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2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.35 | Legal Adviser of Boards of Education and Governing Board of an Educational Service Center.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section that apply to a city school district do not apply to a joint vocational or cooperative education school district unless otherwise specified.
Except in city, joint vocational, and cooperative education school districts, the prosecuting attorney of the county shall be the legal adviser of all boards of education and the governing board of an educational service center in the county in which the prosecuting attorney is serving. The prosecuting attorney shall prosecute all actions against a member or officer of a board for malfeasance or misfeasance in office, and he shall be the legal counsel of such boards or the officers thereof in all civil actions brought by or against them and shall conduct such actions in his official capacity . In the case of educational service centers created under section 3311.053 of the Revised Code, the legal adviser shall be the prosecuting attorney of the county in which the largest number of pupils supervised by the governing board of the educational service center reside. In joint vocational and cooperative education school districts the legal adviser shall be the prosecuting attorney of the most populous county containing a school district which is a member of the joint vocational or cooperative education school district. When such civil action is between two or more boards in the same county, the prosecuting attorney shall not be required to act for either of them. In city school districts, the city director of law shall be the legal adviser and attorney for the board thereof, and shall perform the same services for such board as required of the prosecuting attorney for other boards of the county. Such duties shall devolve upon any official serving in a capacity similar to that of prosecuting attorney or city director of law for the territory wherein a school district is situated regardless of his official designation. In a district which becomes a city school district pursuant to section 3311.10 of the Revised Code, the legal adviser shall be the solicitor or director of law of the largest of the municipal corporations all or a part of which is included within the school district boundaries. No compensation in addition to such officer's regular salary shall be allowed for such services.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.351 | Information Regarding Contracting With Online Service Providers.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
The attorney general may educate school districts about contracting with any entity that provides students with account-based access to a web site or an online service, including electronic mail.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.36 | Acceptance of Bequests, Gifts, or Endowments.

Effective:
June 13, 1990
Latest Legislation:
House Bill 292 - 118th General Assembly
(A) By the adoption of a resolution, a board of education may accept any bequest made to it by will or may accept any gift or endowment upon the conditions and stipulations contained in the will or connected with the gift or endowment. For the purpose of enabling the board to carry out the conditions and limitations upon which a bequest, gift, or endowment is made, it may make all rules required to fully carry them into effect. No such bequest, gift, or endowment shall be accepted by the board if the conditions remove any portion of the public schools from the control of the board.
(B) By the adoption of a resolution, a board may direct the school district treasurer to pay the proceeds of any bequest, gift, or endowment given to the district for the education foundation fund or given without conditions or limitations into the education foundation fund established by section 3315.40 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.371 | Governing Board of Service Center May Borrow Money to Purchase Computer Equipment.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
The governing board of any educational service center may borrow money for the purpose of purchasing computer equipment, subject to the terms and conditions agreed to by the governing board and the lender. The principal and interest on such indebtedness shall be discharged solely from the revenues available to the educational service center governing board, and the proceeds of the loan shall be used solely for the purpose of purchasing computer equipment.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.373 | Shared-Savings Contract.

Effective:
October 1, 1985
Latest Legislation:
House Bill 264 - 116th General Assembly
(A) As used in this section:
(1) "Energy saving measure" means both of the following:
(a) The acquisition and installation, by purchase, lease, lease purchase, lease with an option to buy, or installment purchase, of an energy conservation measure as defined in section 3313.372 of the Revised Code and any attendant architectural and engineering consulting services.
(b) Architectural and engineering consulting services related to energy conservation.
(2) "Shared-savings contract" means a contract for one or more energy savings measures, which contract provides that all payments, except payments for maintenance and repairs and obligations on termination of the contract prior to its expiration, are to be a stated percentage of calculated savings of energy costs attributable to the energy saving measure over a defined period of time and are to be made only to the extent that such savings occur. A contract that requires any additional capital investment or contribution of funds, other than funds available from state or federal energy grants, or that is for an initial term of longer than ten years is not a shared-savings contract.
(B) The board of education of a city, local, exempted village, or joint vocational school district may enter into a shared-savings contract with any person experienced in the design and implementation of energy saving measures for buildings owned or rented by the board. Such contract is not subject to section 3313.46 of the Revised Code. If the contract is for a term extending beyond the fiscal year, it shall be considered to be a continuing contract within the meaning of division (D) of section 5705.41 of the Revised Code. A board of education entering into an installment contract under this section shall also comply with section 3313.372 of the Revised Code.
(C) In the case of a shared-savings contract running beyond the fiscal year in which it is entered into, the board shall include in its annual appropriations measure for each subsequent year any amounts payable under shared-savings contracts during such year and shall furnish the certification required by section 5705.44 of the Revised Code, but the failure of a board to make such an appropriation or furnish the certificates referred to in division (D) of section 5705.41, or 5705.412 or 5705.44 of the Revised Code, shall not affect the validity of the shared-savings contract or the board's obligations under the contract.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.374 | Installment Payment Contract for Construction and Purchase of Administrative Offices.

Effective:
June 30, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
(A) This section applies only to city, exempted village, and local school districts to which both of the following apply:
(1) The board of education of the district has entered into rental agreements for administrative office facilities for at least ten consecutive years;
(2) The rent paid by the board has increased at an average annual percentage rate of not less than four per cent during the ten-year period immediately preceding the date on which the board adopts the resolution described in division (B) of this section.
(B) A board of education may adopt a resolution to enter into an installment payment contract for the construction and purchase of office facilities on land owned by the board to be used for administrative offices of the school district. The provisions of the contract dealing with interest charges and financing terms shall not be subject to the competitive bidding requirements of section 3313.46 of the Revised Code. The provisions of the contract dealing with the construction of office facilities shall be subject to division (A) of section 3313.46 of the Revised Code. The contract shall be on the following terms:
(1) The term of the installment payment contract shall not exceed fifteen years, measured from the date of the installment payment contract;
(2) Installment payments shall be made not less frequently than every six months during the term of the contract except the contract may provide for the first payment to be made not later than eleven months after the date of the contract;
(3) The total amount of the installment payments becoming due and payable during any twelve-month period after the school district has occupied the facilities shall be substantially equal; except the total amount of installment payments becoming due and payable in the final twelve-month period of the contract may be lower than the total amount due and payable in earlier twelve-month periods.
(4) Provision may be made for capitalizing interest charges during the period of construction of the office facilities.
(C) The board may issue notes of the school district signed by the president and treasurer of the board and securing the installment payments provided in this section, payable at the times provided and bearing interest at a rate not exceeding the rate determined as provided in section 9.95 of the Revised Code. The notes may contain an option for prepayment and shall not be subject to Chapter 133. of the Revised Code.
(D) Debt incurred under this section shall not be included in the calculation of net indebtedness of a school district under section 133.06 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.375 | Lease-Purchase Agreement for Building or Improvements to Building.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The board of education of a city, local, exempted village, or joint vocational school district, the governing board of an educational service center, or the governing authority of a community school may enter into a lease-purchase agreement providing for construction; enlarging or other improvement, furnishing, and equipping; lease; and eventual acquisition of facilities or improvements to facilities, including but not limited to buildings, playgrounds, parking lots, athletic facilities, and safety enhancements for any school district, educational service center, or community school purpose. The agreement shall provide for a lease for a series of one-year renewable lease terms totaling not more than the number of years equivalent to the useful life of the asset and in no event more than thirty years. The agreement shall provide that at the end of the series of lease terms provided for in the agreement the title to the leased property shall be vested in the school district or educational service center, if all obligations of the school district, educational service center, or community school provided for in the agreement have been satisfied. The agreement may, in addition to the rental payments, require the school district, educational service center, or community school to pay the lessor a lump-sum amount as a condition of obtaining title to the leased property. In conjunction with the agreement, a school district board of education, an educational service center governing board, or a governing authority of a community school may grant leases, easements, or licenses for underlying land or facilities under the board's control for terms not exceeding five years beyond the final renewal term of the lease-purchase agreement entered into pursuant to this section. Payments under the agreement may be deemed to be, and paid as, current operating expenses.
The obligations under a lease-purchase agreement entered into pursuant to this section shall not be considered to be net indebtedness of a school district under section 133.06 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.376 | Service Centers May Jointly Purchase Commodities.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in this section, "client school district" means a city, exempted village, or local school district that has entered into an agreement under section 3313.843 or 3313.845 of the Revised Code to receive any services from an educational service center.
For the purpose of obtaining quantity discounts in purchasing textbooks; computer equipment, including computer software; school buses; and natural gas, electricity, and other utility services, the governing boards of two or more educational service centers may enter into agreements, including installment purchase and lease-purchase contracts, to jointly purchase such commodities to be utilized by client school districts of the educational service centers.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.38 | Residence for Principal or Teacher When School District Inaccessible From Mainland.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of education of a school district that is inaccessible from the mainland at some time of the year for any reason may purchase, erect, or rent, and maintain a residence for a principal or teacher, when in the opinion of a majority of the members of the board it is necessary to insure adequate personnel for the schools of such district. To provide a sum sufficient for the purchase price, the cost of the erection, or the cost of renting such residence an additional tax may be levied upon all the taxable property in the school district, in such amount as the board determines. The question of levying such tax, and the amount thereof, shall be separately submitted to the qualified electors of the school district at a general or special election. Twenty days' notice thereof shall be previously given by posting notice of such election in at least three public places in the school district. Such notice shall state specifically the amount to be raised and the purposes thereof. If a majority of all votes cast at such election upon the proposition are in favor thereof, the tax provided for shall be authorized.
Upon authorization of the tax levy the members of the board may issue notes in anticipation of such revenues to mature in not more than two years from the date of issue and to bear interest at not more than four per cent per annum.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.39 | Appropriation of Land.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When it is necessary, in the opinion of any board of education, to procure or enlarge: (A) any site for a building to be used for public school purposes whether as classrooms, auditorium, or for technical training, administrative, storage, or other educational purposes; (B) grounds to be used for agricultural purposes, athletic field, or playground for children; (C) any site for the purpose of erecting and maintaining buildings to be used as homes or houses for public school teachers when the cost of such erection has been contributed by private donations; (D) any site for the purpose of providing an outlet to dispose of sewage for a school building or grounds, the board may proceed to appropriate such property in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.40 | Exchange of Real Estate.

Effective:
January 16, 1980
Latest Legislation:
House Bill 44 - 113th General Assembly
Upon a vote of a majority of the members of a board of education and a concurring vote of the legislative authority of a municipal corporation, declaring that an exchange of real estate held by such board for school purposes for real estate held by such municipal corporation for municipal purposes will be mutually beneficial to such school district and municipal corporation, such exchange may be made by conveyances, executed by the mayor and clerk of the municipal corporation and by the president and treasurer of the board, respectively.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.412 | Direct Sale or Lease of Real Property to Stem School.

Effective:
April 6, 2017
Latest Legislation:
House Bill 438 - 131st General Assembly
A school district board of education may offer for sale or lease any parcel of real property directly to the governing body of a STEM school established under Chapter 3326. of the Revised Code without offering that property under division (A) and former division (G) of section 3313.41 or under section 3313.411 of the Revised Code, if all of the following apply:
(A) The district board offered that real property for sale under former division (G) of section 3313.41 of the Revised Code prior to June 30, 2011.
(B) No entity accepted the offer described in division (A) of this section.
(C) The district board still owns that real property and has decided again to dispose of it by sale or lease.
(D) The STEM school, to which the real property is sold or leased under this section, was approved for operation under section 3326.03 of the Revised Code between October 1 and December 31, 2012.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.42 | School District of This State and Another State May Maintain a School Jointly.

Effective:
October 29, 1996
Latest Legislation:
Senate Bill 230 - 121st General Assembly
(A) When in the judgment of a board of education of any school district in this state, lying adjacent to a school district of another state, the best interests of the public schools can be promoted by purchasing school grounds, repairing or erecting a schoolhouse, and maintaining them jointly between the two adjacent school districts, the board of education of the school district of this state so situated may enter into an agreement with the school authorities of said adjacent school district for the purpose of purchasing school grounds, repairing or constructing a school building, purchasing school furniture, equipment, appliances, fuel, employing teachers, and maintaining a school. The board of education of this state may levy taxes and perform such other duties in maintaining such joint school as are otherwise provided by law for maintaining the public schools in this state.
In carrying out this section the school district shall pay such proportion of the cost of purchasing school grounds, repairing or erecting a building, and in maintaining the joint school as is equitable and just in the judgment of the board of education and trustees of the two adjacent school districts.
(B) In any school district that has entered into an agreement under division (A) of this section, the state minimum teacher salary requirements prescribed by section 3317.13 of the Revised Code do not apply if the total expenditures by the school district for teacher salaries in any school year equals or exceeds the total minimum expenditures that would have been required in that year if such minimum teacher salary requirements did apply.
(C) Notwithstanding sections 3319.01, 3319.02, and 3313.22 of the Revised Code, the board of education of a local school district that has entered into an agreement with an adjacent school district in another state under division (A) of this section may contract with the educational service center within which the local school district is located for the service center to provide any administrative services specified in the agreement to the local school district and the adjacent district. If such an agreement provides for the duties of a district treasurer, superintendent, or principals to be performed by the service center, the local school district is not required to employ persons to perform such duties.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.43 | Dedication of School Lands for Street Purposes - Certificate of Dedication.

Effective:
January 16, 1980
Latest Legislation:
House Bill 44 - 113th General Assembly
When the board of education of any school district owns or holds lands for school purposes and said lands are not accessible by reason of the want of any street or public highway leading thereto and it becomes necessary that streets and highways be dedicated and opened for the purpose of making such lands accessible and available for the public use, and in so doing it becomes necessary to use and occupy part of said school lands for street or highway purposes, such board may, by resolution, authorize that a true map or plat of said lands be made by a competent engineer, delineating thereon the proposed streets or highways, and shall authorize the president and treasurer of the board to execute and acknowledge thereon a certificate of dedication of such lands as are embraced therein as streets and highways, for the use of the general public as such. The legislative authority of any municipal corporation, within which such lands are situated may, by ordinance, accept such lands so dedicated as public streets, and the same shall thereafter be under the control and supervision of such legislative authority as streets and highways.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.44 | School Property Exempt From Taxation.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 181 - 128th General Assembly
Real or personal property owned by or leased to any board of education for a lease term of at least fifty years shall be exempt from taxation.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.45 | Board May Execute and Deliver Contracts or Leases to Mineral Lands.

Effective:
June 22, 1984
Latest Legislation:
House Bill 37 - 115th General Assembly
When, in its opinion, the school district would be benefited thereby, the board of education may make, execute, and deliver contracts or leases to mine iron ore, stone, coal, petroleum, gas, salt, and other mineral upon lands owned by such school district, to any person, association, or corporation, who complies with the terms prescribed by the board as to consideration, rights of way, and occupancy of ground for necessary purposes, and all other matters of contract shall be such as the board deems most advantageous to the school district. Such contracts or leases shall be forfeited to the school district for noncompliance with any of the terms therein set forth, and shall not operate as a conveyance of the fee to any part of the realty. No such contract or lease, except a contract or lease for exploration for or production of petroleum or gas, shall be valid for more than fifteen years from the date thereof. The consideration of such contracts and leases shall be such rental or royalty as is prescribed by the board and payable as prescribed in such contract or lease, but at least once in every year, and shall be payable to the treasurer of the school district, who shall give a receipt therefor and deposit same in the general fund of such school district.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.451 | Investigation, Exploration, Production of Oil and Gas.

Effective:
March 28, 1985
Latest Legislation:
House Bill 581 - 115th General Assembly
The board of education of any school district may contract with a geologist experienced in making such reports or a report on the feasibility of exploring for petroleum and gas on property owned by the board. Upon receipt of a favorable report from such geologist, the board may, by two-thirds vote of all of its members, appropriate and expend funds and may enter into contracts with others, including any public entity or governmental agency, for the purposes of investigating, exploring, prospecting, or drilling for petroleum and gas and the constituent components and mineral by-products thereof upon lands owned by the board.
Following such investigation, exploration, prospecting, or drilling, the board may, by majority vote of all of its members, appropriate and expend funds and may enter into contracts with others, including any public entity or governmental agency, for the purposes of extracting, producing, selling, using, or transporting such petroleum, gas, components, and by-products.
All contracts authorized by this section shall be on such terms as the board considers most advantageous to the school district. The authority granted by this section is supplementary to the authority granted in section 3313.45 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.47 | Management and Control of Schools Vested in Board of Education.

Effective:
July 1, 1993
Latest Legislation:
House Bill 152 - 120th General Assembly
Each city, exempted village, or local board of education shall have the management and control of all of the public schools of whatever name or character that it operates in its respective district. If the board has adopted an annual appropriation resolution, it may, by general resolution, authorize the superintendent or other officer to appoint janitors, superintendents of buildings, and such other employees as are provided for in such annual appropriation resolution.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.471 | Presentation of Career Information.

Effective:
June 29, 2018
Latest Legislation:
House Bill 98 - 132nd General Assembly
(A) As used in this section, "armed forces" means the Ohio national guard, the Ohio naval militia, the Ohio military reserve, and the active and reserve components of the United States army, navy, air force, marine corps, and coast guard.
(B) No school district board of education shall impose any restriction on the presentation of career information to students that is not uniformly imposed on representatives of the armed forces, skilled trades, institutions of higher education, career-technical education providers, business, industry, charitable institutions, and other employers or prohibit the presentation of information or recruitment of students by those representatives for employment, employment training, or education on the district's campus. The board shall provide equal access to any of the district's employment or placement services to all of the entities described in this division.
(C) The district board shall provide any entity described in division (B) of this section with at least two opportunities per school year to present information in person to all students in grades nine through twelve individually or in a group setting and shall provide students with the opportunity to speak in person with the entities that participate in those opportunities. This requirement may be satisfied by providing common area access for presentation of information materials or by providing a scheduled educational or career fair.
(D) To the extent permitted by federal law and in accordance with this section, the district board may develop an application process for entities that wish to access school property for the purpose of presenting information to students. The board may develop standards of conduct and require entities to adhere to those standards as a condition of continued access and presentation of information materials.
Last updated February 25, 2022 at 9:14 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.472 | Policy on Parental and Foster Caregiver Involvement in Schools.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The board of education of each city, exempted village, local, and joint vocational school district shall adopt a policy on parental involvement in the schools of the district. The policy shall be designed to build consistent and effective communication between the parents and foster caregivers of students enrolled in the district and the teachers and administrators assigned to the schools their children or foster children attend. The policy shall provide the opportunity for parents and foster caregivers to be actively involved in their children's or foster children's education and to be informed of the following:
(1) The importance of the involvement of parents and foster caregivers in directly affecting the success of their children's or foster children's educational efforts;
(2) How and when to assist their children or foster children in and support their children's or foster children's classroom learning activities;
(3) Techniques, strategies, and skills to use at home to improve their children's or foster children's academic success and to support their children's or foster children's academic efforts at school and their children's or foster children's development as future responsible adult members of society.
(B) The department of education and workforce shall adopt recommendations for the development of parental involvement policies under this section. Prior to adopting the recommendations, the department shall consult with the national center for parents at the university of Toledo.
Last updated July 31, 2023 at 4:23 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.481 | School Schedule.

Effective:
July 1, 2014
Latest Legislation:
House Bill 59 - 130th General Assembly
Wherever in Title XXXIII of the Revised Code the term "school day" is used, unless otherwise specified, that term shall be construed to mean the time during a calendar day that a school is open for instruction pursuant to the schedule adopted by the board of education of the school district or the governing authority of the chartered nonpublic school in accordance with section 3313.48 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.484 | Loans After 3-1-98 Prohibited - Subsidy for Interest Expense.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
No loan shall be approved under sections 3313.483 to 3313.4810 of the Revised Code after March 1, 1998.
By the last day of June each year, the department of education and workforce shall calculate and pay a subsidy to every school district that during the current fiscal year paid and was obligated to pay interest on a loan under sections 3313.483 to 3313.4810 of the Revised Code in excess of two per cent simple interest. The amount of the subsidy shall equal the difference between the amount of interest the district paid and was obligated to pay during the year and the interest that the district would have been obligated to pay if the interest rate on the loan had been two per cent per year.
Last updated July 31, 2023 at 4:24 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.489 | Determining Whether District May Be Unable to Operate During Entire School Year.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of education and workforce shall examine each five-year projection of revenues and expenditures submitted under section 5705.391 of the Revised Code and shall determine whether the information contained therein, together with any other relevant information, indicates that the district may be financially unable to operate its instructional program on all days set forth in its adopted school calendars and pay all obligated expenses during the current fiscal year. If a board of education has not adopted a school calendar for the school year beginning on the first day of July of the current fiscal year at the time an examination is required under this division, the director shall examine the five-year projection and determine whether the district may be financially unable to pay all obligated expenses and operate its instructional program for the number of days on which instruction was held in the preceding fiscal year.
(B) If the director of education and workforce determines pursuant to division (A) of this section that a school district may be financially unable to operate its instructional program on all days required by such division and pay all obligated expenses during the current fiscal year, the director shall provide written notification of such determination to the president of the district's board of education and the auditor of state.
(C) This section does not apply to a school district declared to be under a fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code.
Last updated July 31, 2023 at 4:26 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.4810 | Receiving Loans.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any school district receiving a loan under section 3313.483 of the Revised Code in excess of seven per cent of the general fund expenditures of the district during the fiscal year in which the loan is received and that has received a loan under that section within the last five years is subject to section 3313.488 of the Revised Code for the duration of the fiscal year in which the district receives the loan and during the ensuing two fiscal years. The controlling board may not relieve a school district to which this section applies from any requirements imposed under section 3313.483 of the Revised Code to implement recommendations of the director of education and workforce for expenditure reduction and may not modify any other requirements imposed under such section upon such a district as a condition for receiving the loan unless expressly authorized to do so by law. The director shall, among any recommendations the director makes for expenditure reduction under section 3313.483 of the Revised Code affecting the number of employees of a school district to which this section applies, provide wherever possible for the retention of teachers who are actually involved in the daily teaching of students in the classroom.
Last updated July 31, 2023 at 4:27 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.49 | Suspension of School - Resolution of Board - Transfer of Pupils.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of education of each city, exempted village, and local school district may suspend, by resolution, temporarily or permanently, any school in such district because of disadvantageous location or any other cause. Whenever any school is suspended, the board of education of the district shall at once provide for the assignment of the pupils residing within the territory of the suspended school to such other schools as are named by said board.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.50 | Record of Tests - Statistical Data - Individual Records.

Effective:
December 23, 1986
Latest Legislation:
House Bill 428 - 116th General Assembly
Boards of education and boards of health making tests for determining defects in hearing and vision in school children shall keep an accurate record of such tests and of measures taken to correct such hearing and visual defects. This record shall be kept on a form to be prescribed and furnished or approved by the director of health. Statistical data from such records shall be made available to official state and local health, education, and human services departments and agencies. Individual records shall be made available to such departments and agencies only in cases where there is evidence that no measures have been taken to correct defects determined by such tests, provided that such records shall be made available to school authorities where they are deemed essential in establishing special education facilities for children with hearing and visual defects.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.51 | Disbursement and Deposit of School Funds.

Effective:
July 31, 1980
Latest Legislation:
House Bill 694 - 113th General Assembly
In every school district the treasurer of the board of education shall be the treasurer of the school funds. No moneys of a school district shall be paid out except on a check signed by the treasurer. If the treasurer is incapacitated in such manner that he is unable to sign such checks, the board may appoint an officer of the school district to sign such checks in the capacity of the treasurer. Payroll disbursements constitute an exception to this requirement if otherwise provided by law. All moneys received by a treasurer of a school district from any source whatsoever shall be immediately placed by him in a depository designated by the board of education of such school district, as provided by sections 135.01 to 135.21 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.52 | Evening Schools.

Effective:
January 1, 1974
Latest Legislation:
Senate Bill 1 - 110th General Assembly
The board of education of a city, exempted village, or local school district may organize evening schools.
Any person more than eighteen years old may be permitted to attend evening school upon such terms and upon payment of such tuition as the board prescribes.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.532 | Excusing Disabled Adults From Assessments.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Any person twenty-two or more years of age and enrolled in an adult high school continuation program established pursuant to section 3313.531 of the Revised Code may request the board of education operating the program to conduct an evaluation in accordance with division (C) of this section.
(B) Any applicant to a board of education for a diploma of adult education under division (B) of section 3313.611 of the Revised Code may request the board to conduct an evaluation in accordance with division (C) of this section.
(C) Upon the request of any person pursuant to division (A) or (B) of this section, the board of education to which the request is made shall evaluate the person to determine whether the person is disabled, in accordance with rules adopted by the department of education and workforce. If the evaluation indicates that the person is disabled, the board shall determine whether to excuse the person from taking any of the assessments required by section 3313.618 of the Revised Code as a requirement for receiving a diploma under section 3313.611 of the Revised Code. The board may require the person to take an alternate assessment in place of any test from which the person is so excused.
Last updated July 31, 2023 at 5:06 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.534 | Policy of Zero Tolerance for Violent, Disruptive, or Inappropriate Behavior.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The board of education of each city, exempted village, and local school district shall adopt a policy of zero tolerance for violent, disruptive, or inappropriate behavior and establish strategies to address such behavior that range from prevention to intervention. A policy adopted pursuant to this section shall comply with the requirements of sections 3313.668 and 3319.46 of the Revised Code.
(B) Each of the big eight school districts, as defined in section 3314.02 of the Revised Code, shall establish under section 3313.533 of the Revised Code at least one alternative school to meet the educational needs of students with severe discipline problems, including, but not limited to, excessive disruption in the classroom and multiple suspensions or expulsions. Any other school district that attains after that date a significantly substandard graduation rate, as defined by the department of education and workforce, shall also establish such an alternative school under that section.
Last updated July 31, 2023 at 5:07 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.535 | Standards for Participation in Interscholastic Extracurricular Activities.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
(A) As used in this section, "interscholastic extracurricular activity" means a pupil activity program that a school or school district sponsors or participates in and that includes participants from more than one school or school district. "Interscholastic extracurricular activity" does not include any activity included in the school district's graded course of study.
(B) Not later than July 1, 1998, the board of education of each city, local, exempted village, and joint vocational school district shall adopt rules requiring students in grades seven to twelve to attain a minimum grade point average, to be established by the board, as a condition for such students to participate in interscholastic extracurricular activities.
(C) Not later than July 1, 1998, the board of education shall adopt a policy either prohibiting any student from participating in any interscholastic extracurricular activity, or allowing any student to so participate, if the student has received a failing grade for any class or course in the school district's graded course of study for the previous grading period.
(D) A board also may adopt rules that include additional standards for determining the eligibility of students to participate in interscholastic extracurricular activities, requirements for attaining reeligibility in interscholastic extracurricular activities, and an exemption for any student whose individualized education program prepared pursuant to section 3323.08 of the Revised Code indicates an exemption would be advisable.
Last updated October 4, 2021 at 5:17 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.538 | Participation in Interscholastic Athletics - Residency.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) No student who attends school in this state shall be denied the opportunity to participate in interscholastic athletics solely because the student's parents do not reside in this state, if the student resides in this state with the student's grandparent, uncle, aunt, or sibling who has legal or temporary custody of the student or is the guardian of the student.
(B) No school district, school, interscholastic conference, or organization that regulates interscholastic conferences or events shall have a rule, bylaw, or other regulation that conflicts with this section.
(C) As used in this section, "legal custody," "temporary custody," and "guardian" have the same meanings as in section 2151.011 of the Revised Code.
Last updated October 4, 2021 at 5:22 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.5314 | Athletics and Participation in College Credit Plus Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
No student who is enrolled in a public or nonpublic school shall be denied the opportunity to participate in interscholastic athletics offered by that school solely because the student is participating or has participated in the college credit plus program under Chapter 3365. of the Revised Code, so long as the student fulfills all other academic, nonacademic, and financial requirements that are not related to participation in the program.
Additionally, no student who is enrolled in a community school, STEM school, or nonpublic school or who is receiving home education shall be denied the opportunity to participate in interscholastic athletics at the school in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code solely because of participation in the college credit plus program, so long as the student meets the applicable requirements under section 3313.537, 3313.5311, or 3313.5312 of the Revised Code and fulfills all other academic, nonacademic, and financial requirements that are not related to participation in the program.
As used in this section, "community school" means a community school established under Chapter 3314. of the Revised Code, and "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
Last updated July 31, 2023 at 5:09 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3313 | Boards of Education › Section 3313.5315 | Foreign Students Participation in Interscholastic Athletics.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Any student from a country or province outside the United States who attends an elementary or secondary school in this state shall be permitted to participate in interscholastic athletics at that school on the same basis as students who are residents of this state, so long as the student holds an F-1 visa issued by the United States department of state. Such a student shall not be denied the opportunity to participate in interscholastic athletics solely because the student's parents do not reside in this state.
No school district, school, interscholastic conference, or organization that regulates interscholastic conferences or events shall have a rule, bylaw, or other regulation that conflicts with this section.
Last updated October 4, 2021 at 5:28 PM