Terms Used In Ohio Code > Chapter 101 - General Assembly

• Accumulated contributions: means the sum of all amounts credited to a contributor's account in the employees' savings fund together with any regular interest credited thereon at the rates approved by the retirement board prior to retirement. See Ohio Code 3309.01
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Actuary: means an individual who satisfies all of the following requirements:

  (1) Is a member of the American academy of actuaries;

  (2) Is an associate or fellow of the society of actuaries;

  (3) Has a minimum of five years' experience in providing actuarial services to public retirement plans. See Ohio Code 3309.01

• Actuary: means an actuarial professional contracted with or employed by the state teachers retirement board, who shall be either of the following:

  (1) A member of the American academy of actuaries;

  (2) A firm, partnership, or corporation of which at least one person is a member of the American academy of actuaries. See Ohio Code 3307.01

• Adequate yearly progress: means a measure of annual academic performance as calculated in accordance with the "No Child Left Behind Act of 2001. See Ohio Code 3302.01
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Administrator: means the administrator of the United States environmental protection agency or the chief executive of any successor federal agency responsible for implementation of the federal Clean Air Act. See Ohio Code 3704.01
• Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. See Ohio Code 3715.01
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Air contaminant: means particulate matter, dust, fumes, gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or odorous substance, or any combination thereof. See Ohio Code 3706.01
• Air contaminant: means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor, or odorous substances, or any combination thereof, but does not mean emissions from agricultural production activities, as defined in section 929. See Ohio Code 3704.01
• Air contaminant source: means each separate operation or activity that results or may result in the emission of any air contaminant. See Ohio Code 3704.01
• Air pollution: means the presence in the ambient air of one or more air contaminants in sufficient quantity and of such characteristics and duration as to injure human health or welfare, plant or animal life, or property, or that unreasonably interferes with the comfortable enjoyment of life or property. See Ohio Code 3706.01
• Air pollution: means the presence in the ambient air of one or more air contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as is or threatens to be injurious to human health or welfare, plant or animal life, or property, or as unreasonably interferes with the comfortable enjoyment of life or property. See Ohio Code 3704.01
• Air quality facility: means any of the following:

  (1) Any method, modification or replacement of property, process, device, structure, or equipment that removes, reduces, prevents, contains, alters, conveys, stores, disperses, or disposes of air contaminants or substances containing air contaminants, or that renders less noxious or reduces the concentration of air contaminants in the ambient air, including, without limitation, facilities and expenditures that qualify as air pollution control facilities under section 103 (C)(4)(F) of the Internal Revenue Code of 1954, as amended, and regulations adopted thereunder;

  (2) Motor vehicle inspection stations operated in accordance with, and any equipment used for motor vehicle inspections conducted under, section 3704. See Ohio Code 3706.01

• air quality project: means any air quality facility, including undivided or other interests therein, acquired or to be acquired or constructed or to be constructed by the Ohio air quality development authority under this chapter, or acquired or to be acquired or constructed or to be constructed by a governmental agency or person with all or a part of the cost thereof being paid from a loan or grant from the authority under this chapter or otherwise paid from the proceeds of air quality revenue bonds, including all buildings and facilities that the authority determines necessary for the operation of the project, together with all property, rights, easements, and interests that may be required for the operation of the project. See Ohio Code 3706.01
• Allegation: something that someone says happened.
• Ambient air: means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts that surrounds human, plant, or animal life, or property. See Ohio Code 3706.01
• Ambient air: means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts that surrounds human, plant, or animal life or property. See Ohio Code 3704.01
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Annual measurable objectives: means a measure of student progress determined in accordance with an agreement between the department of education and the United States department of education. See Ohio Code 3302.01
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: means payments for life derived from contributions made by a contributor and paid from the annuity and pension reserve fund as provided in this chapter. See Ohio Code 3309.01
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Anticipation notes: means notes issued in anticipation of the library facilities notes authorized by this section. See Ohio Code 3375.404
• anything of value: includes :

  (A) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;

  (B) Goods and chattels;

  (C) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;

  (D) Receipts given for the payment of money or other property;

  (E) Rights in action;

  (F) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;

  (G) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests, and any other interest in realty;

  (H) Any promise of future employment;

  (I) Every other thing of value. See Ohio Code 1.03

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Articulated credit: means post-secondary credit that is reflected on the official record of a student at an institution of higher education only upon enrollment at that institution after graduation from a secondary school. See Ohio Code 3365.01
• Arts: includes but is not necessarily limited to literature, theater, music, the dance, painting, sculpture, photography, architecture, and motion pictures. See Ohio Code 3379.01
• Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophylite, and actinolite-tremolite as determined using the method specified in 40 C. See Ohio Code 3710.01
• Asbestos hazard abatement activity: means any activity involving the removal, renovation, enclosure, repair, encapsulation, or operations and maintenance of reasonably related friable asbestos-containing materials in an amount greater than three linear feet or three square feet. See Ohio Code 3710.01
• Asbestos hazard abatement air-monitoring technician: means the person who is responsible for environmental monitoring or work area clearance air sampling, including air monitoring performed to determine completion of response actions under the rules set forth in 40 C. See Ohio Code 3710.01
• Asbestos hazard abatement contractor: means a business entity or public entity that engages in or intends to engage in asbestos hazard abatement projects and that employs or supervises one or more asbestos hazard abatement specialists for asbestos hazard abatement activities. See Ohio Code 3710.01
• Asbestos hazard abatement project: includes any such activity involving such friable asbestos-containing materials in an amount of fifty linear feet or fifty square feet or less if, when combined with any other reasonably related activity in terms of time or location of the activity, the total amount is in an amount greater than fifty linear feet or fifty square feet. See Ohio Code 3710.01
• Asbestos hazard abatement project designer: means the person responsible for the oversight of an asbestos hazard abatement activity or the determination of the workscope, work sequence, or performance standards for an asbestos hazard abatement activity, including preparation of specifications, plans, and contract documents. See Ohio Code 3710.01
• Asbestos hazard abatement specialist: means a person with responsibility for the oversight or supervision of asbestos hazard abatement activities, including asbestos hazard abatement project managers, hazard abatement project supervisors and foremen, and employees of school districts or other governmental or public entities who coordinate or directly supervise or oversee asbestos hazard abatement activities performed by school district, governmental, or other public employees in school district, governmental, or other public buildings. See Ohio Code 3710.01
• Asbestos hazard abatement worker: means the person responsible in a nonsupervisory capacity for the performance of an asbestos hazard abatement activity. See Ohio Code 3710.01
• Asbestos hazard evaluation specialist: means a person responsible for the inspection, identification, detection, and assessment of asbestos-containing materials or suspect asbestos-containing materials, the determination of appropriate response actions, or the preparation of asbestos management plans for the purpose of protecting the public health from the hazards associated with exposure to asbestos, including the performance of air and bulk sampling. See Ohio Code 3710.01
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attending physician: means the physician in charge of the patient's care for the illness or condition that resulted in death. See Ohio Code 3705.01
• Attending physician: means the physician identified by the hospice patient, pediatric respite care patient, hospice patient's family, or pediatric respite care patient's family as having primary responsibility for the medical care of the hospice patient or pediatric respite care patient. See Ohio Code 3712.01
• Authorizing proceedings: means the resolution, legislation, trust agreement, certification and other agreements, instruments, and documents, as amended and supplemented, authorizing, or providing for the security or sale or award of, notes, and includes the provisions set forth or incorporated in those notes and proceedings. See Ohio Code 3375.404
• Autism scholarship unit: means a unit that consists of all of the students for whom autism scholarships are awarded under section 3310. See Ohio Code 3317.02
• Automatic tabulating equipment: means a machine or electronic device, or interconnected or interrelated machines or electronic devices, that will automatically examine and count votes recorded on ballots. See Ohio Code 3506.01
• Baccalaureate-oriented associate degree program: means a curricular program of not more than two years' duration that is planned and intended to enable students to gain academic credit for courses comparable to first- and second-year courses offered by accredited colleges and universities. See Ohio Code 3357.01
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Balanced budget: A budget in which receipts equal outlays.
• Ballot: means the official election presentation of offices and candidates, including write-in candidates, and of questions and issues, and the means by which votes are recorded. See Ohio Code 3506.01
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Base cost per pupil: means the following for a city, local, or exempted village school district:

  (a) For fiscal years 2022 and 2023, the aggregate base cost calculated for that district for that fiscal year under section 3317. See Ohio Code 3317.02

• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• beneficiaries: means the estate or a person or persons who, as the result of the death of a contributor or retirant, qualifies for or is receiving some right or benefit under this chapter. See Ohio Code 3309.01
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means :

  (1) An individual designated by the purchaser under a tuition payment contract or through a scholarship program as the individual on whose behalf tuition units purchased under the contract or awarded through the scholarship program will be applied toward the payment of undergraduate, graduate, or professional tuition; or

  (2) An individual designated by the contributor under a variable college savings program contract as the individual whose higher education expenses will be paid from a variable college savings program account. See Ohio Code 3334.01

• Beneficiary: means any person eligible to receive, or in receipt of, a retirement allowance or other benefit provided by this chapter. See Ohio Code 3307.01
• Benefit: means a payment, other than a retirement allowance or the annuity paid under section 3309. See Ohio Code 3309.01
• Bequest: Property gifted by will.
• Best available technology: means any combination of work practices, raw material specifications, throughput limitations, source design characteristics, an evaluation of the annualized cost per ton of pollutant removed, and air pollution control devices that have been previously demonstrated to the director of environmental protection to operate satisfactorily in this state or other states with similar air quality on substantially similar air pollution sources. See Ohio Code 3704.01
• Big eight school district: means a school district that for fiscal year 1997 had both of the following:

  (a) A percentage of children residing in the district and participating in the predecessor of Ohio works first greater than thirty per cent, as reported pursuant to section 3317. See Ohio Code 3314.02

• Biofuel: means any fuel that is made from cellulosic biomass resources, including renewable organic matter, crop waste residue, wood, aquatic plants and other crops, animal waste, solid waste, or sludge, and that is used for the production of energy for transportation or other purposes. See Ohio Code 3706.01
• Biological product: means , except as provided in section 3715. See Ohio Code 3715.01
• Birth record: means a birth certificate that has been registered with the office of vital statistics; or, if registered prior to March 16, 1989, with the division of vital statistics; or, if registered prior to the establishment of the division of vital statistics, with the department of health or a local registrar. See Ohio Code 3705.01
• Board of health: means a board of health of a city or general health district or the authority having the duties of a board of health under section 3709. See Ohio Code 3711.01
• Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709. See Ohio Code 3714.01
• board of library trustees: means the board of library trustees appointed pursuant to sections 3375. See Ohio Code 3375.404
• Board of trustees: means the board of trustees established for a college-preparatory boarding school in accordance with section 3328. See Ohio Code 3328.01
• Bond: includes an undertaking. See Ohio Code 1.02
• Bond proceedings: means the order, trust, agreement, indenture and other agreements, or amendments and supplements to the foregoing, or any one or more or combination thereof, authorizing or providing for the terms and conditions applicable to, or providing for the issuance, security, or liquidity of, obligations and the provisions contained in such obligations. See Ohio Code 3366.01
• Bond service charges: means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid on obligations. See Ohio Code 3366.01
• Bond service fund: means the applicable fund and accounts therein created in the bond proceedings for and pledged to the payment of bond service charges, including all moneys and investments, and earnings from investments, credited and to be credited thereto. See Ohio Code 3366.01
• Broadcasting station: means a properly licensed noncommercial educational television or radio station, appropriately staffed and equipped to produce programs or lessons and to broadcast programs. See Ohio Code 3353.01
• Business entity: means a partnership, firm, association, corporation, sole proprietorship, or other business concern. See Ohio Code 3710.01
• Capital appreciation bond: means a bond for which the following is true:

  (1) The principal amount is less than the amount payable at maturity or early redemption; and

  (2) No interest is payable on a current basis. See Ohio Code 3334.01

• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Certificate: means :

  (1) A document issued by the director to an individual affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos hazard abatement specialist, an asbestos hazard evaluation specialist, an asbestos hazard abatement worker, an asbestos hazard abatement project designer, an asbestos hazard abatement air-monitoring technician, an approved asbestos hazard training provider, or other category of asbestos hazard specialist that the director establishes by rule; or

  (2) A document issued by a training institution in accordance with rules adopted by the director affirming that an individual has successfully completed the instruction required in all categories as provided in sections 3710. See Ohio Code 3710.01

• Certification of birth: means a document issued by the director of health or state registrar or a local registrar under division (B) of section 3705. See Ohio Code 3705.01
• Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 1.64
• Certified nurse-midwife: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse-midwife in accordance with section 4723. See Ohio Code 1.64
• Challenged school district: means any of the following:

  (a) A school district that is part of the pilot project area;

  (b) A school district that meets one of the following conditions:

  (i) On March 22, 2013, the district was in a state of academic emergency or in a state of academic watch under section 3302. See Ohio Code 3314.02

• Chambers: A judge's office.
• Change within a permitted facility: means , within the context of the Title V permit program established under section 3704. See Ohio Code 3704.01
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Charter amendment: means a change in the official plan of a technical college for the purpose of acquiring additional lands or structures, disposing of or transferring lands or structures, erecting structures, creating or abolishing technical college or adult education technical curricular programs. See Ohio Code 3357.01
• Chief administrative officer: means the chief administrative officer of a nonpublic or community school or that person's designee. See Ohio Code 3331.01
• Child: includes child by adoption. See Ohio Code 1.59
• Child with a disability: means a child who is at least three years of age and less than twenty-two years of age; who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability (including dyslexia), deaf-blindness, or multiple disabilities; and who, by reason thereof, needs special education and related services. See Ohio Code 3323.01
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Clearance air sampling: means an air sampling performed after the completion of any asbestos hazard abatement project and prior to the reoccupation of the contained work area by the public and conducted for the purpose of protecting the public from the health hazards associated with exposure to friable asbestos-containing material. See Ohio Code 3710.01
• Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 1.64
• Closure: includes measures performed to protect public health or safety, to prevent air or water pollution, or to make the facility suitable for other uses, if any, including, without limitation, the establishment and maintenance of suitable cover of soil and vegetation over areas where construction and demolition debris is buried and the minimization of erosion, the infiltration of surface water into such areas, the production of leachate, and the accumulation and runoff of contaminated surface water. See Ohio Code 3714.01
• College savings bond issue: means any issue of bonds of which any part has been designated as college savings bonds. See Ohio Code 3334.01
• College savings bonds: means revenue and other obligations issued on behalf of the state or any agency or issuing authority thereof as a zero-coupon or capital appreciation bond, and designated as college savings bonds as provided in this chapter. See Ohio Code 3334.01
• Commodity contract: means a contract or series of contracts entered into in connection with the acquisition or construction of air quality facilities for the purchase or sale of a commodity that is eligible for prepayment with the proceeds of federally tax exempt bonds under sections 103, 141, and 148 of the Internal Revenue Code of 1986, as amended, and regulations adopted under it. See Ohio Code 3706.01
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community school: means a community school established under Chapter 3314 of the Revised Code. See Ohio Code 3302.01
• Compact career-technical education provider: means two or more city, exempted village, or local school districts that are not members of a joint vocational school district and that have entered into a compact under which students enrolled in any of the participating districts may access career-technical education programs provided by a participating district. See Ohio Code 3326.01
• compensation: means all salary, wages, and other earnings paid to a contributor by reason of employment. See Ohio Code 3309.01
• compensation: includes amounts paid by an employer as a retroactive payment of earnings, damages, or back pay pursuant to a court order, court-adopted settlement agreement, or other settlement agreement if the retirement system receives both of the following:

  (i) Teacher and employer contributions under sections 3307. See Ohio Code 3307.01

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive career-technical education provider: means a city, exempted village, or local school district that is not a member of a joint vocational school district and that provides a comprehensive career-technical education program to all high schools operated by the district. See Ohio Code 3326.01
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Construction and demolition debris: includes particles and dust created during demolition activities. See Ohio Code 3714.01
• Contiguous school districts or counties: means school districts or counties so located that each such school district or county shares at least one boundary or a portion thereof in common with at least one other such school district or county in the group of school districts or counties referred to as being "contiguous. See Ohio Code 3357.01
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contributor: includes any person participating in a plan established under section 3309. See Ohio Code 3309.01
• Contributor: means a person who signs a variable college savings program contract with the Ohio tuition trust authority and contributes to and owns the account created under the contract. See Ohio Code 3334.01
• Contributor: means any person who has an account in the teachers' savings fund or defined contribution fund, except that "contributor" does not mean a member or retirant's surviving spouse with an account in an STRS defined contribution plan. See Ohio Code 3307.01
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetic: means :

  (a) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance;

  (b) Articles intended for use as a component of any such article, except that "cosmetic" does not include soap. See Ohio Code 3715.01

• Costs of attendance: means all costs of a student incurred in connection with a program of study at an eligible institution, as determined by the institution, including tuition; instructional fees; room and board; books, computers, and supplies; and other related fees, charges, and expenses. See Ohio Code 3366.01
• Cottage food production operation: means a person who, in the person's home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, fruit butter, and similar products specified in rules adopted pursuant to section 3715. See Ohio Code 3715.01
• Council: means the Ohio arts council created by section 3379. See Ohio Code 3379.01
• Cremation: means the reduction to ashes of a dead body. See Ohio Code 3705.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dead body: means a human body or part of a human body from the condition of which it reasonably may be concluded that death recently occurred. See Ohio Code 3705.01
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default: means any failure to pay under a support order that is an amount greater than or equal to the amount of support payable under the support order for one month. See Ohio Code 3121.01
• Default ceiling amount: means one of the following amounts, whichever is applicable:

  (1) For a participant enrolled in a college operating on a semester schedule, the amount calculated according to the following formula:

  ((0. See Ohio Code 3365.01

• Default floor amount: means twenty-five per cent of the default ceiling amount. See Ohio Code 3365.01
• Default notice: means the notice required by section 3123. See Ohio Code 3123.01
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent: means a person who is recognized as a dependent by one of the uniformed services. See Ohio Code 3511.01
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated administrator: means , with respect to all obligations issued prior to September 1, 1999, and to all nonfederal education loans, the nonprofit corporation designated on November 10, 1992, under division (D) of section 3351. See Ohio Code 3366.01
• Devise: To gift property by will.
• Direct recording electronic voting machine: means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. See Ohio Code 3506.01
• Disability allowance: means an allowance paid on account of disability under section 3309. See Ohio Code 3309.01
• Disability benefit: means a benefit paid as disability retirement under section 3309. See Ohio Code 3309.01
• Disability benefit recipient: means a member who is receiving a disability benefit. See Ohio Code 3309.01
• Disability retirement: means retirement as provided in section 3309. See Ohio Code 3309.01
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any construction and demolition debris into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage. See Ohio Code 3714.01
• Docket: A log containing brief entries of court proceedings.
• Donation: means gift of a dead body to a research institution or medical school. See Ohio Code 3705.01
• Donor: The person who makes a gift.
• Drug: means :

  (a) Articles recognized in the United States pharmacopoeia and national formulary, or any supplement to them;

  (b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

  (c) Articles, other than food, intended to affect the structure or any function of the body of humans or other animals;

  (d) Articles intended for use as a component of any of the foregoing articles, other than devices or their components, parts, or accessories. See Ohio Code 3715.01

• Education loan: means a loan made by an eligible lender pursuant to the policy guidelines to or for the benefit of a student for the purpose of financing part or all of the student's costs of attendance. See Ohio Code 3366.01
• Educational choice scholarship unit: means a unit that consists of all of the students for whom educational choice scholarships are awarded under sections 3310. See Ohio Code 3317.02
• Educational telecommunications network: means a system of connected educational television, radio, or radio reading service facilities and coordinated programs established and operated or controlled by the broadcast educational media commission, pursuant to this chapter. See Ohio Code 3353.01
• Educational television or radio: means television or radio programs which serve the educational needs of the community and which meet the requirements of the federal communications commission for noncommercial educational television or radio. See Ohio Code 3353.01
• Electing employee: means any eligible employee who elects, pursuant to section 3305. See Ohio Code 3305.01
• Eligible employee: means any person employed as a full-time employee of a public institution of higher education. See Ohio Code 3305.01
• Eligible institution: means an institution described in any of divisions (H)(1)(a), (b), (c), or (d) of this section that satisfies all of the requirements set forth in divisions (H)(2), (3), and (4) of this section. See Ohio Code 3366.01
• Eligible lender: means , with respect to lenders making nonfederal education loans, a bank, national banking association, savings bank, savings and loan association, or credit union having an office in this state that satisfies the criteria for eligible lenders established pursuant to the policy guidelines. See Ohio Code 3366.01
• Eligible out-of-state college: means any institution of higher education that is located outside of Ohio and is approved by the chancellor of higher education to participate in the college credit plus program. See Ohio Code 3365.01
• Eligible student: means a student who is entitled to attend school in a participating school district; is at risk of academic failure; is from a family whose income is below two hundred per cent of the federal poverty guidelines, as defined in section 5101. See Ohio Code 3328.01
• emission: means the release into the ambient air of an air contaminant. See Ohio Code 3704.01
• Employee: means all of the following:

  (1) Any person employed by a public employer in a position for which the person is not required to have a registration, certificate, or license issued pursuant to section 3301. See Ohio Code 3309.01

• Employer: means the board of education, school district, governing authority of any community school established under Chapter 3314 of the Revised Code, a science, technology, engineering, and mathematics school established under Chapter 3326 of the Revised Code, college, university, institution, or other agency within the state by which a teacher is employed and paid. See Ohio Code 3307.01
• Employer contribution: means the amount paid by an employer as determined under section 3309. See Ohio Code 3309.01
• Employer contribution: means the amount paid by an employer, as determined by the employer rate, including the normal and deficiency rates, contributions, and funds wherever used in this chapter. See Ohio Code 3307.01
• Enclosure: means the permanent confinement of friable asbestos-containing materials with an airtight barrier in an area not used as an air plenum. See Ohio Code 3710.01
• Entitled to attend school: means entitled to attend school in a school district under section 3313. See Ohio Code 3328.01
• Entitled to attend school in the district: means entitled to attend school in a school district under section 3313. See Ohio Code 3302.01
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ethanol: means fermentation ethyl alcohol derived from agricultural products, including potatoes, cereal, grains, cheese whey, and sugar beets; forest products; or other renewable or biomass resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable or biomass resources, that meets all of the specifications in the American society for testing and materials (ASTM) specification D 4806-88 and is denatured as specified in Parts 20 and 21 of Title 27 of the Code of Federal Regulations. See Ohio Code 3706.01
• Ethanol or other biofuel facility: means a plant at which ethanol or other biofuel is produced. See Ohio Code 3706.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Facility: means any site, location, tract of land, installation, or building used for the disposal of construction and demolition debris. See Ohio Code 3714.01
• Faculty: means the teaching staff of a university, college, or school, including any academic administrators. See Ohio Code 3307.01
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Clean Air Act: means "Air Quality Act of 1967" 81 Stat. See Ohio Code 3704.01
• Federal education loan: means an education loan that is originated in compliance with the federal family education loan program authorized under Title IV, Part B, of the "Higher Education Act of 1965" 20 U. See Ohio Code 3366.01
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee: means any course-related fee and any other fee imposed by the college, but not included in tuition, for participation in the program established by this chapter. See Ohio Code 3365.01
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after such expulsion or extraction does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. See Ohio Code 3705.01
• Fiduciary: means a person who does any of the following:

  (1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;

  (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;

  (3) Has any discretionary authority or responsibility in the administration of the system. See Ohio Code 3309.01

• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means a person who does any of the following:

  (1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;

  (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;

  (3) Has any discretionary authority or responsibility in the administration of the system. See Ohio Code 3307.01

• File: means the presentation of vital records for registration by the office of vital statistics. See Ohio Code 3705.01
• Final average salary: means the sum of the annual compensation for the three highest years of compensation for which contributions were made by the member, divided by three. See Ohio Code 3309.01
• Final disposition: means the interment, cremation, removal from the state, donation, or other authorized disposition of a dead body or a fetal death. See Ohio Code 3705.01
• Financial institution: means a bank, savings and loan association, or credit union, or a regulated investment company or mutual fund. See Ohio Code 3121.01
• Finished dosage form: means the form of a drug that is, or is intended to be, dispensed or administered to humans or animals and requires no further manufacturing or processing other than packaging, reconstituting, or labeling. See Ohio Code 3715.01
• Fiscal emergency: means the existence of a fiscal emergency declared under division (B) of section 3316. See Ohio Code 3316.01
• Fiscal emergency period: means the period of time commencing on the day when the auditor of state declares that a school district is in a state of fiscal emergency under division (B) of section 3316. See Ohio Code 3316.01
• Fiscal watch: means the existence of a fiscal watch declared under division (A) of section 3316. See Ohio Code 3316.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Five-year adjusted cohort graduation rate: means the number of students who graduate in five years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate. See Ohio Code 3302.01
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Food: means :

  (a) Articles used for food or drink for humans or animals;

  (b) Chewing gum;

  (c) Articles used for components of any such articles. See Ohio Code 3715.01

• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Four-year adjusted cohort graduation rate: means the number of students who graduate in four years or less with a regular high school diploma divided by the number of students who form the adjusted cohort for the graduating class. See Ohio Code 3302.01
• Four-year state university: means those state universities listed in section 3345. See Ohio Code 3334.01
• Fraud: Intentional deception resulting in injury to another.
• Free appropriate public education: means special education and related services that meet all of the following:

  (1) Are provided at public expense, under public supervision and direction, and without charge;

  (2) Meet the standards of the state board of education;

  (3) Include an appropriate preschool, elementary, or secondary education as otherwise provided by the law of this state;

  (4) Are provided for each child with a disability in conformity with the child's individualized education program. See Ohio Code 3323.01

• Friable asbestos-containing material: means friable asbestos material as defined in rules adopted under Chapter 3704 of the Revised Code. See Ohio Code 3710.01
• FTE basis: means a count of students based on full-time equivalency, in accordance with rules adopted by the department of education pursuant to section 3317. See Ohio Code 3317.02
• funding base: means , for a city, local, or exempted village school district, the sum of the following as calculated by the department:

  (1) The district's "general funding base" which equals the amount calculated as follows:

  (a) Compute the sum of the following:

  (i) The amount calculated for the district for fiscal year 2020 under division (A)(1) of Section 265. See Ohio Code 3317.02

• Funding unit: means any of the following:

  (1) A city, local, exempted village, or joint vocational school district;

  (2) The community and STEM school unit;

  (3) The educational choice scholarship unit;

  (4) The pilot project scholarship unit;

  (5) The autism scholarship unit;

  (6) The Jon Peterson special needs scholarship unit. See Ohio Code 3317.02

• funds: means the bond service fund and any other funds, including reserve funds, created under the bond proceedings, including all moneys and investments, and earnings from investment, credited and to be credited thereto. See Ohio Code 3366.01
• Funeral director: has the meaning given in section 4717. See Ohio Code 3705.01
• FutureGen project: means the buildings, equipment, and real property and functionally related buildings, equipment, and real property, including related research projects that support the development and operation of the buildings, equipment, and real property, designated by the United States department of energy and the FutureGen industrial alliance, inc. See Ohio Code 3706.01
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Generically equivalent drug: means a drug that contains identical amounts of the identical active ingredients, but not necessarily containing the same inactive ingredients, that meets the identical compendial or other applicable standard of identity, strength, quality, and purity, including potency, and where applicable, content uniformity, disintegration times, or dissolution rates, as the prescribed brand name drug and the manufacturer or distributor holds, if applicable, either an approved new drug application or an approved abbreviated new drug application unless other approval by law or from the federal food and drug administration is required. See Ohio Code 3715.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing entity: means any of the following:

  (1) A board of education of a school district;

  (2) A governing authority of a community school established under Chapter 3314 of the Revised Code;

  (3) A governing body of a STEM school established under Chapter 3326 of the Revised Code;

  (4) A board of trustees of a college-preparatory boarding school established under Chapter 3328 of the Revised Code;

  (5) When referring to the state school for the deaf or the state school for the blind, the state board of education;

  (6) When referring to an institution operated by the department of youth services, the superintendent of that institution. See Ohio Code 3365.01

• Governmental agency: means a department, division, or other unit of state government, a municipal corporation, county, township, and other political subdivision, or any other public corporation or agency having the power to acquire, construct, or operate air quality facilities, the United States or any agency thereof, and any agency, commission, or authority established pursuant to an interstate compact or agreement. See Ohio Code 3706.01
• Governmental agency: means the state and any state department, division, commission, institution, or authority; the United States or any agency thereof; or any agency, commission, or authority established pursuant to an interstate compact or agreement; or any combination of the foregoing. See Ohio Code 3366.01
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous air pollutant: means any pollutant listed under section 112(b) of the federal Clean Air Act. See Ohio Code 3704.01
• head of household: means a person who occupies the same household as the student and who is financially responsible for the student. See Ohio Code 3328.01
• Health district: means a city or general health district created by or under the authority of Chapter 3709 of the Revised Code. See Ohio Code 3714.01
• Higher education expenses: means expenses that meet the definition of "qualified higher education expenses" under section 529 of the Internal Revenue Code. See Ohio Code 3334.01
• Home: means the primary residence occupied by the residence's owner, on the condition that the residence contains only one stove or oven used for cooking, which may be a double oven, designed for common residence usage and not for commercial usage, and that the stove or oven be operated in an ordinary kitchen within the residence. See Ohio Code 3715.01
• Home-instructed participant: means a student who has been excused from the compulsory attendance law for the purpose of home instruction under section 3321. See Ohio Code 3365.01
• Homeless children: means "homeless children and youths" as defined in section 725 of the "McKinney-Vento Homeless Assistance Act" 42 U. See Ohio Code 3323.01
• Honey: means the nectar and saccharine exudation of plants that has been gathered, modified, and stored in a honeycomb by honeybees. See Ohio Code 3715.01
• Hospice care program: means a coordinated program of home, outpatient, and inpatient care and services that is operated by a person or public agency and that provides the following care and services to hospice patients, including services as indicated below to hospice patients' families, through a medically directed interdisciplinary team, under interdisciplinary plans of care established pursuant to section 3712. See Ohio Code 3712.01
• Hospice patient: means a patient, other than a pediatric respite care patient, who has been diagnosed as terminally ill, has an anticipated life expectancy of six months or less, and has voluntarily requested and is receiving care from a person or public agency licensed under this chapter to provide a hospice care program. See Ohio Code 3712.01
• IEP: means the written statement described in section 3323. See Ohio Code 3323.01
• IEP team: means a group of individuals composed of:

  (1) The parents of a child with a disability;

  (2) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment;

  (3) At least one special education teacher, or where appropriate, at least one special education provider of the child;

  (4) A representative of the school district who meets all of the following:

  (a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

  (b) Is knowledgeable about the general education curriculum;

  (c) Is knowledgeable about the availability of resources of the school district. See Ohio Code 3323.01

• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Implementation plan: means a program for the prevention and abatement of air pollution in the state that has been promulgated or approved by the administrator pursuant to the federal Clean Air Act. See Ohio Code 3704.01
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Income: means any form of monetary payment, including personal earnings; workers' compensation payments; unemployment compensation benefits to the extent permitted by, and in accordance with, sections 3121. See Ohio Code 3121.01
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any establishment, public or private, that provides medical, surgical, or diagnostic care or treatment, or domiciliary care, to two or more unrelated individuals, or to persons committed by law. See Ohio Code 3705.01
• Institution of higher education: means a state institution of higher education, a private college, university, or other postsecondary institution located in this state that possesses a certificate of authorization issued pursuant to Chapter 1713 of the Revised Code or a certificate of registration issued by the state board of career colleges and schools under Chapter 3332 of the Revised Code, or an accredited college, university, or other postsecondary institution located outside this state that is accredited by an accrediting organization or professional association recognized by the authority. See Ohio Code 3334.01
• Instruction in braille reading and writing: means the teaching of the system of reading and writing through touch commonly known as standard English braille. See Ohio Code 3323.01
• Inter vivos: Transfer of property from one living person to another living person.
• Interchangeable biological product: means , except as provided in section 3715. See Ohio Code 3715.01
• Interconnection facilities: means the equipment, material, and services used to link one location to another location or to several locations by means of telephone line, coaxial cable, microwave relays, or other available technologies. See Ohio Code 3353.01
• Interdisciplinary team: means a working unit composed of professional and lay persons that includes at least a physician, a registered nurse, a social worker, a member of the clergy or a counselor, and a volunteer. See Ohio Code 3712.01
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interment: means the final disposition of the remains of a dead body by burial or entombment. See Ohio Code 3705.01
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
• Internet- or computer-based community school: means a community school established under this chapter in which the enrolled students work primarily from their residences on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities unless a student receives career-technical education under section 3314. See Ohio Code 3314.02
• Intestate: Dying without leaving a will.
• Issuer: means the issuing authority or, if so designated under division (B) of section 3334. See Ohio Code 3334.01
• Issuing authority: means any authority, commission, body, agency, or individual empowered by the Ohio Constitution or the Revised Code to issue bonds or any other debt obligation of the state or any agency or department thereof. See Ohio Code 3334.01
• Issuing authority: means the treasurer of state, or the officer who by law performs the functions of the treasurer of state. See Ohio Code 3366.01
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jon Peterson special needs scholarship unit: means a unit that consists of all of the students for whom Jon Peterson scholarships are awarded under sections 3310. See Ohio Code 3317.02
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juror: A person who is on the jury.
• Label: means a display of written, printed, or graphic matter upon the immediate container, exclusive of package liners, of any article. See Ohio Code 3715.01
• Labeling: means all labels and other written, printed, or graphic matter:

  (a) Upon an article or any of its containers or wrappers;

  (b) Accompanying such article. See Ohio Code 3715.01

• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Library fund: means the public library fund provided for in Chapter 5747 of the Revised Code or any successor to that fund. See Ohio Code 3375.404
• License: means a document issued by the director of environmental protection to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos hazard abatement projects as an asbestos hazard abatement contractor. See Ohio Code 3710.01
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live birth: means the complete expulsion or extraction from its mother of a product of human conception that after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Ohio Code 3705.01
• Local air pollution control authority: includes all of the following unless terminated by the political subdivisions represented thereby:

  (1) All of the following agencies representing the following political subdivisions, as those agencies existed on July 1, 1993:

  (a) The Akron regional air quality management district representing Medina, Summit, and Portage counties;

  (b) The Canton city health department representing Stark county;

  (c) The Hamilton county department of environmental services, southwest Ohio air quality agency representing Butler, Warren, Hamilton, and Clermont counties;

  (d) The city of Cleveland division of the environment representing Cuyahoga county;

  (e) The regional air pollution control agency representing Darke, Preble, Miami, Montgomery, Clark, and Greene counties;

  (f) The Lake county general health district representing Lake and Geauga counties;

  (g) The Portsmouth city health department representing Brown, Adams, Scioto, and Lawrence counties;

  (h) The city of Toledo division of pollution control representing Lucas county and the city of Rossford in Wood county. See Ohio Code 3704.01

• Local district pension system: means any school employees' pension fund created in any school district of the state prior to September 1, 1937. See Ohio Code 3309.01
• LRE: is a n abbreviation for "least restrictive environment. See Ohio Code 3317.02
• Majority whip: See Whips.
• management company: means either of the following:

  (a) An individual or organization that manages the daily operations of a community school pursuant to a contract between the operator or management company and the school's governing authority;

  (b) A nonprofit organization that provides programmatic oversight and support to a community school under a contract with the school's governing authority and that retains the right to terminate its affiliation with the school if the school fails to meet the organization's quality standards. See Ohio Code 3314.02

• Manufacture: means the planting, cultivating, harvesting, processing, making, preparing, or otherwise engaging in any part of the production of a drug by propagating, compounding, converting, or processing, either directly or indirectly by extracting from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the following:

  (i) Any packaging or repackaging of the drug or labeling or relabeling of its container, the promotion and marketing of the drug, and other activities incident to production;

  (ii) The preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, licensed health professionals authorized to prescribe drugs, or other persons. See Ohio Code 3715.01

• Marking device: means an apparatus operated by a voter to record the voter's choices through the marking of ballots enabling them to be examined and counted by automatic tabulating equipment. See Ohio Code 3506.01
• Maternity home: means a facility for pregnant girls and women where accommodations, medical care, and social services are provided during the prenatal and postpartal periods. See Ohio Code 3711.01
• Maternity unit: means a distinct portion of a hospital in which inpatient care is provided to women during all or part of the maternity cycle. See Ohio Code 3711.01
• Maximum per participant charge amount: means one of the following amounts, whichever is applicable:

  (1) For a participant enrolled in a college operating on a semester schedule, the amount calculated according to the following formula:

  ((formula amount / 30)

  X number of enrolled credit hours)

  (2) For a participant enrolled in a college operating on a quarter schedule, the amount calculated according to the following formula:

  ((formula amount / 45)

  X number of enrolled credit hours)

  (J) "Nonpublic secondary school" means a chartered school for which minimum standards are prescribed by the state board of education pursuant to division (D) of section 3301. See Ohio Code 3365.01

• Medical certification: means completion of the medical certification portion of the certificate of death or fetal death as to the cause of death or fetal death. See Ohio Code 3705.01
• Medically fragile child: means a child to whom all of the following apply:

  (1) The child requires the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of the child's medical condition. See Ohio Code 3317.02

• Member: includes a disability benefit recipient. See Ohio Code 3309.01
• Member: means any person included in the membership of the state teachers retirement system, which shall consist of all teachers and contributors as defined in divisions (B) and (D) of this section and all disability benefit recipients, as defined in section 3307. See Ohio Code 3307.01
• Minority leader: See Floor Leaders
• Minority whip: See Whips.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Museum: includes , but is not limited to, historical societies, historic sites or landmarks, parks, monuments, libraries, arboreta, and zoos. See Ohio Code 3385.01
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• New drug: means :

  (a) Any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;

  (b) Any drug the composition of which is such that the drug, as a result of investigation to determine its safety for use under such conditions, has become so recognized, but that has not, other than in an investigation, been used to a material extent or for a material time under such conditions. See Ohio Code 3715.01

• new facility: includes an existing facility that is proposing to expand the facility beyond the limits of construction and demolition debris placement approved by a board of health or the director of environmental protection, as applicable, under this chapter. See Ohio Code 3714.01
• New start-up school: means a community school other than one created by converting all or part of an existing public school or educational service center building, as designated in the school's contract pursuant to division (A)(17) of section 3314. See Ohio Code 3314.02
• Newborn care nursery: means a distinct portion of a hospital in which inpatient care is provided to infants. See Ohio Code 3711.01
• Note service charges: means principal, including any mandatory sinking fund or redemption requirements for retirement of notes, interest, and any redemption premium payable on notes. See Ohio Code 3375.404
• Notes: means the library facilities notes authorized by this section, including anticipation notes. See Ohio Code 3375.404
• Number of enrolled credit hours: means the number of credit hours for a course in which a participant is enrolled during the previous term after the date on which a withdrawal from a course would have negatively affected the participant's transcripted grade, as prescribed by the college's established withdrawal policy. See Ohio Code 3365.01
• Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligations: means the bonds, notes, or securities of this state issued by the issuing authority pursuant to this chapter. See Ohio Code 3366.01
• Ohio service credit: means all contributing service of a member of the school employees retirement system, and all prior service, computed as provided in this chapter, and all service established pursuant to sections 3309. See Ohio Code 3309.01
• Operator: means the operator of a college-preparatory boarding school selected under section 3328. See Ohio Code 3328.01
• other educational agency: includes a joint vocational school district. See Ohio Code 3323.01
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Overseas voter: means any of the following:

  (1) A person who is outside of the United States and who, before leaving the United States, was last eligible to vote in this state, who may be considered a state resident using the standards for residency established in sections 3503. See Ohio Code 3511.01

• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: includes an individual, copartnership, association, or corporation having any title or interest in any property, rights, easements, or interests authorized to be acquired by this chapter. See Ohio Code 3706.01
• Palliative care: means specialized care for a patient of any age who has been diagnosed with a serious or life-threatening illness that is provided at any stage of the illness by an interdisciplinary team working in consultation with other health care professionals, including those who may be seeking to cure the illness, and that aims to do all of the following:

  (1) Relieve the symptoms, stress, and suffering resulting from the illness;

  (2) Improve the quality of life of the patient and the patient's family;

  (3) Address the patient's physical, emotional, social, and spiritual needs;

  (4) Facilitate patient autonomy, access to information, and medical decision making. See Ohio Code 3712.01

• parent: means the parent who is the residential parent and legal custodian of the child. See Ohio Code 3321.01
• Participant: means any student enrolled in a college under the program established by this chapter. See Ohio Code 3365.01
• Participating school district: means either of the following:

  (1) The school district in which a college-preparatory boarding school established under this chapter is located;

  (2) A school district other than one described in division (G)(1) of this section that, pursuant to procedures adopted by the state board of education under section 3328. See Ohio Code 3328.01

• Partnering college: means a college with which a public or nonpublic secondary school has entered into an agreement in order to offer the program established by this chapter. See Ohio Code 3365.01
• Partnering secondary school: means a public or nonpublic secondary school with which a college has entered into an agreement in order to offer the program established by this chapter. See Ohio Code 3365.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payor: means any person or entity that pays or distributes income to an obligor, including an obligor if the obligor is self-employed; an employer; an employer paying an obligor's workers' compensation benefits; the public employees retirement board; the governing entity of a municipal retirement system; the board of trustees of the Ohio police and fire pension fund; the state teachers retirement board; the school employees retirement board; the state highway patrol retirement board; a provider, as defined in section 3305. See Ohio Code 3121.01
• Pediatric respite care patient: means a patient, other than a hospice patient, who is less than twenty-seven years of age and to whom all of the following conditions apply:

  (1) The patient has been diagnosed with a disease or condition that is life-threatening and is expected to shorten the life expectancy that would have applied to the patient absent the patient's diagnosis, regardless of whether the patient is terminally ill. See Ohio Code 3712.01

• Pediatric respite care program: means a program operated by a person or public agency that provides inpatient respite care and related services, including all of the following services, only to pediatric respite care patients and, as indicated below, pediatric respite care patients' families, in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during or leading up to the final stages of illness, dying, and bereavement:

  (1) Short-term inpatient care, including both palliative and respite care and procedures;

  (2) Nursing care by or under the supervision of a registered nurse;

  (3) Physician's services;

  (4) Medical social services by a social worker under the direction of a physician;

  (5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

  (6) Counseling for pediatric respite care patients and pediatric respite care patients' families;

  (7) Bereavement services for respite care patients' families. See Ohio Code 3712.01

• Pediatric transition care patient: means a patient, other than a hospice patient, who is less than twenty-seven years of age and to whom all of the following conditions apply:

  (1) The patient has been diagnosed with a disease or condition that is life-threatening and is expected to shorten the life expectancy that would have applied to the patient absent the patient's diagnosis, regardless of whether the patient is terminally ill. See Ohio Code 3712.01

• Pediatric transition care program: means a program operated by a person or public agency that arranges for the provision of health care and related services in a private home setting, including all of the following services, only to pediatric transition care patients, who are not related by birth or adoption to the person that arranges for the provision of health care and related services, and, as indicated below, the parents of pediatric transition care patients, in order to meet the physical, psychological, social, spiritual, and other special needs of children who have been diagnosed with life-threatening diseases and conditions:

  (1) Inpatient care and procedures;

  (2) Skilled nursing care;

  (3) Nursing care by or under the supervision of a registered nurse;

  (4) Physician's services;

  (5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

  (6) For a pediatric transition care patients' parents, counseling, education, and visitation to promote reunification. See Ohio Code 3712.01

• Pension: means annual payments for life derived from appropriations made by an employer and paid from the employers' trust fund or the annuity and pension reserve fund. See Ohio Code 3309.01
• Pension reserve: means the present value, computed upon the basis of mortality tables adopted by the school employees retirement board, of all payments to be made on account of any pension, or benefit in lieu of any pension, granted to a retirant or a beneficiary. See Ohio Code 3309.01
• Performance index score: means the average of the totals derived from calculations, for each subject area, of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301. See Ohio Code 3302.01
• Period of default: means the period beginning on the date a default under a support order is identified and ending on the date the total arrearage amount owed under the order is paid. See Ohio Code 3123.01
• Person: means any individual, firm, partnership, association, or corporation, or any combination thereof. See Ohio Code 3706.01
• Person: means any individual, business entity, governmental body, or other public or private entity. See Ohio Code 3710.01
• Person: includes the state, any political subdivision of the state or other state or local body, the United States and any agency or instrumentality thereof, and any legal entity or organization defined as a person under section 1. See Ohio Code 3714.01
• Person: means an individual, partnership, corporation, or association. See Ohio Code 3715.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Person: means any individual, corporation, business trust, estate, trust, partnership, or association, any federal, state, interstate, regional, or local governmental agency, any subdivision of the state, or any combination of these. See Ohio Code 3366.01
• Person: means the federal government or any agency thereof, the state or any agency thereof, any political subdivision or any agency thereof, or any public or private corporation, individual, partnership, or other entity. See Ohio Code 3704.01
• Personal property: All property that is not real property.
• Physician: means a person licensed pursuant to Chapter 4731. See Ohio Code 3705.01
• Physician: means a person authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 3712.01
• Physician assistant: means an individual who is licensed under Chapter 4730 of the Revised Code to provide services as a physician assistant to patients under the supervision, control, and direction of one or more physicians. See Ohio Code 1.64
• Pilot project area: means the school districts included in the territory of the former community school pilot project established by former Section 50. See Ohio Code 3314.02
• Pilot project scholarship unit: means a unit that consists of all of the students for whom pilot project scholarships are awarded under sections 3313. See Ohio Code 3317.02
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pledged receipts: means , to the extent the following are pledged by the bond proceedings for the payment of bond service charges: all receipts representing moneys accruing from or in connection with the repayment of education loans, including interest and payments from any guarantee or insurance in respect to such education loans; accrued interest received from the sale of obligations; the balances in the special funds; income from the investment of the special funds; all right, title, and interest of the state and the designated administrator in the education loans and any guarantees or insurance in respect thereof, and any money representing the proceeds of obligations or any income from or interest on those proceeds; or any other gifts, grants, donations, and pledges and any income and receipts therefrom, available and pledged for the payment of bond service charges. See Ohio Code 3366.01
• Policy guidelines: means the rules adopted pursuant to division (A) of section 3366. See Ohio Code 3366.01
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Potentially hazardous food: means a food that is natural or synthetic, to which any of the following apply:

  (a) It has a pH level greater than 4. See Ohio Code 3715.01

• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preschool child with a disability: means a child with a disability, as defined in section 3323. See Ohio Code 3317.02
• Preschool child with a disability: means a child with a disability who is at least three years of age but is not of compulsory school age, as defined under section 3321. See Ohio Code 3323.01
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal amount: refers to the initial offering price to the public of an obligation, exclusive of the accrued interest, if any. See Ohio Code 3334.01
• Prior service: means all service rendered prior to September 1, 1937:

  (1) As an employee as defined in division (B) of this section;

  (2) As an employee in a capacity covered by the public employees retirement system or the state teachers retirement system;

  (3) As an employee of an institution in another state, service credit for which was procured by a member under the provisions of section 3309. See Ohio Code 3309.01

• Private college: means any of the following:

  (1) A nonprofit institution holding a certificate of authorization pursuant to Chapter 1713 of the Revised Code;

  (2) An institution holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332. See Ohio Code 3365.01

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeds loan: means the transfer, pursuant to a loan agreement or agency agreement, of the proceeds of the obligations, or the deposit of the proceeds of the obligations with a trustee in trust under a trust agreement, indenture, or other trust document under the bond proceedings pending their disbursement for the purposes authorized by this chapter. See Ohio Code 3366.01
• processing: means the receipt or storage of construction and demolition debris, or the movement of construction and demolition debris from vehicles or containers to a working surface, for purposes of separating the debris into individual types of materials as a commodity for use in a beneficial manner that does not constitute disposal. See Ohio Code 3714.01
• Processing facility: means a site, location, tract of land, installation, or building that is used or intended to be used for the purpose of processing, transferring, or recycling construction and demolition debris that was generated off the premises of the facility. See Ohio Code 3714.01
• Property: means real and personal property. See Ohio Code 1.59
• Property: means any tangible, nonliving object in a museum's possession that has intrinsic historic, artistic, scientific, educational, or cultural value. See Ohio Code 3385.01
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provider: means , with respect to each public institution of higher education, a vendor that has entered into an agreement with that public institution of higher education in accordance with section 3305. See Ohio Code 3305.01
• Public college: means a "state institution of higher education" in section 3345. See Ohio Code 3365.01
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• public employer: means boards of education, school districts, joint vocational districts, governing authorities of community schools established under Chapter 3314 of the Revised Code, a science, technology, engineering, and mathematics school established under Chapter 3326 of the Revised Code, educational institutions, technical colleges, state, municipal, and community colleges, community college branches, universities, university branches, other educational institutions, or other agencies within the state by which an employee is employed and paid, including any organization using federal funds, provided the federal funds are disbursed by an employer as determined by the above. See Ohio Code 3309.01
• Public entity: means the state or any of its political subdivisions or any agency or instrumentality of either. See Ohio Code 3710.01
• Public institution of higher education: means a state university as defined in section 3345. See Ohio Code 3305.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public library: means any of the libraries provided for in sections 3375. See Ohio Code 3375.404
• Public roads: includes all public highways, roads, and streets in the state, whether maintained by the state, county, city, township, or other political subdivision. See Ohio Code 3706.01
• Public secondary school: means a school serving grades nine through twelve in a city, local, or exempted village school district, a joint vocational school district, a community school established under Chapter 3314 of the Revised Code, a STEM school established under Chapter 3326 of the Revised Code, a college-preparatory boarding school established under Chapter 3328 of the Revised Code, the state school for the deaf, the state school for the blind, or an institution operated by the department of youth services. See Ohio Code 3365.01
• Public utility facilities: includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility. See Ohio Code 3706.01
• Pulverized debris: means a load of debris that, after demolition has occurred, but prior to acceptance of the load of debris for disposal, has been shredded, crushed, ground, or otherwise rendered to such an extent that the load of debris is unidentifiable as construction and demolition debris. See Ohio Code 3714.01
• Purchaser: means the person signing the tuition payment contract, who controls the account and acquires tuition units for an account under the terms and conditions of the contract. See Ohio Code 3334.01
• Qualified ground water scientist: means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has at least five years of relevant experience in ground water hydrogeology and related fields that enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective measures. See Ohio Code 3714.01
• Quorum: The number of legislators that must be present to do business.
• Radio reading service: means a nonprofit organization that disseminates news and other information to persons who are blind and persons with other print disabilities. See Ohio Code 3353.01
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Recycling: means processing construction and demolition debris that would otherwise be disposed of and returning the material to commerce as a commodity for use in a beneficial manner that does not constitute disposal. See Ohio Code 3714.01
• Refunding notes: means notes issued to provide for the refunding of the notes, or of obligations issued prior to March 4, 1996, collectively referred to in this section as refunded obligations. See Ohio Code 3375.404
• Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
• Registered nurse: means a person registered under Chapter 4723 of the Revised Code to practice professional nursing. See Ohio Code 3712.01
• Registration: means the acceptance by the office of vital statistics and the incorporation of vital records into its official records. See Ohio Code 3705.01
• Related services: includes :

  (1) Child study, special education supervisors and coordinators, speech and hearing services, adaptive physical development services, occupational or physical therapy, teacher assistants for children with disabilities whose disabilities are described in division (B) of section 3317. See Ohio Code 3317.02

• Related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, school health services, social work services in schools, and parent counseling and training, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See Ohio Code 3323.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Renovation: means altering a facility or one or more facility components in any way, including the stripping or removal of friable asbestos-containing material from a facility component. See Ohio Code 3710.01
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Research and development sources: means sources whose activities are conducted for nonprofit scientific or educational purposes; sources whose activities are conducted to test more efficient production processes or methods for preventing or reducing adverse environmental impacts, provided that the activities do not include the production of an intermediate or final product for sale or exchange for commercial profit, except in a de minimis manner; a research or laboratory source the primary purpose of which is to conduct research and development into new processes and products, that is operated under the close supervision of technically trained personnel, and that is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner; the temporary use of normal production sources in a research and development mode to test the technical or commercial viability of alternative raw materials or production processes, provided that the use does not include the production of an intermediate or final product for sale or exchange for commercial profit, except in a de minimis manner; the experimental firing of any fuel or combination of fuels in a boiler, heater, furnace, or dryer for the purpose of conducting research and development of more efficient combustion or more effective prevention or control of air pollutant emissions, provided that, during those periods of research and development, the heat generated is not used for normal production purposes or for producing a product for sale or exchange for commercial profit, except in a de minimis manner; and such other similar sources as the director may prescribe by rule. See Ohio Code 3704.01
• Resident: means any student who would qualify as a resident of this state for state subsidy and tuition surcharge purposes under rules adopted by the Ohio board of regents under section 3333. See Ohio Code 3366.01
• Responsible official: means one of the following, as applicable:

  (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of any such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a Title V permit and if one of the following applies:

  (a) The facilities employ more than two hundred fifty individuals or have gross annual sales or expenditures exceeding twenty-five million dollars, in second quarter 1980 dollars;

  (b) The delegation of authority to the representative is approved in advance by the director. See Ohio Code 3704.01

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retirant: means any former member who retired and is receiving a retirement allowance under section 3309. See Ohio Code 3309.01
• Retirement allowance: means the pension plus the annuity. See Ohio Code 3309.01
• Revenues: means all rentals and other charges received by the authority for the use or services of any air quality project, any gift or grant received with respect to any air quality project, any moneys received with respect to the lease, sublease, sale, including installment sale or conditional sale, or other disposition of an air quality project, moneys received in repayment of and for interest on any loans made by the authority to a person or governmental agency, whether from the United States or any department, administration, or agency thereof, or otherwise, proceeds of such bonds to the extent that use thereof for payment of principal of, premium, if any, or interest on the bonds is authorized by the authority, amounts received or otherwise derived from a commodity contract or from the sale of the related commodity under such a contract, proceeds from any insurance, condemnation, or guaranty pertaining to a project or property mortgaged to secure bonds or pertaining to the financing of the project, and income and profit from the investment of the proceeds of air quality revenue bonds or of any revenues. See Ohio Code 3706.01
• Rule: includes regulation. See Ohio Code 1.59
• Scholarship program: means a program registered with the Ohio tuition trust authority pursuant to section 3334. See Ohio Code 3334.01
• School district: means a city, local, or exempted village school district. See Ohio Code 3323.01
• Secondary grade: means any of grades nine through twelve. See Ohio Code 3365.01
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Skilled nursing care: includes the following:

  (1) Irrigations, catheterizations, application of dressings, and supervision of special diets;

  (2) Objective observation of changes in the patient's condition as a means of analyzing and determining the nursing care required and the need for further medical diagnosis and treatment;

  (3) Special procedures contributing to rehabilitation;

  (4) Administration of medication by any method ordered by a physician, such as hypodermically, rectally, or orally, including observation of the patient after receipt of the medication;

  (5) Carrying out other treatments prescribed by the physician that involve a similar level of complexity and skill in administration. See Ohio Code 3712.01

• Sludge: means any solid, semisolid, or liquid waste, other than a recyclable by-product, generated from a municipal, commercial, or industrial waste water treatment plant, water supply plant, or air pollution control facility or any other such wastes having similar characteristics and effects. See Ohio Code 3706.01
• Small business stationary source: means any building, structure, facility, or installation that emits any federally regulated air pollutant and is owned or operated by a person who employs one hundred or fewer individuals; is a small business concern as defined in the "Small Business Act" 72 Stat. See Ohio Code 3704.01
• Social worker: means a person licensed under Chapter 4757 of the Revised Code to practice as a social worker or independent social worker. See Ohio Code 3712.01
• Solid waste: means any garbage; refuse; sludge from a waste water treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but not including solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges that are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act Amendments of 1972" 86 Stat. See Ohio Code 3706.01
• Special education: includes instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, including an early childhood education setting, and instruction in physical education. See Ohio Code 3323.01
• Sponsor: means the board of education of a school district or the governing board of an educational service center that agrees to the conversion of all or part of a school or building under division (B) of this section, or an entity listed in division (C)(1) of this section, which has been approved by the department of education to sponsor community schools or is exempted by section 3314. See Ohio Code 3314.02
• Standard rate: means the amount per credit hour assessed by the college for an in-state student who is enrolled in an undergraduate course at that college, but who is not participating in the college credit plus program, as prescribed by the college's established tuition policy. See Ohio Code 3365.01
• state: means the state of Ohio. See Ohio Code 1.59
• state agency: except as otherwise provided in the title, means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government. See Ohio Code 1.60
• State institution of higher education: includes the state universities listed in section 3345. See Ohio Code 3334.01
• State registrar: means the head of the office of vital statistics in the department of health. See Ohio Code 3705.01
• State retirement system: means the public employees retirement system created under Chapter 145 of the Revised Code, the state teachers retirement system created under Chapter 3307. See Ohio Code 3305.01
• State share percentage: means the following for a city, local, or exempted village school district:

  (a) For fiscal years 2022 and 2023, the state share percentage calculated under section 3317. See Ohio Code 3317.02

• Statewide average base cost per pupil: means the following:

  (1) For fiscal years 2022 and 2023, the statewide average base cost per pupil calculated under division (A) of section 3317. See Ohio Code 3317.02

• Statewide average career-technical base cost per pupil: means the following:

  (1) For fiscal years 2022 and 2023, the statewide average career-technical base cost per pupil calculated under division (B) of section 3317. See Ohio Code 3317.02

• Statute: A law passed by a legislature.
• STEAM: is a n abbreviation of "science, technology, engineering, arts, and mathematics. See Ohio Code 3326.01
• STEM: is a n abbreviation of "science, technology, engineering, and mathematics. See Ohio Code 3326.01
• STEM school: means a science, technology, engineering, and mathematics school established under Chapter 3326 of the Revised Code. See Ohio Code 3317.02
• STEM school: means a science, technology, engineering, and mathematics school established under Chapter 3326 of the Revised Code. See Ohio Code 3302.01
• Stillborn: means that an infant of at least twenty weeks of gestation suffered a fetal death. See Ohio Code 3705.01
• Storage: means the holding of construction and demolition debris for a temporary period in such a manner that it remains retrievable and substantially unchanged and, at the end of the period, is disposed of or reused or recycled in a beneficial manner. See Ohio Code 3714.01
• STRS defined benefit plan: means the plan described in sections 3307. See Ohio Code 3307.01
• STRS defined contribution plan: means the plans established under section 3307. See Ohio Code 3307.01
• Student: includes dependent and independent undergraduate, graduate, and professional students. See Ohio Code 3366.01
• Student with a visual impairment: means any person who is less than twenty-two years of age and who has a visual impairment as that term is defined in this section. See Ohio Code 3323.01
• Subgroup: means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:

  (1) Major racial and ethnic groups;

  (2) Students with disabilities;

  (3) Economically disadvantaged students;

  (4) English learners;

  (5) Students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324 of the Revised Code. See Ohio Code 3302.01

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superannuate: means both of the following:

  (1) A former teacher receiving from the system a retirement allowance under section 3307. See Ohio Code 3307.01

• Supplemental educational services: means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001. See Ohio Code 3302.01
• System of vital statistics: means the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto. See Ohio Code 3705.01
• Taxes charged and payable: means the taxes charged and payable against real and public utility property after making the reduction required by section 319. See Ohio Code 3317.02
• Teacher: means all of the following:

  (a) Any person paid from public funds and employed in the public schools of the state under any type of contract described in section 3311. See Ohio Code 3307.01

• Technical college: means an institution of education beyond the high school, including an institution of higher education, organized for the principal purpose of providing for the residents of the technical college district, wherein such college is situated, any one or more of the instructional programs defined in this section as "technical college" or "adult-education technical programs" normally not exceeding two years' duration and not leading to a baccalaureate degree, except as provided in section 3333. See Ohio Code 3357.01
• Technical college district: means a political subdivision of the state and a body corporate with all the powers of a corporation, comprised of the territory of a city school district or a county, or two or more contiguous school districts or counties, which meets the standards prescribed by the chancellor of higher education pursuant to section 3357. See Ohio Code 3357.01
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title IV-D case: means any case in which the child support enforcement agency is enforcing the child support order pursuant to Title IV-D of the "Social Security Act" 88 Stat. See Ohio Code 3125.01
• Title V permit: means an operating permit required to be issued by the state under section 502 of the federal Clean Air Act and issued under section 3704. See Ohio Code 3704.01
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total ADM: means , for a city, local, or exempted village school district, the enrollment reported under division (A) of section 3317. See Ohio Code 3317.02
• total service: includes any period, not in excess of three years, during which a member was out of service and receiving benefits from the state insurance fund, provided the injury or incapacitation was the direct result of school employment. See Ohio Code 3309.01
• Total special education ADM: means the sum of categories one through six special education ADM. See Ohio Code 3317.02
• Total taxable value: means the sum of the amounts certified for a city, local, exempted village, or joint vocational school district under divisions (A)(1) and (2) of section 3317. See Ohio Code 3317.02
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transcripted credit: means post-secondary credit that is conferred by an institution of higher education and is reflected on a student's official record at that institution upon completion of a course. See Ohio Code 3365.01
• transferring: means the receipt or storage of construction and demolition debris, or the movement of construction and demolition debris from vehicles or containers to a working surface and into other vehicles or containers, for purposes of transporting the debris to a solid waste landfill facility, a construction and demolition debris facility, or a processing facility. See Ohio Code 3714.01
• Transition services: means a coordinated set of activities for a child with a disability that meet all of the following:

  (1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living; or community participation;

  (2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests;

  (3) Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. See Ohio Code 3323.01

• Transmission: means the sending out of television, radio, or radio reading service programs, either directly to the public, or to broadcasting stations or services for simultaneous broadcast or rebroadcast. See Ohio Code 3353.01
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Tuition: means the charges imposed to attend an institution of higher education as an undergraduate, graduate, or professional student and all fees required as a condition of enrollment, as determined by the Ohio tuition trust authority. See Ohio Code 3334.01
• Tuition discount: means any deduction from the base tuition amount per student charged by a chartered nonpublic school, to which the student's family is entitled due to one or more of the following conditions:

  (1) The student's family has multiple children enrolled in the same school. See Ohio Code 3317.02

• Tuition unit: includes a tuition credit purchased prior to July 1, 1994. See Ohio Code 3334.01
• Undertaking: includes a bond. See Ohio Code 1.02
• Uniformed services: means :

  (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;

  (2) The merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

  (3) The national guard and the organized militia. See Ohio Code 3511.01

• Uniformed services voter: means an individual who is qualified to vote in this state and who is:

  (1) A member of one of the uniformed services described in division (C)(1) or (2) of this section;

  (2) A member of one of the uniformed services described in division (C)(3) of this section who is on activated status. See Ohio Code 3511.01

• United States: includes all the states. See Ohio Code 1.59
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urban school district: means one of the state's twenty-one urban school districts as defined in division (O) of section 3317. See Ohio Code 3314.02
• Value-added progress dimension: means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement assessments prescribed by section 3301. See Ohio Code 3302.01
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Vendor: means an entity designated under section 3305. See Ohio Code 3305.01
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Vital records: means certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, annulment, and data related thereto and other documents maintained as required by statute. See Ohio Code 3705.01
• Voter verified paper audit trail: means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. See Ohio Code 3506.01
• Voting machines: means mechanical or electronic equipment for the direct recording and tabulation of votes. See Ohio Code 3506.01
• Weighted average tuition: means the tuition cost resulting from the following calculation:

  (1) Add the products of the annual undergraduate tuition charged to Ohio residents at each four-year state university multiplied by that institution's total number of undergraduate fiscal year equated students; and

  (2) Divide the gross total of the products from division (I)(1) of this section by the total number of undergraduate fiscal year equated students attending four-year state universities. See Ohio Code 3334.01

• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means the year beginning the first day of July and ending with the thirtieth day of June next following. See Ohio Code 3309.01
• Year: means the year beginning the first day of July and ending with the thirtieth day of June next following, except that for the purpose of determining final average salary under the plan described in sections 3307. See Ohio Code 3307.01