Ohio 122d General Assembly

H.B. 116

January 21, 1997 – Introduced by Representatives TERWILLEGER, HOTTINGER, FOX, LUCAS, CATES, VAN VYVEN, GRENDELL, PADGETT, BATCHELDER, OLMAN, NETZLEY, O'BRIEN, HOOD, YOUNG, and HAINES

A BILL To amend section 3345.281 and to enact section 5.15 of the Revised Code to require the use of the English language by state and local government entities in official actions and proceedings, subject to certain exceptions, and to require state institutions of higher education to refund fees to students who cannot reasonably understand the spoken language utilized by teaching personnel.

Be it enacted by the General Assembly of the state of Ohio:

Section 1. That section 3345.281 be amended and sectino 5.15 of the Revised Code be enacted to read as follows:

    Sec. 5.15.

      (A) As used in this section:

        (1) "State agency" means any organized body, office, or agency, including the General Assembly and the courts, established by the laws of this state for the exercise of any function of state government.

        (2) "Political subdivision" means a municipal corporation, township, county, school district, or any other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.

        (3) "Public record" has the same meaning as in section 149.43 of the Revised Code.

        (4) "Meeting" and "public body" have the same meanings as in section 121.22 of the Revised Code.

      (B) Except as provided in division (C) of this section, the English language shall be used for each public record, for each meeting of a public body, and for each official action of any state agency or political subdivision, including each document, record, meeting, policy, or other action taken under color of law.

      Nothing in this section shall be construed to apply to any entity other than a state agency or political subdivision, to infringe on the right of any individual to choose that individual's primary language, or to do anything other than codify a language policy for state agencies and political subdivisions.

      (C) A state agency or political subdivision or its officers or employees may act in a language other than the English language for any of the following purposes:

        (1) to provide information orally to individuals in the course of delivering services to the general public;

        (2) to comply with federal law;

        (3) to protect or promote the public health, safety, or welfare;

        (4) to protect the rights of parties and witnesses in a civil or criminal action in a court or in an administrative proceeding;

        (5) to provide instruction in foreign language courses;

        (6) to provide instruction designed to aid students with limited English proficiency so they can make a timely transition to use of the English language in the public schools;

        (7) to promote international commerce, treade, or tourism;

        (8) to utilize in documents terms of art or phrases from languages other than the English language.

    Sec. 3345.281.

      (A) As used in this section, "teaching assistant" means a student enrolled full-time or part-time in a graduate degree program at an educaitonal institution for which the student has received an appointment to provide classroom-related services.

      The board of trustees of each state university, college of medicine, technical college, state community college, community college, and the board of trustees or managing authority of each university branch shall establish a program to assess the oral English language proficiency of all teaching assistants providing classroom instruction to students and shall ensure that teaching asssistants who are not orally proficient in the English language attain such proficiency prior to providing classroom instruction to students.

      (B) A state university, college of medicine, technical college, state community college, community college, or university branch shall refund tuition and other fees paid by a student in order to attend a class or course at such institution if the student cannot reasonably understand the spoken language utilized by the professor, teaching assistant, or other teaching personnel in the provision of instruction in that class or course and the student requests such refund within fourteen days of the first regularly scheduled class or course or the first actual meeting of the class, whichever is later.

Section 2. That existing section 3345.281 of the Revised Code is hereby repealed.

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