Bill Text: OH HB462 | 2011-2012 | 129th General Assembly | Engrossed

---

Bill Title: With respect to a school district's withholding or transfer to another district or school of the records of a child who is alleged or adjudicated an abused, neglected, or dependent child.

Spectrum: Slight Partisan Bill (Republican 42-22)

Status: (Engrossed - Dead) 2012-12-06 - To Education [HB462 Detail]

Download: Ohio-2011-HB462-Engrossed.html

---

As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. H. B. No. 462

Representative Pelanda 

Cosponsors: Representatives Boose, Garland, Pillich, Phillips, Hottinger, Milkovich, Blair, Stebelton, Yuko, Adams, J., Anielski, Barnes, Beck, Blessing, Brenner, Bubp, Buchy, Budish, Carney, Celebrezze, Celeste, Cera, Combs, Conditt, Damschroder, Derickson, DeVitis, Driehaus, Duffey, Gardner, Gonzales, Goyal, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Huffman, Johnson, Kozlowski, Letson, Maag, Mallory, Martin, McClain, O'Brien, Patmon, Ramos, Ruhl, Sears, Smith, Sprague, Stautberg, Stinziano, Terhar, Uecker, Wachtmann, Williams, Winburn, Young Speaker Batchelder 

---

A BILL

To amend section 3313.642 and to enact section

1

2151.272 of the Revised Code with respect to a

2

school district's withholding or transfer to

3

another district or school of the records of a

4

child who is alleged or adjudicated an abused,

5

neglected, or dependent child.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 3313.642 be amended and section	7
2151.272 of the Revised Code be enacted to read as follows:	8

Sec. 2151.272.  (A) As used in this section:

9

(1) "IEP" has the same meaning as in section 3323.01 of the	10
Revised Code.	11

(2) "504 plan" means a plan based on an evaluation conducted	12
in accordance with section 504 of the "Rehabilitation Act of	13
1973," 29 U.S.C. 794, as amended.	14

(B) Upon the filing of a complaint, under section 2151.27 of	15
the Revised Code, alleging that a child is an abused, neglected,	16
or dependent child, the judge of the court in which the complaint	17
is filed may order the board of education of the school district	18
in which the child was enrolled immediately prior to the filing of	19
the complaint to release the child's grades, credits, official	20
transcripts, IEPs, and 504 plans to any district or school in	21
which the child enrolls after the complaint is filed.	22

Sec. 3313.642.  (A) Except as provided in division (B) of	23
this section and notwithstanding the provisions of sections	24
3313.48 and 3313.64 of the Revised Code, the board of education of	25
a city, exempted village, or local school district shall not be	26
required to furnish, free of charge, to the pupils attending the	27
public schools any materials used in a course of instruction with	28
the exception of the necessary textbooks or electronic textbooks	29
required to be furnished without charge pursuant to section	30
3329.06 of the Revised Code. The board may, however, make	31
provision by appropriations transferred from the general fund of	32
the district or otherwise for furnishing free of charge any	33
materials used in a course of instruction to such pupils as it	34
determines are in serious financial need of such materials.	35

(B) No board of education of a school district shall charge a	36
fee to a pupil who is eligible for a free lunch under the	37
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,	38
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,	39
42 U.S.C. 1771, as amended, for any materials needed to enable the	40
pupil to participate fully in a course of instruction. The	41
prohibition in this division against charging a fee does not apply	42
to any fee charged for any of the following:	43

(1) Any materials needed to enable a pupil to participate	44
fully in extracurricular activities or in any pupil enrichment	45
program that is not a course of instruction;	46

(2) Any tools, equipment, and materials that are necessary	47
for workforce-readiness training within a career-technical	48
education program that, to the extent the tools, equipment, and	49
materials are not consumed, may be retained by the student upon	50
course completion.	51

(C) Boards of education may adopt rules and regulations	52
prescribing aeach of the following:	53

(1) A schedule of fees for materials used in a course of	54
instruction and prescribing a;	55

(2) A schedule of charges which may be imposed upon pupils	56
for the loss, damage, or destruction of school apparatus,	57
equipment, musical instruments, library material, textbooks, or	58
electronic textbooks required to be furnished without charge, and	59
for damage to school buildings, and.	60

Except as provided in division (D) of this section, boards of	61
education may enforce the payment of such fees and charges by	62
withholding the grades and credits of the pupils concerned.	63

(D) No board of education shall withhold the grades, credits,	64
official transcripts, diploma, IEPs, or 504 plans of a pupil for	65
nonpayment of fees for materials used in a course of instruction	66
imposed under division (C)(1) of this section, if a complaint has	67
been filed at any time in a juvenile court alleging that the pupil	68
is an abused, neglected, or dependent child or if the pupil has	69
been adjudicated an abused, neglected, or dependent child.	70

A board shall require that the grades, credits, official	71
transcripts, IEPs, or 504 plan of a pupil described in this	72
division be transferred immediately upon the receipt of either	73
another district's or school's request for those records under	74
section 3313.672 of the Revised Code or a juvenile judge's order	75
under section 2151.272 of the Revised Code. A board that is	76
required to transfer records under division (D) of this section	77
may request a copy of any order regarding the child's custody or	78
placement issued pursuant to a complaint filed under section	79
2151.27 of the Revised Code.	80

(E) Each board of education annually shall report to the	81
department of education the number of pupils for whom the board	82
sends transcripts under division (D) of this section and the total	83
amount of unpaid fees lost due to compliance with that division.	84

(F) As used in this section:

85

(1) "IEP" has the same meaning as in section 3323.01 of the	86
Revised Code.	87

(2) "504 plan" means a plan based on an evaluation conducted	88
in accordance with section 504 of the "Rehabilitation Act of	89
1973," 29 U.S.C. 794, as amended.	90

Section 2.  That existing section 3313.642 of the Revised	91
Code is hereby repealed.	92