CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education (art. 6).

SEC. 2. School funds.-The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Case Notes.-2. The provision of transportation of pupils to a sectarian school at public expense does not give the religious order such control over any part of the school funds of this state as is prohibited by Ohio constitution, art. VI, sec. 2: Honohan v. Holt, 46 00 (2d) 79, 17 OMisc 57, 244 NE (2d) 537 (CP).

Public Debt and Public Works (art. 8).

SEC. 4. Credit of state; the state shall not become joint owner or stockholder.-The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual association or corporation whatever; nor shall the state ever hereafter become a joint owner, or stockholder, in any company or association in this state, or elsewhere, formed for any purpose whatever.

SEC. 5. No assumption of debts by the state.-The state shall never assume the debts of any county, city, town, or township, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the state in war.

SEC. 6. Counties, cities, towns, or townships, not authorized to become stockholders, etc.; insurance, etc.-No laws shall be passed authorizing any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever; or to raise money for, or to loan its credit to, or in aid of, any such company, corporation, or association: provided, that nothing in this section shal! prevent the insuring of public buildings or property in mutual insurance associations or companies. ***

Tax Exemptions For Nonpublic Schools

Finance and Taxation (art. 12).

SEC. 2. Limitation on tax rate; exemptions. -No property, taxed according to value, shall be so taxed in excess of one percent of its true value in money for all state and local purposes, but laws may be passed authorizing additional taxes to be levied outside of such limitation, either when approved by at least a majority of the electors of the taxing district voting on such proposition, or when provided for by the charter of a municipal corporation. Land and improvements thereon shall be taxed by uniform rule according to value, except that laws may be passed to reduce taxes by providing for a reduction in value of the homestead of residents sixty-five years of age and older, and providing

for income and other qualifications to obtain such reduction. All bonds outstanding on the 1st day of January, 1913, of the state of Ohio or of any city, village, hamlet, county or township in this state, or which have been issued in behalf of the public schools of Ohio and the means of instruction in connection therewith, which bonds were outstanding on the 1st day of January, 1913, and all bonds issued for the world war compensation fund, shall be exempt from taxation, and without limiting the general power, subject to the provisions of Article I of this constitution, to determine the subjects and methods of taxation or exemptions therefrom, general laws may be passed to exempt burying grounds, public school houses, houses used exclusively for public worship, institutions used exclusively for charitable purposes, and public property used exclusively for any public purpose, but all such laws shall be subject to alteration or repeal; and the value of all property so exempted shall, from time to time, be ascertained and published as may be directed by law. [Amended Jan. 1, 1971.]

Miscellaneous

Bill of Rights (art. 1).

SEC. 7. Rights of conscience; the necessity of religion and knowledge.*** Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. [See Const 1802, Art VIII, secs. 3, 25.]

Corporations (art. 13).

SEC. 1. Corporate powers.-The general assembly shall pass no special act conferring corporate powers.

SEC. 2. Corporations; how formed.-Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Corporations may be classified and there may be conferred upon proper boards, commissions or officers, such supervisory and regulatory powers over their organization, business and issue and sale of stocks and securities, and over the business and sale of the stocks and securities of foreign corporations and joint stock companies in this state, as may be prescribed by law. Laws may be passed regulating the sale and conveyance of other personal property, whether owned by a corporation, joint stock company or individual. [As amended Sept. 3, 1912.]

STATUTORY PROVISIONS

Education-Libraries (title 33).

Approval/Supervision/Support

Department of Education (ch. 3301).

SEC. 3301.07. Powers of state board.-The state board of education shall exercise under the acts of the legislature general supervision of the system of

(C) It shall administer and supervise the allocation and distribution of all state and federal funds for public school education under the provisions of law, and may prescribe such systems of accounting as are necessary and proper to this function. It may require county auditors and treasurers, boards of education, clerks of such boards, teachers, and other school officers and employees, or other public officers or employees, to file with it such reports as it may prescribe relating to such funds, or to the management and condition of such funds.

(D) It shall formulate and prescribe minimum standards to be applied to all elementary and high schools in this state for the purpose of requiring a general education of high quality. Such standards shall provide adequately for: a curriculum sufficient to meet the needs of pupils in every community; the certification of teachers, administrators and other professional personnel and their assignment according to training and qualifications; efficient and effective instructional materials and equipment, including library facilities; the proper organization, administration and supervision of each school, including regulations for preparing all necessary records and reports and the preparation of a statement of policies and objectives for each school; buildings, grounds, health and sanitary facilities and services; admission of pupils, and such requirements for their promotion from grade to grade as will assure that they are capable and prepared for the level of study to which they are certified; requirements for graduation; and such other factors as the board finds neces

sary.

In the formulation and administration of such standards for nonpublic schools the board shall also consider the particular needs, methods and objectives of said schools, provided they do not conflict with the provision of a general education of a high quality and provided that regular procedures shall be followed for promotion from grade to grade of pupils who have met the educational requirements prescribed.

(E) It shall formulate and prescribe minimum standards for driver education courses conducted at high schools in the state. In the formulation of standards for driver education courses. It shall call upon the director of highway safety for advice and assistance. * * *

(H) It shall cooperate with federal, state and local agencies concerned with the health and welfare of children and youth of the state of Ohio.

(I) It shall require such reports from school districts, school officers, and employees as are necessary and desirable. *** [History: 1973 S 174, eff. 12-4-73; 1973 H 274; 1972 H 81; 1971 H 475; 132 v H 380; 126 v 655; GC 154-50.]

(SEC. 3301.07.1) SEC. 3301.071. Certification of teachers in non-tax supported schools.-In the case of non-tax supported schools, standards for teacher certification prescribed under section 3301.071 of the Revised Code shall provide for certification, without further educational requirements, of any administrator, supervisor, or teacher who has attended and received a bachelor's degree from a college or university accredited by a national or regional association in the United States, or who, at the discretion of the state board of education, has an equivalent degree from a foreign college or university of comparable standing. [History: 127 v 976, sec. 1. Eff. 9-14-57.]

SEC. 3301.16. Classifying and chartering schools; definitions.—Pursuant to standards prescribed by the state board of education as provided in division (D) of section 3301.07 of the Revised Code, such board shall classify and charter school districts and individual schools within each district. Such board shall revoke the charter of any school district or school which fails to meet the standards for elementary and high schools as prescribed by the board. *** A high school is one of higher grade than an elementary school, in which instruction and training are given in accordance with sections 3301.07 and 3313.60 of the Revised Code and which also offers other subjects of study more advanced than those taught in the elementary schools and such other subjects as may be approved by the state board of education.

An elementary school is one in which instruction and training are given in accordance with sections 3301.07 and 3313.60 of the Revised Code and which offers such other subjects as may be approved by the state board of education. In districts wherein a junior high school is maintained, the elementary schools in that district may be considered to include only the work of the first six school years inclusive, plus the kindergarten year. [History: 1973 H 159, eff. 90-30-75; 1970 S 197; 132 v S 350; 126 v 655.]

Compulsory Education

School Attendance (ch. 3321).

SEC. 3321.01. Compulsory school age fixed.-A child between six and eighteen years of age is "of compulsory school age" for the purpose of sections 3321.01 to 3321.13 of the Revised Code. The compulsory school age of a child shall not commence until the beginning of the term of such schools, or other time in the school year fixed by the rules of the board of the district in which he resides. * * *

SEC. 3321.03. Compulsory school attendance.-Except as provided in this section, the parent, guardian, or other person having the care of a child of compulsory school age which child has not been determined to be incapable of profiting substantially by further instruction shall cause such child to attend a school which conforms to the minimum standards prescribed by the state board of education for the full time the school attended is in session, or shall otherwise cause him to be instructed in accordance with law. Every child of compulsory school age who has not been determined to be incapable of profiting substantially by further instruction shall attend a school which conforms to the minimum standards prescribed by the state board of education until one of the following occurs:

(A) The child receives a diploma granted by the board of education or other governing authority indicating such child has successfully completed the high school curriculum.

(B) The child receives an age and schooling certificate as provided in section 3331.01 of the Revised Code.

(C) The child is excused from school under standards adopted by the state board of education pursuant to section 3321.04 of the Revised Code. [History: GC sec. 4849-2; 120 v. 475 (560); 126 v. 655 (679), sec. 1, eff. 1-3-56; 131 v H 950, sec. 1. Eff. 8-16-65.]

SEC. 3321.04. Compulsory attendance.-Every parent, guardian, or other person having charge of any child of compulsory school age who is not employed under an age and schooling certificate and who has not been determined to be incapable of profiting substantially by further instruction, must send such child to a school, which conforms to the minimum standards prescribed by the state board of education, for the full time the school attended is in session, which shall not be for less than thirty-two weeks per school year. Such attendance must begin within the first week of the school term or within one week of the date on which the child begins to reside in the district or within one week after his withdrawal from employment.

For the purpose of operating a school on a trimester plan, "full time the school attended is in session," as used in this section means the two trimesters to which the child is assigned by the board of education. For the purpose of operating a school on a quarterly plan, "full time the school attended is in session," as used in this section, means the three quarters to which the child is assigned by the board of education. For the purpose of operating a school on a pentamester plan, “full time the school is in session," as used in this section, means the four pentamesters to which the child is assigned by the board of education.

Excuses from future attendance at or past absence from school may be granted for the causes, by the authorities, and under the following conditions: (C) The board of education of the city, exempted village, or county school district in which public school is located or the governing authorities of a private or parochial school may in the rules and regulations governing the discipline in such schools, prescribe the authority by which and the manner in

which any child may be excused for absence from such school for good and sufficient reasons.

The state board of education may by rules and regulations prescribe conditions governing the issuance of excuses which shall be binding upon the authorities empowered to issue them. [History: GC sec. 4849-3; 120 v 475 (561); 126 v 655 (679), eff. 1-3-56; 132 v S 356, eff. 5-31-68; 134 v H 475. Eff. 12-20-71.]

SEC. 3321.07. Requirements for child not attending public schools. — If any child attends upon instruction elsewhere than in a public school such instruction shall be in a school which conforms to the minimum standards prescribed by the state board of education. The hours and term of attendance exacted shall be equivalent to the hours and term of attendance required of children in public schools of the district. This section does not require a child to attend a high school instead of a vocational, commercial, or other special type of school, provided the instruction therein is for a term and for hours equivalent to those of the high school, and provided his attendance at such school will not interfere with a continuous program of education for the child to the age of sixteen. [History: GC sec. 4849-6; 120 v 475 (563); 126 v 655 (681), sec. 1, eff. 1-3-56.]

Age and Schooling Certificates (ch. 3331).

SEC. 3331.01. Issuance of certificates.- An age and school certificate may be issued only by the superintendent of schools of the district of residence of the child in whose name such certificate is issued and only upon satisfactory proof that the child to whom the certificate is issued is over sixteen years of age and has satisfactorialy completed a vocational education or special education program adequate to prepare students for an occupation. *** Any such age and schooling certificate may be issued only upon satisfactory proof that the employment contemplated by the child is not prohibited by any law regulating the employment of such children; and the employer of any minor for whom such age and schooling certificate has been issued shall keep such age and schooling certificate on file. * * * [History: GC sec. 4851; 120 v 475 (568); 126 v 655 (691), sec. 1, eff. 1-3-56; 131 v H 950, sec. 1. Eff. 7-1-67.]

SEC. 3331.02. Requirements for issuance of certificate. (GC sec. 4851-1). The superintendent of schools shall not issue an age and schooling certificate until he has received, examined, approved, and filed the following papers duly executed:

(B) The school record of the child, properly filled out and signed by the person in charge of the school which the child last attended; giving the recorded age of the child, his address, standing in studies, rating in conduct, and attendance in days during the school year of his last attendance, and if that was not a full year, during the preceding school year;

***

SEC. 3331.17. School officer neglecting or refusing to perform duty. (GC sec. 12980).- No officer of a board of education or superintendent, principal, or teacher of a public, private, or parochial school or juvenile examiner shall refuse or neglect to perform a duty imposed upon him by the laws relating to compulsory education and the issuance of age and schooling certificates or decline to give the information necessary for the execution of these laws. Continued refusals to perform such duties or give such information constitute additional violations of such laws.

Sections 4109.05 to 4109.08, inclusive, of the Revised Code apply to this section. [History: GC sec. 12980; RS sec. 4022-7; 86 v 336, secs. 8, 9; 90 v 287, sec. 7; 95 v 618, sec. 4022-7; 109 v 376 (397). Eff. 10-1-53.] Special Education

Boards of Education (Retarded Children) (ch. 3313).

SEC. 3313.88. Separate facilities for mentally retarded children.- The board of education of any school district may establish separate schools or facilities for the instruction of mentally retarded children and may: (A) Expend school funds in the establishment of such schools or facilities;

(B) Provide for the transportation of any such pupils to and from the schools or facilities established under this section;

(C) Contract with the children services board, the board of county commissioners, or any municipal corporation, to provide training for mentally retarded children upon whatever terms the contracting parties agree upon for the division of the cost of maintaining and operating the schools or facilities for such pupils. [History: 133 v S49. Eff. 8-13-69.]

Special Classes (ch. 23).

SEC. 3323.01. Classes and training of teachers for the handicapped.— (A) The state board of education may grant permission to any board of education to establish and maintain classes for the instruction of deaf or blind persons over the age of three, and physically, emotionally, or mentally handicapped persons over the age of five; and to establish and maintain child study, counseling, adjustment, parental counseling programs, and special instruction services, including home instruction, for deaf and blind persons over the age of three and for all other persons over the age of five whose learning is retarded, interrupted, or impaired by other physical, emotional, or mental handicaps. The state board of education may, by written agreement with board of trustees of any college or university, arrange with the teacher education department of such college or university for the classroom and inservice training of teachers for handicapped children.

(B) In addition to the programs authorized under division (A) of this section, the state board may, upon application by a board of education, grant permission to establish and maintain the classes and provide the services listed in that division to persons below the age limits specified in that division and may offer parental counseling services to the parents of such persons in its application, a board of education shall specify the goals and objectives of the classes and services, and in June of each year following the commencement of the offering of such classes and services the board shall submit to the state board of education a report of the extent to which the goals and objectives were met, in addition to any other information the state board of education may require with regard to such classes and services. The state board of education shall take such report into consideration when making a determination whether to grant approval to the district to continue the classes and services in succeeding years. [History: 135 v H 160. Eff. 11-21-73.]

(SEC. 3323.01.1) SEC. 3323.011. Comprehensive special education plans; interim report required.—Approval of state funds for the operation of programs and services provided pursuant to section 3323.01 of the Revised Code shall be contingent upon a comprehensive plan for special education approved by the state board of education no later than July 1, 1973. The state board of education shall not approve a school district's plan unless the plan proposed meets the educational needs of handicapped children in that school district and other school districts in the same general area.

Each school district shall submit such a plan to the state board of education by December 1, 1972. Such plan shall contain:

(A) Provision for an organizational structure and necessary staffing for the identification and placement of handicapped children in appropriate programs; (B) Provision for an organizational structure for the necessary supervision and staffing of programs and services for handicapped children;

(C) Provision for the necessary programs and services needed to meet the educational needs of every handicapped child in the school district in accordance with program standards and eligibility criteria established by the state board of education.

In approving the organization of special education, the state board of education shall provide that no school district be excluded from the statewide plan. A school district having a plan providing for a cooperative arrangement with one or more other school districts to provide classes or other suitable programs of instruction or training for all physically, emotionally, or mentally handicapped children who are residents of such school district, or which contracts with another school district for such classes, and which meets the standards established by the state board of education pursuant to section 3323.02 of the Revised Code, is in compliance with this section.

The state board of education shall submit an interim report no later than February 1, 1973, to the chairmen of the house and senate committees on education which shall contain the board's preliminary recommendations for implementing the comprehensive plan. The report shall include but shall not be limited to the following items: an analysis of the kinds and extent of special education services to be provided through the comprehensive plan, cost projections for implementing the plan, and an analysis of the availability of qualified personnel to implement the plan. The chancellor of the Ohio board of regents shall provide to the state board of education, upon request, any information which the board deems is required to analyze the availability of personnel. [History: 134 v S 405. Eff. 7-5-72.]

SEC. 3323.02. Inspection of classes; standard requirements; programs for gifted children.-The state board of education shall select competent persons to inspect at least once a year all classes and to direct and supervise such other services established under section 3323.01 of the Revised Code, and to report concerning the instruction in such classes, the conditions under which they are maintained, the conditions under which any persons enrolled in such classes are boarded, and the extent and nature of all other services related to education affecting physically, emotionally, or mentally handicapped persons. The state board of education shall prescribe standard requirements for day schools for the physically, emotionally, or mentally handicapped, and for other instruction and services for all types of handicapped persons included under section 3323.01 of the Revised Code, and for which persons any school district is entitled to state`reimbursement or aid. Such requirements shall include the conditions under which such schools are conducted, or services are rendered, the methods of instruction, child study, counseling, adjustment, and supervision, the qualifications of teachers and the personnel in charge of child study and counseling, the conditions and terms under which they are employed, the special equipment and agencies for instruction provided, and the conditions of the rooms and buildings in which the schools are held. For the purpose of encouraging the development of special programs of education for academically gifted children the state board of education shall employ competent persons to analyze and publish data, promote research, advise and counsel with boards of education, and encourage the training of teachers in the special instruction of gifted children. The state board of education may provide financial assistance out of any funds appropriated for this purpose to boards of education for developing and conducting experimental programs of education for academically gifted children. [History: GC sec. 4850-1; 120 v 475 (565); 121 v 675; 126 v 655 (684); 128 v 1036 (Eff. 11-2-59); 132 v H 729 (Eff. 12-1-67); 133 v H 1. Eff. 3-18-69.]

SEC. 3323.03. Definition of handicapped. (GC sec. 4850-2).- Any person of sound mind who, by reason of defective hearing or vision or by reason of being so crippled as to be physically unable to properly care for himself without assistance, cannot properly be educated in the public schools as other children, shall be considered deaf, blind, or crippled within the meaning of sections 3323.01 and 3323.08 of the Revised Code. Persons with partial hearing or partial vision may also be instructed under such sections and under section 3323.02 of the Revised Code. [History: GC sec. 4850-2; 120 v 475 (565), sec. 1. Eff. 10-1-53.]

SEC. 3323.10. Tuition and transportation for special instruction.—If a child who is a school resident of one school district attends in another district, a class in which some special instruction needed by the child because of his handicap is provided, the board of education of the district in which such class is located may require the payment by the board of education of the district in which he is a school resident of a sum not to exceed the tuition in the district in which such class is located for a child of normal needs of the same school grade and the determination of the amount of such tuition shall be in the manner provided for by sections 3317.05 and 3317.08 of the Revised Code. The board of the district in which such child is a school resident may contract with the board of another district for the transportation of such child into any school in such other district, on terms agreed upon by such boards. Upon direction of the state board of education the board of the district in which such child resides shall pay for his transportation and the tuition.

[History: GC sec. 4850-9; 120 v 475 (567); 126 v 655 (687), eff. 1-3-56; 130 v 763. Eff. 10-14-63.]

Schools-Deaf; Blind (ch. 3325).

SEC. 3325.01. Supervision of state schools; appointment of superinten dents.-The state school for the deaf and the state school for the blind shall be under the control and supervision of the state board of education. On the recommendation of the superintendent of public instruction, the state board of education shall appoint a superintendent for the state school for the deaf and a superintendent for the state school for the blind, each of whom shall serve at the pleasure of the state board. [History: GC sec. 154-56a; 120 v 475 (489), sec. 1; 124 v 75, sec. 1; 126 v 655 (688), sec. 1. Eff. 1-3-56.]

(SEC. 3325.01.1) SEC. 3325.011. Admission to school for the deaf; expenses paid for blind and deaf children.—Subject to the regulations adopted by the state board of education, the state school for the deaf shall be open to receive persons who are deaf, partially deaf, and both blind and deaf residents of this state, who, in the judgment of the superintendent of public instruction and the superintendent of the school for the deaf, due to such handicap, cannot be educated in the public school system and are suitable persons to receive instructions according to the methods employed in such school. The superintendent of the school for the deaf may pay the expenses necessary for the instruction of children who are both blind and deaf, who are resident(s) of this state, in any suitable institution. [History: 126 v 655 (689), sec. 1. Eff. 1-3-56.]

SEC. 3325.02. Admission to school for the blind.-Subject to the regulations adopted by the state board of education, the state school for the blind shall be open to receive such blind and partially blind persons, residents of this state, who, in the judgment of the superintendent of public instruction and the superintendent of the school for the blind, due to such handicap, cannot be educated in the public school system and are suitable persons to receive instructions according to the methods employed in such school. [History: GC sec. 154-56b; 120 v 475 (489); 126 v 655 (689), sec. 1. Eff. 1-3-56.]

Curriculum

Compiler's Note: See APPROVAL/SUPERVISION/SUPPORT, Ch. 3301, sec. 3301.07(D).

Department of Education (ch. 3301).

SEC. 3301.17. Driver education courses; reimbursement for training.—The department of education shall expend state funds to provide driver education courses to any child enrolled in a high school for which standards are prescribed by the state board of education.

Such driver education courses shall be provided in accordance with rules promulgated and enforced by the state board of education. The department of education shall contract for the use of public school facilities to provide driver education courses where practicable, or such courses may be provided at facilities established and operated, under the supervision of transportation coordinators, by the department of education. Whether the department of education contracts to use public school facilities or operates other facilities for driver education purposes, it shall expend an amount which shall not exceed fifty dollars times the number of pupils having enrolled in and completed the

course.

A commercial driver training school licensed under Chapter 4508 of the Revised Code shall receive a subsidy for each school age child who successfully completes the training school's course and who was unable to enroll in a driver education course conducted at high schools for which the state board of education prescribes minimum standards because such a course was not offered at the pupil's high school of attendance or because the pupil could not, due to scheduling difficulties, avail himself of such a course during the semester or term of the pupil's sixteenth birthday * * *