,
or local school district to exclude any native student of the
district from enrolling in the district. "
Delete lines 11940 through 12114
After line 12114, insert:
"Sec. 5153.16. (A) Except as provided in section 2151.422
of the Revised Code, in accordance with rules adopted under
section 5153.166 of the Revised Code, and on behalf of children
in the county whom the public children services agency considers
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to be in need of public care or protective services, the public
children services agency shall do all of the following:
(1) Make an investigation concerning any child alleged to
be an abused, neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of children and youth, department of mental
behavioral health and addiction services, department of
developmental disabilities, other department, any certified
organization within or outside the county, or any agency or
institution outside the state, having legal custody of any
child, with respect to the custody, care, or placement of any
child, or with respect to any matter, in the interests of the
child, provided the permanent custody of a child shall not be
transferred by a parent to the public children services agency
without the consent of the juvenile court;
(3) Enter into a contract with an agency providing
prevention services in an effort to prevent neglect or abuse, to
enhance a child's welfare, and to preserve the family unit
intact when referring a family for prevention services under
division (J) of section 2151.421 of the Revised Code.
(4) Accept custody of children committed to the public
children services agency by a court exercising juvenile
jurisdiction;
(5) Provide such care as the public children services
agency considers to be in the best interests of any child
adjudicated to be an abused, neglected, or dependent child the
agency finds to be in need of public care or service;
(6) Provide social services to any unmarried girl
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children services agency shall do all of the following:
(1) Make an investigation concerning any child alleged to
be an abused, neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of children and youth, department of mental
behavioral health and addiction services, department of
developmental disabilities, other department, any certified
organization within or outside the county, or any agency or
institution outside the state, having legal custody of any
child, with respect to the custody, care, or placement of any
child, or with respect to any matter, in the interests of the
child, provided the permanent custody of a child shall not be
transferred by a parent to the public children services agency
without the consent of the juvenile court;
(3) Enter into a contract with an agency providing
prevention services in an effort to prevent neglect or abuse, to
enhance a child's welfare, and to preserve the family unit
intact when referring a family for prevention services under
division (J) of section 2151.421 of the Revised Code.
(4) Accept custody of children committed to the public
children services agency by a court exercising juvenile
jurisdiction;
(5) Provide such care as the public children services
agency considers to be in the best interests of any child
adjudicated to be an abused, neglected, or dependent child the
agency finds to be in need of public care or service;
(6) Provide social services to any unmarried girl
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adjudicated to be an abused, neglected, or dependent child who
is pregnant with or has been delivered of a child;
(7) Make available to the children with medical handicaps
program of the department of health at its request any
information concerning a child with a disability found to be in
need of treatment under sections 3701.021 to 3701.028 of the
Revised Code who is receiving services from the public children
services agency;
(8) Provide temporary emergency care for any child
considered by the public children services agency to be in need
of such care, without agreement or commitment;
(9) Find certified foster homes, within or outside the
county, for the care of children, including children with
disabilities from other counties attending special schools in
the county;
(10) Subject to the approval of the board of county
commissioners and the department of children and youth,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such
municipal corporation or political subdivision;
(11) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster homes
for this purpose;
(12) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
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is pregnant with or has been delivered of a child;
(7) Make available to the children with medical handicaps
program of the department of health at its request any
information concerning a child with a disability found to be in
need of treatment under sections 3701.021 to 3701.028 of the
Revised Code who is receiving services from the public children
services agency;
(8) Provide temporary emergency care for any child
considered by the public children services agency to be in need
of such care, without agreement or commitment;
(9) Find certified foster homes, within or outside the
county, for the care of children, including children with
disabilities from other counties attending special schools in
the county;
(10) Subject to the approval of the board of county
commissioners and the department of children and youth,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such
municipal corporation or political subdivision;
(11) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster homes
for this purpose;
(12) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
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district children's home in cooperation with the other county
boards in the district;
(13) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of children
and youth, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency
shall not be required to provide supervision of or other
services related to the exercise of parenting time rights
granted under a parenting plan pursuant to section 3109.051
3109.044 or 3109.12 of the Revised Code or companionship or
visitation rights granted pursuant to section 3109.0513109.054,
3109.11, or 3109.12 of the Revised Code unless a juvenile court,
pursuant to Chapter 2151. of the Revised Code, or a common pleas
court, pursuant to division (E)(6) of section 3113.31 of the
Revised Code, requires the provision of supervision or other
services related to the exercise of the parenting time rights or
companionship or visitation rights;
(14) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused, neglected, or dependent child for release from
school, where such service is not provided through a school
attendance department;
(15) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5180.42
of the Revised Code;
(16) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
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boards in the district;
(13) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of children
and youth, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency
shall not be required to provide supervision of or other
services related to the exercise of parenting time rights
granted under a parenting plan pursuant to section 3109.051
3109.044 or 3109.12 of the Revised Code or companionship or
visitation rights granted pursuant to section 3109.0513109.054,
3109.11, or 3109.12 of the Revised Code unless a juvenile court,
pursuant to Chapter 2151. of the Revised Code, or a common pleas
court, pursuant to division (E)(6) of section 3113.31 of the
Revised Code, requires the provision of supervision or other
services related to the exercise of the parenting time rights or
companionship or visitation rights;
(14) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused, neglected, or dependent child for release from
school, where such service is not provided through a school
attendance department;
(15) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5180.42
of the Revised Code;
(16) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
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assistance payments under section 5153.163 of the Revised Code;
(17) Implement a system of safety and risk assessment, in
accordance with rules adopted by the director of children and
youth, to assist the public children services agency in
determining the risk of abuse or neglect to a child;
(18) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code
and comply with each fiscal agreement the board enters into
under section 307.98 of the Revised Code that include family
services duties of public children services agencies and
contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children
services agency;
(19) Make reasonable efforts to prevent the removal of an
alleged or adjudicated abused, neglected, or dependent child
from the child's home, eliminate the continued removal of the
child from the child's home, or make it possible for the child
to return home safely, except that reasonable efforts of that
nature are not required when a court has made a determination
under division (A)(2) of section 2151.419 of the Revised Code;
(20) Make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
under division (E) of section 2151.417 of the Revised Code and
to complete whatever steps are necessary to finalize the
permanent placement of the child;
(21) Administer a Title IV-A program identified under
division (A)(4)(c) or (h) of section 5101.80 of the Revised Code
that the department of children and youth provides for the
public children services agency to administer under the
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(17) Implement a system of safety and risk assessment, in
accordance with rules adopted by the director of children and
youth, to assist the public children services agency in
determining the risk of abuse or neglect to a child;
(18) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code
and comply with each fiscal agreement the board enters into
under section 307.98 of the Revised Code that include family
services duties of public children services agencies and
contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children
services agency;
(19) Make reasonable efforts to prevent the removal of an
alleged or adjudicated abused, neglected, or dependent child
from the child's home, eliminate the continued removal of the
child from the child's home, or make it possible for the child
to return home safely, except that reasonable efforts of that
nature are not required when a court has made a determination
under division (A)(2) of section 2151.419 of the Revised Code;
(20) Make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
under division (E) of section 2151.417 of the Revised Code and
to complete whatever steps are necessary to finalize the
permanent placement of the child;
(21) Administer a Title IV-A program identified under
division (A)(4)(c) or (h) of section 5101.80 of the Revised Code
that the department of children and youth provides for the
public children services agency to administer under the
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department's supervision pursuant to section 5101.801 of the
Revised Code;
(22) Administer the kinship permanency incentive program
created under section 5180.52 of the Revised Code under the
supervision of the director of children and youth;
(23) Provide independent living services pursuant to
sections 2151.81 to 2151.84 of the Revised Code;
(24) File a missing child report with a local law
enforcement agency upon becoming aware that a child in the
custody of the public children services agency is or may be
missing.
(B) The public children services agency shall use the
system implemented pursuant to division (A)(17) of this section
in connection with an investigation undertaken pursuant to
division (G)(1) of section 2151.421 of the Revised Code to
assess both of the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of
the services provided to meet child and family needs throughout
the duration of a case.
(C) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the director of children and
youth, and on behalf of children in the county whom the public
children services agency considers to be in need of public care
or protective services, the public children services agency may
do the following:
(1) Provide or find, with other child serving systems,
specialized foster care for the care of children in a
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Revised Code;
(22) Administer the kinship permanency incentive program
created under section 5180.52 of the Revised Code under the
supervision of the director of children and youth;
(23) Provide independent living services pursuant to
sections 2151.81 to 2151.84 of the Revised Code;
(24) File a missing child report with a local law
enforcement agency upon becoming aware that a child in the
custody of the public children services agency is or may be
missing.
(B) The public children services agency shall use the
system implemented pursuant to division (A)(17) of this section
in connection with an investigation undertaken pursuant to
division (G)(1) of section 2151.421 of the Revised Code to
assess both of the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of
the services provided to meet child and family needs throughout
the duration of a case.
(C) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the director of children and
youth, and on behalf of children in the county whom the public
children services agency considers to be in need of public care
or protective services, the public children services agency may
do the following:
(1) Provide or find, with other child serving systems,
specialized foster care for the care of children in a
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specialized foster home, as defined in section 5103.02 of the
Revised Code, certified under section 5103.03 of the Revised
Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of
this section, contract with the following for the purpose of
assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health
services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for
the entity under contract with the agency to perform any service
not authorized by the department's rules.
(c) Only a county children services board appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an entity specified in division (B) or (C) of
section 5153.02 of the Revised Code is the public children
services agency for a county, the board of county commissioners
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties."
Delete lines 12115 through 12172
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Revised Code, certified under section 5103.03 of the Revised
Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of
this section, contract with the following for the purpose of
assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health
services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for
the entity under contract with the agency to perform any service
not authorized by the department's rules.
(c) Only a county children services board appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an entity specified in division (B) or (C) of
section 5153.02 of the Revised Code is the public children
services agency for a county, the board of county commissioners
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties."
Delete lines 12115 through 12172
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After line 12172, insert:
"Sec. 5180.14. (A) As used in this section and sections
5180.15, 5180.16, and 5180.17 of the Revised Code:
(1) "Child care center," "type A family child care home,"
and "licensed type B family child care home" have the same
meanings as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child care center, a
type A family child care home, or a licensed type B family child
care home.
(3) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(4) "Freestanding birthing center" has the same meaning as
in section 3701.503 of the Revised Code.
(5) "Hospital" has the same meaning as in section 3722.01
of the Revised Code to which either of the following applies:
(a) The hospital has a maternity unit.
(b) The hospital receives for care infants who have been
transferred to it from other facilities and who have never been
discharged to their residences following birth.
(6) "Infant" means a child who is less than one year of
age.
(7) "Maternity unit" means the distinct portion of a
hospital in which maternity services are provided.
(8) "Other person responsible for the infant" includes a
foster caregiver.
(9) "Parent" means either parent, unless the parents are
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"Sec. 5180.14. (A) As used in this section and sections
5180.15, 5180.16, and 5180.17 of the Revised Code:
(1) "Child care center," "type A family child care home,"
and "licensed type B family child care home" have the same
meanings as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child care center, a
type A family child care home, or a licensed type B family child
care home.
(3) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(4) "Freestanding birthing center" has the same meaning as
in section 3701.503 of the Revised Code.
(5) "Hospital" has the same meaning as in section 3722.01
of the Revised Code to which either of the following applies:
(a) The hospital has a maternity unit.
(b) The hospital receives for care infants who have been
transferred to it from other facilities and who have never been
discharged to their residences following birth.
(6) "Infant" means a child who is less than one year of
age.
(7) "Maternity unit" means the distinct portion of a
hospital in which maternity services are provided.
(8) "Other person responsible for the infant" includes a
foster caregiver.
(9) "Parent" means either parent, unless the parents are
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separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent or legal
custodian who is the residential designated parent and legal
custodian of the child. "Parent" also means a prospective
adoptive parent with whom a child is placed.
(10) "Shaken baby syndrome" means signs and symptoms,
including, but not limited to, retinal hemorrhages in one or
both eyes, subdural hematoma, or brain swelling, resulting from
the violent shaking or the shaking and impacting of the head of
an infant or small child.
(B) The director of children and youth shall establish the
shaken baby syndrome education program by doing all of the
following:
(1) Developing educational materials that present readily
comprehendible information on shaken baby syndrome;
(2) Making available on the department of children and
youth web site in an easily accessible format the educational
materials developed under division (B)(1) of this section;
(3) Annually assessing the effectiveness of the shaken
baby syndrome education program by doing all of the following:
(a) Evaluating the reports received pursuant to section
5180.405 of the Revised Code;
(b) Reviewing the content of the educational materials to
determine if updates or improvements should be made;
(c) Reviewing the manner in which the educational
materials are distributed, as described in section 5180.15 of
the Revised Code, to determine if modifications to that manner
should be made.
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annulled, in which case "parent" means the parent or legal
custodian who is the residential designated parent and legal
custodian of the child. "Parent" also means a prospective
adoptive parent with whom a child is placed.
(10) "Shaken baby syndrome" means signs and symptoms,
including, but not limited to, retinal hemorrhages in one or
both eyes, subdural hematoma, or brain swelling, resulting from
the violent shaking or the shaking and impacting of the head of
an infant or small child.
(B) The director of children and youth shall establish the
shaken baby syndrome education program by doing all of the
following:
(1) Developing educational materials that present readily
comprehendible information on shaken baby syndrome;
(2) Making available on the department of children and
youth web site in an easily accessible format the educational
materials developed under division (B)(1) of this section;
(3) Annually assessing the effectiveness of the shaken
baby syndrome education program by doing all of the following:
(a) Evaluating the reports received pursuant to section
5180.405 of the Revised Code;
(b) Reviewing the content of the educational materials to
determine if updates or improvements should be made;
(c) Reviewing the manner in which the educational
materials are distributed, as described in section 5180.15 of
the Revised Code, to determine if modifications to that manner
should be made.
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(C) In meeting the requirements under division (B) of this
section, the director shall develop educational materials that,
to the extent possible, minimize administrative or financial
burdens on any of the entities or persons listed in section
5180.15 of the Revised Code."
The motion was __________ agreed to.
SYNOPSIS
Court requirements regarding parenting plans
R.C. 3109.046 and 3109.047
Requires a court to provide written findings of fact if it
finds that a joint parenting plan submitted by both parents or a
separate parenting plan submitted by one parent is not in the
best interest of the child.
Clarifies that a court must provide written findings of
fact (instead of "written findings") if it determines that
substantially equal time in a parenting plan is not in the best
interest of the child, endangers the safety of the parties, or
for other good cause shown.
Replaces a court's authority to object to a provision
included in a parenting plan that allows for substantially equal
parenting time (if the court makes certain determinations
regarding that parenting time) with authority to deny the
request for substantially equal parenting time (if those same
determinations are made).
Best interest factors
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section, the director shall develop educational materials that,
to the extent possible, minimize administrative or financial
burdens on any of the entities or persons listed in section
5180.15 of the Revised Code."
The motion was __________ agreed to.
SYNOPSIS
Court requirements regarding parenting plans
R.C. 3109.046 and 3109.047
Requires a court to provide written findings of fact if it
finds that a joint parenting plan submitted by both parents or a
separate parenting plan submitted by one parent is not in the
best interest of the child.
Clarifies that a court must provide written findings of
fact (instead of "written findings") if it determines that
substantially equal time in a parenting plan is not in the best
interest of the child, endangers the safety of the parties, or
for other good cause shown.
Replaces a court's authority to object to a provision
included in a parenting plan that allows for substantially equal
parenting time (if the court makes certain determinations
regarding that parenting time) with authority to deny the
request for substantially equal parenting time (if those same
determinations are made).
Best interest factors
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R.C. 3109.0430
Adds as a factor the court must consider in determining a
child's best interest when allocating parenting responsibilities
- whether a parent has unjustifiably failed to comply with the
terms of a temporary or permanent parenting plan or any other
similar plan or order.
Temporary parenting orders
R.C. 3109.0411 and 3109.0497 (renumbered from R.C.
3109.043)
Eliminates a provision that would have prohibited a court
from considering a temporary parenting order as a factor in
making a final decision when allocating or approving parenting
responsibilities.
Repeals law that allows the court, when determining
temporary parenting responsibilities when a parent and child
relationship has not been established, to consider whether the
putative father is named on the child's birth record or the
child has the putative father's surname.
Authorizes the court to consider the existence of a clear
pattern of a parent and child relationship between the child and
the person seeking to establish a parent and child relationship,
rather than between the child and the putative father as in
current law.
Parenting responsibilities upon paternity establishment
R.C. 3109.12
Specifies that when a child is born to an unmarried woman
and the father of the child has established paternity, either
the mother or father may file a complaint requesting the
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Adds as a factor the court must consider in determining a
child's best interest when allocating parenting responsibilities
- whether a parent has unjustifiably failed to comply with the
terms of a temporary or permanent parenting plan or any other
similar plan or order.
Temporary parenting orders
R.C. 3109.0411 and 3109.0497 (renumbered from R.C.
3109.043)
Eliminates a provision that would have prohibited a court
from considering a temporary parenting order as a factor in
making a final decision when allocating or approving parenting
responsibilities.
Repeals law that allows the court, when determining
temporary parenting responsibilities when a parent and child
relationship has not been established, to consider whether the
putative father is named on the child's birth record or the
child has the putative father's surname.
Authorizes the court to consider the existence of a clear
pattern of a parent and child relationship between the child and
the person seeking to establish a parent and child relationship,
rather than between the child and the putative father as in
current law.
Parenting responsibilities upon paternity establishment
R.C. 3109.12
Specifies that when a child is born to an unmarried woman
and the father of the child has established paternity, either
the mother or father may file a complaint requesting the
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allocation of parenting responsibilities (instead of just the
father).
Requires the court to waive the initial filing fee for
such a complaint.
Permits each parent to make a motion for a temporary order
and both parents to file a joint parenting plan.
Requires a court to hold a hearing within 30 days after a
complaint is filed unless for good cause shown or: (1) either
parent files a motion for a temporary order or both parents file
a joint parenting plan, and (2) the court issues a temporary
order or approves the joint parenting plan.
Calculation and payment of child support obligation
R.C. 3119.07 and 3119.071
Clarifies, for decrees allocating parental rights and
responsibilities issued both prior to the bill's effective date
and under the bill, the following:
-- The residential parent and legal custodian's child
support obligation is calculated and presumed (rather than
presumed) to be spent on the child and is not payable as (rather
than does not become) part of a child support order.
-- The other parent's child support obligation is
calculated and ordered to be paid as (rather than becomes) part
of a child support order.
Technical amendment - R.C. section updates
R.C. 3105.63, 3119.01, 3310.51, 3313.64, 3313.98, 5153.16,
and 5180.14
Updates sections to reflect recent enactments by the
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father).
Requires the court to waive the initial filing fee for
such a complaint.
Permits each parent to make a motion for a temporary order
and both parents to file a joint parenting plan.
Requires a court to hold a hearing within 30 days after a
complaint is filed unless for good cause shown or: (1) either
parent files a motion for a temporary order or both parents file
a joint parenting plan, and (2) the court issues a temporary
order or approves the joint parenting plan.
Calculation and payment of child support obligation
R.C. 3119.07 and 3119.071
Clarifies, for decrees allocating parental rights and
responsibilities issued both prior to the bill's effective date
and under the bill, the following:
-- The residential parent and legal custodian's child
support obligation is calculated and presumed (rather than
presumed) to be spent on the child and is not payable as (rather
than does not become) part of a child support order.
-- The other parent's child support obligation is
calculated and ordered to be paid as (rather than becomes) part
of a child support order.
Technical amendment - R.C. section updates
R.C. 3105.63, 3119.01, 3310.51, 3313.64, 3313.98, 5153.16,
and 5180.14
Updates sections to reflect recent enactments by the
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General Assembly.
Legislative Service Commission - 61 -
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Legislative Service Commission - 61 -
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