Bill Text: OH HB26 | 2009-2010 | 128th General Assembly | Comm Sub

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Bill Title: To prohibit corporal punishment in all public and chartered nonpublic schools.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2009-03-26 - Committee Report [HB26 Detail]

Download: Ohio-2009-HB26-Comm_Sub.html

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As Reported by the House Education Committee

128th General Assembly Regular Session 2009-2010

H. B. No. 26

Representative Williams, B. 

Cosponsors: Representatives Newcomb, Harris, Foley, Fende, Celeste, Okey, Brown, Murray, Yuko, Skindell, Boyd, DeBose, Hagan, Stebelton, Luckie, Weddington 

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A BILL

To amend sections 3314.03, 3319.088, 3319.41, and

1

3326.11 of the Revised Code to prohibit corporal

2

punishment in all public and chartered nonpublic

3

schools.

4

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

Section 1. That sections 3314.03, 3319.088, 3319.41, and	5
3326.11 of the Revised Code be amended to read as follows:	6

Sec. 3314.03.  A copy of every contract entered into under	7
this section shall be filed with the superintendent of public	8
instruction.	9

(A) Each contract entered into between a sponsor and the	10
governing authority of a community school shall specify the	11
following:	12

(1) That the school shall be established as either of the	13
following:	14

(a) A nonprofit corporation established under Chapter 1702.	15
of the Revised Code, if established prior to April 8, 2003;	16

(b) A public benefit corporation established under Chapter	17
1702. of the Revised Code, if established after April 8, 2003;	18

(2) The education program of the school, including the	19
school's mission, the characteristics of the students the school	20
is expected to attract, the ages and grades of students, and the	21
focus of the curriculum;	22

(3) The academic goals to be achieved and the method of	23
measurement that will be used to determine progress toward those	24
goals, which shall include the statewide achievement tests;	25

(4) Performance standards by which the success of the school	26
will be evaluated by the sponsor;	27

(5) The admission standards of section 3314.06 of the Revised	28
Code and, if applicable, section 3314.061 of the Revised Code;	29

(6)(a) Dismissal procedures;

30

(b) A requirement that the governing authority adopt an	31
attendance policy that includes a procedure for automatically	32
withdrawing a student from the school if the student without a	33
legitimate excuse fails to participate in one hundred five	34
consecutive hours of the learning opportunities offered to the	35
student.	36

(7) The ways by which the school will achieve racial and	37
ethnic balance reflective of the community it serves;	38

(8) Requirements for financial audits by the auditor of	39
state. The contract shall require financial records of the school	40
to be maintained in the same manner as are financial records of	41
school districts, pursuant to rules of the auditor of state, and	42
the audits shall be conducted in accordance with section 117.10 of	43
the Revised Code.	44

(9) The facilities to be used and their locations;

45

(10) Qualifications of teachers, including a requirement that	46
the school's classroom teachers be licensed in accordance with	47
sections 3319.22 to 3319.31 of the Revised Code, except that a	48
community school may engage noncertificated persons to teach up to	49
twelve hours per week pursuant to section 3319.301 of the Revised	50
Code;	51

(11) That the school will comply with the following	52
requirements:	53

(a) The school will provide learning opportunities to a	54
minimum of twenty-five students for a minimum of nine hundred	55
twenty hours per school year.	56

(b) The governing authority will purchase liability	57
insurance, or otherwise provide for the potential liability of the	58
school.	59

(c) The school will be nonsectarian in its programs,	60
admission policies, employment practices, and all other	61
operations, and will not be operated by a sectarian school or	62
religious institution.	63

(d) The school will comply with sections 9.90, 9.91, 109.65,	64
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	65
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	66
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	67
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	68
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	69
3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01,	70
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,	71
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744.,	72
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code	73
as if it were a school district and will comply with section	74
3301.0714 of the Revised Code in the manner specified in section	75
3314.17 of the Revised Code.	76

(e) The school shall comply with Chapter 102. and section	77
2921.42 of the Revised Code.	78

(f) The school will comply with sections 3313.61, 3313.611,	79
and 3313.614 of the Revised Code, except that for students who	80
enter ninth grade for the first time before July 1, 2010, the	81
requirement in sections 3313.61 and 3313.611 of the Revised Code	82
that a person must successfully complete the curriculum in any	83
high school prior to receiving a high school diploma may be met by	84
completing the curriculum adopted by the governing authority of	85
the community school rather than the curriculum specified in Title	86
XXXIII of the Revised Code or any rules of the state board of	87
education. Beginning with students who enter ninth grade for the	88
first time on or after July 1, 2010, the requirement in sections	89
3313.61 and 3313.611 of the Revised Code that a person must	90
successfully complete the curriculum of a high school prior to	91
receiving a high school diploma shall be met by completing the	92
Ohio core curriculum prescribed in division (C) of section	93
3313.603 of the Revised Code, unless the person qualifies under	94
division (D) or (F) of that section. Each school shall comply with	95
the plan for awarding high school credit based on demonstration of	96
subject area competency, adopted by the state board of education	97
under division (J) of section 3313.603 of the Revised Code.	98

(g) The school governing authority will submit within four	99
months after the end of each school year a report of its	100
activities and progress in meeting the goals and standards of	101
divisions (A)(3) and (4) of this section and its financial status	102
to the sponsor and the parents of all students enrolled in the	103
school.	104

(h) The school, unless it is an internet- or computer-based	105
community school, will comply with section 3313.801 of the Revised	106
Code as if it were a school district.	107

(12) Arrangements for providing health and other benefits to	108
employees;	109

(13) The length of the contract, which shall begin at the	110
beginning of an academic year. No contract shall exceed five years	111
unless such contract has been renewed pursuant to division (E) of	112
this section.	113

(14) The governing authority of the school, which shall be	114
responsible for carrying out the provisions of the contract;	115

(15) A financial plan detailing an estimated school budget	116
for each year of the period of the contract and specifying the	117
total estimated per pupil expenditure amount for each such year.	118
The plan shall specify for each year the base formula amount that	119
will be used for purposes of funding calculations under section	120
3314.08 of the Revised Code. This base formula amount for any	121
year shall not exceed the formula amount defined under section	122
3317.02 of the Revised Code. The plan may also specify for any	123
year a percentage figure to be used for reducing the per pupil	124
amount of the subsidy calculated pursuant to section 3317.029 of	125
the Revised Code the school is to receive that year under section	126
3314.08 of the Revised Code.	127

(16) Requirements and procedures regarding the disposition of	128
employees of the school in the event the contract is terminated or	129
not renewed pursuant to section 3314.07 of the Revised Code;	130

(17) Whether the school is to be created by converting all or	131
part of an existing public school or educational service center	132
building or is to be a new start-up school, and if it is a	133
converted public school or service center building, specification	134
of any duties or responsibilities of an employer that the board of	135
education or service center governing board that operated the	136
school or building before conversion is delegating to the	137
governing authority of the community school with respect to all	138
or any specified group of employees provided the delegation is	139
not prohibited by a collective bargaining agreement applicable to	140
such employees;	141

(18) Provisions establishing procedures for resolving	142
disputes or differences of opinion between the sponsor and the	143
governing authority of the community school;	144

(19) A provision requiring the governing authority to adopt a	145
policy regarding the admission of students who reside outside the	146
district in which the school is located. That policy shall comply	147
with the admissions procedures specified in sections 3314.06 and	148
3314.061 of the Revised Code and, at the sole discretion of the	149
authority, shall do one of the following:	150

(a) Prohibit the enrollment of students who reside outside	151
the district in which the school is located;	152

(b) Permit the enrollment of students who reside in districts	153
adjacent to the district in which the school is located;	154

(c) Permit the enrollment of students who reside in any other	155
district in the state.	156

(20) A provision recognizing the authority of the department	157
of education to take over the sponsorship of the school in	158
accordance with the provisions of division (C) of section 3314.015	159
of the Revised Code;	160

(21) A provision recognizing the sponsor's authority to	161
assume the operation of a school under the conditions specified in	162
division (B) of section 3314.073 of the Revised Code;	163

(22) A provision recognizing both of the following:

164

(a) The authority of public health and safety officials to	165
inspect the facilities of the school and to order the facilities	166
closed if those officials find that the facilities are not in	167
compliance with health and safety laws and regulations;	168

(b) The authority of the department of education as the	169
community school oversight body to suspend the operation of the	170
school under section 3314.072 of the Revised Code if the	171
department has evidence of conditions or violations of law at the	172
school that pose an imminent danger to the health and safety of	173
the school's students and employees and the sponsor refuses to	174
take such action;	175

(23) A description of the learning opportunities that will be	176
offered to students including both classroom-based and	177
non-classroom-based learning opportunities that is in compliance	178
with criteria for student participation established by the	179
department under division (L)(2) of section 3314.08 of the Revised	180
Code;	181

(24) The school will comply with sections 3302.04 and	182
3302.041 of the Revised Code, except that any action required to	183
be taken by a school district pursuant to those sections shall	184
be taken by the sponsor of the school. However, the sponsor	185
shall not be required to take any action described in division	186
(F) of section 3302.04 of the Revised Code.	187

(25) Beginning in the 2006-2007 school year, the school will	188
open for operation not later than the thirtieth day of September	189
each school year, unless the mission of the school as specified	190
under division (A)(2) of this section is solely to serve dropouts.	191
In its initial year of operation, if the school fails to open by	192
the thirtieth day of September, or within one year after the	193
adoption of the contract pursuant to division (D) of section	194
3314.02 of the Revised Code if the mission of the school is solely	195
to serve dropouts, the contract shall be void.	196

(B) The community school shall also submit to the sponsor a	197
comprehensive plan for the school. The plan shall specify the	198
following:	199

(1) The process by which the governing authority of the	200
school will be selected in the future;	201

(2) The management and administration of the school;

202

(3) If the community school is a currently existing public	203
school or educational service center building, alternative	204
arrangements for current public school students who choose not to	205
attend the converted school and for teachers who choose not to	206
teach in the school or building after conversion;	207

(4) The instructional program and educational philosophy of	208
the school;	209

(5) Internal financial controls.

210

(C) A contract entered into under section 3314.02 of the	211
Revised Code between a sponsor and the governing authority of a	212
community school may provide for the community school governing	213
authority to make payments to the sponsor, which is hereby	214
authorized to receive such payments as set forth in the contract	215
between the governing authority and the sponsor. The total amount	216
of such payments for oversight and monitoring of the school shall	217
not exceed three per cent of the total amount of payments for	218
operating expenses that the school receives from the state.	219

(D) The contract shall specify the duties of the sponsor	220
which shall be in accordance with the written agreement entered	221
into with the department of education under division (B) of	222
section 3314.015 of the Revised Code and shall include the	223
following:	224

(1) Monitor the community school's compliance with all laws	225
applicable to the school and with the terms of the contract;	226

(2) Monitor and evaluate the academic and fiscal performance	227
and the organization and operation of the community school on at	228
least an annual basis;	229

(3) Report on an annual basis the results of the evaluation	230
conducted under division (D)(2) of this section to the department	231
of education and to the parents of students enrolled in the	232
community school;	233

(4) Provide technical assistance to the community school in	234
complying with laws applicable to the school and terms of the	235
contract;	236

(5) Take steps to intervene in the school's operation to	237
correct problems in the school's overall performance, declare the	238
school to be on probationary status pursuant to section 3314.073	239
of the Revised Code, suspend the operation of the school pursuant	240
to section 3314.072 of the Revised Code, or terminate the contract	241
of the school pursuant to section 3314.07 of the Revised Code as	242
determined necessary by the sponsor;	243

(6) Have in place a plan of action to be undertaken in the	244
event the community school experiences financial difficulties or	245
closes prior to the end of a school year.	246

(E) Upon the expiration of a contract entered into under this	247
section, the sponsor of a community school may, with the approval	248
of the governing authority of the school, renew that contract for	249
a period of time determined by the sponsor, but not ending earlier	250
than the end of any school year, if the sponsor finds that the	251
school's compliance with applicable laws and terms of the contract	252
and the school's progress in meeting the academic goals prescribed	253
in the contract have been satisfactory. Any contract that is	254
renewed under this division remains subject to the provisions of	255
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	256

(F) If a community school fails to open for operation within	257
one year after the contract entered into under this section is	258
adopted pursuant to division (D) of section 3314.02 of the Revised	259
Code or permanently closes prior to the expiration of the	260
contract, the contract shall be void and the school shall not	261
enter into a contract with any other sponsor. A school shall not	262
be considered permanently closed because the operations of the	263
school have been suspended pursuant to section 3314.072 of the	264
Revised Code. Any contract that becomes void under this division	265
shall not count toward any statewide limit on the number of such	266
contracts prescribed by section 3314.013 of the Revised Code.	267

Sec. 3319.088.  As used in this section, "educational	268
assistant" means any nonteaching employee in a school district who	269
directly assists a teacher as defined in section 3319.09 of the	270
Revised Code, by performing duties for which a license issued	271
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	272
required.	273

(A) The state board of education shall issue educational aide	274
permits and educational paraprofessional licenses for educational	275
assistants and shall adopt rules for the issuance and renewal of	276
such permits and licenses which shall be consistent with the	277
provisions of this section. Educational aide permits and	278
educational paraprofessional licenses may be of several types and	279
the rules shall prescribe the minimum qualifications of education,	280
health, and character for the service to be authorized under each	281
type. The prescribed minimum qualifications may require special	282
training or educational courses designed to qualify a person to	283
perform effectively the duties authorized under an educational	284
aide permit or educational paraprofessional license.	285

(B)(1) Any application for a permit or license, or a renewal	286
or duplicate of a permit or license, under this section shall be	287
accompanied by the payment of a fee in the amount established	288
under division (A) of section 3319.51 of the Revised Code. Any	289
fees received under this division shall be paid into the state	290
treasury to the credit of the state board of education licensure	291
fund established under division (B) of section 3319.51 of the	292
Revised Code.	293

(2) Any person applying for or holding a permit or license	294
pursuant to this section is subject to sections 3123.41 to 3123.50	295
of the Revised Code and any applicable rules adopted under section	296
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	297
the Revised Code.	298

(C) Educational assistants shall at all times while in the	299
performance of their duties be under the supervision and direction	300
of a teacher as defined in section 3319.09 of the Revised Code.	301
Educational assistants may assist a teacher to whom assigned in	302
the supervision of pupils, in assisting with instructional tasks,	303
and in the performance of duties which, in the judgment of the	304
teacher to whom the assistant is assigned, may be performed by a	305
person not licensed pursuant to sections 3319.22 to 3319.30 of the	306
Revised Code and for which a teaching license, issued pursuant to	307
sections 3319.22 to 3319.30 of the Revised Code is not required.	308
The duties of an educational assistant shall not include the	309
assignment of grades to pupils. The duties of an educational	310
assistantsassistant need not be performed in the physical	311
presence of the teacher to whom assigned, but the activity of an	312
educational assistant shall at all times be under the direction of	313
the teacher to whom assigned. The assignment of an educational	314
assistant need not be limited to assisting a single teacher. In	315
the event an educational assistant is assigned to assist more than	316
one teacher the assignments shall be clearly delineated and so	317
arranged that the educational assistant shall never be subject to	318
simultaneous supervision or direction by more than one teacher.	319

Educational assistants assigned to supervise children shall,	320
when the teacher to whom assigned is not physically present,	321
maintain the degree of control and discipline whichthat would be	322
maintained by the teacher, but an educational assistant may not	323
render corporal punishment.	324

Except when expressly permitted solely for the purposes of	325
section 3317.029 of the Revised Code, educational assistants may	326
not be used in place of classroom teachers or other employees and	327
any payment of compensation by boards of education to educational	328
assistants for such services is prohibited. The ratio between the	329
number of licensed teachers and the pupils in a school district	330
may not be decreased by utilization of educational assistants and	331
no grouping, or other organization of pupils, for utilization of	332
educational assistants shall be established which is inconsistent	333
with sound educational practices and procedures. A school district	334
may employ up to one full time equivalent educational assistant	335
for each six full time equivalent licensed employees of the	336
district. Educational assistants shall not be counted as licensed	337
employees for purposes of state support in the school foundation	338
program and no grouping or regrouping of pupils with educational	339
assistants may be counted as a class or unit for school foundation	340
program purposes. Neither special courses required by the	341
regulations of the state board of education, prescribing minimum	342
qualifications of education for an educational assistant, nor	343
years of service as an educational assistant shall be counted in	344
any way toward qualifying for a teacher license, for a teacher	345
contract of any type, or for determining placement on a salary	346
schedule in a school district as a teacher.	347

(D) Educational assistants employed by a board of education	348
shall have all rights, benefits, and legal protection available to	349
other nonteaching employees in the school district, except that	350
provisions of Chapter 124. of the Revised Code shall not apply to	351
any person employed as an educational assistant, and shall be	352
members of the school employees retirement system. Educational	353
assistants shall be compensated according to a salary plan adopted	354
annually by the board.	355

Except as provided in this section nonteaching employees	356
shall not serve as educational assistants without first obtaining	357
an appropriate educational aide permit or educational	358
paraprofessional license from the state board of education. A	359
nonteaching employee who is the holder of a valid educational aide	360
permit or educational paraprofessional license shall neither	361
render nor be required to render services inconsistent with the	362
type of services authorized by the permit or license held. No	363
person shall receive compensation from a board of education for	364
services rendered as an educational assistant in violation of this	365
provision.	366

Nonteaching employees whose functions are solely	367
secretarial-clerical and who do not perform any other duties as	368
educational assistants, even though they assist a teacher and work	369
under the direction of a teacher shall not be required to hold a	370
permit or license issued pursuant to this section. Students	371
preparing to become licensed teachers or educational assistants	372
shall not be required to hold an educational aide permit or	373
paraprofessional license for such periods of time as such students	374
are assigned, as part of their training program, to work with a	375
teacher in a school district. Such students shall not be	376
compensated for such services.	377

Following the determination of the assignment and general job	378
description of an educational assistant and subject to supervision	379
by the teacher's immediate administrative officer, a teacher to	380
whom an educational assistant is assigned shall make all final	381
determinations of the duties to be assigned to such assistant.	382
Teachers shall not be required to hold a license designated for	383
being a supervisor or administrator in order to perform the	384
necessary supervision of educational assistants.	385

(E) No person who is, or who has been employed as an	386
educational assistant shall divulge, except to the teacher to whom	387
assigned, or the administrator of the school in the absence of the	388
teacher to whom assigned, or when required to testify in a court	389
or proceedings, any personal information concerning any pupil in	390
the school district which was obtained or obtainable by the	391
educational assistant while so employed. Violation of this	392
provision is grounds for disciplinary action or dismissal, or	393
both.	394

Sec. 3319.41.  (A)(1) Beginning September 1, 1994, and except	395
as provided in division (C) of this section, noNo person employed	396
or engaged as a teacher, principal, administrator, nonlicensed	397
school employee, or bus driver in a public or chartered nonpublic	398
school may inflict or cause to be inflicted corporal punishment	399
as a means of discipline upon a pupil attending such school,	400
unless the board of education of the school district in which the	401
school is located adopts a resolution no later than September 1,	402
1994, to permit corporal punishment as a means of discipline and	403
does not adopt a resolution prohibiting corporal punishment	404
pursuant to division (B) of this section. No board shall adopt a	405
resolution permitting corporal punishment before receiving and	406
studying the report of the local discipline task force appointed	407
under division (A)(2) of this section.	408

(2) The board of education of each city, local, exempted	409
village, and joint vocational school district that has not adopted	410
a rule prohibiting corporal punishment under section 3313.20 of	411
the Revised Code prior to the effective date of this amendment	412
shall appoint, and any board that has adopted a rule under that	413
section prior to the effective date of this amendment may appoint,	414
no later than April 1, 1994, a local discipline task force to	415
conduct a study of effective discipline measures that are	416
appropriate for that school district. Members of the task force	417
shall include teachers, administrators, nonlicensed school	418
employees, school psychologists, members of the medical	419
profession, pediatricians when available, and representatives of	420
parents' organizations.	421

The task force shall hold meetings regularly. All meetings of	422
the task force shall be open to the public and at least one of the	423
meetings shall be for the purpose of inviting public	424
participation. The board of education shall provide public notice	425
of any public meeting of the task force in newspapers or other	426
periodicals of general circulation in the school district. The	427
task force shall report its findings and recommendations in	428
writing to the board of education no later than July 15, 1994. The	429
task force's written report must be available for inspection by	430
the public at the board's offices for at least five years after	431
being submitted to the board.	432

(B)(1) At any time after September 1, 1996, the board of	433
education of any city, local, exempted village, or joint	434
vocational school district in which corporal punishment is	435
permitted may adopt a resolution to prohibit corporal punishment.	436
After the adoption of a resolution prohibiting corporal punishment	437
pursuant to division (B)(1) of this section, the board of	438
education of any city, local, exempted village, or joint	439
vocational school district may adopt a resolution permitting	440
corporal punishment after complying with division (B)(3) of this	441
section.	442

(2) At any time after September 1, 1998, the board of	443
education of any city, local, exempted village, or joint	444
vocational school district that did not adopt a resolution	445
permitting corporal punishment as a means of discipline pursuant	446
to division (A)(1) of this section may adopt a resolution	447
permitting corporal punishment after complying with division	448
(B)(3) of this section.	449

(3)(a) The board of education of each city, local, exempted	450
village, and joint vocational school district that intends to	451
adopt a resolution permitting corporal punishment as a means of	452
discipline pursuant to division (B)(1) or (2) of this section may	453
adopt that resolution permitting corporal punishment as a means of	454
discipline only after receiving and studying the report of the	455
secondary local discipline task force appointed under division	456
(B)(3)(b) of this section.	457

(b) Any board of education described in division (B)(1) or	458
(2) of this section that intends to adopt a resolution permitting	459
corporal punishment as a means of discipline shall appoint a	460
secondary local discipline task force to conduct a study of	461
effective discipline measures that are appropriate for that school	462
district. Membership on the secondary local discipline task force	463
shall consist of the same types of persons that are required to be	464
included as members of the local discipline task force pursuant to	465
division (A)(2) of this section. The secondary local discipline	466
task force shall follow the same procedures with respect to	467
holding meetings, the provision of public notice, and the	468
production and inspection of a written report of findings and	469
recommendations that are applicable to the local discipline task	470
force pursuant to division (A)(2) of this section, except that the	471
secondary local discipline task force is not required to present	472
its written report to the board of education on a date that is no	473
later than July 15, 1994.	474

(C) The prohibition of corporal punishment by division (A) of	475
this section or by a resolution adopted under division (B) of this	476
section does not prohibit the use of reasonable force or restraint	477
in accordance with division (G) of this section.	478

(D) If the board of education of any city, local, exempted	479
village, or joint vocational school district does not prohibit	480
corporal punishment on the effective date of this amendment but at	481
any time after that date corporal punishment will be prohibited in	482
the district pursuant to division (A)(1) or (B) of this section,	483
the board shall do both of the following prior to the date on	484
which the prohibition takes effect:	485

(1) Adopt a disciplinary policy for the district that	486
includes alternative disciplinary measures;	487

(2) Consider what in-service training, if any, school	488
district employees might need as part of implementing the policy	489
adopted under division (D)(1) of this section.	490

(E) A person employed or otherwise engaged as a teacher,	491
principal, or administrator by a board of education permitting	492
corporal punishment pursuant to division (A)(1) of this section or	493
by a nonpublic school, except as otherwise provided by the	494
governing authority of the nonpublic school, may inflict or cause	495
to be inflicted reasonable corporal punishment upon a pupil	496
attending the school to which the person is assigned whenever such	497
punishment is reasonably necessary in order to preserve discipline	498
while the student is subject to school authority.	499

(F) A board of education of a school district that permits	500
the use of corporal punishment as a means of discipline pursuant	501
to a resolution adopted by the board pursuant to division (A)(1)	502
of this section shall permit as part of its discipline policy the	503
parents, guardian, or custodian of a child that is attending any	504
school within the school district to request that corporal	505
punishment not be used as a means of discipline on that child;	506
upon the receipt of a request of that nature, shall ensure that an	507
alternative disciplinary measure is applied with respect to that	508
child; and shall include a procedure for the exercise of that	509
option in the resolution adopted pursuant to division (A)(1) of	510
this section.	511

(G) Persons employed or engaged as teachers, principals, or	512
administrators in a school, whether public or private, and	513
nonlicensed school employees and school bus drivers may, within	514
the scope of their employment, use and apply such amount of force	515
and restraint as is reasonable and necessary to quell a	516
disturbance threatening physical injury to others, to obtain	517
possession of weapons or other dangerous objects upon the person	518
or within the control of the pupil, for the purpose of	519
self-defense, or for the protection of persons or property.	520

Sec. 3326.11. Each science, technology, engineering, and	521
mathematics school established under this chapter and its	522
governing body shall comply with sections 9.90, 9.91, 109.65,	523
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	524
3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	525
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	526
3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014,	527
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	528
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	529
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	530
3313.718, 3313.80, 3313.801, 3313.96, 3319.073, 3319.21, 3319.32,	531
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,	532
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,	533
4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 1347.,	534
2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and	535
4167. of the Revised Code as if it were a school district.	536

Section 2. That existing sections 3314.03, 3319.088, 3319.41,	537
and 3326.11 of the Revised Code are hereby repealed.	538