Regards eligibility to participate in interscholastic athletics

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 634

2025-2026

Representatives Young, Kishman

To
amend
section

3313.64
and
to
enact section 3313.5321

of the Revised Code
regarding
eligibility to participate in interscholastic athletics.

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

Section
1.
That

section

3313.64

be
amended
and

section
3313.5321

of the Revised Code be
enacted

to
read as follows:

Sec.
3313.5321.
(A)
As used in this section:

(1)
"Athletic regulatory organization" means an interscholastic
conference or organization that regulates interscholastic conferences
or events.

(2)
"Prior disciplinary action" means either of the following
issued prior to a student becoming a transfer student:

(a)
A suspension, expulsion, or removal under section 3313.66 or 3313.661
of the Revised Code;

(b)
A disciplinary action issued by an athletic regulatory organization
that limits, revokes, or otherwise restricts a student's eligibility
to participate in interscholastic athletics for violating any of the
organization's rules or bylaws.

(3)
"Transfer student" means a student attending a school under
division (F)(12) of section 3313.64, section 3313.97, or section
3313.98 of the Revised Code.

(B)
Unless a student is subject to a prior disciplinary action, no
athletic regulatory organization shall penalize or restrict the
eligibility of a student to participate in interscholastic athletics
because the student is a transfer student. Such student shall
immediately be allowed to participate in interscholastic athletics at
the school the student is attending on the same basis as any student
who has always attended the schools of that district.

Nothing
in this division prohibits an athletic regulatory organization from
enforcing any eligibility rules that apply to all students attending
a school, including age, safety, and academics requirements and
limits on the quantity of seasons of participation.

(C)
In the case of a transfer student who is subject to a prior
disciplinary action and is attending a school under division (F)(12)
of section 3313.64 of the Revised Code or section 3313.98 of the
Revised Code, the superintendents of the student's school district of
residence and the school district in which the student is attending
school shall, within ten business days of the approval of the student
to attend the school that is not operated by the student's district
of residence, issue a written decision on when the student will
become eligible to participate in interscholastic athletics, taking
into account the prior disciplinary action. The decision shall not
weaken, shorten, or override any ongoing suspension, expulsion, or
other disciplinary action. If the superintendents fail to issue the
decision within ten business days, the student becomes immediately
eligible to participate in interscholastic athletics.

(D)
In the case of a transfer student who is subject to a prior
disciplinary action and is attending school under section 3313.97 of
the Revised Code, the district superintendent shall, within ten
business days of the approval of the student to attend an alternative
school under that section, issue a written decision on when the
student will become eligible to participate in interscholastic
athletics, taking into account the prior disciplinary action. The
decision shall not weaken, shorten, or override any ongoing
suspension, expulsion, or other disciplinary action. If the
superintendent fails to issue the decision within ten business days,
the student becomes immediately eligible to participate in
interscholastic athletics.

Sec.
3313.64.
(A)
As used in this section and in section 3313.65 of the Revised Code:

(1)(a)
Except as provided in division (A)(1)(b) of this section, "parent"
means either parent, unless the parents are separated or divorced or
their marriage has been dissolved or annulled, in which case "parent"
means the parent who is the residential parent and legal custodian of
the child. When a child is in the legal custody of a government
agency or a person other than the child's natural or adoptive parent,
"parent" means the parent with residual parental rights,
privileges, and responsibilities. When a child is in the permanent
custody of a government agency or a person other than the child's
natural or adoptive parent, "parent" means the parent who
was divested of parental rights and responsibilities for the care of
the child and the right to have the child live with the parent and be
the legal custodian of the child and all residual parental rights,
privileges, and responsibilities.

(b)
When a child is the subject of a power of attorney executed under
sections 3109.51 to 3109.62 of the Revised Code, "parent"
means the grandparent designated as attorney in fact under the power
of attorney. When a child is the subject of a caretaker authorization
affidavit executed under sections 3109.64 to 3109.73 of the Revised
Code, "parent" means the grandparent that executed the
affidavit.

(2)
"Legal custody," "permanent custody," and
"residual parental rights, privileges, and responsibilities"
have the same meanings as in section 2151.011 of the Revised Code.

(3)
"School district" or "district" means a city,
local, or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.

(4)
Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:

(a)
The home is licensed, certified, or approved for such purpose by the
state or is maintained by the department of youth services.

(b)
The home is operated by a person who is licensed, certified, or
approved by the state to operate the home for such purpose.

(c)
The home accepted the child through a placement by a person licensed,
certified, or approved to place a child in such a home by the state.

(d)
The home is a children's home created under section 5153.21 or
5153.36 of the Revised Code.

(5)
"Agency" means all of the following:

(a)
A public children services agency;

(b)
An organization that holds a certificate issued by the department of
children and youth in accordance with the requirements of section
5103.03 of the Revised Code and assumes temporary or permanent
custody of children through commitment, agreement, or surrender, and
places children in family homes for the purpose of adoption;

(c)
Comparable agencies of other states or countries that have complied
with applicable requirements of section 2151.39 of the Revised Code
or as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.237
of the Revised Code.

(6)
A child is placed for adoption if either of the following occurs:

(a)
An agency to which the child has been permanently committed or
surrendered enters into an agreement with a person pursuant to
section 5103.16 of the Revised Code for the care and adoption of the
child.

(b)
The child's natural parent places the child pursuant to section
5103.16 of the Revised Code with a person who will care for and adopt
the child.

(7)
"Preschool child with a disability" has the same meaning as
in section 3323.01 of the Revised Code.

(8)
"Child," unless otherwise indicated, includes preschool
children with disabilities.

(9)
"Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the congress
of the United States, or section 5919.29 or 5923.21 of the Revised
Code.

(B)
Except as otherwise provided in section 3321.01 of the Revised Code
for admittance to kindergarten and first grade, a child who is at
least five but under twenty-two years of age and any preschool child
with a disability shall be admitted to school as provided in this
division.

(1)
A child shall be admitted to the schools of the school district in
which the child's parent resides.

(2)
Except as provided in division (B)(4) of this section or division (B)
of section 2151.362 and section 3317.30 of the Revised Code, a child
who does not reside in the district where the child's parent resides
shall be admitted to the schools of the district in which the child
resides if any of the following applies:

(a)
The child is in the legal or permanent custody of a government agency
or a person other than the child's natural or adoptive parent.

(b)
The child resides in a home.

(c)
The child requires special education.

(3)
A child who is not entitled under division (B)(2) of this section to
be admitted to the schools of the district where the child resides
and who is residing with a resident of this state with whom the child
has been placed for adoption shall be admitted to the schools of the
district where the child resides unless either of the following
applies:

(a)
The placement for adoption has been terminated.

(b)
Another school district is required to admit the child under division
(B)(1) of this section.

(4)(a)
A child who does not reside in the district where the child's parent
resides is not required to be admitted to the schools of the district
in which the child resides if both of the following apply:

(i)
The child resides in a home, or in a facility similarly licensed in
another state, and the child was placed in the home or facility by
the child's parent in consultation with, and upon the recommendation
of, the Ohio resilience through integrated systems and excellence
program for children and youth involved in multiple state systems.

(ii)
The home provides education services that meet the minimum education
standards under division (D)(2) of section 3301.07 of the Revised
Code or, in the case of a facility located in another state, meets
substantially similar requirements of the jurisdiction where the
facility is located, except that the home or facility may provide the
child with less than the minimum number of instructional hours
required only as necessary to accommodate the child's treatment
program.

(b)
Upon a child's admission to a home pursuant to division (B)(4)(a) of
this section, the home shall notify the district where the child's
parent resides and the district where the home is located that the
home is providing educational services to the child until the child
is discharged. Upon a child's admission to a facility located in
another state pursuant to division (B)(4)(a) of this section, the
facility shall notify the district where the child's parent resides
that the facility is providing educational services to the child
until the child is discharged. In either case, the district where the
child's parent resides shall continue to enroll the student as
provided in division (C)(5) of this section and shall excuse the
child from attendance until the child is discharged from the home or
facility.

(c)
Upon a child's discharge from a home or facility, the home or
facility shall notify the district where the child's parent resides.
The home or facility and the district shall collaborate on a
supportive reentry plan into school for the child.

Division
(B) of this section does not prohibit the board of education of a
school district from placing a child with a disability who resides in
the district in a special education program outside of the district
or its schools in compliance with Chapter 3323. of the Revised Code.

(C)
A district shall not charge tuition for children admitted under
division (B)(1) or (3) of this section. If the district admits a
child under division (B)(2) of this section, tuition shall be paid to
the district that admits the child as provided in divisions (C)(1) to
(3) of this section, unless division (C)(4) of this section applies
to the child:

(1)
If the child receives special education in accordance with Chapter
3323. of the Revised Code, the school district of residence, as
defined in section 3323.01 of the Revised Code, shall pay tuition for
the child in accordance with section 3323.091, 3323.13, 3323.14, or
3323.141 of the Revised Code regardless of who has custody of the
child or whether the child resides in a home.

(2)
For a child that does not receive special education in accordance
with Chapter 3323. of the Revised Code, except as otherwise provided
in division (C)(2)(d) of this section, if the child is in the
permanent or legal custody of a government agency or person other
than the child's parent, tuition shall be paid by:

(a)
The district in which the child's parent resided at the time the
court removed the child from home or at the time the court vested
legal or permanent custody of the child in the person or government
agency, whichever occurred first;

(b)
If the parent's residence at the time the court removed the child
from home or placed the child in the legal or permanent custody of
the person or government agency is unknown, tuition shall be paid by
the district in which the child resided at the time the child was
removed from home or placed in legal or permanent custody, whichever
occurred first;

(c)
If a school district cannot be established under division (C)(2)(a)
or (b) of this section, tuition shall be paid by the district
determined as required by section 2151.362 of the Revised Code by the
court at the time it vests custody of the child in the person or
government agency;

(d)
If at the time the court removed the child from home or vested legal
or permanent custody of the child in the person or government agency,
whichever occurred first, one parent was in a residential or
correctional facility or a juvenile residential placement and the
other parent, if living and not in such a facility or placement, was
not known to reside in this state, tuition shall be paid by the
district determined under division (D) of section 3313.65 of the
Revised Code as the district required to pay any tuition while the
parent was in such facility or placement;

(e)
If the department of education and workforce has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is responsible
to bear the cost of educating the child, the district so determined
shall be responsible for that cost.

(3)
If the child is not in the permanent or legal custody of a government
agency or person other than the child's parent and the child resides
in a home, tuition shall be paid by one of the following:

(a)
The school district in which the child's parent resides;

(b)
If the child's parent is not a resident of this state, the home in
which the child resides.

(4)
Division (C)(4) of this section applies to any child who is admitted
to a school district under division (B)(2) of this section, resides
in a home that is not a foster home, a home maintained by the
department of youth services, a detention facility established under
section 2152.41 of the Revised Code, or a juvenile facility
established under section 2151.65 of the Revised Code, and receives
educational services at the home or facility in which the child
resides pursuant to a contract between the home or facility and the
school district providing those services.

If
a child to whom division (C)(4) of this section applies is a special
education student, a district may choose whether to receive a tuition
payment for that child under division (C)(4) of this section or to
receive a payment for that child under section 3323.14 of the Revised
Code. If a district chooses to receive a payment for that child under
section 3323.14 of the Revised Code, it shall not receive a tuition
payment for that child under division (C)(4) of this section.

If
a child to whom division (C)(4) of this section applies is not a
special education student, a district shall receive a tuition payment
for that child under division (C)(4) of this section.

In
the case of a child to which division (C)(4) of this section applies,
the total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce, which formula shall be designed to calculate a per diem
cost for the educational services provided to the child for each day
the child is served and shall reflect the total actual cost incurred
in providing those services. The department shall certify the total
educational cost to be paid for the child to both the school district
providing the educational services and, if different, the school
district that is responsible to pay tuition for the child. The
department shall deduct the certified amount from the state basic aid
funds payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the district
providing the educational services to the child.

(5)
In the case of a child to whom division (B)(4) of this section
applies, and except as otherwise provided in division (C)(5)(f) of
this section, tuition shall be paid to the home or facility for
educational services provided to the child by the school district in
which the child's parent resides according to the following:

(a)
The total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce. The department shall design the formula to calculate a per
diem cost for the educational services provided to the child for each
day the child is served and shall reflect the total actual cost
incurred in providing those services. The department shall certify
the total educational cost to be paid for the child to both the home
or facility providing the educational services and the district that
is responsible to pay the tuition for the child. The department shall
deduct the certified amount from the state basic aid funds payable
under Chapter 3317. of the Revised Code to the district responsible
to pay tuition and shall pay that amount to the home or facility
providing the educational services to the child.

(b)
The district responsible to pay tuition shall continue to report the
child in its enrollment for purposes of section 3317.03 of the
Revised Code.

(c)
If the parent's residence changes to a different school district
while the child resides in the home or facility, the department of
education and workforce may re-determine the school district
responsible for tuition based on evidence provided by the district
currently responsible for tuition.

(d)
Upon a child's discharge from the home or facility, the home or
facility shall immediately notify the district where the child's
parent resides and the department of education and workforce. The
notification shall include a certified transcript of all coursework
completed by the child while residing in the home or facility. The
district where the child's parent resides shall accept all coursework
completed by the child while in the home or facility and shall award
credit for that coursework in accordance with district policy.

(e)
Following discharge from the home or facility and return to the
parent's residence, high school students shall meet requirements
under section 3313.618 of the Revised Code in order to qualify for a
high school diploma that are no more stringent than those that apply
to students who enroll into an Ohio public or chartered nonpublic
high school after receiving a home education under section 3321.042
of the Revised Code.

(f)
If the child is provided educational services by a chartered
nonpublic school while residing in a home and the child has been
awarded a scholarship under a state scholarship program, as defined
in section 3301.0711 of the Revised Code, no school district shall be
responsible for paying tuition under division (C)(5) of this section.

(D)
Tuition required to be paid under divisions (C)(2) and (3)(a) of this
section shall be computed in accordance with section 3317.08 of the
Revised Code. Tuition required to be paid under division (C)(3)(b) of
this section shall be computed in accordance with section 3317.081 of
the Revised Code. If a home fails to pay the tuition required by
division (C)(3)(b) of this section, the board of education providing
the education may recover in a civil action the tuition and the
expenses incurred in prosecuting the action, including court costs
and reasonable attorney's fees. If the prosecuting attorney or city
director of law represents the board in such action, costs and
reasonable attorney's fees awarded by the court, based upon the
prosecuting attorney's, director's, or one of their designee's time
spent preparing and presenting the case, shall be deposited in the
county or city general fund.

(E)
A board of education may enroll a child free of any tuition
obligation for a period not to exceed sixty days, on the sworn
statement of an adult resident of the district that the resident has
initiated legal proceedings for custody of the child.

(F)
In the case of any individual entitled to attend school under this
division, no tuition shall be charged by the school district of
attendance and no other school district shall be required to pay
tuition for the individual's attendance. Notwithstanding division
(B), (C), or (E) of this section:

(1)
All persons at least eighteen but under twenty-two years of age who
live apart from their parents, support themselves by their own labor,
and have not successfully completed the high school curriculum or the
individualized education program developed for the person by the high
school pursuant to section 3323.08 of the Revised Code, are entitled
to attend school in the district in which they reside.

(2)
Any child under eighteen years of age who is married is entitled to
attend school in the child's district of residence.

(3)
A child is entitled to attend school in the district in which either
of the child's parents is employed if the child has a medical
condition that may require emergency medical attention. The parent of
a child entitled to attend school under division (F)(3) of this
section shall submit to the board of education of the district in
which the parent is employed a statement from the child's physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner certifying that the child's medical condition may
require emergency medical attention. The statement shall be supported
by such other evidence as the board may require.

(4)
Any child residing with a person other than the child's parent is
entitled, for a period not to exceed twelve months, to attend school
in the district in which that person resides if the child's parent
files an affidavit with the superintendent of the district in which
the person with whom the child is living resides stating all of the
following:

(a)
That the parent is serving outside of the state in the armed services
of the United States;

(b)
That the parent intends to reside in the district upon returning to
this state;

(c)
The name and address of the person with whom the child is living
while the parent is outside the state.

(5)
Any child under the age of twenty-two years who, after the death of a
parent, resides in a school district other than the district in which
the child attended school at the time of the parent's death is
entitled to continue to attend school in the district in which the
child attended school at the time of the parent's death for the
remainder of the school year, subject to approval of that district
board.

(6)
A child under the age of twenty-two years who resides with a parent
who is having a new house built in a school district outside the
district where the parent is residing is entitled to attend school
for a period of time in the district where the new house is being
built. In order to be entitled to such attendance, the parent shall
provide the district superintendent with the following:

(a)
A sworn statement explaining the situation, revealing the location of
the house being built, and stating the parent's intention to reside
there upon its completion;

(b)
A statement from the builder confirming that a new house is being
built for the parent and that the house is at the location indicated
in the parent's statement.

(7)
A child under the age of twenty-two years residing with a parent who
has a contract to purchase a house in a school district outside the
district where the parent is residing and who is waiting upon the
date of closing of the mortgage loan for the purchase of such house
is entitled to attend school for a period of time in the district
where the house is being purchased. In order to be entitled to such
attendance, the parent shall provide the district superintendent with
the following:

(a)
A sworn statement explaining the situation, revealing the location of
the house being purchased, and stating the parent's intent to reside
there;

(b)
A statement from a real estate broker or bank officer confirming that
the parent has a contract to purchase the house, that the parent is
waiting upon the date of closing of the mortgage loan, and that the
house is at the location indicated in the parent's statement.

The
district superintendent shall establish a period of time not to
exceed ninety days during which the child entitled to attend school
under division (F)(6) or (7) of this section may attend without
tuition obligation. A student attending a school under division
(F)(6) or (7) of this section shall be eligible to participate in
interscholastic athletics under the auspices of that school, provided
the board of education of the school district where the student's
parent resides, by a formal action, releases the student to
participate in interscholastic athletics at the school where the
student is attending, and provided the student receives any
authorization required by a public agency or private organization of
which the school district is a member exercising authority over
interscholastic sports.

(8)
A child whose parent is a full-time employee of a city, local, or
exempted village school district, or of an educational service
center, may be admitted to the schools of the district where the
child's parent is employed, or in the case of a child whose parent is
employed by an educational service center, in the district that
serves the location where the parent's job is primarily located,
provided the district board of education establishes such an
admission policy by resolution adopted by a majority of its members.
Any such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of classes of any
school year.

(9)
A child who is with the child's parent under the care of a shelter
for victims of domestic violence, as defined in section 3113.33 of
the Revised Code, is entitled to attend school free in the district
in which the child is with the child's parent, and no other school
district shall be required to pay tuition for the child's attendance
in that school district.

The
enrollment of a child in a school district under this division shall
not be denied due to a delay in the school district's receipt of any
records required under section 3313.672 of the Revised Code or any
other records required for enrollment. Any days of attendance and any
credits earned by a child while enrolled in a school district under
this division shall be transferred to and accepted by any school
district in which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance with
this division.

(10)
Any child under the age of twenty-two years whose parent has moved
out of the school district after the commencement of classes in the
child's senior year of high school is entitled, subject to the
approval of that district board, to attend school in the district in
which the child attended school at the time of the parental move for
the remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy specifying
extenuating circumstances under which a student may continue to
attend school under division (F)(10) of this section for an
additional period of time in order to successfully complete the high
school curriculum for the individualized education program developed
for the student by the high school pursuant to section 3323.08 of the
Revised Code.

(11)
As used in this division, "grandparent" means a parent of a
parent of a child. A child under the age of twenty-two years who is
in the custody of the child's parent, resides with a grandparent, and
does not require special education is entitled to attend the schools
of the district in which the child's grandparent resides, provided
that, prior to such attendance in any school year, the board of
education of the school district in which the child's grandparent
resides and the board of education of the school district in which
the child's parent resides enter into a written agreement specifying
that good cause exists for such attendance, describing the nature of
this good cause, and consenting to such attendance.

In
lieu of a consent form signed by a parent, a board of education may
request the grandparent of a child attending school in the district
in which the grandparent resides pursuant to division (F)(11) of this
section to complete any consent form required by the district,
including any authorization required by sections 3313.712, 3313.713,
3313.716, and 3313.718 of the Revised Code. Upon request, the
grandparent shall complete any consent form required by the district.
A school district shall not incur any liability solely because of its
receipt of a consent form from a grandparent in lieu of a parent.

Division
(F)(11) of this section does not create, and shall not be construed
as creating, a new cause of action or substantive legal right against
a school district, a member of a board of education, or an employee
of a school district. This section does not affect, and shall not be
construed as affecting, any immunities from defenses to tort
liability created or recognized by Chapter 2744. of the Revised Code
for a school district, member, or employee.

(12)
A child under the age of twenty-two years is entitled to attend
school in a school district other than the district in which the
child is entitled to attend school under division (B), (C), or (E) of
this section provided that, prior to such attendance in any school
year, both of the following occur:

(a)
The superintendent of the district in which the child is entitled to
attend school under division (B), (C), or (E) of this section
contacts the superintendent of another district for purposes of this
division;

(b)
The superintendents of both districts enter into a written agreement
that consents to the attendance and specifies that the purpose of
such attendance is to protect the student's physical or mental
well-being or to deal with other extenuating circumstances deemed
appropriate by the superintendents.

While
an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised
Code and notwithstanding Chapter 3327. of the Revised Code, the board
of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the
school where the student attends.

A
student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities
,
including interscholastic athletics,

at the school where the student is attending on the same basis as any
student who has always attended the schools of that district while of
compulsory school age.
Eligibility
for such student to participate in interscholastic athletics shall be
determined under section 3313.5321 of the Revised Code.

(13)
All school districts shall comply with the "McKinney-Vento
Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for the
education of homeless children. Each city, local, and exempted
village school district shall comply with the requirements of that
act governing the provision of a free, appropriate public education,
including public preschool, to each homeless child.

When
a child loses permanent housing and becomes a homeless person, as
defined in 42 U.S.C.A. 11481(5), or when a child who is such a
homeless person changes temporary living arrangements, the child's
parent or guardian shall have the option of enrolling the child in
either of the following:

(a)
The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);

(b)
The school that is operated by the school district in which the
shelter where the child currently resides is located and that serves
the geographic area in which the shelter is located.

(14)
A child under the age of twenty-two years who resides with a person
other than the child's parent is entitled to attend school in the
school district in which that person resides if both of the following
apply:

(a)
That person has been appointed, through a military power of attorney
executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993),
10 U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active duty
as a member of the national guard or a reserve unit of the armed
forces of the United States or because the parent is a member of the
armed forces of the United States and is on a duty assignment away
from the parent's residence.

(b)
The military power of attorney or comparable document includes at
least the authority to enroll the child in school.

The
entitlement to attend school in the district in which the parent's
agent under the military power of attorney or comparable document
resides applies until the end of the school year in which the
military power of attorney or comparable document expires.

(G)
A board of education, after approving admission, may waive tuition
for students who will temporarily reside in the district and who are
either of the following:

(1)
Residents or domiciliaries of a foreign nation who request admission
as foreign exchange students;

(2)
Residents or domiciliaries of the United States but not of Ohio who
request admission as participants in an exchange program operated by
a student exchange organization.

(H)
Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04,
and 3327.06 of the Revised Code, a child may attend school or
participate in a special education program in a school district other
than in the district where the child is entitled to attend school
under division (B) of this section.

(I)(1)
Notwithstanding anything to the contrary in this section or section
3313.65 of the Revised Code, a child under twenty-two years of age
may attend school in the school district in which the child, at the
end of the first full week of October of the school year, was
entitled to attend school as otherwise provided under this section or
section 3313.65 of the Revised Code, if at that time the child was
enrolled in the schools of the district but since that time the child
or the child's parent has relocated to a new address located outside
of that school district and within the same county as the child's or
parent's address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to which
the child was assigned at the end of the first full week of October
of the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the following
conditions are satisfied:

(a)
The board of education of the school district in which the child was
entitled to attend school at the end of the first full week in
October and of the district to which the child or child's parent has
relocated each has adopted a policy to enroll children described in
division (I)(1) of this section.

(b)
The child's parent provides written notification of the relocation
outside of the school district to the superintendent of each of the
two school districts.

(2)
At the beginning of the school year following the school year in
which the child or the child's parent relocated outside of the school
district as described in division (I)(1) of this section, the child
is not entitled to attend school in the school district under that
division.

(3)
Any person or entity owing tuition to the school district on behalf
of the child at the end of the first full week in October, as
provided in division (C) of this section, shall continue to owe such
tuition to the district for the child's attendance under division
(I)(1) of this section for the lesser of the balance of the school
year or the balance of the time that the child attends school in the
district under division (I)(1) of this section.

(4)
A pupil who may attend school in the district under division (I)(1)
of this section shall be entitled to transportation services pursuant
to an agreement between the district and the district in which the
child or child's parent has relocated unless the districts have not
entered into such agreement, in which case the child shall be
entitled to transportation services in the same manner as a pupil
attending school in the district under interdistrict open enrollment
as described in division (E) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section 3313.98
of the Revised Code.

(J)
This division does not apply to a child receiving special education.

A
school district required to pay tuition pursuant to division (C)(2)
or (3) of this section or section 3313.65 of the Revised Code shall
have an amount deducted under division (C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. A school district entitled to receive tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount credited under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. If the tuition rate credited to
the district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education and
workforce shall pay the district of attendance the difference from
amounts deducted from all districts' payments under division (C) of
section 3317.023 of the Revised Code but not credited to other school
districts under such division and from appropriations made for such
purpose. The treasurer of each school district shall, by the
fifteenth day of January and July, furnish the director of education
and workforce a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.

Upon
receipt of the report the director, pursuant to division (C) of
section 3317.023 of the Revised Code, shall deduct each district's
tuition obligations under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code and pay to the district of
attendance that amount plus any amount required to be paid by the
state.

(K)
In the event of a disagreement, the director of education and
workforce shall determine the school district in which the parent
resides.

(L)
Nothing in this section requires or authorizes, or shall be construed
to require or authorize, the admission to a public school in this
state of a pupil who has been permanently excluded from public school
attendance by the director pursuant to sections 3301.121 and 3313.662
of the Revised Code.

(M)
In accordance with division (B)(1) of this section, a child whose
parent is a member of the national guard or a reserve unit of the
armed forces of the United States and is called to active duty, or a
child whose parent is a member of the armed forces of the United
States and is ordered to a temporary duty assignment outside of the
district, may continue to attend school in the district in which the
child's parent lived before being called to active duty or ordered to
a temporary duty assignment outside of the district, as long as the
child's parent continues to be a resident of that district, and
regardless of where the child lives as a result of the parent's
active duty status or temporary duty assignment. However, the
district is not responsible for providing transportation for the
child if the child lives outside of the district as a result of the
parent's active duty status or temporary duty assignment.

Section
2.
That
existing
section

3313.64
of the Revised Code
is

hereby
repealed.