As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 290


Representative Stebelton 

Cosponsors: Representatives Becker, Smith, Huffman, Grossman, Adams, J., Terhar, Blessing, Scherer, Hood, Buchy, Brenner, Fedor, Perales, Maag 

A BILL
To amend sections 3313.75, 3313.76, 3313.77, and 1
3313.78 and to enact section 3313.791 of the 2
Revised Code regarding the use of school district 3
premises by members of the public and immunity 4
from civil liability for a school district and 5
schools when permitting members of the public to 6
use school premises.7


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

       Section 1.  That sections 3313.75, 3313.76, 3313.77, and 8
3313.78 be amended and section 3313.791 of the Revised Code be 9
enacted to read as follows:10

       Sec. 3313.75. (A) For purposes of this section, "school 11
premises" has the same meaning as in section 3313.77 of the 12
Revised Code.13

       (B) The board of education of a city, exempted village, or 14
local school district may authorize the opening of schoolhouses15
school premises for any lawful purposes. 16

       (B)(C) In accordance with this section and section 3313.77 of 17
the Revised Code, a district board may rent or lease facilities18
school premises under its control to any public or nonpublic 19
institution of higher education for the institution's use in 20
providing evening and summer classes.21

       (C)(D) This section does not authorize a board to rent or 22
lease a schoolhouseschool premises when such rental or lease 23
interferes with the public schools in such district, or for any 24
purpose other than is authorized by law.25

       Sec. 3313.76.  Upon application of any responsible 26
organization, or of a group of at least seven citizens, all school 27
grounds and schoolhousespremises, as that term is defined in 28
section 3313.77 of the Revised Code, as well as all other 29
buildings under the supervision and control of the state, or 30
buildings maintained by taxation under the laws of this state, 31
shall be available for use as social centers for the entertainment 32
and education of the people, including the adult and youthful 33
population, and for the discussion of all topics tending to the 34
development of personal character and of civil welfare, and for 35
religious exercises. Such occupation should not seriously infringe 36
upon the original and necessary uses of such properties. The 37
public officials in charge of such buildings shall prescribe such 38
rules and regulations for their occupancy and use as will secure a 39
fair, reasonable, and impartial use of the same.40

       Sec. 3313.77. (A) For purposes of this section:41

       (1) "General public" means members of the community, 42
including both of the following:43

       (a) Students during nonschool hours;44

       (b) Employees of a school or school district when not working 45
in the scope of their employment.46

       (2) "Nonschool hours" means both of the following:47

       (a) Any time prior to and after regular classroom instruction 48
on a day that school is in session;49

       (b) Any day that school is not in session, including 50
weekends, holidays, and vacation breaks.51

       (3) "Recreational meetings and entertainments" means all 52
indoor or outdoor games or physical activities, either organized 53
or unorganized, that are undertaken for exercise, relaxation, 54
diversion, sport, or pleasure.55

       (4) "School premises" means all indoor and outdoor 56
structures, facilities, and land owned, rented, or leased by a 57
school or school district.58

       (B) The board of education of any city, exempted village, or 59
local school district shall, upon request and the payment of a 60
reasonable fee, subject to such regulation as is adopted by such 61
board, permit the use of any school house and rooms therein and 62
the grounds and other property under its controlpremises, when 63
not in actual use for school purposes, for any of the following 64
purposes:65

       (A)(1) Giving instructions in any branch of education, 66
learning, or the arts;67

       (B)(2) Holding educational, religious, civic, social, or 68
recreational meetings and entertainments, and for such other 69
purposes as promote the welfare of the community; provided such 70
meetings and entertainments shall be nonexclusive and open to the 71
general public;72

       (C)(3) Public library purposes, as a station for a public 73
library, or as reading rooms;74

       (D)(4) Polling places, for holding elections and for the 75
registration of voters, or for holding grange or similar meetings.76

       Within sixty days after the effective date of this section, 77
theThe board of education of each school district shall adopt a 78
policy for the use of school facilitiespremises by the general79
public, including a list of all fees to be paid for the use of 80
such facilitiespremises and the costs used to determine such 81
fees. Once adopted, the policy shall remain in effect until 82
formally amended by the board. A copy of the policy shall be made 83
available to any resident of the district upon request.84

       Sec. 3313.78.  Upon application of a committee representing 85
any candidate for public office or any regularly organized or 86
recognized political party, the board of education having control 87
of any school groundspremises mentioned in section 3313.76 of the 88
Revised Code, shall permit the same to be used as a place wherein 89
to hold meetings of electors for the discussion of public 90
questions and issues. No such meeting shall be held during regular 91
school hours. No charge shall be made for such use, but the 92
candidate or committee so holding a meeting shall be responsible 93
for any damage done or expense incurred by reason thereof.94

       Sec. 3313.791. (A) For purposes of this section:95

        (1) "School" means a school in a city, local, or exempted 96
village school district.97

        (2) "School district" means a city, local, or exempted 98
village school district.99

       (3) "School premises" has the same meaning as in section 100
3313.77 of the Revised Code.101

        (B) A school or school district, a member of a school 102
district board of education, or a school district or school 103
employee is not liable in damages in a civil action for injury, 104
death, or loss to person or property allegedly arising from the 105
use of school premises under section 3313.75, 3313.76, 3313.77, or 106
3313.78 of the Revised Code, unless the injury, death, or loss to 107
person or property results from willful or wanton misconduct by 108
the school or school district, a member of the school district 109
board of education, or an employee of the school district or of 110
any school in the district.111

        This section does not eliminate, limit, or reduce any other 112
immunity or defense that a school or school district, member of a 113
school district board of education, or school district or school 114
employee may be entitled to under Chapter 2744. or any other 115
provision of the Revised Code or under the common law of this 116
state.117

       Section 2.  That existing sections 3313.75, 3313.76, 3313.77, 118
and 3313.78 of the Revised Code are hereby repealed.119