As Reported by the House Finance and Appropriations Committee* 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 770 5
1997-1998 6
REPRESENTATIVES JOHNSON-SYKES-VERICH-THOMAS-VESPER-WOMER BENJAMIN- 8
O'BRIEN-PERZ-MOTTLEY-METZGER-CORE 9
11
A B I L L
To amend sections 101.68, 126.14, 131.35, 133.06, 14
325.19, 718.01, 3313.646, 3313.841, 3313.842,
3313.975, 3313.98, 3314.02, 3314.03, 3314.06, 15
3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 16
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 18
3317.0212, 3317.0213, 3317.0214, 3317.0215,
3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 19
3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 20
3318.06, 3318.08, 3318.10, 3319.22, 3323.091,
3323.12, 3734.57, 3734.82, 4123.40, 4701.10, 21
4701.20, 4743.05, 4745.01, 5101.93, 5104.32,
5104.34, 5104.35, 5104.38, 5711.22, 5733.04, 22
5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 23
5733.98, 5747.01, 5747.08, 5747.43, and 5747.98; 25
to enact sections 715.013, 3314.12, 3314.13, 26
3315.171, 3315.181, 3317.20, 3345.122, 4981.091, 27
5733.058, 5733.401, 5733.402, 5747.401, and 29
5907.15; and to repeal section 5747.452 of the
Revised Code; to amend Section 50.11 of Am. Sub. 30
H.B. 215 of the 122nd General Assembly, as 31
subsequently amended; to amend Section 50.11 of
Am. Sub. H.B. 215 of the 122nd General Assembly, 32
as subsequently amended, for the purpose of
changing its number to section 3317.162 of the 34
Revised Code; to amend Sections 20.05, 47.13,
50.52, 50.52.2, 50.52.4, 50.52.7, 50.52.9, 58, 35
62.01, 67.08, 101, 119, 190, and 210 of Am. Sub. 36
2
H.B. 215 of the 122nd General Assembly; to amend 38
Section 67.05 of Am. Sub. H.B. 215 of the 122nd
General Assembly, as amended by Sub. H.B. 446 of 39
the 122nd General Assembly; to amend Sections 50, 40
50.07, 50.08, 50.09, 50.10, 50.12, 50.13, 50.14,
50.24, 50.44, 50.52.5, and 50.52.10 of Am. Sub. 42
H.B. 215 of the 122nd General Assembly, as 43
amended by Am. Sub. H.B. 650 of the 122nd General 44
Assembly; to amend Sections 18 and 19 of Am. Sub.
H.B. 650 of the 122nd General Assembly; to amend 46
Section 50.06 of Am. Sub. H.B. 215 of the 122nd
General Assembly, as amended by Am. Sub. H.B. 182 47
and Am. Sub. H.B. 650 of the 122nd General 48
Assembly; to amend Section 7 of Am. Sub. S.B. 102
of the 122nd General Assembly; and to repeal 49
Section 50.52.12 of Am. Sub. H.B. 215 of the
122nd General Assembly to correct, supplement, 50
and modify certain authorizations and conditions 51
established for the operation and administration
of state programs, and to make appropriations for 52
the biennium ending June 30, 1999. 53
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 55
Section 1. That sections 101.68, 126.14, 131.35, 133.06, 58
325.19, 718.01, 3313.646, 3313.841, 3313.842, 3313.975, 3313.98, 59
3314.02, 3314.03, 3314.06, 3314.07, 3314.08, 3317.01, 3317.013, 60
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 62
3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 3317.03, 63
3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 3317.161,
3317.19, 3318.06, 3318.08, 3318.10, 3319.22, 3323.091, 3323.12, 64
3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 65
5101.93, 5104.32, 5104.34, 5104.35, 5104.38, 5711.22, 5733.04, 66
5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 67
5747.08, 5747.43, and 5747.98 be amended and sections 715.013, 70
3
3314.12, 3314.13, 3315.171, 3315.181, 3317.20, 3345.122,
4981.091, 5733.058, 5733.401, 5733.402, 5747.401, and 5907.15 of 71
the Revised Code be enacted and that Section 50.11 of Am. Sub. 72
H.B. 215 of the 122nd General Assembly, as most recently amended 73
by Am. Sub. H.B. 650 of the 122nd General Assembly, be amended 74
and renumbered as section 3317.162 of the Revised Code to read as 75
follows:
Sec. 101.68. (A) Within thirty days of the convening of 84
the first regular session of the general assembly, each agency 85
required to submit reports or similar documents to the general 86
assembly pursuant to section 103.43, 154.05, 3301.07, 5139.33, 87
5501.07, 5537.17, or 5593.21 of the Revised Code shall send 88
written notice to each member of the general assembly in order to 89
determine whether the member desires to personally receive the 90
reports or similar documents as they are made available by the 91
agency. If the member desires to personally receive the reports 92
or similar documents as they become available, the member shall 93
send a written request to the agency within thirty days of 94
receiving the notice. 95
(B)(1) Whenever any statute or rule requires that a 97
report, recommendation, or other similar document be submitted to 98
the general assembly under a law not cited in division (A) of 99
this section, to the members of the general assembly, to one 100
house of the general assembly, or to the members of one house of 101
the general assembly, the requirement shall be fulfilled by the 102
submission of a copy of the report, recommendation, or document 103
to the director of the legislative service commission, the 104
president of the senate, the minority leader of the senate, the 105
speaker of the house of representatives, and the minority leader 106
of the house of representatives if both houses of the general 107
assembly or their members are specified, or to the director of 108
the legislative service commission, the president of the senate, 109
and the minority leader of the senate if only the senate or its 110
members are specified, or to the director of the legislative 111
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service commission, the speaker of the house of representatives, 112
and the minority leader of the house of representatives if only 113
the house of representatives or its members are specified. This 114
division does not apply to items required to be distributed to 115
members of the general assembly pursuant to section 103.14, 116
149.04, 149.07, or 149.17 of the Revised Code. 117
(2) WHENEVER ANY STATUTE OR RULE REQUIRES AN AGENCY TO 119
SUBMIT A REPORT, RECOMMENDATION, OR OTHER SIMILAR DOCUMENT TO THE 120
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF 121
REPRESENTATIVES, THE REQUIREMENT SHALL BE FULFILLED BY THE 122
SUBMISSION OF A COPY OF THE REPORT, RECOMMENDATION, OR DOCUMENT 123
TO THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION, THE 124
MINORITY LEADER AS WELL AS THE PRESIDENT OF THE SENATE, AND THE 126
MINORITY LEADER AS WELL AS THE SPEAKER OF THE HOUSE OF 127
REPRESENTATIVES, OR TO THE DIRECTOR OF THE LEGISLATIVE SERVICE
COMMISSION AND THE MINORITY LEADER AND PRESIDENT OF THE SENATE IF 129
ONLY THE SENATE PRESIDENT IS SPECIFIED, OR TO THE DIRECTOR OF THE 130
LEGISLATIVE SERVICE COMMISSION AND THE MINORITY LEADER AND
SPEAKER OF THE HOUSE OF REPRESENTATIVES IF ONLY THE SPEAKER OF 133
THE HOUSE OF REPRESENTATIVES IS SPECIFIED.
(C) Each month the legislative service commission shall 135
provide to each member of the senate and to each member of the 136
house of representatives a list of all reports, recommendations, 137
and documents submitted to the officers of the general assembly 138
under division (B) of this section. The list shall include a 139
short and accurate description of the content, length, and form 140
of each report, recommendation, or document submitted, as well as 141
a statement setting forth the number printed and the cost of 142
preparation. Each member may request from the legislative 143
service commission a copy of any report, recommendation, or 144
document on the list, and the legislative service commission 145
shall comply with any such request. 146
Sec. 126.14. The release of any money appropriated for the 156
purchase of real estate shall be approved by the controlling 157
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board. The release of money appropriated for all other capital 158
projects is also subject to the approval of the controlling 159
board, except that the director of budget and management may 160
approve the release of money appropriated for specific projects 161
in accordance with the requirements of this section. 162
Within sixty days after the effective date of any act 164
appropriating money for capital projects, the director shall 165
determine which appropriations are for general projects and which 167
are for specific projects. Specific projects may include
specific higher education projects that are to be funded from 168
general purpose appropriations from the higher education 169
improvements IMPROVEMENT fund created in section 154.21 of the 170
Revised Code. Upon determining which projects are general and 172
which are specific, the director shall submit to the controlling 173
board a list that includes a brief description of and the 174
estimated expenditures for each specific project. The release of 175
money for any specific higher education projects that are to be 176
funded from general purpose appropriations from the higher 177
education improvements IMPROVEMENT fund but that are not included 178
on the list, and the release of money for any specific higher 180
education projects included on the list that will exceed the 181
estimated expenditures by more than ten per cent, are subject to 182
the approval of the controlling board. THE DIRECTOR MAY CREATE 183
NEW APPROPRIATION LINE ITEMS AND MAKE TRANSFERS OF APPROPRIATIONS 184
TO THEM FOR SPECIFIC HIGHER EDUCATION PROJECTS INCLUDED ON THE 185
LIST THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS 186
FOR BASIC RENOVATIONS THAT ARE MADE FROM THE HIGHER EDUCATION
IMPROVEMENT FUND. 187
Sec. 131.35. (A) With respect to the federal funds 197
received into any fund of the state from which transfers may be 198
made under division (D) of section 127.14 of the Revised Code: 199
(1) No state agency may make expenditures of any federal 201
funds, whether such funds are advanced prior to expenditure or as 202
reimbursement, unless such expenditures are made pursuant to 203
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specific appropriations of the general assembly identifying the 205
federal program that is the source of funds, are authorized 206
pursuant to section 131.38 of the Revised Code, are authorized by 207
the controlling board pursuant to division (A)(5) of this 209
section, or are authorized by an executive order issued in 210
accordance with section 107.17 of the Revised Code, and until an 211
allotment has been approved by the director of budget and 212
management. All federal funds received by a state agency shall 213
be reported to the director within fifteen days of the receipt of 214
such funds or the notification of award, whichever occurs first. 215
The director shall prescribe the forms and procedures to be used 216
when reporting the receipt of federal funds. 217
(2) If the federal funds received are greater than the 219
amount of such funds appropriated by the general assembly for a 220
specific purpose, the total appropriation of federal and state 221
funds for such purpose shall remain at the amount designated by 222
the general assembly, except that the expenditure of federal 223
funds received in excess of such specific appropriation may be 224
authorized by the controlling board. 225
(3) To the extent that the expenditure of excess federal 227
funds is authorized, the controlling board may transfer a like 228
amount of general revenue fund appropriation authority from the 229
affected agency to the emergency purposes appropriation of the 230
controlling board, if such action is permitted under federal 231
regulations. 232
(4) Additional funds may be created by the controlling 234
board to receive revenues not anticipated in an appropriations 235
act for the biennium in which such new revenues are received. 236
Expenditures from such additional funds may be authorized by the 237
controlling board, but such authorization shall not extend beyond 238
the end of the biennium in which such funds are created. 239
(5) Controlling board authorization for a state agency to 241
make an expenditure of federal funds under division (A)(1) of 244
this section constitutes authority for the agency to participate 245
7
in the federal program providing the funds, and the agency is not 246
required to obtain an executive order under section 107.17 of the 247
Revised Code to participate in the federal program.
(B) With respect to nonfederal funds received into the 249
waterways safety fund, the wildlife fund, and any fund of the 251
state from which transfers may be made under division (D) of 252
section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any such 254
funds unless the expenditures are made pursuant to specific 255
appropriations of the general assembly. 256
(2) If the receipts received into any fund are greater 258
than the amount appropriated, the appropriation for that fund 259
shall remain at the amount designated by the general assembly or 260
as increased and approved by the controlling board. 261
(3) Additional funds may be created by the controlling 263
board to receive revenues not anticipated in an appropriations 264
act for the biennium in which such new revenues are received. 265
Expenditures from such additional funds may be authorized by the 266
controlling board, but such authorization shall not extend beyond 267
the end of the biennium in which such funds are created. 268
(C) The controlling board shall not authorize more than 270
ten per cent of additional spending from the occupational 271
licensing and regulatory fund, created in section 4743.05 of the 272
Revised Code, in excess of any appropriation made by the general 273
assembly to a licensing agency except an appropriation for costs 274
related to the examination or reexamination of applicants for a 275
license. As used in this division, "licensing agency" and 276
"license" have the same meanings as in section 4745.01 of the 277
Revised Code. 278
Sec. 133.06. (A) A school district shall not incur, 287
without a vote of the electors, net indebtedness that exceeds an 288
amount equal to one-tenth of one per cent of its tax valuation 289
except as provided in divisions (G) and (H) of this section and 291
in division (C) of section 3313.372 of the Revised Code. 292
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(B) Except as provided in divisions (E) and (F) of this 294
section, a school district shall not incur net indebtedness that 295
exceeds an amount equal to nine per cent of its tax valuation. 296
(C) A school district shall not submit to a vote of the 298
electors the question of the issuance of securities in an amount 299
that will make the district's net indebtedness after the issuance 300
of the securities exceed an amount equal to four per cent of its 301
tax valuation, unless the superintendent of public instruction, 302
acting under policies adopted by the state board of education, 303
and the tax commissioner, acting under written policies of the 304
commissioner, consent to the submission. A request for the 305
consents shall be made at least thirty days prior to the election 306
at which the question is to be submitted except that the 307
superintendent of public instruction and the tax commissioner may 308
waive this thirty-day deadline or grant their consents after the 309
election if the school district shows good cause for such waiver 310
or consent after the election. 311
(D) In calculating the net indebtedness of a school 313
district none of the following shall be considered: 314
(1) Securities issued to acquire school buses and other 316
equipment used in transporting pupils or issued pursuant to 317
division (D) of section 133.10 of the Revised Code; 318
(2) Securities issued under division (F) of this section, 320
under section 133.301 of the Revised Code, and, to the extent in 321
excess of the limitation stated in division (B) of this section, 322
under division (E) of this section; 323
(3) Indebtedness resulting from the dissolution of a joint 325
vocational school district under section 3311.217 of the Revised 326
Code, evidenced by outstanding securities of that joint 327
vocational school district; 328
(4) Loans, evidenced by any securities, received under 330
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 331
Revised Code; 332
(5) Debt incurred under section 3313.374 of the Revised 334
9
Code;
(6) Debt incurred pursuant to division (B)(5) of section 337
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 339
as to certain securities as provided in division (E) of this 340
section. 341
(1) A board of education, by resolution, may declare its 343
school district to be a special needs district by determining 344
both of the following: 345
(a) The student population is not being adequately 347
serviced by the existing permanent improvements of the district. 348
(b) The district cannot obtain sufficient funds by the 350
issuance of securities within the limitation of division (B) of 351
this section to provide additional or improved needed permanent 352
improvements in time to meet the needs. 353
(2) The board of education shall certify a copy of that 355
resolution to the superintendent of public instruction with a 356
statistical report showing all of the following: 357
(a) A history of and a projection of the growth of the 359
student population; 360
(b) The history of and a projection of the growth of the 362
tax valuation; 363
(c) The projected needs; 365
(d) The estimated cost of permanent improvements proposed 367
to meet such projected needs. 368
(3) The superintendent of public instruction shall certify 370
the district as an approved special needs district if the 371
superintendent finds both of the following: 372
(a) The district does not have available sufficient 374
additional funds from state or federal sources to meet the 375
projected needs. 376
(b) The projection of the potential average growth of tax 378
valuation during the next five years, according to the 379
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information certified to the superintendent and any other 380
information the superintendent obtains, indicates a likelihood of 381
potential average growth of tax valuation of the district during 382
the next five years of an average of not less than three per cent 383
per year. The findings and certification of the superintendent 384
shall be conclusive. 385
(4) An approved special needs district may incur net 387
indebtedness by the issuance of securities in accordance with the 388
provisions of this chapter in an amount that does not exceed an 389
amount equal to the greater of the following: 390
(a) Nine per cent of the sum of its tax valuation plus an 392
amount that is the product of multiplying that tax valuation by 393
the percentage by which the tax valuation has increased over the 394
tax valuation on the first day of the sixtieth month preceding 395
the month in which its board determines to submit to the electors 396
the question of issuing the proposed securities; 397
(b) Nine per cent of the sum of its tax valuation plus an 399
amount that is the product of multiplying that tax valuation by 400
the percentage, determined by the superintendent of public 401
instruction, by which that tax valuation is projected to increase 402
during the next ten years. 403
(F) A school district may issue securities for emergency 405
purposes, in a principal amount that does not exceed an amount 406
equal to three per cent of its tax valuation, as provided in this 407
division. 408
(1) A board of education, by resolution, may declare an 410
emergency if it determines both of the following: 411
(a) School buildings or other necessary school facilities 413
in the district have been wholly or partially destroyed, or 414
condemned by a constituted public authority, or that such 415
buildings or facilities are partially constructed, or so 416
constructed or planned as to require additions and improvements 417
to them before the buildings or facilities are usable for their 418
intended purpose, or that corrections to permanent improvements 419
11
are necessary to remove or prevent health or safety hazards. 420
(b) Existing fiscal and net indebtedness limitations make 422
adequate replacement, additions, or improvements impossible. 423
(2) Upon the declaration of an emergency, the board of 425
education may, by resolution, submit to the electors of the 426
district pursuant to section 133.18 of the Revised Code the 427
question of issuing securities for the purpose of paying the 428
cost, in excess of any insurance or condemnation proceeds 429
received by the district, of permanent improvements to respond to 430
the emergency need. 431
(3) The procedures for the election shall be as provided 433
in section 133.18 of the Revised Code, except that: 434
(a) The form of the ballot shall describe the emergency 436
existing, refer to this division as the authority under which the 437
emergency is declared, and state that the amount of the proposed 438
securities exceeds the limitations prescribed by division (B) of 439
this section; 440
(b) The resolution required by division (B) of section 442
133.18 of the Revised Code shall be certified to the county 443
auditor and the board of elections at least seventy-five days 444
prior to the election; 445
(c) The county auditor shall advise and, not later than 447
sixty-five days before the election, confirm that advice by 448
certification to, the board of education of the information 449
required by division (C) of section 133.18 of the Revised Code; 450
(d) The board of education shall then certify its 452
resolution and the information required by division (D) of 453
section 133.18 of the Revised Code to the board of elections not 454
less than sixty days prior to the election. 455
(4) Notwithstanding division (B) of section 133.21 of the 457
Revised Code, the first principal payment of securities issued 458
under this division may be set at any date not later than sixty 459
months after the earliest possible principal payment otherwise 460
provided for in that division. 461
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(G) The board of education may contract with an architect, 463
professional engineer, or other person experienced in the design 464
and implementation of energy conservation measures for an 465
analysis and recommendations pertaining to installations, 466
modifications of installations, or remodeling that would 467
significantly reduce energy consumption in buildings owned by the 468
district. The report shall include estimates of all costs of 469
such installations, modifications, or remodeling including costs 470
of design, engineering, installation, maintenance, repairs, and 471
debt service, and estimates of the amounts by which energy 472
consumption and resultant operational and maintenance costs, as 473
defined by the Ohio school facilities commission, would be 475
reduced.
If the board finds after receiving the report that the 477
amount of money the district would spend on such installations, 478
modifications, or remodeling is not likely to exceed the amount 479
of money it would save in energy and resultant operational and 480
maintenance costs over the ensuing ten FIFTEEN years, the board 482
may submit to the commission a copy of its findings and a request 483
for approval to incur indebtedness to finance the making or 485
modification of installations or the remodeling of buildings for 486
the purpose of significantly reducing energy consumption. 487
If the commission determines that the board's findings are 490
reasonable, it shall approve the board's request. Upon receipt 491
of the commission's approval, the district may issue securities 493
without a vote of the electors in a principal amount not to 494
exceed nine-tenths of one per cent of its tax valuation for the 495
purpose of making such installations, or modifications, or 496
remodeling, but the total net indebtedness of the district 497
without a vote of the electors incurred under this and all other 498
sections of the Revised Code shall not exceed one per cent of the 499
district's tax valuation. 500
So long as any securities issued under division (G) of this 503
section remain outstanding, the board of education shall monitor
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the energy consumption and resultant operational and maintenance 504
costs of buildings in which installations or modifications have 506
been made or remodeling has been done pursuant to division (G) of 507
this section and shall maintain and annually update a report 509
documenting the reductions in energy consumption and resultant 510
operational and maintenance cost savings attributable to such 511
installations, modifications, or remodeling. The report shall be 512
certified by an architect or engineer independent of any person 513
that provided goods or services to the board in connection with 514
the energy conservation measures that are the subject of the 515
report. The resultant operational and maintenance cost savings 516
shall be certified by the school district treasurer. The report 517
shall be made available to the commission upon request. 518
(H) With the consent of the superintendent of public 520
instruction, a school district may incur without a vote of the 521
electors net indebtedness that exceeds the amounts stated in 522
divisions (A) and (G) of this section for the purpose of paying 524
costs of permanent improvements, if and to the extent that both 525
of the following conditions are satisfied: 526
(1) The fiscal officer of the school district estimates 528
that receipts of the school district from compensation derived 529
from or under agreements entered into pursuant to section 5709.82 530
of the Revised Code, or distributions under division (C) of 531
section 5709.43 of the Revised Code, or any combination thereof, 532
are, after accounting for any appropriate coverage requirements, 533
sufficient in time and amount, and are committed by the 534
proceedings, to pay the debt charges on the securities issued to 535
evidence that indebtedness and payable from those receipts, and 536
the taxing authority of the district confirms the fiscal 537
officer's estimate, which confirmation is approved by the 538
superintendent of public instruction; 539
(2) The fiscal officer of the school district certifies, 541
and the taxing authority of the district confirms, that the 542
district, at the time of the certification and confirmation, 543
14
reasonably expects to have sufficient revenue available for the 544
purpose of operating such permanent improvements for their 545
intended purpose upon acquisition or completion thereof, and the 546
superintendent of public instruction approves the taxing 547
authority's confirmation. 548
The maximum maturity of securities issued under division 550
(H) of this section shall be the lesser of twenty years or the 551
maximum maturity calculated under section 133.20 of the Revised 552
Code. 553
Sec. 325.19. (A)(1) The granting of vacation leave under 562
division (A)(1) of this section is subject to divisions (A)(2) 563
and (3) of this section. Each full-time employee in the several 564
offices and departments of the county service, including 565
full-time hourly rate employees, after service of one year with 566
the county or any political subdivision of the state, shall have 567
earned and will be due upon the attainment of the first year of 568
employment, and annually thereafter, eighty hours of vacation 569
leave with full pay. One year of service shall be computed on 570
the basis of twenty-six biweekly pay periods. A full-time county 571
employee with eight or more years of service with the county or 572
any political subdivision of the state shall have earned and is 573
entitled to one hundred twenty hours of vacation leave with full 574
pay. A full-time county employee with fifteen or more years of 575
service with the county or any political subdivision of the state 576
shall have earned and is entitled to one hundred sixty hours of 577
vacation leave with full pay. A full-time county employee with 578
twenty-five years of service with the county or any political 579
subdivision of the state shall have earned and is entitled to two 580
hundred hours of vacation leave with full pay. Such vacation 581
leave shall accrue to the employee at the rate of three and 582
one-tenth hours each biweekly period for those entitled to eighty 583
hours per year; four and six-tenths hours each biweekly period 584
for those entitled to one hundred twenty hours per year; six and 585
two-tenths hours each biweekly period for those entitled to one 586
15
hundred sixty hours per year; and seven and seven-tenths hours 587
each biweekly period for those entitled to two hundred hours per 588
year. 589
(2) Full-time employees granted vacation leave under 591
division (A)(1) of this section who render any standard of 592
service other than forty hours per week as described in division 593
(I)(J) of this section and who are in active pay status in a 594
biweekly pay period, shall accrue a number of hours of vacation 595
leave during each such pay period that bears the same ratio to 596
the number of hours specified in division (A)(1) of this section 597
as their number of hours which are accepted as full-time in 598
active pay status, excluding overtime hours, bears to eighty 599
hours. 600
(3) Full-time employees granted vacation leave under 602
division (A)(1) of this section who are in active pay status in a 603
biweekly pay period for less than eighty hours or the number of 604
hours of service otherwise accepted as full-time by their 605
employing office or department shall accrue a number of hours of 606
vacation leave during that pay period that bears the same ratio 607
to the number of hours specified in division (A)(1) of this 608
section as their number of hours in active pay status, excluding 609
overtime hours, bears to eighty or the number of hours of service 610
accepted as full time, whichever is applicable. 611
(B) A board of county commissioners, by resolution, may 613
grant vacation leave with full pay to part-time county employees. 614
A part-time county employee shall be eligible for vacation leave 615
with full pay upon the attainment of the first year of 616
employment, and annually thereafter. The ratio between the hours 617
worked and the vacation hours awarded to a part-time employee 618
shall be the same as the ratio between the hours worked and the 619
vacation hours earned by a full-time employee as provided for in 620
this section. 621
(C) Days specified as holidays in section 124.19 of the 623
Revised Code shall not be charged to an employee's vacation 624
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leave. Vacation leave shall be taken by the employee during the 625
year in which it accrued and prior to the next recurrence of the 626
anniversary date of the employee's employment, provided the 627
appointing authority may, in special and meritorious cases, 628
permit such employee to accumulate and carry over his vacation 629
leave to the following year. No vacation leave shall be carried 630
over for more than three years. An employee is entitled to 631
compensation, at the employee's current rate of pay, for the 632
prorated portion of any earned but unused vacation leave for the 633
current year to the employee's credit at time of separation, and 634
in addition shall be compensated for any unused vacation leave 635
accrued to the employee's credit, with the permission of the 636
appointing authority, for the three years immediately preceding
the last anniversary date of employment. 637
(D)(1) In addition to vacation leave, a full-time county 639
employee is entitled to eight hours of holiday pay for New Year's 640
day, Martin Luther King day, Washington-Lincoln day, Memorial 641
day, Independence day, Labor day, Columbus day, Veterans' day, 642
Thanksgiving day, and Christmas day, of each year. Except as 644
provided in division (D)(2) of this section, holidays shall occur 645
on the days specified in section 1.14 of the Revised Code. In 646
the event that any of the aforesaid holidays fall on Saturday, 647
the Friday immediately preceding shall be observed as the 648
holiday. In the event that any of the aforesaid holidays fall on 649
Sunday, the Monday immediately succeeding shall be observed as 650
the holiday. If an employee's work schedule is other than Monday 651
through Friday, the employee is entitled to holiday pay for 652
holidays observed on the employee's day off regardless of the day 653
of the week on which they are observed.
(2) When a classified employee of a county board of mental 655
retardation and developmental disabilities works at a site 656
maintained by a government entity other than the board, such as a 657
public school, the board may adjust the employee's holiday 658
schedule to conform to the schedule adopted by the government 659
17
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division 660
(D)(1) of this section. 661
(E) In the case of the death of a county employee, the 663
unused vacation leave and unpaid overtime to the credit of any 664
such employee, shall be paid in accordance with section 2113.04 665
of the Revised Code, or to the employee's estate. 666
(F) Notwithstanding this section or any other section of 668
the Revised Code, any appointing authority of a county office, 669
department, commission, board, or body may, upon notification to 670
the board of county commissioners, establish alternative 671
schedules of vacation leave and holidays for employees of the 672
appointing authority for whom the state employment relations 673
board has not established an appropriate bargaining unit pursuant 674
to section 4117.06 of the Revised Code, provided that the 675
alternative schedules are not inconsistent with the provisions of 676
a collective bargaining agreement covering other employees of 677
that appointing authority. 678
(G) The employees of a county children services board that 680
establishes vacation benefits under section 5153.12 of the 681
Revised Code are exempt from division (A) of this section. 682
(H) The provisions of this section do not apply to 684
superintendents and management employees of county boards of 685
mental retardation and developmental disabilities. 686
(I) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO AN 688
EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION AND 689
DEVELOPMENTAL DISABILITIES WHO WORKS AT, OR PROVIDES 690
TRANSPORTATION SERVICES TO PUPILS OF, A SPECIAL EDUCATION PROGRAM 691
PROVIDED BY THE COUNTY BOARD PURSUANT TO DIVISION (A)(4) OF
SECTION 5126.05 OF THE REVISED CODE, IF THE EMPLOYEE'S EMPLOYMENT 692
IS BASED ON A SCHOOL YEAR AND THE EMPLOYEE IS NOT SUBJECT TO A 693
CONTRACT WITH THE COUNTY BOARD THAT PROVIDES FOR DIVISION (A) OF 694
THIS SECTION TO APPLY TO THE EMPLOYEE.
(J) As used in this section: 696
18
(1) "Full-time employee" means an employee whose regular 698
hours of service for a county total forty hours per week, or who 699
renders any other standard of service accepted as full-time by an 700
office, department, or agency of county service. 701
(2) "Part-time employee" means an employee whose regular 703
hours of service for a county total less than forty hours per 704
week, or who renders any other standard of service accepted as 705
part-time by an office, department, or agency of county service, 706
and whose hours of county service total at least five hundred 707
twenty hours annually. 708
(3) "Management employee" has the same meaning as in 710
section 5126.20 of the Revised Code. 711
Sec. 715.013. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY 713
THE REVISED CODE, NO MUNICIPAL CORPORATION SHALL LEVY A TAX THAT 714
IS THE SAME AS OR SIMILAR TO A TAX LEVIED UNDER CHAPTER 3734., 715
3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 716
5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739., 5741., 717
5743., OR 5749. OF THE REVISED CODE. 718
THIS SECTION DOES NOT PROHIBIT A MUNICIPAL CORPORATION FROM 720
LEVYING A TAX ON AMOUNTS RECEIVED FOR ADMISSION TO ANY PLACE. 721
Sec. 718.01. (A) As used in this chapter: 730
(1) "Internal Revenue Code" means the Internal Revenue 732
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 733
(2) "Schedule C" means internal revenue service schedule C 735
filed by a taxpayer pursuant to the Internal Revenue Code. 736
(3) "Form 2106" means internal revenue service form 2106 738
filed by a taxpayer pursuant to the Internal Revenue Code. 739
(4) "Intangible income" means income of any of the 741
following types: income yield, interest, dividends, or other 742
income arising from the ownership, sale, exchange, or other 743
disposition of intangible property including, but not limited to, 744
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 745
(B) No municipal corporation with respect to that income 747
19
which it may tax shall tax such income at other than a uniform 748
rate.
(C) No municipal corporation shall levy a tax on income at 750
a rate in excess of one per cent without having obtained the 751
approval of the excess by a majority of the electors of the 752
municipality voting on the question at a general, primary, or 753
special election. The legislative authority of the municipal 754
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the 755
ordinance together with a resolution specifying the date the 756
election is to be held and directing the board of elections to 757
conduct the election. The ballot shall be in the following form: 758
"Shall the Ordinance providing for a ... per cent levy on income 759
for (Brief description of the purpose of the proposed levy) be
passed? 760
FOR THE INCOME TAX 762
AGAINST THE INCOME TAX" 764
In the event of an affirmative vote, the proceeds of the 766
levy may be used only for the specified purpose. 767
(D)(1) Except as otherwise provided in division (D)(2) of 769
this section, no municipal corporation shall exempt from a tax on 770
income, compensation for personal services of individuals over 771
eighteen years of age or the net profit from a business or 772
profession.
(2) The legislative authority of a municipal corporation 774
may, by ordinance or resolution, exempt from a tax on income any 775
compensation arising from the grant, sale, exchange, or other 776
disposition of a stock option; the exercise of a stock option; or 777
the sale, exchange, or other disposition of stock purchased under 778
a stock option.
(E) Nothing in this section shall prevent a municipal 780
corporation from permitting lawful deductions as prescribed by 781
ordinance. If a taxpayer's taxable income includes income 782
against which the taxpayer has taken a deduction for federal 783
20
income tax purposes as reportable on the taxpayer's form 2106, 784
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 785
from the taxpayer's taxable income an amount equal to the 786
deduction shown on such form allowable against such income, to 787
the extent not otherwise so allowed as a deduction by the 788
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 789
proprietorship, no municipal corporation may tax or use as the 790
base for determining the amount of the net profit that shall be 791
considered as having a taxable situs in the municipal 792
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 793
as taxable income from such sole proprietorship, except as 794
otherwise specifically provided by ordinance or regulation. 795
(F) No municipal corporation shall tax any of the 797
following:
(1) The military pay or allowances of members of the armed 799
forces of the United States and of members of their reserve 800
components, including the Ohio national guard; 801
(2) The income of religious, fraternal, charitable, 803
scientific, literary, or educational institutions to the extent 804
that such income is derived from tax-exempt real estate, 805
tax-exempt tangible or intangible property, or tax-exempt 806
activities;
(3) Except as otherwise provided in division (G) of this 808
section, intangible income; 809
(4) Compensation paid under section 3501.28 or 3501.36 of 811
the Revised Code to a person serving as a precinct election 812
official, to the extent that such compensation does not exceed 813
one thousand dollars annually. Such compensation in excess of 814
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 815
of such compensation to withhold any tax from that compensation. 816
21
(5) Compensation paid to an employee of a transit 818
authority, regional transit authority, or regional transit 819
commission created under Chapter 306. of the Revised Code for 820
operating a transit bus or other motor vehicle for the authority 821
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 822
operator is subject to such a tax by reason of residence or 823
domicile in the municipal corporation, or the headquarters of the 824
authority or commission is located within the municipal 825
corporation.
(6) THE INCOME OF A PUBLIC UTILITY WHEN THAT PUBLIC 827
UTILITY IS SUBJECT TO THE TAX LEVIED UNDER SECTION 5727.30 OF THE 828
REVISED CODE. 829
(G) Any municipal corporation that taxes any type of 831
intangible income on March 29, 1988, pursuant to Section 3 of 832
Amended Substitute Senate Bill No. 238 of the 116th general 833
assembly, may continue to tax that type of income after 1988 if a 834
majority of the electors of the municipal corporation voting on 835
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election 836
held on November 8, 1988. 837
(H) Nothing in this section or section 718.02 of the 839
Revised Code, shall authorize the levy of any tax on income which 840
a municipal corporation is not authorized to levy under existing 841
laws or shall require a municipal corporation to allow a 842
deduction from taxable income for losses incurred from a sole 843
proprietorship or partnership.
Sec. 3313.646. (A) The board of education of a school 852
district, except a cooperative education district established 853
pursuant to section 3311.521 of the Revised Code, may establish 854
and operate a preschool program except that no such program shall 855
be established after March 17, 1989, unless both of the following 856
apply at the time the program is established: 857
(1) The board has demonstrated a need for the program. 859
22
(2) Unless it is a cooperative education district 861
established pursuant to divisions (A) to (C) of section 3311.52 862
of the Revised Code, the school district is eligible for moneys 863
distributed by the department of education pursuant to section 864
3317.029 of the Revised Code. A board may use school funds in 867
support of preschool programs. The board shall maintain, 868
operate, and admit children to any such program pursuant to rules 869
adopted by such board and the rules of the state board of 870
education adopted under sections 3301.52 to 3301.57 of the 871
Revised Code.
A board of education may establish fees or tuition, which 873
may be graduated in proportion to family income, for 874
participation in a preschool program. In cases where payment of 875
fees or tuition would create a hardship for the child's parent or 876
guardian, the board may waive any such fees or tuition. 877
(B) No board of education that is not receiving funds 879
under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 880
9831, on March 17, 1989, shall compete for funds under the "Head 881
Start Act" with any grantee receiving funds under that act. 882
(C) A board of education may contract with any of the 884
following preschool providers to provide preschool programs, 885
other than programs for units described by division (E) DIVISIONS 886
(B) AND (C) of section 3317.05 of the Revised Code, for children 888
of the school district: 889
(1) Any organization receiving funds under the "Head Start 891
Act"; 892
(2) Any nonsectarian eligible nonpublic school as defined 894
in division (H) of section 3301.52 of the Revised Code; 895
(3) Any child day-care provider licensed under Chapter 897
5104. of the Revised Code. 898
Boards may contract to provide preschool programs only with 900
such organizations whose staff meet the requirements of rules 901
adopted under section 3301.53 of the Revised Code or those of the 902
child development associate credential established by the 903
23
national association for the education of young children. 904
(D) A contract entered into under division (C) of this 906
section may provide for the board of education to lease school 907
facilities to the preschool provider or to furnish 908
transportation, utilities, or staff for the preschool program. 909
(E) The treasurer of any board of education operating a 911
preschool program pursuant to this section shall keep an account 912
of all funds used to operate the program in the same manner as he 913
would any other funds of the district pursuant to this chapter. 914
Sec. 3313.841. The boards of education and governing 923
boards of two or more city, local, joint vocational, or exempted 924
village school districts or educational service centers may 925
contract in accordance with the terms of this section for the 927
sharing on a cooperative basis of the services of supervisory 928
teachers, special instruction teachers, special education 929
teachers, and other licensed personnel necessary to conduct 930
approved cooperative classes of the type described in division 931
(B) of section 3317.05 of the Revised Code for handicapped pupils 933
FOR SPECIAL EDUCATION AND RELATED SERVICES AND GIFTED EDUCATION. 934
The boards of two or more districts or service centers 936
desiring to enroll students in such classes shall each adopt 937
resolutions indicating such desire and designating one of the 938
participating districts or service centers as the funding agent 939
for purposes of this section. The district or service center 941
designated as the funding agent shall enter into an employment 942
contract with each licensed teacher whose services are to be 944
shared among the participating districts and service centers. In
turn, the funding agent shall enter into contracts with each of 945
the districts and service centers which have adopted resolutions 946
agreeing to participate in the cooperative program upon terms 948
agreed to by all parties to such contract. Such contracts 949
between districts and service centers shall set forth the 950
services to be provided by the licensed teacher employed by the 951
funding agent whose services are to be shared by the
24
participating districts and service centers and the basis for 952
computing the amounts to be paid for such services to the funding 953
agent by the participating districts and service centers. 954
For purposes of division (B) of section 3317.05 of the 958
Revised Code, the funding agent shall count all pupils enrolled 959
in cooperative programs for handicapped pupils as pupils enrolled 960
in such programs in the funding agent district. Upon receipt of 961
payment for such programs, the funding agent district shall 962
credit the account of districts participating in the cooperative 963
program for the amounts due under contracts entered into under 964
the terms of this section in proportion to the number of resident 965
students enrolled in the cooperative program from each 966
participating district and service center.
In determining the terms of the contract entered into by 968
the funding agent district or service center and the 969
participating districts and service centers, the superintendent 971
of schools of each participating board of education and governing 972
board shall serve as a committee which shall recommend such terms 973
to such boards.
Sec. 3313.842. The boards of education of any two or more 982
school districts may enter into an agreement for joint or 983
cooperative establishment and operation of any educational 984
program including any class, course, or program that may be 985
included in a school district's graded course of study and staff 986
development programs for teaching and nonteaching school 987
employees. Each school district that is party to such an 988
agreement may contribute funds of the district in support of the 989
agreement and for the establishment and operation of any 990
educational program established under the agreement. The 991
agreement shall designate one of the districts as the district 992
responsible for receiving and disbursing the funds contributed by 993
the districts that are parties to the agreement. 994
A student participating in an educational program 996
established pursuant to this section shall be included in the 997
25
formula ADM certified under section 3317.03 of the Revised Code 1,000
of the district in which the student is enrolled. 1,001
Sec. 3313.975. As used in this section and in sections 1,010
3313.975 to 3313.979 of the Revised Code, "the pilot project 1,011
school district" or "the district" means any school district 1,013
included in the pilot project scholarship program pursuant to 1,014
this section.
(A) The superintendent of public instruction shall 1,017
establish a pilot project scholarship program and shall include 1,019
in such program any school districts that are or have ever been 1,021
under federal court order requiring supervision and operational 1,025
management of the district by the state superintendent. The
program shall provide for a number of students residing in any 1,027
such district to receive scholarships to attend alternative 1,028
schools, and for an equal number of students to receive tutorial 1,029
assistance grants while attending public school in any such 1,030
district.
(B) The state superintendent shall establish an 1,032
application process and deadline for accepting applications from 1,034
students residing in the district to participate in the 1,035
scholarship program. In the initial year of the program students 1,036
may only use a scholarship to attend school in grades 1,037
kindergarten through third.
The state superintendent shall award as many scholarships 1,039
and tutorial assistance grants as can be funded given the amount 1,040
appropriated for the program. In no case, however, shall more 1,041
than fifty per cent of all scholarships awarded be used by 1,042
students who were enrolled in a nonpublic school during the 1,043
school year of application for a scholarship. 1,044
(C)(1) The pilot project program shall continue in effect 1,048
each year that the general assembly has appropriated sufficient 1,049
money to fund scholarships and tutorial assistance grants. In 1,050
each year the program continues, no new students may receive 1,051
scholarships unless they are enrolled in grade kindergarten, one, 1,052
26
two, or three. However, any student who has received a 1,053
scholarship the preceding year may continue to receive one until 1,054
the student has completed grade eight.
(2) If the general assembly discontinues the scholarship 1,056
program, all students who are attending an alternative school 1,057
under the pilot project shall be entitled to continued admittance 1,059
to that specific school through all grades up to the eighth grade 1,060
that are provided in such school, under the same conditions as 1,063
when they were participating in the pilot project. The state 1,064
superintendent shall continue to make scholarship payments in
accordance with division (A) or (B) of section 3313.979 of the 1,066
Revised Code for students who remain enrolled in an alternative 1,068
school under this provision in any year that funds have been 1,070
appropriated for this purpose.
If funds are not appropriated, the tuition charged to the 1,072
parents of a student who remains enrolled in an alternative 1,075
school under this provision shall not be increased beyond the 1,076
amount equal to the amount of the scholarship plus any additional 1,078
amount charged that student's parent in the most recent year of 1,079
attendance as a participant in the pilot project, except that 1,080
tuition for all the students enrolled in such school may be 1,081
increased by the same percentage. 1,082
(D) Notwithstanding sections 124.39, 3307.35, and 3319.17 1,085
of the Revised Code, if the pilot project school district 1,086
experiences a decrease in enrollment due to participation in a 1,087
state-sponsored scholarship program pursuant to sections 3313.974 1,088
to 3313.979 of the Revised Code, the district board of education 1,090
may enter into an agreement with any teacher it employs to 1,092
provide to that teacher severance pay or early retirement 1,093
incentives, or both, if the teacher agrees to terminate the 1,094
employment contract with the district board, provided any 1,095
collective bargaining agreement in force pursuant to Chapter 1,096
4117. of the Revised Code does not prohibit such an agreement for 1,099
termination of a teacher's employment contract.
27
(E) The state superintendent shall make a grant to the 1,101
pilot project school district sufficient to defray one hundred 1,103
per cent of the additional costs to the district of providing 1,105
transportation to and from the alternative school for all 1,107
students utilizing a scholarship to attend an alternative school. 1,108
Sec. 3313.98. Notwithstanding division (D) of section 1,117
3311.19 and division (D) of section 3311.52 of the Revised Code, 1,118
the provisions of this section and sections 3313.981 to 3313.983 1,119
of the Revised Code that apply to a city school district do not 1,120
apply to a joint vocational or cooperative education school 1,121
district unless expressly specified. 1,122
(A) As used in this section and sections 3313.981 to 1,124
3313.983 of the Revised Code: 1,125
(1) "Parent" means either of the natural or adoptive 1,127
parents of a student, except under the following conditions: 1,128
(a) When the marriage of the natural or adoptive parents 1,130
of the student has been terminated by a divorce, dissolution of 1,131
marriage, or annulment or the natural or adoptive parents of the 1,132
student are living separate and apart under a legal separation 1,133
decree and the court has issued an order allocating the parental 1,134
rights and responsibilities with respect to the student, "parent" 1,135
means the residential parent as designated by the court except 1,136
that "parent" means either parent when the court issues a shared 1,137
parenting decree. 1,138
(b) When a court has granted temporary or permanent 1,140
custody of the student to an individual or agency other than 1,141
either of the natural or adoptive parents of the student, 1,142
"parent" means the legal custodian of the child. 1,143
(c) When a court has appointed a guardian for the student, 1,145
"parent" means the guardian of the student. 1,146
(2) "Native student" means a student entitled under 1,148
section 3313.64 or 3313.65 of the Revised Code to attend school 1,149
in a district adopting a resolution under this section. 1,150
(3) "Adjacent district" means a city, exempted village, or 1,153
28
local school district having territory that abuts the territory 1,154
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled 1,156
under section 3313.64 or 3313.65 of the Revised Code to attend 1,157
school in an adjacent district. 1,158
(5) "Adjacent district joint vocational student" means an 1,162
adjacent district student who enrolls in a city, exempted 1,164
village, or local school district pursuant to this section and 1,165
who also enrolls in a joint vocational school district that does 1,166
not contain the territory of the district for which that student 1,167
is a native student and does contain the territory of the city, 1,168
exempted village, or local district in which the student enrolls. 1,169
(6) "Adjusted formula amount" means the formula amount 1,172
defined in division (B) of section 3317.02 of the Revised Code 1,173
multiplied by the cost-of-doing-business factor for a district 1,176
defined in division (N) of section 3317.02 of the Revised Code. 1,177
(7) "Poverty line" means the poverty line established by 1,179
the director of the United States office of management and budget 1,180
as revised by the director of the office of community services in 1,181
accordance with section 673(2) of the "Community Services Block 1,182
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. 1,183
(8) "IEP" means an individualized education program 1,185
defined by division (E) of section 3323.01 of the Revised Code. 1,186
(9) "Other district" means a city, exempted village, or 1,189
local school district having territory outside of the territory 1,190
of a district adopting a resolution under this section. 1,191
(10) "Other district student" means a student entitled 1,193
under section 3313.64 or 3313.65 of the Revised Code to attend 1,196
school in an other district. 1,197
(11) "Other district joint vocational student" means a 1,199
student who is enrolled in any city, exempted village, or local 1,200
school district and who also enrolls in a joint vocational school 1,202
district that does not contain the territory of the district for 1,203
which that student is a native student in accordance with a 1,204
29
policy adopted under section 3313.983 of the Revised Code. 1,205
(B)(1) The board of education of each city, local, and 1,207
exempted village school district may SHALL adopt a resolution 1,208
ESTABLISHING FOR THE SCHOOL DISTRICT ONE OF THE FOLLOWING 1,209
POLICIES:
(a) A POLICY that entirely prohibits the enrollment of 1,212
students from adjacent districts or other districts, other than 1,213
students for whom tuition is paid in accordance with section 1,215
3317.08 of the Revised Code,;
(b) A POLICY that permits enrollment of students from all 1,218
adjacent districts in accordance with a policy STATEMENTS 1,219
contained in the resolution, or; 1,221
(c) A POLICY that permits enrollment of students from all 1,224
other districts in accordance with a policy STATEMENTS contained 1,225
in the resolution.
(2) A policy permitting enrollment of students from 1,227
adjacent or from other districts, as applicable, shall provide 1,229
for all of the following: 1,230
(1)(a) Application procedures, including deadlines for 1,232
application and for notification of students and the 1,233
superintendent of the applicable district whenever an adjacent or 1,235
other district student's application is approved. 1,237
(2)(b) Procedures for admitting adjacent or other district 1,239
applicants free of any tuition obligation to the district's 1,241
schools, including, but not limited to: 1,242
(a)(i) The establishment of district capacity limits by 1,244
grade level, school building, and education program; 1,245
(b)(ii) A requirement that all native students wishing to 1,247
be enrolled in the district will be enrolled and that any 1,248
adjacent or other district students previously enrolled in the 1,250
district shall receive preference over first-time applicants; 1,251
(c)(iii) Procedures to ensure that an appropriate racial 1,253
balance is maintained in the district schools. 1,254
(C) Except as provided in section 3313.982 of the Revised 1,256
30
Code, the procedures for admitting adjacent or other district 1,257
students, as applicable, shall not include: 1,258
(1) Any requirement of academic ability, or any level of 1,260
athletic, artistic, or other extracurricular skills; 1,261
(2) Limitations on admitting applicants because of 1,263
handicapping conditions, except that a board may refuse to admit 1,264
a student receiving services under Chapter 3323. of the Revised 1,266
Code, if the services described in the student's IEP are not 1,267
available in the district's schools;
(3) A requirement that the student be proficient in the 1,269
English language; 1,270
(4) Rejection of any applicant because the student has 1,272
been subject to disciplinary proceedings, except that if an 1,273
applicant has been suspended or expelled by the student's 1,275
district for ten consecutive days or more in the term for which 1,276
admission is sought or in the term immediately preceding the term 1,277
for which admission is sought, the procedures may include a 1,278
provision denying admission of such applicant. 1,279
(D)(1) Each school board permitting only enrollment of 1,281
adjacent district students shall provide information about the 1,282
policy adopted under this section, including the application 1,283
procedures and deadlines, to the superintendent and the board of 1,284
education of each adjacent district and, upon request, to the 1,285
parent of any adjacent district student. 1,286
(2) Each school board permitting enrollment of other 1,288
district students shall provide information about the policy 1,289
adopted under this section, including the application procedures 1,290
and deadlines, upon request, to the board of education of any 1,291
other school district or to the parent of any student anywhere in 1,293
the state.
(E) Any school board shall accept all credits toward 1,295
graduation earned in adjacent or other district schools by an 1,296
adjacent or other district student or a native student. 1,297
(F)(1) No board of education may adopt a policy 1,299
31
discouraging or prohibiting its native students from applying to 1,300
enroll in the schools of an adjacent or any other district that 1,301
has adopted a policy permitting such enrollment, except that: 1,302
(a) A district may object to the enrollment of a native 1,304
student in an adjacent or other district in order to maintain an 1,305
appropriate racial balance. 1,306
(b) The board of education of a district receiving funds 1,308
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, 1,309
may adopt a resolution objecting to the enrollment of its native 1,310
students in adjacent or other districts if at least ten per cent 1,311
of its students are included in the determination of the United 1,312
States secretary of education made under section 20 U.S.C.A. 1,313
238(a).
(2) If a board objects to enrollment of native students 1,315
under this division, any adjacent or other district shall refuse 1,316
to enroll such native students unless tuition is paid for the 1,318
students in accordance with section 3317.08 of the Revised Code. 1,319
An adjacent or other district enrolling such students may not 1,320
receive funding for those students in accordance with section 1,321
3313.981 of the Revised Code. 1,322
(G) The state board of education shall monitor school 1,324
districts to ensure compliance with this section and the 1,325
districts' policies. The board may adopt rules requiring uniform 1,326
application procedures, deadlines for application, notification 1,327
procedures, and record-keeping requirements for all school boards 1,328
that adopt policies permitting the enrollment of adjacent or 1,329
other district students, as applicable. If the state board 1,331
adopts such rules, no school board shall adopt a policy that 1,332
conflicts with those rules. 1,333
(H) A resolution adopted by a board of education under 1,335
this section that entirely prohibits the enrollment of students 1,336
from adjacent and from other school districts does not abrogate 1,337
any agreement entered into under section 3313.841 or 3313.92 of 1,339
the Revised Code or any contract entered into under section 1,340
32
3313.90 of the Revised Code between the board of education 1,341
adopting the resolution and the board of education of any 1,342
adjacent or other district or prohibit these boards of education 1,344
from entering into any such agreement or contract. 1,345
(I) Nothing in this section shall be construed to permit 1,347
or require the board of education of a city, exempted village, or 1,348
local school district to exclude any native student of the 1,349
district from enrolling in the district. 1,350
Sec. 3314.02. (A) As used in this chapter: 1,359
(1) "Sponsor" means a city, local, exempted village, or 1,361
joint vocational board of education, THE GOVERNING BOARD OF AN 1,362
EDUCATIONAL SERVICE CENTER IN THE CASE OF A SCHOOL ESTABLISHED 1,363
PURSUANT TO DIVISION (C)(2) OF THIS SECTION, or the state board 1,364
of education with which the governing authority of the proposed 1,367
community school enters into a contract pursuant to this section.
(2) "Pilot project district" means a school district 1,369
included in the territory of a community school pilot project 1,370
established by Section 50.52 of Am. Sub. H.B. No. 215 of the 1,372
122nd general assembly.
(3) "Big eight school district" means a school district 1,375
that for fiscal year 1997 had both of the following: 1,376
(a) A percentage of children residing in the district and 1,379
participating in the predecessor of Ohio works first greater than 1,380
thirty per cent, as reported pursuant to section 3317.10 of the 1,381
Revised Code; 1,383
(b) An average daily membership greater than twelve 1,386
thousand, as reported pursuant to former division (A) of section 1,387
3317.03 of the Revised Code. 1,388
(4) "New start-up school" means a community school other 1,390
than one created by converting all or part of an existing public 1,391
school, as designated in the school's contract pursuant to 1,392
division (A)(17) of section 3314.03 of the Revised Code. 1,393
(B) Any person or group of individuals may initially 1,396
propose under this division the conversion of all or a portion of 1,397
33
a public school to a community school. The proposal shall be 1,398
made to the board of education of a city, local, or exempted 1,400
village school district, other than a pilot project district, in
which the public school is proposed to be converted. Upon 1,401
receipt of a proposal, a board may enter into a preliminary 1,402
agreement with the person or group proposing the conversion of 1,403
the public school, indicating the intention of the board of 1,404
education to support the conversion to a community school. A 1,405
proposing person or group that has a preliminary agreement under 1,407
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 1,408
contract with the board of education. Provided the proposing 1,409
person or group adheres to the preliminary agreement and all 1,410
provisions of this chapter, the board of education shall 1,411
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 1,412
section.
(C)(1) Any person or group of individuals may propose 1,415
under this division the establishment of a new start-up school to 1,416
be located in a big eight school district other than a pilot 1,417
project district. Such proposal may be made to any of the 1,419
following public entities: 1,420
(a) The board of education of the big eight school 1,423
district in which the school is proposed to be located;
(b) The board of education of any joint vocational school 1,426
district with territory in the county in which the majority of 1,427
the territory of that big eight district is located;
(c) The board of education of any other city, local, or 1,430
exempted village school district having territory in the same 1,431
county in which that big eight district has the major portion of 1,432
its territory;
(d) The state board of education. 1,434
Such big eight district board, joint vocational board, 1,436
other school district board, or state board may enter into a 1,438
34
preliminary agreement pursuant to division (C)(2) of this section 1,439
with the proposing person or group. 1,440
(2) ANY PERSON OR GROUP OF INDIVIDUALS MAY PROPOSE TO THE 1,442
EDUCATIONAL SERVICE CENTER SERVING THE MAJORITY OF SCHOOL 1,443
DISTRICTS WITH TERRITORY IN LORAIN COUNTY THE ESTABLISHMENT OF A 1,444
NEW START UP SCHOOL TO BE HOUSED AT THE LORAIN COUNTY COMMUNITY 1,445
COLLEGE.
(3) A preliminary agreement indicates the intention of a 1,448
public entity described in division (C)(1) of this section to 1,450
sponsor the community school. A proposing person or group that 1,451
has such a preliminary agreement may proceed to finalize plans 1,452
for the school, establish a governing authority for the school, 1,453
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 1,455
and all provisions of this chapter, the public entity shall 1,456
negotiate in good faith to enter into a contract in accordance 1,457
with section 3314.03 of the Revised Code. 1,458
(D) A majority vote of a sponsoring school district board 1,460
and a majority vote of the members of the governing authority of 1,461
a community school shall be required to adopt a contract and 1,462
convert the public school to a community school or establish the 1,463
new start-up school. An unlimited number of community schools 1,465
may be established PURSUANT TO DIVISION (B) OR (C)(1) OF THIS 1,467
SECTION in any school district provided that a contract is 1,468
entered into for each community school pursuant to this chapter. 1,469
Sec. 3314.03. (A) Each contract entered into under 1,478
section 3314.02 of the Revised Code between a sponsor and the 1,479
governing authority of a community school shall specify the 1,480
following:
(1) That the school shall be established as a nonprofit 1,482
corporation established under Chapter 1702. of the Revised Code; 1,483
(2) The education program of the school, including the 1,485
school's mission, the characteristics of the students the school 1,486
is expected to attract, the ages and grades of students, and the 1,487
35
focus of the curriculum; 1,488
(3) The academic goals to be achieved and the method of 1,490
measurement that will be used to determine progress toward those 1,491
goals, which shall include the statewide proficiency tests; 1,492
(4) Performance standards by which the success of the 1,494
school will be evaluated by the sponsor; 1,495
(5) The admission standards of section 3314.06 of the 1,497
Revised Code; 1,498
(6) Dismissal procedures; 1,500
(7) The ways by which the school will achieve racial and 1,502
ethnic balance reflective of the community it serves; 1,503
(8) Requirements and procedures for program and financial 1,506
audits, including audits by the auditor of state and the
department of education. The contract shall require financial 1,507
records of the school to be maintained in the same manner as are 1,509
financial records of school districts, pursuant to rules of the 1,510
auditor of state AND THE AUDITS SHALL BE CONDUCTED IN ACCORDANCE 1,511
WITH SECTION 117.10 OF THE REVISED CODE.
(9) The facility to be used and its location; 1,513
(10) Qualifications of teachers, including a requirement 1,515
that the school's classroom teachers be licensed in accordance 1,516
with sections 3319.22 to 3319.31 of the Revised Code, except that 1,517
a community school may engage noncertificated persons to teach up 1,519
to twelve hours per week pursuant to section 3319.301 of the 1,520
Revised Code;
(11) That the school will comply with the following 1,522
requirements: 1,523
(a) The school will provide learning opportunities to a 1,525
minimum of twenty-five students for a minimum of nine hundred 1,527
twenty hours per school year;
(b) The governing authority will purchase liability 1,530
insurance, or otherwise provide for the potential liability of 1,531
the school;
(c) The school will be nonsectarian in its programs, 1,534
36
admission policies, employment practices, and all other 1,535
operations, and will not be operated by a sectarian school or 1,536
religious institution;
(d) The school will comply with sections 9.90, 9.91, 1,538
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 1,540
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 1,541
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 1,542
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 1,543
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 1,544
4167. of the Revised Code as if it were a school district; 1,545
(e) The school shall comply with Chapter 102. of the 1,547
Revised Code except that nothing in that chapter shall prohibit a 1,548
member of the school's governing board from also being an 1,549
employee of the school and nothing in that chapter or section 1,550
2921.42 of the Revised Code shall prohibit a member of the 1,551
school's governing board from having an interest in a contract 1,552
into which the governing board enters; 1,553
(f) The school will comply with sections 3313.61 and 1,555
3313.611 of the Revised Code, except that the requirement in 1,557
those sections that a person must successfully complete the 1,558
curriculum in any high school prior to receiving a high school 1,559
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 1,561
curriculum specified in Title XXXIII of the Revised Code or any 1,562
rules of the state board of education;
(g) The school governing authority will submit an annual 1,564
report of its activities and progress in meeting the goals and 1,565
standards of divisions (A)(3) and (4) of this section and its 1,566
financial status to the sponsor and to, the parents of all 1,567
students enrolled in the school, AND THE LEGISLATIVE OFFICE OF 1,568
EDUCATION OVERSIGHT.
(12) Arrangements for providing health and other benefits 1,570
to employees; 1,571
(13) The length of the contract, which shall begin at the 1,573
37
beginning of an academic year and shall not exceed three FIVE 1,574
years;
(14) The governing authority of the school, which shall be 1,576
responsible for carrying out the provisions of the contract; 1,577
(15) A financial plan detailing an estimated school budget 1,579
for each year of the period of the contract and specifying the 1,581
total estimated per pupil expenditure amount for each such year. 1,582
The plan shall specify for each year the base formula amount that 1,584
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 1,585
year shall not exceed the formula amount defined under section 1,587
3317.02 of the Revised Code. The plan may also specify for any 1,589
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 1,591
section 3317.029 of the Revised Code the school is to receive 1,593
that year under section 3314.08 of the Revised Code. 1,594
(16) Requirements and procedures regarding the disposition 1,596
of employees of the school in the event the contract is 1,597
terminated or not renewed pursuant to section 3314.07 of the 1,598
Revised Code;
(17) Whether the school is to be created by converting all 1,601
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of 1,602
any duties or responsibilities of an employer that the board of 1,603
education that operated the school before conversion is 1,604
delegating to the governing board of the community school with 1,605
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 1,606
applicable to such employees; 1,607
(18) Provisions establishing procedures for resolving 1,609
disputes or differences of opinion between the sponsor and the 1,610
governing authority of the community school. 1,611
(B) The community school shall also submit to the sponsor 1,613
a comprehensive plan for the school. The plan shall specify the 1,615
38
following:
(1) The process by which the governing authority of the 1,617
school will be selected in the future; 1,618
(2) The management and administration of the school; 1,620
(3) If the community school is a currently existing public 1,623
school, alternative arrangements for current public school 1,624
students who choose not to attend the school and teachers who 1,625
choose not to teach in the school after conversion; 1,626
(4) The instructional program and educational philosophy 1,628
of the school; 1,629
(5) Internal financial controls. 1,631
(C) A contract entered into under section 3314.02 of the 1,634
Revised Code between a sponsor and the governing authority of a 1,636
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 1,637
authorized to receive such payments as set forth in the contract 1,638
between the governing authority and the sponsor. 1,639
Sec. 3314.06. The governing authority of each community 1,648
school established under this chapter shall adopt admission 1,649
procedures that specify the following: 1,650
(A)(1) That except as otherwise provided in this section, 1,652
admission to the school shall be open only to any individual age 1,654
five to twenty-two entitled to attend school pursuant to section 1,656
3313.64 or 3313.65 of the Revised Code in the school district in 1,657
which the school is located or who was enrolled in the converted 1,658
school during the school year preceding the year of its
conversion to a community school. 1,659
(2) NOTWITHSTANDING DIVISION (A)(1) OF THIS SECTION, 1,661
ADMISSION TO ANY SCHOOL ESTABLISHED PURSUANT TO DIVISION (C)(2) 1,662
OF SECTION 3314.02 OF THE REVISED CODE SHALL BE OPEN TO ANY 1,663
INDIVIDUAL ELIGIBLE PURSUANT TO SECTION 3313.64 OR 3314.65 OF THE 1,664
REVISED CODE TO ATTEND SCHOOL IN ANY SCHOOL DISTRICT WITH 1,665
TERRITORY IN LORAIN COUNTY. 1,666
(B) That admission to the school may be limited to 1,668
39
students who have attained a specific grade level or are within a 1,670
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 1,671
specific geographic area, as defined in the contract, that is 1,672
within the school district in which the school is located, OR IN 1,673
THE CASE OF A SCHOOL ESTABLISHED PURSUANT TO DIVISION (C)(2) OF 1,674
SECTION 3314.02 OF THE REVISED CODE IN A SCHOOL DISTRICT HAVING 1,675
TERRITORY IN LORAIN COUNTY. 1,676
(C) That there will be no discrimination in the admission 1,678
of students to the school on the basis of race, creed, color, 1,679
handicapping condition, or sex; and that, upon admission of any 1,681
handicapped student, the community school will comply with all 1,682
federal and state laws regarding the education of handicapped 1,683
students.
(D) That the school may not limit admission to students on 1,685
the basis of intellectual ability, measures of achievement or 1,686
aptitude, or athletic ability. 1,687
(E) That the community school will admit the number of 1,689
students that does not exceed the capacity of the school's 1,691
programs, classes, grade levels, or facilities. 1,692
(F) That, except as otherwise provided under division (B) 1,695
of this section, if the number of applicants exceeds the capacity
restrictions of division (E) of this section, students shall be 1,697
admitted by lot from all those submitting applications, except 1,698
preference shall be given to students attending the school the 1,699
previous year and may be given to siblings of such students.
Notwithstanding divisions (A) through (F) of this section, 1,702
in the event the racial composition of the enrollment of the
community school is violative of a federal desegregation order, 1,703
the community school shall take any and all corrective measures 1,704
to comply with the desegregation order. 1,705
Sec. 3314.07. (A) The expiration of the contract for a 1,714
community school between a sponsor and a school shall be the date 1,716
provided in the contract. A successor contract may be entered 1,717
40
into unless the contract is terminated or not renewed pursuant to
this section. 1,719
(B)(1) A sponsor may choose not to renew a contract at its 1,721
expiration or may choose to terminate a contract prior to its 1,722
expiration for any of the following reasons: 1,723
(a) Failure to meet student performance requirements 1,726
stated in the contract;
(b) Failure to meet generally accepted standards of fiscal 1,728
management; 1,729
(c) Violation of any provision of the contract or 1,732
applicable state or federal law;
(d) Other good cause. 1,734
A termination shall be effective only at the conclusion of 1,736
a school year. 1,737
(2) At least sixty ONE HUNDRED EIGHTY days prior to the 1,739
termination or nonrenewal of a contract, the sponsor shall notify 1,740
the school of the proposed action in writing. The notice shall 1,741
include the reasons for the proposed action in detail and that 1,742
the school may, within fourteen days of receiving the notice, 1,743
request an informal hearing before the sponsor. Such request 1,744
must be in writing. 1,745
(3) A decision by the sponsor to terminate a contract may 1,747
be appealed to the state board of education. The decision by the 1,748
state board pertaining to an appeal under this division is final. 1,750
(C) A child attending a community school whose contract 1,752
has been terminated or nonrenewed or that closes for any reason 1,754
shall be admitted to the schools of the district in which the 1,755
child is entitled to attend under section 3313.64 or 3313.65 of 1,756
the Revised Code. Any deadlines established for the purpose of 1,757
admitting students under section 3313.97 or 3313.98 shall be 1,758
waived for students to whom this division pertains. 1,759
(D) A sponsor of a community school and the officers, 1,761
directors, or employees of such a sponsor are not liable in 1,762
damages in a tort or other civil action for harm allegedly 1,763
41
arising from either of the following:
(1) A failure of the community school or any of its 1,765
officers, directors, or employees to perform any statutory or 1,766
common law duty or responsibility or any other legal obligation; 1,767
(2) An action or omission of the community school or any 1,769
of its officers, directors, or employees that results in harm. 1,770
(E) As used in this section: 1,772
(1) "Harm" means injury, death, or loss to person or 1,774
property.
(2) "Tort action" means a civil action for damages for 1,776
injury, death, or loss to person or property other than a civil 1,777
action for damages for a breach of contract or another agreement 1,778
between persons.
Sec. 3314.08. (A) As used in this section: 1,787
(1) "Base formula amount" means the amount specified as 1,790
such in a community school's financial plan for a school year 1,791
pursuant to division (A)(15) of section 3314.03 of the Revised 1,792
Code.
(2) "Cost-of-doing-business factor" has the same meaning 1,795
as in section 3317.02 of the Revised Code. 1,796
(3) "IEP" means an individualized education program 1,799
defined by division (E) of section 3323.01 of the Revised Code. 1,800
(4) "Actual AVERAGE COUNTY cost" means the actual cost, 1,803
AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing 1,804
special education and related services to a special education 1,805
student pursuant to an IEP in the school district where that 1,807
student is entitled to attend school pursuant to section 3313.64 1,808
or 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, as 1,809
calculated in a manner acceptable to the superintendent of public 1,811
instruction.
(5) "DPIA reduction factor" means the percentage figure, 1,814
if any, specified for reducing the per pupil amount of 1,815
disadvantaged pupil impact aid a community school is entitled to 1,816
receive pursuant to division (D)(3) of this section in any year, 1,818
42
as specified in the school's financial plan for the year pursuant 1,819
to division (A)(15) of section 3314.03 of the Revised Code. 1,820
(B) The state board of education shall adopt rules 1,822
requiring both of the following: 1,823
(1) The board of education of each city, exempted village, 1,825
and local school district to annually report the number of 1,826
students entitled to attend school in the district pursuant to 1,827
section 3313.64 or 3313.65 of the Revised Code who are enrolled 1,828
in grades one through twelve and one-half of the kindergarten 1,829
students enrolled in a community school established under this 1,830
chapter and for each child the community school in which the 1,831
child is enrolled. In addition, for each such child receiving 1,832
special education and related services enrolled in grades
kindergarten through twelve or in a preschool handicapped unit in 1,833
a community school pursuant to an IEP, the board shall report the 1,835
actual AVERAGE COUNTY cost for such child and, if. IF the 1,837
district receives disadvantaged pupil impact aid pursuant to 1,840
DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the 1,842
Revised Code, it ALSO shall report the amount received for each 1,844
such child.
(2) The governing authority of each community school 1,846
established under this chapter to annually report the number of 1,847
students enrolled in grades one through twelve and one-half the 1,848
number of kindergarten students in the school who are not 1,850
receiving special education and related services pursuant to an 1,851
IEP; the number of enrolled students in grades one through twelve 1,853
and one-half the number of kindergarten students who are 1,854
receiving special education and related services pursuant to an 1,856
IEP; the number of enrolled preschool handicapped students 1,857
receiving special education services in a state-funded unit; the 1,858
community school's base formula amount; and the city, exempted 1,860
village, or local school district in which the school is located. 1,861
Each governing authority shall also report any DPIA reduction 1,862
factor that applies to a school year.
43
(C) From the payments made to a city, exempted village, or 1,864
local school district under Chapter 3317. of the Revised Code 1,865
and, if necessary, sections 321.14 and 323.156 of the Revised 1,868
Code, the department of education shall annually subtract all of 1,869
the following:
(1) An amount equal to the sum of the amounts obtained 1,871
when, for each community school where the district's students are 1,872
enrolled, the number of the district's students reported under 1,873
division (B)(2) of this section who are enrolled in grades one 1,874
through twelve and one-half the number of kindergarten students 1,875
in that community school and are not receiving special education 1,877
and related services pursuant to an IEP is multiplied by the base 1,879
formula amount of that community school as adjusted by the school 1,880
district's cost-of-doing-business factor.
(2) The sum of the actual AVERAGE COUNTY costs for all 1,882
district students reported under division (B)(2) of this section 1,884
who are to be receiving special education and related services 1,885
pursuant to an IEP in their respective community schools, less 1,887
the sum of the prorated share for each such student of any
amounts received from state preschool handicapped unit funding or 1,888
from federal funds to provide special education and related 1,889
services to students in the respective community schools. This 1,890
prorated share of state or federal funds received for each such 1,891
student shall be determined on the basis of all such funds 1,892
received by a community school for students receiving similar 1,893
services, as calculated in a manner acceptable to the
superintendent of public instruction. 1,894
(3) An amount equal to the sum of the amounts obtained 1,896
when, for each community school where the district's students are 1,897
enrolled, the number of the district's students enrolled in that 1,898
community school and residing in the district in a family 1,899
participating in Ohio works first under Chapter 5107. of the 1,900
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 1,902
44
year pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 1,904
3317.029 of the Revised Code, as adjusted by any DPIA reduction 1,906
factor of that community school.
(D) The department shall annually pay to a community 1,908
school established under this chapter all of the following: 1,909
(1) An amount equal to the sum of the amounts obtained 1,911
when the number of students enrolled in grades one through twelve 1,912
plus one-half of the kindergarten students in the school as 1,914
reported under division (B)(2) of this section who are not 1,916
receiving special education and related services pursuant to an 1,917
IEP is multiplied by the community school's base formula amount, 1,918
as adjusted by the cost-of-doing-business factor of the school
district in which the school is located; 1,919
(2) For each student enrolled in the school receiving 1,921
special education and related services pursuant to an IEP, an 1,923
amount equal to the actual AVERAGE COUNTY cost for such student, 1,924
less a prorated share for the student of any amount received from 1,925
state preschool handicapped unit funding or federal funds to 1,927
provide special education and related services to students in the
community school. This prorated share shall be determined as 1,928
described under division (C)(2) of this section. 1,929
(3) An amount equal to the number of students enrolled in 1,931
the community school and residing in the school district in a 1,933
family participating in Ohio works first is multiplied by the per 1,935
pupil amount of disadvantaged pupil impact aid that school 1,937
district receives that year pursuant to DIVISION (B) OR DIVISIONS 1,938
(C) AND (E) OF section 3317.029 of the Revised Code, as adjusted 1,939
by any DPIA reduction factor of the community school. 1,940
(E) A community school may apply to the department of 1,943
education for preschool handicapped or gifted unit funding the 1,944
school would receive if it were a school district. Upon request 1,945
of its governing authority, a community school that received unit 1,947
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 1,948
45
district-operated school provided the school continues to meet 1,949
eligibility standards for the unit. 1,950
A community school shall be considered a school district 1,952
and its governing authority shall be considered a board of 1,953
education for the purpose of applying to any state or federal 1,954
agency for grants that a school district may receive under 1,955
federal or state law or any appropriations act of the general 1,956
assembly. The governing authority of a community school may 1,957
apply to any private entity for additional funds. 1,958
(F) A board of education sponsoring a community school may 1,960
utilize local funds to make enhancement grants to the school or 1,961
may agree, either as part of the contract or separately, to 1,962
provide any specific services to the community school at no cost 1,963
to the school.
(G) A community school may not levy taxes or issue bonds 1,965
secured by tax revenues. 1,967
(H) No community school shall charge tuition for the 1,969
enrollment of any student. 1,971
(I) A community school may borrow money to pay any 1,973
necessary and actual expenses of the school in anticipation of 1,975
the receipt of any portion of the payments to be received by the 1,976
school pursuant to division (D) of this section. The school may 1,977
issue notes to evidence such borrowing to mature no later than 1,978
the end of the fiscal year in which such money was borrowed. The
proceeds of the notes shall be used only for the purposes for 1,979
which the anticipated receipts may be lawfully expended by the 1,980
school.
(J) For purposes of determining the number of students for 1,983
which division (D)(3) of this section applies in any school year, 1,984
a community school may submit to the state department of human 1,985
services, no later than the first day of March, a list of the 1,986
students enrolled in the school. For each student on the list, 1,987
the community school shall indicate the student's name, address, 1,988
and date of birth and the school district where the student is 1,989
46
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. Upon receipt of a list under this division, the 1,990
department of human services shall determine, for each school 1,992
district where one or more students on the list is entitled to 1,993
attend school under section 3313.64 or 3313.65 of the Revised
Code, the number of students residing in that school district who 1,995
were included in the department's report under section 3317.10 of 1,997
the Revised Code. The department shall make this determination 1,998
on the basis of information readily available to it. Upon making 1,999
this determination and no later than ninety days after submission 2,000
of the list by the community school, the department shall report 2,001
to the state department of education the number of students on 2,002
the list who reside in each school district who were included in 2,003
the department's report under section 3317.10 of the Revised 2,004
Code. In complying with this division, the department of human 2,006
services shall not report to the state department of education 2,007
any personally identifiable information on any student.
(K) The department of education shall adjust the amounts 2,009
subtracted and paid under divisions (C) and (D) of this section 2,011
to reflect any enrollment of students in community schools for
less than the equivalent of a full school year. 2,012
Sec. 3314.12. THE LEGISLATIVE OFFICE OF EDUCATION 2,014
OVERSIGHT SHALL PRODUCE AND ISSUE AN ANNUAL COMPOSITE 2,015
INFORMATIONAL REPORT ON COMMUNITY SCHOOLS ESTABLISHED UNDER THIS 2,016
CHAPTER OR UNDER SECTION 50.52 OF AM. SUB. H.B. 215 OF THE 122nd 2,017
GENERAL ASSEMBLY TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, 2,019
THE PRESIDENT OF THE SENATE, AND THE GOVERNOR. THE REPORT SHALL 2,020
INCLUDE THE NUMBER OF SCHOOLS IN OPERATION, THE SIZE AND 2,021
CHARACTERISTICS OF ENROLLMENT FOR THE SCHOOLS, THE ACADEMIC
PERFORMANCE OF THE SCHOOLS, THE FINANCIAL STATUS OF THE SCHOOLS, 2,022
AND ANY OTHER PERTINENT INFORMATION. 2,023
Sec. 3314.13. (A) AS USED IN THIS SECTION: 2,026
(1) "ALL-DAY KINDERGARTEN" AND "DPIA INDEX" HAVE THE SAME 2,029
MEANINGS AS IN SECTION 3317.029 OF THE REVISED CODE. 2,032
47
(2) "FORMULA AMOUNT" HAS THE SAME MEANING AS IN SECTION 2,034
3317.02 OF THE REVISED CODE. 2,036
(B) THE DEPARTMENT OF EDUCATION ANNUALLY SHALL PAY EACH 2,039
COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER OR UNDER SECTION 2,041
50.52 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY 2,043
ONE-HALF OF THE FORMULA AMOUNT FOR EACH STUDENT WHO IS ENTITLED 2,044
TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED 2,046
CODE IN A SCHOOL DISTRICT WITH A DPIA INDEX OF ONE OR GREATER AND 2,048
WHO IS REPORTED BY THE COMMUNITY SCHOOL AS ENROLLED IN ALL-DAY 2,049
KINDERGARTEN AT THE COMMUNITY SCHOOL. IF A STUDENT FOR WHOM
PAYMENT IS MADE UNDER THIS SECTION IS ENTITLED TO ATTEND SCHOOL 2,051
IN A DISTRICT THAT RECEIVES ANY PAYMENT FOR ALL-DAY KINDERGARTEN 2,053
UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, THE 2,055
DEPARTMENT SHALL DEDUCT THE PAYMENT TO THE COMMUNITY SCHOOL UNDER 2,056
THIS SECTION FROM THE AMOUNT PAID THAT SCHOOL DISTRICT UNDER THAT 2,057
DIVISION. IF THAT SCHOOL DISTRICT DOES NOT RECEIVE PAYMENT FOR 2,058
ALL-DAY KINDERGARTEN UNDER THAT DIVISION, THE DEPARTMENT SHALL 2,059
PAY THE COMMUNITY SCHOOL FROM STATE FUNDS APPROPRIATED GENERALLY 2,060
FOR DISADVANTAGED PUPIL IMPACT AID. 2,061
(C) THE DEPARTMENT SHALL ADJUST THE AMOUNTS DEDUCTED FROM 2,064
SCHOOL DISTRICTS AND PAID TO COMMUNITY SCHOOLS UNDER THIS SECTION 2,065
TO REFLECT ANY ENROLLMENTS OF STUDENTS IN ALL-DAY KINDERGARTEN IN 2,066
COMMUNITY SCHOOLS FOR LESS THAN THE EQUIVALENT OF A FULL SCHOOL 2,067
YEAR.
Sec. 3315.171. AS USED IN THIS SECTION, "SECURITIES" HAS 2,069
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 2,070
THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, LOCAL, 2,072
OR JOINT VOCATIONAL SCHOOL DISTRICT MAY REPLACE REVENUES RECEIVED 2,074
FOR OPERATING EXPENSES WITH MONEY RECEIVED FROM ANY OF THE 2,075
FOLLOWING SOURCES IN MEETING THE AMOUNT REQUIRED BY DIVISION (A) 2,076
OF SECTION 3315.17 OF THE REVISED CODE TO BE DEPOSITED IN THE 2,078
DISTRICT'S TEXTBOOK AND INSTRUCTIONAL MATERIALS FUND: 2,079
(A) A PERMANENT IMPROVEMENT LEVY AUTHORIZED BY SECTION 2,082
5705.21 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS ARE 2,085
48
RESTRICTED BY THE DISTRICT BOARD TO EXPENDITURES FOR TEXTBOOKS, 2,086
INSTRUCTIONAL SOFTWARE, AND INSTRUCTIONAL MATERIALS, SUPPLIES, 2,087
AND EQUIPMENT;
(B) THE PROCEEDS OF SECURITIES WHOSE USE IS RESTRICTED TO 2,090
EXPENDITURES FOR TEXTBOOKS, INSTRUCTIONAL SOFTWARE, AND 2,091
INSTRUCTIONAL MATERIALS, SUPPLIES, AND EQUIPMENT. 2,092
Sec. 3315.181. AS USED IN THIS SECTION, "SECURITIES" HAS 2,094
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 2,097
NOTWITHSTANDING DIVISION (A) OF SECTION 3315.18 OF THE 2,101
REVISED CODE, THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, 2,103
LOCAL, OR JOINT VOCATIONAL SCHOOL DISTRICT, IN MEETING THE AMOUNT 2,104
REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE DISTRICT'S 2,105
CAPITAL AND MAINTENANCE FUND, MAY REPLACE GENERAL FUND REVENUES 2,106
WITH PROCEEDS RECEIVED FROM A PERMANENT IMPROVEMENT LEVY 2,107
AUTHORIZED BY SECTION 5705.21 OF THE REVISED CODE ONLY TO THE 2,109
EXTENT THE PROCEEDS ARE AVAILABLE TO BE USED FOR THE ACQUISITION, 2,110
REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT 2,111
IMPROVEMENTS AS DEFINED IN SECTION 5705.01 OF THE REVISED CODE. 2,113
IN ADDITION, THE BOARD MAY REPLACE GENERAL FUND REVENUES WITH 2,114
PROCEEDS RECEIVED FROM ANY OF THE FOLLOWING SOURCES IN MEETING 2,115
THE AMOUNT REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE FUND: 2,116
(A) PROCEEDS RECEIVED FROM ANY SECURITIES WHOSE USE IS 2,118
LIMITED TO THE ACQUISITION, REPLACEMENT, ENHANCEMENT, 2,119
MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS; 2,120
(B) INSURANCE PROCEEDS RECEIVED AS A RESULT OF THE DAMAGE 2,122
TO OR THEFT OR DESTRUCTION OF A PERMANENT IMPROVEMENT TO THE 2,123
EXTENT A BOARD OF EDUCATION PLACES THE PROCEEDS IN A SEPARATE 2,124
FUND FOR THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, 2,125
OR REPAIR OF PERMANENT IMPROVEMENTS; 2,126
(C) PROCEEDS RECEIVED FROM THE SALE OF A PERMANENT 2,128
IMPROVEMENT TO THE EXTENT THE PROCEEDS ARE PAID INTO A SEPARATE 2,129
FUND FOR THE CONSTRUCTION OR ACQUISITION OF PERMANENT 2,130
IMPROVEMENTS; 2,131
(D) PROCEEDS RECEIVED FROM A TAX LEVY AUTHORIZED BY 2,133
49
SECTION 3318.06 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS 2,135
ARE AVAILABLE TO BE USED FOR THE MAINTENANCE OF CAPITAL 2,136
FACILITIES; 2,137
(E) PROCEEDS OF CERTIFICATES OF PARTICIPATION ISSUED AS 2,140
PART OF A LEASE-PURCHASE AGREEMENT ENTERED INTO UNDER SECTION 2,141
3313.375 OF THE REVISED CODE. 2,143
Sec. 3317.01. As used in this section and section 3317.011 2,152
of the Revised Code, "school district," unless otherwise 2,153
specified, means any city, local, exempted village, joint 2,154
vocational, or cooperative education school district and any 2,156
educational service center. 2,157
This chapter shall be administered by the state board of 2,159
education. The superintendent of public instruction shall 2,160
calculate the amounts payable to each school district and shall 2,161
certify the amounts payable to each eligible district to the 2,162
treasurer of the district as provided by this chapter. No moneys 2,163
shall be distributed pursuant to this chapter without the 2,164
approval of the controlling board. 2,165
The state board of education shall, in accordance with 2,167
appropriations made by the general assembly, meet the financial 2,168
obligations of this chapter, except that moneys to meet the 2,169
financial obligations of section 3301.17 of the Revised Code 2,170
shall be supplemented from funds available to the state from the 2,171
United States or any agency or department thereof for a driver 2,172
education course of instruction. 2,173
ANNUALLY, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND 2,175
REPORT TO EACH SCHOOL DISTRICT THE DISTRICT'S TOTAL STATE AND 2,176
LOCAL FUNDS FOR PROVIDING AN ADEQUATE BASIC EDUCATION TO THE 2,177
DISTRICT'S NONHANDICAPPED STUDENTS, UTILIZING THE DETERMINATION 2,178
IN SECTION 3317.012 OF THE REVISED CODE. IN ADDITION, THE
DEPARTMENT SHALL CALCULATE AND REPORT SEPARATELY FOR EACH SCHOOL 2,179
DISTRICT THE DISTRICT'S TOTAL STATE AND LOCAL FUNDS FOR PROVIDNG 2,180
AN ADEQUATE EDUCATION FOR ITS HANDICAPPED STUDENTS, UTILIZING THE 2,181
DETERMINATIONS IN BOTH SECTIONS 3317.012 AND 3317.013 OF THE 2,182
50
REVISED CODE.
Moneys distributed pursuant to this chapter shall be 2,184
calculated and paid on a fiscal year basis, beginning with the 2,185
first day of July and extending through the thirtieth day of 2,186
June. The moneys appropriated for each fiscal year shall be 2,187
distributed at least monthly to each school district unless 2,188
otherwise provided for. With each payment, the state board shall 2,189
submit to each school district a detailed statement of state 2,190
special education support indicating the amount of the payment 2,191
calculated under division (A) of section 3317.022 of the Revised 2,192
Code as basic aid that is attributable to the district's category 2,194
one, two, and three special education ADMs plus the amount of the 2,195
distribution computed under division (C) of section 3317.022 of 2,196
the Revised Code. The state board shall submit a yearly
districution DISTRIBUTION plan to the controlling board at its 2,197
first meeting in July. The state board shall submit any proposed 2,198
midyear revision of the plan to the controlling board in January. 2,200
Any year-end revision of the plan shall be submitted to the 2,201
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 2,202
shall be on the same basis for each school district. 2,203
The total amounts paid each month shall constitute, as 2,205
nearly as possible, one-twelfth of the total amount payable for 2,206
the entire year. Payments made during the first six months of 2,207
the fiscal year may be based on an estimate of the amounts 2,208
payable for the entire year. Payments made in the last six 2,209
months shall be based on the final calculation of the amounts 2,210
payable to each school district for that fiscal year. Payments 2,211
made in the last six months may be adjusted, if necessary, to 2,212
correct the amounts distributed in the first six months, and to 2,213
reflect enrollment increases when such are at least three per 2,214
cent. Except as otherwise provided, payments under this chapter 2,215
shall be made only to those school districts in which: 2,216
(A) The school district, except for any educational 2,219
51
service center and any joint vocational or cooperative education 2,220
school district, levies for current operating expenses at least 2,221
twenty mills. Levies for joint vocational or cooperative 2,223
education school districts or county school financing districts, 2,224
limited to or to the extent apportioned to current expenses, 2,225
shall be included in this qualification requirement. School 2,226
district income tax levies under Chapter 5748. of the Revised 2,227
Code, limited to or to the extent apportioned to current 2,228
operating expenses, shall be included in this qualification 2,229
requirement to the extent determined by the tax commissioner 2,230
under division (C) of section 3317.021 of the Revised Code. 2,231
(B) The school year next preceding the fiscal year for 2,233
which such payments are authorized meets the requirement of 2,234
section 3313.48 or 3313.481 of the Revised Code, with regard to 2,235
the minimum number of days or hours school must be open for 2,236
instruction with pupils in attendance, for individualized 2,237
parent-teacher conference and reporting periods, and for 2,238
professional meetings of teachers. This requirement shall be 2,239
waived by the superintendent of public instruction if it had been 2,240
necessary for a school to be closed because of disease epidemic, 2,241
hazardous weather conditions, inoperability of school buses or 2,242
other equipment necessary to the school's operation, damage to a 2,243
school building, or other temporary circumstances due to utility 2,244
failure rendering the school building unfit for school use, 2,245
provided that for those school districts operating pursuant to 2,246
section 3313.48 of the Revised Code the number of days the school 2,247
was actually open for instruction with pupils in attendance and 2,248
for individualized parent-teacher conference and reporting 2,249
periods is not less than one hundred seventy-five, or for those 2,250
school districts operating on a trimester plan the number of days 2,251
the school was actually open for instruction with pupils in 2,252
attendance not less than seventy-nine days in any trimester, for 2,253
those school districts operating on a quarterly plan the number 2,254
of days the school was actually open for instruction with pupils 2,255
52
in attendance not less than fifty-nine days in any quarter, or 2,256
for those school districts operating on a pentamester plan the 2,257
number of days the school was actually open for instruction with 2,258
pupils in attendance not less than forty-four days in any 2,259
pentamester.
A school district shall not be considered to have failed to 2,261
comply with this division or section 3313.481 of the Revised Code 2,262
because schools were open for instruction but either twelfth 2,263
grade students were excused from attendance for up to three days 2,264
or only a portion of the kindergarten students were in attendance 2,265
for up to three days in order to allow for the gradual 2,266
orientation to school of such students. 2,267
The superintendent of public instruction shall waive the 2,269
requirements of this section with reference to the minimum number 2,270
of days or hours school must be in session with pupils in 2,271
attendance for the school year succeeding the school year in 2,272
which a board of education initiates a plan of operation pursuant 2,273
to section 3313.481 of the Revised Code. The minimum 2,274
requirements of this section shall again be applicable to such a 2,275
district beginning with the school year commencing the second 2,276
July succeeding the initiation of one such plan, and for each 2,277
school year thereafter. 2,278
A school district shall not be considered to have failed to 2,280
comply with this division or section 3313.48 or 3313.481 of the 2,281
Revised Code because schools were open for instruction but the 2,282
length of the regularly scheduled school day, for any number of 2,283
days during the school year, was reduced by not more than two 2,284
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 2,286
accordance with, a teacher's TEACHERS' salary schedule which 2,288
complies with section 3317.13 of the Revised Code.
A board of education or governing board of an educational 2,290
service center which has not conformed with other law and the 2,292
rules pursuant thereto, shall not participate in the distribution 2,293
53
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 2,294
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 2,295
good and sufficient reason established to the satisfaction of the 2,296
state board of education and the state controlling board. 2,297
All funds allocated to school districts under this chapter, 2,299
except those specifically allocated for other purposes, shall be 2,300
used to pay current operating expenses only. 2,301
Sec. 3317.013. This section does not apply to preschool 2,310
handicapped PRESCHOOL students. 2,311
Analysis of special education cost data has resulted in a 2,313
finding that the average special education excess ADDITIONAL cost 2,315
per pupil, including the costs of related services, can be 2,316
expressed as a multiple of the base cost per pupil calculated 2,318
under section 3317.012 of the Revised Code. The multiples for 2,319
the following categories of special education programs, as these 2,320
programs are defined for purposes of Chapter 3323. of the Revised 2,321
Code, are as follows:
(A) A multiple of 0.22 for students identified as specific 2,324
learning disabled, other health handicapped, or developmentally
handicapped, as these terms are defined pursuant to Chapter 3323. 2,325
of the Revised Code; 2,326
(B) A multiple of 3.01 for students identified as hearing 2,328
handicapped, orthopedically handicapped, vision impaired, 2,329
multihandicapped, and severe behavior handicapped, as these terms 2,331
are defined pursuant to Chapter 3323. of the Revised Code. 2,332
Further analysis indicates that approximately one-eighth of 2,334
THE TOTAL COSTS OF SERVING special education costs consist 2,336
STUDENTS CONSISTS of the furnishing of THE related services 2,338
specified in division (A)(B)(3) of section 3317.024 3317.022 of 2,340
the Revised Code. 2,341
Sec. 3317.02. As used in this chapter: 2,350
(A) Unless otherwise specified, "school district" means 2,352
city, local, and exempted village school districts. 2,353
(B) "Formula amount" means the base cost for the fiscal 2,355
54
year specified in section 3317.012 of the Revised Code, except 2,357
that to allow for the orderly phase-in of the increased funding 2,359
specified in that section, the formula amount for fiscal year 2,360
1999 shall be $3,851; the formula amount for fiscal year 2000 2,361
shall be $4,038; and the formula amount for fiscal year 2001 2,362
shall be $4,226. Thereafter, the formula amount shall be as 2,363
specified in that section.
(C) "FTE basis" means a count of students based on 2,366
full-time equivalency, in accordance with rules adopted by the 2,367
department of education pursuant to section 3317.03 of the 2,368
Revised Code. IN ADOPTING ITS RULES UNDER THIS DIVISION, THE 2,369
DEPARTMENT SHALL PROVIDE FOR COUNTING ANY STUDENT IN A DISTRICT'S 2,370
CATEGORY ONE, TWO, OR THREE SPECIAL EDUCATION ADM IN THE SAME 2,371
PROPORTION THE STUDENT IS COUNTED IN FORMULA ADM. 2,372
(D)(1) "Formula ADM" means the greater of the number 2,375
reported pursuant to division (A) of section 3317.03 of the 2,377
Revised Code or the three-year. 2,379
(2) "THREE-YEAR AVERAGE FORMULA ADM" MEANS THE average of 2,381
that number and the number reported under that division A SCHOOL 2,383
DISTRICT'S FORMULA ADMs for the CURRENT AND preceding two fiscal 2,384
years. However, as applicable in fiscal years 1999 and 2000, the 2,386
three-year average specified in this division shall be determined 2,388
utilizing the FY 1997 ADM or FY 1998 ADM in lieu of a number 2,390
reported under division (A) of section 3317.03 of the Revised 2,392
Code FORMULA ADM FOR FISCAL YEAR 1997 OR 1998. 2,393
(E) "Preschool special education ADM" means the sum of the 2,396
average daily membership of handicapped preschool children
receiving services in preschool special education units approved 2,397
pursuant to division (B) of section 3317.05 of the Revised Code 2,399
FY 1997 ADM" or "FY 1998 ADM" MEANS THE DISTRICT'S AVERAGE DAILY 2,404
MEMBERSHIP REPORTED FOR THE APPLICABLE FISCAL YEAR UNDER THE 2,405
VERSION OF DIVISION (A) OF SECTION 3317.03 OF THE REVISED CODE IN 2,408
EFFECT DURING THAT FISCAL YEAR, ADJUSTED AS FOLLOWS: 2,409
(1) MINUS THE AVERAGE DAILY MEMBERSHIP OF HANDICAPPED 2,412
55
PRESCHOOL CHILDREN;
(2) MINUS ONE-HALF OF THE AVERAGE DAILY MEMBERSHIP 2,415
ATTENDING KINDERGARTEN;
(3) MINUS THREE-FOURTHS OF THE AVERAGE DAILY MEMBERSHIP 2,418
ATTENDING A JOINT VOCATIONAL SCHOOL DISTRICT; 2,419
(4) PLUS THE AVERAGE DAILY MEMBERSHIP ENTITLED UNDER 2,421
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO ATTEND SCHOOL 2,423
IN THE DISTRICT BUT RECEIVING EDUCATIONAL SERVICES IN APPROVED 2,424
UNITS FROM AN EDUCATIONAL SERVICE CENTER OR ANOTHER SCHOOL 2,426
DISTRICT UNDER A COMPACT OR A COOPERATIVE EDUCATION AGREEMENT, AS 2,427
DETERMINED BY THE DEPARTMENT;
(5) MINUS THE AVERAGE DAILY MEMBERSHIP RECEIVING 2,429
EDUCATIONAL SERVICES FROM THE DISTRICT IN APPROVED UNITS BUT 2,430
ENTITLED UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO 2,431
ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT, AS DETERMINED BY THE 2,432
DEPARTMENT.
(F)(1) "Category one special education ADM" means the 2,436
average daily membership of handicapped children receiving
special education services for those handicaps specified in 2,438
division (A) of section 3317.013 of the Revised Code and reported 2,440
under division (B) of section 3317.03 of the Revised Code. 2,442
(2) "Category two special education ADM" means the average 2,446
daily membership of handicapped children receiving special 2,447
education services for those handicaps specified in division (B) 2,448
of section 3317.013 of the Revised Code and reported under 2,450
division (B) of section 3317.03 of the Revised Code. 2,452
(3) "Category three special education ADM" means the 2,456
average daily membership of students receiving special education 2,457
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 2,458
terms are defined pursuant to Chapter 3323. of the Revised Code, 2,459
and reported under division (B) of section 3317.03 of the Revised 2,460
Code.
(G) "Family assistance" means assistance received under 2,462
56
the Ohio works first program or, for the purpose of determining 2,464
the five-year average of recipients of family assistance for 2,465
fiscal years 1999 through 2002, assistance received under an 2,466
antecedent family assistance program known as TANF or ADC 2,467
HANDICAPPED PRESCHOOL CHILD" MEANS A HANDICAPPED CHILD, AS 2,469
DEFINED IN SECTION 3323.01 OF THE REVISED CODE, WHO IS AT LEAST 2,471
AGE THREE BUT IS NOT OF COMPULSORY SCHOOL AGE, AS DEFINED IN 2,472
SECTION 3321.01 OF THE REVISED CODE, AND WHO HAS NOT ENTERED 2,474
KINDERGARTEN. 2,475
(H) "DPIA ADM" means the five-year average of the number 2,478
of children ages five to seventeen years residing in the school 2,479
district and living in a family receiving family assistance, as 2,481
certified or adjusted under section 3317.10 of the Revised Code 2,482
COUNTY MR/DD BOARD" MEANS A COUNTY BOARD OF MENTAL RETARDATION 2,484
AND DEVELOPMENTAL DISABILITIES. 2,485
(I)(1) "DPIA percentage" means a school district's DPIA 2,488
ADM for the fiscal year divided by the district's three-year 2,489
average formula ADM for that fiscal year. 2,491
(2) "Three-year average formula ADM" means the average of 2,494
the district's formula ADM for the current and preceding two 2,496
fiscal years, provided that in fiscal years 1999 and 2000, the 2,497
department shall calculate this average utilizing the district's 2,498
ADM reported for fiscal years 1997 and 1998 pursuant to division 2,499
(A) of section 3317.03 of the Revised Code, minus one-half the 2,501
kindergarten students "RECOGNIZED VALUATION" MEANS THE AMOUNT 2,504
CALCULATED FOR A SCHOOL DISTRICT PURSUANT TO SECTION 3317.015 OF 2,505
THE REVISED CODE. 2,506
(J) "Transportation ADM" means the number of children 2,510
reported under division (B)(9) of section 3317.03 of the Revised 2,512
Code. 2,513
(K) "Most efficient transportation use cost per 2,515
TRANSPORTED student" for a district means the most efficient cost 2,517
per transported student for that district as developed A 2,518
STATISTICAL REPRESENTATION OF TRANSPORTATION COSTS AS CALCULATED 2,519
57
under division (D)(4) of section 3317.022 of the Revised Code. 2,521
(L) "Taxes charged and payable" means the taxes charged 2,523
and payable against real and public utility property after making 2,524
the reduction required by section 319.301 of the Revised Code, 2,525
plus the taxes levied against tangible personal property. 2,526
(M) "Total taxable value" means the sum of the amounts 2,530
certified for a city, local, exempted village, or joint 2,531
vocational school district under divisions (A)(1) and (2) of 2,532
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 2,534
indicated in this division for the county in which the district 2,535
is located, adjusted in accordance with division (N)(2) of this 2,537
section. If the district is located in more than one county, the 2,538
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 2,539
COST-OF-DOING-BUSINESS 2,541
COUNTY FACTOR AMOUNT 2,542
Adams 1.0100 2,546
Allen 1.0272 2,547
Ashland 1.0362 2,548
Ashtabula 1.0540 2,549
Athens 1.0040 2,550
Auglaize 1.0300 2,551
Belmont 1.0101 2,552
Brown 1.0218 2,553
Butler 1.0662 2,554
Carroll 1.0180 2,555
Champaign 1.0432 2,556
Clark 1.0489 2,557
Clermont 1.0498 2,558
Clinton 1.0287 2,559
Columbiana 1.0320 2,560
Coshocton 1.0224 2,561
Crawford 1.0174 2,562
58
Cuyahoga 1.0725 2,563
Darke 1.0360 2,564
Defiance 1.0214 2,565
Delaware 1.0512 2,566
Erie 1.0414 2,567
Fairfield 1.0383 2,568
Fayette 1.0281 2,569
Franklin 1.0548 2,570
Fulton 1.0382 2,571
Gallia 1.0000 2,572
Geauga 1.0608 2,573
Greene 1.0418 2,574
Guernsey 1.0091 2,575
Hamilton 1.0750 2,576
Hancock 1.0270 2,577
Hardin 1.0384 2,578
Harrison 1.0111 2,579
Henry 1.0389 2,580
Highland 1.0177 2,581
Hocking 1.0164 2,582
Holmes 1.0275 2,583
Huron 1.0348 2,584
Jackson 1.0176 2,585
Jefferson 1.0090 2,586
Knox 1.0276 2,587
Lake 1.0627 2,588
Lawrence 1.0154 2,589
Licking 1.0418 2,590
Logan 1.0376 2,591
Lorain 1.0573 2,592
Lucas 1.0449 2,593
Madison 1.0475 2,594
Mahoning 1.0465 2,595
Marion 1.0289 2,596
59
Medina 1.0656 2,597
Meigs 1.0016 2,598
Mercer 1.0209 2,599
Miami 1.0456 2,600
Monroe 1.0152 2,601
Montgomery 1.0484 2,602
Morgan 1.0168 2,603
Morrow 1.0293 2,604
Muskingum 1.0194 2,605
Noble 1.0150 2,606
Ottawa 1.0529 2,607
Paulding 1.0216 2,608
Perry 1.0185 2,609
Pickaway 1.0350 2,610
Pike 1.0146 2,611
Portage 1.0595 2,612
Preble 1.0523 2,613
Putnam 1.0308 2,614
Richland 1.0232 2,615
Ross 1.0111 2,616
Sandusky 1.0361 2,617
Scioto 1.0082 2,618
Seneca 1.0265 2,619
Shelby 1.0274 2,620
Stark 1.0330 2,621
Summit 1.0642 2,622
Trumbull 1.0465 2,623
Tuscarawas 1.0109 2,624
Union 1.0488 2,625
Van Wert 1.0181 2,626
Vinton 1.0065 2,627
Warren 1.0678 2,628
Washington 1.0124 2,629
Wayne 1.0446 2,630
60
Williams 1.0316 2,631
Wood 1.0431 2,632
Wyandot 1.0227 2,633
(2) As used in this division, "multiplier" means the 2,636
number for the corresponding fiscal year as follows: 2,637
FISCAL YEAR OF THE 2,639
COMPUTATION MULTIPLIER 2,640
1998 9.6/7.5 2,642
1999 11.0/7.5 2,643
2000 12.4/7.5 2,644
2001 13.8/7.5 2,645
2002 15.2/7.5 2,646
2003 16.6/7.5 2,647
2004 and thereafter 18.0/7.5 2,648
Beginning in fiscal year 1998, the department shall 2,651
annually adjust the cost-of-doing-business factor for each county 2,653
in accordance with the following formula: 2,654
[(The cost-of-doing-business factor specified under 2,656
division (N)(1) of this section - 1) X (the multiplier 2,657
for the fiscal year of the calculation)< + 1 2,658
The result of such formula shall be the adjusted 2,660
cost-of-doing-business factor for that fiscal year. 2,661
(O) "Tax exempt value" of a school district means the 2,663
amount certified for a school district under division (A)(4) of 2,664
section 3317.021 of the Revised Code. 2,665
(P) "Potential value" of a school district means the 2,667
adjusted total taxable value of a school district plus the tax 2,669
exempt value of the district. 2,670
(Q) "District median income" means the median Ohio 2,672
adjusted gross income certified for a school district. On or 2,673
before the first day of July of each year, the tax commissioner 2,674
shall certify to the department of education for each city, 2,675
exempted village, and local school district the median Ohio 2,676
adjusted gross income of the residents of the school district 2,677
61
determined on the basis of tax returns filed for the second 2,678
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 2,680
median income of all city, exempted village, and local school 2,682
districts in the state.
(S) "Income factor" for a city, exempted village, or local 2,684
school district means the quotient obtained by dividing that 2,686
district's median income by the statewide median income. 2,687
(T) "Valuation EXCEPT AS PROVIDED IN DIVISION (B)(3) OF 2,689
SECTION 3317.012 OF THE REVISED CODE, "VALUATION per pupil" for a 2,690
city, exempted village, or local school district means the 2,692
district's recognized valuation divided by THE GREATER OF the 2,693
district's formula ADM OR THREE-YEAR AVERAGE FORMULA ADM. 2,695
(U) Except as provided in section 3317.0213 of the Revised 2,698
Code, "adjusted valuation per pupil" means the amount calculated 2,700
in accordance with the following formula: 2,701
District valuation per pupil - [$60,000 X 2,703
(1 - district income factor)< 2,704
If the result of such formula is negative, the adjusted 2,706
valuation per pupil shall be zero. 2,707
(V) "Income adjusted valuation" means the product obtained 2,709
by multiplying the district's adjusted valuation per pupil by THE 2,710
GREATER OF the district's formula ADM OR THREE-YEAR AVERAGE 2,712
FORMULA ADM.
(W) "Adjusted EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 2,714
SECTION 3317.022 OF THE REVISED CODE, "ADJUSTED total taxable 2,715
value" means one of the following: 2,716
(1) In any fiscal year that a district's income factor is 2,718
less than or equal to one, the amount calculated under the 2,719
following formula:
(Income adjusted valuation X 1/5) + 2,721
(recognized valuation X 4/5) 2,722
(2) In fiscal year 1999, if a district's income factor is 2,725
greater than one, the amount calculated under the following 2,726
62
formula: 2,727
(Income adjusted valuation X 1/15) 2,729
+ (recognized valuation X 14/15) 2,730
Thereafter, the adjusted total taxable value of a district 2,732
with an income factor greater than one shall be its recognized 2,734
valuation.
(X) "Recognized valuation" means the amount calculated for 2,736
a school district pursuant to section 3317.015 of the Revised 2,739
Code.
(Y) "County MR/DD board" means a county board of mental 2,743
retardation and developmental disabilities. 2,744
(Z) "Handicapped preschool child" means a handicapped 2,747
child, as defined in section 3323.01 of the Revised Code, who is 2,749
at least age three but is not of compulsory school age, as 2,750
defined in section 3321.01 of the Revised Code, and who has not 2,752
entered kindergarten. 2,753
(AA) "FY 1997 or FY 1998 ADM" means for either fiscal 2,757
year, as applicable, the district's average daily membership as 2,758
described by division (A) of former section 3317.02 of the 2,759
Revised Code, plus the district's average daily membership based 2,761
upon full-time equivalency in approved vocational units as
certified by the district under division (A)(2) of former section 2,763
3317.03 of the Revised Code and the district's average daily 2,765
membership of all handicapped children, except for preschool 2,767
handicapped children, in classes in the district as certified
under division (a)(3) of former section 3317.03 of the Revised 2,769
Code, as those divisions and sections existed in the applicable 2,771
fiscal year.
Sec. 3317.021. (A) On or before the first day of June of 2,780
each year, the tax commissioner shall certify to the department 2,781
of education the following information for each city, exempted 2,782
village, and local school district and the information required 2,783
by divisions (A)(1) and (2) of this section for each joint 2,784
vocational school district, and it shall be used, along with the 2,785
63
information certified under division (B) of this section, in 2,786
making the computations for the district under section 3317.022 2,787
or 3317.16 of the Revised Code: 2,788
(1) The taxable value of real and public utility real 2,790
property in the school district subject to taxation in the 2,791
preceding tax year, by class and by county of location; 2,792
(2) The taxable value of tangible personal property, 2,794
including public utility personal property, subject to taxation 2,795
by the district for the preceding tax year; 2,796
(3) The total property tax rate and total taxes charged 2,798
and payable for the current expenses for the preceding tax year 2,799
and the total property tax rate and the total taxes charged and 2,800
payable to a joint vocational district for the preceding tax year 2,801
that are limited to or to the extent apportioned to current 2,802
expenses; 2,803
(4) The value of all real and public utility real property 2,805
in the school district exempted from taxation minus both of the 2,806
following: 2,807
(a) The value of real and public utility real property in 2,809
the district owned by the United States government and used 2,810
exclusively for a public purpose; 2,811
(b) The value of real and public utility real property in 2,813
the district exempted from taxation under Chapter 725. or 1728. 2,814
or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 2,815
5709.73, or 5709.78 of the Revised Code. 2,816
(5) The total effective operating tax rate for the 2,818
district IN THE TAX YEAR FOR WHICH THE MOST RECENT DATA ARE 2,819
AVAILABLE.
(B) On or before the first day of May each year, the tax 2,821
commissioner shall certify to the department of education the 2,822
total taxable real property value of railroads and, separately, 2,823
the total taxable tangible personal property value of all public 2,824
utilities for the preceding tax year, by school district and by 2,825
county of location. 2,826
64
(C) If on the basis of the information certified under 2,828
division (A) of this section, the department determines that any 2,829
district fails in any year to meet the qualification requirement 2,830
specified in division (A) of section 3317.01 of the Revised Code, 2,831
the department shall immediately request the tax commissioner to 2,832
determine the extent to which any school district income tax 2,833
levied by the district under Chapter 5748. of the Revised Code 2,834
shall be included in meeting that requirement. Within five days 2,835
of receiving such a request from the department, the tax 2,836
commissioner shall make the determination required by this 2,837
division and report the quotient obtained under division (C)(3) 2,838
of this section to the department. This quotient represents the 2,839
number of mills that the department shall include in determining 2,840
whether the district meets the qualification requirement of 2,841
division (A) of section 3317.01 of the Revised Code. 2,842
The tax commissioner shall make the determination required 2,844
by this division as follows: 2,845
(1) Multiply one mill times the total taxable value of the 2,847
district as determined in divisions (A)(1) and (2) of this 2,848
section; 2,849
(2) Estimate the total amount of tax liability for the 2,851
current tax year under taxes levied by Chapter 5748. of the 2,852
Revised Code that are apportioned to current operating expenses 2,853
of the district; 2,854
(3) Divide the amount estimated under division (C)(2) of 2,856
this section by the product obtained under division (C)(1) of 2,857
this section. 2,858
(D) As used in this section: 2,860
(1) "Class I taxes charged and payable for current 2,863
expenses" means taxes charged and payable for current expenses on
land and improvements classified as residential/agricultural real 2,864
property under section 5713.041 of the Revised Code. 2,866
(2) "Class I taxable value" means the taxable value of 2,869
land and improvements classified as residential/agricultural real 2,870
65
property under section 5713.041 of the Revised Code. 2,871
(3) "Class I effective operating tax rate" of a school 2,874
district means the quotient obtained by dividing the school 2,875
district's Class I taxes charged and payable for current expenses 2,876
by the district's Class I taxable value.
(4) "Income tax equivalent tax rate" of a school district 2,878
means the quotient obtained by dividing the income tax liability 2,880
for the most recently concluded REVENUE DISBURSED DURING THE 2,881
CURRENT FISCAL year under any tax levied pursuant to Chapter 2,882
5748. of the Revised Code by total taxable value of the district 2,884
to the extent the revenue from the tax is allocated or
apportioned to current expenses. 2,885
(5) "Total effective operating tax rate" means the sum of 2,888
the Class I effective operating tax rate and the income tax 2,890
equivalent tax rate.
(6) "State taxable value per pupil" means the quotient 2,893
obtained by dividing the total taxable value of all city, local, 2,894
and exempted village school districts in this state by the sum of 2,895
the formula ADMs of all city, local, and exempted village school 2,896
districts in this state.
Sec. 3317.022. (A)(1) The department of education shall 2,905
compute and distribute state basic aid to each school district 2,907
for the fiscal year in accordance with the following formula, 2,908
using adjusted total taxable value as defined under division (W) 2,910
of section 3317.02 of the Revised Code OR DIVISION (A)(2) OF THIS 2,911
SECTION and the information obtained under section 3317.021 of 2,912
the Revised Code in the calendar year in which the fiscal year 2,913
begins.
Compute the following for each eligible district: 2,915
([cost-of-doing-business factor X 2,916
the formula amount X (THE GREATER OF formula ADM 2,917
OR THREE-YEAR AVERAGE FORMULA ADM)< - 2,918
(.023 X adjusted total taxable value) 2,919
If the difference obtained is a negative number, the 2,921
66
district's computation shall be zero. 2,922
(2)(a) For each school district for which the tax exempt 2,925
value of the district equals or exceeds twenty-five per cent of 2,926
the potential value of the district, the department of education 2,927
shall calculate the difference between the district's tax exempt 2,928
value and twenty-five per cent of the district's potential value. 2,929
(b) For each school district to which division (A)(2)(a) 2,932
of this section applies, the adjusted total taxable value used in 2,933
the calculation under division (A)(1) of this section shall be 2,934
the adjusted total taxable value modified by subtracting the 2,935
amount calculated under division (A)(2)(a) of this section. 2,936
(B) As used in division (C) of this section and in section 2,939
3317.024 of the Revised Code:
(1) The "total special education weight" for a district 2,941
means the sum of the following amounts: 2,942
(a) The district's category one special education ADM 2,944
multiplied by the multiple specified under division (A) of 2,947
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 2,949
three special education ADMs multiplied by the multiple specified 2,951
under division (B) of section 3317.013 of the Revised Code. 2,952
(2) "State share percentage" means the percentage 2,954
calculated for a district as follows: 2,955
(a) Calculate the basic aid amount for the district for 2,957
the fiscal year under division (A) of this section. If the 2,959
district would not receive any state basic aid for that year
under that division, the district's state share percentage is 2,960
zero.
(b) If the district would receive basic aid under that 2,962
division, divide that basic aid amount by an amount equal to the 2,963
following: 2,964
Cost-of-doing-business factor X 2,966
the formula amount X (THE GREATER OF formula 2,967
ADM OR THREE-YEAR AVERAGE FORMULA ADM) 2,968
67
The resultant number is the district's state share 2,971
percentage. 2,972
(3) "RELATED SERVICES" INCLUDES: 2,975
(a) CHILD STUDY, SPECIAL EDUCATION SUPERVISORS AND 2,977
COORDINATORS, SPEECH AND HEARING SERVICES, ADAPTIVE PHYSICAL 2,978
DEVELOPMENT SERVICES, AND OCCUPATIONAL OR PHYSICAL THERAPY, AS 2,979
THOSE TERMS ARE DEFINED BY THE DEPARTMENT; 2,980
(b) SPEECH AND LANGUAGE SERVICES PROVIDED TO ANY STUDENT 2,983
WITH A HANDICAP, INCLUDING ANY STUDENT WHOSE PRIMARY OR ONLY 2,984
HANDICAP IS A SPEECH AND LANGUAGE HANDICAP;
(c) ANY RELATED SERVICE NOT SPECIFICALLY COVERED BY OTHER 2,987
STATE FUNDS BUT SPECIFIED IN FEDERAL LAW, INCLUDING BUT NOT 2,988
LIMITED TO, AUDIOLOGY AND PSYCHOLOGY;
(d) ANY SERVICE INCLUDED IN UNITS FUNDED UNDER FORMER 2,991
DIVISION (O)(1) OF SECTION 3317.023 OF THE REVISED CODE. 2,993
(C)(1) The department shall compute and distribute state 2,995
basic special education AND RELATED SERVICES ADDITIONAL WEIGHTED 2,996
COSTS funds to each school district in accordance with the 2,997
following formula:
The district's state share percentage 2,999
X seven-eighths of the formula amount for the year 3,000
for which the aid is calculated 3,001
X the district's total special education weight 3,002
(2) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 3,004
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND ON RELATED 3,006
SERVICES THE LESSER OF THE FOLLOWING: 3,007
(a) THE AMOUNT THE DISTRICT SPENT ON RELATED SERVICES IN 3,010
THE PRECEDING FISCAL YEAR;
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 3,014
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 3,015
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 3,017
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (C)(1) 3,019
OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND 3,020
RELATED SERVICES ADDITIONAL WEIGHTED COSTS 3,021
68
(3) THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 3,023
SERVICES ADDITIONAL WEIGHTED COSTS EQUALS: 3,024
(1 - THE DISTRICT'S STATE SHARE PERCENTAGE) X 3,026
THE DISTRICT'S TOTAL SPECIAL EDUCATION WEIGHT X 3,027
THE FORMULA AMOUNT 3,028
(4) The department shall compute and pay in accordance 3,031
with this division additional state aid to school districts for 3,032
students in category three special education ADM. If a 3,033
district's costs for the fiscal year for a student in its 3,034
category three special education ADM are twenty-five thousand 3,036
dollars or more, the district may submit to the superintendent of 3,037
public instruction documentation, as prescribed by the 3,038
superintendent, of all its costs for that student. Upon 3,039
submission of documentation for a student of the type and in the 3,040
manner prescribed, the department shall pay to the district an 3,041
amount equal to the district's costs for the student in excess of 3,042
twenty-five thousand dollars multiplied by the district's state 3,043
share percentage.
(D)(1) As used in this division, "log density" means a 3,045
statistical representation of the most efficient transportation 3,046
use cost per transported student for each district based on a 3,047
statewide analysis THE LOGARITHMIC CALCULATION (BASE 10) of each 3,048
district's transportation ADM per linear mile. 3,049
(2) In addition to funds paid under divisions (A) and (C) 3,052
of this section, each district shall receive a payment equal to
sixty per cent of the district's transportation ADM times the 3,053
district's most efficient transportation use cost per transported 3,054
student.
(3) In fiscal years 1999 through 2002, notwithstanding the 3,056
amount calculated for each district under division (D)(2) of this 3,057
section, each district shall receive in the corresponding fiscal 3,058
year the following percentage of the district's transportation 3,059
ADM times the district's most efficient transportation use cost 3,060
per transported student:
69
FISCAL YEAR PERCENTAGE 3,062
1999 50% 3,063
2000 52.5% 3,064
2001 55% 3,065
2002 57.5% 3,066
(4) For purposes of funding the student transportation 3,070
portion, the department of education shall determine the most 3,071
efficient transportation use cost per transported student for 3,072
each school district. This cost per student shall be an amount 3,073
equal to the number ten to a power calculated in accordance with 3,074
the following formula:
(-0.413148 X log density) + 2.493129 3,076
(5) The department of education shall biennially ANNUALLY 3,078
update the most efficient transportation use cost per transported 3,080
student for each district in accordance with the formula in 3,081
division (D)(4) of this section, including the figures and log 3,082
density component of that formula, based on a AN ANNUAL statewide 3,083
analysis of each district's transportation ADM per linear mile, 3,085
and shall notify the office of budget and management of such
update by September of each even-numbered EVERY year. 3,086
THE DEPARTMENT OF EDUCATION SHALL USE THE MOST RECENT 3,088
AVAILABLE DATA AS OF THE FIRST DAY OF JULY OF EACH YEAR TO 3,089
COMPLETE THE ANNUAL UPDATE. THE DEPARTMENT SHALL APPLY A 2.8 PER 3,090
CENT INFLATION COST ADJUSTMENT FACTOR FOR EACH FISCAL YEAR SINCE 3,091
THE FISCAL YEAR FOR WHICH THE DATA APPLIES TO ADJUST THE AMOUNT 3,092
CALCULATED FOR EACH DISTRICT UNDER DIVISION (D)(2) OR (3) OF THIS 3,093
SECTION TO THE CURRENT FISCAL YEAR LEVEL.
(6) IN ADDITION TO FUNDS PAID UNDER DIVISION (D)(2) OR (3) 3,095
OF THIS SECTION, EACH DISTRICT SHALL RECEIVE IN ACCORDANCE WITH 3,097
RULES ADOPTED BY THE STATE BOARD OF EDUCATION A PAYMENT FOR 3,098
STUDENTS TRANSPORTED BY MEANS OTHER THAN BOARD-OWNED OR 3,099
CONTRACTOR-OPERATED BUSES AND WHOSE TRANSPORTATION IS NOT FUNDED 3,100
UNDER DIVISION (J) OF SECTION 3317.024 OF THE REVISED CODE. THE 3,101
RULES SHALL INCLUDE PROVISIONS FOR SCHOOL DISTRICT REPORTING OF 3,102
70
SUCH STUDENTS.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 3,111
the Revised Code, the amounts required to be paid to a district 3,112
under that section THIS CHAPTER shall be adjusted by the amount 3,113
of the computations made under divisions (B) to (J)(K) of this 3,114
section. 3,115
As used in this section: 3,117
(1) "Classroom teacher" means a licensed employee who 3,119
provides direct instruction to pupils, excluding teachers funded 3,120
from money paid to the district from federal sources; educational 3,121
service personnel; and vocational and special education teachers. 3,122
(2) "Educational service personnel" shall not include such 3,124
specialists funded from money paid to the district from federal 3,125
sources or assigned full-time to vocational or special education 3,126
students and classes and may only include those persons employed 3,127
in the eight specialist areas in a pattern approved by the 3,128
department of education under guidelines established by the state 3,129
board of education. 3,130
(3) "Annual salary" means the annual base salary stated in 3,132
the state minimum salary schedule for the performance of the 3,133
teacher's regular teaching duties that the teacher earns for 3,134
services rendered for the first full week of October of the 3,135
fiscal year for which the adjustment is made under division (C) 3,137
of this section. It shall not include any salary payments for 3,138
supplemental teachers contracts. 3,139
(4) "Regular student population" means the formula ADM 3,142
PLUS THE NUMBER OF STUDENTS REPORTED AS ENROLLED IN THE DISTRICT 3,143
PURSUANT TO DIVISION (A)(1) OF SECTION 3313.981 OF THE REVISED 3,144
CODE; minus the number of students reported under division (A)(2) 3,146
of section 3317.03 of the Revised Code and; minus the FTE of 3,147
students reported under division (B)(5), (6), (7), or (8) of that 3,148
section who are enrolled in a vocational education class or 3,149
receiving special education,; and minus one-fourth of the 3,150
students enrolled concurrently in a joint vocational school 3,151
71
district.
(B) If the district employs less than one full-time 3,153
equivalent classroom teacher for each twenty-five pupils in the 3,155
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 3,158
(1) Divide the number of the district's full-time 3,160
equivalent classroom teachers employed by one twenty-fifth; 3,161
(2) Subtract the quotient in (1) from the district's 3,163
regular student population; 3,164
(3) Multiply the difference in (2) by seven hundred 3,166
fifty-two dollars. 3,167
(C) If a positive amount, add one-half of the amount 3,169
obtained by multiplying the number of full-time equivalent 3,170
classroom teachers by: 3,171
(1) The mean annual salary of all full-time equivalent 3,173
classroom teachers employed by the district at their respective 3,174
training and experience levels minus; 3,175
(2) The mean annual salary of all such teachers at their 3,177
respective levels in all school districts receiving payments 3,178
under this section. 3,179
The number of full-time equivalent classroom teachers used 3,181
in this computation shall not exceed one twenty-fifth of the 3,182
district's regular student population. In calculating the 3,184
district's mean salary under this division, those full-time 3,185
equivalent classroom teachers with the highest training level 3,186
shall be counted first, those with the next highest training 3,187
level second, and so on, in descending order. Within the 3,188
respective training levels, teachers with the highest years of 3,189
service shall be counted first, the next highest years of service 3,190
second, and so on, in descending order.
(D) This division does not apply to a school district that 3,193
has entered into an agreement under division (A) of section 3,194
3313.42 of the Revised Code. Deduct the amount obtained from the 3,195
following computations if the district employs fewer than five 3,196
72
full-time equivalent educational service personnel, including 3,197
elementary school art, music, and physical education teachers, 3,198
counselors, librarians, visiting teachers, school social workers, 3,199
and school nurses for each one thousand pupils in the regular 3,201
student population: 3,202
(1) Divide the number of full-time equivalent educational 3,204
service personnel employed by the district by five 3,205
one-thousandths; 3,206
(2) Subtract the quotient in (1) from the district's 3,208
regular student population; 3,209
(3) Multiply the difference in (2) by ninety-four dollars. 3,211
(E) If a local school district, or a city or exempted 3,213
village school district to which a governing board of an 3,215
educational service center provides services pursuant to section 3,216
3313.843 of the Revised Code, deduct the amount of the payment 3,217
required for the reimbursement of the governing board under 3,218
section 3317.11 of the Revised Code. 3,219
(F)(1) If the district is required to pay to or entitled 3,221
to receive tuition from another school district under division 3,222
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 3,223
Revised Code, or if the superintendent of public instruction is 3,224
required to determine the correct amount of tuition and make a 3,225
deduction or credit under section 3317.08 of the Revised Code, 3,226
deduct and credit such amounts as provided in division (I) of 3,227
section 3313.64 or section 3317.08 of the Revised Code. 3,228
(2) For each child for whom the district is responsible 3,230
for tuition or payment under division (A)(1) of section 3317.082 3,231
or section 3323.091 of the Revised Code, deduct the amount of 3,233
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 3,235
superintendent of public instruction under section 3313.90 of the 3,236
Revised Code as not in compliance with the requirements of that 3,237
section, deduct an amount equal to ten per cent of the amount 3,238
computed for the district under section 3317.022 of the Revised 3,239
73
Code. 3,240
(H) If the district has received a loan from a commercial 3,243
lending institution for which payments are made by the 3,244
superintendent of public instruction pursuant to division (E)(3) 3,245
of section 3313.483 of the Revised Code, deduct an amount equal 3,246
to such payments. 3,247
(I)(1) If the district is a party to an agreement entered 3,249
into under division (D), (E), or (F) of section 3311.06 or 3,250
division (B) of section 3311.24 of the Revised Code and is 3,251
obligated to make payments to another district under such an 3,252
agreement, deduct an amount equal to such payments if the 3,253
district school board notifies the department in writing that it 3,254
wishes to have such payments deducted. 3,255
(2) If the district is entitled to receive payments from 3,257
another district that has notified the department to deduct such 3,258
payments under division (I)(1) of this section, add the amount of 3,260
such payments. 3,261
(J) If the district is required to pay an amount of funds 3,263
to a cooperative education district pursuant to a provision 3,264
described by division (B)(4) of section 3311.52 or division 3,265
(B)(8) of section 3311.521 of the Revised Code, deduct such 3,266
amounts as provided under that provision and credit those amounts 3,267
to the cooperative education district for payment to the district 3,268
under division (B)(1) of section 3317.19 of the Revised Code. 3,269
(K)(1) IF A DISTRICT IS EDUCATING A STUDENT ENTITLED TO 3,271
ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO A SHARED EDUCATION 3,272
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT OTHER THAN 3,273
AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 3313.842 OF THE 3,274
REVISED CODE, CREDIT TO THAT EDUCATING DISTRICT ON AN FTE BASIS 3,275
BOTH OF THE FOLLOWING:
(a) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE COST 3,277
OF DOING BUSINESS FACTOR OF THE SCHOOL DISTRICT WHERE THE STUDENT 3,278
IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3,279
3313.65 OF THE REVISED CODE; 3,280
74
(b) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE STATE 3,282
SHARE PERCENTAGE TIMES ANY MULTIPLE APPLICABLE TO THE STUDENT 3,283
PURSUANT TO SECTION 3317.013 OF THE REVISED CODE. 3,284
(2) DEDUCT ANY AMOUNT CREDITED PURSUANT TO DIVISION (K)(1) 3,286
OF THIS SECTION FROM AMOUNTS PAID TO THE SCHOOL DISTRICT IN WHICH 3,287
THE STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3,288
3313.64 OR 3313.65 OF THE REVISED CODE. 3,289
(3) IF THE DISTRICT IS REQUIRED BY A SHARED EDUCATION 3,291
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT TO MAKE 3,292
PAYMENTS TO AN EDUCATIONAL SERVICE CENTER, DEDUCT THE AMOUNTS 3,293
FROM PAYMENTS TO THE DISTRICT AND ADD THEM TO THE AMOUNTS PAID TO 3,294
THE SERVICE CENTER PURSUANT TO SECTION 3317.11 OF THE REVISED
CODE.
Sec. 3317.024. In addition to the moneys paid to eligible 3,303
school districts pursuant to section 3317.022 of the Revised 3,305
Code, moneys appropriated for the education programs in divisions 3,306
(A) to (L), and (O) to (Q), AND (P) of this section shall be 3,308
distributed to school districts meeting the requirements of 3,309
section 3317.01 of the Revised Code; in the case of divisions (I) 3,310
and (J) AND, IN FISCAL YEAR 1999 ONLY, DIVISION (P)(1) of this 3,311
section, to educational service centers as provided in section 3,312
3317.11 of the Revised Code; in the case of division DIVISIONS 3,314
(E), (M), AND (N) of this section, to county MR/DD boards; in the 3,316
case of division (I) of this section, to joint vocational and 3,317
cooperative education school districts; in the case of division 3,318
(K) of this section, to cooperative education school districts; 3,320
in the case of divisions (M) and (N) of this section, to county 3,322
MR/DD boards; and in the case of division (R)(Q) of this section, 3,323
to the institutions defined under section 3317.082 of the Revised 3,324
Code providing elementary or secondary education programs to 3,325
children other than children receiving special education under 3,326
section 3323.091 of the Revised Code. The following shall be 3,327
distributed monthly, quarterly, or annually as may be determined 3,328
by the state board of education: 3,329
75
(A)(1) An amount for related services equal to one-eighth 3,332
of the district's total special education weight times the 3,334
formula amount times the district's state share percentage. 3,335
(2) In any fiscal year, a school district receiving funds 3,337
under this division shall spend on related services at least the 3,339
lesser of:
(a) The amount the district spent on related services in 3,342
the preceding fiscal year;
(b) The sum of the amount it receives under this division 3,345
in state funds plus an amount equal to the local share of related 3,346
services costs.
(3) As used in this division: 3,348
(a) "Local share of related services costs" equals the 3,351
amount calculated under the following formula: 3,352
[(1 minus the district's state share) X 3,354
1/8 of the district's total special education weight X 3,355
the formula amount< 3,356
(b) "Related services" means programs and services related 3,359
to the provision of special education to handicapped students, 3,360
and includes child study; special education supervisors and 3,361
coordinators; speech and hearing services; adaptive physical 3,362
development services; and occupational or physical therapy, as 3,363
those terms are defined by the department of education A PER 3,365
PUPIL AMOUNT TO EACH SCHOOL DISTRICT THAT ESTABLISHES A SUMMER 3,366
SCHOOL REMEDIATION PROGRAM THAT COMPLIES WITH RULES OF THE STATE 3,367
BOARD OF EDUCATION.
(B) An amount for each island school district and each 3,369
joint state school district for the operation of each high school 3,370
and each elementary school maintained within such district and 3,371
for capital improvements for such schools. Such amounts shall be 3,372
determined on the basis of standards adopted by the state board 3,373
of education. 3,374
(C) An amount for each school district operating classes 3,376
for children of migrant workers who are unable to be in 3,377
76
attendance in an Ohio school during the entire regular school 3,378
year. The amounts shall be determined on the basis of standards 3,379
adopted by the state board of education, except that payment 3,380
shall be made only for subjects regularly offered by the school 3,381
district providing the classes. 3,382
(D) An amount for each school district with guidance, 3,384
testing, and counseling programs approved by the state board of 3,385
education. The amount shall be determined on the basis of 3,386
standards adopted by the state board of education. 3,387
(E) An amount for the emergency purchase of school buses 3,389
as provided for in section 3317.07 of the Revised Code; 3,390
(F) An amount for each school district required to pay 3,392
tuition for a child in an institution maintained by the 3,393
department of youth services pursuant to section 3317.082 of the 3,394
Revised Code, provided the child was not included in the 3,396
calculation of the district's average daily membership for the 3,397
preceding school year.
(G) An amount to each school district for supplemental 3,399
salary allowances for each licensed employee except those 3,401
licensees serving as superintendents, assistant superintendents, 3,402
principals, or assistant principals, whose term of service in any 3,403
year is extended beyond the term of service of regular classroom 3,404
teachers, as described in section 3301.0725 of the Revised Code; 3,405
(H) An amount for adult basic literacy education for each 3,407
district participating in programs approved by the state board of 3,408
education. The amount shall be determined on the basis of 3,409
standards adopted by the state board of education. 3,410
(I) Notwithstanding section 3317.01 of the Revised Code, 3,412
to each city, local, and exempted village school district, an 3,413
amount pursuant to section 3301.17 of the Revised Code for 3,414
conducting driver education courses at high schools for which the 3,415
state board of education prescribes minimum standards and to 3,416
joint vocational and cooperative education school districts and 3,418
educational service centers, an amount pursuant to such section 3,419
77
for conducting driver education courses to pupils enrolled in a 3,420
high school for which the state board prescribes minimum 3,421
standards;
(J) An amount for the approved cost of transporting 3,423
developmentally handicapped pupils whom it is impossible or 3,424
impractical to transport by regular school bus in the course of 3,425
regular route transportation provided by the district or service 3,426
center. No district or service center is eligible to receive a 3,427
payment under this division for the cost of transporting any 3,429
pupil whom it transports by regular school bus and who is 3,430
included in the district's transportation ADM. The state board 3,431
of education shall establish standards and guidelines for use by 3,432
the department of education in determining the approved cost of 3,433
such transportation for each district or service center. 3,434
(K) An amount to each school district, including each 3,436
cooperative education school district, pursuant to section 3,437
3313.81 of the Revised Code to assist in providing free lunches 3,438
to needy children and an amount to assist needy school districts 3,439
in purchasing necessary equipment for food preparation. The 3,440
amounts shall be determined on the basis of rules adopted by the 3,441
state board of education. 3,442
(L) An amount to each school district, for each pupil 3,444
attending a chartered nonpublic elementary or high school within 3,445
the district. The amount shall equal the amount appropriated for 3,446
the implementation of section 3317.06 of the Revised Code divided 3,447
by the average daily membership in grades kindergarten through 3,448
twelve in nonpublic elementary and high schools within the state 3,449
as determined during the first full week in October of each 3,450
school year. 3,451
(M) An amount for each county MR/DD board, distributed on 3,454
the basis of standards adopted by the state board of education, 3,455
for the approved cost of transportation required for children 3,456
attending special education programs operated by the county MR/DD 3,457
board under section 3323.09 of the Revised Code; 3,458
78
(N) An amount for each county MR/DD board, distributed on 3,461
the basis of standards adopted by the state board of education, 3,462
for supportive home services for preschool children; 3,463
(O) An amount for each school district that establishes a 3,465
mentor teacher program that complies with rules of the state 3,466
board of education. No school district shall be required to 3,467
establish or maintain such a program in any year unless 3,468
sufficient funds are appropriated to cover the district's total 3,469
costs for the program.
(P) A per pupil amount to each school district that 3,471
establishes a summer school remediation program that complies 3,472
with rules of the state board of education; 3,473
(Q)(1) For fiscal year 1999 only, an amount to each school 3,476
district or educational service center for the total number of 3,477
gifted units approved pursuant to section 3317.05 of the Revised 3,478
Code. The amount for each such unit shall be the sum of the 3,479
minimum salary for the teacher of the unit, calculated on the 3,480
basis of the teacher's training level and years of experience 3,481
pursuant to section 3317.13 of the Revised Code, plus fifteen per 3,482
cent of that minimum salary amount, plus two thousand six hundred 3,483
seventy-eight dollars. 3,484
(2) Beginning with fiscal year 2000, an amount for each 3,486
school district for programs for gifted students calculated under 3,488
the following formula:
[.10 (formula ADM) 3,490
multiplied by .10 (formula amount)< 3,491
No money shall be distributed to a school district under 3,493
division (Q)(2) of this section in any fiscal year unless the 3,495
superintendent has on file by the first day of that year a 3,496
district plan specifying the manner in which funds will be 3,497
utilized to serve gifted students and the method for selecting 3,498
students to participate in gifted programs and activities. 3,499
(3) Prior to October 1, 1998, the THE general assembly 3,502
shall INTENDS TO begin a review and revision of the funding 3,503
79
formula for gifted education services IN 1999. The analysis and 3,504
any resulting calculations shall be based upon a rational 3,506
methodology for calculating the cost of adequate gifted education 3,507
services. The analysis shall use data generated by a study
funded through the department of education. 3,508
(R)(Q) An amount to each institution defined under section 3,511
3317.082 of the Revised Code providing elementary or secondary 3,513
education to children other than children receiving special 3,514
education under section 3323.091 of the Revised Code. This 3,515
amount for any institution in any fiscal year shall equal the 3,516
total of all tuition amounts required to be paid to the 3,517
institution under division (A)(1) of section 3317.082 of the 3,519
Revised Code.
The state board of education or any other board of 3,521
education or governing board may provide for any resident of a 3,522
district or educational service center territory any educational 3,524
service for which funds are made available to the board by the 3,525
United States under the authority of public law, whether such 3,526
funds come directly or indirectly from the United States or any 3,527
agency or department thereof or through the state or any agency, 3,528
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 3,538
(1) "DPIA PERCENTAGE" MEANS THE QUOTIENT OBTAINED BY 3,541
DIVIDING THE FIVE-YEAR AVERAGE NUMBER OF CHILDREN AGES FIVE TO 3,542
SEVENTEEN RESIDING IN THE SCHOOL DISTRICT AND LIVING IN A FAMILY 3,543
RECEIVING FAMILY ASSISTANCE, AS CERTIFIED OR ADJUSTED UNDER 3,544
SECTION 3317.10 OF THE REVISED CODE, BY THE DISTRICT'S THREE-YEAR 3,547
AVERAGE FORMULA ADM.
(2) "FAMILY ASSISTANCE" MEANS ASSISTANCE RECEIVED UNDER 3,549
THE OHIO WORKS FIRST PROGRAM OR, FOR THE PURPOSE OF DETERMINING 3,551
THE FIVE-YEAR AVERAGE NUMBER OF RECIPIENTS OF FAMILY ASSISTANCE 3,552
IN FISCAL YEARS 1999 THROUGH 2002, ASSISTANCE RECEIVED UNDER AN 3,553
ANTECEDENT PROGRAM KNOWN AS TANF OR ADC. 3,555
(3) "Statewide DPIA percentage" means the five-year 3,558
80
average of the total number of children ages five to seventeen 3,559
years residing in the state and receiving family assistance, 3,560
divided by the average of the sum of the THREE-YEAR AVERAGE 3,561
formula ADMs reported for all school districts in the state for 3,563
the current and preceding two fiscal years, provided that in 3,564
fiscal years 1999 and 2000, the department shall calculate this 3,565
three-year average utilizing district ADMs reported pursuant to 3,566
the version of division (A) of section 3317.03 of the Revised 3,568
Code in effect in fiscal years 1997 and 1998;. 3,569
(2)(4) "DPIA index" means the quotient obtained by 3,572
dividing the school district's DPIA percentage by the statewide 3,574
DPIA percentage;.
(3)(5) "Kindergarten ADM" means the number of students 3,577
reported under section 3317.03 of the Revised Code as enrolled in 3,578
kindergarten;. 3,579
(4)(6) "Kindergarten through third grade ADM" means the 3,582
sum obtained by multiplying AMOUNT CALCULATED AS FOLLOWS: 3,583
(a) MULTIPLY the kindergarten ADM by two, adding THE SUM 3,586
OF ONE PLUS THE ALL-DAY KINDERGARTEN PERCENTAGE; 3,587
(b) ADD THE KINDERGARTEN ADM TO THE PRODUCT CALCULATED 3,589
UNDER DIVISION (A)(6)(a) OF THIS SECTION; 3,590
(c) ADD TO THE SUM CALCULATED UNDER DIVISION (A)(6)(b) OF 3,593
THIS SECTION the number of students in grades one through three, 3,594
and subtracting;
(d) SUBTRACT FROM THE SUM CALCULATED UNDER DIVISION 3,597
(A)(6)(c) OF THIS SECTION the number of special education 3,598
students in grades one KINDERGARTEN through three;. 3,600
(5)(7) "Statewide average teacher salary" means 3,602
thirty-nine thousand ninety-two dollars, which includes an amount 3,603
for the value of fringe benefits;. 3,604
(6) "Statewide formula ADM" means the sum total of the 3,607
formula ADM for all school districts in the state; 3,608
(7)(8) "ALL-DAY KINDERGARTEN" MEANS A KINDERGARTEN CLASS 3,611
THAT IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN THE SAME 3,612
81
NUMBER OF CLOCK HOURS EACH DAY AS FOR PUPILS IN GRADES ONE 3,613
THROUGH SIX.
(9) "All-day kindergarten percentage" means the percentage 3,615
of a district's actual total number of students enrolled in 3,617
kindergarten who are ENROLLED in classes that are in session five 3,619
days per week for not less than the same number of clock hours 3,620
each day as for pupils in grades one through six; ALL-DAY
KINDERGARTEN. 3,621
(8)(10) "Buildings with the highest concentration of need" 3,623
means the school buildings in a district with percentages of 3,625
students receiving family assistance in grades kindergarten 3,626
through three at least as high as the district-wide percentage of 3,627
students receiving family assistance. IF, HOWEVER, THE 3,628
INFORMATION PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES UNDER 3,629
SECTION 3317.10 OF THE REVISED CODE IS INSUFFICIENT TO DETERMINE 3,632
THE FAMILY ASSISTANCE PERCENTAGE IN EACH BUILDING, "BUILDINGS 3,633
WITH THE HIGHEST CONCENTRATION OF NEED" HAS THE MEANING GIVEN IN 3,634
RULES THAT THE DEPARTMENT OF EDUCATION SHALL ADOPT. THE RULES 3,635
SHALL BASE THE DEFINITION OF "BUILDINGS WITH THE HIGHEST 3,636
CONCENTRATION OF NEED" ON FAMILY INCOME OF STUDENTS IN GRADES 3,637
KINDERGARTEN THROUGH THREE IN A MANNER THAT, TO THE EXTENT
POSSIBLE WITH AVAILABLE DATA, APPROXIMATES THE INTENT OF THIS 3,638
DIVISION AND DIVISION (G) OF THIS SECTION TO DESIGNATE BUILDINGS 3,640
WHERE THE FAMILY ASSISTANCE PERCENTAGE IN THOSE GRADES EQUALS OR 3,641
EXCEEDS THE DISTRICT-WIDE FAMILY ASSISTANCE PERCENTAGE. 3,642
(B) In addition to the amounts required to be paid to a 3,645
school district under section 3317.022 of the Revised Code, a 3,646
school district shall receive the greater of the amount the 3,647
district received in fiscal year 1998 pursuant to division (B) of 3,648
section 3317.023 of the Revised Code as it existed at that time 3,650
or the amount of the sum of the following computations made under 3,652
divisions (C) to (E) of this section. 3,653
(C) A supplemental payment that may be utilized for 3,655
measures related to safety and security and for remediation or 3,656
82
similar programs, calculated as follows: 3,657
(1) If the DPIA index of the school district is greater 3,660
than or equal to thirty-five-hundredths, but less than one, an 3,661
amount obtained by multiplying the five-year average number of 3,662
pupils in a district receiving family assistance by two hundred 3,663
thirty dollars; 3,664
(2) If the DPIA index of the school district is greater 3,667
than or equal to one, an amount obtained by multiplying the DPIA 3,669
index by two hundred thirty dollars and multiplying that product 3,670
by the five-year average number of pupils in a district receiving 3,671
family assistance. 3,672
(D) A payment for all-day kindergarten if the DPIA index 3,675
of the school district is greater than or equal to one or if the 3,676
district's three-year average formula ADM exceeded seventeen 3,677
thousand five hundred, calculated by multiplying the all-day 3,678
kindergarten percentage by the kindergarten ADM and multiplying 3,679
that product by the formula amount. 3,680
(E) A class-size reduction payment based on calculating 3,683
the number of new teachers necessary to achieve a lower 3,684
student-teacher ratio, as follows: 3,685
(1) Determine or calculate a formula number of teachers 3,687
per one thousand students based on the DPIA index of the school 3,689
district as follows: 3,690
(a) If the DPIA index of the school district is less than 3,693
six-tenths, the formula number of teachers is 43.478, which is 3,694
the number of teachers per one thousand students at a 3,695
student-teacher ratio of twenty-three to one; 3,696
(b) If the DPIA index of the school district is greater 3,699
than or equal to six-tenths, but less than two and one-half, the 3,700
formula number of teachers is calculated as follows: 3,701
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 3,703
Where 43.478 is the number of teachers per one thousand 3,705
students at a student-teacher ratio of twenty-three to one; 1.9 3,706
is the interval from a DPIA index of six-tenths to a DPIA index 3,709
83
of two and one-half; and 23.188 is the difference in the number 3,710
of teachers per one thousand students at a student-teacher ratio 3,711
of fifteen to one and the number of teachers per one thousand 3,712
students at a student-teacher ratio of twenty-three to one. 3,714
(c) If the DPIA index of the school district is greater 3,717
than or equal to two and one-half, the formula number of teachers 3,718
is 66.667, which is the number of teachers per one thousand 3,719
students at a student-teacher ratio of fifteen to one. 3,720
(2) Multiply the formula number of teachers determined or 3,722
calculated in division (E)(1) of this section by the kindergarten 3,725
through third grade ADM for the district and divide that product 3,727
by one thousand;
(3) Calculate the number of new teachers as follows: 3,730
(a) Multiply the kindergarten through third grade ADM by 3,733
43.478, which is the number of teachers per one thousand students 3,734
at a student-teacher ratio of twenty-three to one, and divide 3,735
that product by one thousand; 3,736
(b) Subtract the quotient obtained in division (E)(3)(a) 3,739
of this section from the product in division (E)(2) of this 3,741
section.
(4) Multiply the greater of the difference obtained under 3,743
division (E)(3) of this section or zero by the statewide average 3,745
teachers salary.
(F) This division applies only to school districts whose 3,747
DPIA index is one or greater. 3,748
(1) Each school district subject to this division shall 3,750
first utilize funds received under this section SO THAT, WHEN 3,751
COMBINED WITH OTHER FUNDS OF THE DISTRICT, SUFFICIENT FUNDS EXIST 3,752
to provide all-day kindergarten to at least the number of 3,753
children in the district's all-day kindergarten percentage. 3,754
(2) Up to an amount equal to the district's DPIA index 3,756
multiplied by the five-year average number of pupils in a 3,757
district receiving family assistance multiplied by two hundred 3,758
thirty dollars of the money distributed under this section may be 3,760
84
utilized for one or both of the following: 3,761
(a) Programs designed to ensure that schools are free of 3,764
drugs and violence and have a disciplined environment conducive 3,765
to learning;
(b) Remediation for students who have failed or are in 3,768
danger of failing any of the proficiency tests administered 3,769
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 3,771
section, all other funds distributed UNDER THIS SECTION to 3,772
districts subject to this division under this section shall be 3,775
utilized for the purpose of the third grade guarantee. The third 3,776
grade guarantee consists of increasing the amount of 3,778
instructional attention received per pupil in kindergarten 3,779
through third grade, either by reducing the ratio of students to 3,780
instructional personnel or by increasing the amount of 3,781
instruction and curriculum-related activities by extending the 3,782
length of the school day or the school year. 3,783
School districts may implement a reduction of the ratio of 3,785
students to instructional personnel through any or all of the 3,786
following methods: 3,787
(a) Reducing the number of students in a classroom taught 3,790
by a single teacher;
(b) Employing full-time educational aides or educational 3,793
paraprofessionals issued a permit or license under section 3,794
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 3,797
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 3,799
the amount of time allocated for each class, increasing the 3,800
number of classes provided per day, offering optional 3,801
academic-related after-school programs, providing 3,802
curriculum-related extra curricular activities, or establishing 3,803
tutoring or remedial services for students who have demonstrated 3,804
an educational need. In accordance with section 3319.089 of the 3,805
85
Revised Code, a district extending the school day pursuant to 3,806
this division may utilize a participant of the work experience 3,807
program who has a child enrolled in a public school in that 3,808
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 3,809
work experience program participant is compensated, the school 3,810
district may use the funds distributed under this section for all 3,811
or part of the compensation.
Districts may extend the school year either through adding 3,814
regular days of instruction to the school calendar or by 3,815
providing summer programs. 3,816
(G) Each district subject to division (F) of this section 3,819
shall not expend any funds received under division (E) of this 3,820
section in any school buildings that are not buildings with the 3,821
highest concentration of need, unless there is a ratio of 3,822
instructional personnel to students of no more than fifteen to 3,824
one in each kindergarten and first grade class in all buildings 3,825
with the highest concentration of need. THIS DIVISION DOES NOT 3,827
REQUIRE THAT THE FUNDS USED IN BUILDINGS WITH THE HIGHEST 3,828
CONCENTRATION OF NEED BE SPENT SOLELY TO REDUCE THE RATIO OF 3,829
INSTRUCTIONAL PERSONNEL TO STUDENTS IN KINDERGARTEN AND FIRST 3,830
GRADE. A SCHOOL DISTRICT MAY SPEND THE FUNDS IN THOSE BUILDINGS 3,831
IN ANY MANNER PERMITTED BY DIVISION (F)(3) OF THIS SECTION, BUT 3,832
MAY NOT SPEND THE MONEY IN OTHER BUILDINGS UNLESS THE 3,833
FIFTEEN-TO-ONE RATIO REQUIRED BY THIS DIVISION IS ATTAINED. 3,834
(H)(1) By the first day of August of each fiscal year, 3,836
each school district wishing to receive any funds under division 3,838
(D) of this section shall certify SUBMIT to the department of 3,839
education AN ESTIMATE OF its all-day kindergarten percentage. 3,841
EACH DISTRICT SHALL UPDATE ITS ESTIMATE THROUGHOUT THE FISCAL 3,843
YEAR IN THE FORM AND MANNER REQUIRED BY THE DEPARTMENT, AND THE 3,844
DEPARTMENT SHALL ADJUST PAYMENTS UNDER THIS SECTION TO REFLECT 3,845
THE UPDATES.
(2) Annually by the end of December, the department of 3,847
86
education, utilizing data from the information system established 3,849
under section 3301.0714 of the Revised Code and after 3,850
consultation with the legislative office of education oversight, 3,851
shall determine for each school district subject to division (F) 3,852
of this section whether in the preceding fiscal year the 3,853
district's ratio of instructional personnel to students; and its 3,854
number of kindergarten students receiving all-day kindergarten 3,855
appear reasonable, given the amounts of money the district 3,856
received for that fiscal year pursuant to divisions (D) and (E) 3,858
of this section. If the department is unable to verify from the 3,859
data available that students are receiving reasonable amounts of 3,860
instructional attention and all-day kindergarten, given the funds 3,861
the district has received under this section and that class-size 3,863
reduction funds are being used in school buildings with the 3,864
highest concentration of need as required by division (G) of this 3,866
section, the department shall conduct a more intensive 3,868
investigation to ensure that funds have been expended as required 3,869
by this section. The department shall file an annual report of 3,870
its findings under this division with the chairpersons of the 3,871
committees in each house of the general assembly dealing with 3,872
finance and education.
(I) Any school district with a DPIA index less than one 3,874
AND A THREE-YEAR AVERAGE FORMULA ADM EXCEEDING SEVENTEEN THOUSAND 3,877
FIVE HUNDRED SHALL FIRST UTILIZE FUNDS RECEIVED UNDER THIS 3,878
SECTION SO THAT, WHEN COMBINED WITH OTHER FUNDS OF THE DISTRICT,
SUFFICIENT FUNDS EXIST TO PROVIDE ALL-DAY KINDERGARTEN TO AT 3,879
LEAST THE NUMBER OF CHILDREN IN THE DISTRICT'S ALL-DAY 3,880
KINDERGARTEN PERCENTAGE. SUCH A DISTRICT SHALL EXPEND AT LEAST 3,881
SEVENTY PER CENT OF THE REMAINING FUNDS RECEIVED UNDER THIS 3,882
SECTION, AND ANY OTHER DISTRICT WITH A DPIA INDEX LESS THAN ONE 3,884
shall expend at least seventy per cent of the ALL funds received 3,886
under this section, for any of the following purposes: 3,889
(1) The purchase of technology for instructional purposes; 3,892
(2) All-day kindergarten; 3,894
87
(3) Reduction of class sizes; 3,896
(4) Summer school remediation; 3,898
(5) Dropout prevention programs; 3,900
(6) Guaranteeing that all third graders are ready to 3,903
progress to more advanced work;
(7) Summer education and work programs; 3,905
(8) Adolescent pregnancy programs; 3,907
(9) Head start or preschool programs; 3,909
(10) Reading improvement programs described by the 3,912
department of education;
(11) Programs designed to ensure that schools are free of 3,915
drugs and violence and have a disciplined environment conducive 3,916
to learning;
(12) Furnishing, free of charge, materials used in courses 3,919
of instruction, except for the necessary textbooks required to be 3,920
furnished without charge pursuant to section 3329.06 of the 3,921
Revised Code, to pupils living in families participating in Ohio 3,922
works first in accordance with section 3313.642 of the Revised 3,923
Code; 3,924
(13) School breakfasts provided pursuant to section 3,926
3313.813 of the Revised Code. 3,928
Each district shall submit to the department, in such 3,930
format and at such time as the department shall specify, a report 3,931
on the programs for which it expended funds under this division. 3,932
(J) If at any time the superintendent of public 3,934
instruction determines that a school district has used the 3,935
RECEIVING funds received under division (D) of this section for 3,937
any purpose other than to provide all-day kindergarten as 3,938
required under this section, or if the superintendent determines 3,939
that a school district has enrolled less than the all-day 3,940
kindergarten percentage reported for that fiscal year, the 3,941
superintendent shall withhold from the funds otherwise due a THE 3,942
district under this section the amount of the funds spent in 3,943
violation of this section or a proportional amount of the funds 3,945
88
as determined by the difference in the certified all-day
kindergarten percentage and the percentage actually enrolled in 3,946
all-day kindergarten. 3,947
The superintendent shall also withhold an appropriate 3,949
amount of funds otherwise due a district for any other misuse of 3,950
funds not in accordance with this section. 3,951
Sec. 3317.0212. Divisions (B) and (C) of this section do 3,960
not apply to a school district with a formula ADM of one humdred 3,962
HUNDRED fifty or less.
(A) As used in this section: 3,964
(1) "Fundamental FY 1997 STATE AID" OR "FUNDAMENTAL FY 3,967
1998 state aid" for a district means the total amount of state 3,968
money received by the district under sections 3317.022 and 3,969
3317.023 of the Revised Code before any deductions required by 3,971
division (G), (J), (K), or (L) of section 3317.023 of the Revised 3,973
Code, plus any amounts for which the district was eligible 3,974
pursuant to divisions (M), (N), and (O) of section 3317.024 and 3,975
sections 3317.0212 and 3317.0213 of the Revised Code, as those 3,977
divisions and sections existed in fiscal year 1998, plus the 3,978
district's share of state funds for service center units IN THE 3,980
APPLICABLE FISCAL YEAR AS REPORTED ON THE DEPARTMENT OF 3,981
EDUCATION'S FORM "SF-12," ADJUSTED AS FOLLOWS: 3,983
(a) MINUS THE AMOUNT FOR TRANSPORTATION; 3,985
(b) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 3,988
UNITS;
(c) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 3,991
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 3,993
REVISED CODE; 3,994
(d) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 3,996
EDUCATIONAL SERVICE CENTER; 3,997
(e) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 3,999
DISTRIBUTED IN THE APPLICABLE FISCAL YEAR TO OTHER SCHOOL 4,000
DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, 4,001
OTHER THAN PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, 4,002
89
ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO 4,004
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;
(f) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 4,006
DISTRIBUTED TO THE SCHOOL DISTRICT IN THE APPLICABLE FISCAL YEAR 4,007
FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR 4,008
GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING 4,009
SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN 4,010
ANOTHER SCHOOL DISTRICT; 4,011
(g) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 4,014
FISCAL YEAR PURSUANT TO THE VOCATIONAL EDUCATION RECOMPUTATION 4,015
REQUIRED BY SECTION 45.12 OF AM. SUB. H.B. NO. 117 OF THE 121st 4,021
GENERAL ASSEMBLY OR FORMER SECTION 50.22 OF AM. SUB. H.B. NO. 215 4,026
OF THE 122nd GENERAL ASSEMBLY; 4,027
(h) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 4,030
FISCAL YEAR PURSUANT TO THE SPECIAL EDUCATION RECOMPUTATION 4,031
REQUIRED BY FORMER DIVISION (I) OF SECTION 3317.023 OF THE 4,033
REVISED CODE; 4,034
(i) PLUS ANY AMOUNT PAID FOR EQUITY AID IN THE APPLICABLE 4,037
FISCAL YEAR UNDER SECTION 3317.0213 OF THE REVISED CODE. 4,039
(2) "Enhanced FY 1998 state aid" for a district means its 4,042
fundamental FY 1998 state aid plus any amounts for which the 4,043
district was eligible pursuant to division (K) of section 4,045
3317.024 of the Revised Code, as that division existed in fiscal 4,046
year 1998. 4,047
(3) "State basic aid" for a district in any fiscal year 4,049
after FISCAL YEAR 1998 means the SUM OF THE FOLLOWING: 4,051
(a) THE amount computed for the district for basic formula 4,053
aid and special education aid FUNDING under divisions (A) and 4,056
(C)(1) of section 3317.022 AND SECTIONS 3317.025 TO 3317.028 of 4,057
the Revised Code and DPIA aid under section 3317.029 of the 4,059
Revised Code in the current fiscal year but after BEFORE any 4,060
deduction OR CREDIT required by division (B), (D), (E), (F), (G), 4,062
(H), (I), (J), OR (K) of section 3317.023 OR DIVISION (J) OF 4,063
SECTION 3317.029 of the Revised Code, plus any; 4,065
90
(b) ANY amounts for which the district is eligible 4,068
pursuant to DIVISION (C) OF SECTION 3317.023, divisions (G) and 4,070
(Q)(P) of section 3317.024, AND DIVISION (B) OF SECTION 3317.162 4,071
of the Revised Code, plus any amounts; 4,072
(c) ANY EQUITY AID for which the district is eligible 4,075
under section 3317.0213 of the Revised Code.
(4) "FY 1998 ADM" for a district means the district's 4,079
average daily membership as described by division (A) of section 4,080
3317.02 of the Revised Code, for fiscal year 1998, plus the 4,082
district's average daily membership based upon full-time
equivalency in approved vocational units as certified by the 4,084
district in fiscal year 1998 under division (A)(2) of section 4,086
3317.03 of the Revised Code and the district's average daily 4,088
membership of all handicapped children, except for preschool
handicapped children, in classes in the district as certified in 4,089
fiscal year 1998 under division (A)(3) of section 3317.03 of the 4,091
Revised Code, as those divisions and sections existed in fiscal 4,092
year 1998.
(5) "District's share of state funds for service center 4,094
units" means an estimated portion of the state money distributed 4,095
to educational service centers for approved units in fiscal year 4,096
1998 attributable to the costs of providing services in such 4,097
units to students, other than preschool handicapped students, 4,098
residing in the district.
(6) "Fundamental FY 1997 state aid" for a district means 4,100
the total amount of state money received by the district under 4,102
sections 3317.022 and 3317.023 of the Revised Code before any 4,103
deductions required by division (G), (J), (K), or (L) of section 4,104
3317.023 of the Revised Code, plus any amounts for which the 4,105
district was eligible pursuant to divisions (M), (N), and (O) of 4,106
section 3317.024 and sections 3317.0212 and 3317.0213 of the 4,107
Revised Code, as those divisions and sections existed in fiscal 4,109
year 1997, plus the district's share of state funds for service
center units. 4,110
91
(B) UPON REQUEST OF THE DEPARTMENT OF EDUCATION, THE 4,112
TREASURER OF ANY SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER 4,113
SHALL FURNISH DATA NEEDED TO CALCULATE THE AMOUNTS SPECIFIED IN 4,114
DIVISIONS (A)(1)(e) AND (f) OF THIS SECTION. The department of 4,115
education shall compute the state basic aid guarantee for each 4,117
school district for the fiscal year as follows: 4,118
(1) Subtract the amount of state basic aid from the amount 4,121
of fundamental FY 1998 state aid. If a negative number, this 4,122
computation shall be deemed to be zero;. 4,123
(2) Compute the following amounts: 4,125
(a) Formula ADM X (state basic aid/formula ADM); 4,128
(b) Formula THE GREATER OF FORMULA ADM OR THREE-YEAR 4,130
AVERAGE FORMULA ADM X (fundamental FY 1998 state aid/FY 1998 4,133
ADM).
(3) If the amount computed under division (B)(2)(b) of 4,136
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 4,138
greater. If the amount computed under division (B)(2)(b) of this 4,139
section is not greater than the amount computed under division 4,140
(B)(2)(a) of this section, this computation shall be deemed to be 4,141
zero.
(4) Except as provided in division (C) of this section, 4,144
the department shall determine for each district the lesser of 4,145
the amounts computed in divisions (B)(1) and (2)(3) of this 4,147
section and, if greater than zero, pay the district that amount. 4,149
(C)(1) In fiscal year 1999, if a district's amount under 4,152
division (B)(4) of this section is zero, the department shall 4,153
determine CALCULATE for each such district the following: 4,155
(2) Add to SUM OF the district's state basic aid for 4,157
fiscal year 1999 the sum of PLUS the transportation portion of 4,159
state aid computed under division (D) of section 3317.022 of the 4,162
Revised Code for the district for fiscal year 1999; 4,163
(3). If a district's enhanced FY 1998 state aid is greater 4,166
than the district's amount calculated in division (C)(2) of this 4,168
92
section THAT SUM, then the department shall pay the district IN 4,169
FISCAL YEAR 1999 one hundred per cent of the difference OR THE 4,170
AMOUNT REQUIRED BY DIVISION (B)(4) OF THIS SECTION, WHICHEVER IS 4,171
GREATER.
(D)(1) The state basic aid guarantee in any fiscal year 4,173
for a school district with a formula ADM of one hundred fifty or 4,174
less shall be the greatest of the following amounts: 4,175
(a) The district's state basic aid for the fiscal year; 4,177
(b) The district's fundamental FY 1998 state aid; 4,179
(c) The district's fundamental FY 1997 state aid; 4,181
(2) If in any fiscal year the state basic aid for a school 4,183
district with a formula ADM of one hundred fifty or less is less 4,184
than the guarantee amount determined for the district under 4,185
division (D)(1) of this section, the department of education 4,186
shall pay the district the amount of the difference. 4,187
Sec. 3317.0213. No money shall be distributed under this 4,196
section after fiscal year 2001. 4,197
(A) As used in this section: 4,199
(1) "ADM" for any school district means: 4,201
(a) In fiscal year 1999, the average daily membership 4,204
reported in fiscal year 1998 under division (A) of section 4,205
3317.03 of the Revised Code as that section existed in fiscal 4,206
year 1998, less one-half of the kindergarten students, less 4,207
three-quarters of the students enrolled in a joint vocational 4,208
school district, and less any students enrolled in preschool 4,209
handicapped units approved under division (E) of section 3317.05 4,210
of the Revised Code, as that section existed in fiscal year FY 4,212
1998 ADM;
(b) In fiscal years 2000 and 2001, the formula ADM 4,214
reported for the previous fiscal year. 4,215
(2) "Average taxable value" means the average of the 4,218
amounts certified for a district in the second, third, and fourth 4,219
preceding fiscal years under divisions (A)(1) and (2) of section 4,220
3317.021 of the Revised Code.
93
(3)(a) "Valuation per pupil" for a district in MEANS: 4,222
(a) IN fiscal year 1999 means, the district's average 4,226
taxable value, divided by the district's average daily membership 4,228
for fiscal year 1998, as described in division (A)(1)(a) of this 4,229
section. FY 1998 ADM; 4,230
(b) "Valuation per pupil" for a district in IN a fiscal 4,232
year that occurs after fiscal year 1999 means, the district's 4,233
average taxable value, divided by the district's formula ADM for 4,236
the preceding fiscal year.
(4) "Threshold valuation" means: 4,238
(a) In fiscal year 1999, the adjusted valuation per pupil 4,241
of the school district with the two hundred twenty-ninth lowest 4,242
adjusted valuation per pupil in the state, according to data 4,244
available at the time of the computation under division (B) of 4,245
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 4,247
of the district with the one hundred sixty-third lowest such 4,249
valuation in the state;
(c) In fiscal year 2001, the adjusted valuation per pupil 4,251
of the district with the one hundred eighteenth lowest such 4,252
valuation in the state. 4,253
(5) "Adjusted valuation per pupil" for a district means an 4,255
amount calculated in accordance with the following formula: 4,256
The district's valuation per pupil - 4,258
($30,000 X (one minus the district's income factor)) 4,259
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 4,261
fiscal year 2000, and .010 in fiscal year 2001. 4,262
(B) Beginning in fiscal year 1993, during August of each 4,264
fiscal year, the department of education shall distribute to each 4,265
school district meeting the requirements of section 3317.01 of 4,266
the Revised Code whose adjusted valuation per pupil is less than 4,267
the threshold valuation, an amount calculated in accordance with 4,268
the following formula: 4,269
(The threshold valuation - the district's 4,271
94
adjusted valuation per pupil) 4,272
X millage rate X ADM 4,273
Sec. 3317.0214. As used in this section, "average taxable 4,283
value" has the same meaning as in division (A)(2) of section 4,285
3317.0213 of the Revised Code.
Beginning in fiscal year 1993, during each August, the 4,287
department of education ANNUALLY shall distribute to each school 4,288
district with a formula ADM less than one thousand and an average 4,290
taxable value equal to or less than eighty-five thousand dollars 4,291
per pupil in formula ADM, an amount equal to fifty dollars 4,293
multiplied by any amount by which one thousand exceeds the 4,294
district's formula ADM. 4,295
Sec. 3317.0215. (A) As used in this section, "total: 4,304
(1) "TOTAL effective operating tax rate" has MEANS the 4,307
same meaning as in AMOUNT CERTIFIED UNDER DIVISION (A)(5) OF 4,308
section 3317.021 of the Revised Code, and "equalized. 4,310
(2) "EQUALIZED tax rate" of a school district means the 4,313
amount by which a district's total effective operating tax rate
exceeds two and three-tenths per cent. 4,314
(3) "STATE TAXABLE VALUE PER PUPIL" MEANS THE QUOTIENT 4,317
OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF ALL CITY, LOCAL, 4,318
AND EXEMPTED VILLAGE SCHOOL DISTRICTS IN THE STATE BY THE SUM OF 4,319
THE FORMULA ADMs OF ALL CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 4,320
DISTRICTS IN THE STATE. 4,321
(4) "DISTRICT'S TAXABLE VALUE PER PUPIL" MEANS THE 4,323
QUOTIENT OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF THE 4,324
SCHOOL DISTRICT BY ITS FORMULA ADM. 4,325
(B) Upon receiving the certifications under division (A) 4,328
of section 3317.021 of the Revised Code, the department of 4,329
education shall determine the equalized tax rate for each city, 4,330
local, and exempted village school district. If the total 4,331
effective operating tax rate of a district is greater than two 4,332
and three-tenths per cent, the district shall receive a payment 4,333
computed by multiplying the lesser of two-tenths of one per cent 4,334
95
or the equalized tax rate by the amount by which the state 4,335
taxable value per pupil exceeds the district's total taxable 4,337
value per pupil TIMES THE DISTRICT'S FORMULA ADM. 4,338
Sec. 3317.0216. (A) As used in this section: 4,347
(1) "Total taxes charged and payable for current expenses" 4,350
means the sum of the taxes charged and payable as certified under 4,351
division (A)(3) of section 3317.021 of the Revised Code, and the 4,353
tax liability for the preceding year under any school district 4,354
income tax levied by the district pursuant to Chapter 5748. of 4,355
the Revised Code to the extent the revenue from the income tax is 4,356
allocated or apportioned to current expenses. 4,357
(2) "State equalization enhancement payments" means any 4,359
payment made to a school district pursuant to section 3317.0215 4,360
of the Revised Code for the preceding fiscal year. 4,361
(3) "Charge-off amount" means the product obtained by 4,363
multiplying two and three-tenths per cent by adjusted total 4,364
taxable value. 4,365
(4) "Local share percentage" means a percentage equal to 4,368
one minus the state share percentage.
(5) "Total receipts available for current expenses" of a 4,371
school district means the sum of total taxes charged and payable 4,372
for current expenses and the district's state equalization
enhancement payments. 4,373
(6)(5) "Local share of special education expenses" means 4,375
the district's local share percentage X the formula amount for 4,377
the year for which the aid is calculated X the district's total 4,378
special education weight.
(7) "State share percentage" and "total special education 4,380
weight" have the same meanings AND RELATED SERVICES ADDITIONAL 4,381
WEIGHTED COSTS" HAS THE SAME MEANING as in DIVISION (C)(3) OF 4,383
section 3317.022 of the Revised Code.
(B) Upon receiving the certifications under section 4,385
3317.021 of the Revised Code, the department of education shall 4,386
determine for each city, local, and exempted village school 4,388
96
district whether the district's charge-off amount is greater than 4,389
the district's total receipts available for current expenses, and 4,390
if it is, shall pay the district the amount of the difference. A 4,391
payment shall not be made to any school district for which the 4,392
computation under division (A) of section 3317.022 of the Revised 4,393
Code equals zero. 4,394
(C)(1) If a district's charge-off amount is equal to or 4,396
greater than its total receipts available for current expenses, 4,397
the department shall, in addition to the payment required under 4,398
division (B) of this section, pay the district the amount of the 4,399
local share of special education expenses. 4,400
(2) If a district's charge-off amount is less than its 4,402
total receipts available for current expenses, the department 4,403
shall pay the district the difference between the ANY AMOUNT BY 4,404
WHICH ITS local share of special education expenses and the 4,407
amount by which the district's AND RELATED SERVICES ADDITIONAL 4,408
WEIGHTED COSTS EXCEEDS ITS total receipts available for current 4,409
expenses exceeds MINUS its charge-off amount. 4,410
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 4,420
and (C) of this section, any student enrolled in kindergarten 4,421
more than half time shall be reported as one-half student under 4,422
this section.
(A) The superintendent of each city and exempted village 4,425
school district and of each educational service center shall, for 4,426
the schools under the superintendent's supervision, certify to 4,427
the state board of education on or before the fifteenth day of 4,428
October in each year for the first full school week in October 4,429
the formula ADM, which shall consist of the average daily 4,430
membership during such week of the sum of the following: 4,431
(1) On an FTE basis, the number of students in grades 4,434
kindergarten through twelve receiving any educational services 4,435
from the district, except that the following categories of 4,436
students shall not be included in the determination: 4,437
(a) Students enrolled in adult education classes; 4,439
97
(b) Adjacent or other district students enrolled in the 4,441
district under an open enrollment policy pursuant to section 4,442
3313.98 of the Revised Code; 4,443
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 4,445
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 4,446
WHO ARE ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO 4,447
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;
(d) Students for whom tuition is payable pursuant to 4,450
sections 3317.081 and 3323.141 of the Revised Code. 4,451
(2) On an FTE basis, the number of students entitled to 4,454
attend school in the district pursuant to section 3313.64 or 4,455
3313.65 of the Revised Code, but receiving educational services 4,457
in grades kindergarten through twelve from one or more of the
following entities: 4,458
(a) A community school pursuant to Chapter 3314. of the 4,461
Revised Code or Section 50.52 of Amended Substitute House Bill 4,462
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 4,464
3313.979 of the Revised Code as described in division (I)(2)(a) 4,466
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 4,468
Code;
(d) An adjacent or other school district under an open 4,471
enrollment policy adopted pursuant to section 3313.98 of the 4,472
Revised Code; 4,473
(e) An educational service center or cooperative education 4,476
district;
(f) Another school district under a cooperative education 4,479
agreement, COMPACT, OR CONTRACT.
(3) One-fourth of the number of students enrolled both in 4,481
a joint vocational school district and in the district, but who 4,482
are not receiving regular education services in the school 4,483
district.
(B) To enable the department of education to obtain the 4,486
98
data needed to complete the calculation of payments pursuant to 4,487
this chapter, in addition to the formula ADM, each superintendent 4,489
shall report separately the following student counts: 4,490
(1) The total average daily membership in regular day 4,492
classes included in the report under division (A)(1) or (2) of 4,493
this section for kindergarten, and each of grades one through 4,494
twelve in schools under the superintendent's supervision; 4,496
(2) The average daily membership of all handicapped 4,498
preschool children included in a unit approved for the district 4,499
under section 3317.05 of the Revised Code, in accordance with 4,500
rules adopted under that section; 4,501
(3) The number of children entitled to attend school in 4,503
the district pursuant to section 3313.64 or 3313.65 of the 4,504
Revised Code who are participating in a pilot project scholarship 4,506
program established under sections 3313.974 to 3313.979 of the 4,507
Revised Code as described in division (I)(2)(a) or (b) of this 4,509
section, are enrolled in a college under Chapter 3365. of the 4,510
Revised Code, are enrolled in an adjacent or other school 4,511
district under section 3313.98 of the Revised Code, are enrolled 4,512
in a community school established under Chapter 3314. of the 4,514
Revised Code or Section 50.52 of Amended Substitute House Bill 4,515
No. 215 of the 122nd general assembly, or are participating in a 4,516
program operated by a county MR/DD board or a state institution; 4,518
(4) The number of pupils enrolled both in schools under 4,520
the superintendent's supervision and in joint vocational schools, 4,522
but who are not in regular day classes in the school district; 4,523
(5) The average daily membership of handicapped children 4,526
reported under division (A)(1) or (2) of this section receiving 4,527
category one special education services, described in division 4,528
(A) of section 3317.013 of the Revised Code; 4,529
(6) The average daily membership of handicapped children 4,531
reported under division (A)(1) or (2) of this section receiving 4,532
category two special education services, described in division 4,533
(B) of section 3317.013 of the Revised Code; 4,534
99
(7) The average daily membership of handicapped children 4,536
reported under division (A)(1) or (2) of this section identified 4,538
as having any of the handicaps specified in division (F)(3) of 4,539
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 4,541
division (A)(1) or (2) of this section enrolled in vocational 4,543
education programs or classes operated by the school district or 4,544
by another district other than a joint vocational school district
or by an educational service center; 4,545
(9) The average number of children transported by the 4,547
school district ON BOARD-OWNED OR CONTRACTOR-OWNED AND OPERATED 4,548
BUSES, reported in accordance with rules adopted by the 4,550
department of education.
(C) Except as otherwise provided in this section for 4,552
kindergarten students, the average daily membership in divisions 4,553
(B)(1) to (8) of this section shall be based upon the number of 4,555
full-time equivalent students. The state board of education 4,556
shall adopt rules defining full-time equivalent students and for 4,557
determining the average daily membership therefrom for the 4,559
purposes of divisions (A) and (B) of this section. No child 4,560
shall be counted as more than a total of one child in the sum of 4,562
the average daily memberships of a school district under division 4,563
(A) or under divisions (B)(1) to (8) of this section. Based on 4,564
the information reported under this section, the department of 4,565
education shall determine the total student count, as defined in 4,566
section 3301.011 of the Revised Code, for each school district. 4,567
(D) The superintendent of each joint vocational and 4,569
cooperative education school district shall certify to the 4,571
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable average daily 4,572
memberships for all students in the joint vocational or 4,574
cooperative education school district, also indicating the city, 4,575
local, or exempted village school district of residence for each 4,576
pupil.
100
(E) In each school of each city, local, exempted village, 4,578
joint vocational, and cooperative education school district there 4,579
shall be maintained a record of school membership, which record 4,580
shall accurately show, for each day the school is in session, the 4,581
actual membership enrolled in regular day classes. For the 4,582
purpose of determining average daily membership, the membership 4,583
figure of any school shall not include any pupils except those 4,584
pupils described by division (A) of this section. The record of 4,586
membership for each school shall be maintained in such manner 4,587
that no pupil shall be counted as in membership prior to the 4,588
actual date of entry in the school and also in such manner that 4,589
where for any cause a pupil permanently withdraws from the school 4,590
that pupil shall not be counted as in membership from and after 4,592
the date of such withdrawal. There shall not be included in the 4,593
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 4,596
a public high school;
(2) Any pupil who is not a resident of the state; 4,598
(3) Any pupil who was enrolled in the schools of the 4,601
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 4,602
not take one or more of the tests required by that section and 4,603
was not excused pursuant to division (C)(1) of that section; 4,604
(4) Any pupil who has attained the age of twenty-two 4,606
years, except for the following: 4,607
(a) Persons suffering from tuberculosis and receiving 4,609
treatment in any approved state, county, district, or municipal 4,610
tuberculosis hospital who have not graduated from the twelfth 4,611
grade of a public high school; 4,612
(b) Veterans of the armed services whose attendance was 4,614
interrupted before completing the recognized twelve-year course 4,615
of the public schools by reason of induction or enlistment in the 4,616
armed forces and who apply for reenrollment in the public school 4,617
system of their residence not later than four years after 4,618
101
termination of war or their honorable discharge. 4,619
If, however, any veteran described by division (E)(4)(b) of 4,622
this section elects to enroll in special courses organized for 4,623
veterans for whom tuition is paid under the provisions of federal 4,624
laws, or otherwise, that veteran shall not be included in average 4,626
daily membership.
Notwithstanding division (E)(3) of this section, the 4,628
membership of any school may include a pupil who did not take a 4,629
test required by section 3301.0711 of the Revised Code if the 4,630
superintendent of public instruction grants a waiver from the 4,631
requirement to take the test to the specific pupil. The 4,632
superintendent may grant such a waiver only for good cause in 4,633
accordance with rules adopted by the state board of education. 4,634
The average daily membership figure of any local, city, or 4,636
exempted village school district shall be determined by dividing 4,637
the figure representing the sum of the number of pupils enrolled 4,638
during each day the school of attendance is actually open for 4,639
instruction during the first full school week in October by the 4,641
total number of days the school was actually open for instruction 4,642
during that week. For purposes of state funding, "enrolled" 4,643
persons are only those pupils who are attending school, those who 4,644
have attended school during the current school year and are 4,645
absent for authorized reasons, and those handicapped children 4,646
currently receiving home instruction. 4,647
The average daily membership figure of any joint vocational 4,649
or cooperative education school district shall be determined in 4,650
accordance with rules adopted by the state board of education. 4,651
(F)(1) If the formula ADM for the first full school week 4,654
in February is at least three per cent greater than that 4,655
certified for the first full school week in the preceding 4,656
October, the superintendent of schools of any city or exempted 4,657
village school district or educational service center shall 4,658
certify such increase to the superintendent of public 4,659
instruction. Such certification shall be submitted no later than 4,660
102
the fifteenth day of February. For the balance of the fiscal 4,661
year, beginning with the February payments, the superintendent of 4,662
public instruction shall use the increased formula ADM in 4,664
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 4,667
event shall the superintendent use an increased membership 4,668
certified to the superintendent after the fifteenth day of 4,669
February.
(2) If during the first full school week in February the 4,671
total number of units for preschool handicapped PRESCHOOL 4,673
children that are eligible for approval under division (B) of 4,674
section 3317.05 of the Revised Code exceeds the number of such 4,675
units that have been approved for the year under such division, 4,676
the superintendent of schools of any city, exempted village, or 4,678
cooperative education school district or educational service 4,679
center shall make the certifications required by this section for 4,680
such week. If the state board of education determines additional 4,681
units can be approved for the fiscal year within any limitations 4,682
set forth in the acts appropriating moneys for the funding of 4,683
such units, the board shall approve additional units for the 4,684
fiscal year on the basis of such average daily membership. For 4,685
each unit so approved, the department of education shall pay an 4,686
amount computed in the manner prescribed in section 3317.161 or 4,688
3317.19 AND SECTION 3317.162 of the Revised Code.
(3) If during the first full school week in February the 4,690
total number of special education units that are eligible for 4,691
approval under division (D)(1) of section 3317.05 of the Revised 4,692
Code for a joint vocational school district exceeds the number of 4,693
those units that have been approved for the year under that 4,694
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 4,695
state board of education determines additional units can be 4,696
approved for the fiscal year within any limitations set forth in 4,697
the acts appropriating moneys for the funding of such units, the 4,698
103
state board shall approve additional units for the fiscal year on 4,699
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 4,700
computed in the manner prescribed by section 3317.16 of the 4,701
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 4,703
special education program pursuant to section 3323.091 of the 4,704
Revised Code shall, for the programs under such superintendent's 4,706
supervision, certify to the state board of education the average 4,707
daily membership of all handicapped children in classes or 4,708
programs approved annually by the state board of education, in 4,709
the manner prescribed by the superintendent of public 4,710
instruction.
(b) The superintendent of an institution with vocational 4,713
education units approved under division (A) of section 3317.05 of 4,714
the Revised Code shall, for the units under the superintendent's 4,716
supervision, certify to the state board of education the average 4,717
daily membership in those units, in the manner prescribed by the 4,718
superintendent of public instruction. 4,719
(2) The superintendent of each county MR/DD board that 4,721
maintains special education classes or units approved by the 4,722
state board of education pursuant to section 3317.05 of the 4,724
Revised Code shall do both of the following: 4,725
(a) Certify to the state board, in the manner prescribed 4,728
by the board, the average daily membership in classes and units 4,729
approved under division (D)(1) of section 3317.05 of the Revised 4,730
Code for each school district that has placed children in the 4,731
classes or units;
(b) Certify to the state board, in the manner prescribed 4,733
by the board, the average daily membership in preschool 4,735
handicapped units approved under division (B) of section 3317.05 4,737
of the Revised Code.
(3) If during the first full school week in February the 4,739
average daily membership of the classes or units maintained by 4,740
104
the county MR/DD board that are eligible for approval under 4,741
division (D)(1) of section 3317.05 of the Revised Code is greater 4,743
than the average daily membership for the preceding October, the 4,744
superintendent of the board shall make the certifications 4,745
required by this section for such week and, if during the first 4,747
full school week in February the average daily membership of the 4,748
units maintained by the county MR/DD board that are eligible for 4,749
approval under division (B) of section 3317.05 of the Revised 4,750
Code is greater than the average daily membership for the 4,751
preceding October, the superintendent shall certify the average 4,752
daily membership for the first full school week in February for 4,753
such units to the state board of education. If the state board 4,754
determines that additional classes or units can be approved for 4,755
the fiscal year within any limitations set forth in the acts 4,756
appropriating moneys for the funding of such classes and units, 4,757
the board shall approve and fund additional units for the fiscal 4,758
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 4,759
computed in the manner prescribed in section SECTIONS 3317.161 4,761
AND 3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 4,764
when any city, local, or exempted village school district 4,765
provides instruction for a nonresident pupil whose attendance is 4,766
unauthorized attendance as defined in section 3327.06 of the 4,767
Revised Code, that pupil's membership shall not be included in 4,768
that district's membership figure used in the calculation of that 4,769
district's formula ADM or included in the determination of any 4,770
unit approved for the district under section 3317.05 of the 4,771
Revised Code. The reporting official shall report separately the 4,772
average daily membership of all pupils whose attendance in the 4,773
district is unauthorized attendance, and the membership of each 4,774
such pupil shall be credited to the school district in which the 4,775
pupil is entitled to attend school under division (B) of section 4,776
3313.64 or section 3313.65 of the Revised Code as determined by 4,777
105
the department of education. 4,778
(I)(1) A school district admitting a scholarship student 4,780
of a pilot project district pursuant to division (C) of section 4,781
3313.976 of the Revised Code may count such student in its 4,782
average daily membership.
(2) In any year for which funds are appropriated for pilot 4,784
project scholarship programs, a school district implementing a 4,785
state-sponsored pilot project scholarship program that year 4,786
pursuant to sections 3313.974 through 3313.979 of the Revised 4,788
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 4,790
scholarship to attend kindergarten in any alternative school, as 4,791
defined in division (A)(9) of section 3313.974 of the Revised 4,792
Code;
(b) All children who were enrolled in the district in the 4,794
preceding year who are utilizing a scholarship to attend any such 4,795
alternative school. 4,796
Sec. 3317.05. (A) For the purpose of calculating payments 4,806
under sections 3317.16 and, 3317.161, AND 3317.162 of the Revised 4,808
Code, the state board of education shall determine for each joint 4,809
vocational school district and institution, by the last day of 4,810
January of each year and based on information certified under 4,811
section 3317.03 of the Revised Code, the number of vocational 4,813
education units or fractions of units approved by the state board 4,814
on the basis of standards and rules adopted by the state board. 4,815
As used in this division, "institution" means an institution 4,816
operated by a department specified in section 3323.091 of the 4,817
Revised Code and that provides vocational education programs 4,818
under the supervision of the division of vocational education of 4,819
the department of education that meet the standards and rules for 4,820
these programs, including licensure of professional staff 4,821
involved in the programs, as established by the state board of 4,822
education.
(B) For the purpose of calculating payments under sections 4,825
106
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 4,826
Code, the state board shall determine, based on information 4,828
certified under section 3317.03 of the Revised Code, the 4,829
following by the last day of January of each year for each 4,830
educational service center, for each school district, including 4,831
each cooperative education school district, for each institution 4,832
eligible for payment under section 3323.091 of the Revised Code, 4,834
and for each county MR/DD board: the number of classes operated 4,835
by the school district, service center, institution, or county 4,836
MR/DD board for handicapped preschool children, or fraction 4,838
thereof, including in the case of a district or service center 4,839
that is a funding agent, classes taught by a licensed teacher 4,840
employed by that district or service center under section
3313.841 of the Revised Code, approved annually by the state 4,841
board on the basis of standards and rules adopted by the state 4,843
board.
(C) For the purpose of calculating payments under sections 4,845
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 4,847
Code, the state board shall determine, based on information 4,848
certified under section 3317.03 of the Revised Code, the 4,850
following by the last day of January of each year for each school 4,852
district, including each cooperative education school district, 4,853
for each institution eligible for payment under section 3323.091 4,854
of the Revised Code, and for each county MR/DD board: the number 4,855
of preschool handicapped related services units for child study, 4,856
occupational, physical, or speech and hearing therapy, special 4,857
education supervisors, and special education coordinators 4,858
approved annually by the state board on the basis of standards 4,860
and rules adopted by the state board.
(D) For the purpose of calculating payments under sections 4,863
3317.16 and, 3317.161, AND 3317.162 of the Revised Code, the 4,865
state board shall determine, based on information certified under 4,866
section 3317.03 of the Revised Code, the following by the last 4,867
day of January of each year for each joint vocational school 4,868
107
district, for each institution eligible for payment under section 4,869
3323.091 of the Revised Code, and for each county MR/DD board: 4,870
(1) The number of classes operated by a joint vocational 4,872
school district, institution, or county MR/DD board for 4,874
handicapped children other than handicapped preschool children, 4,875
or fraction thereof, approved annually by the state board on the 4,877
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 4,879
other than handicapped preschool children for child study, 4,880
occupational, physical, or speech and hearing therapy, special 4,881
education supervisors, and special education coordinators 4,882
approved annually by the state board on the basis of standards 4,884
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 4,886
section shall be carried to the second decimal place. The total 4,887
number of units for school districts, service centers, and 4,889
institutions approved annually by the state board under this 4,890
section shall not exceed the number of units included in the 4,891
state board's estimate of cost for these units and appropriations 4,893
made for them by the general assembly. 4,894
In the case of units described in division (D)(1) of this 4,897
section operated by county MR/DD boards and institutions eligible 4,899
for payment under section 3323.091 of the Revised Code, the state 4,900
board shall approve only units for persons who are under age 4,901
twenty-two on the first day of the academic year, but not less 4,902
than six years of age on the thirtieth day of September of that 4,903
year, except that such a unit may include one or more children 4,904
who are under six years of age on the thirtieth day of September 4,905
if such children have been admitted to the unit pursuant to rules 4,906
of the state board. In the case of handicapped preschool units 4,907
described in division (B) of this section operated by county 4,909
MR/DD boards and institutions eligible for payment under section 4,910
3323.091 of the Revised Code, the state board shall approve only 4,911
preschool units for children who are under age six but not less 4,912
108
than age three on the thirtieth day of September of the academic 4,913
year, except that such a unit may include one or more children 4,914
who are under age three or are age six or over on the thirtieth 4,915
day of September if such children have been admitted to the unit 4,916
pursuant to rules of the state board of education. The number of 4,917
units for county MR/DD boards and institutions eligible for 4,919
payment under section 3323.091 of the Revised Code approved by 4,920
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 4,921
the general assembly. 4,922
No unit shall be approved under divisions (B) to (D) of 4,925
this section unless a plan has been submitted and approved under 4,926
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the department shall 4,928
approve units or fractions thereof for gifted children on the 4,929
basis of standards and rules adopted by the board. 4,930
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 4,939
and 3317.11 of the Revised Code, a unit funded pursuant to 4,940
division (Q)(P)(1) of section 3317.024 or division (A)(2) of 4,942
section 3317.161 of the Revised Code shall not be approved for
state funding in one school district, including any joint 4,944
vocational or cooperative education school district or any 4,945
educational service center, to the extent that such unit provides 4,946
programs in or services to another district which receives 4,947
payment pursuant to section 3317.04 of the Revised Code. 4,948
(2) Any city, local, exempted village, or cooperative 4,951
education school district or any educational service center may 4,952
combine partial unit eligibility for handicapped preschool 4,953
programs pursuant to section 3317.05 of the Revised Code, and 4,954
such combined partial units may be approved for state funding in 4,956
one school district or service center. 4,957
(B) After units have been initially approved for any 4,959
fiscal year under section 3317.05 of the Revised Code, no unit 4,961
shall be subsequently transferred from a school district or 4,963
109
educational service center to another city, exempted village, 4,964
local, joint vocational, or cooperative education school district 4,965
or educational service center or to an institution or county 4,967
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 4,968
payment pursuant to section 3317.04 of the Revised Code. 4,969
Sec. 3317.06. Moneys paid to school districts under 4,978
division (L) of section 3317.024 of the Revised Code shall be 4,980
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks as have been 4,982
approved by the superintendent of public instruction for use in 4,983
public schools in the state and to loan such textbooks to pupils 4,984
attending nonpublic schools within the district or to their 4,985
parents and to hire clerical personnel to administer such lending 4,986
program. Such loans shall be based upon individual requests 4,987
submitted by such nonpublic school pupils or parents. Such 4,988
requests shall be submitted to the school district in which the 4,989
nonpublic school is located. Such individual requests for the 4,990
loan of textbooks shall, for administrative convenience, be 4,991
submitted by the nonpublic school pupil or the pupil's parent to 4,993
the nonpublic school which shall prepare and submit collective
summaries of the individual requests to the school district. As 4,994
used in this section, "textbook" means any book or book 4,995
substitute which a pupil uses as a text or text substitute in a 4,996
particular class or program in the school the pupil regularly 4,997
attends. 4,998
(B) To provide speech and hearing diagnostic services to 5,000
pupils attending nonpublic schools within the district. Such 5,001
service shall be provided in the nonpublic school attended by the 5,002
pupil receiving the service. 5,003
(C) To provide physician, nursing, dental, and optometric 5,005
services to pupils attending nonpublic schools within the 5,006
district. Such services shall be provided in the school attended 5,007
by the nonpublic school pupil receiving the service. 5,008
110
(D) To provide diagnostic psychological services to pupils 5,010
attending nonpublic schools within the district. Such services 5,011
shall be provided in the school attended by the pupil receiving 5,012
the service. 5,013
(E) To provide therapeutic psychological and speech and 5,015
hearing services to pupils attending nonpublic schools within the 5,016
district. Such services shall be provided in the public school, 5,017
in nonpublic schools, in public centers, or in mobile units 5,018
located on or off of the nonpublic premises. If such services 5,021
are provided in the public school or in public centers, 5,022
transportation to and from such facilities shall be provided by 5,023
the school district in which the nonpublic school is located. 5,024
(F) To provide guidance and counseling services to pupils 5,026
attending nonpublic schools within the district. Such services 5,027
shall be provided in the public school, in nonpublic schools, in 5,028
pubic PUBLIC centers, or in mobile units located on or off of the 5,030
nonpublic premises. If such services are provided in the public 5,031
school or in public centers, transportation to and from such 5,032
facilities shall be provided by the school district in which the 5,033
nonpublic school is located.
(G) To provide remedial services to pupils attending 5,035
nonpublic schools within the district. Such services shall be 5,036
provided in the public school, in nonpublic schools, in public 5,037
centers, or in mobile units located on or off of the nonpublic 5,038
premises. If such services are provided in the public school or 5,040
in public centers, transportation to and from such facilities 5,041
shall be provided by the school district in which the nonpublic 5,042
school is located.
(H) To supply for use by pupils attending nonpublic 5,044
schools within the district such standardized tests and scoring 5,045
services as are in use in the public schools of the state; 5,046
(I) To provide programs for children who attend nonpublic 5,048
schools within the district and are handicapped children as 5,049
defined in division (A) of section 3323.01 of the Revised Code or 5,050
111
gifted children. Such programs shall be provided in the public 5,051
school, in nonpublic schools, in public centers, or in mobile 5,052
units located on or off of the nonpublic premises. If such 5,055
programs are provided in the public school or in public centers, 5,056
transportation to and from such facilities shall be provided by 5,057
the school district in which the nonpublic school is located. 5,058
(J) To hire clerical personnel to assist in the 5,060
administration of programs pursuant to divisions (B), (C), (D), 5,061
(E), (F), (G), and (I) of this section and to hire supervisory 5,062
personnel to supervise the providing of services and textbooks 5,063
pursuant to this section. 5,064
(K) To purchase any secular, neutral, and nonideological 5,066
computer software, prerecorded video laserdiscs, compact discs, 5,068
and video cassette cartridges and mathematics or science 5,069
equipment and materials that are in general use in the public 5,071
schools of the state and loan such computer software, prerecorded 5,072
video laserdiscs, compact discs, and video cassette cartridges, 5,074
equipment, and materials to pupils attending nonpublic schools 5,076
within the district or to their parents, and to hire clerical 5,077
personnel to administer the lending program. Only computer 5,078
software, prerecorded video laserdiscs, compact discs, and video 5,080
cassette cartridges, equipment, and materials that are incapable 5,082
of diversion to religious use and that are susceptible of loan to 5,083
individual pupils and are furnished for the use of individual 5,084
pupils shall be purchased and loaned under this division. 5,085
(L) To purchase instructional equipment, including 5,087
computer hardware, for use by pupils attending nonpublic schools 5,089
within the district, if such usage only occurs when these pupils 5,091
are being provided the secular remedial, diagnostic, or 5,092
therapeutic services pursuant to division (B), (D), (E), (F), 5,094
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 5,097
of services pursuant to divisions (E), (F), (G), and (I) of this 5,100
section and to pay for necessary repairs and operating costs 5,101
112
associated with these units. 5,102
Clerical and supervisory personnel hired pursuant to 5,104
division (J) of this section shall perform their services in the 5,105
public schools, in nonpublic schools, public centers, or mobile 5,106
units where the services are provided to the nonpublic school 5,108
pupil, except that such personnel may accompany pupils to and 5,109
from the service sites when necessary to ensure the safety of the 5,110
children receiving the services. 5,111
Health services provided pursuant to divisions (B), (C), 5,113
(D), and (E) of this section may be provided under contract with 5,114
the department of health, city or general health districts, or 5,115
private agencies whose personnel are properly licensed by an 5,116
appropriate state board or agency. 5,117
Transportation of pupils provided pursuant to divisions 5,119
(E), (F), (G), and (I) of this section shall be provided by the 5,120
school district from its general funds and not from moneys paid 5,121
to it under division (J)(L) of section 3317.024 of the Revised 5,122
Code unless a special transportation request is submitted by the 5,123
parent of the child receiving service pursuant to such divisions. 5,124
If such an application is presented to the school district, it 5,125
may pay for the transportation from moneys paid to it under 5,126
division (J)(L) of section 3317.024 of the Revised Code. 5,127
No school district shall provide health or remedial 5,129
services to nonpublic school pupils as authorized by this section 5,130
unless such services are available to pupils attending the public 5,131
schools within the district. 5,132
Materials, equipment, computer software, textbooks, and 5,134
health and remedial services provided for the benefit of 5,135
nonpublic school pupils pursuant to this section and the 5,136
admission of pupils to such nonpublic schools shall be provided 5,137
without distinction as to race, creed, color, or national origin 5,138
of such pupils or of their teachers. 5,139
No school district shall provide services for use in 5,141
religious courses, devotional exercises, religious training, or 5,142
113
any other religious activity. 5,143
As used in this section, "parent" includes a person 5,145
standing in loco parentis to a child. 5,146
Notwithstanding section 3317.01 of the Revised Code, 5,148
payments shall be made under this section to any city, local, or 5,149
exempted village school district within which is located one or 5,150
more nonpublic elementary or high schools. 5,151
The allocation of payments for materials, equipment, 5,153
textbooks, health services, and remedial services to city, local, 5,154
and exempted village school districts shall be on the basis of 5,155
the state board of education's estimated annual average daily 5,156
membership in nonpublic elementary and high schools located in 5,157
the district. 5,158
Payments made to city, local, and exempted village school 5,160
districts under this section shall be equal to specific 5,161
appropriations made for the purpose. All interest earned by a 5,162
school district on such payments shall be used by the district 5,163
for the same purposes and in the same manner as the payments may 5,164
be used. 5,165
The department of education shall adopt guidelines and 5,167
procedures under which such programs and services shall be 5,168
provided, under which districts shall be reimbursed for 5,169
administrative costs incurred in providing such programs and 5,170
services, and under which any unexpended balance of the amounts 5,171
appropriated by the general assembly to implement this section 5,172
may be transferred to the auxiliary services personnel 5,173
unemployment compensation fund established pursuant to section 5,174
4141.47 of the Revised Code. The department shall also adopt 5,175
guidelines and procedures limiting the purchase and loan of 5,176
computer software, equipment, and materials under division (K) of 5,177
this section to items that are in general use in the public 5,178
schools of the state, that are incapable of diversion to 5,179
religious use, and that are susceptible to individual use rather 5,180
than classroom use. Within thirty days after the end of each 5,181
114
biennium, each board of education shall remit to the department 5,182
all moneys paid to it under division (J)(L) of section 3317.024 5,184
of the Revised Code and any interest earned on those moneys that
are not required to pay expenses incurred under this section 5,185
during the biennium for which the money was appropriated and 5,186
during which the interest was earned. If a board of education 5,187
subsequently determines that the remittal of moneys leaves the 5,188
board with insufficient money to pay all valid expenses incurred 5,189
under this section during the biennium for which the remitted 5,190
money was appropriated, the board may apply to the department of 5,191
education for a refund of money, not to exceed the amount of the 5,192
insufficiency. If the department determines the expenses were 5,193
lawfully incurred and would have been lawful expenditures of the 5,194
refunded money, it shall certify its determination and the amount 5,195
of the refund to be made to the administrator of the bureau of 5,196
employment services who shall make a refund as provided in 5,197
section 4141.47 of the Revised Code. 5,198
Sec. 3317.082. As used in this section, "institution" 5,207
means a residential facility that receives and cares for children 5,208
maintained by the department of youth services and that operates 5,209
a school chartered by the state board of education under section 5,210
3301.16 of the Revised Code. 5,211
(A) On or before the thirty-first day of each January and 5,213
July, the superintendent of each institution that during the 5,214
six-month period immediately preceding each January or July 5,215
provided an elementary or secondary education for any child, 5,216
other than a child receiving special education under section 5,217
3323.091 of the Revised Code, shall prepare and submit to the 5,218
department of education, a statement for each such child 5,219
indicating the child's name, any school district responsible to 5,220
pay tuition for the child as determined by the superintendent in 5,221
accordance with division (C)(2) or (3) of section 3313.64 of the 5,222
Revised Code, and the period of time during that six-month period 5,223
that the child received an elementary or secondary education. If 5,224
115
any school district is responsible to pay tuition for any such 5,225
child, the department of education, no later than the immediately 5,226
succeeding last day of February or August, as applicable, shall 5,227
calculate the amount of the tuition of the district under section 5,228
3317.08 of the Revised Code for the period of time indicated on 5,229
the statement and do one of the following: 5,230
(1) If the tuition amount is equal to or less than the 5,232
amount of state basic aid funds payable to the district under 5,233
sections 3317.022 and 3317.023 of the Revised Code, pay to the 5,234
institution submitting the statement an amount equal to the 5,235
tuition amount, as provided under division (R)(Q) of section 5,236
3317.024 of the Revised Code, and deduct the tuition amount from 5,237
the state basic aid funds payable to the district, as provided 5,238
under division (F)(2) of section 3317.023 of the Revised Code; 5,240
(2) If the tuition amount is greater than the amount of 5,242
state basic aid funds payable to the district under sections 5,243
3317.022 and 3317.023 of the Revised Code, require the district 5,244
to pay to the institution submitting the statement an amount 5,245
equal to the tuition amount. 5,246
(B) In the case of any disagreement about the school 5,248
district responsible to pay tuition for a child pursuant to this 5,249
section, the superintendent of public instruction shall make the 5,250
determination in any such case in accordance with division (C)(2) 5,251
or (3) of section 3313.64 of the Revised Code. 5,252
Sec. 3317.10. (A) On or before the first day of March of 5,259
each year, the department of human services shall certify to the 5,260
state board of education the number of children ages five through 5,261
seventeen residing in each school district and living in a family 5,262
that participated in Ohio works first under Chapter 5107. of the 5,263
Revised Code during the preceding October according to the school 5,264
district of residence for each child. Except as provided under 5,265
division (B) of this section, the number of children so certified 5,266
in any year shall be used by the department of education in 5,267
determining the DPIA ADM for purposes of calculating the 5,268
116
distribution of moneys for the ensuing fiscal year provided in 5,269
section 3317.029 of the Revised Code. 5,270
(B) Upon the transfer of part of the territory of one 5,272
school district to the territory of one or more other school 5,273
districts, the department of education may adjust the number 5,274
certified under division (A) of this section for any district 5,276
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of children 5,277
ages five through seventeen who reside in the district and live 5,278
in a family that participates in Ohio works first. Within sixty 5,279
days of receipt of a request for information from the department 5,281
of education, the department of human services shall provide any 5,282
information the department of education determines is necessary 5,283
to make such adjustments. The department of education may use 5,284
the adjusted number for any district for the applicable fiscal 5,285
year, in lieu of the number certified for the district for that 5,286
fiscal year under division (A) of this section, in the 5,287
calculation of the distribution of moneys provided in section 5,288
3317.029 of the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date 5,297
designated by the state board of education, each educational 5,298
service center governing board shall prepare a budget of 5,300
operating expenses for the ensuing year for the service center on 5,301
forms prepared and furnished by the state board of education and 5,302
shall certify the budget to the state board of education, 5,303
together with such other information as the board may require. 5,304
Such budget shall consist of two parts. Part (A) shall include 5,305
the cost of the salaries, employers retirement contributions, and 5,306
travel expenses of supervisory teachers approved by the state 5,307
board of education. The amount derived from the calculation for 5,308
such units in part (A) of the governing board budget shall be the 5,309
sum of:
(1) The sum of the minimum salaries calculated, pursuant 5,311
to section 3317.13 of the Revised Code, for each approved 5,312
117
licensed employee of the governing board; 5,313
(2) An additional salary allowance proportional to the 5,315
length of the extended term of service not to exceed three months 5,316
for each supervisory and child study teacher whose term of 5,317
service in any year is extended beyond the terms of service of 5,318
regular classroom teachers; 5,319
(3) An allowance equal to fifteen per cent of the amount 5,321
computed under division (A)(1) of this section; 5,322
(4) An allowance for necessary travel expenses, for each 5,324
of the personnel approved in part (A) of the budget, limited to 5,325
two hundred twenty-three dollars and sixteen cents per month, or 5,326
two thousand six hundred seventy-eight dollars per year per 5,327
person employed, whichever is the lesser. Part 5,328
PART (B) shall include the cost of all other lawful 5,331
expenditures of the governing board. The state board of 5,332
education shall review such budget and may approve, increase, or
decrease such budget. 5,333
The governing board shall be reimbursed by the state board 5,336
of education from state funds for the cost of part (A) of the 5,337
budget. The governing board shall be reimbursed by the state
board of education, from state funds for the cost of part (B) of 5,339
the approved budget that is in excess of six dollars and fifty 5,340
cents times the service center ADM. If the governing board 5,341
provides services to city or exempted village school districts 5,342
pursuant to section 3313.843 of the Revised Code, the governing 5,343
board shall be reimbursed from state funds for the cost of part 5,344
(B) of the budget that is in excess of six dollars and fifty 5,345
cents times the sum of the service center ADM and the formula 5,347
CLIENT ADMs of the city or exempted village districts to which 5,348
such services are provided. The cost of part (B) not in excess 5,349
of six dollars and fifty cents times the number of such ADM shall 5,350
be apportioned by the state board of education among the local 5,351
school districts in the territory of the service center, or among 5,352
all districts to which the governing board provides services, on 5,354
118
the basis of the total number of pupils in each school district. 5,355
If part (B) of the budget is in excess of that approved by 5,357
the state board of education, the excess cost shall be 5,358
apportioned by the state board of education among the local 5,359
school districts in the territory of the service center on the 5,361
basis of the total number of such pupils in each such school 5,362
district, provided that a majority of the boards of education of 5,363
such local school districts approve such apportionment. The 5,364
state board of education shall initiate and supervise the 5,365
procedure by which the local boards shall approve or disapprove 5,366
such apportionment.
The amounts so apportioned shall be certified to the 5,368
treasurers of the various school districts. In the case of each 5,369
district such amount shall be deducted by the state board of 5,370
education from funds allocated to the district pursuant to 5,371
division (E) of section 3317.023 of the Revised Code. 5,372
The state board of education shall certify to the director 5,374
of budget and management for payment the total of the deductions, 5,375
whereupon the amount shall be paid to the governing board of each 5,377
service center, to be deposited to the credit of a separate fund, 5,379
hereby created, to be known as the educational service center 5,380
governing board fund.
An educational service center may provide special education 5,383
to students in its local districts or in client districts. A 5,384
service center is eligible for funding under division (J) of 5,386
section 3317.024 of the Revised Code and eligible for state 5,387
subsidies for the purchase of school buses under section 3317.07 5,388
of the Revised Code. Special education units for gifted children 5,390
may be operated by a governing board. Vocational education may
be provided by a governing board. A governing board may conduct 5,392
driver education for pupils enrolled in a high school for which 5,393
the state board of education prescribes minimum standards and 5,394
which is eligible for funding under division (I) of section 5,395
3317.024 of the Revised Code.
119
Every local school district shall be provided supervisory 5,397
services by its governing board as approved by the state board of 5,400
education. A city or exempted village school district shall be 5,401
considered to be provided supervisory services by a governing 5,402
board if it has entered into an agreement for the governing board 5,403
to provide any services under section 3313.843 of the Revised 5,404
Code. Supervisory services shall not exceed one supervisory 5,406
teacher for the first fifty classroom teachers employed in all 5,407
districts that are provided supervisory services calculated under 5,408
section 3317.023 of the Revised Code and one supervisory teacher 5,409
for every additional one hundred such classroom teachers so 5,410
calculated. Reimbursement for such supervisory services shall be 5,411
a deduction by the state board of education from the payment to 5,412
the school district pursuant to division (E) of section 3317.023 5,413
of the Revised Code. Deductions for all supervisory services and 5,414
extended services for supervisory and child study shall be 5,415
apportioned among local school districts within the territory of 5,416
the service center and any city or exempted village districts 5,417
that have entered into agreements with a service center pursuant 5,418
to section 3313.843 of the Revised Code by the state board of 5,419
education on the basis of the total number of pupils in each 5,420
school district, except that where such services are provided to 5,421
districts other than local school districts within the service 5,423
center territory and city or exempted village districts having
agreements with the service center, such charges shall be 5,424
apportioned among all participating districts on the basis of the 5,426
total number of pupils in each school district. All deductions 5,427
from state funding to school districts required for reimbursement 5,428
of governing boards by division (E) of section 3317.023 of the 5,429
Revised Code shall be made from the total of the payment computed 5,430
FOR THE DISTRICT under sections 3317.022 and 3317.023 of the 5,432
Revised Code THIS CHAPTER, after making any other adjustments in 5,434
that payment required by law.
(B)(1) In addition to the payments made under division (A) 5,436
120
of this section, except as otherwise provided in division (C) of 5,437
this section, the department of education shall pay each 5,438
governing board, each fiscal year, an amount equal to thirty-four 5,439
dollars times the sum of the service center ADM and thirty-four 5,440
dollars times the sum of the client ADMs of all its client 5,441
districts.
(2) IN ADDITION TO OTHER PAYMENTS UNDER THIS SECTION, THE 5,443
DEPARTMENT SHALL PAY EACH EDUCATIONAL SERVICE CENTER THE AMOUNTS 5,444
DUE TO IT FROM SCHOOL DISTRICTS PURSUANT TO CONTRACTS, COMPACTS, 5,445
OR AGREEMENTS UNDER WHICH THE SERVICE CENTER FURNISHES SERVICES 5,446
TO THE DISTRICTS OR THEIR STUDENTS. IN ORDER TO RECEIVE PAYMENT 5,447
UNDER THIS DIVISION, AN EDUCATIONAL SERVICE CENTER SHALL FURNISH 5,448
EITHER A COPY OF THE APPLICABLE CONTRACT, COMPACT, OR AGREEMENT 5,449
CLEARLY INDICATING THE AMOUNTS OF THE PAYMENTS, OR A WRITTEN 5,450
STATEMENT OF THE PAYMENTS OWED SIGNED BY THE SUPERINTENDENT OR
TREASURER OF THE RESPONSIBLE SCHOOL DISTRICT. 5,451
THE AMOUNTS PAID TO SERVICE CENTERS UNDER DIVISION (B)(2) 5,453
OF THIS SECTION SHALL BE DEDUCTED FROM PAYMENTS TO SCHOOL 5,454
DISTRICTS PURSUANT TO DIVISION (K)(2) OF SECTION 3317.023 OF THE 5,456
REVISED CODE.
(C) Beginning with the fiscal year that starts July 1, 5,458
1997, in lieu of the payment specified under division (B) of this 5,460
section, each multicounty service center shall receive a payment 5,461
each fiscal year equal to one per cent times the formula amount 5,462
times the sum of the service center ADM and the client ADMs of 5,463
all its client districts.
(D) Each city, exempted village, local, joint vocational, 5,465
or cooperative education school district shall pay to the 5,467
governing board of an educational service center any amounts
agreed to for each child enrolled in the district who receives 5,468
special education and related services or vocational education 5,469
from the educational service center.
(E) As used in this section: 5,471
(1) "Service center ADM" means the total of each of the 5,474
121
following for all local school districts within the limits of an 5,475
educational service center's territory:
(a) The formula ADM; 5,477
(b) One-half of the THE kindergarten average daily 5,479
membership included in the formula ADM; 5,480
(c) Three-quarters of the number of students reported 5,482
under division (B)(4) of section 3317.03 of the Revised Code; 5,483
(d) The average daily membership of handicapped preschool 5,486
children reported under division (B)(2) of section 3317.03 of the 5,487
Revised Code;
(e) The number of preschool students certified under 5,489
division (B) of section 3317.032 of the Revised Code. 5,490
(2) "Client ADM" means the total of each number described 5,493
under divisions (E)(1)(a) to (e) of this section for a client 5,494
district.
(3) "Client district" means a city or exempted village 5,496
school district that has entered into an agreement to receive 5,497
services from a service center pursuant to section 3313.843 of 5,498
the Revised Code.
(4) "Multicounty service center" means a service center 5,500
that includes territory that formerly was included in the 5,501
territory of at least three former service centers or county 5,502
school districts, which former centers or districts engaged in 5,503
one or more mergers pursuant to section 3311.053 of the Revised 5,504
Code to form the present center.
Sec. 3317.161. As used in this section, "institution" 5,513
means an institution operated by a department specified in 5,514
section 3323.091 of the Revised Code. 5,515
(A)(1) The department of education shall pay each school 5,518
district, educational service center, institution eligible for 5,519
payment under section 3323.091 of the Revised Code, or county 5,520
mr/dd MR/DD board an amount for the total of all classroom units 5,521
for handicapped preschool children approved under division (B) of 5,522
section 3317.05 of the Revised Code. For each unit, the amount
122
shall be the sum of the minimum salary for the teacher of the 5,523
unit, calculated on the basis of the teacher's training level and 5,525
years of experience pursuant to section 3317.13 of the Revised 5,526
Code, plus fifteen per cent of that minimum salary amount, and 5,527
eight thousand twenty-three dollars.
(2) The department shall pay each school district, 5,529
educational service center, institution eligible for payment 5,530
under section 3323.091 of the Revised Code, or county MR/DD board 5,531
an amount for the total of all related services units for 5,532
handicapped preschool children approved under division (C) of 5,533
section 3317.05 of the Revised Code. For each such unit, the 5,534
amount shall be the sum of the minimum salary for the teacher of 5,535
the unit calculated on the basis of the teacher's training level 5,536
and years of experience pursuant to section 3317.13 of the 5,537
Revised Code, fifteen per cent of that minimum salary amount, and 5,538
two thousand one hundred thirty-two dollars.
(B) If a school district or educational service center has 5,541
had additional handicapped preschool units approved for the year 5,542
under division (F)(2) of section 3317.03 of the Revised Code, or 5,543
if a county MR/DD board has had additional handicapped preschool 5,544
units approved under division (G)(3) of section 3317.03 of the 5,545
Revised Code, the district, educational service center, or board 5,546
shall receive an additional amount during the last half of the 5,547
fiscal year. For each district, center, or board, the additional 5,548
amount for each unit shall equal fifty per cent of the amount 5,549
AMOUNTS computed for the unit in the manner prescribed by
division (A) of this section AND DIVISION (C) OF SECTION 3317.162 5,550
OF THE REVISED CODE. 5,551
(C)(1) The department shall pay each institution eligible 5,553
for payment under section 3323.091 of the Revised Code or county 5,555
MR/DD board an amount for the total of all special education 5,556
units approved under division (D)(1) of section 3317.05 of the 5,557
Revised Code. The amount for each unit shall be the sum of the 5,559
minimum salary for the teacher of the unit, calculated on the 5,560
123
basis of the teacher's training level and years of experience 5,561
pursuant to section 3317.13 of the Revised Code, plus fifteen per 5,562
cent of that minimum salary amount, and eight thousand 5,563
twenty-three dollars. 5,564
(2) The department shall pay each institution eligible for 5,566
payment under section 3323.091 of the Revised Code or county 5,567
MR/DD board an amount for the total of all related services units 5,568
approved under division (D)(2) of section 3317.05 of the Revised 5,569
Code. The amount for each unit shall be the sum of the minimum 5,571
salary for the teacher of the unit, calculated on the basis of 5,572
the teacher's training level and years of experience pursuant to 5,573
section 3317.13 of the Revised Code, plus fifteen per cent of 5,574
that minimum salary amount, and two thousand one hundred 5,575
thirty-two dollars. 5,576
(3) If a county MR/DD board has had additional handicapped 5,578
preschool units FOR HANDICAPPED CHILDREN OTHER THAN HANDICAPPED 5,579
PRESCHOOL CHILDREN approved under division (G)(3) of section 5,581
3317.03 of the Revised Code, the board shall receive an 5,582
additional amount during the last half of the fiscal year. For 5,583
each board, the additional amount for each unit shall equal fifty 5,584
per cent of the amount computed for the unit in the manner
prescribed by division (C)(1) of this section AND DIVISION (C) OF 5,585
SECTION 3317.162 OF THE REVISED CODE. 5,586
(D) The department shall pay each institution approved for 5,589
vocational education units under division (A) of section 3317.05 5,590
of the Revised Code an amount for the total of all the units 5,592
approved under that division. The amount for each unit shall be 5,593
the sum of the minimum salary for the teacher of the unit, 5,594
calculated on the basis of the teacher's training level and years 5,595
of experience pursuant to section 3317.13 of the Revised Code, 5,596
plus fifteen per cent of that minimum salary amount, and nine 5,597
thousand five hundred ten dollars. 5,598
Sec. 50.11 3317.162. Supplemental Unit Allowanceunder IN this heading SECTION: 5,603
124
(1) "State share PERCENTAGE" has the same meaning as in 5,605
division (B) of section 3317.022 of the Revised Code. 5,606
(2) "Dollar amount" means the amount shown in the 5,608
following table for the corresponding type of unit and the 5,609
appropriate fiscal year: 5,610
DOLLAR AMOUNT 5,612
TYPE OF UNIT FY 1999 5,613
Division (B) of R.C. SECTION 5,614
3317.05 OF THE REVISED CODE $8,334 5,615
Division (C) of R.C. 3317.05 5,616
THAT SECTION $3,234
Division (F) of R.C. 3317.05 5,617
THAT SECTION $3,550
(3) "Average unit amount" means the amount shown in the 5,620
following table for the corresponding type of unit and the 5,621
appropriate fiscal year: 5,622
AVERAGE UNIT AMOUNT 5,624
TYPE OF UNIT FY 1999 5,625
Division (B) of R.C. SECTION 5,626
3317.05 OF THE REVISED CODE $7,799 5,627
Division (C) of R.C. 3317.05 5,628
THAT SECTION $2,966
Division (F) of R.C. 3317.05 5,629
THAT SECTION $3,251
(B) In the case of each unit described in division (B), 5,632
(C), or (F) of section 3317.05 of the Revised Code and allocated 5,634
to a city, local, or exempted village school district, the 5,635
Department DEPARTMENT of Education EDUCATION, in addition to the 5,636
amounts specified in such divisions DIVISION (P)(1) OF SECTION 5,638
3317.024 AND SECTIONS 3317.16, 3317.161, AND 3317.19 OF THE
REVISED CODE, shall pay a supplemental unit allowance equal to 5,639
the sum of the following amounts: 5,640
(1) An amount equal to 50% of the average unit amount for 5,642
the unit;
125
(2) An amount equal to the percentage of the dollar amount 5,644
for the unit that equals the district's state share PERCENTAGE. 5,645
If, prior to the fifteenth day of May of a fiscal year, a 5,647
school district's aid computed under section 3317.022 of the 5,648
Revised Code is recomputed pursuant to section 3317.027 or 5,649
3317.028 of the Revised Code, the department shall also recompute 5,650
the district's entitlement to payment under this section 5,651
utilizing a new state share PERCENTAGE. Such new state share 5,652
PERCENTAGE shall be determined using the district's recomputed 5,653
basic aid amount pursuant to section 3317.027 or 3317.028 of the 5,654
Revised Code. During the last six months of the fiscal year, the 5,655
department shall pay the district a sum equal to one-half of the 5,656
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 5,657
(C)(1) In the case of each unit allocated to a joint 5,659
vocational school district or institution pursuant to division 5,660
(A) of section 3317.05 of the Revised Code, the Department 5,662
DEPARTMENT, in addition to the amount specified in section 5,663
3317.16 OR 3317.161 of the Revised Code, shall pay a supplemental 5,664
unit allowance of $7,227 in fiscal year 1999. 5,665
(2) In the case of each unit described in division (B) or 5,667
(D)(1) of section 3317.05 of the Revised Code that is allocated 5,669
to any entity other than a city, exempted village, or local 5,670
school district, the Department DEPARTMENT, in addition to the 5,671
amount specified in section 3317.161 of the Revised Code, shall
pay a supplemental unit allowance of $7,799 in fiscal year 1999. 5,672
(3) In the case of each unit described in division (C) or 5,675
(D)(2) of section 3317.05 of the Revised Code and allocated to 5,676
any entity other than a city, exempted village, or local school 5,677
district, the Department DEPARTMENT, in addition to the amounts 5,678
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $2,966 in fiscal year 1999. 5,679
(4) In the case of each unit described in division (F) of 5,682
section 3317.05 of the Revised Code and allocated to any entity 5,683
126
other than a city, exempted village, or local school district,
the Department DEPARTMENT, in addition to the amounts specified 5,684
in section 3317.161 of the Revised Code, shall pay a supplemental 5,685
unit allowance of $3,251 in fiscal year 1999. 5,686
Sec. 3317.19. (A) As used in this section, "total unit 5,695
allowance" means an amount equal to the sum of the following: 5,696
(1) The total of the salary allowances for the teachers 5,698
employed in the cooperative education school district for all 5,699
units approved under division (B) or (C) of section 3317.05 of 5,700
the Revised Code. The salary allowance for each unit shall equal 5,701
the minimum salary for the teacher of the unit calculated on the 5,702
basis of the teacher's training level and years of experience 5,703
pursuant to section 3317.13 of the Revised Code. 5,704
(2) Fifteen per cent of the total computed under division 5,707
(A)(1) of this section;
(3) The total of the unit operating allowances for all 5,709
approved units. The amount of each allowance shall equal one of 5,711
the following:
(a) Eight thousand twenty-three dollars times the number 5,713
of preschool handicapped units or fraction thereof approved for 5,714
the year under division (B) of section 3317.05 of the Revised 5,715
Code; 5,716
(b) Two thousand one hundred thirty-two dollars times the 5,718
number of units or fraction thereof approved for the year under 5,719
division (C) of section 3317.05 of the Revised Code. 5,720
(B) The state board of education shall compute and 5,722
distribute to each cooperative education school district for each 5,723
fiscal year an amount equal to the sum of the following: 5,724
(1) An amount equal to the total of the amounts credited 5,726
to the cooperative education school district pursuant to division 5,727
(K) of section 3317.023 of the Revised Code; 5,728
(2) The total unit allowance; 5,730
(3) An amount for driver education pursuant to division 5,732
(H)(I) of section 3317.024 of the Revised Code; 5,733
127
(4) An amount for assisting in providing free lunches to 5,735
needy children and an amount for assisting needy school districts 5,736
in purchasing necessary equipment for food preparation pursuant 5,737
to division (K) of section 3317.024 of the Revised Code. 5,738
(C) If a cooperative education school district has had 5,741
additional special education units approved for the year under 5,742
division (F)(2) of section 3317.03 of the Revised Code, the 5,743
district shall receive an additional amount during the last half 5,744
of the fiscal year. For each unit, the additional amount shall 5,745
equal fifty per cent of the amount computed under division (A) of 5,747
this section for a unit approved under division (B) of section 5,748
3317.05 of the Revised Code.
Sec. 3317.20. NOTWITHSTANDING SECTIONS 3317.01 TO 3317.19 5,750
OF THE REVISED CODE AND SECTION 18 OF AMENDED SUBSTITUTE HOUSE 5,755
BILL NO. 650 OF THE 122nd GENERAL ASSEMBLY, AS AMENDED, PAYMENT 5,757
TO SCHOOL DISTRICTS FOR THE COSTS OF SPECIAL EDUCATION AND 5,758
RELATED SERVICES SHALL BE CALCULATED UNDER THE PROVISIONS OF 5,759
THOSE SECTIONS, WITH THE MODIFICATIONS SPECIFIED BY THIS SECTION. 5,760
(A)(1) IN FISCAL YEAR 1999 THE DEPARTMENT OF EDUCATION 5,763
SHALL NOT APPLY THE COST-OF-DOING-BUSINESS FACTOR TO STUDENTS IN 5,764
A SCHOOL DISTRICT'S CATEGORY ONE, TWO, AND THREE SPECIAL
EDUCATION ADMs FOR PURPOSES OF THE CALCULATION UNDER DIVISION (A) 5,766
OF SECTION 3317.022 OF THE REVISED CODE, DETERMINING THE STATE 5,768
SHARE PERCENTAGE AS DEFINED IN DIVISION (B) OF THAT SECTION, AND 5,769
CALCULATING THE AMOUNT FOR RELATED SERVICES UNDER DIVISION 5,770
(C)(2)(b) OF THAT SECTION; 5,771
(2) IN FISCAL YEAR 2000, THE DEPARTMENT SHALL APPLY FIFTY 5,773
PER CENT OF THE COST-OF-DOING-BUSINESS FACTOR TO STUDENTS IN A 5,774
SCHOOL DISTRICT'S CATEGORY ONE, TWO, AND THREE SPECIAL EDUCATION 5,775
ADMs FOR PURPOSES OF THE CALCULATION UNDER DIVISION (A) OF THAT 5,776
SECTION, DETERMINING THE STATE SHARE PERCENTAGE UNDER DIVISION 5,778
(B) OF THAT SECTION, AND CALCULATING THE AMOUNT FOR RELATED 5,779
SERVICES UNDER DIVISION (C)(2)(b) OF THAT SECTION. 5,780
(B)(1) FOR PURPOSES OF DIVISION (A) OF SECTION 3317.022 OF 5,783
128
THE REVISED CODE, DETERMINING THE STATE SHARE PERCENTAGE AS 5,785
DEFINED IN DIVISION (B) OF THAT SECTION, CALCULATING THE AMOUNT 5,786
FOR RELATED SERVICES UNDER DIVISION (C)(2)(b) OF THAT SECTION, 5,788
AND DETERMINING PER PUPIL AMOUNTS UNDER SECTION 3317.0212 OF THE
REVISED CODE AND SECTION 18 OF AMENDED SUBSTITUTE HOUSE BILL 650 5,794
OF THE 122nd GENERAL ASSEMBLY, AS AMENDED, THE DEPARTMENT SHALL 5,795
ADJUST A DISTRICT'S FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM 5,797
BY MULTIPLYING THE SUM OF ITS CATEGORY TWO AND THREE SPECIAL 5,798
EDUCATION ADMs BY 1.4.
(2) FOR PURPOSES OF CALCULATING TOTAL SPECIAL EDUCATION 5,800
WEIGHT AS DEFINED IN DIVISION (B) OF SECTION 3317.022 OF THE 5,802
REVISED CODE THE DEPARTMENT SHALL USE A WEIGHT OF 2.4 FOR 5,803
STUDENTS IN CATEGORY TWO AND THREE SPECIAL EDUCATION ADMs INSTEAD 5,804
OF A WEIGHT OF 3.01.
(C)(1) AS USED IN THIS DIVISION, "SPEECH FTE" MEANS THE 5,807
NUMBER OF STUDENTS WHOSE ONLY HANDICAP OR PRIMARY HANDICAP IS A 5,808
SPEECH-LANGUAGE HANDICAP, ADJUSTED TO REFLECT THE PERCENTAGE OF 5,810
WEEKS OF THE SCHOOL YEAR THE STUDENT HAS IN EFFECT AN INDIVIDUAL 5,812
EDUCATION PLAN FOR THE HANDICAP AND RECEIVES SPEECH-LANGUAGE
SERVICES. EACH SCHOOL DISTRICT SHALL PROVIDE INFORMATION AS 5,813
REQUESTED BY THE DEPARTMENT TO DETERMINE ITS SPEECH FTE. 5,814
(2) THE DEPARTMENT SHALL ANNUALLY PAY EACH DISTRICT AN 5,816
AMOUNT FOR SERVICES TO STUDENTS WHOSE ONLY HANDICAP OR PRIMARY 5,817
HANDICAP IS A SPEECH-LANGUAGE HANDICAP, EQUAL TO THE SUM OF THE 5,818
FOLLOWING:
(a) THE SPEECH FTE TIMES THE FORMULA AMOUNT TIMES 0.11; 5,821
(b) THE STATE SHARE PERCENTAGE, AS ADJUSTED UNDER THIS 5,823
SECTION, TIMES THE SPEECH FTE TIMES THE FORMULA AMOUNT TIMES 5,825
0.11.
(D) THE DEPARTMENT SHALL ANNUALLY PAY EACH DISTRICT AN 5,828
AMOUNT FOR SCHOOL PSYCHOLOGICAL SERVICES EQUAL TO THE SUM OF THE 5,829
FOLLOWING:
(1) FORMULA ADM, AS ADJUSTED UNDER DIVISION (B)(1) OF THIS 5,832
SECTION, TIMES THE FORMULA AMOUNT TIMES 0.003; 5,833
129
(2) THE STATE SHARE PERCENTAGE, AS ADJUSTED UNDER DIVISION 5,835
(B)(1) OF THIS SECTION, TIMES FORMULA ADM, AS ADJUSTED UNDER 5,837
DIVISION (B)(1) OF THIS SECTION, TIMES THE FORMULA AMOUNT TIMES 5,839
0.003.
(E) THE DEPARTMENT SHALL NOT APPROVE SPECIAL EDUCATION OR 5,842
RELATED SERVICES UNITS, OTHER THAN FOR HANDICAPPED PRESCHOOL 5,843
CHILDREN, IN COUNTY MR/DD BOARDS. EACH STUDENT PROVIDED SPECIAL 5,844
EDUCATION OR RELATED SERVICES BY A COUNTY MR/DD BOARD, OTHER THAN 5,845
HANDICAPPED PRESCHOOL CHILDREN, SHALL BE INCLUDED, ON AN FTE 5,846
BASIS, IN THE FORMULA ADM AND CATEGORY ONE, TWO, OR THREE SPECIAL 5,848
EDUCATION ADM OF THE SCHOOL DISTRICT IN WHICH THE STUDENT IS 5,849
ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3313.65 5,850
OF THE REVISED CODE. EACH SCHOOL DISTRICT SHALL REPORT UNDER 5,851
SECTION 3317.03 OF THE REVISED CODE THE TOTAL AVERAGE DAILY 5,853
MEMBERSHIP OF SUCH STUDENTS, THE AVERAGE DAILY MEMBERSHIP OF 5,854
THOSE STUDENTS RECEIVING CATEGORY ONE SPECIAL EDUCATION SERVICES 5,855
FOR THE HANDICAPS DESCRIBED IN DIVISION (A) OF SECTION 3317.013 5,857
OF THE REVISED CODE, THE AVERAGE DAILY MEMBERSHIP OF THOSE 5,859
STUDENTS RECEIVING CATEGORY TWO SPECIAL EDUCATION SERVICES FOR 5,860
THE HANDICAPS DESCRIBED IN DIVISION (B) OF THAT SECTION, AND THE 5,861
AVERAGE DAILY MEMBERSHIP OF THOSE STUDENTS RECEIVING CATEGORY 5,862
THREE SPECIAL EDUCATION SERVICES FOR THE HANDICAPS DESCRIBED IN 5,863
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE. 5,865
THE DEPARTMENT SHALL DEDUCT FROM PAYMENTS TO A SCHOOL 5,868
DISTRICT UNDER THIS CHAPTER AND PAY TO A COUNTY MR/DD BOARD THE 5,869
AMOUNTS AGREED BY THE DISTRICT AND THE COUNTY MR/DD BOARD IN A 5,871
CONTRACT, COMPACT, OR OTHER AGREEMENT AS PAYMENT FOR THE SPECIAL 5,872
EDUCATION AND RELATED SERVICES PROVIDED BY THE COUNTY MR/DD BOARD 5,874
FOR THE DISTRICT'S STUDENTS. 5,875
(F) IN DETERMINING "FUNDAMENTAL FY 1997 STATE AID" AND 5,878
"FUNDAMENTAL FY 1998 STATE AID" UNDER SECTION 3317.0212 OF THE 5,880
REVISED CODE AND "FY 1998 STATE AID" UNDER SECTION 18 OF AMENDED 5,883
SUBSTITUTE HOUSE BILL NO. 650 OF THE 122nd GENERAL ASSEMBLY, AS 5,887
AMENDED, THE DEPARTMENT SHALL ADD TO THOSE AMOUNTS AN ESTIMATED 5,888
130
PORTION OF THE STATE MONEY DISTRIBUTED IN THE APPLICABLE FISCAL
YEAR TO COUNTY MR/DD BOARDS FOR APPROVED SPECIAL EDUCATION AND 5,890
RELATED SERVICES UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS, 5,891
ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT. UPON REQUEST 5,892
OF THE DEPARTMENT, A COUNTY MR/DD BOARD SHALL FURNISH DATA NEEDED 5,894
TO CALCULATE THESE AMOUNTS.
(G) IN DETERMINING "FY 1997 ADM" AND "FY 1998 ADM" AS 5,899
DEFINED IN SECTION 3317.02 OF THE REVISED CODE, THE DEPARTMENT 5,901
SHALL ADD TO THOSE NUMBERS THE AVERAGE DAILY MEMBERSHIP ON AN FTE 5,902
BASIS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT PURSUANT TO 5,903
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE BUT RECEIVING 5,905
EDUCATIONAL SERVICES IN APPROVED UNITS FROM A COUNTY MR/DD BOARD. 5,906
THE DEPARTMENT ALSO SHALL ADJUST THOSE ADMs BY MULTIPLYING THE 5,907
SUM OF THE CATEGORY TWO AND THREE SPECIAL EDUCATION ADMs BY 1.4. 5,909
UPON REQUEST OF THE DEPARTMENT, A COUNTY MR/DD BOARD SHALL 5,910
FURNISH DATA NEEDED TO CALCULATE THESE AMOUNTS. 5,911
(H) IN DETERMINING "STATE BASIC AID" UNDER SECTION 5,914
3317.0212 OF THE REVISED CODE AND "FY 1999 STATE AID," "FY 2000 5,916
STATE AID," "FY 2001 STATE AID," AND "FY 2002 STATE AID" UNDER 5,919
SECTION 18 OF AMENDED SUBSTITUTE HOUSE BILL NO. 650 OF THE 122nd 5,923
GENERAL ASSEMBLY, AS AMENDED, THE DEPARTMENT SHALL USE THE 5,924
AMOUNTS SPECIFIED IN THOSE SECTIONS, AS MODIFIED BY DIVISIONS (A) 5,926
TO (G) OF THIS SECTION. 5,927
(I)(1) THE RATIO OF STUDENTS IN A SCHOOL DISTRICT'S 5,930
CATEGORY ONE SPECIAL EDUCATION ADM TO LICENSED PROFESSIONALS 5,931
APPROPRIATELY TRAINED IN SPECIAL EDUCATION SHALL NOT EXCEED 5,932
SIXTEEN TO ONE.
(2) THE RATIO OF STUDENTS IN A SCHOOL DISTRICT'S CATEGORY 5,934
TWO AND THREE SPECIAL EDUCATION ADMs TO LICENSED PROFESSIONALS 5,935
APPROPRIATELY TRAINED IN SPECIAL EDUCATION SHALL NOT EXCEED EIGHT 5,936
TO ONE. 5,937
Sec. 3318.06. After receipt of the conditional approval of 5,946
the Ohio school facilities commission, the school district board 5,948
131
by a majority of all of its members shall, if it desires to 5,949
proceed with the project, declare all of the following by 5,950
resolution:
(A) That with a net bonded indebtedness of within five 5,952
thousand dollars of the required level of indebtedness or by 5,953
issuing bonds in an amount equal to the required percentage of 5,954
the project costs, the district is unable to provide adequate 5,955
classroom facilities without assistance from the state; 5,956
(B) That to qualify for such state assistance it is 5,958
necessary to levy a tax outside the ten-mill limitation the 5,959
proceeds of which shall be used to pay the cost of maintaining 5,961
the classroom facilities included in the project, except that in
any year the district's adjusted valuation per pupil is greater 5,962
than the state-wide median adjusted valuation per pupil one-half 5,963
of the proceeds of the tax shall be used for such maintenance and 5,964
one-half of such proceeds shall be used to pay the cost of the 5,965
purchase of the classroom facilities from the state; 5,966
(C) That the question of such tax levy shall be submitted 5,968
to the electors of the school district at the next general or 5,969
primary election, if there be a general or primary election not 5,970
less than seventy-five and not more than ninety-five days after 5,971
the day of the adoption of such resolution or, if not, at a 5,972
special election to be held at a time specified in the resolution 5,973
which shall be not less than seventy-five days after the day of 5,974
the adoption of the resolution and which shall be in accordance 5,975
with the requirements of section 3501.01 of the Revised Code. 5,976
Such resolution shall also state, if such be the case, that 5,978
the question of issuing bonds of the board shall be combined in a 5,979
single proposal with the question of such tax levy. More than 5,980
one election under this section may be held in any one calendar 5,981
year. Such resolution shall specify both of the following: 5,982
(1) That the rate which it is necessary to levy shall be 5,984
at the rate of one-half mill for each one dollar of valuation, 5,985
and that such tax shall be levied until the purchase price is 5,987
132
paid but in no case longer than twenty-three years; 5,988
(2) That the proceeds of the tax shall be used to pay the 5,990
cost of maintaining the classroom facilities included in the 5,991
project, except in any year the district's adjusted valuation per 5,992
pupil is greater than the statewide median adjusted valuation per 5,993
pupil one-half of the proceeds of the tax shall be used for such 5,994
maintenance and one-half of the proceeds of the tax shall be used 5,995
to pay the cost of the purchase of the classroom facilities from
the state under sections 3318.01 to 3318.20 of the Revised Code. 5,996
A copy of such resolution shall after its passage and not 5,998
less than seventy-five days prior to the date set therein for the 5,999
election be certified to the county board of elections. 6,000
If the question of issuing bonds of the board is to be 6,002
combined with the question of levying the tax, the THE resolution 6,003
of the school district board, in addition to meeting other 6,005
applicable requirements of section 133.18 of the Revised Code, 6,006
shall state that the amount of bonds to be issued will be either 6,007
whatever amount may be necessary to raise the net bonded 6,008
indebtedness of the school district to within five thousand 6,009
dollars of the required level of indebtedness calculated for the 6,010
year preceding the year in which such resolution is adopted or an 6,011
amount equal to the required percentage of the basic project 6,012
costs, whichever is greater and state that the maximum maturity 6,013
of the bonds which, notwithstanding section 133.20 of the Revised 6,014
Code, may be any number of years not exceeding twenty-three as 6,015
determined by the board. In estimating the amount of bonds to be 6,016
issued, the board shall take into consideration the amount of 6,017
moneys then in the bond retirement fund and the amount of moneys 6,018
to be collected for and disbursed from the bond retirement fund 6,019
during the remainder of the year in which the resolution of 6,020
necessity is adopted.
Notice of the election shall include the fact that the tax 6,022
levy shall be at the rate of one-half mill for each one dollar of 6,023
valuation, that the levy shall be made until the purchase price 6,025
133
is paid but in no case longer than twenty-three years, and that 6,026
the proceeds of the tax shall be used to pay the cost of 6,027
maintaining the classroom facilities included in the project, 6,028
except in any year the district's adjusted valuation per pupil is 6,029
greater than the statewide median adjusted valuation per pupil 6,030
one-half of the proceeds of the tax shall be used for such 6,031
maintenance and one-half of the proceeds of the tax shall be used 6,032
to pay the cost of the purchase of the classroom facilities from
the state under sections 3318.01 to 3318.20 of the Revised Code. 6,033
The form of the ballot to be used at such election shall 6,035
be: 6,036
"A majority affirmative vote is necessary for passage. 6,038
Shall bonds be issued by the Board of Education of the 6,040
............ (here insert name of school district) for the 6,041
purpose of ............ (here insert purpose of bond issue) in 6,042
either an amount sufficient to raise the net indebtedness of the 6,043
school district to within five thousand dollars of ............ 6,044
(here insert five, six, or seven per cent depending on the 6,045
district's required level of indebtedness) of the total value of 6,046
all property in the school district as listed and assessed for 6,047
taxation on the tax duplicate for the year ............ (here 6,048
insert the year preceding the year in which the resolution 6,049
declaring the necessity of the election was adopted) or an amount 6,051
equal to ............ (here insert the required percentage of the 6,052
basic project costs), whichever is greater, and a levy of taxes 6,053
be made outside of the ten-mill limitation for a maximum period 6,054
of ............ (here insert longest maturity) years to pay the 6,055
principal and interest of such bonds, the amount of such bonds 6,056
being estimated to be ............ (here insert estimated amount 6,057
of bond issue) for which the levy of taxes is estimated by the 6,058
county auditor to average ............ (here insert number of 6,059
mills) mills for each one dollar of valuation, which amounts to 6,060
............ (here insert rate expressed in dollars and cents) 6,061
for each one hundred dollars of valuation?" 6,062
134
and 6,064
"Shall an additional levy of taxes be made for the benefit 6,066
of the ............ (name of school district), the proceeds of 6,067
which shall be used to pay the cost of maintaining the classroom 6,069
facilities included in the project, except that in any year the 6,070
district's adjusted valuation per pupil is greater than the
state-wide median adjusted valuation per pupil one-half of the 6,071
proceeds of the tax shall be used for such maintenance and 6,072
one-half of such proceeds shall be used to pay the cost of the 6,073
purchase of classroom facilities from the state, at the rate of 6,074
one-half mill for each one dollar of valuation until the purchase 6,076
price is paid but in no case longer than twenty-three years? 6,077
_______________________________________________ 6,079
FOR THE BOND ISSUE AND TAX LEVY 6,080
_______________________________________________ 6,081
AGAINST THE BOND ISSUE AND TAX LEVY 6,082
_______________________________________________ " 6,083
Where it is not necessary to include the question of 6,086
issuing bonds of the school district board with the question of 6,087
levying the tax, the first paragraph of the foregoing ballot form 6,088
shall be omitted and the question to be voted on shall be "For 6,089
the Tax Levy" and "Against the Tax Levy." 6,090
(D) If it is necessary for the school district to acquire 6,092
a site for the classroom facilities to be acquired pursuant to 6,093
sections 3318.01 to 3318.20 of the Revised Code, the district 6,094
board may propose either to issue bonds of the board or to levy a 6,095
tax to pay for the acquisition of such site, and may combine the 6,096
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 6,097
purpose of acquiring a site are a general obligation of the 6,098
school district and are Chapter 133. securities. 6,099
The form of that portion of the ballot to include the 6,101
question of either issuing bonds or levying a tax for site 6,102
acquisition purposes shall be one of the following: 6,103
135
(1) "Shall bonds be issued by the board of education of 6,105
the ......... (name of the school district) for the purpose of 6,106
.......... (purpose of the bond issue, which shall be for the 6,107
purpose of acquiring a site for classroom facilities) in the 6,108
principal amount of ........ (principal amount of the bond
issue), to be repaid annually over a maximum period of ......... 6,109
(maximum number of years over which the principal of the bonds 6,110
may be paid) years, and an annual levy of property taxes be made 6,111
outside the ten-mill limitation, estimated by the county auditor 6,112
to average over the repayment period of the bond issue ....... 6,113
(number of mills) mills for each one dollar of tax valuation, 6,114
which amount to ....... (rate expressed in dollars and cents) for
each one hundred dollars of valuation?" 6,115
(2) "Shall an additional levy of taxes be made for the 6,117
benefit of the ......... (name of the school district) ......... 6,118
for the purpose ......... (purpose of the levy, which shall be 6,119
for the purpose of acquiring a site for classroom facilities) in 6,120
the sum of ......... (annual amount the levy is to produce) and a 6,121
levy of taxes to be made outside of the ten-mill limitation 6,122
estimated by the county auditor to average ........ (number of 6,123
mills) mills for each one hundred dollars of valuation, for a
period of ......... (number of years the millage is to be 6,124
imposed) years?"
Where it is necessary to combine the question of issuing 6,126
bonds of the school district and levying a tax as described in 6,127
division (C) of this section with the question of issuing bonds 6,128
of the school district for acquisition of a site, the question 6,129
specified in division (C) of this section to be voted on shall be 6,130
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." In the event it is not necessary to 6,131
include the question of issuing bonds as described in division 6,133
(C) of this section, the question specified in that division to 6,134
be voted on shall be "For the Bond Issue and the Tax Levy" and 6,135
"Against the Bond Issue and the Tax Levy."
136
Where it is necessary to combine the question of issuing 6,137
bonds of the school district and levying a tax as described in 6,138
division (C) of this section with the question of levying a tax 6,139
for the acquisition of a site, the question specified in division 6,140
(C) of this section to be voted on shall be "For the Bond Issue 6,141
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." In the event it is not necessary to include the 6,142
question of issuing bonds as described in division (C) of this 6,144
section, the question specified in that division to be voted on 6,145
shall be "For the Tax Levies" and "Against the Tax Levies." 6,146
If a majority of those voting upon a proposition hereunder 6,148
which includes the question of issuing bonds vote in favor 6,149
thereof, and if the agreement provided for by section 3318.08 of 6,150
the Revised Code has been entered into, the school district board 6,151
may proceed under Chapter 133. of the Revised Code, with the 6,152
issuance of bonds or bond anticipation notes in accordance with 6,153
the terms of the agreement. 6,154
Sec. 3318.08. If the requisite favorable vote on the 6,163
election is obtained, the Ohio school facilities commission, upon 6,165
certification of the results of the election to it, shall enter 6,166
into a written agreement with the school district board for the 6,167
construction and sale of the project, which agreement shall 6,168
include, but need not be limited to, the following provisions: 6,169
(A) The sale and issuance of bonds or notes in 6,171
anticipation thereof, as soon as practicable after the execution 6,172
of the agreement, in either an amount which will raise the net 6,173
bonded indebtedness of the school district, as of the date of the 6,174
resolution authorizing the issuance of such bonds or notes, to 6,175
within five thousand dollars of the required level of 6,176
indebtedness calculated for the year preceding the year in which 6,177
the resolution declaring the necessity of the election was 6,179
adopted or an amount equal to the required percentage of the 6,180
basic project costs, whichever is greater; provided, that if at 6,181
that time the county treasurer of each county in which the school 6,182
137
district is located has not commenced the collection of taxes on 6,183
the general duplicate of real and public utility property for 6,184
such year, the school district board shall authorize the issuance 6,185
of a first installment of bond anticipation notes in an amount 6,186
specified by the agreement, which amount shall not exceed an 6,187
amount necessary to raise the net bonded indebtedness of the 6,188
school district as to the date of such authorizing resolution to 6,189
within five thousand dollars of the required level of 6,190
indebtedness for the preceding year. In the event that a first 6,191
installment of bond anticipation notes is issued, the school 6,192
district board shall, as soon as practicable after the county 6,193
treasurer of each county in which the school district is located 6,194
has commenced the collection of taxes on the general duplicate of 6,195
real and public utility property for the year in which the 6,196
resolution declaring the necessity of the election was adopted, 6,197
authorize the issuance of a second and final installment of bond 6,198
anticipation notes or a first and final issue of bonds. The 6,199
combined value of the first and second installment of bond 6,200
anticipation notes or the value of the first and final issue of 6,201
bonds shall be equal to either an amount which will raise the net 6,202
indebtedness of the school district as of the date of such 6,203
authorizing resolution to within five thousand dollars of the 6,204
required level of indebtedness, or an amount equal to the 6,205
required percentage of the project costs, whichever is greater. 6,206
The proceeds of any such bonds shall be used first to retire any 6,207
bond anticipation notes. Otherwise, the proceeds of such bonds 6,208
and of any bond anticipation notes, except the premium and 6,209
accrued interest thereon, shall be deposited in the school
district's project construction fund. In determining the amount 6,210
of net indebtedness for the purpose of fixing the amount of an 6,211
issue of either bonds or bond anticipation notes, gross 6,212
indebtedness shall be reduced by moneys in the bond retirement 6,213
fund only to the extent of the moneys therein on the first day of 6,214
the year preceding the year in which the resolution authorizing 6,215
138
such bonds or notes is adopted. Should there be a decrease in 6,217
the tax valuation of the school district so that the amount of 6,218
indebtedness which can be incurred on the tax duplicates for the 6,219
year in which the resolution declaring the necessity of the 6,220
election was adopted is less than the amount of the first 6,221
installment of bond anticipation notes, there shall be paid from 6,222
the school district's project construction fund to the school 6,223
district's bond retirement fund to be applied against such notes 6,225
an amount sufficient to cause the net indebtedness of the school 6,226
district, as of the first day of the year following the year in 6,227
which the resolution declaring the necessity of the election was 6,228
adopted, to be within five thousand dollars of the required level 6,229
of indebtedness for the year in which that resolution was 6,230
adopted. The maximum amount of indebtedness to be incurred by 6,231
any school district board as its share of the cost of the project 6,232
is either an amount which will cause its net indebtedness, as of 6,233
the first day of the year following the year in which the 6,234
resolution declaring the necessity of the bond issue was adopted, 6,235
to be within five thousand dollars of the required level of 6,236
indebtedness calculated for the year preceding the year in which 6,237
that resolution was adopted or an amount equal to the required 6,239
percentage of the basic project costs, whichever is greater. All 6,240
bonds and bond anticipation notes shall be issued in accordance 6,241
with Chapter 133. of the Revised Code, and notes may be renewed 6,242
as provided in section 133.22 of the Revised Code. 6,243
(B) The transfer of such funds of the school district 6,245
board available for the project, together with the proceeds of 6,246
the sale of the bonds or notes, except premium, accrued interest, 6,247
and interest included in the amount of the issue, to the school 6,248
district's project construction fund; 6,249
(C) The levy of the tax authorized at the election for the 6,251
payment of maintenance costs or the cost of purchasing the 6,253
classroom facilities;
(D) Ownership of the project during the period of 6,255
139
construction, which shall be divided between the commission and 6,257
the school district board in proportion to their respective 6,258
contributions to the school district's project construction fund; 6,260
(E) The transfer of the state's interest in the project to 6,262
the school district upon completion of the project; 6,263
(F) The insurance of the project by the school district 6,265
from the time there is an insurable interest therein and so long 6,266
as any part of the purchase price remains unpaid, in such amounts 6,267
and against such risks as the commission shall require; provided, 6,270
that the cost of any required insurance until the project is 6,271
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 6,273
management that funds are available and have been set aside to 6,274
meet the state's share of the basic project cost as approved by 6,276
the controlling board pursuant to section 3318.04 of the Revised 6,277
Code;
(H) Authorization of the school district board to 6,279
advertise for and receive construction bids for the project, for 6,280
and on behalf of the commission, and to award contracts in the 6,282
name of the state subject to approval by the commission; 6,283
(I) Provisions for the disbursement of moneys from the 6,285
school district's project account upon issuance by the commission 6,287
or the commission's designated representative of vouchers for 6,288
work done to be certified to the commission by the treasurer of 6,291
the school district board; 6,292
(J) Disposal of any balance left in the school district's 6,294
project construction fund upon completion of the project; 6,296
(K) Prohibition against alienation of any interest in the 6,298
project by the school district board or its successor in interest 6,299
without the consent of the commission so long as any part of the 6,301
purchase price of the project remains unpaid, but in no case 6,302
longer than twenty-three years; 6,303
(L) Limitations upon use of the project or any part of it 6,305
so long as any part of the purchase price of the project remains 6,306
140
unpaid, but in no case longer than twenty-three years; 6,307
(M) Suspension of the power to issue bonds or notes by the 6,309
school district board for permanent improvements without the 6,310
prior consent of the commission for so long as any part of the 6,312
purchase price of the project remains unpaid, but in no case 6,313
longer than twenty-three years; 6,314
(N) Provision for vesting absolute interest in the project 6,316
in the school district board when the purchase price has been 6,317
paid or at the expiration of the period of twenty-three years; 6,318
(O)(N) Provision for deposit of an executed copy of the 6,320
agreement in the office of the commission and the office of the 6,322
county recorder of the county or counties in which the project is 6,323
situated; 6,324
(P)(O) Provision for termination of the contract and 6,326
release of the funds encumbered at the time of the conditional 6,327
approval, if the proceeds of the sale of the bonds of the school 6,328
district board are not paid into the school district's project 6,329
construction fund and if bids for the construction of the project 6,332
have not been taken within such period after the execution of the 6,333
agreement as may be fixed by the commission; 6,334
(Q)(P) Provision for the school district to maintain the 6,336
project in accordance with a plan approved by the commission; 6,338
(R)(Q) Provision that all state funds reserved and 6,341
encumbered to pay the state share of the cost of the project 6,342
pursuant to section 3318.03 of the Revised Code be spent on the 6,343
construction or acquisition of the project prior to the 6,344
expenditure of any funds provided by the school district to pay 6,345
for its share of the project cost, unless the school district 6,346
certifies to the commission that expenditure by the school 6,347
district is necessary to maintain the tax-exempt status of notes 6,348
or bonds issued by the school district to pay for its share of 6,349
the project cost in which case, the school district may commit to 6,350
spend, or spend, a portion of the funds it provides. 6,351
Sec. 3318.10. When such working drawings, specifications, 6,360
141
and estimates of cost have been approved by the school district 6,361
board and the Ohio school facilities commission, the treasurer of 6,363
the school district board shall advertise for construction bids 6,364
for the project once a week for four THREE consecutive weeks in a 6,365
newspaper published in and of general circulation in the county 6,366
in which the project is located. Such notices shall state that 6,367
plans and specifications for the project are on file in the 6,368
office of the commission and such other place as may be 6,370
designated in such notice, and the time and place when and where 6,371
bids therefor will be received.
The form of proposal to be submitted by bidders shall be 6,373
supplied by the commission. Bidders may be permitted to bid upon 6,376
all the branches of work and materials to be furnished and
supplied, upon any branch thereof, or upon all or any thereof. 6,377
A proposal shall be invalid and not considered unless it 6,379
meets the requirements of section 153.54 of the Revised Code. 6,380
When the construction bids for all branches of work and 6,382
materials have been tabulated, the commission shall cause to be 6,383
prepared a revised estimate of the basic project cost based upon 6,386
the lowest responsible bids received. If such revised estimate 6,387
exceeds the estimated basic project cost as approved by the 6,388
controlling board pursuant to section 3318.04 of the Revised 6,389
Code, no contracts may be entered into pursuant to this section 6,390
unless such revised estimate is approved by the commission and by 6,391
the controlling board referred to in section 3318.04 of the 6,392
Revised Code. When such revised estimate has been prepared, and 6,393
after such approvals are given, if necessary, and if the school 6,394
district board has caused to be transferred to the project 6,395
construction fund the proceeds from the sale of the first or 6,397
first and final installment of its bonds or bond anticipation 6,398
notes pursuant to the provision of written agreement required by 6,399
division (B) of section 3318.08 of the Revised Code, and when the 6,400
director of budget and management has certified that there is a 6,401
balance in the appropriation, not otherwise obligated to pay 6,402
142
precedent obligations, pursuant to which the state's share of 6,403
such revised estimate is required to be paid, the contract for
all branches of work and materials to be furnished and supplied, 6,404
or for any branch thereof as determined by the school district 6,405
board, shall be awarded by the school district board to the 6,406
lowest responsible bidder subject to the approval of the 6,407
commission. Such award shall be made within thirty SIXTY days 6,410
after the date on which the bids are opened, and the successful 6,412
bidder shall enter into a contract within ten days after the 6,413
successful bidder is notified of the award of the contract. 6,414
Subject to the approval of the commission, the school 6,416
district board may reject all bids and readvertise. Any contract 6,419
made under this section shall be made in the name of the state 6,420
and executed on its behalf by the president and treasurer of the 6,421
school district board.
The provisions of sections 153.50 to 153.99 of the Revised 6,423
Code, which are applicable to construction contracts of boards of 6,424
education and which permit bids to be made for two or more trades 6,425
or kinds of work, shall apply to construction contracts for the 6,426
project to the exclusion of sections 153.01 to 153.20 of the 6,427
Revised Code applicable to state construction contracts. 6,428
The remedies afforded to any subcontractor, materials 6,430
supplier, laborer, mechanic, or persons furnishing material or 6,432
machinery for the project under sections 1311.26 to 1311.32 of 6,433
the Revised Code, shall apply to contracts entered into under 6,434
this section and the itemized statement required by section 6,435
1311.26 of the Revised Code shall be filed with the school 6,436
district board.
Sec. 3319.22. (A) The state board of education shall 6,445
adopt rules establishing the standards and requirements for 6,446
obtaining temporary, associate, provisional, and professional 6,447
educator licenses of any categories, types, and levels the board 6,448
elects to provide. However, no educator license shall be 6,449
required for teaching children two years old or younger.
143
(B) Any rules the state board of education adopts, amends, 6,451
or rescinds for educator licenses under this section, division 6,452
(D) of section 3301.07 of the Revised Code, or any other law 6,453
shall be adopted, amended, or rescinded under Chapter 119. of the 6,454
Revised Code except as follows: 6,455
(1) Notwithstanding division (D) of section 119.03 and 6,458
division (A)(1) of section 119.04 of the Revised Code, the 6,459
effective date of any rules, or amendment or rescission of any 6,460
rules, shall not be as prescribed in division (D) of section 6,461
119.03 and division (A)(1) of section 119.04 of the Revised Code. 6,462
Instead, the rules or amendment or rescission of the rules shall 6,463
take effect only after the rules or amendment or rescission of 6,464
the rules are filed with the chairpersons of the committees of 6,465
the house of representatives and of the senate that are primarily 6,466
responsible for consideration of education legislation and only 6,467
after approval by the general assembly through adoption of a 6,468
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 6,469
the rules shall be the later of the date on which the concurrent 6,470
resolution is adopted by the second house or the date prescribed 6,471
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 6,473
rescind emergency rules in division (F) of section 119.03 of the 6,474
Revised Code, this authority shall not apply to the state board 6,475
of education with regard to rules for educator licenses. 6,476
(C)(1) The rules adopted under this section establishing 6,478
standards requiring additional coursework for the renewal of any 6,479
educator license shall require a school district and a chartered 6,480
nonpublic school to establish local professional development 6,481
committees. In a nonpublic school, the chief administrative 6,482
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 6,483
shall determine whether coursework that a district or chartered 6,484
nonpublic school teacher proposes to complete meets the 6,485
144
requirement of the rules. The rules shall establish a procedure 6,486
by which a teacher may appeal the decision of a local 6,487
professional development committee.
(2) In any school district in which there is no exclusive 6,489
representative established under Chapter 4117. of the Revised 6,490
Code, the professional development committees shall be 6,491
established as described in division (C)(2) of this section. 6,492
Not later than the effective date of the rules adopted 6,494
under this section, the board of education of each school 6,495
district shall establish the structure for one or more local 6,496
professional development committees to be operated by such school 6,497
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 6,498
an anniversary of the date upon which the current committee 6,499
structure was established, the board provides notice to all 6,500
affected district employees that the committee structure is to be 6,501
modified. Professional development committees may have a
district level or building level scope of operations, and may be 6,502
established with regard to particular grade or age levels for 6,503
which an educator license is designated. 6,504
Each professional development committee shall consist of at 6,506
least three classroom teachers employed by the district, one 6,507
principal employed by the district, and one other employee of the 6,508
district appointed by the district superintendent. For 6,509
committees with a building level scope, the teacher and principal 6,510
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 6,511
teachers assigned to that building. For committees with a 6,512
district level scope, the teacher members shall be elected by 6,513
majority vote of the classroom teachers of the district, and the 6,514
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 6,515
principals employed by the district, in which case the one or two 6,516
principals employed shall serve on the committee. If a committee 6,517
145
has a particular grade or age level scope, the teacher members 6,518
shall be licensed to teach such grade or age levels, and shall be 6,519
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 6,520
serving in buildings where any such teachers serve. The district 6,521
superintendent shall appoint a replacement to fill any vacancy 6,522
that occurs on a professional development committee, except in 6,523
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 6,524
of the committee so selected. 6,525
Terms of office on professional development committees 6,527
shall be prescribed by the district board establishing the 6,528
committees. The conduct of elections for members of professional 6,529
development committees shall be prescribed by the district board 6,530
establishing the committees. A professional development
committee may include additional members, except that the 6,531
majority of members on each such committee shall be classroom 6,532
teachers employed by the district. Any member appointed to fill 6,533
a vacancy occurring prior to the expiration date of the term for 6,534
which a predecessor was appointed shall hold office as a member 6,535
for the remainder of that term.
The initial meeting of any professional development 6,537
committee, upon election and appointment of all committee 6,538
members, shall be called by a member designated by the district 6,539
superintendent. At this initial meeting, the committee shall 6,540
select a chairperson and such other officers the committee deems 6,541
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 6,542
chairperson or upon the filing of a petition with the district 6,543
superintendent signed by a majority of the committee members 6,544
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 6,546
representative has been established pursuant to Chapter 4117. of 6,547
the Revised Code, professional development committees shall be 6,548
146
established in accordance with any collective bargaining 6,549
agreement in effect in the district that includes provisions for
such committees. 6,550
If the collective bargaining agreement does not specify a 6,552
different method for the selection of teacher members of the 6,553
committees, the exclusive representative of the district's 6,554
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 6,556
different structure for the committees, the board of education of 6,557
the school district shall establish the structure, including the 6,558
number of committees and the number of teacher and administrative 6,559
members on each committee; the specific administrative members to 6,560
be part of each committee; whether the scope of the committees 6,561
will be district levels, building level, or by type of grade or
age levels for which educator licenses are designated; the 6,562
lengths of terms for members; the manner of filling vacancies on 6,563
the committees; and the frequency and time and place of meetings. 6,564
However, in all cases, EXCEPT AS PROVIDED IN DIVISION (C)(4) OF 6,565
THIS SECTION, there shall be a majority of teacher members of any 6,567
professional development committee, there shall be at least five 6,568
total members of any professional development committee, and the 6,569
exclusive representative shall designate replacement members in 6,570
the case of vacancies among teacher members, unless the
collective bargaining agreement specifies a different method of 6,571
selecting such replacements. 6,572
(4) WHENEVER AN ADMINISTRATOR'S COURSEWORK PLAN IS BEING 6,575
DISCUSSED OR VOTED UPON, THE LOCAL PROFESSIONAL DEVELOPMENT 6,576
COMMITTEE SHALL, AT THE REQUEST OF ONE OF ITS ADMINISTRATIVE 6,577
MEMBERS, CAUSE A MAJORITY OF THE COMMITTEE TO CONSIST OF 6,578
ADMINISTRATIVE MEMBERS BY REDUCING THE NUMBER OF TEACHER MEMBERS 6,579
VOTING ON THE PLAN. 6,580
Sec. 3323.091. (A) The department of mental health, the 6,589
department of mental retardation and developmental disabilities, 6,590
the department of youth services, and the department of 6,591
147
rehabilitation and correction shall establish and maintain 6,592
special education programs for handicapped children in 6,593
institutions under their jurisdiction according to standards 6,594
adopted by the state board of education. The superintendent of 6,595
each institution providing special education under this chapter 6,596
may apply to the state department of education for unit funding, 6,597
which shall be paid in accordance with section SECTIONS 3317.161 6,598
AND 3317.162 of the Revised Code. 6,599
(B) On or before the thirtieth day of June of each year, 6,601
the superintendent of each institution that during the school 6,602
year provided special education pursuant to this section shall 6,603
prepare a statement for each handicapped child under twenty-two 6,604
years of age who has received special education. The statement 6,605
shall contain the child's name and the name of the child's school 6,606
district of residence. Within sixty days after receipt of such 6,607
statement, the department of education shall perform one of the 6,608
following: 6,609
(1) For any child except a handicapped preschool child 6,611
described in division (B)(2) of this section, pay to the 6,612
institution submitting the statement an amount equal to the 6,613
tuition calculated under division (A) of section 3317.08 of the 6,614
Revised Code for the period covered by the statement, and deduct 6,615
the same from the amount of state funds, if any, payable under 6,616
sections 3317.022 and 3317.023 of the Revised Code, to the 6,617
child's school district of residence or, if the amount of such 6,618
state funds is insufficient, require the child's school district 6,619
of residence to pay the institution submitting the statement an 6,620
amount equal to the amount determined under this division. 6,621
(2) For any handicapped preschool child not included in a 6,623
unit approved under division (B) of section 3317.05 of the 6,624
Revised Code, perform the following: 6,625
(a) Pay to the institution submitting the statement an 6,627
amount equal to the tuition calculated under division (B) of 6,628
section 3317.08 of the Revised Code for the period covered by the 6,629
148
statement, except that in calculating the tuition under that 6,630
section the operating expenses of the institution submitting the 6,631
statement under this section shall be used instead of the 6,632
operating expenses of the school district of residence; 6,633
(b) Deduct from the amount of state funds, if any, payable 6,635
under sections 3317.022 and 3317.023 of the Revised Code to the 6,636
child's school district of residence an amount equal to the 6,637
amount paid under division (B)(2)(a) of this section. 6,638
Sec. 3323.12. The board of education of a school district 6,647
shall provide home instruction for handicapped children three to 6,648
twenty-one years of age who are unable to attend school, even 6,649
with the help of special transportation. The board may arrange 6,650
for the provision of home instruction for a child by a
cooperative agreement or contract with a county board of mental 6,651
retardation and developmental disabilities or other educational 6,652
agency. For the purposes of determining average formula ADM 6,653
under section 3317.03 of the Revised Code, five hours of home 6,655
instruction shall be equivalent to attendance for five school 6,656
days.
Sec. 3345.122. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 6,658
A MEMBER OF A BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER 6,659
EDUCATION, AS DEFINED IN SECTION 3345.12 OF THE REVISED CODE, IS 6,660
NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR
LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY IS CAUSED BY AN 6,661
EXPENDITURE MADE OR A CONTRACT ENTERED INTO BY THE INSTITUTION OF 6,662
HIGHER EDUCATION UNLESS THE TRUSTEE ACTED WITH MALICIOUS PURPOSE, 6,663
IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER WITH RESPECT TO 6,664
THE EXPENDITURE OR CONTRACT.
Sec. 3734.57. (A) For the purposes of paying the state's 6,673
long-term operation costs or matching share for actions taken 6,674
under the "Comprehensive Environmental Response, Compensation, 6,675
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 6,676
amended; paying the costs of measures for proper clean-up of 6,677
sites where polychlorinated biphenyls and substances, equipment, 6,678
149
and devices containing or contaminated with polychlorinated 6,679
biphenyls have been stored or disposed of; paying the costs of 6,680
conducting surveys or investigations of solid waste facilities or 6,681
other locations where it is believed that significant quantities 6,682
of hazardous waste were disposed of and for conducting 6,683
enforcement actions arising from the findings of such surveys or 6,684
investigations; and paying the costs of acquiring and cleaning 6,685
up, or providing financial assistance for cleaning up, any 6,686
hazardous waste facility or solid waste facility containing 6,687
significant quantities of hazardous waste, that constitutes an 6,688
imminent and substantial threat to public health or safety or the 6,689
environment; and, from July 1, 1995 1997, through June 30, 1997 6,691
1999, for the purposes of paying the costs of administering and 6,692
enforcing the laws pertaining to solid wastes, infectious wastes, 6,693
and construction and demolition debris, including, without 6,694
limitation, ground water evaluations related to solid wastes, 6,695
infectious wastes, and construction and demolition debris, under 6,696
this chapter and Chapter 3714. of the Revised Code and any rules 6,697
adopted under them, and paying a share of the administrative 6,698
costs of the environmental protection agency pursuant to section 6,699
3745.014 of the Revised Code, the following fees are hereby 6,700
levied on the disposal of solid wastes in this state: 6,701
(1) One dollar per ton on and after July 1, 1993; 6,703
(2) An additional seventy-five cents per ton on and after 6,706
July 1, 1997, through June 30, 1999. 6,707
The owner or operator of a solid waste disposal facility 6,709
shall collect the fees levied under this division as a trustee 6,710
for the state and shall prepare and file with the director of 6,711
environmental protection monthly returns indicating the total 6,712
tonnage of solid wastes received for disposal at the gate of the 6,713
facility and the total amount of the fees collected under this 6,714
division. Not later than thirty days after the last day of the 6,715
month to which such a return applies, the owner or operator shall 6,716
mail to the director the return for that month together with the 6,717
150
fees collected during that month as indicated on the return. The 6,718
owner or operator may request an extension of not more than 6,719
thirty days for filing the return and remitting the fees, 6,720
provided that the owner or operator has submitted such a request 6,722
in writing to the director together with a detailed description 6,723
of why the extension is requested, the director has received the 6,724
request not later than the day on which the return is required to 6,725
be filed, and the director has approved the request. If the fees 6,726
are not remitted within sixty days after the last day of the 6,727
month during which they were collected, the owner or operator 6,728
shall pay an additional fifty per cent of the amount of the fees 6,729
for each month that they are late. 6,730
One-half of the moneys remitted to the director under 6,732
division (A)(1) of this section shall be credited to the 6,733
hazardous waste facility management fund created in section 6,734
3734.18 of the Revised Code, and one-half shall be credited to 6,735
the hazardous waste clean-up fund created in section 3734.28 of 6,736
the Revised Code. The moneys remitted to the director under 6,737
division (A)(2) of this section shall be credited to the solid 6,738
waste fund, which is hereby created in the state treasury. The 6,739
environmental protection agency shall use moneys in the solid 6,740
waste fund only to pay the costs of administering and enforcing 6,741
the laws pertaining to solid wastes, infectious wastes, and 6,742
construction and demolition debris, including, without 6,743
limitation, ground water evaluations related to solid wastes, 6,744
infectious wastes, and construction and demolition debris, under 6,745
this chapter and Chapter 3714. of the Revised Code and rules 6,746
adopted under them and to pay a share of the administrative costs 6,748
of the environmental protection agency pursuant to section 6,749
3745.014 of the Revised Code. 6,750
The fees levied under this division and divisions (B) and 6,752
(C) of this section are in addition to all other applicable fees 6,753
and taxes and shall be added to any other fee or amount specified 6,754
in a contract that is charged by the owner or operator of a solid 6,755
151
waste disposal facility or to any other fee or amount that is 6,756
specified in a contract entered into on or after March 4, 1992, 6,757
and that is charged by a transporter of solid wastes. 6,758
(B) For the purpose of preparing, revising, and 6,760
implementing the solid waste management plan of the county or 6,761
joint solid waste management district, including, without 6,762
limitation, the development and implementation of solid waste 6,763
recycling or reduction programs; providing financial assistance 6,764
to boards of health within the district, if solid waste 6,765
facilities are located within the district, for the enforcement 6,766
of this chapter and rules adopted and orders and terms and 6,768
conditions of permits, licenses, and variances issued under it, 6,769
other than the hazardous waste provisions of this chapter and 6,770
rules adopted and orders and terms and conditions of permits 6,771
issued under those provisions; providing financial assistance to 6,773
the county to defray the added costs of maintaining roads and 6,774
other public facilities and of providing emergency and other 6,775
public services resulting from the location and operation of a 6,776
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 6,777
by boards of health for collecting and analyzing water samples 6,778
from public or private wells on lands adjacent to solid waste 6,779
facilities that are contained in the approved or amended plan of 6,780
the district; paying the costs of developing and implementing a 6,781
program for the inspection of solid wastes generated outside the 6,782
boundaries of this state that are disposed of at solid waste 6,783
facilities included in the district's approved solid waste 6,784
management plan or amended plan; providing financial assistance 6,785
to boards of health within the district for enforcing laws 6,786
prohibiting open dumping; providing financial assistance to local 6,787
law enforcement agencies within the district for enforcing laws 6,788
and ordinances prohibiting littering; providing financial 6,789
assistance to boards of health of health districts within the 6,790
district that are on the approved list under section 3734.08 of 6,791
152
the Revised Code for the training and certification required for 6,792
their employees responsible for solid waste enforcement by rules 6,793
adopted under division (L) of section 3734.02 of the Revised 6,794
Code; providing financial assistance to individual municipal 6,795
corporations and townships within the district to defray their 6,796
added costs of maintaining roads and other public facilities and 6,797
of providing emergency and other public services resulting from 6,798
the location and operation within their boundaries of a 6,799
composting, energy or resource recovery, incineration, or 6,800
recycling facility that either is owned by the district or is 6,801
furnishing solid waste management facility or recycling services 6,802
to the district pursuant to a contract or agreement with the 6,803
board of county commissioners or directors of the district; and 6,804
payment of any expenses that are agreed to, awarded, or ordered 6,805
to be paid under section 3734.35 of the Revised Code and of any 6,807
administrative costs incurred pursuant to that section, the solid 6,808
waste management policy committee of a county or joint solid 6,809
waste management district may levy fees upon the following
activities: 6,810
(1) The disposal at a solid waste disposal facility 6,812
located in the district of solid wastes generated within the 6,813
district; 6,814
(2) The disposal at a solid waste disposal facility within 6,816
the district of solid wastes generated outside the boundaries of 6,817
the district, but inside this state; 6,818
(3) The disposal at a solid waste disposal facility within 6,820
the district of solid wastes generated outside the boundaries of 6,821
this state. 6,822
If any such fees are levied prior to January 1, 1994, fees 6,824
levied under division (B)(1) of this section always shall be 6,825
equal to one-half of the fees levied under division (B)(2) of 6,826
this section, and fees levied under division (B)(3) of this 6,827
section, which shall be in addition to fees levied under division 6,828
(B)(2) of this section, always shall be equal to fees levied 6,829
153
under division (B)(1) of this section, except as otherwise 6,830
provided in this division. The solid waste management plan of 6,831
the county or joint district approved under section 3734.521 or 6,832
3734.55 of the Revised Code and any amendments to it, or the 6,833
resolution adopted under this division, as appropriate, shall 6,834
establish the rates of the fees levied under divisions (B)(1), 6,835
(2), and (3) of this section, if any, and shall specify whether 6,836
the fees are levied on the basis of tons or cubic yards as the 6,837
unit of measurement. Although the fees under divisions (A)(1) 6,838
and (2) of this section are levied on the basis of tons as the 6,839
unit of measurement, the solid waste management plan of the 6,840
district and any amendments to it or the solid waste management 6,841
policy committee in its resolution levying fees under this 6,842
division may direct that the fees levied under those divisions be 6,843
levied on the basis of cubic yards as the unit of measurement 6,844
based upon a conversion factor of three cubic yards per ton 6,845
generally or one cubic yard per ton for baled wastes if the fees 6,846
under divisions (B)(1) to (3) of this section are being levied on 6,847
the basis of cubic yards as the unit of measurement under the 6,848
plan, amended plan, or resolution. 6,849
On and after January 1, 1994, the fee levied under division 6,851
(B)(1) of this section shall be not less than one dollar per ton 6,852
nor more than two dollars per ton, the fee levied under division 6,853
(B)(2) of this section shall be not less than two dollars per ton 6,854
nor more than four dollars per ton, and the fee levied under 6,855
division (B)(3) of this section shall be not more than the fee 6,856
levied under division (B)(1) of this section, except as otherwise 6,857
provided in this division and notwithstanding any schedule of 6,858
those fees established in the solid waste management plan of a 6,859
county or joint district approved under section 3734.55 of the 6,860
Revised Code or a resolution adopted and ratified under this 6,861
division that is in effect on that date. If the fee that a 6,862
district is levying under division (B)(1) of this section on that 6,863
date under its approved plan or such a resolution is less than 6,864
154
one dollar per ton, the fee shall be one dollar per ton on and 6,865
after January 1, 1994, and if the fee that a district is so 6,866
levying under that division exceeds two dollars per ton, the fee 6,867
shall be two dollars per ton on and after that date. If the fee 6,868
that a district is so levying under division (B)(2) of this 6,869
section is less than two dollars per ton, the fee shall be two 6,870
dollars per ton on and after that date, and if the fee that the 6,871
district is so levying under that division exceeds four dollars 6,872
per ton, the fee shall be four dollars per ton on and after that 6,873
date. On that date, the fee levied by a district under division 6,874
(B)(3) of this section shall be equal to the fee levied under 6,875
division (B)(1) of this section. Except as otherwise provided in 6,876
this division, the fees established by the operation of this 6,877
amendment shall remain in effect until the district's resolution 6,878
levying fees under this division is amended or repealed in 6,879
accordance with this division to amend or abolish the schedule of 6,880
fees, the schedule of fees is amended or abolished in an amended 6,881
plan of the district approved under section 3734.521 or division 6,882
(A) or (D) of section 3734.56 of the Revised Code, or the 6,883
schedule of fees is amended or abolished through an amendment to 6,884
the district's plan under division (E) of section 3734.56 of the 6,885
Revised Code; the notification of the amendment or abolishment of 6,886
the fees has been given in accordance with this division; and 6,887
collection of the amended fees so established commences, or 6,888
collection of the fees ceases, in accordance with this division. 6,889
The solid waste management policy committee of a district 6,891
levying fees under divisions (B)(1) to (3) of this section on 6,893
October 29, 1993, under its solid waste management plan approved 6,894
under section 3734.55 of the Revised Code or a resolution adopted 6,896
and ratified under this division that are within the ranges of 6,897
rates prescribed by this amendment, by adoption of a resolution 6,898
not later than December 1, 1993, and without the necessity for 6,899
ratification of the resolution under this division, may amend 6,900
those fees within the prescribed ranges, provided that the 6,901
155
estimated revenues from the amended fees will not substantially 6,902
exceed the estimated revenues set forth in the district's budget 6,903
for calendar year 1994. Not later than seven days after the 6,904
adoption of such a resolution, the committee shall notify by 6,905
certified mail the owner or operator of each solid waste disposal 6,906
facility that is required to collect the fees of the adoption of 6,907
the resolution and of the amount of the amended fees. Collection 6,908
of the amended fees shall take effect on the first day of the 6,909
first month following the month in which the notification is sent 6,910
to the owner or operator. The fees established in such a 6,911
resolution shall remain in effect until the district's resolution 6,912
levying fees that was adopted and ratified under this division is 6,913
amended or repealed, and the amendment or repeal of the 6,914
resolution is ratified, in accordance with this division, to 6,915
amend or abolish the fees, the schedule of fees is amended or 6,916
abolished in an amended plan of the district approved under 6,917
section 3734.521 or division (A) or (D) of section 3734.56 of the 6,918
Revised Code, or the schedule of fees is amended or abolished 6,919
through an amendment to the district's plan under division (E) of 6,920
section 3734.56 of the Revised Code; the notification of the 6,921
amendment or abolishment of the fees has been given in accordance 6,922
with this division; and collection of the amended fees so 6,923
established commences, or collection of the fees ceases, in 6,924
accordance with this division.
Prior to the approval of the solid waste management plan of 6,926
the district under section 3734.55 of the Revised Code, the solid 6,927
waste management policy committee of a district may levy fees 6,928
under this division by adopting a resolution establishing the 6,929
proposed amount of the fees. Upon adopting the resolution, the 6,930
committee shall deliver a copy of the resolution to the board of 6,931
county commissioners of each county forming the district and to 6,932
the legislative authority of each municipal corporation and 6,933
township under the jurisdiction of the district and shall prepare 6,934
and publish the resolution and a notice of the time and location 6,935
156
where a public hearing on the fees will be held. Upon adopting 6,936
the resolution, the committee shall deliver written notice of the 6,937
adoption of the resolution; of the amount of the proposed fees; 6,938
and of the date, time, and location of the public hearing to the 6,939
director and to the fifty industrial, commercial, or 6,940
institutional generators of solid wastes within the district that 6,941
generate the largest quantities of solid wastes, as determined by 6,942
the committee, and to their local trade associations. The 6,943
committee shall make good faith efforts to identify those 6,944
generators within the district and their local trade 6,945
associations, but the nonprovision of notice under this division 6,946
to a particular generator or local trade association does not 6,947
invalidate the proceedings under this division. The publication 6,948
shall occur at least thirty days before the hearing. After the 6,949
hearing, the committee may make such revisions to the proposed 6,950
fees as it considers appropriate and thereafter, by resolution, 6,951
shall adopt the revised fee schedule. Upon adopting the revised 6,952
fee schedule, the committee shall deliver a copy of the 6,953
resolution doing so to the board of county commissioners of each 6,954
county forming the district and to the legislative authority of 6,955
each municipal corporation and township under the jurisdiction of 6,956
the district. Within sixty days after the delivery of a copy of 6,957
the resolution adopting the proposed revised fees by the policy 6,958
committee, each such board and legislative authority, by 6,959
ordinance or resolution, shall approve or disapprove the revised 6,960
fees and deliver a copy of the ordinance or resolution to the 6,961
committee. If any such board or legislative authority fails to 6,962
adopt and deliver to the policy committee an ordinance or 6,963
resolution approving or disapproving the revised fees within 6,964
sixty days after the policy committee delivered its resolution 6,965
adopting the proposed revised fees, it shall be conclusively 6,966
presumed that the board or legislative authority has approved the 6,967
proposed revised fees. 6,968
In the case of a county district or a joint district formed 6,970
157
by two or three counties, the committee shall declare the 6,971
proposed revised fees to be ratified as the fee schedule of the 6,972
district upon determining that the board of county commissioners 6,973
of each county forming the district has approved the proposed 6,974
revised fees and that the legislative authorities of a 6,975
combination of municipal corporations and townships with a 6,976
combined population within the district comprising at least sixty 6,977
per cent of the total population of the district have approved 6,978
the proposed revised fees, provided that in the case of a county 6,979
district, that combination shall include the municipal 6,980
corporation having the largest population within the boundaries 6,981
of the district, and provided further that in the case of a joint 6,982
district formed by two or three counties, that combination shall 6,983
include for each county forming the joint district the municipal 6,984
corporation having the largest population within the boundaries 6,985
of both the county in which the municipal corporation is located 6,986
and the joint district. In the case of a joint district formed 6,987
by four or more counties, the committee shall declare the 6,988
proposed revised fees to be ratified as the fee schedule of the 6,989
joint district upon determining that the boards of county 6,990
commissioners of a majority of the counties forming the district 6,991
have approved the proposed revised fees; that, in each of a 6,992
majority of the counties forming the joint district, the proposed 6,993
revised fees have been approved by the municipal corporation 6,994
having the largest population within the county and the joint 6,995
district; and that the legislative authorities of a combination 6,996
of municipal corporations and townships with a combined 6,997
population within the joint district comprising at least sixty 6,998
per cent of the total population of the joint district have 6,999
approved the proposed revised fees. 7,000
For the purposes of this division, only the population of 7,002
the unincorporated area of a township shall be considered. For 7,003
the purpose of determining the largest municipal corporation 7,004
within each county under this division, a municipal corporation 7,005
158
that is located in more than one solid waste management district, 7,006
but that is under the jurisdiction of one county or joint solid 7,007
waste management district in accordance with division (A) of 7,008
section 3734.52 of the Revised Code shall be considered to be 7,009
within the boundaries of the county in which a majority of the 7,010
population of the municipal corporation resides. 7,011
The committee may amend the schedule of fees levied 7,013
pursuant to a resolution or amended resolution adopted and 7,014
ratified under this division by adopting a resolution 7,015
establishing the proposed amount of the amended fees. The 7,016
committee may abolish the fees levied pursuant to such a 7,017
resolution or amended resolution by adopting a resolution 7,018
proposing to repeal them. Upon adopting such a resolution, the 7,019
committee shall proceed to obtain ratification of the resolution 7,020
in accordance with this division. 7,021
Not later than fourteen days after declaring the fees or 7,023
amended fees to be ratified under this division, the committee 7,024
shall notify by certified mail the owner or operator of each 7,025
solid waste disposal facility that is required to collect the 7,026
fees of the ratification and the amount of the fees. Collection 7,027
of any fees or amended fees ratified on or after March 24, 1992, 7,028
shall commence on the first day of the second month following the 7,029
month in which notification is sent to the owner or operator. 7,030
Not later than fourteen days after declaring the repeal of 7,032
the district's schedule of fees to be ratified under this 7,033
division, the committee shall notify by certified mail the owner 7,034
or operator of each facility that is collecting the fees of the 7,035
repeal. Collection of the fees shall cease on the first day of 7,036
the second month following the month in which notification is 7,037
sent to the owner or operator. 7,038
Not later than fourteen days after the director issues an 7,040
order approving a district's solid waste management plan under 7,041
section 3734.55 of the Revised Code or amended plan under 7,042
division (A) or (D) of section 3734.56 of the Revised Code that 7,043
159
establishes or amends a schedule of fees levied by the district, 7,044
or the ratification of an amendment to the district's approved 7,045
plan or amended plan under division (E) of section 3734.56 of the 7,046
Revised Code that establishes or amends a schedule of fees, as 7,047
appropriate, the committee shall notify by certified mail the 7,048
owner or operator of each solid waste disposal facility that is 7,049
required to collect the fees of the approval of the plan or 7,050
amended plan, or the amendment to the plan, as appropriate, and 7,051
the amount of the fees or amended fees. In the case of an 7,052
initial or amended plan approved under section 3734.521 of the 7,053
Revised Code in connection with a change in district composition, 7,054
other than one involving the withdrawal of a county from a joint 7,055
district, that establishes or amends a schedule of fees levied 7,056
under divisions (B)(1) to (3) of this section by a district 7,057
resulting from the change, the committee, within fourteen days 7,058
after the change takes effect pursuant to division (G) of that 7,059
section, shall notify by certified mail the owner or operator of 7,060
each solid waste disposal facility that is required to collect 7,061
the fees that the change has taken effect and of the amount of 7,062
the fees or amended fees. Collection of any fees set forth in a 7,063
plan or amended plan approved by the director on or after April 7,064
16, 1993, or an amendment of a plan or amended plan under 7,065
division (E) of section 3734.56 of the Revised Code that is 7,066
ratified on or after April 16, 1993, shall commence on the first 7,067
day of the second month following the month in which notification 7,068
is sent to the owner or operator. 7,069
Not later than fourteen days after the director issues an 7,071
order approving a district's plan under section 3734.55 of the 7,072
Revised Code or amended plan under division (A) or (D) of section 7,073
3734.56 of the Revised Code that abolishes the schedule of fees 7,074
levied under divisions (B)(1) to (3) of this section, or an 7,075
amendment to the district's approved plan or amended plan 7,076
abolishing the schedule of fees is ratified pursuant to division 7,077
(E) of section 3734.56 of the Revised Code, as appropriate, the 7,078
160
committee shall notify by certified mail the owner or operator of 7,079
each facility that is collecting the fees of the approval of the 7,080
plan or amended plan, or the amendment of the plan or amended 7,081
plan, as appropriate, and the abolishment of the fees. In the 7,082
case of an initial or amended plan approved under section 7,083
3734.521 of the Revised Code in connection with a change in 7,084
district composition, other than one involving the withdrawal of 7,085
a county from a joint district, that abolishes the schedule of 7,086
fees levied under divisions (B)(1) to (3) of this section by a 7,087
district resulting from the change, the committee, within 7,088
fourteen days after the change takes effect pursuant to division 7,089
(G) of that section, shall notify by certified mail the owner or 7,090
operator of each solid waste disposal facility that is required 7,091
to collect the fees that the change has taken effect and of the 7,092
abolishment of the fees. Collection of the fees shall cease on 7,093
the first day of the second month following the month in which 7,094
notification is sent to the owner or operator. 7,095
Except as otherwise provided in this division, if the 7,097
schedule of fees that a district is levying under divisions 7,098
(B)(1) to (3) of this section pursuant to a resolution or amended 7,099
resolution adopted and ratified under this division, the solid 7,100
waste management plan of the district approved under section 7,101
3734.55 of the Revised Code, an amended plan approved under 7,102
division (A) or (D) of section 3734.56 of the Revised Code, or an 7,103
amendment to the district's approved plan or amended plan under 7,104
division (E) of section 3734.56 of the Revised Code, is amended 7,105
by the adoption and ratification of an amendment to the 7,106
resolution or amended resolution or an amendment of the 7,107
district's approved plan or amended plan, the fees in effect 7,108
immediately prior to the approval of the plan or the amendment of 7,109
the resolution, amended resolution, plan, or amended plan, as 7,110
appropriate, shall continue to be collected until collection of 7,111
the amended fees commences pursuant to this division. 7,112
If, in the case of a change in district composition 7,114
161
involving the withdrawal of a county from a joint district, the 7,115
director completes the actions required under division (G)(1) or 7,116
(3) of section 3734.521 of the Revised Code, as appropriate, 7,117
forty-five days or more before the beginning of a calendar year, 7,118
the policy committee of each of the districts resulting from the 7,119
change that obtained the director's approval of an initial or 7,120
amended plan in connection with the change, within fourteen days 7,121
after the director's completion of the required actions, shall 7,122
notify by certified mail the owner or operator of each solid 7,123
waste disposal facility that is required to collect the 7,124
district's fees that the change is to take effect on the first 7,125
day of January immediately following the issuance of the notice 7,126
and of the amount of the fees or amended fees levied under 7,127
divisions (B)(1) to (3) of this section pursuant to the 7,128
district's initial or amended pan as so approved or, if 7,129
appropriate, the abolishment of the district's fees by that 7,130
initial or amended plan. Collection of any fees set forth in 7,131
such a plan or amended plan shall commence on the first day of 7,132
January immediately following the issuance of the notice. If 7,133
such an initial or amended plan abolishes a schedule of fees, 7,134
collection of the fees shall cease on that first day of January. 7,135
If, in the case of a change in district composition 7,137
involving the withdrawal of a county from a joint district, the 7,138
director completes the actions required under division (G)(1) or 7,139
(3) of section 3734.521 of the Revised Code, as appropriate, less 7,140
than forty-five days before the beginning of a calendar year, the 7,141
director, on behalf of each of the districts resulting from the 7,142
change that obtained the director's approval of an initial or 7,143
amended plan in connection with the change proceedings, shall 7,144
notify by certified mail the owner or operator of each solid 7,145
waste disposal facility that is required to collect the 7,146
district's fees that the change is to take effect on the first 7,147
day of January immediately following the mailing of the notice 7,148
and of the amount of the fees or amended fees levied under 7,149
162
divisions (B)(1) to (3) of this section pursuant to the 7,150
district's initial or amended plan as so approved or, if 7,151
appropriate, the abolishment of the district's fees by that 7,152
initial or amended plan. Collection of any fees set forth in 7,153
such a plan or amended plan shall commence on the first day of 7,154
the second month following the month in which notification is 7,155
sent to the owner or operator. If such an initial or amended 7,156
plan abolishes a schedule of fees, collection of the fees shall 7,157
cease on the first day of the second month following the month in 7,158
which notification is sent to the owner or operator. 7,159
In the case of a change in district composition, the 7,161
schedule of fees that the former districts that existed prior to 7,162
the change were levying under divisions (B)(1) to (3) of this 7,163
section pursuant to a resolution or amended resolution adopted 7,164
and ratified under this division, the solid waste management plan 7,165
of a former district approved under section 3734.521 or 3734.55 7,166
of the Revised Code, an amended plan approved under section 7,167
3734.521 or division (A) or (D) of section 3734.56 of the Revised 7,168
Code, or an amendment to a former district's approved plan or 7,169
amended plan under division (E) of section 3734.56 of the Revised 7,170
Code, and that were in effect on the date that the director 7,171
completed the actions required under division (G)(1) or (3) of 7,172
section 3734.521 of the Revised Code shall continue to be 7,173
collected until the collection of the fees or amended fees of the 7,174
districts resulting from the change is required to commence, or 7,175
if an initial or amended plan of a resulting district abolishes a 7,176
schedule of fees, collection of the fees is required to cease, 7,177
under this division. Moneys so received from the collection of 7,178
the fees of the former districts shall be divided among the 7,179
resulting districts in accordance with division (B) of section 7,180
343.012 of the Revised Code and the agreements entered into under 7,181
division (B) of section 343.01 of the Revised Code to establish 7,182
the former and resulting districts and any amendments to those 7,183
agreements. 7,184
163
For the purposes of the provisions of division (B) of this 7,186
section establishing the times when newly established or amended 7,187
fees levied by a district are required to commence and the 7,188
collection of fees that have been amended or abolished is 7,189
required to cease, "fees" or "schedule of fees" includes, in 7,190
addition to fees levied under divisions (B)(1) to (3) of this 7,191
section, those levied under section 3734.573 or 3734.574 of the 7,192
Revised Code. 7,193
(C) For the purposes of defraying the added costs to a 7,195
municipal corporation or township of maintaining roads and other 7,196
public facilities and of providing emergency and other public 7,197
services, and compensating a municipal corporation or township 7,198
for reductions in real property tax revenues due to reductions in 7,199
real property valuations resulting from the location and 7,200
operation of a solid waste disposal facility within the municipal 7,201
corporation or township, a municipal corporation or township in 7,202
which such a solid waste disposal facility is located may levy a 7,203
fee of not more than twenty-five cents per ton on the disposal of 7,204
solid wastes at a solid waste disposal facility located within 7,205
the boundaries of the municipal corporation or township 7,206
regardless of where the wastes were generated. 7,207
The legislative authority of a municipal corporation or 7,209
township may levy fees under this division by enacting an 7,210
ordinance or adopting a resolution establishing the amount of the 7,211
fees. Upon so doing the legislative authority shall mail a 7,212
certified copy of the ordinance or resolution to the board of 7,213
county commissioners or directors of the county or joint solid 7,214
waste management district in which the municipal corporation or 7,215
township is located or, if a regional solid waste management 7,216
authority has been formed under section 343.011 of the Revised 7,217
Code, to the board of trustees of that regional authority, the 7,218
owner or operator of each solid waste disposal facility in the 7,219
municipal corporation or township that is required to collect the 7,220
fee by the ordinance or resolution, and the director of 7,221
164
environmental protection. Although the fees levied under this 7,222
division are levied on the basis of tons as the unit of 7,223
measurement, the legislative authority, in its ordinance or 7,224
resolution levying the fees under this division, may direct that 7,225
the fees be levied on the basis of cubic yards as the unit of 7,226
measurement based upon a conversion factor of three cubic yards 7,227
per ton generally or one cubic yard per ton for baled wastes. 7,228
Not later than five days after enacting an ordinance or 7,230
adopting a resolution under this division, the legislative 7,231
authority shall so notify by certified mail the owner or operator 7,232
of each solid waste disposal facility that is required to collect 7,233
the fee. Collection of any fee levied on or after March 24, 7,234
1992, shall commence on the first day of the second month 7,235
following the month in which notification is sent to the owner or 7,236
operator. 7,237
(D)(1) The fees levied under divisions (A), (B), and (C) 7,239
of this section do not apply to the disposal of solid wastes 7,241
that:
(a) Are disposed of at a facility owned by the generator 7,243
of the wastes when the solid waste facility exclusively disposes 7,244
of solid wastes generated at one or more premises owned by the 7,245
generator regardless of whether the facility is located on a 7,246
premises where the wastes are generated; 7,247
(b) Are disposed of at facilities that exclusively dispose 7,249
of wastes that are generated from the combustion of coal, or from 7,250
the combustion of primarily coal in combination with scrap tires, 7,251
that is not combined in any way with garbage at one or more 7,252
premises owned by the generator. 7,253
(2) Except as provided in section 3734.571 of the Revised 7,255
Code, any fees levied under division (B)(1) of this section apply 7,256
to solid wastes originating outside the boundaries of a county or 7,257
joint district that are covered by an agreement for the joint use 7,258
of solid waste facilities entered into under section 343.02 of 7,259
the Revised Code by the board of county commissioners or board of 7,260
165
directors of the county or joint district where the wastes are 7,261
generated and disposed of. 7,262
(3) When solid wastes, other than solid wastes that 7,264
consist of scrap tires, are burned in a disposal facility that is 7,265
an incinerator or energy recovery facility, the fees levied under 7,266
divisions (A), (B), and (C) of this section shall be levied upon 7,268
the disposal of the fly ash and bottom ash remaining after 7,269
burning of the solid wastes and shall be collected by the owner 7,270
or operator of the sanitary landfill where the ash is disposed 7,271
of.
(4) When solid wastes are delivered to a solid waste 7,273
transfer facility, the fees levied under divisions (A), (B), and 7,274
(C) of this section shall be levied upon the disposal of solid 7,276
wastes transported off the premises of the transfer facility for 7,277
disposal and shall be collected by the owner or operator of the 7,278
solid waste disposal facility where the wastes are disposed of. 7,279
(5) The fees levied under divisions (A), (B), and (C) of 7,281
this section do not apply to sewage sludge that is generated by a 7,282
waste water treatment facility holding a national pollutant 7,283
discharge elimination system permit and that is disposed of 7,284
through incineration, land application, or composting or at 7,285
another resource recovery or disposal facility that is not a 7,286
landfill. 7,287
(6) The fees levied under division DIVISIONS (A), (B), and 7,289
(C) of this section do not apply to solid wastes delivered to a 7,291
solid waste composting facility for processing. When any 7,292
unprocessed solid waste or compost product is transported off the 7,293
premises of a composting facility and disposed of at a landfill, 7,294
the fees levied under divisions (A), (B), and (C) of this section 7,295
shall be collected by the owner or operator of the landfill where 7,296
the unprocessed waste or compost product is disposed of. 7,297
(7) When solid wastes that consist of scrap tires are 7,299
processed at a scrap tire recovery facility, the fees levied 7,300
under divisions (A), (B), and (C) of this section shall be levied 7,302
166
upon the disposal of the fly ash and bottom ash or other solid 7,303
wastes remaining after the processing of the scrap tires and 7,304
shall be collected by the owner or operator of the solid waste 7,305
disposal facility where the ash or other solid wastes are 7,306
disposed of.
(E) The fees levied under divisions (B) and (C) of this 7,309
section shall be collected by the owner or operator of the solid 7,310
waste disposal facility where the wastes are disposed of as a 7,311
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 7,312
from the fees levied under division (B) of this section shall be 7,314
forwarded to the board of county commissioners or board of 7,315
directors of the district in accordance with rules adopted under 7,316
division (H) of this section. Moneys from the fees levied under 7,317
division (C) of this section shall be forwarded to the treasurer 7,318
or such other officer of the municipal corporation as, by virtue 7,319
of the charter, has the duties of the treasurer or to the clerk 7,320
of the township, as appropriate, in accordance with those rules. 7,321
(F) Moneys received by the treasurer or such other officer 7,323
of the municipal corporation under division (E) of this section 7,324
shall be paid into the general fund of the municipal corporation. 7,325
Moneys received by the clerk of the township under that division 7,326
shall be paid into the general fund of the township. The 7,327
treasurer or such other officer of the municipal corporation or 7,328
the clerk, as appropriate, shall maintain separate records of the 7,329
moneys received from the fees levied under division (C) of this 7,330
section. 7,331
(G) Moneys received by the board of county commissioners 7,333
or board of directors under division (E) of this section or 7,334
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 7,335
Code shall be paid to the county treasurer, or other official 7,336
acting in a similar capacity under a county charter, in a county 7,337
district or to the county treasurer or other official designated 7,338
by the board of directors in a joint district and kept in a 7,339
167
separate and distinct fund to the credit of the district. If a 7,340
regional solid waste management authority has been formed under 7,341
section 343.011 of the Revised Code, moneys received by the board 7,342
of trustees of that regional authority under division (E) of this 7,343
section shall be kept by the board in a separate and distinct 7,344
fund to the credit of the district. Moneys in the special fund 7,345
of the county or joint district arising from the fees levied 7,346
under division (B) of this section and the fee levied under 7,348
division (A) of section 3734.573 of the Revised Code shall be 7,349
expended by the board of county commissioners or directors of the 7,350
district in accordance with the district's solid waste management 7,351
plan or amended plan approved under section 3734.521, 3734.55, or 7,352
3734.56 of the Revised Code exclusively for the following 7,353
purposes:
(1) Preparation of the solid waste management plan of the 7,355
district under section 3734.54 of the Revised Code, monitoring 7,356
implementation of the plan, and conducting the periodic review 7,357
and amendment of the plan required by section 3734.56 of the 7,358
Revised Code by the solid waste management policy committee; 7,359
(2) Implementation of the approved solid waste management 7,361
plan or amended plan of the district, including, without 7,362
limitation, the development and implementation of solid waste 7,363
recycling or reduction programs; 7,364
(3) Providing financial assistance to boards of health 7,366
within the district, if solid waste facilities are located within 7,367
the district, for enforcement of this chapter and rules, orders, 7,368
and terms and conditions of permits, licenses, and variances 7,370
adopted or issued under it, other than the hazardous waste 7,371
provisions of this chapter and rules adopted and orders and terms 7,372
and conditions of permits issued under those provisions; 7,374
(4) Providing financial assistance to each county within 7,376
the district to defray the added costs of maintaining roads and 7,377
other public facilities and of providing emergency and other 7,378
public services resulting from the location and operation of a 7,379
168
solid waste facility within the county under the district's 7,380
approved solid waste management plan or amended plan; 7,381
(5) Pursuant to contracts entered into with boards of 7,383
health within the district, if solid waste facilities contained 7,384
in the district's approved plan or amended plan are located 7,385
within the district, for paying the costs incurred by those 7,386
boards of health for collecting and analyzing samples from public 7,387
or private water wells on lands adjacent to those facilities; 7,388
(6) Developing and implementing a program for the 7,390
inspection of solid wastes generated outside the boundaries of 7,391
this state that are disposed of at solid waste facilities 7,392
included in the district's approved solid waste management plan 7,393
or amended plan; 7,394
(7) Providing financial assistance to boards of health 7,396
within the district for the enforcement of section 3734.03 of the 7,397
Revised Code or to local law enforcement agencies having 7,398
jurisdiction within the district for enforcing anti-littering 7,399
laws and ordinances; 7,400
(8) Providing financial assistance to boards of health of 7,402
health districts within the district that are on the approved 7,403
list under section 3734.08 of the Revised Code to defray the 7,404
costs to the health districts for the participation of their 7,405
employees responsible for enforcement of the solid waste 7,406
provisions of this chapter and rules adopted and orders and terms 7,407
and conditions of permits, licenses, and variances issued under 7,408
those provisions in the training and certification program as 7,409
required by rules adopted under division (L) of section 3734.02 7,410
of the Revised Code; 7,411
(9) Providing financial assistance to individual municipal 7,413
corporations and townships within the district to defray their 7,414
added costs of maintaining roads and other public facilities and 7,415
of providing emergency and other public services resulting from 7,416
the location and operation within their boundaries of a 7,417
composting, energy or resource recovery, incineration, or 7,418
169
recycling facility that either is owned by the district or is 7,419
furnishing solid waste management facility or recycling services 7,420
to the district pursuant to a contract or agreement with the 7,421
board of county commissioners or directors of the district; 7,422
(10) Payment of any expenses that are agreed to, awarded, 7,424
or ordered to be paid under section 3734.35 of the Revised Code 7,425
and of any administrative costs incurred pursuant to that 7,426
section. In the case of a joint solid waste management district, 7,427
if the board of county commissioners of one of the counties in 7,428
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 7,429
the approval of the board of directors of the district in order 7,430
to expend moneys for administrative costs incurred. 7,431
Prior to the approval of the district's solid waste 7,433
management plan under section 3734.55 of the Revised Code, moneys 7,434
in the special fund of the district arising from such THE fees 7,435
shall be expended for such THOSE purposes in the manner 7,437
prescribed by the solid waste management policy committee by 7,439
resolution.
Notwithstanding division (G)(6) of this section as it 7,442
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 7,445
with division (B)(2)(e) of section 3734.53 of the Revised Code as 7,446
it existed prior to that date, any moneys arising from the fees 7,447
levied under division (B)(3) of this section prior to January 1, 7,448
1994, may be expended for any of the purposes authorized in 7,449
divisions (G)(1) to (10) of this section. 7,450
(H) The director of environmental protection shall adopt 7,452
rules in accordance with Chapter 119. of the Revised Code 7,453
prescribing procedures for collecting and forwarding the fees 7,454
levied under divisions (B) and (C) of this section to the boards 7,455
of county commissioners or directors of county or joint solid 7,456
waste management districts and to the treasurers or other 7,457
officers of municipal corporations or to the clerks of townships. 7,458
170
The rules also shall prescribe the dates for forwarding the fees 7,459
to the boards and officials and may prescribe any other 7,460
requirements the director considers necessary or appropriate to 7,461
implement and administer divisions (A), (B), and (C) of this 7,462
section. Collection of the fees levied under division (A)(1) of 7,463
this section shall commence on July 1, 1993. Collection of the 7,464
fees levied under division (A)(2) of this section shall commence 7,466
on January 1, 1994. 7,467
Sec. 3734.82. (A) The annual fee for a scrap tire 7,476
recovery facility license issued under section 3734.81 of the 7,477
Revised Code shall be in accordance with the following schedule: 7,478
Daily Design Input Annual License 7,480
Capacity (Tons) Fee 7,481
1 or less $ 100 7,482
2 to 25 500 7,483
26 to 50 1,000 7,484
51 to 100 1,500 7,485
101 to 200 2,500 7,486
201 to 500 3,500 7,487
501 or more 5,500 7,488
For the purpose of determining the applicable license fee 7,491
under this division, the daily design input capacity shall be the 7,492
quantity of scrap tires the facility is designed to process daily 7,493
as set forth in the registration certificate or permit for the 7,494
facility, and any modifications to the permit, if applicable, 7,495
issued under section 3734.78 of the Revised Code. 7,496
(B) The annual fee for a scrap tire monocell or monofill 7,498
facility license shall be in accordance with the following 7,499
schedule: 7,500
Authorized Maximum Annual License 7,502
Daily Waste Receipt Fee 7,503
(Tons) 7,504
100 or less $ 5,000 7,505
101 to 200 12,500 7,506
171
201 to 500 30,000 7,507
501 or more 60,000 7,508
For the purpose of determining the applicable license fee 7,511
under this division, the authorized maximum daily waste receipt 7,512
shall be the maximum amount of scrap tires the facility is 7,513
authorized to receive daily that is established in the permit for 7,514
the facility, and any modification to that permit, issued under 7,515
section 3734.77 of the Revised Code. 7,516
(C)(1) Except as otherwise provided in division (C)(2) of 7,518
this section, the annual fee for a scrap tire storage facility 7,519
license shall equal one thousand dollars times the number of 7,520
acres on which scrap tires are to be stored at the facility 7,521
during the license year, as set forth on the application for the 7,522
annual license, except that the total annual license fee for any 7,523
such facility shall not exceed three thousand dollars. 7,524
(2) The annual fee for a scrap tire storage facility 7,526
license for a storage facility that is owned or operated by a 7,527
motor vehicle salvage dealer licensed under Chapter 4738. of the 7,528
Revised Code is one hundred dollars. 7,529
(D)(1) Except as otherwise provided in division (D)(2) of 7,531
this section, the annual fee for a scrap tire collection facility 7,532
license is two hundred dollars. 7,533
(2) The annual fee for a scrap tire collection facility 7,535
license for a collection facility that is owned or operated by a 7,536
motor vehicle salvage dealer licensed under Chapter 4738. of the 7,537
Revised Code is fifty dollars. 7,538
(E) Except as otherwise provided in divisions (C)(2) and 7,540
(D)(2) of this section, the same fees apply to private operators 7,541
and to the state and its political subdivisions and shall be paid 7,542
within thirty days after the issuance of a license. The fees 7,543
include the cost of licensing, all inspections, and other costs 7,544
associated with the administration of the scrap tire provisions 7,545
of this chapter and rules adopted under them. Each license shall 7,546
specify that it is conditioned upon payment of the applicable fee 7,547
172
to the board of health or the director of environmental 7,548
protection, as appropriate, within thirty days after the issuance 7,550
of the license.
(F) The board of health shall retain fifteen thousand 7,552
dollars of each license fee collected by the board under division 7,553
(B) of this section, or the entire amount of any such fee that is 7,554
less than fifteen thousand dollars, and the entire amount of each 7,555
license fee collected by the board under divisions (A), (C), and 7,556
(D) of this section. The moneys retained shall be paid into a 7,557
special fund, which is hereby created in each health district, 7,558
and used solely to administer and enforce the scrap tire 7,559
provisions of this chapter and rules adopted under them. The 7,560
remainder, if any, of each license fee collected by the board 7,561
under division (B) of this section shall be transmitted to the 7,562
director within forty-five days after receipt of the fee. 7,564
(G) The director shall transmit the moneys received by the 7,566
director from license fees collected under division (B) of this 7,567
section to the treasurer of state to be credited to the scrap 7,568
tire management fund, which is hereby created in the state 7,569
treasury. The fund shall consist of all federal moneys received 7,570
by the environmental protection agency for the scrap tire 7,571
management program; all grants, gifts, and contributions made to 7,572
the director for that program; and all other moneys that may be 7,573
provided by law for that program. The director shall use moneys 7,574
in the fund as follows: 7,575
(1) Expend not more than seven hundred fifty thousand 7,577
dollars during each fiscal year to implement, administer, and 7,579
enforce the scrap tire provisions of this chapter and rules 7,580
adopted under them; 7,581
(2) For fiscal years 1998 and 1999, grant not more than 7,585
one hundred fifty thousand dollars during each fiscal year to the 7,586
polymer institute at the university of Akron for the purpose of 7,587
expediting research concerning and evaluation of alternative 7,588
methods of recycling scrap tires. The institute shall report to 7,589
173
the director annually concerning research programs under review, 7,590
and the results of scrap tire recycling experiments conducted, by 7,591
or in conjunction with the institute. The university shall report 7,592
to the director biennially concerning the expenditures of moneys 7,593
received by the institute under division (G)(2) of this section. 7,594
(3) During each of fiscal years 1998, 1999, and 2000, 7,597
request the director of budget and management to, and the 7,599
director of budget and management shall, transfer one million 7,600
dollars to the facilities establishment fund created in section 7,601
166.03 of the Revised Code for the purposes specified in that 7,602
section;
(4) Except as otherwise provided in division (H)(2) of 7,606
this section, expend not more than three million dollars during 7,608
each of fiscal years 1998, 1999, and 2000 to conduct removal 7,610
actions under section 3734.85 of the Revised Code. Prior to 7,611
using any moneys in the fund for that purpose in a fiscal year, 7,612
the director shall request the approval of the controlling board 7,613
for that use of the moneys. The request shall be accompanied by 7,614
a plan describing the removal actions to be conducted during the 7,615
fiscal year and an estimate of the costs of conducting them. The 7,616
controlling board shall approve the plan only if the board finds 7,617
that the proposed removal actions are in accordance with the 7,618
priorities set forth in division (B) of section 3734.85 of the 7,619
Revised Code and that the costs of conducting them are 7,620
reasonable. 7,621
(5) Annually transfer to the central support indirect fund 7,623
created in section 3745.014 of the Revised Code an amount equal 7,625
to not more than twelve per cent of each fiscal year's 7,626
appropriation to the scrap tire management fund.
(H)(1) If, during fiscal year 1997, 1998, 1999, or 2000, 7,628
more than three million five hundred thousand dollars are 7,630
credited to the scrap tire management fund, the director, at the 7,631
conclusion of the fiscal year, shall request the director of 7,633
budget and management to, and the director of budget and 7,634
174
management shall, transfer to the facilities establishment fund 7,636
one-half of the moneys credited to the scrap tire management fund 7,637
in excess of that amount. 7,638
(2) In each of fiscal years 1998, 1999, and 2000, if more 7,641
than three million five hundred thousand dollars are credited to 7,642
the scrap tire management fund during the preceding fiscal year, 7,643
the director, in addition to the amount authorized under division 7,644
(G)(4) of this section, shall expend during the current fiscal 7,645
year one-half of that excess amount to conduct removal operations 7,646
under section 3734.85 of the Revised Code. 7,647
(I) AFTER THE ACTIONS IN DIVISIONS (G)(1) TO (4) AND (H) 7,650
OF THIS SECTION ARE COMPLETED DURING EACH OF FISCAL YEARS 1998,
1999, AND 2000, THE DIRECTOR MAY EXPEND UP TO THE BALANCE 7,651
REMAINING FROM PRIOR FISCAL YEARS IN THE SCRAP TIRE MANAGEMENT 7,652
FUND TO CONDUCT REMOVAL ACTIONS UNDER SECTION 3734.85 OF THE 7,653
REVISED CODE. PRIOR TO USING ANY MONEYS IN THE FUND FOR THAT
PURPOSE IN A FISCAL YEAR, THE DIRECTOR SHALL REQUEST THE APPROVAL 7,654
OF THE CONTROLLING BOARD FOR THAT USE OF THE MONEYS. THE REQUEST 7,655
SHALL BE ACCOMPANIED BY A PLAN DESCRIBING THE REMOVAL ACTIONS TO 7,656
BE CONDUCTED DURING THE FISCAL YEAR AND AN ESTIMATE OF THE COSTS 7,657
OF CONDUCTING THEM. THE CONTROLLING BOARD SHALL APPROVE THE PLAN 7,658
ONLY IF THE BOARD FINDS THAT THE PROPOSED REMOVAL ACTIONS ARE IN 7,659
ACCORDANCE WITH THE PRIORITIES SET FORTH IN DIVISION (B) OF 7,660
SECTION 3734.85 OF THE REVISED CODE AND THAT THE COSTS OF
CONDUCTING THEM ARE REASONABLE. 7,661
Sec. 4123.40. During the six months immediately preceding 7,670
the first day of each regular session of the general assembly, 7,671
the office of budget and management shall communicate to the 7,672
bureau THE ADMINISTRATOR of workers' compensation an SHALL 7,674
estimate of the gross payroll of all state employers for the 7,675
succeeding biennium or fiscal year. 7,676
Upon receipt thereof the THE administrator of workers' 7,678
compensation shall determine and certify for the office of budget 7,679
and management that rate or rates which when applied to the gross 7,680
175
payroll estimate will produce an amount equal to the estimated 7,681
cost of awards OR PAYMENTS to be made during the like fiscal 7,682
period, as determined by the administrator. 7,683
The rate certified shall be applied and made a part of the 7,685
gross payroll calculation for the period for which the foregoing 7,686
estimates have been made, in conformity with section 125.21 of 7,687
the Revised Code. The amounts collected shall be remitted to the 7,688
bureau as provided in section 125.21 of the Revised Code. 7,689
If the amounts remitted to the bureau for a fiscal period 7,691
are greater or less than actual awards OR PAYMENTS for the like 7,692
period by reason of an error in the prior estimates of gross 7,694
payroll or awards OR PAYMENTS, the overage or shortage shall be 7,695
included by the administrator in determining the rate for the 7,696
next succeeding fiscal period. 7,697
In fixing the amount of contribution to be made by the 7,699
state and each of its departments, agencies, and 7,700
instrumentalities, the administrator shall classify departments, 7,701
agencies, and instrumentalities into such groups as will 7,702
equitably determine the contributions in accordance with their 7,703
individual accident experience so that the state and its 7,704
departments, agencies, and instrumentalities contribute an amount 7,705
sufficient to meet individual obligations and maintain a solvent 7,706
public insurance fund. 7,707
Moneys collected from state employers shall not be used to 7,709
pay compensation or other benefits attributable to service of 7,710
persons as employees of counties or taxing districts therein, nor 7,711
shall moneys collected from counties and taxing districts therein 7,712
be used to pay compensation or other benefits attributable to 7,713
service of persons as employees of the state. 7,714
Sec. 4701.10. (A) Permits to practice public accounting 7,724
shall be issued by the accountancy board to holders of the 7,725
certificate of certified public accountant issued under section 7,726
4701.06 or 4701.061 of the Revised Code and to persons registered 7,727
under sections 4701.07 and 4701.09 of the Revised Code. Subject 7,728
176
to division (D)(1) of this section, there shall be a triennial 7,729
permit fee in an amount to be determined by the board not to 7,730
exceed one hundred fifty dollars. All permits shall expire on 7,731
the last day of December of the year assigned by the board and, 7,732
subject to division (D)(1) of this section, shall be renewed 7,733
triennially for a period of three years by certificate holders 7,734
and registrants in good standing upon payment of a triennial 7,735
renewal fee not to exceed one hundred fifty dollars. For the
purpose of implementing this section and enforcing section 7,737
4701.11 of the Revised Code, the board may issue a permit for 7,738
less than three years' duration. A prorated fee shall be
determined by the board for such permit. Renewal of permits 7,739
shall be according to the standard renewal procedure of sections 7,740
4745.01 to 4745.03 of the Revised Code. Failure of any 7,741
certificate holder or registrant to apply for a triennial permit 7,742
to practice within three years from the expiration date of the 7,743
permit to practice last obtained or renewed, or three years from 7,744
the date upon which the certificate holder or registrant was 7,745
granted his A certificate or registration, shall result in 7,746
suspension of such certificate or registration unless the board 7,747
determines such failure to have been due to excusable neglect. 7,748
In such case the renewal fee or the fee for the issuance of the 7,749
original permit, as the case may be, shall be such amount as the 7,750
board shall determine, but not in excess of fifty dollars plus 7,751
the fee for each triennial period or part of a period the 7,752
certificate holder or registrant did not have a permit. 7,753
(B) All certificate holders and registrants who are not in 7,755
the practice of public accounting in this state shall register 7,756
with the board every three years at a fee, not to exceed 7,757
fifty-five dollars, established by the board. Such persons shall 7,758
not convey to the general public that they are actively engaged 7,759
in the practice of public accounting in this state. 7,760
(C) The board shall suspend the certificate or 7,762
registration of any person failing to obtain a permit in 7,763
177
accordance with this section except that the board may by rule 7,764
exempt persons from the requirement of holding a permit for such 7,765
reasons as retirement, health reasons, military service, foreign 7,766
residency, or other just cause. 7,767
(D)(1) On and after January 1, 1995, the board shall, by 7,769
rule adopted in accordance with Chapter 119. of the Revised Code, 7,770
increase the triennial permit and renewal fee imposed pursuant to 7,771
this section by at least fifteen dollars but no more than thirty 7,772
dollars. 7,773
(2) Beginning with the first quarter of 1995 and each 7,775
quarter thereafter, the board, for the purpose provided in 7,776
section 4743.05 of the Revised Code, shall certify to the 7,777
director of budget and management the number of triennial permits 7,778
renewed under this chapter during the preceding quarter and the 7,779
amount equal to that number times the amount by which the 7,780
triennial permit and renewal fee is increased by the board under 7,781
division (D)(1) of this section. 7,782
Sec. 4701.20. All receipts of the accountancy board shall 7,791
be deposited in the state treasury to the credit of the 7,792
occupational licensing and regulatory fund, EXCEPT THAT ANY 7,793
PAYMENT MADE TO THE BOARD IN CONNECTION WITH AN APPLICATION FOR 7,794
EXAMINATION OR FOR A PERMIT, REGISTRATION, OR CERTIFICATE SHALL 7,795
BE DEPOSITED ONLY AFTER THE BOARD APPROVES THE APPLICATION. IN
THE EVENT THE APPLICATION IS NOT APPROVED, THE BOARD SHALL RETURN 7,796
THE PAYMENT TO THE APPLICANT. All 7,797
ALL vouchers of the board shall be approved by the board 7,800
president or executive secretary, or both, as authorized by the 7,801
board.
Sec. 4743.05. Except as otherwise provided in sections 7,810
4701.20, 4723.061, and 4729.65 of the Revised Code, all money 7,811
collected under Chapters 3773., 4701., 4703., 4709., 4713., 7,812
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 7,813
4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code 7,814
shall be paid into the state treasury to the credit of the 7,815
178
occupational licensing and regulatory fund, which is hereby 7,816
created for use in administering such chapters. Money deposited 7,817
to the credit of the fund under section 4731.24 of the Revised 7,818
Code shall be used until July 1, 1998, for administering Chapters 7,819
4730. and 4731. of the Revised Code. 7,820
At the end of each quarter, the director OF BUDGET AND 7,822
MANAGEMENT shall transfer from the occupational licensing and 7,824
regulatory fund to the nurse education assistance fund created in 7,825
section 3333.28 of the Revised Code the amount certified to the 7,826
director under division (B) of section 4723.08 of the Revised 7,827
Code.
At the end of the first quarter of 1995 and at the end of 7,829
each quarter thereafter, the director shall transfer from the 7,830
occupational licensing and regulatory fund to the certified 7,831
public accountant education assistance fund created in section 7,832
4701.26 of the Revised Code the amount certified to the director 7,834
under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used 7,843
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 7,844
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 7,845
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 7,846
4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715., 4717., 7,847
4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 7,848
4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 7,849
4766., 4773., and 4775. of the Revised Code, means the license 7,850
renewal procedures specified in this chapter. 7,851
(B) "Licensing agency," as used in this chapter, means any 7,853
department, division, board, section of a board, or other state 7,854
governmental unit subject to the standard renewal procedure, as 7,855
defined in this section, and authorized by the Revised Code to 7,856
issue a license to engage in a specific profession, occupation, 7,857
or occupational activity, or to have charge of and operate 7,858
certain specified equipment, machinery, or premises. 7,859
(C) "License," as used in this chapter, means a license, 7,861
179
certificate, permit, card, or other authority issued or conferred 7,862
by a licensing agency by authority of which the licensee has or 7,863
claims the privilege to engage in the profession, occupation, or 7,864
occupational activity, or to have control of and operate certain 7,865
specific equipment, machinery, or premises, over which the 7,866
licensing agency has jurisdiction. 7,867
(D) "Licensee," as used in this chapter, means either the 7,869
person to whom the license is issued or renewed by a licensing 7,870
agency, or the person, partnership, or corporation at whose 7,871
request the license is issued or renewed. 7,872
(E) "Renewal" and "renewed," as used in this chapter and 7,874
in the chapters of the Revised Code specified in division (A) of 7,875
this section, includes the continuing licensing procedure 7,876
provided in Chapter 3748. of the Revised Code and rules adopted 7,878
under it and in sections 1321.05 and 3921.33 of the Revised Code, 7,879
and as applied to those continuing licenses any reference in this 7,881
chapter to the date of expiration of any license shall be 7,882
construed to mean the due date of the annual or other fee for the 7,883
continuing license.
Sec. 4981.091. THERE IS HEREBY CREATED IN THE STATE 7,885
TREASURY THE FEDERAL RAIL FUND. THE FUND SHALL CONSIST OF MONEY 7,887
RECEIVED PURSUANT TO SECTION 4981.08 OF THE REVISED CODE AND SUCH 7,888
OTHER MONEY AS MAY BE PROVIDED BY LAW. THE FUND SHALL BE USED TO 7,889
ACQUIRE, REHABILITATE, OR DEVELOP RAIL PROPERTY OR SERVICE; TO 7,890
PARTICIPATE IN THE ACQUISITION OF RAIL PROPERTY WITH THE FEDERAL 7,891
GOVERNMENT, MUNICIPAL CORPORATIONS, TOWNSHIPS, COUNTIES, OR OTHER 7,892
GOVERNMENTAL AGENCIES; AND TO PROMOTE, PLAN, DESIGN, CONSTRUCT, 7,893
OPERATE, AND MAINTAIN PASSENGER AND FREIGHT RAIL TRANSPORTATION 7,894
SYSTEMS. THE FUND ALSO MAY BE USED TO PAY THE ADMINISTRATIVE 7,895
COSTS OF THE OHIO RAIL DEVELOPMENT COMMISSION ASSOCIATED WITH 7,896
CONDUCTING ANY AUTHORIZED RAIL PROGRAM, AND FOR ANY PURPOSE
AUTHORIZED BY SECTIONS 4981.03 AND 5501.56 OF THE REVISED CODE. 7,897
THE FUND SHALL NOT BE USED TO PROVIDE LOAN GUARANTEES. 7,898
INVESTMENT EARNINGS ON MONEYS CREDITED TO THE FUND SHALL BE 7,899
180
RETAINED BY THE FUND.
IN ACQUIRING RAIL PROPERTY, THE OHIO RAIL DEVELOPMENT 7,901
COMMISSION MAY OBTAIN ACQUISITION LOANS FROM THE FEDERAL 7,903
GOVERNMENT OR FROM ANY OTHER SOURCE.
Sec. 5101.93. (A) There is hereby established a welfare 7,913
oversight council consisting of eight voting members, four of 7,914
whom shall be members of the house of representatives, two 7,915
appointed by the speaker and two appointed by the minority leader 7,916
of the house of representatives, not more than two of whom shall 7,917
be members of the same political party, and four of whom shall be 7,918
members of the senate, two appointed by the president and two 7,919
appointed by the minority leader of the senate, not more than two 7,920
of whom shall be members of the same political party. The 7,921
director of administrative services, the administrator of the 7,922
bureau of employment services, and the director of human services 7,923
shall be ex officio nonvoting members and two representatives of 7,924
the general public appointed by the governor shall be nonvoting 7,925
members of the council. The council may, by a majority vote, add 7,927
other nonvoting members to the council. A vacancy on the council 7,929
shall be filled in the same manner as the original appointment. 7,930
(B) The speaker of the house of representatives shall 7,932
designate the initial chairperson of the welfare oversight 7,933
council and the president of the senate shall designate the 7,934
initial vice-chairperson of the council. Thereafter, the 7,935
authority to designate the chairperson and the vice-chairperson 7,936
shall alternate between the speaker of the house and the 7,937
president of the senate. The chairperson and vice-chairperson 7,938
and other members of the council shall serve one-year terms. 7,939
The council shall meet at least twice FOUR TIMES a year in 7,942
Columbus or other locations selected by the chairperson to 7,943
monitor and review the Ohio works first program established under 7,944
Chapter 5107. of the Revised Code, INCLUDING SANCTIONS IMPOSED 7,945
UNDER SECTION 5107.16 OF THE REVISED CODE; the prevention,
retention, and contingency program established under Chapter 7,947
181
5108. of the Revised Code; and the department of human services, 7,948
county departments of human services, child support enforcement 7,949
agencies, and public children services agencies. The council may 7,950
visit the department, county departments, and agencies. 7,951
The chairperson of the council shall determine the agenda 7,954
for each meeting of the council, except that if at least four 7,955
legislative members of the council submit a written request to 7,956
the chairperson to consider an item, the chairperson shall place 7,957
the item on the agenda of the council's next regularly scheduled 7,958
meeting occurring more than ten days after the written request is 7,959
submitted to the chairperson.
(C) The members of the welfare oversight council shall 7,961
serve without compensation but shall be reimbursed for their 7,962
actual and necessary expenses incurred in the discharge of their 7,963
official duties. In the discharge of its duties the council may 7,965
issue subpoenas compelling the attendance of witnesses and the 7,966
production of any records of the department of human services or 7,967
local agencies. The council shall adopt rules to implement this 7,968
section.
(D) The welfare oversight council shall advise the general 7,970
assembly on the performance of the department of human services, 7,972
county departments of human services, child support enforcement 7,973
agencies, and public children services agencies. The council 7,974
shall submit recommendations to the general assembly for any 7,975
changes in law that the council considers necessary or 7,976
appropriate. Between lines 9,970a and 9,979, insert: 7,977
Sec. 5104.32. (A) Except as provided in division (C) of 7,987
this section, all purchases of publicly funded child day-care 7,988
shall be made under a contract entered into by a licensed child 7,989
day-care center, licensed type A family day-care home, certified 7,990
type B family day-care home, certified in-home aide, approved 7,991
child day camp, licensed preschool program, or licensed school 7,992
child program and the county department of human services. A 7,993
county department of human services may enter into a contract 7,994
182
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 7,995
unspecified period of time. All contracts for publicly funded 7,996
child day-care shall be contingent upon the availability of state 7,997
and federal funds. The department of human services shall 7,998
prescribe a standard form to be used for all contracts for the 7,999
purchase of publicly funded child day-care, regardless of the 8,000
source of public funds used to purchase the child day-care. To 8,001
the extent permitted by federal law and notwithstanding any other 8,002
provision of the Revised Code that regulates state or county 8,003
contracts or contracts involving the expenditure of state, 8,004
county, or federal funds, all contracts for publicly funded child 8,005
day-care shall be entered into in accordance with the provisions 8,006
of this chapter and are exempt from any other provision of the 8,007
Revised Code that regulates state or county contracts or 8,008
contracts involving the expenditure of state, county, or federal 8,009
funds. 8,010
(B) Each contract for publicly funded child day-care shall 8,012
specify at least the following: 8,013
(1) That EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 8,015
SECTION, THAT the provider of publicly funded child day-care 8,016
agrees to be paid for rendering services at the lower of the rate 8,017
customarily charged by the provider for children enrolled for 8,018
child day-care or the rate of reimbursement established pursuant 8,020
to section 5104.30 of the Revised Code;
(2) IF THE PROVIDER PROVIDES PUBLICLY FUNDED CHILD 8,022
DAY-CARE TO CARETAKER PARENTS WHO WORK NONTRADITIONAL HOURS, THAT 8,023
THE PROVIDER IS TO BE PAID FOR RENDERING SERVICES TO THOSE 8,024
CARETAKER PARENTS AT THE RATE OF REIMBURSEMENT ESTABLISHED 8,025
PURSUANT TO SECTION 5104.30 OF THE REVISED CODE REGARDLESS OF 8,027
WHETHER THAT RATE IS HIGHER THAN THE RATE THE PROVIDER 8,028
CUSTOMARILY CHARGES FOR CHILDREN ENROLLED FOR CHILD DAY-CARE; 8,029
(3) That, if a provider provides child day-care to an 8,031
individual potentially eligible for publicly funded child 8,032
183
day-care who is subsequently determined to be eligible, the 8,033
county department agrees to pay for all child day-care provided 8,034
between the date the county department receives the individual's 8,035
completed application and the date the individual's eligibility 8,036
is determined; 8,037
(3)(4) Whether the county department of human services, 8,039
the provider, or a child day-care resource and referral service 8,040
organization will make eligibility determinations, whether the 8,041
provider or a child day-care resource and referral service 8,042
organization will be required to collect information to be used 8,043
by the county department to make eligibility determinations, and 8,044
the time period within which the provider or child day-care 8,045
resource and referral service organization is required to 8,046
complete required eligibility determinations or to transmit to 8,047
the county department any information collected for the purpose 8,048
of making eligibility determinations; 8,049
(4)(5) That the provider shall continue to be licensed, 8,051
approved, or certified pursuant to this chapter or sections 8,052
3301.52 to 3301.59 of the Revised Code and shall comply with all 8,053
standards and other requirements in this chapter and those 8,054
sections and in rules adopted pursuant to this chapter or those 8,055
sections for maintaining the provider's license, approval, or 8,056
certification; 8,057
(5)(6) Whether the provider will be paid by the county 8,059
department of human services or the state department of human 8,060
services; 8,061
(6)(7) That the contract is subject to the availability of 8,063
state and federal funds. 8,064
(C) Unless specifically prohibited by federal law, the 8,066
county department of human services shall give individuals 8,067
eligible for publicly funded child day-care the option of 8,068
obtaining certificates for payment that the individual may use to 8,069
purchase services from any provider qualified to provide publicly 8,070
funded child day-care under section 5104.31 of the Revised Code. 8,071
184
Providers of publicly funded child day-care may present these 8,072
certificates for payment for reimbursement in accordance with 8,073
rules that the department of human services shall adopt. Only 8,074
providers may receive reimbursement for certificates for payment. 8,075
The value of the certificate for payment shall be based on the 8,076
lower of the rate customarily charged by the provider or the rate 8,078
of reimbursement established pursuant to section 5104.30 of the 8,079
Revised Code, UNLESS THE PROVIDER PROVIDES PUBLICLY FUNDED CHILD 8,080
DAY-CARE TO CARETAKER PARENTS WHO WORK NONTRADITIONAL HOURS, IN 8,081
WHICH CASE THE VALUE OF THE CERTIFICATE FOR PAYMENT FOR THE 8,082
SERVICES TO THOSE CARETAKER PARENTS SHALL BE BASED ON THE RATE OF 8,083
REIMBURSEMENT ESTABLISHED PURSUANT TO THAT SECTION REGARDLESS OF 8,084
WHETHER THAT RATE IS HIGHER THAN THE RATE CUSTOMARILY CHARGED BY 8,085
THE PROVIDER. The county department may provide the certificates 8,087
for payment to the individuals or may contract with child 8,088
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 8,089
publicly funded child day-care pursuant to contracts entered into 8,090
under section 5104.34 of the Revised Code for the providers or 8,091
resource and referral service organizations to provide the 8,092
certificates for payment to individuals whom they determine are 8,093
eligible for publicly funded child day-care. 8,094
Sec. 5104.34. (A)(1) Each county department of human 8,103
services shall implement procedures for making determinations of 8,104
eligibility for publicly funded child day-care. Under those 8,105
procedures, the eligibility determination for each applicant 8,106
shall be made no later than thirty calendar days from the date 8,107
the county department receives a completed application for 8,108
publicly funded child day-care. Each applicant shall be notified 8,109
promptly of the results of the eligibility determination. An 8,110
applicant aggrieved by a decision or delay in making an 8,111
eligibility determination may appeal the decision or delay to the 8,112
department of human services in accordance with section 5101.35 8,113
of the Revised Code. The due process rights of applicants shall 8,114
185
be protected. 8,115
To the extent permitted by federal law, the county 8,117
department may make all determinations of eligibility for 8,118
publicly funded child day-care, may contract with child day-care 8,119
providers or child day-care resource and referral service 8,120
organizations for the providers or resource and referral service 8,121
organizations to make all or any part of the determinations, and 8,122
may contract with child day-care providers or child day-care 8,123
resource and referral service organizations for the providers or 8,124
resource and referral service organizations to collect specified 8,125
information for use by the county department in making 8,126
determinations. If a county department contracts with a child 8,127
day-care provider or a child day-care resource and referral 8,128
service organization for eligibility determinations or for the 8,129
collection of information, the contract shall require the 8,130
provider or resource and referral service organization to make 8,131
each eligibility determination no later than thirty calendar days 8,132
from the date the provider or resource and referral organization 8,133
receives a completed application that is the basis of the 8,134
determination and to collect and transmit all necessary 8,135
information to the county department within a period of time that 8,136
enables the county department to make each eligibility 8,137
determination no later than thirty days after the filing of the 8,138
application that is the basis of the determination. 8,139
The county department may station employees of the 8,141
department in various locations throughout the county and may 8,142
assign employees of the department to hours of employment outside 8,143
the normal working hours of the department to collect information 8,144
relevant to applications for publicly funded child day-care and 8,145
to make eligibility determinations. The county department, child 8,146
day-care provider, and child day-care resource and referral 8,147
service organization shall make each determination of eligibility 8,148
for publicly funded child day-care no later than thirty days 8,149
after the filing of the application that is the basis of the 8,150
186
determination, shall make each determination in accordance with 8,151
any relevant rules adopted pursuant to section 5104.38 of the 8,152
Revised Code, and shall notify promptly each applicant for 8,153
publicly funded child day-care of the results of the 8,154
determination of the applicant's eligibility. 8,155
On or before October 1, 1991, the department of human 8,157
services shall adopt rules in accordance with Chapter 119. of the 8,158
Revised Code for monitoring the eligibility determination 8,159
process. In accordance with those rules, the state department 8,160
shall monitor eligibility determinations made by county 8,161
departments of human services and shall direct any entity that is 8,162
not in compliance with this division or any rule adopted under 8,163
this division to implement corrective action specified by the 8,164
department. 8,165
(2) All eligibility determinations for publicly funded 8,168
child day-care shall be made in accordance with rules adopted by 8,169
the department of human services pursuant to division (A) of 8,170
section 5104.38 of the Revised Code AND, IF A COUNTY DEPARTMENT 8,172
OF HUMAN SERVICES SPECIFIES, PURSUANT TO RULES ADOPTED UNDER 8,173
DIVISION (B) OF THAT SECTION, A MAXIMUM AMOUNT OF INCOME A FAMILY 8,175
MAY HAVE TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE, THE 8,176
INCOME MAXIMUM SPECIFIED BY THE COUNTY DEPARTMENT. Publicly 8,177
funded child day-care may be provided only to eligible infants, 8,178
toddlers, preschool children, and school children under age 8,179
thirteen. For an applicant to be eligible for publicly funded 8,180
child day-care, the caretaker parent must be employed or 8,181
participating in a program of education or training for an amount 8,182
of time reasonably related to the time that the parent's children 8,183
are receiving publicly funded child day-care. This restriction 8,184
does not apply to families whose children are eligible for
protective or special needs day-care. 8,185
Subject to available funds, the A COUNTY department OF 8,187
HUMAN SERVICES shall allow a family to continue to receive 8,189
publicly funded child day-care until UNLESS the family's income 8,190
187
exceeds one hundred fifty per cent of the federal poverty line 8,191
THE MAXIMUM INCOME ELIGIBILITY LIMIT. Initial and continued 8,193
eligibility for publicly funded child day-care is subject to 8,194
available funds unless the family is receiving transitional child
day-care as provided under this section, participating in the 8,195
Ohio works first program established under Chapter 5107. of the 8,197
Revised Code, or was receiving publicly funded child day-care on 8,199
October 1, 1997, and has a family income below one hundred fifty 8,200
per cent of the federal poverty line. If the department must 8,201
limit eligibility due to lack of available funds, it shall give 8,202
first priority for publicly funded child day-care to an 8,203
assistance group whose income is not more than one hundred fifty 8,204
per cent of the federal poverty line THE MAXIMUM INCOME
ELIGIBILITY LIMIT that received transitional child day-care in 8,206
the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall 8,207
continue to receive priority for publicly funded child day-care 8,208
until its income exceeds one hundred fifty per cent of the 8,209
federal poverty line THE MAXIMUM INCOME ELIGIBILITY LIMIT. 8,210
(3) An assistance group that ceases to participate in the 8,212
Ohio works first program established under Chapter 5107. of the 8,214
Revised Code is eligible for transitional child day-care at any 8,216
time during the immediately following twelve-month period that 8,217
both of the following apply:
(a) The assistance group requires child day-care due to 8,219
employment; 8,220
(b) The assistance group's income is not more than one 8,222
hundred fifty per cent of the federal poverty line. 8,223
An assistance group ineligible to participate in the Ohio 8,225
works first program pursuant to section 5101.83 or section 8,226
5107.16 of the Revised Code is not eligible for transitional 8,229
child day-care. 8,230
(B) To the extent permitted by federal law, a county 8,232
department of human services may require a caretaker parent 8,233
188
determined to be eligible for publicly funded child day-care to 8,234
pay a fee according to the schedule of fees established in rules 8,235
adopted under section 5104.38 of the Revised Code. Each county 8,236
department shall make protective day-care services available to 8,239
children without regard to the income or assets of the caretaker 8,240
parent of the child. 8,241
(C) A caretaker parent receiving publicly funded child 8,243
day-care shall report to the entity that determined eligibility 8,245
any changes in status with respect to employment or participation 8,246
in a program of education or training.
(D) If a county department of human services determines 8,248
that available resources are not sufficient to provide publicly 8,249
funded child day-care to all eligible families who request it, 8,250
the county department may establish a waiting list. A county 8,251
department may establish separate waiting lists within the 8,252
waiting list based on income. When resources become available to 8,254
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 8,255
assess the needs of the next family scheduled to receive publicly 8,257
funded child day-care. If the assessment demonstrates that the 8,258
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 8,259
family. If the county department determines that the family is 8,260
no longer eligible or no longer needs publicly funded child 8,261
day-care, the county department shall remove the family from the 8,262
waiting list.
(E) AS USED IN THIS SECTION, "MAXIMUM INCOME ELIGIBILITY 8,265
LIMIT" MEANS THE AMOUNT OF INCOME SPECIFIED IN RULES ADOPTED 8,266
UNDER DIVISION (A) OF SECTION 5104.38 OF THE REVISED CODE OR, IF 8,269
A COUNTY DEPARTMENT OF HUMAN SERVICES SPECIFIES A HIGHER AMOUNT 8,270
PURSUANT TO RULES ADOPTED UNDER DIVISION (B) OF THAT SECTION, THE 8,272
AMOUNT THE COUNTY DEPARTMENT SPECIFIES.
Sec. 5104.35. (A) The county department of human services 8,281
shall do all of the following: 8,282
189
(1) Accept any gift, grant, or other funds from either 8,284
public or private sources offered unconditionally or under 8,285
conditions which are, in the judgment of the department, proper 8,286
and consistent with this chapter and deposit the funds in the 8,287
county public assistance fund established by section 5101.161 of 8,288
the Revised Code; 8,289
(2) Recruit individuals and groups interested in 8,291
certification as in-home aides or in developing and operating 8,292
suitable licensed child day-care centers, type A family day-care 8,293
homes, or certified type B family day-care homes, especially in 8,294
areas with high concentrations of recipients of public 8,295
assistance, and for that purpose provide consultation to 8,296
interested individuals and groups on request; 8,297
(3) Inform clients of the availability of child day-care 8,299
services; 8,300
(4) Pay to a child day-care center, type A family day-care 8,302
home, certified type B family day-care home, in-home aide, 8,303
approved child day camp, licensed preschool program, or licensed 8,304
school child program for child day-care services, an THE amount 8,305
equal to the amount customarily charged by the center, type A 8,307
home, type B home, in-home aide, approved child day camp, or 8,308
program when the full fee is paid, except that the amount of 8,309
assistance shall not exceed the maximum rate established by the 8,310
state department of human services PROVIDED FOR IN DIVISION (B) 8,311
OF SECTION 5104.32 OF THE REVISED CODE. If part of the cost of 8,312
care of a child is paid by the child's parent or any other 8,313
person, the amount paid shall be subtracted from the customary 8,314
charge or the maximum rate, whichever is lower, prior to payment 8,315
by AMOUNT the COUNTY department PAYS. 8,317
(5) In accordance with rules adopted pursuant to section 8,319
5104.39 of the Revised Code, provide monthly reports to the 8,320
director of human services and the director of budget and 8,321
management regarding expenditures for the purchase of publicly 8,322
funded child day-care. 8,323
190
(B) The county department of human services may do any of 8,325
the following: 8,326
(1) To the extent permitted by federal law, use public 8,328
child day-care funds to extend the hours of operation of the 8,329
county department to accommodate the needs of working caretaker 8,330
parents and enable those parents to apply for publicly funded 8,331
child day-care; 8,332
(2) In accordance with rules adopted by the state 8,334
department of human services, request a waiver of the maximum 8,335
rate of assistance that is established by the state department of 8,336
human services pursuant to section 5104.30 of the Revised Code 8,337
for the purpose of paying a higher rate for publicly funded child 8,338
day-care based upon the special needs of a child, the special 8,339
circumstances of a family, or unique child day-care market 8,340
conditions; 8,341
(3) To the extent permitted by federal law, use state and 8,343
federal funds to pay deposits and other advance payments that a 8,344
provider of child day-care customarily charges all children who 8,345
receive child day-care from that provider; 8,346
(4) To the extent permitted by federal law, pay for up to 8,348
thirty days of child day-care for a child whose caretaker parent 8,349
is seeking employment, taking part in employment orientation 8,350
activities, or taking part in activities in anticipation of 8,351
enrollment or attendance in an education or training program or 8,352
activity, if the employment or education or training program or 8,353
activity is expected to begin within the thirty-day period. 8,354
Sec. 5104.38. In addition to any other rules adopted under 8,363
this chapter, the department of human services shall adopt rules 8,364
in accordance with Chapter 119. of the Revised Code governing 8,366
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 8,367
(A) Procedures and criteria to be used in making 8,369
determinations of eligibility for publicly funded child day-care 8,370
that give priority to children of families with lower incomes and 8,372
191
procedures and criteria for eligibility for publicly funded 8,373
protective day-care. The rules shall specify the maximum amount 8,374
of income a family may have for initial AND CONTINUED 8,375
eligibility. THE MAXIMUM AMOUNT SHALL NOT EXCEED ONE HUNDRED 8,376
EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY LINE. 8,377
(B) PROCEDURES UNDER WHICH A COUNTY DEPARTMENT OF HUMAN 8,379
SERVICES MAY, IF THE DEPARTMENT, UNDER DIVISION (A) OF THIS 8,381
SECTION, SPECIFIES A MAXIMUM AMOUNT OF INCOME A FAMILY MAY HAVE 8,382
FOR ELIGIBILITY FOR PUBLICLY FUNDED CHILD DAY-CARE THAT IS LESS 8,383
THAN ONE HUNDRED EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY 8,384
LINE, SPECIFY A MAXIMUM AMOUNT OF INCOME A FAMILY RESIDING IN THE
COUNTY THE COUNTY DEPARTMENT SERVES MAY HAVE FOR INITIAL AND 8,385
CONTINUED ELIGIBILITY FOR PUBLICLY FUNDED CHILD DAY-CARE THAT IS 8,386
HIGHER THAN THE AMOUNT SPECIFIED BY THE DEPARTMENT BUT DOES NOT 8,387
EXCEED ONE HUNDRED EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY 8,388
LINE;
(C) A schedule of fees requiring all eligible caretaker 8,391
parents to pay a fee for publicly funded child day-care according 8,392
to income and family size, which shall be uniform for all types 8,393
of publicly funded child day-care, except as authorized by rule, 8,394
and, to the extent permitted by federal law, shall permit the use 8,396
of state and federal funds to pay the customary deposits and 8,397
other advance payments that a provider charges all children who 8,398
receive child day-care from that provider; 8,399
(C)(D) A formula based upon a percentage of the county's 8,401
total expenditures for publicly funded child day-care for 8,402
determining the maximum amount of state and federal funds 8,403
appropriated for publicly funded child day-care that a county 8,404
department may use for administrative purposes; 8,405
(D)(E) Procedures to be followed by the department and 8,407
county departments in recruiting individuals and groups to become 8,408
providers of child day-care; 8,409
(E)(F) Procedures to be followed in establishing state or 8,411
local programs designed to assist individuals who are eligible 8,412
192
for publicly funded child day-care in identifying the resources 8,413
available to them and to refer the individuals to appropriate 8,414
sources to obtain child day-care; 8,415
(F)(G) Procedures to deal with fraud and abuse committed 8,417
by either recipients or providers of publicly funded child 8,418
day-care;
(G)(H) Procedures for establishing a child day-care grant 8,420
or loan program in accordance with the child care block grant 8,421
act;
(H)(I) Standards and procedures for applicants to apply 8,423
for grants and loans, and for the department to make grants and 8,424
loans; 8,425
(I)(J) A definition of "person who stands in loco 8,427
parentis" for the purposes of division (HH)(1) of section 5104.01 8,429
of the Revised Code;
(J)(K) Any other rules necessary to carry out sections 8,431
5104.30 to 5104.39 of the Revised Code. 8,432
Sec. 5711.22. (A) Deposits not taxed at the source shall 8,441
be listed and assessed at their amount in dollars on the day they 8,442
are required to be listed. Moneys shall be listed and assessed 8,443
at the amount thereof in dollars on hand on the day that they are 8,444
required to be listed. In listing investments, the amount of the 8,445
income yield of each for the calendar year next preceding the 8,446
date of listing shall, except as otherwise provided in this 8,447
chapter, be stated in dollars and cents and the assessment 8,448
thereof shall be at the amount of such income yield; but any 8,449
property defined as investments in either division (A) or (B) of 8,450
section 5701.06 of the Revised Code that has not been outstanding 8,452
for the full calendar year next preceding the date of listing, 8,453
except shares of stock of like kind as other shares of the same 8,454
corporation outstanding for the full calendar year next preceding 8,455
the date of listing, or which has yielded no income during such 8,456
calendar year shall be listed and assessed as unproductive 8,457
investments, at their true value in money on the day that such 8,458
193
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 8,460
assessed at their true value in money on the day as of which the 8,461
same are required to be listed. 8,462
Shares of stock of a bank holding company, as defined in 8,464
Title 12 U.S.C.A., section 1841, which are required to be listed 8,465
for taxation under this division and upon which dividends were 8,466
paid during the year of their issuance, which dividends are 8,467
subject to taxation under the provisions of Chapter 5747. of the 8,468
Revised Code, shall be exempt from the intangibles tax for the 8,469
year immediately succeeding their issuance. If such shares bear 8,471
dividends the first calendar year after their issuance, which 8,472
dividends are subject to taxation under the provisions of Chapter 8,473
5747. of the Revised Code, it shall be deemed that the 8,474
nondelinquent intangible property tax pursuant to division (A) of 8,475
section 5707.04 of the Revised Code was paid on those dividends 8,476
paid that first calendar year after the issuance of the shares. 8,477
(B)(1) Boilers, machinery, equipment, and personal 8,479
property the true value of which is determined under division (B) 8,480
of section 5711.21 of the Revised Code shall be listed and 8,481
assessed at an amount equal to the sum of the products determined 8,482
under divisions (B)(1)(a), (b), and (c) of this section. 8,483
(a) Multiply the portion of the true value determined 8,485
under division (B)(1) of section 5711.21 of the Revised Code by 8,486
the assessment rate for the appropriate year in division (D)(E) 8,488
of this section;
(b) Multiply the portion of the true value determined 8,490
under division (B)(2) of section 5711.21 of the Revised Code by 8,491
the assessment rate in section 5727.111 of the Revised Code that 8,492
is applicable to the production equipment of an electric company; 8,493
(c) Multiply the portion of the true value determined 8,495
under division (B)(3) of section 5711.21 of the Revised Code by 8,496
the assessment rate in section 5727.111 of the Revised Code that 8,497
is applicable to the property of an electric company that is not 8,498
194
production equipment. 8,499
(2) Personal property leased to a public utility or 8,501
interexchange telecommunications company as defined in section 8,502
5727.01 of the Revised Code and used directly in the rendition of 8,503
a public utility service as defined in division (P) of section 8,504
5739.01 of the Revised Code shall be listed and assessed at the 8,505
same percentage of true value in money that such property is 8,506
required to be assessed by section 5727.111 of the Revised Code 8,507
if owned by the public utility or interexchange 8,508
telecommunications company. 8,509
(C)(1) Merchandise or an agricultural product shipped from 8,511
outside this state and held in this state in a warehouse or a 8,512
place of storage without further manufacturing or processing and 8,513
for storage only and for shipment outside this state, but that is 8,515
taxable because it does not qualify as "not used in business in 8,517
this state" under division (B)(1) or (2) of section 5701.08 of
the Revised Code, shall be listed and assessed at a rate of 8,518
twenty-five one-hundredths of its true value in money until 8,519
reduced in accordance with the following schedule: 8,520
(a) For any year, subtract five one-hundredths from the 8,522
rate at which such property was required to be listed and 8,523
assessed in the preceding year, if the total statewide collection 8,524
of all real and tangible personal property taxes for the second 8,526
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 8,527
year by more than the greater of four per cent or the rate of 8,528
increase from the third to the second preceding years in the 8,529
average consumer price index (all urban consumers, all items) 8,530
prepared by the bureau of labor statistics of the United States 8,531
department of labor;
(b) If no reduction in the assessment rate is made for a 8,533
year, the rate is the same as for the preceding year. 8,534
(2) Each year until the year the assessment rate equals 8,536
zero, the tax commissioner shall determine the assessment rate 8,537
195
required under this division and shall notify all county auditors 8,538
of that rate.
(3) Notwithstanding provisions to the contrary in division 8,540
(B) of section 5701.08 of the Revised Code, during and after the 8,541
year for which the assessment rate as calculated under this 8,542
division equals zero, any merchandise or agricultural product 8,543
shipped from outside this state and held in this state in any 8,544
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 8,545
shipment outside this state to any person for any purpose is not 8,546
used in business in this state for property tax purposes. 8,548
(D)(1) Merchandise or an agricultural product owned by a 8,550
qualified out-of-state person shipped from outside this state and 8,552
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 8,553
for shipment inside this state, but that is taxable because it 8,554
does not qualify as "not used in business in this state" under 8,555
division (B)(1) or (2) of section 5701.08 of the Revised Code, 8,558
shall be listed and assessed at a rate of twenty-five 8,559
one-hundredths of its true value in money until reduced in 8,560
accordance with the following schedule: 8,561
(a) For any year, subtract five one-hundredths from the 8,564
rate at which such property was required to be listed and 8,565
assessed in the preceding year, if the total statewide collection 8,566
of all real and tangible personal property taxes for the second 8,567
preceding year exceeded the total statewide collection of all 8,568
real and tangible personal property taxes for the third preceding 8,569
year by more than the greater of four per cent or the rate of 8,570
increase from the third to the second preceding years in the 8,571
average consumer price index (all urban consumers, all items) 8,572
prepared by the bureau of labor statistics of the United States 8,574
department of labor; 8,575
(b) If no reduction in the assessment rate is made for a 8,578
year, the rate is the same as for the preceding year. 8,579
196
(2) Each year until the year the assessment rate equals 8,581
zero, the tax commissioner shall determine the assessment rate 8,582
required under this division and shall notify all county auditors 8,584
of that rate.
(3) Notwithstanding provisions to the contrary in division 8,587
(B) of section 5701.08 of the Revised Code, during and after the 8,589
year for which the assessment rate as calculated under this 8,590
division equals zero, any merchandise or agricultural product 8,591
described in division (D)(1) of this section is not used in 8,593
business in this state for property tax purposes. 8,594
(4) As used in division (D) of this section: 8,597
(a) "Qualified out-of-state person" means a person that 8,600
does not own, lease, or use property, other than merchandise or 8,601
an agricultural product described in this division, in this 8,602
state, and does not have employees, agents, or representatives in 8,603
this state;
(b) "Public warehouse" means a warehouse in this state 8,606
that is not subject to the control of or under the supervision of 8,607
the owner of the merchandise or agricultural product stored in 8,608
it, or staffed by the owner's employees, and from which the 8,609
property is to be shipped inside this state. 8,610
(E) Unless otherwise provided by law, all other personal 8,612
property used in business that has not been legally regarded as 8,613
an improvement on land and considered in arriving at the value of 8,614
the real property assessed for taxation shall be listed and 8,615
assessed at the rate of twenty-five per cent of its true value in 8,617
money.
Sec. 5733.04. As used in this chapter: 8,629
(A) "Issued and outstanding shares of stock" applies to 8,631
nonprofit corporations, as provided in section 5733.01 of the 8,632
Revised Code, and includes but is not limited to, membership 8,633
certificates and other instruments evidencing ownership of an 8,634
interest in such nonprofit corporations, and with respect to a 8,635
financial institution which does not have capital stock, "issued 8,636
197
and outstanding shares of stock" includes, but is not limited to, 8,637
ownership interests of depositors in the capital employed in such 8,638
an institution. 8,639
(B) "Taxpayer" means a corporation subject to the tax 8,641
imposed by section 5733.06 of the Revised Code. 8,642
(C) "Resident" means a corporation organized under the 8,644
laws of this state. 8,645
(D) "Commercial domicile" means the principal place from 8,647
which the trade or business of the taxpayer is directed or 8,648
managed. 8,649
(E) "Taxable year" means the period prescribed by division 8,652
(A) of section 5733.031 of the Revised Code upon the net income 8,654
of which the value of the taxpayer's issued and outstanding 8,655
shares of stock is determined under division (B) of section 8,657
5733.05 of the Revised Code or the period prescribed by division 8,658
(A) of section 5733.031 of the Revised Code that immediately 8,660
precedes the date as of which the total value of the corporation 8,662
is determined under division (A) or (C) of section 5733.05 of the 8,663
Revised Code.
(F) "Tax year" means the calendar year in and for which 8,665
the tax imposed by section 5733.06 of the Revised Code is 8,667
required to be paid.
(G) "Internal Revenue Code" means the "Internal Revenue 8,669
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 8,670
(H) "Federal income tax" means the income tax imposed by 8,672
the Internal Revenue Code. 8,673
(I) "Net EXCEPT AS PROVIDED IN SECTION 5733.058 OF THE 8,675
REVISED CODE, "NET income" means the taxpayer's taxable income 8,676
before operating loss deduction and special deductions, as 8,677
required to be reported for the taxpayer's taxable year under the 8,678
Internal Revenue Code, subject to the following adjustments: 8,679
(1)(a) Deduct any net operating loss incurred in any 8,681
taxable years ending in 1971 or thereafter but exclusive of any 8,682
net operating loss incurred in taxable years ending prior to 8,683
198
January 1, 1971. This deduction shall not be allowed in any tax 8,684
year commencing before December 31, 1973, but shall be carried 8,685
over and allowed in tax years commencing after December 31, 1973, 8,686
until fully utilized in the next succeeding taxable year or years 8,687
in which the taxpayer has net income, but in no case for more 8,688
than the designated carryover period as described in division 8,689
(I)(1)(b) of this section. The amount of such net operating 8,690
loss, as determined under the allocation and apportionment 8,691
provisions of section 5733.051 and division (B) of section 8,692
5733.05 of the Revised Code for the year in which the net 8,693
operating loss occurs, shall be deducted from net income, as 8,694
determined under the allocation and apportionment provisions of 8,695
section 5733.051 and division (B) of section 5733.05 of the 8,696
Revised Code, to the extent necessary to reduce net income to 8,697
zero with the remaining unused portion of the deduction, if any, 8,698
carried forward to the remaining years of the designated 8,699
carryover period as described in division (I)(1)(b) of this 8,700
section, or until fully utilized, whichever occurs first. 8,701
(b) For losses incurred in taxable years ending on or 8,703
before December 31, 1981, the designated carryover period shall 8,704
be the five consecutive taxable years after the taxable year in 8,705
which the net operating loss occurred. For losses incurred in 8,706
taxable years ending on or after January 1, 1982, the designated 8,707
carryover period shall be the fifteen consecutive taxable years 8,708
after the taxable year in which the net operating loss occurs. 8,709
(c) The tax commissioner may require a taxpayer to furnish 8,711
any information necessary to support a claim for deduction under 8,712
division (I)(1)(a) of this section and no deduction shall be 8,713
allowed unless the information is furnished. 8,714
(2) Deduct any amount included in net income by 8,716
application of section 78 or 951 of the Internal Revenue Code, 8,717
amounts received for royalties, technical or other services 8,718
derived from sources outside the United States, and dividends 8,719
received from a subsidiary, associate, or affiliated corporation 8,720
199
that neither transacts any substantial portion of its business 8,721
nor regularly maintains any substantial portion of its assets 8,722
within the United States. For purposes of determining net 8,723
foreign source income deductible under division (I)(2) of this 8,724
section, the amount of gross income from all such sources other 8,725
than income derived by application of section 78 or 951 of the 8,726
Internal Revenue Code shall be reduced by: 8,727
(a) The amount of any reimbursed expenses for personal 8,729
services performed by employees of the taxpayer for the 8,730
subsidiary, associate, or affiliated corporation; 8,731
(b) Ten per cent of the amount of royalty income and 8,733
technical assistance fees; 8,734
(c) Fifteen per cent of the amount of dividends and all 8,736
other income. 8,737
The amounts described in divisions (I)(2)(a) to (c) of this 8,739
section are deemed to be the expenses attributable to the 8,740
production of deductible foreign source income unless the 8,741
taxpayer shows, by clear and convincing evidence, less actual 8,742
expenses or the tax commissioner shows, by clear and convincing 8,743
evidence, more actual expenses. 8,744
(3) Add any loss or deduct any gain resulting from the 8,746
sale, exchange, or other disposition of a capital asset, or an 8,747
asset described in section 1231 of the Internal Revenue Code, to 8,748
the extent that such loss or gain occurred prior to the first 8,749
taxable year on which the tax provided for in section 5733.06 of 8,750
the Revised Code is computed on the corporation's net income. For 8,752
purposes of division (I)(3) of this section, the amount of the 8,753
prior loss or gain shall be measured by the difference between 8,754
the original cost or other basis of the asset and the fair market 8,755
value as of the beginning of the first taxable year on which the 8,756
tax provided for in section 5733.06 of the Revised Code is 8,757
computed on the corporation's net income. At the option of the 8,758
taxpayer, the amount of the prior loss or gain may be a
percentage of the gain or loss, which percentage shall be 8,759
200
determined by multiplying the gain or loss by a fraction, the 8,760
numerator of which is the number of months from the acquisition 8,761
of the asset to the beginning of the first taxable year on which 8,762
the fee provided in section 5733.06 of the Revised Code is 8,763
computed on the corporation's net income, and the denominator of 8,764
which is the number of months from the acquisition of the asset 8,765
to the sale, exchange, or other disposition of the asset. 8,766
(4) Deduct the dividend received deduction provided by 8,768
section 243 of the Internal Revenue Code. 8,769
(5) Deduct any interest or interest equivalent on public 8,771
obligations and purchase obligations to the extent included in 8,772
federal taxable income. As used in divisions (I)(5) and (6) of 8,773
this section, "public obligations," "purchase obligations," and 8,774
"interest or interest equivalent" have the same meanings as in 8,775
section 5709.76 of the Revised Code. 8,776
(6) Add any loss or deduct any gain resulting from the 8,778
sale, exchange, or other disposition of public obligations to the 8,779
extent included in federal taxable income. 8,780
(7) To the extent not otherwise allowed, deduct any 8,782
dividends or distributions received by a taxpayer from a public 8,783
utility, if the taxpayer owns at least eighty per cent of the 8,784
issued and outstanding common stock of the utility. As used in 8,785
division (I)(7) of this section, "public utility" or "utility" 8,786
means a public utility as defined in Chapter 5727. of the Revised 8,787
Code, whether or not the utility is doing business in the state. 8,788
(8) To the extent not otherwise allowed, deduct any 8,790
dividends received by a taxpayer from an insurance company, if 8,791
the taxpayer owns at least eighty per cent of the issued and 8,792
outstanding common stock of the insurance company. As used in 8,793
division (I)(8) of this section, "insurance company" means an 8,794
insurance company which is taxable under Chapter 5725. or 5729. 8,795
of the Revised Code. 8,796
(9) Deduct expenditures for modifying existing buildings 8,798
or structures to meet American national standards institute 8,799
201
standard A-117.1-1961 (R-1971), as amended; provided, that no 8,800
deduction shall be allowed to the extent that such deduction is 8,801
not permitted under federal law or under rules of the tax 8,802
commissioner. Those deductions as are allowed may be taken over 8,803
a period of five years. The tax commissioner shall adopt rules 8,804
under Chapter 119. of the Revised Code establishing reasonable 8,805
limitations on the extent that expenditures for modifying 8,806
existing buildings or structures are attributable to the purpose 8,807
of making the buildings or structures accessible to and usable by 8,808
physically handicapped persons. 8,809
(10) Deduct the amount of wages and salaries, if any, not 8,811
otherwise allowable as a deduction but that would have been 8,812
allowable as a deduction in computing federal taxable income 8,813
before operating loss deduction and special deductions for the 8,814
taxable year, had the targeted jobs credit allowed and determined 8,815
under sections 38, 51, and 52 of the Internal Revenue Code not 8,816
been in effect. 8,817
(11) Deduct net interest income on obligations of the 8,819
United States and its territories and possessions or of any 8,820
authority, commission, or instrumentality of the United States to 8,821
the extent the laws of the United States prohibit inclusion of 8,822
the net interest for purposes of determining the value of the 8,823
taxpayer's issued and outstanding shares of stock under division 8,824
(B) of section 5733.05 of the Revised Code. As used in division 8,825
(I)(11) of this section, "net interest" means interest net of any 8,826
expenses taken on the federal income tax return that would not 8,827
have been allowed under section 265 of the Internal Revenue Code 8,828
if the interest were exempt from federal income tax. 8,829
(12)(a) Except as set forth in division (I)(12)(d) of this 8,831
section, to the extent not included in computing the taxpayer's 8,832
federal taxable income before operating loss deduction and 8,833
special deductions, add gains and deduct losses from direct or 8,834
indirect sales, exchanges, or other dispositions, made by a 8,835
related entity who is not a taxpayer, of the taxpayer's indirect, 8,836
202
beneficial, or constructive investment in the stock or debt of 8,837
another entity, unless the gain or loss has been included in 8,838
computing the federal taxable income before operating loss 8,839
deduction and special deductions of another taxpayer with a more 8,840
closely related investment in the stock or debt of the other 8,841
entity. The amount of gain added or loss deducted shall not 8,842
exceed the product obtained by multiplying such gain or loss by 8,843
the taxpayer's proportionate share, directly, indirectly, 8,844
beneficially, or constructively, of the outstanding stock of the 8,845
related entity immediately prior to the direct or indirect sale, 8,846
exchange, or other disposition. 8,847
(b) Except as set forth in division (I)(12)(e) of this 8,849
section, to the extent not included in computing the taxpayer's 8,850
federal taxable income before operating loss deduction and 8,851
special deductions, add gains and deduct losses from direct or 8,852
indirect sales, exchanges, or other dispositions made by a 8,853
related entity who is not a taxpayer, of intangible property 8,854
other than stock, securities, and debt, if such property was 8,855
owned, or used in whole or in part, at any time prior to or at 8,856
the time of the sale, exchange, or disposition by either the 8,857
taxpayer or by a related entity that was a taxpayer at any time 8,858
during the related entity's ownership or use of such property, 8,859
unless the gain or loss has been included in computing the 8,860
federal taxable income before operating loss deduction and 8,861
special deductions of another taxpayer with a more closely 8,862
related ownership or use of such intangible property. The 8,863
amount of gain added or loss deducted shall not exceed the 8,864
product obtained by multiplying such gain or loss by the 8,865
taxpayer's proportionate share, directly, indirectly, 8,866
beneficially, or constructively, of the outstanding stock of the 8,867
related entity immediately prior to the direct or indirect sale, 8,868
exchange, or other disposition. 8,869
(c) As used in division (I)(12) of this section, "related 8,871
entity" means those entities described in divisions (I)(12)(c)(i) 8,872
203
to (iii) of this section: 8,873
(i) An individual stockholder, or a member of the 8,875
stockholder's family enumerated in section 318 of the Internal 8,876
Revenue Code, if the stockholder and the members of the 8,877
stockholder's family own, directly, indirectly, beneficially, or 8,878
constructively, in the aggregate, at least fifty per cent of the 8,879
value of the taxpayer's outstanding stock; 8,880
(ii) A stockholder, or a stockholder's partnership, 8,882
estate, trust, or corporation, if the stockholder and the 8,883
stockholder's partnerships, estates, trusts, and corporations own 8,884
directly, indirectly, beneficially, or constructively, in the 8,885
aggregate, at least fifty per cent of the value of the taxpayer's 8,886
outstanding stock; 8,887
(iii) A corporation, or a party related to the corporation 8,889
in a manner that would require an attribution of stock from the 8,890
corporation to the party or from the party to the corporation 8,891
under division (I)(12)(c)(iv) of this section, if the taxpayer 8,892
owns, directly, indirectly, beneficially, or constructively, at 8,893
least fifty per cent of the value of the corporation's 8,894
outstanding stock. 8,895
(iv) The attribution rules of section 318 of the Internal 8,897
Revenue Code apply for purposes of determining whether the 8,898
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 8,899
this section have been met. 8,900
(d) For purposes of the adjustments required by division 8,902
(I)(12)(a) of this section, the term "investment in the stock or 8,903
debt of another entity" means only those investments where the 8,904
taxpayer and the taxpayer's related entities directly, 8,905
indirectly, beneficially, or constructively own, in the 8,906
aggregate, at any time during the twenty-four month period 8,907
commencing one year prior to the direct or indirect sale, 8,908
exchange, or other disposition of such investment at least fifty 8,909
per cent or more of the value of either the outstanding stock or 8,910
such debt of such other entity. 8,911
204
(e) For purposes of the adjustments required by division 8,913
(I)(12)(b) of this section, the term "related entity" excludes 8,914
all of the following: 8,915
(i) Foreign corporations as defined in section 7701 of the 8,917
Internal Revenue Code; 8,918
(ii) Foreign partnerships as defined in section 7701 of 8,920
the Internal Revenue Code; 8,921
(iii) Corporations, partnerships, estates, and trusts 8,923
created or organized in or under the laws of the Commonwealth of 8,924
Puerto Rico or any possession of the United States; 8,925
(iv) Foreign estates and foreign trusts as defined in 8,927
section 7701 of the Internal Revenue Code. 8,928
The exclusions described in divisions (I)(12)(e)(i) to (iv) 8,930
of this section do not apply if the corporation, partnership, 8,931
estate, or trust is described in any one of divisions (C)(1) to 8,932
(5) of section 5733.042 of the Revised Code. 8,933
(f) Nothing in division (I)(12) of this section shall 8,935
require or permit a taxpayer to add any gains or deduct any 8,936
losses described in divisions (I)(12)(f)(i) and (ii) of this 8,937
section: 8,938
(i) Gains or losses recognized for federal income tax 8,940
purposes by an individual, estate, or trust without regard to the 8,941
attribution rules described in division (I)(12)(c) of this 8,942
section, and 8,943
(ii) A related entity's gains or losses described in 8,945
division (I)(12)(b) if the taxpayer's ownership of or use of such 8,946
intangible property was limited to a period not exceeding nine 8,947
months and was attributable to a transaction or a series of 8,948
transactions executed in accordance with the election or 8,949
elections made by the taxpayer or a related entity pursuant to 8,950
section 338 of the Internal Revenue Code. 8,951
(13) Any adjustment required by section 5733.042 of the 8,953
Revised Code. 8,954
(14) Add any amount claimed as a credit under section 8,957
205
5733.0611 of the Revised Code to the extent that such amount 8,960
satisfies either of the following:
(a) It was deducted or excluded from the computation of 8,962
the corporation's taxable income before operating loss deduction 8,964
and special deductions as required to be reported for the 8,965
corporation's taxable year under the Internal Revenue Code; 8,968
(b) It resulted in a reduction of the corporation's 8,970
taxable income before operating loss deduction and special 8,972
deductions as required to be reported for any of the 8,973
corporation's taxable years under the Internal Revenue Code. 8,976
(14)(15) Deduct the amount contributed by the taxpayer to 8,979
an individual development account program established by a county 8,980
department of human services pursuant to sections 329.11 to 8,981
329.14 of the Revised Code for the purpose of matching funds 8,984
deposited by program participants. On request of the tax 8,985
commissioner, the taxpayer shall provide any information that, in 8,986
the tax commissioner's opinion, is necessary to establish the 8,987
amount deducted under division (I)(14)(15) of this section. 8,988
(J) Any term used in this chapter has the same meaning as 8,990
when used in comparable context in the laws of the United States 8,991
relating to federal income taxes unless a different meaning is 8,992
clearly required. Any reference in this chapter to the Internal 8,993
Revenue Code includes other laws of the United States relating to 8,994
federal income taxes. 8,995
(K) "Financial institution" has the meaning given by 8,997
section 5725.01 of the Revised Code but does not include a 8,999
production credit association as described in 85 Stat. 597, 12 9,000
U.S.C.A. 2091. 9,002
(L)(1) A "qualifying holding company" is any corporation 9,005
satisfying all of the following requirements: 9,006
(a) Subject to divisions (L)(2) and (3) of this section, 9,009
the net book value of the corporation's intangible assets is 9,010
greater than or equal to ninety per cent of the net book value of 9,011
all of its assets and at least fifty per cent of the net book 9,012
206
value of all of its assets represents direct or indirect 9,013
investments in the equity of, loans and advances to, and accounts 9,015
receivable due from related members;
(b) At least ninety per cent of the corporation's gross 9,018
income for the taxable year is attributable to the following: 9,019
(i) The maintenance, management, ownership, acquisition, 9,021
use, and disposition of its intangible property, its aircraft the 9,023
use of which is not subject to regulation under 14 C.F.R. part 9,025
121 or part 135, and any real property described in division 9,026
(L)(2)(c) of this section; 9,028
(ii) The collection and distribution of income from such 9,031
property.
(c) The corporation is not a financial institution on the 9,034
last day of the taxable year ending prior to the first day of the 9,036
tax year;
(d) The corporation's related members make a good faith 9,039
and reasonable effort to make timely and fully the adjustments 9,040
required by division (C)(2) of section 5733.05 of the Revised 9,042
Code and to pay timely and fully all uncontested taxes, interest, 9,043
penalties, and other fees and charges imposed under this chapter; 9,044
(e) Subject to division (L)(4) of this section, the 9,047
corporation elects to be treated as a qualifying holding company 9,048
for the tax year. 9,049
A corporation otherwise satisfying divisions (L)(1)(a) to 9,053
(e) of this section that does not elect to be a qualifying 9,054
holding company is not a qualifying holding company for the 9,055
purposes of this chapter.
(2)(a)(i) For purposes of making the ninety per cent 9,058
computation under division (L)(1)(a) of this section, the net 9,061
book value of the corporation's assets shall not include the net 9,062
book value of aircraft or real property described in division 9,063
(L)(1)(b)(i) of this section. 9,065
(ii) For purposes of making the fifty per cent computation 9,068
under division (L)(1)(a) of this section, the net book value of 9,070
207
assets shall include the net book value of aircraft or real 9,071
property described in division (L)(1)(b)(i) of this section. 9,074
(b)(i) As used in division (L) of this section, 9,077
"intangible asset" includes, but is not limited to, the 9,078
corporation's direct interest in each pass-through entity only if 9,079
at all times during the corporation's taxable year ending prior 9,080
to the first day of the tax year the corporation's and the 9,081
corporation's related members' combined direct and indirect 9,082
interests in the capital or profits of such pass-through entity 9,083
do not exceed fifty per cent. If the corporation's interest in 9,084
the pass-through entity is an intangible asset for that taxable 9,085
year, then the distributive share of any income from the 9,086
pass-through entity shall be income from an intangible asset for 9,087
that taxable year.
(ii) If a corporation's and the corporation's related 9,090
members' combined direct and indirect interests in the capital or 9,091
profits of a pass-through entity exceed fifty per cent at any 9,092
time during the corporation's taxable year ending prior to the 9,093
first day of the tax year, "intangible asset" does not include 9,094
the corporation's direct interest in the pass-through entity, and 9,095
the corporation shall include in its assets its proportionate 9,096
share of the assets of any such pass-through entity and shall 9,097
include in its gross income its distributive share of the gross 9,098
income of such pass-through entity in the same form as was earned 9,099
by the pass-through entity. 9,100
(iii) A pass-through entity's direct or indirect 9,103
proportionate share of any other pass-through entity's assets 9,104
shall be included for the purpose of computing the corporation's 9,105
proportionate share of the pass-through entity's assets under 9,106
division (L)(2)(b)(ii) of this section, and such pass-through 9,108
entity's distributive share of any other pass-through entity's 9,109
gross income shall be included for purposes of computing the 9,110
corporation's distributive share of the pass-through entity's 9,111
gross income under division (L)(2)(b)(ii) of this section. 9,114
208
(c) For the purposes of divisions (L)(1)(b)(i), 9,117
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real 9,120
property is described in division (L)(2)(c) of this section only 9,122
if all of the following conditions are present at all times 9,123
during the taxable year ending prior to the first day of the tax 9,124
year:
(i) The real property serves as the headquarters of the 9,127
corporation's trade or business, or is the place from which the 9,128
corporation's trade or business is principally managed or 9,129
directed;
(ii) Not more than ten per cent of the value of the real 9,132
property and not more than ten per cent of the square footage of 9,133
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing, 9,134
acquiring, transferring, selling, or disposing of tangible 9,136
property or services in the normal course of business to persons 9,137
other than related members, the corporation's employees and their 9,138
families, and such related members' employees and their families. 9,139
(d) As used in division (L) of this section, "related 9,141
member" has the same meaning as in division (A)(6) of section 9,144
5733.042 of the Revised Code without regard to division (B) of 9,147
that section.
(3) The percentages described in division (L)(1)(a) of 9,151
this section shall be equal to the quarterly average of those 9,152
percentages as calculated during the corporation's taxable year 9,153
ending prior to the first day of the tax year. 9,154
(4) With respect to the election described in division 9,156
(L)(1)(e) of this section: 9,158
(a) The election need not accompany a timely filed report; 9,161
(b) The election need not accompany the report; rather, 9,163
the election may accompany a subsequently filed but timely 9,164
application for refund and timely amended report, or a 9,166
subsequently filed but timely petition for reassessment; 9,167
(c) The election is not irrevocable; 9,170
209
(d) The election applies only to the tax year specified by 9,173
the corporation;
(e) The corporation's related members comply with division 9,175
(L)(1)(d) of this section. 9,176
Nothing in division (L)(4) of this section shall be 9,179
construed to extend any statute of limitations set forth in this 9,180
chapter. 9,181
(M) "Qualifying controlled group" means two or more 9,184
corporations that satisfy the ownership and control requirements 9,185
of division (A) of section 5733.052 of the Revised Code. 9,188
(N) "Limited liability company" means any limited 9,190
liability company formed under Chapter 1705. of the Revised Code 9,192
or under the laws of any other state.
(O) "Pass-through entity" means a corporation that has 9,195
made an election under subchapter S of Chapter 1 of Subtitle A of 9,197
the Internal Revenue Code for its taxable year under that code, 9,200
or a partnership, limited liability company, or any other person, 9,201
other than an individual, trust, or estate, if the partnership, 9,202
limited liability company, or other person is not classified for 9,203
federal income tax purposes as an association taxed as a 9,204
corporation. 9,205
Sec. 5733.05. As used in this section, "qualified 9,214
research" means laboratory research, experimental research, and 9,215
other similar types of research; research in developing or 9,216
improving a product; or research in developing or improving the 9,217
means of producing a product. It does not include market 9,218
research, consumer surveys, efficiency surveys, management 9,219
studies, ordinary testing or inspection of materials or products 9,220
for quality control, historical research, or literary research. 9,221
"Product" as used in this paragraph does not include services or 9,222
intangible property. 9,223
The annual report determines the value of the issued and 9,226
outstanding shares of stock of the taxpayer, which under division 9,227
(A) or divisions (B) and (C) of this section is the base or 9,228
210
measure of the franchise tax liability. Such determination shall 9,229
be made as of the date shown by the report to have been the 9,230
beginning of the corporation's annual accounting period that 9,231
includes the first day of January of the tax year. For the 9,232
purposes of this chapter, the value of the issued and outstanding 9,234
shares of stock of any corporation that is a financial 9,236
institution shall be deemed to be the value as calculated in 9,238
accordance with division (A) of this section. For the purposes 9,240
of this chapter, the value of the issued and outstanding shares 9,241
of stock of any corporation that is not a financial institution 9,242
shall be deemed to be the values as calculated in accordance with 9,243
divisions (B) and (C) of this section. 9,244
(A) The total value, as shown by the books of the 9,246
financial institution, of its capital, surplus, whether earned or 9,248
unearned, undivided profits, and reserves shall be determined as 9,250
prescribed by section 5733.056 of the Revised Code for tax years 9,251
1998 and thereafter. 9,252
(B) The sum of the corporation's net income during the 9,254
corporation's taxable year, allocated or apportioned to this 9,256
state as prescribed in divisions (B)(1) and (2) of this section, 9,258
and subject to sections 5733.052, 5733.053, and 5733.057, AND 9,259
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 9,261
section 5733.051 of the Revised Code. 9,262
(2) The amount of Ohio apportioned net income from sources 9,264
other than those allocated under section 5733.051 of the Revised 9,265
Code, which shall be determined by multiplying the corporation's 9,266
net income by a fraction. The numerator of the fraction is the 9,268
sum of the following products: the property factor multiplied by 9,271
twenty, the payroll factor multiplied by twenty, and the sales 9,272
factor multiplied by sixty. The denominator of the fraction is 9,274
one hundred, provided that the denominator shall be reduced by 9,276
twenty if the property factor has a denominator of zero, by 9,278
twenty if the payroll factor has a denominator of zero, and by 9,279
211
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 9,281
determined as follows:
(a) The property factor is a fraction the numerator of 9,283
which is the average value of the corporation's real and tangible 9,284
personal property owned or rented, and used in the trade or 9,285
business in this state during the taxable year, and the 9,286
denominator of which is the average value of all the 9,287
corporation's real and tangible personal property owned or 9,288
rented, and used in the trade or business everywhere during such 9,289
year. There shall be excluded from the numerator and denominator 9,290
of the property factor the original cost of all of the following 9,291
property within Ohio: property with respect to which a 9,292
"pollution control facility" certificate has been issued pursuant 9,293
to section 5709.21 of the Revised Code; property with respect to 9,294
which an "industrial water pollution control certificate" has 9,295
been issued pursuant to section 6111.31 of the Revised Code; and 9,296
property used exclusively during the taxable year for qualified 9,297
research. 9,298
(i) Property owned by the corporation is valued at its 9,300
original cost. Property rented by the corporation is valued at 9,301
eight times the net annual rental rate. "Net annual rental rate" 9,302
means the annual rental rate paid by the corporation less any 9,303
annual rental rate received by the corporation from subrentals. 9,304
(ii) The average value of property shall be determined by 9,306
averaging the values at the beginning and the end of the taxable 9,307
year, but the tax commissioner may require the averaging of 9,308
monthly values during the taxable year, if reasonably required to 9,309
reflect properly the average value of the corporation's property. 9,310
(b) The payroll factor is a fraction the numerator of 9,312
which is the total amount paid in this state during the taxable 9,313
year by the corporation for compensation, and the denominator of 9,314
which is the total compensation paid everywhere by the 9,315
corporation during such year. There shall be excluded from the 9,316
212
numerator and the denominator of the payroll factor the total 9,317
compensation paid in this state to employees who are primarily 9,318
engaged in qualified research. 9,319
(i) Compensation means any form of remuneration paid to an 9,321
employee for personal services. 9,322
(ii) Compensation is paid in this state if: (1) the 9,324
recipient's service is performed entirely within this state, (2) 9,325
the recipient's service is performed both within and without this 9,326
state, but the service performed without this state is incidental 9,327
to the recipient's service within this state, (3) some of the 9,328
service is performed within this state and either the base of 9,329
operations, or if there is no base of operations, the place from 9,330
which the service is directed or controlled is within this state, 9,331
or the base of operations or the place from which the service is 9,332
directed or controlled is not in any state in which some part of 9,333
the service is performed, but the recipient's residence is in 9,334
this state. 9,335
(iii) Compensation is paid in this state to any employee 9,337
of a common or contract motor carrier corporation, who performs 9,338
the employee's regularly assigned duties on a motor vehicle in 9,340
more than one state, in the same ratio by which the mileage 9,341
traveled by such employee within the state bears to the total 9,342
mileage traveled by such employee everywhere during the taxable 9,343
year.
(c) The sales factor is a fraction the numerator of which 9,345
is the total sales in this state by the corporation during the 9,346
taxable year, and the denominator of which is the total sales by 9,347
the corporation everywhere during such year. In determining the 9,348
numerator and denominator of the sales factor, receipts from the 9,349
sale or other disposal of a capital asset or an asset described 9,350
in section 1231 of the Internal Revenue Code shall be eliminated. 9,351
Also, in determining the numerator and denominator of the sales 9,352
factor, in the case of a reporting corporation owning at least 9,353
eighty per cent of the issued and outstanding common stock of one 9,354
213
or more public utilities or insurance companies, or owning at 9,355
least twenty-five per cent of the issued and outstanding common 9,356
stock of one or more financial institutions, receipts received by 9,357
the reporting corporation from such utilities, insurance 9,358
companies, and financial institutions shall be eliminated. 9,359
For the purpose of this section and section 5733.03 of the 9,361
Revised Code, sales of tangible personal property are in this 9,362
state where such property is received in this state by the 9,363
purchaser. In the case of delivery of tangible personal property 9,364
by common carrier or by other means of transportation, the place 9,365
at which such property is ultimately received after all 9,366
transportation has been completed shall be considered as the 9,367
place at which such property is received by the purchaser. 9,368
Direct delivery in this state, other than for purposes of 9,369
transportation, to a person or firm designated by a purchaser 9,370
constitutes delivery to the purchaser in this state, and direct 9,371
delivery outside this state to a person or firm designated by a 9,372
purchaser does not constitute delivery to the purchaser in this 9,373
state, regardless of where title passes or other conditions of 9,374
sale. 9,375
Sales, other than sales of tangible personal property, are 9,377
in this state if either: 9,378
(i) The income-producing activity is performed solely in 9,380
this state; 9,381
(ii) The income-producing activity is performed both 9,383
within and without this state and a greater proportion of the 9,384
income-producing activity is performed within this state than in 9,386
any other state, based on costs of performance. 9,387
(d) If the allocation and apportionment provisions of 9,389
division (B) of this section do not fairly represent the extent 9,391
of the taxpayer's business activity in this state, the taxpayer 9,392
may request, which request must be in writing and must accompany 9,393
the report, timely filed petition for reassessment, or timely 9,394
filed amended report, or the tax commissioner may require, in 9,395
214
respect to all or any part of the taxpayer's allocated or 9,396
apportioned base, if reasonable, any one or more of the 9,397
following:
(i) Separate accounting; 9,399
(ii) The exclusion of any one or more of the factors; 9,401
(iii) The inclusion of one or more additional factors 9,403
which will fairly represent the taxpayer's allocated or 9,404
apportioned base in this state. 9,405
An alternative method will be effective only with approval 9,407
by the tax commissioner. 9,408
Nothing in this section shall be construed to extend any 9,410
statute of limitations set forth in this chapter. 9,411
(C)(1) Subject to divisions (C)(2) and (3) of this 9,414
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 9,415
book value of a corporation's assets less the net carrying value 9,417
of its liabilities. For the purposes of determining that total 9,418
value, any reserves shown on the corporation's books shall be 9,419
considered liabilities or contra assets except for any reserves
that are deemed appropriations of retained earnings under 9,420
generally accepted accounting principles. 9,421
(2)(a) If, on the last day of the taxpayer's taxable year 9,424
preceding the tax year, the taxpayer is a related member to a 9,425
corporation that elects to be a qualifying holding company for 9,426
the tax year beginning after the last day of the taxpayer's 9,427
taxable year, or if, on the last day of the taxpayer's taxable 9,428
year preceding the tax year, a corporation that elects to be a 9,429
qualifying holding company for the tax year beginning after the 9,430
last day of the taxpayer's taxable year is a related member to 9,431
the taxpayer, then the taxpayer's total value shall be adjusted 9,432
by the qualifying amount. Except as otherwise provided under 9,433
division (C)(2)(b) of this section, "qualifying amount" means the 9,434
amount that, when added to the taxpayer's total value, and when 9,436
subtracted from the net carrying value of the taxpayer's 9,437
215
liabilities computed without regard to division (C)(2) of this 9,439
section, or when subtracted from the taxpayer's total value and 9,441
when added to the net carrying value of the taxpayer's 9,442
liabilities computed without regard to division (C)(2) of this 9,444
section, results in the taxpayer's debt-to-equity ratio equaling 9,445
the debt-to-equity ratio of the qualifying controlled group on 9,446
the last day of the taxable year ending prior to the first day of 9,447
the tax year computed on a consolidated basis in accordance with 9,449
general accepted accounting principles. For the purposes of 9,450
division (C)(2)(a) of this section, the corporation's total 9,451
value, after the adjustment required by that division, shall not 9,452
exceed the net book value of the corporation's assets. 9,453
(b)(i) The amount added to the taxpayer's total value and 9,456
subtracted from the net carrying value of the taxpayer's 9,457
liabilities shall not exceed the amount of the net carrying value 9,458
of the taxpayer's liabilities owed to the taxpayer's related 9,460
members.
(ii) A liability owed to the taxpayer's related members 9,462
includes, but is not limited to, any amount that the corporation 9,464
owes to a person that is not a related member if the 9,465
corporation's related member or related members in whole or in 9,466
part guarantee any portion or all of that amount, or pledge, 9,467
hypothecate, mortgage, or carry out any similar transactions to 9,468
secure any portion or all of that amount. 9,469
(3) The base upon which the tax is levied under division 9,471
(C) of section 5733.06 of the Revised Code shall be computed by 9,473
multiplying the amount determined under divisions (C)(1) and (2) 9,475
of this section by the fraction determined under divisions 9,476
(B)(2)(a) to (c) of this section and, if applicable, divisions 9,479
(B)(2)(d)(ii) to (iv) of this section but without regard to 9,481
section 5733.052 of the Revised Code. 9,482
(4) For purposes of division (C) of this section, "related 9,486
member" has the same meaning as in division (A)(6) of section 9,487
5733.042 of the Revised Code without regard to division (B) of 9,488
216
that section.
Sec. 5733.057. In AS USED IN THIS SECTION, "ADJUSTED 9,497
QUALIFYING AMOUNT" HAS THE SAME MEANING AS IN SECTION 5733.40 OF 9,498
THE REVISED CODE.
EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (A) AND (B) OF 9,500
SECTION 5733.401 AND IN SECTIONS 5733.058 AND 5747.401 OF THE 9,501
REVISED CODE, IN making any computation under sections 5733.042, 9,503
5733.05, 5733.051, 5733.052, and 5733.053, 5733.40, 5733.41, 9,504
5747.41, AND 5747.43 of the Revised Code, a corporation EACH 9,506
PERSON shall include in its THAT PERSON'S items of ADJUSTED 9,507
QUALIFYING AMOUNTS, allocable income or loss, IF ANY, 9,508
apportionable income or loss, property, compensation, and sales, 9,510
the corporation's PERSON'S entire distributive share or 9,511
proportionate share of the items of ADJUSTED QUALIFYING AMOUNTS, 9,513
allocable income or loss, apportionable income or loss, property, 9,515
compensation, and sales of any pass-through entity in which the
corporation PERSON has a direct or indirect ownership interest at 9,517
any time during the corporation's PERSON'S taxable year. A 9,518
pass-through entity's direct or indirect distributive share or 9,519
proportionate share of any other pass-through entity's items of 9,520
ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, 9,522
apportionable income or loss, property, compensation, and sales 9,523
shall be included for the purposes of computing the corporation's 9,524
PERSON'S distributive share or proportionate share of the 9,525
pass-through entity's items of ADJUSTED QUALIFYING AMOUNTS, 9,526
allocable income or loss, apportionable income or loss, property, 9,528
compensation, and sales under this section. Those items shall be 9,529
in the same form as was recognized by the pass-through entity. 9,530
Sec. 5733.058. (A) AS USED IN THIS SECTION, AN "EXEMPTED 9,532
INVESTMENT" IS A DIRECT OR INDIRECT INVESTMENT IN THE EQUITY OF, 9,533
OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PERSON SATISFYING 9,534
DIVISIONS (A)(1) AND (2) OF THIS SECTION FOR THE PERSON'S ENTIRE 9,535
FISCAL OR CALENDAR YEAR ENDING WITHIN OR WITH THE CORPORATION'S 9,536
TAXABLE YEAR ENDING IMMEDIATELY PRIOR TO THE TAX YEAR. 9,537
217
(1) THE PERSON IS A LIMITED LIABILITY COMPANY NOT TREATED 9,539
AS A SEPARATE C CORPORATION FOR FEDERAL INCOME TAX PURPOSES, OR 9,540
THE PERSON IS A PASS-THROUGH ENTITY. 9,541
(2) THE PERSON OWNS AND OPERATES A PUBLIC UTILITY IN THIS 9,543
STATE AND AS SUCH IS REQUIRED BY LAW TO FILE REPORTS WITH THE TAX 9,544
COMMISSIONER AND PAY AN EXCISE TAX UPON ITS GROSS RECEIPTS. 9,545
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 9,547
EACH CORPORATION DIRECTLY OR INDIRECTLY OWNING OR DIRECTLY OR 9,548
INDIRECTLY HAVING AN EQUITY INVESTMENT IN AN EXEMPTED INVESTMENT 9,549
SHALL MAKE THE ADJUSTMENTS REQUIRED BY DIVISIONS (B)(1) TO (4) OF 9,550
THIS SECTION.
(1) THE CORPORATION SHALL DEDUCT FROM ITS NET INCOME THE 9,552
DISTRIBUTIVE SHARE OF NET INCOME AND GAIN ATTRIBUTABLE TO THE 9,553
CORPORATION'S EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH 9,554
NET INCOME AND GAIN ARE INCLUDED IN THE CORPORATION'S NET INCOME 9,555
WITHOUT REGARD TO THIS SECTION.
(2) THE CORPORATION SHALL ADD TO ITS NET INCOME THE 9,557
DISTRIBUTIVE SHARE OF EXPENSES AND LOSSES ATTRIBUTABLE TO THE 9,558
EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH EXPENSES AND 9,559
LOSSES HAVE BEEN DEDUCTED IN CALCULATING THE CORPORATION'S NET 9,560
INCOME WITHOUT REGARD TO THIS SECTION.
(3)(a) THE CORPORATION SHALL EXCLUDE FROM THE CALCULATION 9,562
OF ITS PROPERTY, PAYROLL, AND SALES FACTORS, AS DEFINED IN 9,563
DIVISIONS (B)(2)(a) TO (c) OF SECTION 5733.05 OF THE REVISED 9,565
CODE, THE CORPORATION'S PROPORTIONATE SHARE OF THE PROPERTY,
PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT, BUT 9,566
ONLY TO THE EXTENT THE CORPORATION'S PROPORTIONATE SHARE OF THE 9,567
PROPERTY, PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED 9,568
INVESTMENT WOULD BE INCLUDED IN THE CALCULATION OF THE 9,570
CORPORATION'S PROPERTY, PAYROLL, AND SALES FACTORS UNDER SECTION
5733.057 OF THE REVISED CODE WITHOUT REGARD TO THIS SECTION. 9,571
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 9,574
DIVISION (B)(2)(d) OF SECTION 5733.05 OF THE REVISED CODE. 9,575
(4) NOTWITHSTANDING SECTION 5733.98 OF THE REVISED CODE TO 9,577
218
THE CONTRARY, A CORPORATION SHALL NOT BE ALLOWED ANY 9,578
NONREFUNDABLE CREDIT OR NONREFUNDABLE CREDIT CARRYFORWARD LISTED 9,579
IN THAT SECTION TO THE EXTENT THE CREDIT IS ATTRIBUTABLE TO THE 9,580
CORPORATION'S DIRECT OR INDIRECT OWNERSHIP OF OR EQUITY
INVESTMENT IN AN EXEMPTED INVESTMENT AND SUCH CREDIT DIRECTLY 9,581
RELATES TO THE OWNING AND OPERATING OF A PUBLIC UTILITY IN THIS 9,582
STATE BY A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS 9,583
SECTION.
(C)(1) THE ADJUSTMENTS PROVIDED BY DIVISION (B) OF THIS 9,585
SECTION SHALL BE ALLOWED AND REQUIRED ONLY TO THE EXTENT THAT 9,586
SUCH ADJUSTMENTS DIRECTLY RELATE TO THE OWNING AND OPERATING OF A 9,587
PUBLIC UTILITY IN THIS STATE BY A PERSON DESCRIBED IN DIVISIONS 9,588
(A)(1) AND (2) OF THIS SECTION.
(2) TO THE EXTENT THAT ANY GROSS RECEIPTS OF A PERSON 9,590
DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION ARE NOT FOR 9,591
BUSINESS DONE BY SUCH PERSON FROM THE DIRECT OR INDIRECT 9,592
OPERATION OF, OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PUBLIC 9,593
UTILITY IN THIS STATE, THEN SUCH GROSS RECEIPTS AND RELATED 9,594
PROPERTY AND PAYROLL SHALL NOT BE SUBJECT TO THE ADJUSTMENT 9,595
OTHERWISE PROVIDED BY DIVISION (B) OF THIS SECTION.
(3) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 9,597
CORPORATION, AND SECTION 5733.057 OF THE REVISED CODE SHALL APPLY 9,598
TO THE CORPORATION'S COMPUTATION OF ITS NET INCOME, ITS PROPERTY, 9,599
PAYROLL, AND SALES FACTORS, AND ITS CREDITS TO THE EXTENT THAT 9,600
THE PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION 9,601
DIRECTLY OR INDIRECTLY OWNS OR DIRECTLY OR INDIRECTLY HAS AN 9,603
EQUITY INVESTMENT IN ANY OTHER PERSON DESCRIBED IN DIVISION 9,604
(A)(1) OF THIS SECTION BUT NOT DESCRIBED IN DIVISION (A)(2) OF 9,605
THIS SECTION.
(D) SECTION 5733.057 OF THE REVISED CODE APPLIES FOR 9,607
PURPOSES OF THE OWNERSHIP AND INVESTMENT CRITERIA SET FORTH IN 9,608
THIS SECTION.
(E) THIS SECTION IS EFFECTIVE FOR TAXABLE YEARS ENDING 9,610
AFTER SEPTEMBER 28, 1997. 9,611
219
Sec. 5733.0611. (A) There is hereby allowed a 9,620
nonrefundable credit against the tax imposed under section 9,621
5733.06 of the Revised Code. The credit shall be equal to the 9,622
taxpayer's proportionate share of the lesser of either the tax 9,623
due or the tax paid by any qualifying entity under section 9,624
5733.41 of the Revised Code for the qualifying taxable year of 9,625
the qualifying entity that ends in the taxable year of the 9,626
taxpayer. The taxpayer shall claim the credit for the taxpayer's 9,627
taxable year in which ends the qualifying entity's qualifying 9,628
taxable year.
In claiming the credit and determining its proportionate 9,631
share of the tax due and the tax paid by the qualifying entity, 9,632
the person claiming the credit shall follow the concepts set 9,633
forth in subchapter K of the Internal Revenue Code. Nothing in 9,634
this division shall be construed to limit or disallow 9,635
pass-through treatment of a pass-through entity's income, 9,636
deductions, credits, or other amounts necessary to compute the 9,637
tax imposed and the credits allowed under this chapter.
The credit shall be claimed in the order required under 9,639
section 5733.98 of the Revised Code. Any unused credit shall be 9,641
allowed as a credit in the ensuing tax year. Any such amount
allowed as a credit in an ensuing tax year shall be deducted from 9,643
the balance carried forward to the next ensuing tax year.
(B) Any person that is not a taxpayer solely by reason of 9,645
division (A) or (C) of section 5733.09 of the Revised Code OR A 9,646
PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL REVENUE CODE 9,648
OR DIVISION (F) OF SECTION 3334.01 OF THE REVISED CODE, but that 9,649
would be entitled to claim the nonrefundable credit under this 9,650
section if that person were a taxpayer, may file an application 9,651
for refund pursuant to section 5733.12 of the Revised Code. Upon 9,652
proper application for refund under that section, the tax
commissioner shall issue a refund in the amount of the credit to 9,653
which that person would have been entitled under division (A)(1) 9,655
of this section had IF the person HAD been a taxpayer, and as if 9,656
220
the credit were a refundable credit. 9,657
(C) If AN ORGANIZATION DESCRIBED IN SECTION 401(a) OF THE 9,659
INTERNAL REVENUE CODE OR a trust or fund is entitled to a 9,661
proportionate share of the lesser of either the tax due or the 9,662
tax paid by any qualifying entity under section 5733.41 of the 9,663
Revised Code, and if that proportionate share is then OR COULD BE 9,664
allocable to an exempt person as defined in division (D) of this 9,665
section, then the qualifying ORGANIZATION, trust, or fund may 9,667
file an application for refund with respect to such allocable 9,668
amounts pursuant to section 5733.12 of the Revised Code. Upon 9,669
proper application for refund under that section, the tax 9,670
commissioner shall issue a refund in the amount of the credit to 9,671
which the qualifying ORGANIZATION, trust, or fund would have been 9,673
entitled under division (A)(1) of this section had the 9,674
ORGANIZATION, trust, or fund been a taxpayer, and as if the 9,675
credit were a refundable credit. To the extent that a SUCH AN 9,676
ORGANIZATION, trust, or fund is permitted to apply for a refund 9,678
under this division, or to the extent that a SUCH AN 9,679
ORGANIZATION, trust, or fund has applied for such a refund, 9,680
exempt persons are not entitled to the credit authorized under 9,681
this section or section 5747.059 of the Revised Code. 9,683
(D)(1) For the purposes of division (C) of this section 9,685
only, "exempt person" means any of the following: 9,686
(a) A person that is or may be the beneficiary of a trust 9,688
if the trust is subject to Subchapter D of Chapter 1 of Subtitle 9,689
A of the Internal Revenue Code. 9,690
(b) A person that is or may be the beneficiary of or the 9,693
recipient of payments from a nuclear decommissioning reserve 9,694
fund, a designated settlement fund, or any other trust or fund 9,695
established to resolve and satisfy claims that may otherwise be 9,696
asserted by the beneficiary or a member of the beneficiary's 9,697
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the 9,698
Internal Revenue Code apply to the determination of whether such 9,699
a person is an exempt person under division (D) of this section. 9,700
221
(c) A person, OTHER THAN A PERSON THAT IS TREATED AS A C 9,702
CORPORATION FOR FEDERAL INCOME TAX PURPOSES, who is or may be the 9,703
beneficiary of a trust that, under its governing instrument, is 9,704
not required to distribute all of its income currently. Division 9,706
(D)(1)(c) of this section applies only if the trust irrevocably 9,707
agrees that for the taxable year during or for which the trust 9,708
distributes any of its income to any of the beneficiaries, the 9,709
trust is a qualifying trust AS DEFINED IN SECTION 5733.40 OF THE 9,710
REVISED CODE and will pay the estimated tax, and will withhold 9,712
and pay the withheld tax as required under SECTION 5733.41 AND 9,713
sections 5747.40 to 5747.453 of the Revised Code. 9,714
(2) An exempt person does not include any person that 9,716
would not qualify as an exempt person under the doctrines of 9,717
"economic reality," "sham transaction," "step doctrine," or 9,718
"substance over form." A NOTWITHSTANDING SECTIONS 5733.111 AND 9,719
5747.131 OF THE REVISED CODE TO THE CONTRARY, AN ORGANIZATION, 9,720
trust, or fund described in division (C) of this section bears 9,723
the burden of establishing by a preponderance of the evidence 9,724
that any transaction giving rise to a claim for a refundable 9,725
credit under this section does not have as a principal purpose a 9,726
claim for that credit. Nothing in this section shall be 9,727
construed to limit solely to this section the application of the 9,728
doctrines referred to in division (D)(2) of this section. 9,730
(e)(E) Nothing in this section shall be construed to allow 9,733
a refund more than once with respect to the taxes imposed under 9,734
section 5733.41 or 5747.41 of the Revised Code. 9,735
Sec. 5733.12. (A) Four and two-tenths per cent of all 9,744
payments received by the treasurer of state from the taxes 9,745
imposed under sections 5733.06 and 5733.41 of the Revised Code 9,746
shall be credited to the local government fund for distribution 9,747
in accordance with section 5747.50 of the Revised Code, 9,748
six-tenths of one per cent shall be credited to the local 9,750
government revenue assistance fund for distribution in accordance
with section 5747.61 of the Revised Code, and ninety-five and 9,752
222
two-tenths per cent shall be credited to the general revenue 9,753
fund.
(B) Except as otherwise provided under divisions (C) and 9,755
(D) of this section, an application to refund to the corporation 9,757
the amount of taxes imposed under section 5733.06 of the Revised 9,758
Code that are overpaid, paid illegally or erroneously, or paid on 9,759
any illegal, erroneous, or excessive assessment, with interest 9,760
thereon as provided by section 5733.26 of the Revised Code, shall 9,761
be filed with the tax commissioner, on the form prescribed by the 9,763
commissioner, within three years from the date of the illegal, 9,764
erroneous, or excessive payment of the tax, or within any
additional period allowed by division (C)(2) of section 5733.031, 9,765
division (D)(2) of section 5733.067, or division (A) of section 9,766
5733.11 of the Revised Code. 9,767
On the filing of the refund application, the commissioner 9,769
shall determine the amount of refund due and certify such amount 9,770
to the director of budget and management and treasurer of state 9,771
for payment from the tax refund fund created by section 5703.052 9,772
of the Revised Code. 9,773
(C) "Ninety days" shall be substituted for "three years" 9,776
in division (B) of this section if the taxpayer satisfies both of 9,777
the following: 9,778
(1) The taxpayer has applied for a refund based in whole 9,780
or in part upon section 5733.0611 of the Revised Code; 9,781
(2) The taxpayer asserts that the imposition or collection 9,783
of the tax imposed or charged by section 5733.06 of the Revised 9,784
Code or any portion of such tax violates the Constitution of the 9,785
United States or the Constitution of this state. 9,786
(D)(1) Division (D)(2) of this section applies only if all 9,789
of the following conditions are satisfied:
(a) A qualifying pass-through entity pays an amount of the 9,792
tax imposed by section 5733.41 of the Revised Code; 9,793
(b) The taxpayer is a qualifying investor as to that 9,795
qualifying pass-through entity; 9,796
223
(c) The taxpayer did not claim the credit provided for in 9,798
section 5733.0611 of the Revised Code as to the tax described in 9,799
division (D)(1)(a) of this section; 9,800
(d) The three-year period described in division (B) of 9,803
this section has ended as to the taxable year for which the
taxpayer otherwise would have claimed that credit. 9,804
(2) A taxpayer shall file an application for refund 9,806
pursuant to this division within one year after the date the 9,807
payment described in division (D)(1)(a) of this section is made. 9,809
An application filed under this division shall only claim refund 9,810
of overpayments resulting from the taxpayer's failure to claim 9,811
the credit described in division (D)(1)(c) of this section. 9,813
Nothing in this division shall be construed to relieve a taxpayer 9,814
from complying with the provisions of division (I)(13)(14) of 9,815
section 5733.04 of the Revised Code.
Sec. 5733.40. As used in sections 5733.40 and 5733.41 and 9,824
Chapter 5747. of the Revised Code: 9,825
(A)(1) "Adjusted qualifying amount" means either of the 9,827
following:
(a) The net sum of a qualifying investor's distributive 9,829
share of the income, gain, expense, or loss of a qualifying 9,830
pass-through entity for the qualifying taxable year of the 9,831
qualifying pass-through entity multiplied by the apportionment 9,832
fraction defined in division (B) of this section, subject to 9,833
SECTION 5733.401 OF THE REVISED CODE AND divisions (A)(2) to (6) 9,834
of this section; 9,835
(b) The sum of a qualifying beneficiary's share of the 9,837
qualifying net income and qualifying net gain distributed by a 9,838
qualifying trust for the qualifying taxable year of the 9,839
qualifying trust multiplied by the apportionment fraction defined 9,840
in division (B) of this section, subject to SECTION 5733.401 OF 9,841
THE REVISED CODE AND divisions (A)(2) to (5) of this section. 9,842
(2) The sum shall exclude any amount which, pursuant to 9,844
the Constitution of the United States, the Constitution of Ohio, 9,845
224
or any federal law is not subject to a tax on or measured by net 9,846
income.
(3) The sum shall be increased by all amounts representing 9,848
expenses other than amounts described in division (A)(6) of this 9,850
section that the taxpayer paid to or incurred with respect to 9,851
direct or indirect transactions with one or more related members, 9,852
excluding the cost of goods sold calculated in accordance with 9,853
section 263A of the Internal Revenue Code and United States 9,854
department of the treasury regulations issued thereunder.
Nothing in division (A)(3) of this section shall be construed to 9,855
limit solely to this chapter the application of section 263A of 9,856
the Internal Revenue Code and United States department of the 9,857
treasury regulations issued thereunder.
(4) The sum shall be increased by all recognized losses, 9,859
other than losses from sales of inventory the cost of which is 9,860
calculated in accordance with section 263A of the Internal 9,861
Revenue Code and United States department of the treasury 9,862
regulations issued thereunder, with respect to all direct or 9,863
indirect transactions with one or more related members. Losses
from the sales of such inventory shall be calculated in 9,864
accordance with section 482 of the Internal Revenue Code and 9,865
United States department of the treasury regulations issued 9,866
thereunder. Nothing in division (A)(4) of this section shall be 9,867
construed to limit solely to this section the application of
section 236A and section 482 of the Internal Revenue Code and 9,868
United States department of the treasury regulations issued 9,869
thereunder.
(5) The sum shall be computed without regard to section 9,871
5733.051 or division (D) of section 5733.052 of the Revised Code. 9,872
(6) For the purposes of Chapters 5733. and 5747. of the 9,874
Revised Code, guaranteed payments made by a partnership or by a 9,875
limited liability company that is not subject to the tax imposed 9,876
by section 5733.06 of the Revised Code, and compensation paid by 9,877
an S corporation to its shareholders, shall be considered a 9,878
225
distributive share of income of the partnership, limited 9,879
liability company, or S corporation. Division (A)(6) of this 9,880
section applies only to such payments or such compensation made
or paid to a qualifying investor who is a related member to or of 9,881
the qualifying entity. 9,882
(B) "Apportionment fraction" means: 9,884
(1) With respect to a qualifying pass-through entity other 9,887
than a financial institution, the fraction calculated pursuant to 9,888
division (B)(2) of section 5733.05 of the Revised Code as if the 9,889
qualifying pass-through entity were a corporation subject to the 9,890
tax imposed by section 5733.06 of the Revised Code;
(2) With respect to a qualifying pass-through entity that 9,892
is a financial institution, the fraction calculated pursuant to 9,893
DIVISION (C) OF section 5133.056 5733.056 of the Revised Code as 9,895
if the qualifying pass-through entity were a financial
institution subject to the tax imposed by section 5733.06 of the 9,896
Revised Code.
(3) With respect to a qualifying trust, the fraction 9,898
calculated pursuant to division (B)(2) of section 5733.05 of the 9,899
Revised Code as if the qualifying trust were a corporation 9,900
subject to the tax imposed by section 5733.06 of the Revised 9,901
Code, except that the property, payroll, and sales fractions 9,902
shall be calculated by including in the numerator and denominator 9,903
of the fractions only the property, payroll, and sales, 9,904
respectively, directly related to the production of income or 9,905
gain from acquisition, ownership, use, maintenance, management, 9,906
or disposition of tangible personal property located in this 9,907
state at any time during the qualifying trust's qualifying 9,908
taxable year or of real property located in this state. 9,909
(C) "Qualifying beneficiary" means any individual that, 9,911
during the qualifying taxable year of a qualifying trust, is a 9,912
beneficiary of that trust, but does not include an individual who 9,913
is a resident taxpayer for the purposes of Chapter 5747. of the 9,914
Revised Code for the entire qualifying taxable year of the 9,915
226
qualifying trust.
(D) "Fiscal year" means an accounting period ending on any 9,917
day other than the thirty-first day of December. 9,918
(E) "Individual" means a natural person. 9,920
(F) "Month" means a calendar month. 9,922
(G) "Partnership" has the same meaning as in section 9,924
5747.01 of the Revised Code. 9,925
(H) "Investor" means any person that, during any portion 9,927
of a taxable year of a qualifying pass-through entity, is a 9,928
partner, member, shareholder, or investor in that qualifying 9,929
pass-through entity.
(I) "Qualifying EXCEPT AS OTHERWISE PROVIDED IN SECTION 9,931
5733.402 OR 5747.401 OF THE REVISED CODE, "QUALIFYING investor" 9,932
means any investor except those described in divisions (I)(1) to 9,933
(9) of this section.
(1) An investor satisfying one of the descriptions under 9,935
section 501(a) OR (c) of the Internal Revenue Code, AN ELECTING 9,937
SMALL BUSINESS TRUST, A PARTNERSHIP WITH EQUITY SECURITIES 9,938
REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE 9,939
COMMISSION UNDER SECTION 12 OF THE "SECURITIES EXCHANGE ACT OF 9,940
1934," AS AMENDED, OR AN INVESTOR DESCRIBED IN division (F) of 9,941
section 3334.01, or division (A) or (C) of section 5733.09 of the 9,942
Revised Code for the entire qualifying taxable year of the 9,944
qualifying pass-through entity.
(2) An investor who is EITHER an individual OR AN ESTATE 9,946
and IS a resident taxpayer for the purposes of section 5747.01 of 9,948
the Revised Code for the entire qualifying taxable year of the 9,949
qualifying pass-through entity.
(3) An investor who is an individual for whom the 9,951
qualifying pass-through entity makes a good faith and reasonable 9,952
effort to comply fully and timely with the filing and payment 9,953
requirements set forth in division (D) of section 5747.08 of the 9,954
Revised Code and section 5747.09 of the Revised Code with respect 9,955
to the individual's adjusted qualifying amount for the entire 9,956
227
qualifying taxable year of the qualifying pass-through entity. 9,957
(4) An investor that is another qualifying pass-through 9,959
entity having only investors described in division (I)(1), (2), 9,961
(3), or (6) of this section during the three-year period
beginning twelve months prior to the first day of the qualifying 9,962
taxable year of the qualifying pass-through entity. 9,963
(5) An investor that is another pass-through entity having 9,966
no investors other than individuals and estates during the 9,967
qualifying taxable year of the qualifying pass-through entity in 9,968
which it is an investor, and that makes a good faith and 9,969
reasonable effort to comply fully and timely with the filing and 9,970
payment requirements set forth in division (D) of section 5747.08 9,971
of the Revised Code and section 5747.09 of the Revised Code with 9,973
respect to investors that are not resident taxpayers of this
state for the purposes of Chapter 5747. of the Revised Code for 9,975
the entire qualifying taxable year of the qualifying pass-through 9,976
entity in which it is an investor. 9,977
(6) An investor that is a financial institution required 9,979
to calculate the tax in accordance with division (D) of section 9,980
5733.06 of the Revised Code on the first day of January of the 9,981
calendar year immediately following the last day of the financial 9,983
institution's calendar or fiscal year in which ends the
taxpayer's taxable year. 9,984
(7) An investor other than an individual that satisfies 9,986
all the following: 9,987
(a) The investor submits a written statement to the 9,989
qualifying pass-through entity stating that the investor 9,990
irrevocably agrees that the investor has nexus with this state 9,991
under the Constitution of the United States and is subject to and 9,993
liable for the tax calculated under division (B) of section 9,994
5733.06 of the Revised Code with respect to the investor's 9,995
adjusted qualifying amount for the entire qualifying taxable year 9,996
of the qualifying pass-through entity. The statement is subject 9,997
to the penalties of perjury, shall be retained by the qualifying 9,998
228
pass-through entity for no fewer than seven years, and shall be 9,999
delivered to the tax commissioner upon request. 10,000
(b) The investor makes a good faith and reasonable effort 10,002
to comply timely and fully with all the reporting and payment 10,003
requirements set forth in Chapter 5733. of the Revised Code with 10,004
respect to the investor's adjusted qualifying amount for the 10,005
entire qualifying taxable year of the qualifying pass-through 10,006
entity.
(c) Neither the investor nor the qualifying pass-through 10,008
entity in which it is an investor, before, during, or after the 10,009
qualifying pass-through entity's qualifying taxable year, carries 10,011
out any transaction or transactions with one or more related
members of the investor or the qualifying pass-through entity 10,012
resulting in a reduction or deferral of tax imposed by Chapter 10,013
5733. of the Revised Code with respect to all or any portion of 10,014
the investor's adjusted qualifying amount for the qualifying 10,015
pass-through entity's taxable year, or that constitute a sham, 10,017
lack economic reality, or are part of a series of transactions 10,018
the form of which constitutes a step transaction or transactions 10,019
or does not reflect the substance of those transactions.
(8) Any other investor that the tax commissioner may 10,021
designate by rule. The tax commissioner may adopt rules 10,022
including a rule defining "qualifying investor" or "qualifying 10,023
beneficiary" and governing the imposition of the withholding tax 10,025
imposed by section 5747.41 of the Revised Code with respect to an 10,026
individual who is a resident taxpayer for the purposes of Chapter 10,027
5747. of the Revised Code for only a portion of the qualifying 10,028
taxable year of the qualifying entity. 10,029
(9) An investor that is a trust or fund the beneficiaries 10,031
of which, during the qualifying taxable year of the qualifying 10,032
pass-through entity, are limited to the following: 10,033
(a) A person that is or may be the beneficiary of a trust 10,035
subject to Subchapter D of Chapter 1 of Subtitle A of the 10,036
Internal Revenue Code.
229
(b) A person that is or may be the beneficiary of or the 10,039
recipient of payments from a trust or fund that is a nuclear 10,040
decommissioning reserve fund, a designated settlement fund, or 10,041
any other trust or fund established to resolve and satisfy claims 10,042
that may otherwise be asserted by the beneficiary or a member of 10,043
the beneficiary's family. Sections 267(c)(4), 468A(e), and 10,044
468B(d)(2) of the Internal Revenue Code apply to the
determination of whether such a person satisfies division (I)(9) 10,045
of this section. 10,046
(c) A person who is or may be the beneficiary of a trust 10,048
that, under its governing instrument, is not required to 10,049
distribute all of its income currently. Division (I)(9)(c) of 10,050
this section applies only if the trust, prior to the due date for 10,051
filing the qualifying pass-through entity's return for taxes 10,052
imposed by section 5733.41 and sections 5747.41 to 5747.453 of
the Revised Code, irrevocably agrees in writing that for the 10,053
taxable year during or for which the trust distributes any of its 10,054
income to any of its beneficiaries, the trust is a qualifying 10,055
trust and will pay the estimated tax, and will withhold and pay 10,056
the withheld tax, as required under sections 5747.40 to 5747.453 10,057
of the Revised Code.
For the purposes of division (I)(9) of this section, a 10,060
trust or fund shall be considered to have a beneficiary other 10,061
than persons described under divisions (I)(9)(a) to (c) of this 10,062
section if a beneficiary would not qualify under those divisions 10,063
under the doctrines of "economic reality," "sham transaction," 10,064
"step doctrine," or "substance over form." A trust or fund 10,065
described in division (I)(9) of this section bears the burden of 10,066
establishing by a preponderance of the evidence that any 10,067
transaction giving rise to the tax benefits provided under 10,068
division (I)(9) of this section does not have as a principal
purpose a claim of those tax benefits. Nothing in this section 10,069
shall be construed to limit solely to this section the 10,070
application of the doctrines referred to in this paragraph. 10,071
230
(J) "Qualifying net gain" means any recognized net gain 10,073
with respect to the acquisition, ownership, use, maintenance, 10,074
management, or disposition of tangible personal property located 10,075
in this state at any time during a trust's qualifying taxable 10,076
year or real property located in this state. 10,077
(K) "Qualifying net income" means any recognized income, 10,079
net of related deductible expenses, other than distributions 10,080
deductions with respect to the acquisition, ownership, use, 10,082
maintenance, management, or disposition of tangible personal
property located in this state at any time during the trust's 10,084
qualifying taxable year or real property located in this state. 10,085
(L) "Qualifying entity" means a qualifying pass-through 10,087
entity or a qualifying trust. 10,088
(M) "Qualifying trust" means a trust subject to subchapter 10,090
J of the Internal Revenue Code that, during any portion of the 10,092
trust's qualifying taxable year, has income or gain from the 10,093
acquisition, management, ownership, use, or disposition of 10,094
tangible personal property located in this state at any time 10,095
during the trust's qualifying taxable year or real property 10,096
located in this state. "Qualifying trust" does not include a 10,097
person described in section 501(c) of the Internal Revenue Code
or a person described in division (C) of section 5733.09 of the 10,098
Revised Code.
(N) "Qualifying pass-through entity" means a pass-through 10,100
entity as defined in section 5733.04 of the Revised Code, 10,101
excluding a person described in section 501(c) of the Internal 10,103
Revenue Code, a partnership with equity securities registered
with the United States securities and exchange commission under 10,104
section 12 of the Securities Exchange Act of 1934, as amended, or 10,105
a person described in division (C) of section 5733.09 of the 10,106
Revised Code.
(O) "Quarter" means the first three months, the second 10,108
three months, the third three months, or the last three months of 10,109
a qualifying entity's qualifying taxable year. 10,110
231
(P) "Related member" has the same meaning as in division 10,112
(A)(6) of section 5733.042 of the Revised Code without regard to 10,113
division (B) of that section. However, for the purposes of 10,114
divisions (A)(3) and (4) of this section only, "related member" 10,115
has the same meaning as in division (A)(6) of section 5733.042 of 10,116
the Revised Code without regard to division (B) of that section, 10,117
but shall be applied by substituting "forty per cent" for "twenty 10,118
per cent" wherever "twenty per cent" appears in division (A) of 10,119
that section.
(Q) "Return" or "report" means the notifications and 10,121
reports required to be filed pursuant to sections 5747.42 to 10,122
5747.45 of the Revised Code for the purpose of reporting the tax 10,123
imposed under section 5733.41 or 5747.41 of the Revised Code, and 10,124
included declarations of estimated tax when so required. 10,125
(R) "Qualifying taxable year" means the calendar year or 10,127
the qualifying entity's fiscal year ending during the calendar 10,128
year, or fractional part thereof, for which the adjusted 10,129
qualifying amount is calculated pursuant to sections 5733.40 and 10,130
5733.41 or sections 5747.40 to 5747.453 of the Revised Code. 10,131
Sec. 5733.401. (A) AS USED IN THIS SECTION: 10,134
(1) "INVESTMENT PASS-THROUGH ENTITY" MEANS A PASS-THROUGH 10,136
ENTITY HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST NINETY PER 10,138
CENT OF ITS GROSS INCOME FROM TRANSACTION FEES IN CONNECTION WITH 10,139
THE ACQUISITION, OWNERSHIP, OR DISPOSITION OF INTANGIBLE
PROPERTY, LOAN FEES, FINANCING FEES, CONSENT FEES, WAIVER FEES, 10,140
APPLICATION FEES, NET MANAGEMENT FEES, DIVIDEND INCOME, INTEREST 10,141
INCOME, NET CAPITAL GAINS FROM THE SALE OR EXCHANGE OF INTANGIBLE 10,143
PROPERTY, OR DISTRIBUTIVE SHARES OF INCOME FROM PASS-THROUGH 10,144
ENTITIES; AND HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST 10,145
NINETY PER CENT OF THE NET BOOK VALUE OF ITS ASSETS REPRESENTED 10,146
BY INTANGIBLE ASSETS. SUCH PERCENTAGES SHALL BE THE QUARTERLY 10,147
AVERAGE OF THOSE PERCENTAGES AS CALCULATED DURING THE 10,148
PASS-THROUGH ENTITY'S TAXABLE YEAR. 10,149
(2) "NET MANAGEMENT FEES" MEANS MANAGEMENT FEES THAT A 10,151
232
PASS-THROUGH ENTITY EARNS OR RECEIVES FROM ALL SOURCES, REDUCED 10,152
BY MANAGEMENT FEES THAT THE PASS-THROUGH ENTITY INCURS OR PAYS TO 10,154
ANY PERSON.
(B) FOR THE PURPOSES OF DIVISIONS (A) AND (C) OF THIS 10,158
SECTION ONLY, AN INVESTMENT IN A PASS-THROUGH ENTITY SHALL BE 10,159
DEEMED TO BE AN INVESTMENT IN AN INTANGIBLE ASSET. 10,160
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 10,164
SECTION, FOR THE PURPOSES OF DIVISION (A) OF SECTION 5733.40 OF 10,165
THE REVISED CODE, AN INVESTMENT PASS-THROUGH ENTITY SHALL EXCLUDE 10,167
FROM THE CALCULATION OF THE ADJUSTED QUALIFYING AMOUNT ALL 10,168
TRANSACTION FEES IN CONNECTION WITH THE ACQUISITION, OWNERSHIP, 10,169
OR DISPOSITION OF INTANGIBLE PROPERTY, LOAN FEES, FINANCING FEES, 10,170
CONSENT FEES, WAIVER FEES, APPLICATION FEES, NET MANAGEMENT FEES, 10,171
DIVIDEND INCOME, INTEREST INCOME, NET CAPITAL GAINS FROM THE SALE 10,172
OR EXCHANGE OF INTANGIBLE PROPERTY, AND ALL TYPES AND 10,173
CLASSIFICATIONS OF INCOME ATTRIBUTABLE TO DISTRIBUTIVE SHARES OF 10,174
INCOME FROM OTHER PASS-THROUGH ENTITIES. NOTHING IN THIS 10,175
DIVISION SHALL BE CONSTRUED TO PROVIDE FOR AN EXCLUSION OF ANY 10,176
ITEM FROM ADJUSTED QUALIFYING AMOUNT MORE THAN ONCE. 10,177
(D) SECTIONS 5733.057 AND 5747.231 OF THE REVISED CODE DO 10,180
NOT APPLY FOR THE PURPOSES OF MAKING THE DETERMINATIONS REQUIRED 10,181
BY DIVISION (A) OF THIS SECTION OR CLAIMING THE EXCLUSION 10,183
PROVIDED BY DIVISION (C) OF THIS SECTION. 10,184
Sec. 5733.402. (A) NOTWITHSTANDING SECTION 5733.40, 10,187
5733.41, 5747.41, OR 5747.43 OF THE REVISED CODE, BUT SUBJECT TO 10,188
DIVISIONS (B), (C), AND (D) OF THIS SECTION, FOR TAXABLE YEARS 10,192
BEGINNING AFTER 1997, A QUALIFYING PASS-THROUGH ENTITY, 10,193
HEREINAFTER THE "EXEMPT ENTITY," IS NOT SUBJECT TO THE TAXES 10,194
IMPOSED BY AND REQUIRED TO BE PAID UNDER THOSE SECTIONS WITH
RESPECT TO DISTRIBUTIVE SHARES OF INCOME AND GAIN THAT PASS 10,196
THROUGH FROM THE QUALIFYING PASS-THROUGH ENTITY TO ANOTHER 10,197
QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "INVESTING 10,198
ENTITY," IF THE INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT 10,199
HAS NEXUS WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED 10,202
233
STATES DURING THE EXEMPT ENTITY'S ENTIRE TAXABLE YEAR. 10,203
(B)(1) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 10,207
EXTENT THAT THE INVESTING ENTITY FAILS TO MAKE A GOOD FAITH AND 10,208
REASONABLE EFFORT TO COMPLY ON A REASONABLY TIMELY BASIS WITH 10,209
SECTION 5733.41 AND SECTIONS 5747.41 TO 5747.453 OF THE REVISED 10,210
CODE.
(2) THE INVESTING ENTITY AND THE EXEMPT ENTITY BEARS THE 10,212
BURDEN OF ESTABLISHING BY A PREPONDERANCE OF THE EVIDENCE THAT 10,214
THE INVESTING ENTITY MADE A GOOD FAITH AND REASONABLE EFFORT TO 10,215
COMPLY ON A REASONABLY TIMELY BASIS WITH SECTION 5733.41 AND 10,216
SECTIONS 5747.41 TO 5747.453 OF THE REVISED CODE. 10,217
(3) THIS SECTION DOES NOT MODIFY, REDUCE, ABATE, DEFER, 10,219
POSTPONE, OR BAR THE IMPOSITION OF AND THE REQUIRED PAYMENT OF 10,220
ANY FEE, INTEREST, OR PENALTY OTHERWISE DUE UNDER TITLE LVII OF 10,223
THE REVISED CODE. 10,224
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 10,228
SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DENY THE 10,229
APPLICATION OF DIVISION (A) OF THIS SECTION TO THE DISTRIBUTIVE 10,230
SHARE OF INCOME AND GAIN OF AN INVESTING ENTITY THAT, WITH 10,231
RESPECT TO THAT DISTRIBUTIVE SHARE, IS ITSELF AN EXEMPT ENTITY 10,232
WITH RESPECT TO ANOTHER QUALIFYING PASS-THROUGH ENTITY, 10,233
HEREINAFTER THE "UPPER LEVEL INVESTING ENTITY," IF THE UPPER 10,234
LEVEL INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT HAS NEXUS 10,235
WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES 10,238
DURING THE INVESTING ENTITY'S ENTIRE TAXABLE YEAR. DIVISION (B) 10,240
OF THIS SECTION ALSO APPLIES TO THE UPPER LEVEL INVESTING ENTITY. 10,241
THIS DIVISION APPLIES REGARDLESS OF THE NUMBER OF LEVELS OF 10,242
INVESTING ENTITIES. 10,243
(D) AN INVESTING ENTITY OR UPPER LEVEL INVESTING ENTITY 10,246
DOES NOT INCLUDE AN INVESTMENT PASS-THROUGH ENTITY AS DEFINED IN 10,247
SECTION 5733.401 OF THE REVISED CODE, AND DIVISION (A) OF THIS 10,249
SECTION DOES NOT APPLY WITH RESPECT TO ANY DISTRIBUTIVE SHARES OF 10,250
INCOME OR GAIN THAT PASS THROUGH TO AN INVESTMENT PASS-THROUGH 10,251
ENTITY.
234
Sec. 5733.98. (A) To provide a uniform procedure for 10,260
calculating the amount of tax imposed by section 5733.06 of the 10,261
Revised Code that is due under this chapter, a taxpayer shall 10,263
claim any credits to which it is entitled in the following order,
EXCEPT AS OTHERWISE PROVIDED IN SECTION 5733.058 OF THE REVISED 10,264
CODE:
(1) The credit for taxes paid by a qualifying pass-through 10,266
entity allowed under section 5733.0611 of the Revised Code; 10,267
(2) The credit for qualifying affiliated groups under 10,269
section 5733.068 of the Revised Code; 10,270
(3) The subsidiary corporation credit under section 10,272
5733.067 of the Revised Code; 10,273
(4) The savings and loan assessment credit under section 10,275
5733.063 of the Revised Code; 10,276
(5) The credit for recycling and litter prevention 10,278
donations under section 5733.064 of the Revised Code; 10,280
(6) The credit for employers that enter into agreements 10,283
with child day-care centers under section 5733.36 of the Revised 10,284
Code;
(7) The credit for employers that reimburse employee child 10,286
day-care expenses under section 5733.38 of the Revised Code; 10,288
(8) The credit for manufacturing investments under section 10,290
5733.061 of the Revised Code; 10,291
(9) The credit for purchases of new manufacturing 10,293
machinery and equipment under section 5733.31 or section 5733.311 10,294
of the Revised Code; 10,295
(10) The second credit for purchases of new manufacturing 10,298
machinery and equipment under section 5733.33 of the Revised 10,299
Code;
(11) The enterprise zone credit under section 5709.66 of 10,301
the Revised Code; 10,302
(12) The credit for the eligible costs associated with a 10,304
voluntary action under section 5733.34 of the Revised Code; 10,306
(13) The credit for employers that establish on-site child 10,309
235
day-care under section 5733.37 of the Revised Code; 10,310
(14) The credit for purchases of qualifying grape 10,312
production property under section 5733.32 of the Revised Code; 10,313
(15) The export sales credit under section 5733.069 of the 10,316
Revised Code;
(16) The credit for research and development and 10,318
technology transfer investors under section 5733.35 of the 10,319
Revised Code;
(17) The enterprise zone credits under section 5709.65 of 10,322
the Revised Code;
(18) The refundable jobs creation credit under section 10,324
5733.0610 of the Revised Code. 10,325
(B) For any credit except the refundable jobs creation 10,327
credit, the amount of the credit for a tax year shall not exceed 10,328
the tax due after allowing for any other credit that precedes it 10,329
in the order required under this section. Any excess amount of a 10,330
particular credit may be carried forward if authorized under the 10,331
section creating that credit. 10,332
Sec. 5747.01. Except as otherwise expressly provided or 10,342
clearly appearing from the context, any term used in this chapter 10,343
has the same meaning as when used in a comparable context in the 10,344
Internal Revenue Code, and all other statutes of the United 10,345
States relating to federal income taxes. 10,346
As used in this chapter: 10,348
(A) "Adjusted gross income" or "Ohio adjusted gross 10,350
income" means adjusted gross income as defined and used in the 10,351
Internal Revenue Code, adjusted as provided in divisions (A)(1) 10,353
to (16)(17) of this section:
(1) Add interest or dividends on obligations or securities 10,355
of any state or of any political subdivision or authority of any 10,356
state, other than this state and its subdivisions and 10,357
authorities.
(2) Add interest or dividends on obligations of any 10,359
authority, commission, instrumentality, territory, or possession 10,360
236
of the United States that are exempt from federal income taxes 10,361
but not from state income taxes. 10,362
(3) Deduct interest or dividends on obligations of the 10,364
United States and its territories and possessions or of any 10,365
authority, commission, or instrumentality of the United States to 10,366
the extent included in federal adjusted gross income but exempt 10,367
from state income taxes under the laws of the United States. 10,368
(4) Deduct disability and survivor's benefits to the 10,370
extent included in federal adjusted gross income. 10,371
(5) Deduct benefits under Title II of the Social Security 10,373
Act and tier 1 railroad retirement benefits to the extent 10,374
included in federal adjusted gross income under section 86 of the 10,375
Internal Revenue Code. 10,376
(6) Add, in the case of a taxpayer who is a beneficiary of 10,378
a trust that makes an accumulation distribution as defined in 10,379
section 665 of the Internal Revenue Code, the portion, if any, of 10,380
such distribution that does not exceed the undistributed net 10,381
income of the trust for the three taxable years preceding the 10,382
taxable year in which the distribution is made. "Undistributed 10,383
net income of a trust" means the taxable income of the trust 10,384
increased by (a)(i) the additions to adjusted gross income 10,385
required under division (A) of this section and (ii) the personal 10,386
exemptions allowed to the trust pursuant to section 642(b) of the 10,387
Internal Revenue Code, and decreased by (b)(i) the deductions to 10,388
adjusted gross income required under division (A) of this 10,389
section, (ii) the amount of federal income taxes attributable to 10,390
such income, and (iii) the amount of taxable income that has been 10,391
included in the adjusted gross income of a beneficiary by reason 10,392
of a prior accumulation distribution. Any undistributed net 10,393
income included in the adjusted gross income of a beneficiary 10,394
shall reduce the undistributed net income of the trust commencing 10,395
with the earliest years of the accumulation period. 10,396
(7) Deduct the amount of wages and salaries, if any, not 10,398
otherwise allowable as a deduction but that would have been 10,399
237
allowable as a deduction in computing federal adjusted gross 10,400
income for the taxable year, had the targeted jobs credit allowed 10,401
and determined under sections 38, 51, and 52 of the Internal 10,402
Revenue Code not been in effect. 10,403
(8) Deduct any interest or interest equivalent on public 10,405
obligations and purchase obligations to the extent included in 10,406
federal adjusted gross income. 10,407
(9) Add any loss or deduct any gain resulting from the 10,409
sale, exchange, or other disposition of public obligations to the 10,410
extent included in federal adjusted gross income. 10,411
(10) Regarding tuition credits purchased under Chapter 10,413
3334. of the Revised Code: 10,414
(a) Deduct the following: 10,416
(i) For credits that as of the end of the taxable year 10,419
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,421
amount of income related to the credits, to the extent included 10,422
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 10,425
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 10,426
the total purchase price of the tuition credits refunded over the 10,427
amount of refund, to the extent the amount of the excess was not 10,428
deducted in determining federal adjusted gross income; 10,429
(b) Add the following: 10,431
(i) For credits that as of the end of the taxable year 10,434
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,435
amount of loss related to the credits, to the extent the amount 10,436
of the loss was deducted in determining federal adjusted gross 10,437
income;
(ii) For credits that during the taxable year have been 10,440
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 10,442
238
the amount of refund over the purchase price of each tuition 10,443
credit refunded, to the extent not included in federal adjusted 10,444
gross income.
(11) Deduct, in the case of a self-employed individual as 10,446
defined in section 401(c)(1) of the Internal Revenue Code and to 10,447
the extent not otherwise allowable as a deduction in computing 10,448
federal adjusted gross income for the taxable year, the amount 10,449
paid during the taxable year for insurance which THAT constitutes 10,451
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 10,453
shall be allowed to any taxpayer who is eligible to participate 10,454
in any subsidized health plan maintained by any employer of the 10,455
taxpayer or of the spouse of the taxpayer. No deduction under 10,456
division (A)(11) of this section shall be allowed to the extent 10,457
that the sum of such deduction and any related deduction 10,458
allowable in computing federal adjusted gross income for the 10,459
taxable year exceeds the taxpayer's earned income, within the 10,460
meaning of section 401(c) of the Internal Revenue Code, derived 10,461
by the taxpayer from the trade or business with respect to which 10,462
the plan providing the medical coverage is established. 10,463
(12) Deduct any amount included in federal adjusted gross 10,465
income solely because the amount represents a reimbursement or 10,466
refund of expenses that in a previous year the taxpayer had 10,467
deducted as an itemized deduction pursuant to section 63 of the 10,468
Internal Revenue Code and applicable United States department of 10,470
the treasury regulations.
(13) Deduct any portion of the deduction described in 10,472
section 1341(a)(2) of the Internal Revenue Code, for repaying 10,473
previously reported income received under a claim of right, that 10,474
meets both of the following requirements: 10,475
(a) It is allowable for repayment of an item that was 10,477
included in the taxpayer's adjusted gross income for a prior 10,478
taxable year and did not qualify for a credit under division (A) 10,479
or (B) of section 5747.05 of the Revised Code for that year; 10,480
239
(b) It does not otherwise reduce the taxpayer's adjusted 10,482
gross income for the current or any other taxable year. 10,483
(14) Deduct an amount equal to the deposits made to, and 10,485
net investment earnings of, a medical savings account during the 10,486
taxable year, in accordance with section 3924.66 of the Revised 10,487
Code. THE DEDUCTION ALLOWED BY DIVISION (A)(14) OF THIS SECTION 10,488
DOES NOT APPLY TO MEDICAL SAVINGS ACCOUNT DEPOSITS AND EARNINGS 10,489
OTHERWISE DEDUCTED OR EXCLUDED FOR THE CURRENT OR ANY OTHER 10,490
TAXABLE YEAR FROM THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME. 10,491
(15)(a) Add an amount equal to the funds withdrawn from a 10,493
medical savings account during the taxable year, and the net 10,494
investment earnings on those funds, when the funds withdrawn were 10,495
used for any purpose other than to reimburse an account holder 10,496
for, or to pay, eligible medical expenses, in accordance with 10,497
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 10,499
account under division (A)(2) of section 3924.68 of the Revised 10,500
Code during the taxable year. 10,501
(16) Add any amount claimed as a credit under section 10,503
5747.059 of the Revised Code to the extent that such amount 10,504
satisfies either of the following:
(a) The amount was deducted or excluded from the 10,506
computation of the taxpayer's federal adjusted gross income as 10,507
required to be reported for the taxpayer's taxable year under the 10,508
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 10,510
federal adjusted gross income as required to be reported for any 10,511
of the taxpayer's taxable years under the Internal Revenue Code. 10,512
(16)(17) Deduct the amount contributed by the taxpayer to 10,514
an individual development account program established by a county 10,515
department of human services pursuant to sections 329.11 to 10,516
329.14 of the Revised Code for the purpose of matching funds 10,517
deposited by program participants. On request of the tax 10,518
commissioner, the taxpayer shall provide any information that, in
240
the tax commissioner's opinion, is necessary to establish the 10,519
amount deducted under division (A)(16)(17) of this section. 10,520
(B) "Business income" means income arising from 10,522
transactions, activities, and sources in the regular course of a 10,523
trade or business and includes income from tangible and 10,524
intangible property if the acquisition, rental, management, and 10,525
disposition of the property constitute integral parts of the 10,526
regular course of a trade or business operation. 10,527
(C) "Nonbusiness income" means all income other than 10,529
business income and may include, but is not limited to, 10,530
compensation, rents and royalties from real or tangible personal 10,531
property, capital gains, interest, dividends and distributions, 10,532
patent or copyright royalties, or lottery winnings, prizes, and 10,533
awards. 10,534
(D) "Compensation" means any form of remuneration paid to 10,536
an employee for personal services. 10,537
(E) "Fiduciary" means a guardian, trustee, executor, 10,539
administrator, receiver, conservator, or any other person acting 10,540
in any fiduciary capacity for any individual, trust, or estate. 10,541
(F) "Fiscal year" means an accounting period of twelve 10,543
months ending on the last day of any month other than December. 10,544
(G) "Individual" means any natural person. 10,546
(H) "Internal Revenue Code" means the "Internal Revenue 10,548
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,549
(I) "Resident" means: 10,551
(1) An individual who is domiciled in this state, subject 10,553
to section 5747.24 of the Revised Code; 10,554
(2) The estate of a decedent who at the time of death was 10,557
domiciled in this state. The domicile tests of section 5747.24 10,558
of the Revised Code and any election under section 5747.25 of the 10,559
Revised Code are not controlling for purposes of division (I)(2) 10,560
of this section.
(J) "Nonresident" means an individual or estate that is 10,562
not a resident. An individual who is a resident for only part of 10,563
241
a taxable year is a nonresident for the remainder of that taxable 10,564
year. 10,565
(K) "Pass-through entity" has the same meaning as in 10,567
section 5733.04 of the Revised Code. 10,568
(L) "Return" means the notifications and reports required 10,570
to be filed pursuant to this chapter for the purpose of reporting 10,571
the tax due and includes declarations of estimated tax when so 10,572
required. 10,573
(M) "Taxable year" means the calendar year or the 10,575
taxpayer's fiscal year ending during the calendar year, or 10,576
fractional part thereof, upon which the adjusted gross income is 10,577
calculated pursuant to this chapter. 10,578
(N) "Taxpayer" means any person subject to the tax imposed 10,580
by section 5747.02 of the Revised Code or any pass-through entity 10,581
that makes the election under division (D) of section 5747.08 of 10,582
the Revised Code.
(O) "Dependents" means dependents as defined in the 10,584
Internal Revenue Code and as claimed in the taxpayer's federal 10,585
income tax return for the taxable year or which the taxpayer 10,586
would have been permitted to claim had the taxpayer filed a 10,587
federal income tax return. 10,589
(P) "Principal county of employment" means, in the case of 10,591
a nonresident, the county within the state in which a taxpayer 10,592
performs services for an employer or, if those services are 10,593
performed in more than one county, the county in which the major 10,594
portion of the services are performed. 10,595
(Q) As used in sections 5747.50 to 5747.55 of the Revised 10,597
Code:
(1) "Subdivision" means any county, municipal corporation, 10,599
park district, or township. 10,600
(2) "Essential local government purposes" includes all 10,602
functions that any subdivision is required by general law to 10,603
exercise, including like functions that are exercised under a 10,604
charter adopted pursuant to the Ohio Constitution. 10,605
242
(R) "Overpayment" means any amount already paid that 10,607
exceeds the figure determined to be the correct amount of the 10,608
tax. 10,609
(S) "Taxable income" applies to estates only and means 10,611
taxable income as defined and used in the Internal Revenue Code 10,612
adjusted as follows: 10,613
(1) Add interest or dividends on obligations or securities 10,615
of any state or of any political subdivision or authority of any 10,616
state, other than this state and its subdivisions and 10,617
authorities; 10,618
(2) Add interest or dividends on obligations of any 10,620
authority, commission, instrumentality, territory, or possession 10,621
of the United States that are exempt from federal income taxes 10,622
but not from state income taxes; 10,623
(3) Add the amount of personal exemption allowed to the 10,625
estate pursuant to section 642(b) of the Internal Revenue Code; 10,626
(4) Deduct interest or dividends on obligations of the 10,628
United States and its territories and possessions or of any 10,629
authority, commission, or instrumentality of the United States 10,630
that are exempt from state taxes under the laws of the United 10,631
States; 10,632
(5) Deduct the amount of wages and salaries, if any, not 10,634
otherwise allowable as a deduction but that would have been 10,635
allowable as a deduction in computing federal taxable income for 10,636
the taxable year, had the targeted jobs credit allowed under 10,637
sections 38, 51, and 52 of the Internal Revenue Code not been in 10,638
effect; 10,639
(6) Deduct any interest or interest equivalent on public 10,641
obligations and purchase obligations to the extent included in 10,642
federal taxable income; 10,643
(7) Add any loss or deduct any gain resulting from sale, 10,645
exchange, or other disposition of public obligations to the 10,646
extent included in federal taxable income; 10,647
(8) Except in the case of the final return of an estate, 10,649
243
add any amount deducted by the taxpayer on both its Ohio estate 10,650
tax return pursuant to section 5731.14 of the Revised Code, and 10,651
on its federal income tax return in determining either federal 10,652
adjusted gross income or federal taxable income; 10,653
(9) Deduct any amount included in federal taxable income 10,655
solely because the amount represents a reimbursement or refund of 10,656
expenses that in a previous year the decedent had deducted as an 10,657
itemized deduction pursuant to section 63 of the Internal Revenue 10,658
Code and applicable treasury regulations; 10,659
(10) Deduct any portion of the deduction described in 10,661
section 1341(a)(2) of the Internal Revenue Code, for repaying 10,662
previously reported income received under a claim of right, that 10,663
meets both of the following requirements: 10,664
(a) It is allowable for repayment of an item that was 10,666
included in the taxpayer's taxable income or the decedent's 10,667
adjusted gross income for a prior taxable year and did not 10,668
qualify for a credit under division (A) or (B) of section 5747.05 10,669
of the Revised Code for that year. 10,670
(b) It does not otherwise reduce the taxpayer's taxable 10,672
income or the decedent's adjusted gross income for the current or 10,673
any other taxable year. 10,674
(11) Add any amount claimed as a credit under section 10,676
5747.059 of the Revised Code to the extent that the amount 10,677
satisfies either of the following: 10,678
(a) The amount was deducted or excluded from the 10,680
computation of the taxpayer's federal taxable income as required 10,681
to be reported for the taxpayer's taxable year under the Internal 10,682
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 10,684
federal taxable income as required to be reported for any of the 10,685
taxpayer's taxable years under the Internal Revenue CODE. 10,686
(T) "School district income" and "school district income 10,688
tax" have the same meanings as in section 5748.01 of the Revised 10,689
Code. 10,690
244
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 10,692
(S)(7) of this section, "public obligations," "purchase 10,693
obligations," and "interest or interest equivalent" have the same 10,694
meanings as in section 5709.76 of the Revised Code. 10,695
(V) "Limited liability company" means any limited 10,697
liability company formed under Chapter 1705. of the Revised Code 10,698
or under the laws of any other state. 10,699
(W) "Pass-through entity investor" means any person who, 10,701
during any portion of a taxable year of a pass-through entity, is 10,702
a partner, member, shareholder, or investor in that pass-through 10,703
entity.
(X) "Banking day" has the same meaning as in section 10,705
1304.01 of the Revised Code. 10,706
(Y) "Month" means a calendar month. 10,708
(Z) "Quarter" means the first three months, the second 10,710
three months, the third three months, or the last three months of 10,711
the taxpayer's taxable year.
(AA) Any term used in this chapter that is not otherwise 10,713
defined in this section and that is not used in a comparable 10,714
context in the Internal Revenue Code and other statutes of the 10,715
United States relating to federal income taxes has the same 10,716
meaning as in section 5733.40 of the Revised Code. 10,717
Sec. 5747.08. An annual return with respect to the tax 10,726
imposed by section 5747.02 of the Revised Code and each tax 10,727
imposed under Chapter 5748. of the Revised Code shall be made by 10,728
every taxpayer for any taxable year for which the taxpayer is 10,729
liable for the tax imposed by that section or under that chapter, 10,730
unless the total credits allowed under divisions (E), (F), and 10,731
(G) of section 5747.05 of the Revised Code for the year are equal 10,732
to or exceed the tax imposed by section 5747.02 of the Revised 10,733
Code, in which case no return shall be required unless the 10,734
taxpayer is liable for a tax imposed pursuant to Chapter 5748. of 10,735
the Revised Code. 10,736
(A) If an individual is deceased, any return or notice 10,738
245
required of that individual under this chapter shall be made and 10,739
filed by that decedent's executor, administrator, or other person 10,741
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice 10,743
required by this chapter, the return or notice required of that 10,744
individual shall be made and filed by the individual's duly 10,745
authorized agent, guardian, conservator, fiduciary, or other 10,746
person charged with the care of the person or property of that 10,747
individual.
(C) Returns or notices required of an estate or a trust 10,749
shall be made and filed by the fiduciary of the estate or trust. 10,750
(D)(1) Any (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 10,753
(D)(1)(b) OF THIS SECTION, ANY pass-through entity having two or 10,755
more nonresident pass-through entity investors who derive no 10,756
taxable income from this state, other than a distributive share 10,757
of the pass-through entity income, may file a single return on 10,758
behalf of all or some of those pass-through entity ONE OR MORE OF 10,760
THE ENTITY'S investors who are individuals or estates OTHER THAN 10,762
AN INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,763
SECTION 5733.06 OF THE REVISED CODE. The single return shall set 10,764
forth the name, address, and social security number of each OF 10,765
THOSE pass-through entity investor of that nature INVESTORS and 10,767
shall indicate the distributive share of each OF THOSE
pass-through entity investor's income taxable in this state in 10,769
accordance with sections 5747.20 to 5747.231 of the Revised Code. 10,772
Such nonresident pass-through entity investors for whom the 10,773
pass-through entity elects to file a single return are not 10,774
entitled to the exemption or credit provided for by sections 10,775
5747.02 and 5747.022 of the Revised Code; shall calculate the tax 10,777
before business credits at the highest rate of tax set forth in 10,778
section 5747.02 of the Revised Code for the taxable year for 10,780
which the return is filed; and are entitled to only their 10,781
distributive share of the business credits as defined in division 10,783
(D)(2) of this section. A single check drawn by the pass-through 10,784
246
entity shall accompany the return in full payment of the tax due 10,786
FOR SUCH INVESTORS OTHER THAN INVESTORS WHO ARE PERSONS SUBJECT 10,788
TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE. 10,789
(b)(i) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 10,792
SINGLE RETURN ANY INVESTOR THAT IS A TRUST TO THE EXTENT THAT ANY 10,793
DIRECT OR INDIRECT CURRENT, FUTURE, OR CONTINGENT BENEFICIARY OF 10,794
THE TRUST IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 10,795
5733.06 OF THE REVISED CODE. 10,796
(ii) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 10,799
SINGLE RETURN ANY INVESTOR THAT IS ITSELF A PASS-THROUGH ENTITY 10,800
TO THE EXTENT THAT ANY DIRECT OR INDIRECT INVESTOR IN THE SECOND 10,801
PASS-THROUGH ENTITY IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,802
SECTION 5733.06 OF THE REVISED CODE. 10,803
(c) NOTHING IN DIVISION (D) OF THIS SECTION PRECLUDES THE 10,807
TAX COMMISSIONER FROM REQUIRING SUCH INVESTORS TO FILE THE RETURN 10,808
AND MAKE THE PAYMENT OF TAXES AND RELATED INTEREST, PENALTY, AND 10,809
INTEREST PENALTY REQUIRED BY THIS SECTION OR SECTION 5747.02, 10,810
5747.09, OR 5747.15 OF THE REVISED CODE. NOTHING IN DIVISION (D) 10,812
OF THIS SECTION SHALL BE CONSTRUED TO PROVIDE TO SUCH AN INVESTOR 10,813
OR PASS-THROUGH ENTITY ANY ADDITIONAL DEDUCTION OR CREDIT, OTHER 10,814
THAN THE CREDIT PROVIDED BY DIVISION (J) OF THIS SECTION, SOLELY 10,816
ON ACCOUNT OF THE ENTITY'S FILING A RETURN IN ACCORDANCE WITH 10,817
THIS SECTION. Such a pass-through entity also shall make the 10,818
filing and payment of estimated taxes on behalf of those 10,819
nonresident THE pass-through entity investors OTHER THAN AN 10,820
INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,821
SECTION 5733.06 OF THE REVISED CODE. 10,822
(2) For the purposes of this section, "business credits" 10,825
means the credits listed in section 5747.98 of the Revised Code 10,828
excluding the following credits: 10,829
(a) The retirement credit under division (B) of section 10,832
5747.055 of the Revised Code; 10,834
(b) The senior citizen credit under division (C) of 10,837
section 5747.05 of the Revised Code; 10,839
247
(c) The lump sum distribution credit under division (D) of 10,842
section 5747.05 of the Revised Code; 10,844
(d) The dependent care credit under section 5747.054 of 10,847
the Revised Code; 10,848
(e) The lump sum retirement income credit under division 10,851
(C) of section 5747.055 of the Revised Code; 10,853
(f) The lump sum retirement income credit under division 10,856
(D) of section 5747.055 of the Revised Code; 10,858
(g) The lump sum retirement income credit under division 10,861
(E) of section 5747.055 of the Revised Code; 10,863
(h) The credit for displaced workers who pay for job 10,866
training under section 5747.27 of the Revised Code; 10,868
(i) The twenty-dollar personal exemption credit under 10,871
section 5747.022 of the Revised Code; 10,873
(j) The joint filing credit under division (G) of section 10,876
5747.05 of the Revised Code; 10,878
(k) The nonresident credit under division (A) of section 10,881
5747.05 of the Revised Code; 10,883
(l) The credit for a resident's out-of-state income under 10,886
division (B) of section 5747.05 of the Revised Code. 10,889
(3) The election provided for under division (D) of this 10,892
section applies only to the taxable year for which the election 10,893
is made by the pass-through entity. Unless the tax commissioner 10,894
provides otherwise, this election, once made, is binding and 10,895
irrevocable for the taxable year for which the election is made. 10,896
Nothing in this division shall be construed to provide for any 10,897
deduction or credit that would not be allowable if a nonresident 10,898
pass-through entity investor were to file an annual return. 10,899
(4) If a pass-through entity makes the election provided 10,901
for under division (D) of this section, the pass-through entity 10,903
shall be liable for any additional taxes, interest, interest 10,904
penalty, or penalties imposed by this chapter if the tax 10,906
commissioner determines that the single return does not reflect 10,907
the correct tax due by nonresident pass-through entity investors 10,908
248
covered by that return. Nothing in this division shall be 10,909
construed to limit or alter the liability, if any, imposed on 10,910
pass-through entity investors for unpaid or underpaid taxes, 10,911
interest, interest penalty, or penalties as a result of the
pass-through entity's making the election provided for under 10,912
division (D) of this section. For the purposes of division (D) 10,915
of this section, "correct tax due" means the tax that would have 10,916
been paid by the pass-through entity had the single return been 10,917
filed in a manner reflecting and including the findings and 10,918
determinations made by the tax commissioner. Nothing in division 10,920
(D) of this section shall be construed to make or hold a 10,921
pass-through entity liable for tax attributable to a pass-through 10,922
entity investor's income from a source other than the 10,923
pass-through entity electing to file the single return. 10,924
(E) If a husband and wife file a joint federal income tax 10,926
return for a taxable year, they shall file a joint return under 10,927
this section for that taxable year, and their liabilities are 10,928
joint and several, but, if the federal income tax liability of 10,929
either spouse is determined on a separate federal income tax 10,930
return, they shall file separate returns under this section. 10,931
If either spouse is not required to file a federal income 10,933
tax return and either or both are required to file a return 10,934
pursuant to this chapter, they may elect to file separate or 10,935
joint returns, and, pursuant to that election, their liabilities 10,936
are separate or joint and several. If a husband and wife file 10,937
separate returns pursuant to this chapter, each must claim the 10,938
taxpayer's own exemption, but not both, as authorized under 10,939
section 5747.02 of the Revised Code on the taxpayer's own return. 10,942
(F) Each return or notice required to be filed under this 10,944
section shall contain the signature of the taxpayer or the 10,946
taxpayer's duly authorized agent and of the person who prepared 10,947
the return for the taxpayer, and shall include the taxpayer's 10,948
social security number. Each return shall be verified by a 10,949
declaration under the penalties of perjury. The tax commissioner 10,950
249
shall prescribe the form that the signature and declaration shall 10,951
take.
(G) Each return or notice required to be filed under this 10,953
section shall be made and filed as required by section 5747.04 of 10,954
the Revised Code, on or before the fifteenth day of April of each 10,955
year, on forms that the tax commissioner shall prescribe, 10,956
together with remittance made payable to the treasurer of state 10,957
in the combined amount of the state and all school district 10,958
income taxes shown to be due on the form, unless the combined 10,959
amount shown to be due is one dollar or less, in which case that 10,960
amount need not be remitted. Returns for taxable years for which 10,963
a reduction in the tax due is made under division (B) of section 10,964
5747.02 of the Revised Code shall include the following 10,966
statement: "The tax on this line reflects a.....% (here enter 10,967
the percentage reduction described in division (B) of section 10,968
5747.02 of the Revised Code) reduction under legislation enacted 10,970
by the General Assembly requiring the return of excess state 10,973
revenue to taxpayers." The statement shall appear in boldface 10,974
type and shall be placed in a prominent location on the return in 10,975
the vicinity of the location where the amount of tax due, before 10,976
any credits or amounts withheld, is entered. 10,977
Upon good cause shown, the commissioner may extend the 10,979
period for filing any notice or return required to be filed under 10,980
this section and may adopt rules relating to extensions. If the 10,981
extension results in an extension of time for the payment of any 10,982
state or school district income tax liability with respect to 10,983
which the return is filed, the taxpayer shall pay at the time the 10,984
tax liability is paid an amount of interest computed at the rate 10,985
per annum prescribed by section 5703.47 of the Revised Code on 10,986
that liability from the time that payment is due without 10,987
extension to the time of actual payment. In addition to all 10,988
other interest charges and penalties, all taxes imposed by 10,989
section 5747.02 of the Revised Code or under THIS CHAPTER OR 10,990
Chapter 5748. of the Revised Code and remaining unpaid after they 10,993
250
become due, except combined amounts due of one dollar or less, 10,994
bear interest at the rate per annum prescribed by section 5703.47 10,995
of the Revised Code until paid or until the day an assessment is 10,996
issued under section 5747.13 of the Revised Code, whichever
occurs first. If the commissioner considers it necessary in 10,999
order to ensure the payment of the tax imposed by section 5747.02 11,000
of the Revised Code or any tax imposed under Chapter 5748. of the 11,001
Revised Code, the commissioner may require returns and payments 11,002
to be made otherwise than as provided in this section. 11,003
(H) If any report, claim, statement, or other document 11,005
required to be filed, or any payment required to be made, within 11,006
a prescribed period or on or before a prescribed date under this 11,007
chapter is delivered after that period or that date by United 11,008
States mail to the agency, officer, or office with which the 11,009
report, claim, statement, or other document is required to be 11,010
filed, or to which the payment is required to be made, the date 11,011
of the postmark stamped on the cover in which the report, claim, 11,012
statement, or other document, or payment is mailed shall be 11,013
deemed to be the date of delivery or the date of payment. 11,014
If a payment is required to be made by electronic funds 11,016
transfer pursuant to section 5747.072 of the Revised Code, the 11,017
payment is considered to be made when the payment is received by 11,018
the treasurer of state or credited to an account designated by 11,019
the treasurer of state for the receipt of tax payments. 11,020
"The date of the postmark" means, in the event there is 11,023
more than one date on the cover, the earliest date imprinted on 11,024
the cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to 11,026
section 5747.06 of the Revised Code shall be allowed to the 11,027
recipient of the compensation as credits against payment of the 11,028
appropriate taxes imposed on the recipient by section 5747.02 and 11,030
under Chapter 5748. of the Revised Code.
(J) IF, IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION, A 11,034
PASS-THROUGH ENTITY ELECTS TO FILE A SINGLE RETURN AND IF ANY 11,035
251
INVESTOR IS REQUIRED TO FILE THE RETURN AND MAKE THE PAYMENT OF 11,036
TAXES REQUIRED BY THIS CHAPTER ON ACCOUNT OF THE INVESTOR'S OTHER 11,037
INCOME THAT IS NOT INCLUDED IN A SINGLE RETURN FILED BY A 11,038
PASS-THROUGH ENTITY, THE INVESTOR IS ENTITLED TO A REFUNDABLE 11,039
CREDIT EQUAL TO THE INVESTOR'S PROPORTIONATE SHARE OF THE TAX 11,040
PAID BY THE PASS-THROUGH ENTITY ON BEHALF OF THE INVESTOR. THE 11,041
INVESTOR SHALL CLAIM THE CREDIT FOR THE INVESTOR'S TAXABLE YEAR 11,042
IN WHICH OR WITH WHICH ENDS THE TAXABLE YEAR OF THE PASS-THROUGH 11,043
ENTITY. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW ANY 11,044
CREDIT PROVIDED IN THIS CHAPTER TO BE CLAIMED MORE THAN ONCE. 11,045
FOR THE PURPOSES OF COMPUTING ANY INTEREST, PENALTY, OR INTEREST 11,046
PENALTY, THE INVESTOR SHALL BE DEEMED TO HAVE PAID THE REFUNDABLE 11,047
CREDIT PROVIDED BY THIS DIVISION ON THE DAY THAT THE PASS-THROUGH 11,048
ENTITY PAID THE ESTIMATED TAX OR THE TAX GIVING RISE TO THE 11,049
CREDIT.
Sec. 5747.401. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN 11,052
DIVISION (B) OF THIS SECTION, FOR THE PURPOSES OF SECTIONS 11,054
5733.40, 5733.401, 5733.402, 5733.41, AND 5747.40 TO 5747.457 OF 11,055
THE REVISED CODE, THE INVESTORS IN AN INVESTMENT PASS-THROUGH 11,057
ENTITY AS DEFINED IN SECTION 5733.401 OF THE REVISED CODE, 11,058
HEREINAFTER THE "DEEMED INVESTORS," SHALL BE DEEMED TO BE 11,059
INVESTORS IN ANY OTHER PASS-THROUGH ENTITY IN WHICH THE 11,060
INVESTMENT PASS-THROUGH ENTITY IS A DIRECT INVESTOR WITHOUT 11,061
REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED CODE. 11,062
EACH DEEMED INVESTOR'S PORTION OF SUCH OTHER PASS-THROUGH 11,063
ENTITY'S ADJUSTED QUALIFYING AMOUNT SHALL BE THE ADJUSTED 11,064
QUALIFYING AMOUNT THAT, WITHOUT REGARD TO THIS SECTION, PASSES 11,065
THROUGH FROM SUCH OTHER PASS-THROUGH ENTITY TO THE INVESTMENT 11,066
PASS-THROUGH ENTITY MULTIPLIED BY THE PERCENTAGE OF THE DEEMED 11,067
INVESTOR'S DIRECT OWNERSHIP IN THE INVESTMENT PASS-THROUGH ENTITY 11,068
WITHOUT REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED 11,070
CODE.
(2) FOR THE PURPOSES OF SECTIONS 5733.40, 5733.401, 11,073
5733.402, 5733.41, AND 5747.40 TO 5747.457 OF THE REVISED CODE, 11,074
252
THE INVESTMENT PASS-THROUGH ENTITY SHALL NOT BE DEEMED TO BE AN 11,075
INVESTOR IN SUCH OTHER PASS-THROUGH ENTITY. 11,076
(3) IF THE TAXABLE YEAR OF THE INVESTMENT PASS-THROUGH 11,078
ENTITY ENDS ON A DAY OTHER THAN THE LAST DAY OF SUCH OTHER 11,079
PASS-THROUGH ENTITY'S TAXABLE YEAR, DIVISION (A)(1) OF THIS 11,081
SECTION APPLIES TO THOSE PERSONS WHO ARE INVESTORS IN THE 11,082
INVESTMENT PASS-THROUGH ENTITY ON THE LAST DAY OF SUCH OTHER 11,083
PASS-THROUGH ENTITY'S TAXABLE YEAR ENDING WITHIN THE INVESTMENT 11,084
PASS-THROUGH ENTITY'S TAXABLE YEAR. 11,085
(B) DIVISION (A) OF THIS SECTION APPLIES ONLY TO THE 11,089
EXTENT TO WHICH THE INVESTMENT PASS-THROUGH ENTITY PROVIDES ON A 11,090
TIMELY BASIS TO SUCH OTHER PASS-THROUGH ENTITY THE NAME, ADDRESS, 11,091
AND SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER FOR 11,092
EACH DIRECT INVESTOR IN THE INVESTMENT PASS-THROUGH ENTITY 11,093
WITHOUT REGARD TO SECTIONS 5733.057 AND 5747.231 OF THE REVISED 11,094
CODE. ONCE SUCH OTHER PASS-THROUGH ENTITY RECEIVES SUCH 11,095
INFORMATION FROM THE INVESTMENT PASS-THROUGH ENTITY, DIVISION (A) 11,097
OF THIS SECTION APPLIES FOR SUCH OTHER PASS-THROUGH ENTITY'S 11,098
TAXABLE YEAR UNLESS THE TAX COMMISSIONER PERMITS THE INVESTMENT 11,099
PASS-THROUGH ENTITY TO REVOKE THE NOTICE THAT THE INVESTMENT 11,100
PASS-THROUGH ENTITY PREVIOUSLY PROVIDED TO SUCH OTHER 11,101
PASS-THROUGH ENTITY.
Sec. 5747.43. (A) As used in this section: 11,110
(1) "Estimated taxes" means the amount that a qualifying 11,113
entity estimates to be the sum of its liability under sections 11,114
5733.41 and 5747.41 of the Revised Code for its current 11,115
qualifying taxable year.
(2) "Tax liability" means the total of the taxes and 11,118
withholding taxes due under sections 5733.41 and 5747.41 of the 11,119
Revised Code for the qualifying taxable year prior to applying 11,120
any estimated tax payment or refund from another year.
(3) "Taxes paid" includes payments of estimated taxes made 11,122
under division (C) of this section and tax refunds applied by the 11,123
qualifying entity in payment of estimated taxes. 11,124
253
(B) In addition to the return required to be filed 11,126
pursuant to section 5747.42 of the Revised Code, each qualifying 11,127
entity subject to the tax imposed under section 5733.41 and to 11,129
the withholding tax imposed by section 5747.41 of the Revised
Code shall file an estimated tax return and pay a portion of the 11,130
qualifying entity's tax liability for its qualifying taxable 11,131
year. The portion of those taxes required to be paid, and the 11,133
last day prescribed for payment thereof, shall be as prescribed
by divisions (B)(1), (2), (3), and (4) of this section: 11,134
(1) On or before the fifteenth day of the month following 11,136
the last day of the first quarter of the qualifying entity's 11,137
qualifying taxable year, twenty-two and one-half per cent of the 11,138
qualifying entity's estimated tax liability for that taxable 11,139
year;
(2) On or before the fifteenth day of the month following 11,141
the last day of the second quarter of the qualifying entity's 11,142
qualifying taxable year, forty-five per cent of the qualifying 11,143
entity's estimated tax liability for that taxable year; 11,144
(3) On or before the fifteenth day of the month following 11,146
the last day of the third quarter of the qualifying entity's 11,147
qualifying taxable year, sixty-seven and one-half per cent of the 11,148
qualifying entity's estimated tax liability for that taxable 11,149
year;
(4) On or before the fifteenth day of the month following 11,151
the last day of the fourth quarter of the qualifying entity's 11,152
qualifying taxable year, ninety per cent of the qualifying 11,153
entity's estimated tax liability for that taxable year.
Payments of estimated taxes shall be made payable to the 11,155
treasurer of state.
(C) If a payment of estimated taxes is not paid in the 11,157
full amount required under division (B) of this section, a 11,158
penalty shall be added to the taxes charged for the qualifying 11,159
taxable year unless the underpayment is due to reasonable cause 11,160
as described in division (D) of this section. The penalty shall 11,161
254
accrue at the rate per annum prescribed by section 5703.47 of the
Revised Code upon the amount of underpayment from the day the 11,162
estimated payment was required to be made to the day the payment 11,163
is made.
The amount of the underpayment upon which the penalty shall 11,165
accrue shall be determined as follows: 11,166
(1) For the first payment of estimated taxes each year, 11,168
twenty-two and one-half per cent of the tax liability less the 11,169
amount of taxes paid by the date prescribed for that payment; 11,170
(2) For the second payment of estimated taxes each year, 11,172
forty-five per cent of the tax liability less the amount of taxes 11,173
paid by the date prescribed for that payment; 11,174
(3) For the third payment of estimated taxes each year, 11,176
sixty-seven and one-half per cent of the tax liability less the 11,177
amount of taxes paid by the date prescribed for that payment; 11,178
(4) For the fourth payment of estimated taxes each year, 11,180
ninety per cent of the tax liability less the amount of taxes 11,181
paid by the date prescribed for that payment. 11,182
For the purposes of this section, a payment of estimated 11,184
taxes on or before any payment date shall be considered a payment 11,185
of a previous underpayment only to the extent the payment of 11,186
estimated taxes exceeds the amount of the payment presently 11,187
required to be paid to avoid any penalty.
The penalty imposed under division (C) of this section is 11,189
in lieu of any other interest charge or penalty imposed for 11,190
failure to file a declaration of estimated tax report and make 11,191
estimated payments as required by this section.
(D) An underpayment of estimated taxes determined under 11,193
division (C) of this section is due to reasonable cause if any of 11,194
the following apply:
(1) The amount of tax that was paid equals at least ninety 11,196
per cent of the tax liability for the current qualifying taxable 11,197
year, determined by annualizing the income received during that 11,198
year up to the end of the month immediately preceding the month 11,199
255
in which the payment is due;
(2) The amount of tax liability that was paid equals at 11,201
least ninety per cent of the tax liability for the current 11,202
qualifying taxable year;
(3) The amount of tax liability that was paid equals at 11,204
least one hundred per cent of the tax liability shown on the 11,205
return of the qualifying entity for the preceding qualifying 11,206
taxable year, provided that the immediately preceding qualifying 11,207
taxable year reflected a period of twelve months and the
qualifying entity filed a return under section 5747.42 of the 11,208
Revised Code for that year.
(E)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY 11,213
FOR A TAXABLE YEAR IF EITHER OF THE FOLLOWING APPLIES TO THE 11,214
QUALIFYING ENTITY:
(a) FOR THE IMMEDIATELY PRECEDING TAXABLE YEAR, THE ENTITY 11,217
COMPUTES IN GOOD FAITH AND IN A REASONABLE MANNER THAT THE SUM OF 11,218
ITS ADJUSTED QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 11,220
(b) FOR THE TAXABLE YEAR THE ENTITY COMPUTES IN GOOD FAITH 11,223
AND IN A REASONABLE MANNER THAT THE SUM OF ITS ADJUSTED 11,224
QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 11,225
(2) NOTWITHSTANDING ANY OTHER PROVISION OF TITLE LVII OF 11,229
THE REVISED CODE TO THE CONTRARY, THE ENTITY SHALL ESTABLISH BY A 11,230
PREPONDERANCE OF THE EVIDENCE THAT ITS COMPUTATION OF THE 11,231
ADJUSTED QUALIFYING AMOUNTS FOR THE IMMEDIATELY PRECEDING TAXABLE 11,232
YEAR AND THE TAXABLE YEAR WAS, IN FACT, MADE IN GOOD FAITH AND IN 11,233
A REASONABLE MANNER. 11,234
(F) The tax commissioner may waive the requirement for 11,236
filing a declaration of estimated taxes for any class of 11,238
qualifying entities if the commissioner finds the waiver is 11,239
reasonable and proper in view of administrative costs and other
factors. 11,240
Sec. 5747.98. (A) To provide a uniform procedure for 11,249
calculating the amount of tax due under section 5747.02 of the 11,250
Revised Code, a taxpayer shall claim any credits to which the 11,251
256
taxpayer is entitled in the following order: 11,253
(1) The retirement income credit under division (B) of 11,255
section 5747.055 of the Revised Code; 11,256
(2) The senior citizen credit under division (C) of 11,258
section 5747.05 of the Revised Code; 11,259
(3) The lump sum distribution credit under division (D) of 11,261
section 5747.05 of the Revised Code; 11,262
(4) The dependent care credit under section 5747.054 of 11,264
the Revised Code; 11,265
(5) The lump sum retirement income credit under division 11,267
(C) of section 5747.055 of the Revised Code; 11,268
(6) The lump sum retirement income credit under division 11,270
(D) of section 5747.055 of the Revised Code; 11,271
(7) The lump sum retirement income credit under division 11,273
(E) of section 5747.055 of the Revised Code; 11,274
(8) The credit for displaced workers who pay for job 11,276
training under section 5747.27 of the Revised Code; 11,277
(9) The campaign contribution credit under section 5747.29 11,279
of the Revised Code; 11,280
(10) The twenty-dollar personal exemption credit under 11,282
section 5747.022 of the Revised Code; 11,283
(11) The joint filing credit under division (G) of section 11,286
5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of section 11,289
5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income under 11,292
division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter into agreements 11,295
with child day-care centers under section 5747.34 of the Revised 11,296
Code;
(15) The credit for employers that reimburse employee 11,298
child day-care expenses under section 5747.36 of the Revised 11,299
Code;
(16) The credit for manufacturing investments under 11,301
257
section 5747.051 of the Revised Code; 11,302
(17) The credit for purchases of new manufacturing 11,304
machinery and equipment under section 5747.26 or section 5747.261 11,306
of the Revised Code;
(18) The second credit for purchases of new manufacturing 11,309
machinery and equipment under section 5747.31 of the Revised 11,310
Code;
(19) The enterprise zone credit under section 5709.66 of 11,312
the Revised Code; 11,313
(20) The credit for the eligible costs associated with a 11,315
voluntary action under section 5747.32 of the Revised Code; 11,317
(21) The credit for employers that establish on-site child 11,320
day-care centers under section 5747.35 of the Revised Code; 11,321
(22) The credit for purchases of qualifying grape 11,323
production property under section 5747.28 of the Revised Code; 11,324
(23) The export sales credit under section 5747.057 of the 11,327
Revised Code;
(24) The credit for research and development and 11,329
technology transfer investors under section 5747.33 of the 11,330
Revised Code;
(25) The enterprise zone credits under section 5709.65 of 11,333
the Revised Code;
(26) The refundable jobs creation credit under section 11,336
5747.058 of the Revised Code;
(27) The refundable credit for taxes paid by a qualifying 11,338
entity granted under section 5747.059 of the Revised Code; 11,339
(28) THE REFUNDABLE CREDITS FOR TAXES PAID BY A QUALIFYING 11,341
PASS-THROUGH ENTITY GRANTED UNDER DIVISION (J) OF SECTION 5747.08 11,342
OF THE REVISED CODE.
(B) For any credit except the refundable jobs creation 11,344
credit and the refundable credit for taxes paid by a qualifying 11,345
entity CREDITS ENUMERATED IN DIVISIONS (A)(26), (27), AND (28) OF 11,347
THIS SECTION AND THE CREDIT GRANTED UNDER DIVISION (I) OF SECTION
5747.08 OF THE REVISED CODE, the amount of the credit for a 11,348
258
taxable year shall not exceed the tax due after allowing for any 11,349
other credit that precedes it in the order required under this 11,350
section. Any excess amount of a particular credit may be carried 11,351
forward if authorized under the section creating that credit. 11,352
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW A TAXPAYER TO 11,353
CLAIM, DIRECTLY OR INDIRECTLY, A CREDIT MORE THAN ONCE FOR A 11,354
TAXABLE YEAR.
Sec. 5907.15. THERE IS HEREBY CREATED IN THE STATE 11,356
TREASURY THE OHIO VETERANS HOME RENTAL AND SERVICE REVENUE FUND. 11,357
REVENUE GENERATED FROM TEMPORARY USE AGREEMENTS OF THE HOME, FROM 11,359
THE SALE OF MEALS AT THE HOME'S DINING HALLS, AND FROM RENTAL, 11,360
LEASE, OR SHARING AGREEMENTS FOR THE USE OF FACILITIES, SUPPLIES, 11,361
EQUIPMENT, UTILITIES, OR SERVICES PROVIDED BY THE HOME SHALL BE 11,362
CREDITED TO THE FUND. THE FUND SHALL BE USED ONLY FOR
MAINTENANCE COSTS OF THE HOME. 11,363
Section 2. That existing sections 101.68, 126.14, 131.35, 11,366
133.06, 325.19, 718.01, 3313.646, 3313.841, 3313.842, 3313.975, 11,367
3313.98, 3314.02, 3314.03, 3314.06, 3314.07, 3314.08, 3317.01, 11,368
3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 11,370
3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216,
3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 11,371
3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3319.22, 3323.091, 11,372
3323.12, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 11,373
4745.01, 5101.93, 5104.32, 5104.34, 5104.35, 5104.38, 5711.22, 11,374
5733.04, 5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 11,375
5747.01, 5747.08, 5747.43, and 5747.98, and section 5747.452 of 11,377
the Revised Code are hereby repealed. Existing Section 50.11 of 11,379
Am. Sub. H.B. 215 of the 122nd General Assembly, as most recently 11,380
amended by Am. Sub. H.B. 650 of the 122nd General Assembly, is 11,381
hereby repealed.
Section 3. That Sections 20.05, 47.13, 50.52, 50.52.2, 11,383
50.52.4, 50.52.7, 50.52.9, 58, 62.01, 67.08, 101, 119, 190, and 11,384
210 of Am. Sub. H.B. 215 of the 122nd General Assembly be amended 11,385
to read as follows:
259
"Sec. 20.05. Transfers to Central Service Agency Fund 11,387
The Director of Budget and Management may transfer up to 11,389
$1,500,000 in fiscal year 1998 and up to $500,000 in fiscal year 11,390
1999 from the Occupational Licensing and Regulatory Fund (Fund 11,391
4K9) to the Central Service Agency Fund (Fund 115). The cash 11,392
transferred shall be used to purchase the necessary equipment, 11,393
products, and services to install a local area network for the 11,394
professional licensing boards, to migrate their licensing 11,395
applications to this network, and to provide for the ongoing 11,396
operations of the network in fiscal year 1998 and fiscal year 11,397
1999. Appropriation authority equal to the cash transfer is 11,398
hereby appropriated to line item 100-632, Central Service Agency. 11,400
The Director of Budget and Management may transfer up to 11,402
$150,000 in fiscal year 1998 AND UP TO $150,000 IN FISCAL YEAR 11,403
1999 from the Occupational Licensing and Regulatory Fund (Fund 11,405
4K9) to the Central Service Agency Fund (Fund 115). The cash 11,406
shall be utilized as necessary to subsidize the operations of the 11,407
Central Service Agency during the process of transition due to 11,408
the Medical Board and the Pharmacy Board no longer using Central 11,409
Service Agency services.
The Director of Budget and Management shall transfer up to 11,411
$20,000 in fiscal year 1998 from the Occupational Licensing and 11,412
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund 11,413
(Fund 115). The Office of Budget and Management shall conduct, 11,414
or contract for the conduct of, a study examining the feasibility 11,416
of consolidating the administrative process of licensing and 11,417
regulating barbers and cosmetologists while respecting the 11,418
separate identities of the two professions. Appropriation
authority equal to the cash transfer is hereby appropriated to 11,420
line item 100-632, Central Service Agency.
Sec. 47.13. Minority Business Bonding Fund 11,422
Notwithstanding Chapters 122., 169., and 175. of the 11,424
Revised Code and other provisions of this act AM. SUB. H.B. 215 11,426
OF THE 122nd GENERAL ASSEMBLY, the Director of Development may, 11,428
260
upon the recommendation of the Minority Development Financing 11,429
Advisory Board, pledge up to $10,000,000 in this biennium of 11,430
unclaimed funds administered by the Director of Commerce and 11,431
allocated to the Minority Business Bonding Program pursuant to 11,432
section 169.05 of the Revised Code. The transfer of any cash by 11,433
the Director of Commerce from the Department of Commerce's 11,434
Unclaimed Funds Fund (Fund 543) to the Department of 11,435
Development's Minority Business Bonding Fund (Fund 449) shall 11,436
occur, if requested by the Director of Development, only if such 11,437
funds are needed for payment of losses arising from the Minority 11,438
Business Bonding Program, and only after the $2,700,000 11,439
transferred to the Minority Business Bonding Fund by the 11,440
Controlling Board in 1983 has been used for that purpose. Moneys 11,441
transferred by the Director of Commerce for this purpose may be 11,442
moneys in custodial funds held by the Treasurer of State. If 11,443
expenditures are required for payment of losses arising from the 11,444
Minority Business Bonding Program, such expenditures shall be 11,445
made from appropriation item 195-623, Minority Business Bonding 11,446
Contingency in the Minority Business Bonding Fund, and such 11,447
amounts are hereby appropriated. 11,448
Minority Business Bonding Program Administration 11,450
Investment earnings of the Minority Business Bonding Fund 11,452
(Fund 449), shall be credited to Minority Business Bonding 11,453
Program Administration Fund (Fund 450). 11,454
Ohio Minority Development Financing Advisory Board 11,456
The foregoing appropriation item 195-411, Minority 11,458
Development Financing Advisory Board, shall be used to pay 11,459
operating costs associated with the Minority Development 11,460
Financing Advisory Board. 11,461
Minority Business Enterprise Loan 11,463
Of the foregoing appropriation item 195-646, Minority 11,465
Business Enterprise Loan (Fund 4W1), not less than $500,000 in 11,467
each fiscal year shall be used to fund the Ohio Mini-Loan
Guarantee Program to make loan guarantees to small businesses in 11,468
261
an amount not to exceed fifty per cent of the total capital cost 11,469
of the project being assisted. In each fiscal year, no more than 11,470
$400,000 shall be used to pay up to 50 per cent of the operating 11,471
costs of the Minority Development Financing Advisory Board. 11,472
In fiscal year 1998 DURING THE 1997-1999 BIENNIUM, the 11,474
Director of Development shall use $250,000 from appropriation 11,476
item 195-646, Minority Business Enterprise Loan, to study 11,477
minority businesses to identify current minority business needs 11,478
and to determine how to improve Department of Development 11,479
services for minority businesses that would promote economic 11,480
development throughout the state.
All loan repayments from the Minority Development Financing 11,482
Advisory Board loan program and the Ohio Mini-Loan Guarantee 11,483
Program shall be deposited in the State Treasury, to the credit 11,484
of the Minority Enterprise Loan Fund (Fund 4W1). 11,485
Sec. 50.52. Community Schools 11,487
The foregoing appropriation item 200-455, Community 11,489
Schools, shall be paid to the Lucas County Educational Service 11,490
Center for the Superintendent to use in awarding planning and 11,491
start-up grants pursuant to this section. Of the foregoing 11,492
appropriation item 200-455, Community Schools, $150,000 in each 11,493
fiscal year may be retained by the Lucas County Educational
Service Center to pay for additional services and 11,494
responsibilities under this act AM. SUB. H.B. 215 OF THE 122nd 11,496
GENERAL ASSEMBLY, subject to the reporting of actual expenses 11,497
incurred to the Department of Education. 11,498
From the money received each year from appropriation item 11,500
200-455, Community Schools, the Superintendent of the Lucas 11,502
County Educational Service Center shall make grants to community 11,503
schools. The Superintendent shall make a grant of up to $50,000 11,504
to a proposing group with a preliminary agreement obtained under 11,505
division (B)(4)(2) of Subsection 4 of this section in order to 11,506
defray planning and initial start-up costs. In the first year of 11,507
operation of a community school, the Superintendent shall make a 11,508
262
grant of no more than $100,000 to the governing authority of the 11,509
school to partially defray additional start-up costs. The amount 11,510
of the grant shall be based on a thorough examination of the 11,511
needs of the community school. The Superintendent shall not
utilize money received under this section for any other purpose 11,512
other than those specified under this section. 11,513
The governing authority of a community school established 11,516
pursuant to this section and the Governing Board of the Lucas 11,517
County Educational Service Center may enter into an agreement, 11,518
through the adoption of identical resolutions, under which the 11,519
Service Center Board will provide services to the community 11,520
school. Services provided under the agreement and the amount and 11,521
manner in which the community school board will pay for such 11,522
services shall be mutually agreed to by the school's governing 11,523
board and the Service Center Board and shall be specified in the 11,524
service agreement. No agreement may extend beyond June 30, 2003. 11,525
The immediately following sections of law, designated as 11,527
Subsections 1 through 13, are (a) integral parts of this section 11,528
and (b) a discrete phase of this act AM. SUB. H.B. 215 OF THE 11,530
122nd GENERAL ASSEMBLY. Within the scope of this section, the 11,532
subsections are cited and referred to by only their subsection 11,533
numbers. For any other purposes, however, the subsections may be 11,534
cited and referred to by stating, first, the number of this
section and, then, following a decimal point, the number of the 11,535
subsection. For example, if this section were numbered "37.05," 11,536
Subsection 5 of this section would be cited and referred to in 11,537
the form, "Section 37.05.5 of this act AM. SUB. H.B. 215 OF THE 11,539
122nd GENERAL ASSEMBLY." 11,540
Sec. 50.52.2. (A) As used in this section: 11,542
(1) "Lucas County area" includes the entire territory of 11,545
any school district having the majority of its territory in Lucas 11,546
County.
(2) "Start-up school" means a community school other than 11,548
one created by converting all or part of an existing public 11,549
263
school, as designated in the school's contract pursuant to 11,550
division (P) of Subsection 5 of this section.
(B) The General Assembly finds that the establishment of 11,552
independent community schools throughout the state has potential 11,553
desirable effects, including providing parents a choice of 11,554
academic environments for their children and providing the 11,555
education community with the opportunity to establish limited 11,556
experimental educational programs in a deregulated setting. 11,557
However, the potential effects of a statewide system of community 11,559
schools could also generate some adverse results. Therefore, the 11,560
General Assembly finds it advisable to establish a pilot project 11,561
in the Lucas County area which will permit the operation of 11,562
community schools in a limited area of the state in order to 11,563
provide for the evaluation and measurement of the effects of 11,564
these schools.
No more than twenty start-up school contracts may be in 11,567
effect at any time under this section. The Superintendent of the 11,569
Lucas County Educational Service Center shall be responsible for 11,570
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 11,572
grade levels, and will appeal to students with a variety of 11,573
interests or characteristics in order to provide for a range of 11,574
educational experiments within the pilot project schools. Upon 11,575
entering into a preliminary agreement pursuant to Subsection 4 of 11,576
this section, the potential sponsor of a community school shall 11,577
file a copy of the preliminary agreement with the Superintendent 11,578
of the Lucas County Educational Service Center. Within 11,579
twenty-four hours of receipt of the preliminary agreement for a 11,580
start-up school, the Superintendent shall determine whether the 11,581
proposed school will add to the diversity of the pilot project 11,582
schools through offering a unique educational mission, serving 11,583
grade levels of students or students with certain characteristics 11,584
or interests not yet being served by other community schools, or 11,585
offering innovative instructional methods. If the school will 11,586
264
not add to the diversity of the pilot project schools and would 11,587
be overserving students of a certain type or grade level, the 11,588
Superintendent may reject the school's preliminary agreement and 11,589
shall immediately notify the sponsor and the proposing group or 11,590
individual. Upon entering into a community school contract, the 11,592
sponsor shall file a copy of the approved contract with that 11,593
Superintendent. Within twenty-four hours of the filing of the 11,594
contract, the Superintendent shall notify the sponsor whether 11,595
twenty start-up school contracts were already in effect at the 11,596
time of the filing. If twenty such contracts were in effect, the 11,597
contract filed by the sponsor shall be voided. 11,598
Within twenty-four hours of a request of any person, the 11,600
Superintendent shall indicate the number of preliminary 11,601
agreements for start-up schools currently outstanding and the 11,602
number of contracts currently in effect. 11,603
(C) No start-up or converted community school shall begin 11,605
operation under this section after June 30, 2000. 11,607
(D) Within ninety days of the effective date of this 11,609
section NOT LATER THAN SEPTEMBER 28, 1997, the Director of the 11,610
Legislative Office of Education Oversight, in consultation with 11,611
the Superintendent of the Lucas County Educational Service 11,612
Center, a classroom teacher appointed by the board of the Ohio 11,613
Education Association, a classroom teacher appointed by the board 11,614
of the Ohio Federation of Teachers, and a classroom teacher who 11,615
is a member of neither of these organizations selected by that 11,616
Superintendent, shall develop a study design for the evaluation 11,617
of the pilot project schools and the overall effects of the 11,618
community school pilot project. The study design shall include 11,619
the criteria that the Office will use to determine the positive 11,620
and negative effects of the project overall, and the success or 11,621
failure of individual community schools. The design shall 11,622
include a description of the data that must be collected by the 11,623
Superintendent and by each community school and sponsor and a 11,624
timeline for the collection of the data. THE DIRECTOR SHALL
265
ADAPT THE STUDY DESIGN PREPARED UNDER THIS SUBSECTION FOR USE IN 11,625
EVALUATING COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 11,626
THE REVISED CODE, AS WELL AS THE LUCAS COUNTY PILOT PROJECT 11,627
COMMUNITY SCHOOLS. THE OFFICE SHALL NOTIFY EACH COMMUNITY SCHOOL 11,628
OF THE DATA THAT MUST BE COLLECTED AND THE TIMELINE FOR 11,629
COLLECTION OF THE DATA. Data shall be collected at regular 11,630
intervals, but no evaluation of the results of data collected 11,631
shall be made by the Office prior to June 2001. A preliminary 11,632
report, together with any recommendations to improve the project 11,633
COMMUNITY SCHOOLS, shall be issued to the Speaker of the House of 11,634
Representatives and the President of the Senate by June 30, 2001. 11,635
A final report, with recommendations as to the future of 11,636
community schools in Ohio, shall be made to the Speaker and 11,637
President by June 1, 2003.
Sec. 50.52.4. (A) As used in this section, "sponsor" 11,640
means a school district located in the Lucas County area, the 11,641
Lucas County Educational Service Center, or the University of 11,642
Toledo College of Education BOARD OF TRUSTEES OR ITS DESIGNEE 11,643
with which the governing authority of a proposed community school 11,644
enters into a contract pursuant to this subsection. 11,645
(B)(1) Any individual or group of individuals may propose 11,647
the establishment of a community school to the board of education 11,648
of the Lucas County area city, local, or exempted village school 11,649
district in which the community school is proposed to be located. 11,651
If such city, local, or exempted village board wishes to sponsor 11,652
the school, the board and the proposing individual or group shall 11,653
sign a preliminary agreement pursuant to division (B)(4) of this 11,654
subsection and the board shall enter into negotiations for the 11,655
contract required by division (C) of this subsection. 11,656
If such city, local, or exempted village board does not 11,658
enter into a preliminary agreement within thirty calendar days of 11,659
the date on which the initial proposal was made to it by the 11,660
proposing individual or group, or if the board directly notifies 11,661
the proposing individual or group at any time that it does not 11,662
266
wish to sponsor the community school, the individual or group may 11,663
instead propose the establishment of a community school to either 11,664
ANY of the following public entities: 11,665
(a) THE BOARD OF EDUCATION OF ANY LUCAS COUNTY AREA CITY, 11,668
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH THE COMMUNITY
SCHOOL IS PROPOSED TO BE LOCATED, OR, IF THE PROPOSED COMMUNITY 11,670
SCHOOL WOULD UTILIZE A FACILITY LOCATED OUTSIDE THE LUCAS COUNTY 11,673
AREA BUT WITHIN A COUNTY CONTIGUOUS TO LUCAS COUNTY AS PERMITTED 11,675
IN SUBSECTION 7 OF THIS SECTION, TO THE BOARD OF EDUCATION OF ANY 11,676
LUCAS COUNTY AREA CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL 11,679
DISTRICT; 11,680
(b) The Governing Board of the Lucas County Educational 11,682
Service Center; 11,683
(b)(c) The governing A SPONSORING authority DESIGNATED BY 11,686
THE BOARD OF TRUSTEES of the University of Toledo College of 11,688
Education OR THE BOARD ITSELF.
Such BOARD OF EDUCATION, governing board, or SPONSORING 11,691
authority may enter into a preliminary agreement pursuant to 11,692
division (B)(4)(2) of this subsection with the proposing person 11,695
or group AND ENTER INTO NEGOTIATIONS FOR THE CONTRACT REQUIRED BY 11,696
DIVISION (C) OF THIS SUBSECTION.
ANY PUBLIC ENTITY TO WHICH AN INDIVIDUAL OR A GROUP OF 11,698
INDIVIDUALS PROPOSES THE ESTABLISHMENT OF A COMMUNITY SCHOOL 11,699
PURSUANT TO THIS SECTION SHALL NOTIFY THAT INDIVIDUAL OR GROUP OF 11,700
INDIVIDUALS WITHIN THIRTY CALENDAR DAYS AFTER THE INDIVIDUAL OR 11,701
GROUP OF INDIVIDUALS HAS DELIVERED ITS PROPOSAL OF THE ENTITY'S
DECISION WHETHER OR NOT TO ENTER INTO A PRELIMINARY AGREEMENT TO 11,703
ESTABLISH THE PROPOSED COMMUNITY SCHOOL.
(2) An employee or group of employees of the Lucas County 11,705
Educational Service Center may propose the establishment of a 11,706
community school to the Governing Board of the Center. If the 11,707
Board wishes to sponsor the school, the Board and any proposing 11,708
employees shall sign a preliminary agreement pursuant to division 11,710
(B)(4) of this subsection and the Board shall enter into
267
negotiations for the contract required by division (C) of this 11,711
subsection. 11,712
(3) An employee or group of employees of the University of 11,714
Toledo College of Education may propose the establishment of a 11,716
community school to the governing authority of the College. If 11,717
the authority wishes to sponsor the school, the authority and any 11,718
proposing employees shall sign a preliminary agreement pursuant 11,719
to division (B)(4) of this subsection and the authority shall 11,720
enter into negotiations for the contract required by division (C) 11,721
of this subsection.
(4) A preliminary agreement indicates the intention of a 11,723
public entity described in this subsection to sponsor the 11,725
community school. Unless the Superintendent of the Lucas County 11,726
Educational Service Center rejects the preliminary agreement 11,727
pursuant to Subsection 2 of this section, a proposing individual 11,728
or group that has such a preliminary agreement may proceed to 11,729
finalize plans for the school, establish a governing authority 11,730
for the school, and negotiate a contract with the public entity. 11,731
Provided the proposing individual or group adheres to the 11,732
preliminary agreement and all provisions of this section, the 11,733
public entity shall negotiate in good faith to enter into a 11,734
contract in accordance with division (C) of this subsection. 11,735
(5)(3) At any time after the expiration of a 11,737
sixty-calendar-day period following the signing of a preliminary 11,739
agreement by a city, local, or exempted village board AN ENTITY 11,740
and a proposing individual or group, the proposing individual or 11,742
group may cancel the preliminary agreement and may instead 11,743
propose the establishment of the school to the Lucas County 11,744
Educational Service Center or the University of Toledo College of 11,745
Education ANOTHER ENTITY unless one of the following occurs: 11,747
(a) The school district board ENTITY and the governing 11,749
authority of the proposed community school mutually agree to and 11,751
sign a contract meeting the requirements of Subsection 5 of this 11,752
section;
268
(b) The school district board ENTITY and the individual or 11,754
group proposing the school mutually agree to extend the period 11,756
for negotiation of a contract meeting the requirements of 11,757
Subsection 5 of this section. 11,758
(C) A majority vote of the appropriate public entity and a 11,761
majority vote of the members of the governing authority of a 11,762
community school shall be required to adopt a contract and 11,763
establish the community school. Except as limited in Subsection 11,764
2 of this section, an unlimited number of community schools may 11,765
be established in any one school district provided that a 11,766
contract is entered into for each community school pursuant to 11,767
this section.
(D) Prior to entering into a contract under this section, 11,769
a potential sponsor shall determine whether the proposed 11,770
community school consists of a facility and governing board that 11,771
is substantially the same as the facility and governing board of 11,772
a nonpublic school in existence on January 1, 1997. If the 11,773
potential sponsor determines the facility and board to be 11,774
substantially the same, it shall not enter into a contract with 11,775
the governing authority of the school. Upon request of a 11,776
potential sponsor, the Office of the Secretary of State shall 11,777
provide any records filed with that office that are relevant to a 11,778
determination under this subsection. The Secretary of State may 11,780
charge the potential sponsor a reasonable fee for any information 11,781
provided under this division. 11,782
Sec. 50.52.7. Any facility used for a community school 11,784
shall meet all health and safety standards established by law for 11,786
school buildings.
In the case where a community school is proposed to be 11,788
located in a facility owned by a school district or the Lucas 11,789
County Educational Service Center, the facility may not be used 11,790
for such community school unless the district or service center 11,791
board owning the facility enters into an agreement to lease the 11,792
facility to the governing authority of the community school. 11,793
269
Such lease may be under any terms and conditions agreed to by the 11,794
district or service center board and the school. 11,795
A COMMUNITY SCHOOL OPERATED PURSUANT TO THIS SECTION MAY 11,797
UTILIZE ANY FACILITY LOCATED ANYWHERE WITHIN THE LUCAS COUNTY 11,800
AREA AS DEFINED IN THIS SECTION OR ANYWHERE WITHIN ANY COUNTY 11,801
CONTIGUOUS TO LUCAS COUNTY. 11,803
Sec. 50.52.9. (A) The expiration of the contract for a 11,805
community school between a sponsor and a school shall be the date 11,807
provided in the contract. A successor contract may be entered 11,808
into unless the contract is terminated or not renewed pursuant to
this subsection. However, no contract shall extend beyond June 11,809
30, 2003.
(B)(1) A sponsor may choose not to renew a contract at its 11,811
expiration or may choose to terminate a contract prior to its 11,812
expiration for any of the following reasons: 11,813
(a) Failure to meet student performance requirements 11,816
stated in the contract;
(b) Failure to meet generally accepted standards of fiscal 11,818
management; 11,819
(c) Violation of any provision of the contract or 11,822
applicable state or federal law;
(d) Other good cause. 11,824
A termination shall be effective only at the conclusion of 11,826
the instructional year. 11,827
(2) At least sixty ONE HUNDRED EIGHTY days prior to the 11,829
termination or nonrenewal of a contract, the sponsor shall notify 11,831
the school of the proposed action in writing. The notice shall 11,832
include the reasons for the proposed action in detail and that 11,833
the school may, within fourteen days of receiving the notice, 11,834
request an informal hearing before the sponsor. Such request 11,835
must be in writing. 11,836
(3) A decision by a sponsoring board of education or the 11,838
University of Toledo College of Education to terminate a 11,839
community school contract may be appealed to the Superintendent 11,840
270
of the Lucas County Educational Service Center. A decision by 11,841
the Lucas County Educational Service Center to terminate a 11,842
contract of a school it sponsors may be appealed to the State
Board of Education. The decision by the Superintendent or the 11,844
State Board, as applicable, pertaining to an appeal under this 11,845
division is final.
(C) A child attending a community school whose contract 11,847
has been terminated or nonrenewed or that closes for any reason 11,849
shall be admitted to the schools of the district in which the 11,850
child is entitled to attend under section 3313.64 or 3313.65 of 11,851
the Revised Code. Any deadlines established for the purpose of 11,852
admitting students under section 3313.97 or 3313.98 of the 11,853
Revised Code shall be waived for students to whom this division 11,854
pertains.
(D) Notwithstanding anything to the contrary in section 11,856
2744.02 of the Revised Code, a sponsor of a community school and 11,857
the officers, directors, or employees of such a sponsor are not 11,858
liable in damages in a tort or other civil action for harm 11,859
allegedly arising from either of the following:
(1) A failure of the community school or any of its 11,861
officers, directors, or employees to perform any statutory or 11,862
common law duty or responsibility or any other legal obligation; 11,863
(2) An action or omission of the community school or any 11,865
of its officers, directors, or employees that results in harm. 11,866
(E) As used in this subsection: 11,868
(1) "Harm" means injury, death, or loss to person or 11,870
property.
(2) "Tort action" means a civil action for damages for 11,872
injury, death, or loss to person or property other than a civil 11,873
action for damages for a breach of contract or another agreement 11,874
between persons.
Sec. 58. EPA ENVIRONMENTAL PROTECTION AGENCY 11,876
General Revenue Fund 11,878
GRF 716-321 Central 11,881
271
Administration $ 3,688,765 $ 3,780,221 11,883
3,865,221 11,884
GRF 717-321 Water Quality 11,886
Planning and
Assessment $ 7,783,614 $ 8,133,514 11,888
7,748,614 11,889
GRF 718-321 Ground Water $ 1,035,597 $ 1,098,797 11,893
GRF 719-321 Air Pollution Control $ 2,608,893 $ 2,673,946 11,897
GRF 721-321 Public Water System 11,899
Supervision $ 2,857,608 $ 2,939,948 11,901
GRF 724-321 Pollution Prevention $ 630,799 $ 630,799 11,905
GRF 725-321 Laboratory $ 1,116,505 $ 1,145,330 11,909
GRF 726-321 Corrective Actions $ 304,462 $ 281,279 11,913
GRF 715-501 Local Air Pollution 11,915
Control $ 1,398,489 $ 1,437,647 11,917
GRF 715-503 Science Advisory 11,919
Program $ 500,000 $ 500,000 11,921
450,000 11,922
GRF 715-504 Special Sanitary 11,924
District Distress
Fund $ 3,000,000 $ 0 11,926
TOTAL GRF General Revenue Fund $ 24,924,732 $ 22,621,481 11,929
24,839,732 22,706,481 11,930
General Services Fund Group 11,933
199 715-602 Laboratory Services $ 700,000 $ 700,000 11,938
4A1 715-640 Sale of Goods and 11,940
Services $ 3,148,826 $ 3,148,680 11,942
491 715-665 MOVING EXPENSES $ 0 $ 1,358,168 11,946
TOTAL GSF General Services 11,947
Fund Group $ 3,848,826 $ 3,848,680 11,950
5,206,848 11,951
Federal Special Revenue Fund Group 11,954
3F2 715-630 State Revolving Loan 11,957
Fund - Operating
272
Expenses $ 3,733,024 $ 3,821,161 11,959
3F3 715-632 PCB Toxics $ 3,584,637 $ 3,571,485 11,963
3F4 715-633 Water Quality 11,965
Management $ 934,238 $ 624,238 11,967
3F5 715-641 Nonpoint Source 11,969
Pollution Management $ 4,339,154 $ 4,197,440 11,971
3J1 715-620 Urban Stormwater $ 461,309 $ 589,109 11,975
3J5 715-615 Maumee River $ 1,183,511 $ 600,734 11,979
3K2 715-628 Clean Water Act 106 $ 2,535,049 $ 2,784,249 11,983
3K3 715-637 DOE Agreement in 11,985
Principle $ 1,932,687 $ 1,988,973 11,987
3K4 715-634 DOD Base 11,989
Realignment/Closure
Grant $ 861,500 $ 861,500 11,991
3K6 715-639 Remedial Action Plan $ 510,493 $ 723,887 11,995
3M5 715-652 Haz Mat Transport 11,997
Uniform Safety $ 268,745 $ 276,707 11,999
3N1 715-655 Pollution Prevention 12,001
Grants $ 90,000 $ 90,000 12,003
3N4 715-657 DOE Cost Recovery 12,005
Grants $ 3,098,920 $ 3,137,675 12,007
352 715-611 Wastewater Pollution $ 349,132 $ 395,000 12,011
353 715-612 Public Water Supply $ 2,308,500 $ 2,308,500 12,015
354 715-614 Hazardous Waste 12,017
Management $ 4,678,123 $ 4,678,123 12,019
356 715-616 Indirect Costs $ 3,600,000 $ 3,600,000 12,023
357 715-619 Air Pollution Control $ 3,074,005 $ 2,876,047 12,027
362 715-605 Underground Injection 12,029
Control $ 119,000 $ 119,000 12,031
TOTAL FED Federal Special Revenue 12,032
Fund Group $ 37,662,027 $ 37,243,828 12,035
State Special Revenue Fund Group 12,038
4C3 715-647 Central Support 12,041
Indirect $ 7,254,006 $ 7,437,442 12,043
273
4D7 715-603 Natural Resources 12,045
Damage Assessment $ 86,610 $ 86,610 12,047
4G3 715-618 Jennison Wright 12,049
Cleanup $ 140,352 $ 140,352 12,051
4J0 715-638 Underground Injection 12,053
Control $ 321,139 $ 329,488 12,055
4K2 715-648 Clean Air $ 1,863,000 $ 1,863,000 12,059
4K3 715-649 Solid Waste $ 9,960,931 $ 9,037,732 12,063
4K4 715-650 Surface Water 12,065
Protection $ 6,985,194 $ 6,985,194 12,067
4K5 715-651 Drinking Water 12,069
Protection $ 4,799,522 $ 3,945,546 12,071
4P5 715-654 Cozart Landfill $ 130,000 $ 130,000 12,075
4R5 715-656 Scrap Tire Management $ 4,255,459 $ 4,243,359 12,079
4R9 715-658 Voluntary Action 12,081
Program $ 1,345,567 $ 1,269,754 12,083
4T3 715-659 Title V Permit 12,085
Program $ 11,000,000 $ 10,900,000 12,087
4U7 715-660 Construction & 12,089
Demolition Debris $ 300,160 $ 300,160 12,091
4V8 715-663 Microdot Settlement $ 40,000 $ 0 12,095
500 715-608 Immediate Removal 12,097
Special Account $ 591,800 $ 599,639 12,099
503 715-621 Hazardous Waste 12,101
Facility Management $ 7,580,537 $ 7,901,421 12,103
503 715-661 Hazardous Waste 12,105
Facility Cleanup $ 3,123,667 $ 3,173,266 12,107
503 715-662 Hazardous Waste 12,109
Facility Board $ 796,573 $ 810,122 12,111
505 715-623 Hazardous Waste 12,113
Clean-up $ 18,444,873 $ 17,852,771 12,115
6A1 715-645 Environmental 12,117
Education $ 2,119,976 $ 2,125,114 12,119
602 715-626 Motor Vehicle 12,121
274
Inspection and
Maintenance $ 2,301,013 $ 2,390,569 12,123
644 715-631 ER Radiological 12,125
Safety $ 198,095 $ 190,451 12,127
660 715-629 Infectious Wastes 12,129
Management $ 179,630 $ 120,480 12,131
678 715-635 Air Toxic Release $ 272,236 $ 290,016 12,135
679 715-636 Emergency Planning $ 1,799,000 $ 1,849,372 12,139
676 715-642 Water Pollution 12,141
Control Loan
Administration $ 0 $ 1,060,000 12,143
696 715-643 Air Pollution Control 12,145
Administration $ 740,000 $ 750,000 12,147
699 715-644 Water Pollution 12,149
Control
Administration $ 500,000 $ 500,000 12,151
TOTAL SSR State Special Revenue 12,152
Fund Group $ 87,129,340 $ 86,281,858 12,155
TOTAL ALL BUDGET FUND GROUPS $ 153,564,925 $ 149,995,847 12,158
153,479,925 151,439,015 12,159
Cash Transfer from Hazardous Waste Funds to Solid Waste 12,162
Fund
Notwithstanding any other provision of law to the contrary, 12,164
the Director of Budget and Management shall transfer $882,619 12,165
cash from Fund 503, Hazardous Waste Facility Management and 12,166
$882,619 from Fund 505, Hazardous Waste Clean-up, to Fund 4K3, 12,168
Solid Waste.
Special Sanitary District Distress Fund 12,170
Of the foregoing appropriation item, GRF 715-504, Special 12,172
Sanitary District Distress Fund, $3,000,000 in fiscal year 1998 12,173
shall be used exclusively to abate or correct unsanitary 12,174
conditions in a special sanitary district created under section 12,175
1541.21 of the Revised Code concerning which the Director of 12,176
Environmental Protection has issued proposed Administrative 12,177
275
Orders prior to April 1994, but has not issued Final 12,178
Administrative Orders. The Special Sanitary District Distress 12,179
Fund shall be abolished on June 30, 1999, or whenever the balance 12,181
in the fund is $0, whichever occurs earlier.
Area-Wide Planning Agencies 12,183
Of the foregoing appropriation item, GRF 717-321, Water 12,185
Quality Planning and Assessment, $450,000 in fiscal year 1998 and 12,186
$450,000 in fiscal year 1999 shall be divided evenly between the 12,187
following six area-wide planning agencies: Eastgate Development 12,188
and Transportation Agency, Toledo Metropolitan Area Council of 12,189
Governments, Northeast Ohio Four County Regional Planning and 12,190
Development Organization, Northeast Ohio Areawide Coordinating 12,191
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 12,192
and Miami Valley Regional Planning Commission. 12,193
Hazardous Waste Study Committee 12,195
The Director of Environmental Protection shall review the 12,197
funding needs and program activities of the Division of Hazardous 12,199
Waste Management and the Division of Emergency and Remedial 12,200
Response and present that information to an advisory committee 12,201
established by the Director. The committee shall be composed of 12,202
three representatives of the Environmental Protection Agency, two 12,203
representatives of permitted hazardous waste facilities, two 12,204
representatives of industry involved in emergency and remedial 12,205
response, and two representatives of state-wide environmental 12,206
advocacy organizations. The committee shall make recommendations 12,207
to the Director regarding funding needs and program activities. 12,208
The Director shall report the committee's recommendations to the 12,209
Speaker of the House of Representatives and the President of the 12,210
Senate not later than October 1, 1998. 12,211
Scrap Tire Program 12,213
Of the foregoing appropriation item Fund 4R5, 715-656 Scrap 12,215
Tire Management, $400,000 in fiscal year 1998 and $400,000 in 12,216
fiscal year 1999 shall be used to fund a tire development and 12,217
reprocessing project. 12,218
276
Harrison County Garage Environmental Assessment 12,220
Of the foregoing appropriation item GRF 726-321, Corrective 12,223
Actions, $30,000 in fiscal year 1998 shall be used to fund the 12,224
Harrison County Garage environmental assessment.
MOVING EXPENSES 12,226
THERE IS HEREBY CREATED IN THE STATE TREASURY THE MOVING 12,229
EXPENSES FUND. THE FUND SHALL CONSIST OF CASH BALANCES
TRANSFERRED FROM EXISTING FUNDS NOT ALREADY OBLIGATED TO PAY 12,230
EXISTING OBLIGATIONS. THE FUND SHALL BE USED TO PAY THE MOVING 12,231
EXPENSES OF THE ENVIRONMENTAL PROTECTION AGENCY INTO NEW 12,232
FACILITIES. 12,233
NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, 12,235
THE DIRECTOR OF ENVIRONMENTAL PROTECTION, WITH THE APPROVAL OF 12,237
THE DIRECTOR OF BUDGET AND MANAGEMENT, MAY TRANSFER CASH BALANCES 12,238
NOT ALREADY OBLIGATED TO OTHER OBLIGATIONS INTO THE MOVING 12,239
EXPENSES FUND.
Sec. 62.01. Child and Family Health Services 12,241
Of the foregoing appropriation item 440-416, Child and 12,243
Family Health Services, $1,300,000 in each fiscal year shall be 12,244
used for family planning services. None of the funds received 12,246
through these family planning grants shall be used to provide 12,248
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 12,249
except in the case of a medical emergency. These funds shall be 12,250
distributed on the basis of the relative need in the community 12,251
served by the Director of Health to family planning programs, 12,252
which shall include family planning programs funded under Title V 12,253
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 12,255
301, as amended, and Title X of the "Public Health Services Act," 12,256
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 12,257
other family planning programs which the Department of Health 12,258
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 12,259
emergency, with state funds, but that otherwise substantially 12,260
277
comply with the quality standards for such programs under Title V 12,261
and Title X.
The Director of Health shall, by regulation, provide 12,263
reasonable methods by which a grantee wishing to be eligible for 12,264
federal funding may comply with these requirements for state 12,265
funding without losing its eligibility for federal funding. 12,266
Of the foregoing appropriation item 440-416, Child and 12,268
Family Health Services, $25,000 in fiscal year 1998 shall be used 12,269
by the Preble County Commission to conduct a study to determine 12,270
if a Wellness Center should be established in Preble County. Any 12,271
unused funds shall be credited to appropriation item 440-416, 12,272
Child and Family Health Services. 12,273
Of the foregoing appropriation item 440-416, Child and 12,275
Family Health Services, $47,000 in fiscal year 1998 shall be used 12,276
by the Monroe County Health Planning Council. 12,277
Of the foregoing appropriation item 440-416, Child and 12,279
Family Health Services, $150,000 in each fiscal year shall be 12,280
used to provide malpractice insurance for physicians and other 12,282
health professionals providing prenatal services in programs 12,283
funded by the Ohio Department of Health. 12,284
Of the foregoing appropriation item 440-416, Child and 12,286
Family Health Services, $650,000 in each fiscal year shall be 12,288
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 12,290
Family Health Services, $200,000 shall be used in each fiscal 12,292
year for the OPTIONS dental care access program. 12,293
Of the foregoing appropriation item 440-416, Child and 12,295
Family Health Services, $25,000 shall be used by the Carroll 12,296
County Health Department.
Of the foregoing appropriation item 440-416, Child and 12,298
Family Health Services, $50,000 in each fiscal year shall be used 12,300
by the Cuyahoga County Health Department for the development of a 12,301
Pulmonary Hemosiderosis Prevention Program.
Prevention 12,303
278
Of the foregoing appropriation item 440-451, Prevention, 12,305
$100,000 shall be used in each fiscal year for rape prevention 12,307
programs.
Of the foregoing appropriation item 440-451, Prevention, 12,309
$54,500 in fiscal year 1998 and $49,820 in fiscal year 1999 shall 12,311
be used by the Miami Valley Youth Health Improvement Coalition to 12,312
prevent youths from cigarette or marijuana use and from alcohol 12,313
consumption. These funds shall be made available for use in the 12,314
following counties: Champaign, Clark, Darke, Greene, Miami, 12,315
Montgomery, Preble, and Shelby.
Hemophilia AIDS Prevention 12,317
Of the foregoing appropriation, 440-406, Hemophilia 12,319
Services, $235,000 in fiscal year 1998 and $245,000 in fiscal 12,320
year 1999 shall be used by the Ohio Department of Health to 12,321
provide grants to the nine hemophilia treatment centers to 12,322
provide prevention services for persons with hemophilia and their 12,323
family members affected by AIDS and other bloodborne pathogens. 12,324
HIV/AIDS Prevention/Protease Inhibitors 12,326
Of the foregoing appropriation item 440-444, AIDS 12,328
Prevention/AZT, $3.0 million in fiscal year 1998 and $3.9 million 12,329
in fiscal year 1999 shall be used to assist persons with HIV/AIDS 12,331
in acquiring protease inhibitor drugs.
Hemophilia Insurance Pilot Project 12,333
Of the foregoing appropriation item 440-406, Hemophilia 12,335
Services, $205,000 in each fiscal year shall be used to implement 12,336
the Hemophilia Insurance Pilot Project. 12,337
Maternal Child Health Block Grant 12,339
Of the foregoing appropriation item 440-601, Maternal Child 12,341
Health Block Grant (Fund 320), $2,091,299 shall be used in each 12,342
fiscal year for the purposes of abstinence-only education. The 12,343
Director of Health shall develop guidelines for the establishment 12,344
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 12,345
shall be pursuant to Title V of the "Social Security Act," 42 12,346
279
U.S.C.A. 510 and shall include, but are not limited to, 12,347
advertising campaigns and direct training in schools and other 12,348
locations.
Medically Handicapped Children Audit 12,350
The Medically Handicapped Children Audit Fund (Fund 477) 12,352
shall receive revenue from audits of hospitals and recoveries 12,353
from third-party payors. Funds may be expended for payment of 12,354
audit settlements and for costs directly related to obtaining 12,355
recoveries from third-party payors and for encouraging Program 12,356
for Medically Handicapped Children recipients to apply for 12,357
third-party benefits. Funds also may be expended for payments 12,358
for diagnostic and treatment services on behalf of medically 12,359
handicapped children, as defined in division (A) of section 12,360
3701.022 of the Revised Code, Ohio residents who are twenty-one 12,361
or more years of age and who are suffering from cystic fibrosis. 12,362
Medically Handicapped Children - County Assessments 12,365
The foregoing appropriation item, 440-607, Medically 12,367
Handicapped Children - County Assessments, shall be used to make 12,368
payments pursuant to division (E) of section 3701.023 of the 12,369
Revised Code. 12,370
Sickle Cell Fund 12,372
The foregoing State Special Revenue Fund Group 12,374
appropriation item 440-610, Sickle Cell Disease Control (Fund 12,375
4F9), shall be used by the Department of Health to administer 12,376
programs authorized by section 3701.131 of the Revised Code. The 12,377
source of the funds is as specified in section 3701.23 of the 12,378
Revised Code. 12,379
Cancer Registry System 12,381
The foregoing appropriation item 440-412, Cancer Incidence 12,383
Surveillance System, shall be used to establish and maintain a 12,384
cancer registry system within the Department of Health pursuant 12,385
to sections 3701.261 to 3701.263 of the Revised Code. In each 12,386
fiscal year of the biennium, $50,000 of line item 440-412 shall
be used as an operating subsidy for the Cleveland Cancer Data 12,387
280
Systems.
Genetics Services 12,389
The foregoing State Special Revenue Fund Group 12,391
appropriation item 440-608, Genetics Services (Fund 4D6), shall 12,392
be used by the Department of Health to administer programs 12,393
authorized by sections 3701.501 and 3701.502 of the Revised Code. 12,394
Sudden Infant Death Syndrome 12,396
A portion of the foregoing appropriation item 440-601, 12,398
Maternal and Child Health Block Grant (Fund 320), shall be used 12,399
to ensure that current information on sudden infant death 12,400
syndrome is available for distribution by local health districts. 12,401
Poison Control Network 12,403
Of the foregoing appropriation, 440-504, Poison Control 12,405
Network, all available funds in each fiscal year shall be used by 12,406
the Ohio Department of Health for grants to the consolidated Ohio 12,407
Poison Control Center to provide poison control services to Ohio 12,409
citizens.
Of the foregoing appropriation item 440-504, Poison Control 12,412
Network, $250,000 in fiscal year 1998 and $250,000 in fiscal year 12,413
1999 shall be used to consolidate the poison control centers in 12,414
Ohio in a single location in Hamilton County.
Tuberculosis 12,416
The foregoing appropriation item 440-506, Tuberculosis, 12,418
shall be used to make payments to counties pursuant to section 12,419
339.43 of the Revised Code.
Child and Family Health Services ISTV 12,421
The Director of Budget and Management shall transfer cash 12,423
from Fund 3P8, Disproportionate Share, to the Department of 12,424
Health Fund 5E1, Health Services, in an amount of $14,800,000. 12,425
This amount shall be used for the following purposes: $4,900,000 12,426
shall be used in fiscal years 1998 and 1999 for rabies 12,427
prevention; $1,000,000 in each fiscal year shall be disbursed to 12,428
the local Child and Family Health Services Clinics to provide 12,430
services to uninsured low-income persons; $1,500,000 in each 12,431
281
fiscal year to Federally Qualified Health Centers and federally 12,432
designated look-alikes to provide services to uninsured 12,433
low-income persons; $1,000,000 in each fiscal year shall be used 12,434
for the diagnosis and treatment of sexually transmitted diseases; 12,435
and $700,000 in each fiscal year for family planning services. 12,437
None of the funds received through family planning grants under 12,438
appropriation item 440-624, Health Services (Fund 5E1), shall be
used to provide abortion services. None of the funds received 12,439
through family planning grants under appropriation item 440-624, 12,440
Health Services (Fund 5E1), shall be used for referrals for 12,441
abortion, except in the case of a medical emergency. These funds 12,442
shall be distributed on the basis of the relative need in the 12,444
community served by the Director of Health to family planning
programs, which shall include family planning programs funded 12,445
under Title V of the "Social Security Act," 49 Stat. 620 (1935), 12,446
42 U.S.C.A. 301, as amended, and Title X of the "Public Health 12,447
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, 12,448
as well as to other family planning programs which the Department 12,449
of Health also determines will provide services that do not 12,450
include referrals for abortion, other than in the case of medical 12,451
emergency, with state funds, but that otherwise substantially 12,452
comply with the quality standards for such programs under Title V 12,453
and Title X.
The Director of Health shall, by regulation, provide 12,455
reasonable methods by which a grantee wishing to be eligible for 12,456
federal funding may comply with these requirements for state 12,457
funding without losing its eligibility for federal funding. The 12,458
Director of Health shall adopt rules for the use of these funds 12,459
by September 30, 1997.
The Director of Health shall require recipients of these 12,461
funds to acknowledge that Fund 5E1, Health Services, does not 12,462
have a revenue source beyond this biennium and that there is no 12,463
assurance that funding for these initiatives will continue in the 12,465
next biennium.
282
Public Health 12,467
Of the foregoing appropriation item 440-624, Health 12,469
Services, $500,000 in fiscal year 1998 and $1,000,000 in fiscal 12,470
year 1999 shall be transferred to the Ohio State University 12,471
College of Medicine and Public Health. The funds shall support 12,472
the development of statewide public health initiatives that are 12,473
consistent with the "Ohio Public Health Plan: Strategies to 12,474
Implement the Five Point Plan," including the development of data 12,476
collection mechanisms and data processes to track and evaluate 12,477
public health programs and outcomes. The College of Medicine and 12,478
Public Health shall work in collaboration with the Department of 12,479
Health and the local departments of health to provide 12,480
consultative program development and design services in health 12,481
behavior, health promotion, epidemiology, biometrics, health 12,482
services and management, and environmental health sciences. 12,483
Measurable outcome-based initiatives shall be developed in a 12,484
minimum of the following areas: childhood immunizations; 12,485
emerging infectious diseases; women's health issues; the 12,486
prevention of teenage pregnancy; improved outcomes of pregnancy; 12,487
and the value of nutritional education and dietary modification 12,488
as a strategy for the prevention of heart disease and cancer. 12,489
The Director of Health shall require The Ohio State 12,491
University College of Medicine and Public Health to acknowledge 12,492
that Fund 5E1, Health Services, does not have a revenue source 12,493
beyond this biennium and that there is no assurance that funding 12,494
for these initiatives will continue in the next biennium. 12,495
AIDS Drug Reimbursement Program 12,497
Of the foregoing appropriation item 440-444, AIDS 12,499
Prevention/AZT, $124,500 in fiscal years 1998 and 1999 shall be 12,500
used for the AIDS Drug Reimbursement Program and section 3701.241 12,502
of the Revised Code and Title XXVI of the "Public Health Services 12,503
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 12,504
Department of Health is authorized to promulgate rules pursuant 12,505
to section 111.15 and Chapter 119. of the Revised Code as 12,506
283
necessary for the administration of the program. 12,507
Ohio Early Start Program 12,509
The foregoing appropriation item 440-459, Ohio Early Start, 12,511
shall be used to provide services to children under age three who 12,512
are at risk of developmental delay or child abuse and neglect. 12,513
Funds shall be allocated with the approval of the Family and 12,514
Children First Cabinet Council and pursuant to rules adopted in 12,515
accordance with Chapter 119. of the Revised Code.
Ohio Health Care Data System 12,517
Of the foregoing appropriation item, 440-413, Ohio Health 12,519
Care Data System, the Director of Health may distribute up to 12,521
$450,000 in each fiscal year to the Ohio Corporation for Health 12,522
Information to expand the electronic data interchange effort and 12,523
for special projects.
Transfer of Laboratory Services 12,525
The Director of Health shall contract with The Ohio State 12,528
University to perform the state laboratory testing, analytical 12,529
duties and any other related functions currently performed by the 12,530
Bureau of Laboratories at the Department of Health. 12,531
Osteoporosis Awareness Program 12,533
Grants from pharmaceutical companies, and others, that are 12,535
credited to appropriation item 440-609, Non-Governmental Revenue 12,536
(Fund 4L3), for the purpose of osteoporosis awareness and 12,537
appropriations in line item 440-402, Osteoporosis Awareness, are 12,538
to be used by the Office of Women's Health Initiatives to 12,539
implement an Osteoporosis Awareness Program.
CENTRAL SUPPORT INDIRECT FUND CASH TRANSFER 12,544
ON OR BEFORE JUNE 30, 1998, AT THE REQUEST OF THE DIRECTOR 12,547
OF HEALTH, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER 12,549
CASH IN AN AMOUNT UP TO $600,000 FROM THE CENTRAL SUPPORT 12,550
INDIRECT FUND (FUND 211) TO THE LAB HANDLING FEE FUND (FUND 473) 12,552
AND INCREASE APPROPRIATION ITEM 440-622, LAB HANDLING FEE, BY AN 12,553
EQUIVALENT AMOUNT.
CERTIFICATE OF NEED FUND USES 12,556
284
IN ADDITION TO USES CITED IN DIVISION (B) OF SECTION 12,558
3702.52 OF THE REVISED CODE, IN FISCAL YEAR 1999 THE DIRECTOR OF 12,559
HEALTH MAY USE THE CERTIFICATE OF NEED FUND (FUND 471) TO 12,560
ADMINISTER SECTIONS 3702.11 TO 3702.20 AND 3702.30 OF THE REVISED 12,561
CODE.
Sec. 67.08. Study on Transfer of Assets and the Medicaid 12,565
Estate Recovery Program 12,566
The Department of Human Services shall conduct a study, or 12,568
contract for a study to be conducted, for the purpose of 12,569
determining the extent to which applicants for nursing home 12,570
services paid for through the Medicaid program are transferring 12,571
their assets for less than fair market value as a means of 12,572
avoiding depletion of their assets for their own support prior to 12,574
becoming eligible for Medicaid. The study shall include an
analysis of the Medicaid estate recovery program, including a 12,575
compilation of data regarding the follwing FOLLOWING: the 12,576
frequency of homestead property being available for recovery, the 12,577
amount spent on the estate recovery program in comparison to the 12,578
amount actually recovered, and the experience of other states in 12,580
operating Medicaid estate recovery programs. The study shall 12,581
include any recommendations for legislative changes that would 12,582
either deter the occurrence of pre-eligibility asset transfers or 12,583
enhance the efficacy of the Department's Medicaid estate recovery 12,584
program. Results of the study shall be filed by January 1, 1999, 12,585
with the Governor, the Speaker of the House of Representatives, 12,586
and the President of the Senate. 12,587
FUNDING FOR THE EARLY START WELCOME VISITS PROGRAM 12,591
IN FISCAL YEAR 1999, UPON THE REQUEST OF THE DIRECTOR OF 12,594
HUMAN SERVICES, THE CONTROLLING BOARD MAY TRANSFER UP TO $4 12,595
MILLION IN STATE SHARE GENERAL REVENUE FUND APPROPRIATIONS FROM 12,596
THE DEPARTMENT OF HUMAN SERVICES TO THE DEPARTMENT OF HEALTH 12,597
APPROPRIATION ITEM 440-459, OHIO EARLY START, TO PROVIDE 12,598
FINANCIAL SUPPORT FOR THE EARLY START WELCOME VISITS PROGRAM. 12,601
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY REDUCE THE APPROPRIATE 12,602
285
LINE ITEM IN THE DEPARTMENT OF HUMAN SERVICES' BUDGET BY THE 12,603
AMOUNT OF CORRESPONDING FEDERAL MATCHING FUNDS. 12,604
Sec. 101. RSC REHABILITATION SERVICES COMMISSION 12,606
General Revenue Fund 12,608
GRF 415-100 Personal Services $ 6,974,196 $ 7,147,615 12,613
GRF 415-401 Personal Care 12,615
Assistance $ 778,680 $ 778,680 12,617
GRF 415-402 Independent Living 12,619
Council $ 270,600 $ 396,218 12,621
GRF 415-403 Mental Health 12,623
Services $ 750,000 $ 750,000 12,625
GRF 415-404 MR/DD Services $ 1,286,281 $ 1,318,438 12,628
GRF 415-405 Vocational 12,630
Rehabilitation/Human
Services $ 561,450 $ 561,450 12,632
GRF 415-431 Office for People 12,634
with Head Injury $ 192,672 $ 195,452 12,636
GRF 415-506 Case Services for 12,638
People with
Disabilities $ 10,865,916 $ 11,227,308 12,640
GRF 415-508 Services for People 12,642
who are Deaf $ 48,854 $ 48,854 12,644
GRF 415-509 Services for People 12,646
who are Elderly $ 365,567 $ 375,803 12,648
GRF 415-520 Independent Living 12,650
Centers or Services $ 58,948 $ 60,716 12,652
TOTAL GRF General Revenue Fund $ 22,153,164 $ 22,860,534 12,655
General Services Fund Group 12,657
4W5 415-606 Indirect Costs $ 15,629,694 $ 16,307,149 12,662
467 415-609 Stand Concessions $ 1,571,770 $ 1,629,834 12,666
TOTAL GSF General Services 12,667
Fund Group $ 17,201,464 $ 17,936,983 12,670
Federal Special Revenue Fund Group 12,672
317 415-620 Disability 12,675
286
Determination $ 59,462,014 $ 61,382,614 12,677
3L1 415-601 Social Security 12,679
Personal Care
Assistance $ 3,027,000 $ 3,027,000 12,681
3L1 415-605 Social Security 12,683
Community Centers for
People who are Deaf $ 1,100,000 $ 1,100,000 12,685
3L1 415-607 Social Security 12,687
Administration Cost $ 123,292 $ 125,823 12,689
3L1 415-608 Social Security 12,691
Special
Programs/Assistance $ 1,330,981 $ 1,343,818 12,693
3L1 415-610 Social Security 12,695
Vocational
Rehabilitation $ 1,302,000 $ 1,302,000 12,697
3L1 415-614 Social Security 12,699
Independent Living $ 285,979 $ 285,979 12,701
3L4 415-611 Federal-Independent 12,703
Living Council $ 185,400 $ 190,962 12,705
3L4 415-612 Federal-Independent 12,707
Living Centers or
Services $ 530,532 $ 546,444 12,709
3L4 415-615 Federal - Supported 12,711
Employment $ 2,064,125 $ 2,110,656 12,713
3L4 415-617 Federal Special 12,715
Vocational
Rehabilitation
Programs $ 494,453 $ 499,177 12,717
379 415-616 Federal-Vocational 12,719
Rehabilitation $ 105,202,487 $ 110,562,781 12,721
TOTAL FED Federal Special 12,722
Revenue Fund Group $175,108,263 $182,477,254 12,725
State Special Revenue Fund Group 12,727
4L1 415-619 Services for 12,729
287
Rehabilitation $ 1,800,000 $ 1,800,000 12,731
468 415-618 Third Party Funding $ 6,138,409 $ 6,191,365 12,735
TOTAL SSR State Special 12,736
Revenue Fund Group $ 7,938,409 $ 7,991,365 12,739
TOTAL ALL BUDGET FUND GROUPS $ 222,401,300 $ 231,266,136 12,742
Stand Concessions Fund--Crediting of Income 12,745
In crediting interest and other income earned on moneys 12,747
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 12,748
of State and Director of Budget and Management shall ensure that 12,749
the requirements of section 3304.35 of the Revised Code are met. 12,750
Personal Care Assistance 12,752
The foregoing appropriation item 415-401, Personal Care 12,754
Assistance, shall be used in addition to the federal Social 12,755
Security reimbursement funds used to provide personal care 12,756
assistance services. These funds shall not be used in lieu of 12,757
the Social Security reimbursement funds. 12,758
MR/DD Services 12,760
The foregoing appropriation item 415-404, MR/DD Services, 12,762
shall be used as state matching funds to provide vocational 12,763
rehabilitation services to mutually eligible clients between the 12,764
Rehabilitation Services Commission and the Ohio Department of 12,765
Mental Retardation and Developmental Disabilities. The 12,766
Rehabilitation Services Commission shall report to the Ohio 12,767
Department of Mental Retardation and Developmental Disabilities, 12,768
as outlined in an interagency agreement, on the number and status 12,770
of mutually eligible clients and the status of the funds and 12,771
expenditures for these clients.
Vocational Rehabilitation/Human Services 12,773
The foregoing appropriation item 415-405, Vocational 12,775
Rehabilitation/Human Services, shall be used as state matching 12,776
funds to provide vocational rehabilitation services to mutually 12,777
eligible clients between the Rehabilitation Services Commission 12,778
and the Ohio Department of Human Services. The Rehabilitation 12,779
Services Commission shall report to the Ohio Department of Human 12,780
288
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 12,781
funds and expenditures for these clients. 12,782
Office for People with Head Injury 12,784
Of the foregoing appropriation item 415-431, Office for 12,786
People with Head Injury, $100,000 in each fiscal year 1999 shall 12,787
be used for the state match for a federal grant awarded through 12,789
P.L. 104-166, The Traumatic Brain Injury Act. The remaining 12,790
appropriations in this item shall be used to plan and coordinate
head injury-related services provided by state agencies and other 12,792
government or private entities, to assess the needs for such 12,793
services and to set priorities in this area. 12,794
Services for People who are Deaf 12,796
The foregoing appropriation item 415-508, Services for 12,798
People who are Deaf, shall be used to supplement the federal 12,799
Social Security reimbursement funds used to provide grants to 12,800
community centers for the deaf. These funds shall not be used in 12,801
lieu of Social Security reimbursement funds. 12,802
Services for People who are Elderly 12,804
The foregoing appropriation item 415-509, Services for 12,806
People who are Elderly, shall be used as matching funds for 12,807
vocational rehabilitation services for eligible elderly citizens 12,808
with a disability. 12,809
Social Security Reimbursement Funds 12,811
Reimbursement funds received from the Social Security 12,813
Administration, U.S. Department of Health and Human Services, for 12,814
the costs of providing services and training to return disability 12,815
recipients to gainful employment, shall be used in the Social 12,816
Security Reimbursement Fund (Fund 3L1), as follows: 12,818
(A) Appropriation item 415-601, Social Security Personal 12,820
Care Assistance, to provide personal care services in accordance 12,822
with section 3304.41 of the Revised Code.
(B) Appropriation item 415-605, Social Security Community 12,824
Centers for People who are Deaf, to provide grants to community 12,826
289
centers for the deaf in Ohio for services to individuals with 12,827
hearing impairments.
(C) Appropriation item 415-607, Social Security 12,829
Administrative Cost, to provide administrative services needed to 12,831
administer the Social Security reimbursement program. 12,832
(D) Appropriation item 415-610, Social Security Vocational 12,834
Rehabilitation, to provide vocational rehabilitation services to 12,836
individuals with severe disabilities to achieve a noncompetitive 12,837
employment goal such as homemaker.
(E) The foregoing appropriation item 415-614, Social 12,839
Security Independent Living, to cover projected shortfall in 12,840
federal funding for fiscal years 1998 and 1999. 12,841
(F) Appropriation item 415-608, Social Security Special 12,843
Programs/Assistance, to provide vocational rehabilitation 12,844
services to individuals with severe disabilities, who are Social 12,845
Security beneficiaries, to achieve competitive employment. This 12,846
item also includes funds to assist the Personal Care Assistance, 12,847
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 12,848
Circular A-87. 12,849
Indirect Costs 12,851
The foregoing appropriation item 415-606, Indirect Costs, 12,854
shall be used to support the administrative functions of the 12,855
commission related to the provision of vocational rehabilitation, 12,856
disability determination services, and ancillary programs.
Independent Living Council 12,858
The foregoing appropriation items 415-402, Independent 12,860
Living Council, and 415-611, Federal-Independent Living Council, 12,861
shall be used to fund the operations of the State Independent 12,862
Living Council.
Mental Health Services 12,864
The foregoing appropriation item 415-403, Mental Health 12,866
Services, shall be used for the provision of vocational 12,867
rehabilitation services to mutually eligible consumers of the 12,868
290
Rehabilitation Services Commission and the Department of Mental 12,870
Health.
The Department of Mental Health shall receive a quarterly 12,872
report from the Rehabilitation Services Commission stating the 12,873
numbers served, numbers placed in employment, average hourly 12,875
wage, and average hours worked.
Independent Living Centers or Services 12,877
The foregoing appropriation items 415-520, Independent 12,879
Living Centers or Services, and 415-612, Federal-Independent 12,880
Living Centers or Services, shall be used to support state 12,882
independent living centers or independent living services 12,883
pursuant to Title VII-Independent Living Services and Centers for
Independent Living of the Rehabilitation Act Amendments of 1992, 12,884
106 Stat. 4344, 29 U.S.C.A. 796d. 12,885
Federal - Special Vocational Rehabilitation Programs 12,887
The foregoing appropriation item 415-617, Federal-Special 12,889
Vocational Rehabilitation Programs, shall be used to support 12,890
vocational rehabilitation programs including, but not limited to, 12,891
Projects with Industry and Training Grants. 12,892
Sec. 119. OVH OHIO VETERANS' HOME 12,894
General Revenue Fund 12,896
GRF 430-100 Personal Services $ 10,334,362 $ 11,039,285 12,901
GRF 430-200 Maintenance $ 4,676,165 $ 5,007,942 12,905
TOTAL GRF General Revenue Fund $ 15,010,527 $ 16,047,227 12,908
Federal Special Revenue Fund Group 12,911
3L2 430-601 Federal Grants $ 6,690,000 $ 7,034,267 12,916
TOTAL FED Federal Special Revenue 12,917
Fund Group $ 6,690,000 $ 7,034,267 12,920
State Special Revenue Fund Group 12,923
4E2 430-602 Veterans Home 12,926
Operating $ 3,082,672 $ 3,320,470 12,928
3,480,942 12,929
484 430-603 RENTAL AND SERVICE 12,931
REVENUE $ 0 $ 100,000 12,933
291
604 430-604 Veterans Home 12,935
Improvement $ 466,192 $ 579,839 12,937
TOTAL SSR State Special Revenue 12,938
Fund Group $ 3,548,864 $ 3,900,309 12,941
4,160,781 12,942
TOTAL ALL BUDGET FUND GROUPS $ 25,249,391 $ 26,981,803 12,945
27,242,275 12,946
CASH TRANSFER FROM VETERANS HOME FUND TO OPERATING FUNDDIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER CASH IN 12,957
AN AMOUNT EQUAL TO A ONE PER CENT REDUCTION IN THE OHIO VETERANS 12,958
HOME GENERAL REVENUE FUND OPERATING LINE ITEMS, AS PROVIDED IN 12,960
AM. SUB. H. B. 650 OF THE 122nd GENERAL ASSEMBLY, FROM THE 12,962
VETERANS HOME FUND (FUND 604) TO THE VETERANS HOME OPERATING FUND 12,963
(FUND 4E2). 12,964
Sec. 190. Ohio Departments Building 12,966
(A) As used in this section: 12,968
(1) "Repair and renovate" and "repair and renovation" 12,970
include, but are not limited to, planning, programming, design, 12,971
constructions, furnishing, and equipping of the Ohio Departments 12,972
Building;
(2) "Appropriation" means appropriation items CAP-815 and 12,974
CAP-849 in Section 28 of Am. H.B. 748 of the 121st General 12,975
Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in 12,977
Section 15.02 of Am. Sub. S.B. 264 of the 121st General Assembly,
and any subsequent appropriations made to or for the benefit of 12,979
the Supreme Court for the repair and renovation of the Ohio 12,980
Departments Building.
(B) The appropriation shall be used by or at the direction 12,982
of the Supreme Court of Ohio for the repair and renovation of the 12,983
Ohio Departments Building as follows: 12,984
(1) A portion shall be used by the Department of 12,986
Administrative Services for the repair and renovation of the 12,987
exterior, roof, and grounds of the Ohio Departments Building; 12,988
(2) The remaining portion shall be used after January 1, 12,990
292
1998 by the Ohio Building Authority for other expenses associated 12,991
with the repair and renovation of the Ohio Departments Building, 12,992
including, but not limited to, the interior and grounds of the 12,993
Building.
(C) The Ohio Building Authority, with the prior approval 12,995
of the Supreme Court, shall submit a plan and cost estimate of 12,996
repair and renovation set forth in division (B)(2) of this 12,997
section to the Department of Administrative Services. Based upon 12,998
the plan, the Director of Administrative Services shall request 12,999
the Director of Budget and Management to release from the
appropriation the estimated amount. The Director of Budget and 13,000
Management may release the funds APPROPRIATION and, upon their 13,001
THAT release, the Director of Administrative Services shall 13,003
transfer the amount released to the Ohio Building Authority,
which shall use the funds MONEYS, and any investment earnings on 13,004
the funds MONEYS and other available receipts as defined in 13,006
section 152.09 of the Revised Code, to pay the costs of the 13,007
repair and renovation.
(D) Upon completion of the repair and renovation: 13,009
(1) Any funds MONEYS received by the Ohio Building 13,011
Authority for the repair and renovation that have not been used 13,012
shall be refunded to the Department of Administrative Services 13,013
for deposit into Fund 026; 13,014
(2) The Supreme Court shall own, operate, and manage the 13,016
Ohio Departments funds received by the Ohio Building Authority 13,018
for the repair and renovation that have not been used shall be 13,019
refunded to the Department of Administrative Services for deposit 13,020
into Fund 026 Building. 13,021
(E) The Supreme Court may enter into contracts or other 13,023
agreements with the Department of Administrative Services, the 13,024
Ohio Building Authority, another state entity, or a private 13,025
contractor to operate and manage the Ohio Departments Building. 13,026
(F) To assist the Ohio Building Authority, the Department 13,028
of Administrative Services and the Supreme Court may assign, 13,029
293
amend, or enter into any necessary or appropriate leases, 13,030
contracts, or agreements relating to the Ohio Departments 13,031
Building to or with the Ohio Building Authority upon terms 13,032
satisfactory to all parties.
(G) REPAIRS AND RENOVATIONS THAT ARE MADE USING THE 13,034
APPROPRIATION ARE EXEMPT FROM SECTION 3379.10 OF THE REVISED 13,036
CODE, THE PER CENT FOR ARTS PROGRAM.
Sec. 210. Sections 5733.02, 5733.022, 5733.03, 5733.042, 13,038
5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 13,039
5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 13,040
5733.0611, 5733.09, 5733.12, 5733.31, 5733.311, 5733.32, 5733.33, 13,041
and 5733.98 of the Revised Code, as amended or enacted by this 13,042
act AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, apply to tax 13,044
years 1999 and thereafter, except as otherwise provided in 13,046
division (A) of section 5733.05 and divisions (A)(6) through (8) 13,048
of section 5733.98 of the Revised Code. NOTHING IN AM. SUB. H.B. 13,049
215 OF THE 122nd GENERAL ASSEMBLY AMENDS OR REPEALS ALL OR ANY 13,051
PORTION OF THESE SECTIONS FOR THE PURPOSES OF TAX YEAR 1998 WITH
REGARD TO CORPORATIONS OTHER THAN FINANCIAL INSTITUTIONS. 13,052
THE AMENDMENT OF THIS SECTION IS SUBJECT TO THE 13,054
REFERENDUM."
Section 4. That existing Sections 20.05, 47.13, 50.52, 13,056
50.52.2, 50.52.4, 50.52.7, 50.52.9, 58, 62.01, 67.08, 101, 119, 13,057
190, and 210 of Am. Sub. H.B. 215 of the 122nd General Assembly 13,058
are hereby repealed.
Section 5. That Section 67.05 of Am. Sub. H.B. 215 of the 13,060
122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd 13,061
General Assembly, be amended to read as follows: 13,063
"Sec. 67.05. Transfer of Funds 13,065
The Ohio Department of Human Services shall transfer 13,067
through intrastate transfer vouchers, cash from State Special 13,068
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and 13,069
Community-Based Services, in the Ohio Department of Mental 13,070
Retardation and Developmental Disabilities. The sum of the 13,071
294
transfers shall be equal to the amounts appropriated per fiscal 13,072
year in line item 322-604, Waiver - Match. The transfer may 13,073
occur on a quarterly basis or on a schedule developed and agreed
to by both Departments. 13,074
The Ohio Department of Human Services shall transfer, 13,076
through intrastate transfer vouchers, cash from the State Special 13,077
Revenue Fund 4J5, Home and Community-Based Services for the Aged, 13,078
to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum 13,079
of the transfers shall be equal to the amount appropriated per 13,080
fiscal year in line item 490-610, PASSPORT/Residential State 13,082
Supplement. The transfer may occur on a quarterly basis or on a 13,083
schedule developed and agreed to by both departments.
Day Care for Foster Parents 13,085
Of the foregoing appropriation item 400-527, Child 13,087
Protective Services, not more than $1,400,000 in fiscal year 1998 13,089
and not more than $1,400,000 in fiscal year 1999, may be used to 13,090
reimburse counties for child day care services purchased in 13,091
behalf of children in foster care. Such funds may be used as
matching funds for federal funds that may be available for this 13,092
purpose. The Department of Human Services shall adopt rules, in 13,093
accordance with section 111.15 of the Revised Code, establishing 13,094
reimbursement procedures and conditions to be followed by 13,095
counties.
Transfer from the Children's Trust Fund to the Wellness 13,097
Block Grant Fund
The Director of Budget and Management shall transfer 13,099
$1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 13,100
from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block 13,101
Grant, within the Department of Human Services' budget. 13,102
Foster Care Liability Coverage 13,104
On behalf of public children services agencies and in 13,106
consultation with the Department of Insurance and the Office of 13,107
State Purchasing, the Department of Human Services may seek and 13,108
accept proposals for a uniform and statewide insurance policy to 13,109
295
indemnify foster parents for personal injury and property damage 13,110
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 13,111
children services agency that agrees to purchase the insurance 13,112
policy.
Protective Services Incentive Funding 13,114
Notwithstanding the formula in section 5101.14 of the 13,116
Revised Code, from the foregoing appropriation item 400-527, 13,117
Child Protective Services, the Department of Human Services may 13,118
use no more than $2 million in fiscal year 1999 as incentive 13,119
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 13,120
delivery. The department shall develop a process for the release 13,121
of these funds and may adopt rules in accordance with section 13,122
111.15 of the Revised Code governing the distribution, release, 13,123
and use of these funds.
Day Care/Head Start Collaborations 13,125
The Department of Human Services and the county departments 13,127
of human services shall work to develop collaborative efforts 13,128
between Head Start and child care providers. The Department of 13,129
Human Services may use the foregoing appropriation items 400-413, 13,131
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 13,132
child day care centers. 13,133
Day Care Funding for Latchkey Children 13,135
The Department of Human Services shall use not less than 13,137
$5,000,000 in fiscal year 1998 and not less than $5,000,000 in 13,138
fiscal year 1999 of the Child Care Development Block Grant 13,139
moneys to support low-income families who need assistance in the 13,140
provision of before-school and after-school care for their 13,141
children. The Department of Human Services shall establish rules 13,142
determining eligibility for these dollars adopted in accordance 13,143
with section 111.15 of the Revised Code. 13,144
Evening and Night Time Child Care 13,146
296
When the Department of Human Services adopts rules 13,148
establishing a procedure for determining the rates of maximum 13,149
reimbursement for publicly funded child care, the department 13,150
shall adopt an enhanced rate to encourage the development of 13,151
child care for parent(s) who work nontraditional hours. 13,152
Human Services Staff Reduction 13,154
From staffing levels that existed on January 1, 1997, the 13,157
Department of Human Services is required to reduce its full-time
equivalent positions by 150 by July 1, 1999. At least 13,158
thirty-nine positions must be eliminated by January 1, 1998. The 13,159
remaining positions must be eliminated by July 1, 1999. 13,160
Child Protective Services Information System 13,162
(A) From the foregoing appropriation item 400-416, 13,164
Computer Projects, the Department of Human Services shall expend 13,165
at least $6,000,000 in fiscal year 1998 and at least $6,000,000 13,166
in fiscal year 1999 to contract with a vendor to develop a 13,168
statewide automated child welfare information system (SACWIS) and 13,169
support the 88 public children services agencies' implementation 13,170
of the SACWIS. The department shall select a vendor by using a 13,172
competitively bid request for proposal process. For a vendor to 13,174
be eligible to contract with the department, all of the following 13,175
must apply:
(1) The vendor must have developed a SACWIS for another 13,178
state and assisted that state with the successful implementation 13,179
of the SACWIS; 13,180
(2) The vendor must be able to do either of the following: 13,183
(a) Revise the SACWIS developed for the other state to 13,187
comply with Ohio and federal law and successfully interface with 13,188
the Support Enforcement Tracking System (SETS) and Client 13,190
Registry and Information System-Enhanced (CRIS-E); 13,191
(b) Develop a new SACWIS that complies with Ohio and 13,195
federal law and successfully interfaces with SETS and CRIS-E; 13,197
(3) The vendor must be able to have the SACWIS operational 13,200
in all 88 public children services agencies by June 30, 1999. 13,201
297
(B) The Department of Human Services shall do both of the 13,203
following:
(1) Provide training and system support for the county 13,205
employees who will use the SACWIS; 13,206
(2) Provide for the maintenance and general upkeep of the 13,208
SACWIS. 13,209
Adoption Assistance 13,211
Of the foregoing appropriation item 400-528, Title IV-E and 13,213
State Adoption Services, not more than $3,700,000 in fiscal year 13,214
1998 and not more than $3,700,000 in fiscal year 1999 shall be 13,215
used in support of post finalization adoption services offered 13,216
pursuant to section 5153.163 of the Revised Code. The Department 13,218
of Human Services shall adopt rules and procedures pursuant to 13,219
section 111.15 of the Revised Code to set payment levels and 13,220
limit eligibility for post finalization adoption services as 13,221
necessary to limit program expenditures to the amounts set forth 13,222
in this section, based on factors, including but not limited to, 13,223
any or all of the following: type, or extent, of the adopted 13,224
child's disability or special need; and resources available to 13,225
the adoptive family to meet the child's service needs. 13,226
Social Service Block Grant (SSBG) Earmark for Day Care 13,228
Services 13,229
Of the foregoing appropriation item 400-620, Social 13,231
Services Block Grant, no less than $15,000,000 in fiscal year 13,232
1998 and $15,000,000 in fiscal year 1999 shall be used for child 13,233
day care services. The remainder of the SSBG funding may be used 13,234
to provide social services as authorized in section 5101.465 13,235
5101.46 of the Revised Code, including adult day care. 13,236
Child Support Collections/TANF MOE 13,238
The foregoing appropriation item 400-658, Child Support 13,240
Collections, shall be used by the Department of Human Services to 13,241
meet the TANF Maintenance of Effort requirements of Pub. L. No. 13,242
104-193. After the state has met the maintenance of effort 13,243
requirement, the Department of Human Services may use funds from 13,244
298
line item 400-658 to support public assistance activities.
Transfer of Unspent Funds from Fiscal Year 1998 to Fiscal 13,247
Year 1999
Upon the request of the Department of Human Services, the 13,250
Controlling Board may transfer any remaining unspent fiscal year 13,251
1998 funds from appropriation item 400-410, TANF State, to
appropriations for fiscal year 1999 so that the state of Ohio 13,252
will be able to meet the Maintenance of Effort requirements for 13,253
the Temporary Assistance for Needy Families Block. 13,254
Upon the request of the Department of Human Services, the 13,256
Controlling Board may transfer any remaining unspent fiscal year 13,257
1998 funds from appropriation item 400-413, Day Care/Maintenance 13,258
of Effort, to appropriations for fiscal year 1999 so that the 13,259
state of Ohio will be able to meet the Maintenance of Effort 13,260
requirements for the Child Care Development Block Grant. 13,261
Upon the request of the Department of Human Services, the 13,263
Controlling Board may transfer any remaining unspent fiscal year 13,264
1998 funds from individual county consolidations from 13,265
appropriation item 400-527, Child Protective Services, to 13,266
appropriations for fiscal year 1999 so that the counties may meet 13,268
the obligations for services funded through that line item.
Upon the request of the Department of Human Services, the 13,270
Controlling Board may transfer any remaining unspent fiscal year 13,271
1998 funds from the Post Finalization Special Adoption Services 13,272
portion of appropriation item 400-528, Adoption Services, to 13,273
appropriations for fiscal year 1999 so that counties may meet the 13,275
obligations for services funded through that portion of the line 13,276
item.
Upon the request of the Department of Human Services, the 13,278
Controlling Board may transfer any remaining unspent fiscal year 13,279
1998 funds from appropriation item 400-409, Wellness Block Grant, 13,281
to appropriations for fiscal year 1999 so that the counties may 13,282
meet the obligations for services funded through that line. 13,283
Private Child Care Agencies Training 13,285
299
The foregoing appropriation item 400-615, Private Child 13,287
Care Agencies Training, shall be used by the Department of Human 13,288
Services to provide the state match for federal Title IV-E 13,289
training dollars for private child placing agencies and private 13,290
noncustodial agencies. Revenues shall consist of moneys derived 13,291
from fees established under section 5101.112 5101.143 of the 13,292
Revised Code and paid by private child placing agencies and 13,293
private noncustodial agencies.
Funding for Emergency Food Distribution Programs 13,295
Of the foregoing appropriation item 400-610, Food Stamps 13,297
and State Administration, $1.5 million in fiscal year 1998 and 13,298
$1.5 million in fiscal year 1999 shall be used by the Department 13,299
of Human Services to purchase commodities and distribute those 13,300
commodities to supplement the emergency food distribution 13,301
programs. Agencies receiving commodities under this program 13,302
shall provide reports in accordance with rules developed by the 13,303
Department of Human Services. 13,304
Transfers for Lead Assessments 13,306
Of the foregoing appropriation item 400-525, Health 13,308
Care/Medicaid, $77,790 (state share only) in fiscal year 1998, 13,309
and $111,477 (state share only) in fiscal year 1999 shall be used 13,311
to transfer funds from the General Revenue Fund to the General 13,312
Operations Fund (Fund 142) of the Department of Health. Transfer 13,313
of the funds shall be made through intrastate transfer vouchers 13,314
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 13,315
Medicaid Healthcheck recipients. 13,316
Transfer IMD/DSH Cash 13,318
The Director of Budget and Management may transfer cash 13,320
from the Disproportionate Share Fund (3P8) in the Department of 13,321
Human Services to the OhioCare Fund (4X5) in the Department of 13,322
Mental Health, the Behavioral Health Medicaid Services Fund (4X4) 13,324
in the Department of Alcohol and Drug Addiction Services, and the
Medicaid Program Support Fund - State (5C9) in the Department of 13,325
300
Human Services and shall transfer cash in the amount of 13,326
$14,800,000 to the Health Services Fund (5E1) in the Department 13,327
of Health.
Interagency Agreement on Specified Medicaid Services 13,329
Based on an interagency agreement, the Department of Human 13,331
Services may delegate authority to the Department of Alcohol and 13,332
Drug Addiction Services and the Department of Mental Health to 13,333
administer specified Medicaid services. Monthly reimbursement 13,334
shall be made by intrastate transfer voucher from the Department 13,335
of Human Services' appropriation items 400-525, Health 13,336
Care/Medicaid, and 400-655, Interagency Reimbursement, to the 13,337
Department of Drug and Alcohol Addiction Services' Behavioral 13,338
Health Medicaid Services Fund (4X4) and the Department of Mental 13,340
Health's OhioCare Fund (4X5).
Medicaid Program Support Fund-State 13,342
The Department of Human Services' Medicaid Program Support 13,344
Fund-State (5C9) is hereby created in the state treasury. The 13,345
Fund shall be used to receive earned federal reimbursement 13,346
generated by the Institutions for Mental
Diseases/Disproportionate Share Hospital Program. The foregoing 13,347
appropriation item 400-671, Medicaid Program Support, may be used 13,349
for the following purposes: to pay for Medicaid services to 13,350
eligible children under age nineteen, whose family income does 13,351
not exceed 150 per cent of the federal poverty level; to pay for 13,352
a new Medicaid home and community-based waiver program for 13,353
non-aged persons with chronic, long-term disabilities; and, to 13,354
make residual payments associated with the specified Medicaid 13,355
services transferred to the Department of Alcohol and Drug 13,356
Addiction Services and the Department of Mental Health. 13,357
The foregoing appropriation item 400-672, Medicaid 13,359
Services, may be used by the Department of Human Services to pay 13,360
for Medicaid services or to transfer moneys by intrastate 13,361
transfer voucher to the Department of Mental Health's OhioCare 13,363
Fund (4X5) in accordance with an interagency agreement which 13,364
301
delegates authority from the Department of Human Services to the 13,365
Department of Alcohol and Drug Addiction Services and the
Department of Mental Health to administer specified Medicaid 13,366
services. 13,367
Medicaid Program Support Fund-Federal 13,369
The Department of Human Services' Medicaid Program Support 13,371
Fund-Federal (3P7) is hereby created in the state treasury. The 13,372
foregoing appropriation item 400-668, Medicaid Program Support, 13,373
may be used to pay for Medicaid services to eligible children 13,375
under age nineteen, whose family income does not exceed 150 per 13,376
cent of the federal poverty level; and for a new Medicaid home
and community-based waiver program for non-aged persons with 13,377
chronic, long-term disabilities. Funds also may be used for 13,378
residual payments associated with the specified Medicaid services 13,379
transferred to the Department of Alcohol and Drug Addiction 13,380
Services and the Department of Mental Health.
The foregoing appropriation item 400-672, Medicaid 13,382
Services, may be used by the Department of Human Services to pay 13,383
for Medicaid services and contracts. 13,384
OhioCare Start-up Fund Name Change 13,386
The name of the Department of Human Services' OhioCare 13,388
Start-up Fund (3P7) is hereby changed to the Medicaid Program 13,389
Support Fund-Federal.
Rural Medicaid Managed Care Pilot Programs 13,391
The Director of Human Services may contract with one or 13,393
more organizations to develop and/or implement Medicaid Managed 13,394
Care Pilot Programs in rural sections of Ohio. 13,395
Medicaid Managed Care Reimbursement Study Committee 13,397
The Medicaid Managed Care Reimbursement Study Committee 13,399
shall meet by August 1, 1997, to begin reviewing the 13,400
appropriateness of the negotiated Medicaid reimbursement rates 13,401
paid to managed care organizations for services provided to 13,402
Medicaid recipients in fiscal year 1998. By November 1, 1997, 13,403
the Committee must report its findings and/or recommendations 13,404
302
concerning the fiscal year 1998 rates to the Governor, the 13,405
Speaker of the House of Representatives, and the President of the 13,406
Senate.
Medicaid Managed Care for Individuals with MR/DD 13,408
In preparing the budget for medical assistance for state 13,410
fiscal years 2000 and 2001, as it pertains to services provided 13,411
to individuals with mental retardation and developmental 13,412
disabilities, the Office of Budget and Management and the 13,413
Department of Human Services shall review the results of any 13,414
study regarding the use of a managed care system that is prepared 13,416
and submitted to it by the Hattie Larlham Foundation, the Ohio
Department of Mental Retardation and Developmental Disabilities 13,417
Action Committee, the Ohio Private Residential Association, the 13,418
Ohio Coalition for Services to Persons with Mental Retardation 13,419
and Developmental Disabilities, or any other entity. 13,420
Transfer Lapsed Funds in Fund 4A6 to GRF 13,422
The Department of Human Services shall certify the cash 13,424
balance of Fund 4A6 to the Director of Budget and Management who 13,425
shall transfer the remaining unexpended, unobligated balance in 13,426
Fund 4A6 to the General Revenue Fund.
Holding Account Redistribution Group 13,428
The foregoing appropriation items 400-643 and 400-644, 13,430
Holding Account Redistribution Fund Group, shall be used to hold 13,431
revenues until they are directed to the appropriate accounts or 13,432
until they are refunded. If it is determined that additional 13,433
appropriation authority is necessary, such amounts are hereby 13,434
appropriated.
Agency Fund Group 13,436
The foregoing appropriation items 400-646, 400-601, and 13,438
400-642, Agency Fund Group, shall be used to hold revenues until 13,439
they are directed to the appropriate accounts or until they are 13,440
directed to the appropriate governmental agency other than the 13,441
Department of Human Services. If it is determined that
additional appropriation authority is necessary, such amounts are 13,442
303
hereby appropriated. 13,443
State Special Revenue Fund Group 13,445
The foregoing appropriation items that appear in the 13,447
Department of Human Services' State Special Revenue Fund Group 13,448
shall be used to collect revenue from various sources and use the 13,449
revenue to support programs administered by the Department of 13,450
Human Services. If it is determined that additional
appropriations are necessary, the department shall notify the 13,451
Director of Budget and Management on forms prescribed by the 13,453
Controlling Board. If the director agrees that the additional 13,454
appropriation is necessary in order to perform the functions
allowable in the appropriation item then such amounts are hereby 13,455
appropriated. The Director of Budget and Management shall notify 13,456
the Controlling Board at their next regularly scheduled meeting 13,457
as to the action taken."
Section 6. That existing Section 67.05 of Am. Sub. H.B. 13,459
215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of 13,460
the 122nd General Assembly, is hereby repealed. 13,461
Section 7. That Sections 50, 50.07, 50.08, 50.09, 50.10, 13,463
50.12, 50.13, 50.14, 50.24, 50.44, 50.52.5, and 50.52.10 of Am. 13,464
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 13,465
Sub. H.B. 650 of the 122nd General Assembly, be amended to read 13,467
as follows:
"Sec. 50. EDU DEPARTMENT OF EDUCATION 13,472
General Revenue Fund 13,474
GRF 200-100 Personal Services $ 10,744,925 $ 10,756,210 13,479
11,256,210 13,480
GRF 200-200 Maintenance $ 8,691,111 $ 4,597,207 13,484
3,991,111 6,797,207 13,485
GRF 200-300 Equipment $ 117,449 $ 116,773 13,489
2,116,773 13,490
GRF 200-405 Primary and Secondary 13,492
Education Funding $ 0 $ 0 13,494
GRF 200-406 Head Start $ 83,739,058 $ 92,562,977 13,498
304
GRF 200-408 Public Preschool $ 17,468,094 $ 17,904,796 13,502
GRF 200-410 Professional 13,504
Development $ 0 $ 29,649,944 13,506
GRF 200-411 Family and Children 13,508
First $ 8,500,500 $ 10,642,188 13,510
GRF 200-412 Driver Education 13,512
Administration $ 143,429 $ 142,605 13,514
GRF 200-415 Consumer Education $ 500,000 $ 500,000 13,518
GRF 200-416 Vocational Education 13,520
Match $ 2,245,026 $ 2,248,664 13,522
GRF 200-417 Professional 13,524
Development $ 14,370,077 $ 0 13,526
GRF 200-422 School Management 13,528
Assistance $ 800,596 $ 841,563 13,530
GRF 200-423 Teacher Recruitment $ 1,289,067 $ 0 13,534
GRF 200-424 Simulation System $ 449,796 $ 447,210 13,538
GRF 200-426 Ohio Educational 13,540
Computer Network $ 21,698,858 $ 22,228,079 13,542
GRF 200-429 Local Professional 13,544
Development Block
Grants $ 9,259,713 $ 0 13,546
GRF 200-431 School Improvement 13,548
Models $ 16,450,000 $ 11,525,000 13,550
GRF 200-432 School Conflict 13,552
Management $ 392,575 $ 402,390 13,554
GRF 200-437 Student Proficiency $ 10,555,476 $ 11,798,788 13,558
GRF 200-441 American Sign 13,560
Language $ 226,245 $ 226,245 13,562
GRF 200-442 Child Care Licensing $ 1,359,171 $ 1,438,172 13,566
GRF 200-446 Education Management 13,568
Information System $ 12,060,657 $ 10,299,674 13,570
GRF 200-447 GED Testing/Adult 13,572
High School $ 1,939,001 $ 1,987,475 13,574
GRF 200-455 Charter Schools $ 1,200,000 $ 2,300,000 13,578
305
GRF 200-500 School Finance Equity $ 109,405,982 $ 66,957,250 13,582
GRF 200-501 Base Cost Funding $2,202,851,688 $2,986,915,811 13,586
3,047,415,811 13,588
GRF 200-502 Pupil Transportation $ 179,702,987 $ 231,595,463 13,592
GRF 200-503 Bus Purchase 13,594
Allowance $ 36,365,821 $ 37,274,967 13,596
GRF 200-504 Special Education $ 556,029,126 $ 0 13,600
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 13,604
GRF 200-507 Vocational Education $ 317,612,847 $ 0 13,608
GRF 200-509 Adult Literacy 13,610
Education $ 8,928,273 $ 9,151,480 13,612
GRF 200-511 Auxiliary Services $ 95,956,267 $ 101,617,687 13,616
GRF 200-512 Driver Education $ 6,026,070 $ 6,206,852 13,620
GRF 200-514 Post-Secondary/Adult 13,622
Vocational Education $ 20,695,861 $ 20,695,861 13,624
GRF 200-520 Disadvantaged Pupil 13,626
Impact Aid $ 277,205,650 $ 386,618,741 13,628
GRF 200-521 Gifted Pupil Program $ 34,383,349 $ 36,326,043 13,632
GRF 200-524 Educational 13,634
Excellence and
Competency $ 9,528,000 $ 9,168,000 13,636
GRF 200-526 Vocational Education 13,638
Equipment Replacement $ 4,941,622 $ 0 13,640
GRF 200-532 Nonpublic 13,642
Administrative Cost
Reimbursement $ 41,829,125 $ 44,297,043 13,644
GRF 200-533 School-Age Child Care $ 1,046,647 $ 1,046,647 13,648
GRF 200-534 Desegregation Costs $ 50,400,000 $ 50,400,000 13,652
GRF 200-540 Special Education 13,654
Enhancements $ 0 $ 136,286,490 13,657
75,786,490 13,659
GRF 200-541 Peer Review $ 1,840,000 $ 0 13,663
GRF 200-542 National Board 13,665
Certification $ 1,600,000 $ 0 13,667
306
GRF 200-543 Entry Year Program $ 2,396,205 $ 0 13,671
GRF 200-544 Individual Career 13,673
Plan & Passport $ 5,708,968 $ 0 13,675
GRF 200-545 Vocational Education 13,677
Enhancements $ 0 $ 184,298,314 13,680
201,991,432 13,681
GRF 200-546 Charge-Off Supplement $ 0 $ 11,000,000 13,684
GRF 200-547 Power Equalization $ 0 $ 12,500,000 13,687
GRF 200-551 Reading Improvement $ 1,666,133 $ 1,666,133 13,691
GRF 200-552 County MR/DD Boards 13,693
Vehicle Purchases $ 1,551,774 $ 1,590,569 13,695
GRF 200-553 County MR/DD Boards 13,697
Transportation
Operating $ 6,611,623 $ 6,876,088 13,699
GRF 200-558 Emergency Loan 13,702
Interest Subsidy $ 0 $ 8,490,374 13,704
GRF 200-577 Preschool Special 13,706
Education $ 62,268,535 $ 0 13,708
GRF 200-589 Special Education 13,710
Aides $ 1,635,157 $ 0 13,712
GRF 200-901 Property Tax 13,714
Allocation -
Education $ 566,800,000 $ 600,800,000 13,716
GRF 200-906 Tangible Tax 13,718
Exemption - Education $ 61,320,000 $ 63,210,000 13,720
TOTAL GRF General Revenue Fund $4,899,958,534 $5,257,055,773 13,723
4,895,258,534 5,279,448,891 13,724
General Services Fund Group 13,727
4D1 200-602 Ohio 13,730
Prevention/Education
Resource Center $ 277,560 $ 285,332 13,732
138 200-606 Computer Services $ 4,036,728 $ 4,143,201 13,736
452 200-638 Fees and Gifts $ 1,788,862 $ 1,838,335 13,740
596 200-656 Ohio Career 13,742
307
Information System $ 647,156 $ 660,812 13,744
4P1 200-629 Adult Literacy 13,746
Education $ 2,364,400 $ 2,430,603 13,748
4L2 200-681 Teacher Certification 13,750
and Licensure $ 3,580,741 $ 3,675,311 13,752
TOTAL GSF General Services 13,753
Fund Group $ 12,695,447 $ 13,033,594 13,756
Federal Special Revenue Fund Group 13,759
309 200-601 Educationally 13,762
Disadvantaged $ 12,486,104 $ 12,904,245 13,764
366 200-604 Adult Basic Education $ 16,300,000 $ 18,000,000 13,768
3H9 200-605 Head Start 13,770
Collaboration Project $ 200,000 $ 200,000 13,772
367 200-607 School Food Services $ 9,290,000 $ 10,160,000 13,776
368 200-614 Veterans' Training $ 565,232 $ 593,493 13,780
369 200-616 Vocational Education $ 10,556,971 $ 10,787,320 13,784
3L6 200-617 Federal School Lunch $ 159,570,000 $ 167,550,000 13,788
3L7 200-618 Federal School 13,790
Breakfast $ 29,818,000 $ 31,607,000 13,792
3L8 200-619 Child and Adult Care 13,794
Programs $ 58,600,000 $ 59,800,000 13,796
3L9 200-621 Vocational Education 13,798
Basic Grant $ 54,122,121 $ 54,122,121 13,800
3M0 200-623 ESEA Chapter One $ 356,669,568 $ 374,503,047 13,804
370 200-624 Education of All 13,806
Handicapped Children $ 12,902,838 $ 12,902,838 13,808
3N7 200-627 School-to-Work $ 18,000,000 $ 13,500,000 13,812
371 200-631 EEO Title IV $ 364,655 $ 377,850 13,815
372 200-635 Federal Driver 13,817
Education Projects $ 84,500 $ 84,500 13,819
373 200-642 Pupil Transportation 13,821
Safety Project $ 81,000 $ 81,000 13,823
374 200-647 E.S.E.A. Consolidated 13,825
Grants $ 260,301 $ 265,624 13,827
308
375 200-652 Technical Assistance 13,829
for Educational
Mobility $ 216,720 $ 227,556 13,831
376 200-653 J.T.P.A. $ 5,000,000 $ 5,034,523 13,835
3R3 200-654 Goals 2000 $ 19,789,214 $ 22,000,000 13,839
377 200-657 Sex Equity $ 125,685 $ 131,969 13,843
378 200-660 Math/Science 13,845
Technology
Investments $ 10,802,634 $ 12,000,000 13,847
3D1 200-664 Drug Free Schools $ 17,410,259 $ 19,500,000 13,851
3D2 200-667 Honors Scholarship 13,853
Program $ 1,231,979 $ 1,231,979 13,855
3E2 200-668 AIDS Education 13,857
Project $ 718,734 $ 620,775 13,859
3M1 200-678 ESEA Chapter Two $ 13,478,447 $ 14,152,369 13,863
3M2 200-680 Ind W/Disab Education 13,865
Act $ 91,825,830 $ 91,825,830 13,867
TOTAL FED Federal Special 13,868
Revenue Fund Group $ 900,470,792 $ 934,164,039 13,871
State Special Revenue Fund Group 13,874
454 200-610 Guidance and Testing $ 490,662 $ 503,912 13,879
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 13,883
4V7 200-633 Interagency 13,885
Vocational Support $ 514,000 $ 528,392 13,887
5F8 200-645 Textbooks/Instructional 13,888
Materials $ 25,000,000 $ 25,000,000 13,891
598 200-659 Auxiliary Services 13,893
Mobile Units $ 1,224,444 $ 1,258,728 13,895
5H3 200-687 School District 13,897
Solvency Assistance $ 0 $ 30,000,000 13,899
4R7 200-695 Indirect Cost 13,901
Recovery $ 1,357,434 $ 1,393,146 13,903
TOTAL SSR State Special Revenue 13,904
Fund Group $ 36,586,540 $ 66,684,178 13,907
309
Lottery Profits Education Fund Group 13,910
017 200-682 Lease Rental Payment 13,913
Reimbursement $ 21,105,000 $ 32,780,000 13,915
017 200-610 Base Cost Funding $ 0 $ 666,093,028 13,919
017 200-670 School Foundation - 13,921
Basic Allowance $ 584,137,200 $ 0 13,923
017 200-671 Special Education $ 44,000,000 $ 0 13,927
017 200-672 Vocational Education $ 30,000,000 $ 0 13,931
017 200-673 Primary and Secondary 13,933
Lottery Funding $ 0 $ 0 13,935
017 200-694 Bus Purchase One Time 13,937
Supplement $ 10,000,000 $ 0 13,939
018 200-669 Judgment Loan $ 5,650,000 $ 0 13,947
Total 017 and 018 13,948
LPE Lottery Profits Education 13,949
Fund Group $ 694,892,200 $ 698,873,028 13,952
Education Improvement Fund 13,955
006 200-689 Hazardous Waste 13,958
Removal $ 1,500,000 $ 1,443,401 13,960
TOTAL Education Improvement Fund $ 1,500,000 $ 1,443,401 13,963
TOTAL ALL BUDGET FUND GROUPS $6,546,103,513 $6,969,810,612 13,966
6,541,403,513 6,992,203,730 13,967
Professional Development 13,970
Of the foregoing appropriation item 200-410, Professional 13,972
Development, $5,997,829 shall be used by the Department of 13,973
Education to develop a statewide comprehensive system of twelve 13,975
professional development centers that support local educators' 13,977
ability to foster academic achievement in the students they
serve. The centers shall include training teachers on site-based 13,979
management concepts to encourage teachers to become involved in 13,980
the management of their schools. Each fiscal year, up to 13,981
$450,000 of the appropriation item shall be used to continue Ohio 13,982
leadership academies to develop and train superintendents, 13,983
principals, other administrators, and board members in new
310
leadership and management practices to support high performance 13,984
schools. This training shall be coordinated with other locally 13,985
administered leadership programs. 13,986
Of the foregoing appropriation item 200-410, Professional 13,988
Development, $50,000 each year shall be distributed to the Ohio 13,990
Geographical Alliance at such time as matching funds are provided 13,991
by the National Geographical Society. These moneys shall be used 13,993
by the Ohio Geographical Alliance to provide inservice geography 13,995
training to Ohio public school teachers. 13,996
Of the foregoing appropriation item 200-410, Professional 13,998
Development, $75,000 in each fiscal year shall be distributed by 14,000
the Department of Education to the Ohio University Leadership 14,002
Project.
Of the foregoing appropriation item 200-410, Professional 14,004
Development, up to $500,000 each year shall be used by the 14,006
Department of Education to work with school districts in 14,007
coordinating and improving the training and performance of 14,009
classroom teachers.
Of the foregoing appropriation item 200-410, Professional 14,011
Development, $25,000 in each fiscal year shall be used by the 14,013
Lake County Educational Service Center and $25,000 in each fiscal 14,015
year shall be used by the Geauga County Educational Service 14,016
Center. Both projects shall be used for professional teacher 14,018
development of innovative teaching practices in science and math.
Of the foregoing appropriation item 200-410, Professional 14,020
Development, $500,000 in each fiscal year shall be used by the 14,022
Rural Appalachian Initiative to create professional development 14,023
academies for teachers, principals, and superintendents in the 14,025
Appalachian region.
Of the foregoing appropriation item 200-410, Professional 14,027
Development, up to $1,800,000 in fiscal year 1999 shall be used 14,029
by the Department of Education in cooperation with the Regional 14,030
Professional Development Centers to train mentor teachers and 14,032
provide stipends of $1,500 per year to each mentor teacher to 14,033
311
assist in the professional development of beginning teachers. 14,034
Of the foregoing appropriation item 200-410, Professional 14,036
Development, up to $1,000,000 in fiscal year 1999 shall be used 14,037
by the Department of Education in cooperation with the Regional 14,039
Professional Development Centers to train teacher assessors and 14,041
provide stipends of $2,500 per year to each teacher assessor to 14,042
assist in the evaluation of the classroom performance of 14,043
beginning teachers. 14,044
Of the foregoing appropriation item 200-410, Professional 14,046
Development, $1,321,292 shall be used by the Department of 14,047
Education to establish programs targeted at recruiting 14,048
under-represented populations into the teaching profession. In 14,049
each year, the appropriation item shall be used by the department 14,050
to include, but not be limited to, alternative teacher licensure 14,051
or certification programs emphasizing the recruitment of highly 14,053
qualified minority candidates into teaching, including
emphasizing the recruitment of highly qualified minority 14,054
candidates into teaching positions in schools which have a high 14,055
percentage of minority students. The recruitment programs shall 14,057
also target recruiting qualified candidates available as a result
of downsizing of the military and business sectors. Funding 14,058
shall also be targeted to statewide, regional, and local programs 14,059
that are competitively selected as promising programs 14,060
demonstrating the potential of significantly increasing Ohio's 14,061
minority teaching force.
Of the foregoing appropriation item 200-410, Professional 14,063
Development, $500,000 in each fiscal year shall be used to 14,065
establish or enhance alternative disciplinary schools by 14,066
providing grants of $100,000 annually to each of the following 14,068
programs: Wood County Alternative School Program, Interval 14,069
Opportunity School in Summit County, Portage County Opportunity 14,071
School in Ravenna, Auglaize County Alternative School Program, 14,073
and Licking County Alternative School Program. Such pilot 14,075
programs shall encourage collaborative relationships with
312
juvenile courts and other agencies to develop effective teaching 14,076
and learning programs.
Of the foregoing appropriation item 200-410, Professional 14,078
Development, $200,000 in each fiscal year shall be provided to 14,080
the Stark County Schools Teacher Technical Training Center. 14,082
Of the foregoing appropriation item 200-410, Professional 14,084
Development, $9,659,713 shall be distributed on a per teacher 14,085
basis to all school districts, joint vocational school districts, 14,087
and chartered nonpublic schools for locally developed teacher
training and professional development and for the establishment 14,089
of local professional development committees. School districts 14,090
and joint vocational school districts shall not be precluded from 14,091
using these funds for cooperative activities on a county or 14,092
regional basis.
Of the foregoing appropriation item 200-410, Professional 14,094
Development, $2,875,000 shall be used by the Department of 14,095
Education to develop a peer review program for teachers, to 14,096
provide training, and to implement the peer review program in 14,097
school districts on a pilot basis in fiscal year 1998. Funds for 14,098
fiscal year 1999 shall be awarded on a competitive basis to 14,099
school districts wishing to implement peer review programs. In 14,100
each fiscal year, $640,000 shall be distributed to the Regional 14,101
Professional Development Centers to provide training for mentor 14,102
teachers and for leadership teams from districts implementing 14,103
peer review programs. 14,104
Of the foregoing appropriation item 200-410, Professional 14,106
Development, $125,000 in each fiscal year shall be used by the 14,107
Rural Appalachian Initiative to develop a peer review and 14,109
coaching model whereby teachers coach one another. In addition, 14,110
the funds shall be used to train and provide stipends for teacher
coaches and mentors, and to develop training modules for 14,111
professional improvement through establishing and attaining 14,112
goals.
Of the foregoing appropriation item 200-410, Professional 14,114
313
Development, $1,650,000 shall be used by the Department of 14,116
Education to pay the application fee for teachers from public and 14,118
chartered nonpublic schools applying to the National Board for 14,119
Professional Teaching Standards for professional teaching 14,122
certificates or licenses that the board offers, and to provide 14,123
grants in each fiscal year to recognize and reward teachers who 14,124
become certified by the board pursuant to section 3319.55 of the
Revised Code. 14,125
In each fiscal year, the appropriation item shall be used 14,127
to pay for the first 400 applications received by the department. 14,129
Each prospective applicant for certification or licensure shall 14,130
submit an application to the Department of Education. When the 14,131
department has collected a group of applications, but no later
than 30 days after receipt of the first application in a group, 14,132
it shall send the applications to the National Board for 14,133
Professional Teaching Standards along with a check to cover the 14,135
cost of the application fee for all applicants in that group. 14,136
Of the foregoing appropriation item 200-410, Professional 14,138
Development, up to $300,000 shall be used each fiscal year by the 14,139
Department of Education to support the connection of teacher 14,140
applicants to university programs that enhance applicant learning 14,142
and professional development during the National Board 14,143
Certification process.
Of the foregoing appropriation item 200-410, Professional 14,145
Development, $2,456,110 shall be used by the Department of 14,147
Education to expand the pilot residency programs established 14,148
pursuant to provisions of Am. Sub. H.B. 152 of the 120th General 14,150
Assembly.
The Department of Education shall select eligible beginning 14,153
teachers to participate in a year-long entry year program which 14,154
provides for guidance and coaching by experienced school district 14,155
and university faculty and regular teacher performance 14,156
assessment. The program is designed to assess each beginning 14,157
teacher with the Education Testing Service's Praxis III 14,158
314
examination. These funds shall be used to support the 14,159
supervisory, teaching, and assessment services associated with 14,160
the pilot residency program in urban, suburban, and rural sites. 14,161
Sec. 50.07. Potential Value Recomputation 14,166
(A) Notwithstanding division (A)(2) of section 3317.022 of 14,168
the Revised Code in: 14,169
(A) IN fiscal year 1999 the Department of Education shall 14,172
first calculate all state basic aid payments to school districts 14,173
required under Chapter 3317. of the Revised Code and other 14,174
sections of Am. Sub. H.B. 215 and Am. Sub. H.B. 650 of the 122nd 14,176
General Assembly under which payments are made from appropriation 14,178
items 200-501, School Foundation Basic Allowance BASE COST 14,179
FUNDING, and 200-670, School Foundation Basic Allowance BASE COST 14,181
FUNDING, as if such division (A)(2) OF SECTION 3317.022 OF THE 14,182
REVISED CODE had not been enacted. Such calculated amounts shall 14,184
be paid to school districts in accordance with section 3317.01 of 14,185
the Revised Code and Am. Sub. H.B. 650 of the 122nd General 14,187
Assembly.
(B) After the calculation required by division (A) of this 14,189
section, the department shall recalculate all state basic aid 14,190
payments to school districts required under Chapter 3317. of the 14,191
Revised Code and other sections of Am. Sub. H.B. 215 and Am. Sub. 14,192
H.B. 650 of the 122nd General Assembly, utilizing in such 14,193
recalculation the provisions of division (A)(2) of section 14,194
3317.022 of the Revised Code. From the additional available 14,195
money, the THE department shall pay each district FROM 14,196
APPROPRIATION ITEM 200-501, BASE COST FUNDING, OR 200-670, BASE 14,198
COST FUNDING, an amount equal to the difference between its 14,200
calculated amount of basic aid under division (A) of this section 14,201
and its recalculated amount under this division. If there is not 14,202
enough additional money to pay such amounts to all school 14,203
districts, the department shall pay each district a percentage of 14,204
such amount equal to the percentage the total amount of 14,205
additional available money represents of the total amount of 14,206
315
money that would be necessary to make the payments prescribed 14,207
under this division to all districts.
THE PAYMENT DETERMINED FOR A DISTRICT PURSUANT TO DIVISION 14,209
(B) OF THIS SECTION SHALL BE MADE WITHOUT REGARD TO ANY 14,211
LIMITATION IMPOSED ON PAYMENTS TO DISTRICTS PURSUANT TO DIVISION 14,212
(B),(C),(D), OR (E) OF SECTION 18 OF AM. SUB. H.B. 650 OF THE 14,216
122nd GENERAL ASSEMBLY, AS AMENDED BY H.B. 770 OF THE 122nd 14,218
GENERAL ASSEMBLY.
Sec. 50.08. Pupil Transportation 14,220
Of the foregoing appropriation item 200-502, Pupil 14,222
Transportation, up to $680,000 may be used by the Department of 14,223
Education each year for training prospective and experienced 14,224
school bus drivers in accordance with training programs 14,225
prescribed by the department; up to $63,500 of the item shall be 14,226
used each fiscal year for school bus rider safety programs 14,227
pursuant to sections 3327.16 and 5126.061 of the Revised Code; UP 14,229
TO $90,000 IN EACH FISCAL YEAR SHALL BE USED FOR THE PUPIL 14,230
TRANSPORTATION PILOT PROJECT TO DEMONSTRATE INNOVATIVE, 14,231
EFFICIENT, AND COST-REDUCING COOPERATIVE METHODS OF TRANSPORTING
PUPILS ON A COUNTYWIDE BASIS; and up to $25,725,000 in fiscal 14,234
year 1998 and $27,010,000 in fiscal year 1999 shall be used for 14,235
handicapped transportation; and the remainder shall be used for 14,236
the state reimbursement of public school districts' costs in 14,237
transporting pupils to and from the school to which they attend 14,238
in accordance with the district's policy, State Board of 14,239
Education standards, and the Revised Code.
Bus Purchase Allowance 14,241
The foregoing appropriation item 200-503, Bus Purchase 14,243
Allowance, shall be distributed to school districts and 14,244
educational service centers pursuant to rules adopted under 14,246
section 3317.07 of the Revised Code. Up to 25 per cent of the 14,247
amount appropriated may be used to reimburse school districts and 14,248
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 14,250
316
School Lunch 14,252
The foregoing appropriation item 200-505, School Lunch 14,254
Match, shall be used to provide matching funds to obtain federal 14,255
funds for the school lunch program. 14,256
Sec. 50.09. Adult Literacy Education 14,261
The foregoing appropriation item 200-509, Adult Literacy 14,263
Education, shall be used to support Adult Basic and Literacy 14,264
Education instructional programs, the State Literacy Resource 14,265
Center program, and the State Advisory Council on Adult Education 14,266
and Literacy. 14,267
Of the foregoing appropriation item 200-509, Adult Literacy 14,270
Education, up to $410,000 in fiscal year 1998 and $512,500 in 14,271
fiscal year 1999 shall be used to satisfy state match 14,272
requirements for the support and operation of the State Literacy 14,273
Resource Center and the State Advisory Council on Adult Education 14,274
and Literacy.
Of the foregoing appropriation item 200-509, Adult Literacy 14,277
Education, up to $50,000 in each fiscal year shall be used to 14,278
provide funds to literacy councils that have not previously 14,279
received funding. Each of these councils, in order to receive 14,280
funds, shall have its plan of service approved by the local 14,281
Family and Children First council.
The remainder shall be used to continue to satisfy the 14,283
state match requirement for the support and operation of the Ohio 14,284
Department of Education administered instructional grant program 14,285
for Adult Basic and Literacy Education in accordance with the 14,286
department's state plan for Adult Basic and Literacy Education as 14,287
approved by the State Board of Education and the Secretary of the 14,288
United States Department of Education. 14,289
Auxiliary Services 14,291
The foregoing appropriation item 200-511, Auxiliary 14,293
Services, shall be used by the State Board of Education for the 14,294
purpose of implementing section 3317.06 of the Revised Code. Of 14,295
the appropriation, up to $1,000,000 in each fiscal year of the 14,296
317
biennium may be used for payment of the Post-Secondary Enrollment 14,297
Options Program for nonpublic students pursuant to section 14,298
3365.10 of the Revised Code. 14,299
Driver Education 14,301
The foregoing appropriation item 200-512, Driver Education, 14,303
shall be used by the State Board of Education for subsidizing 14,304
driver education courses for which the State Board of Education 14,305
prescribes minimum standards pursuant to section 3301.07 of the 14,306
Revised Code and courses for students released by high school 14,307
principals to attend commercial driver training schools licensed 14,308
under Chapter 4508. of the Revised Code. 14,309
Post-Secondary/Adult Vocational Education 14,311
The foregoing appropriation item 200-514, 14,313
Post-Secondary/Adult Vocational Education, shall be used by the 14,314
State Board of Education to provide post-secondary/adult 14,315
vocational education pursuant to sections 3313.52 and 3313.53 of 14,316
the Revised Code. 14,317
Of the foregoing appropriation item 200-514, 14,319
Post-Secondary/Adult Vocational Education, up to $500,000 in each 14,321
fiscal year shall be allocated for the Ohio Career Information 14,322
System (OCIS) and used for the dissemination of career 14,323
information data to public schools, libraries, rehabilitation 14,324
centers, two- and four-year colleges and universities, and other 14,325
governmental units. 14,326
Of the foregoing appropriation item 200-514, 14,328
Post-Secondary/Adult Vocational Education, up to $30,000 in each 14,329
fiscal year shall be used for the statewide coordination of the 14,330
activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid 14,332
The foregoing appropriation item 200-520, Disadvantaged 14,334
Pupil Impact Aid, shall be distributed to school districts 14,335
according to the provisions of section 3317.029 of the Revised 14,337
Code. However, no money shall be distributed for all-day 14,339
kindergarten to any school district whose three-year average 14,340
318
formula ADM exceeds 17,500 but whose DPIA index is not at least 14,341
equal to 1.00, unless the Department of Education certifies that 14,342
sufficient funds exist in this appropriation to make all other 14,344
payments required by section 3317.029 of the Revised Code. 14,345
THE DEPARTMENT OF EDUCATION SHALL PAY TO COMMUNITY SCHOOLS 14,348
AN AMOUNT FOR ALL-DAY KINDERGARTEN IF THE SCHOOL DISTRICT IN
WHICH THE STUDENT IS ENTITLED TO ATTEND SCHOOL IS ELIGIBLE BUT 14,349
DOES NOT RECEIVE A PAYMENT FOR ALL-DAY KINDERGARTEN, PURSUANT TO 14,350
DIVISION (B) OF SECTION 3314.13 OF THE REVISED CODE, AND THE 14,351
STUDENT IS REPORTED BY THE COMMUNITY SCHOOL AS ENROLLED IN 14,352
ALL-DAY KINDERGARTEN AT THE COMMUNITY SCHOOL. 14,353
Annually, $1,450,000 shall be used by the Department of 14,355
Education to provide state matching funds to implement the 14,356
federal building based Effective School Program. 14,357
Of the foregoing appropriation item 200-520, Disadvantaged 14,359
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 14,360
shall be used for school breakfast programs. Of the $3,000,000, 14,361
UP TO $500,000 shall be used each year by the Department of 14,363
Education to provide start-up grants to rural school districts 14,364
that start school breakfast programs. The remainder of the 14,365
$3,000,000 shall be used to: (1) partially reimburse school 14,366
buildings within school districts that are required to have a
school breakfast program pursuant to section 3313.813 of the 14,367
Revised Code, at a rate decided upon by the department, for each 14,368
breakfast served to any pupil enrolled in the district; (2) 14,369
partially reimburse districts participating in the National 14,370
School Lunch Program that have at least 20 per cent of students
who are eligible for free and reduced meals according to federal 14,371
standards, at a rate decided upon by the department; and (3) to 14,372
partially reimburse districts participating in the National 14,373
School Lunch Program for breakfast served to children eligible 14,374
for free and reduced meals enrolled in the district, at a rate 14,375
decided upon by the department.
Of the portion of the funds distributed to the Cleveland 14,377
319
City School District under section 3317.029 of the Revised Code 14,378
calculated under division (F)(2) of that section, up to 14,379
$8,700,000 in fiscal year 1999 shall be used to operate the pilot 14,380
school choice program in the Cleveland City School District 14,381
pursuant to sections 3313.974 to 3313.979 of the Revised Code. 14,382
Of the foregoing appropriation item 200-520, Disadvantaged 14,384
Pupil Impact Aid, $8,750,000 in fiscal year 1999 shall be used 14,386
for competitive discipline intervention grants for the 21 urban
school districts as defined in division (O) of section 3317.02 of 14,388
the Revised Code as it existed prior to July 1, 1998. The grants 14,389
shall be administered by the Ohio Department of Education and 14,390
designed to reduce problems with student attendance, truancy, 14,391
dropouts, and discipline.
Of the foregoing appropriation item 200-520, Disadvantaged 14,393
Pupil Impact Aid, $250,000 in fiscal year 1999 shall be 14,394
distributed to the Franklin County Educational Council to provide 14,395
a cross district alternative learning environment for students 14,396
with alternative learning requirements, in collaboration with 14,397
member districts and community services. 14,398
Of the foregoing appropriation item 200-520, Disadvantaged 14,400
Pupil Impact Aid, $900,000 each year shall be used to support 14,401
dropout recovery programs administered by the Ohio Department of 14,402
Education, Jobs for Ohio's Graduates program. 14,403
Of the foregoing appropriation item 200-520, Disadvantaged 14,405
Pupil Impact Aid, up to $1,000,000 in each year of the biennium 14,406
shall be used to fund grants to improve reading performance, 14,407
using programs such as Failure Free Reading, Slavin's Success for 14,408
All, and other programs that have a demonstrated record of 14,409
improving reading comprehension. The grants shall be made by the
Department of Education to 20 schools in which at least 50 per 14,410
cent of fourth grade students failed to pass at least four parts 14,411
of the fourth grade proficiency test. The grants shall be made 14,412
in the amount of $50,000 for each school. 14,413
Of the foregoing appropriation item 200-520, Disadvantaged 14,415
320
Pupil Impact Aid, the Department shall distribute $75,000 in each 14,416
fiscal year to the Collinwood Community Center to continue 14,417
outreach work on the Parents' Pledge of Responsibility in the 14,418
Cleveland City School District. This distribution shall come 14,419
from the Cleveland City School District's Disadvantaged Pupil 14,420
Impact Aid. 14,421
Of the foregoing appropriation item 200-520, Disadvantaged 14,424
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 14,425
used by the Department of Education to encourage school districts 14,426
to set high academic standards and provide a helping hand for 14,427
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 14,429
conducted for students who have been enrolled in the fourth and 14,430
sixth grades, whether district-wide, in several school buildings 14,431
or within a cluster of school buildings, that addresses the needs 14,433
of students who did not pass at least three of the five parts of 14,434
either the fourth-grade or sixth-grade proficiency test, that is 14,435
of at least six weeks' duration, and that provides an innovative, 14,436
enriching educational experience. The department shall use the 14,437
funds indicated in this paragraph to make grants to those school 14,438
districts that conduct such Summer Proficiency Academies and that 14,439
have valuation per pupil less than 150 per cent of the statewide 14,440
average valuation per pupil, to defray 75 per cent of the costs 14,441
of conducting such academies. The amount of each grant shall not 14,442
exceed $150,000 and each school district shall be eligible for up 14,443
to four grants in each fiscal year. Grants shall be made to 14,444
school districts based on the percentage of students failing 14,445
three or more tests, with first priority given to districts with 14,446
the highest failure rates. As used in this paragraph, "valuation 14,447
per pupil" has the same meaning as in division (A)(4) of section 14,449
3317.0212 of the Revised Code as it existed prior to July 1, 14,450
1998.
Sec. 50.10. Gifted Pupil Program 14,455
The foregoing appropriation item 200-521, Gifted Pupil 14,457
321
Program, shall be used for gifted education units not to exceed 14,458
927 in fiscal year 1998 and 950 in fiscal year 1999. Up to 14,459
$70,000 per year shall be used for the operation and support of 14,461
the Ohio Summer School for the Gifted. Up to $600,000 per year 14,462
shall be used for research and demonstration projects. 14,463
Notwithstanding the prohibition in section 3317.05 of the 14,465
Revised Code that the State Board of Education annually approve 14,466
for school districts and educational service centers no more than 14,467
the number of gifted education units for which it determines 14,469
appropriations have been made and notwithstanding the amounts 14,470
required to be annually paid to school districts and educational 14,471
service centers for approved gifted education units under 14,472
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,473
3317.162 of the Revised Code, if the foregoing appropriation item 14,475
is not sufficient to fund the maximum allowable number of funded 14,476
gifted education units in fiscal year 1999 in accordance with 14,478
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,479
3317.162 of the Revised Code, the State Board of Education may 14,480
approve up to the maximum allowable number of funded gifted 14,481
education units in each fiscal year of the biennium and, in lieu 14,482
of the amounts required to be paid for approved units under 14,483
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,485
3317.162 of the Revised Code, shall proportionately reduce those 14,486
amounts so that the total amount the State Board and educational 14,487
service centers pays to school districts for all approved units 14,488
does not exceed the amount of funds available in the foregoing 14,489
appropriation item for such units. During the course of each 14,490
fiscal year, the State Board may alter its determination of any 14,491
reduction under this section for that fiscal year. 14,492
Of the foregoing appropriation item 200-521, Gifted Pupil 14,494
Program, the Department of Education shall be authorized to 14,495
expend up to $1,000,000 each year for the Summer Honors Institute 14,496
for gifted freshmen and sophomore high school students. 14,497
Of the foregoing appropriation item 200-521, Gifted Pupil 14,499
322
Program, up to $200,000 each year shall be used for the W.E.B. 14,501
DuBois Talented Tenth Teacher Training Academy. The program will 14,502
provide a summer honors program to promising minority students 14,503
identified by their school districts as potential future 14,504
teachers, pursuant to section 3313.608 of the Revised Code. 14,505
Sec. 50.12. Educational Excellence and Competency 14,510
Of the foregoing appropriation item 200-524, Educational 14,512
Excellence and Competency, up to $35,000 in each year of the 14,513
biennium shall be reserved for the Ohio Science Olympiad and up 14,514
to $35,000 in each year of the biennium shall be reserved for the 14,515
International Science and Engineering Fair. In each year of the 14,516
biennium, $250,000 shall be reserved for a Math and Science 14,517
Initiative to enhance math and science education for elementary 14,518
students in a county-wide collaborative. 14,519
The Department of Education shall distribute $100,000 in 14,521
fiscal year 1998 and $150,000 in fiscal year 1999 to the 14,522
Christopher Project. The department shall distribute $120,000 in 14,523
each fiscal year to the Regional District/University Consortium 14,524
to Validate At-Risk Programs for Rural School Districts. The 14,525
Department shall distribute $75,000 in each fiscal year to the 14,526
Cincinnati Artworks Project. In fiscal year 1998, $100,000 shall 14,527
be used for the Fairborn Community Vision and $300,000 in fiscal 14,528
year 1998 and $100,000 in fiscal year 1999 shall be used for 14,529
Ledgemont Education Excellency. In addition, the department
shall distribute $275,000 in each fiscal year to the Summit 14,530
County Technology Project. 14,531
In each fiscal year, $300,000 shall be used for a pilot 14,533
project for the integration and implementation of distance 14,534
learning, virtual reality, and computer technology to prepare 14,535
students for careers in industry. Of this amount, $65,000 in 14,536
each fiscal year shall be distributed to the Math, Science and 14,537
Industrial Technology Institute at Kent State University-Trumbull 14,538
Campus for purposes of this pilot project and $235,000 in each 14,539
fiscal year shall be distributed to the Trumbull County 14,540
323
Educational Service Center for the Industrial Technology Career 14,541
Academy pilot project. In each fiscal year, $140,000 shall be 14,542
used for the Crouse School Readiness Program. 14,543
Of the foregoing appropriation item 200-524, Educational 14,545
Excellence and Competency, $90,000 in fiscal year 1998 shall be 14,546
used for the Cleveland Language pilot program; and $20,000 in 14,547
fiscal year 1998 shall be used for the Columbus Language pilot 14,548
program.
Of the foregoing appropriation item 200-524, Educational 14,551
Excellence and Competency, $850,000 in fiscal year 1998 and 14,552
$850,000 in fiscal year 1999 shall be used to assist local school 14,553
districts in the implementation of financial literacy programs as 14,554
part of the school curriculum in kindergarten through grade six. 14,555
The funds shall be used to purchase financial literacy 14,556
instructional materials, including student books, hands-on 14,557
material, and supporting teacher guides, which promote economic 14,558
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 14,559
literacy curriculum shall also introduce students to the concepts 14,560
of economic interdependence, profit, loss, investment, and supply 14,561
and demand. In fiscal year 1999, each school district shall be 14,562
eligible for one $1,000 grant for each kindergarten through sixth 14,563
grade level in each school building. A school building with five 14,565
or more classes per grade level may receive up to $2,000 for that 14,566
grade level.
The remainder of the appropriation shall be used by the 14,568
Department of Education to fund programs for at-risk students 14,569
each year as follows: 14,570
Earn and Learn $1,030,000 14,572
Trumbull County "Make Learning Fun" $75,000 14,573
LEAF $65,000 14,574
Coventry $25,000 14,575
Columbus Youth Corp $50,000 14,576
Montgomery County Summer Math program $215,000 14,577
324
Columbus City District's "I Know I Can" $645,000 14,578
Dayton-Montgomery County Scholarship 14,579
Program $645,000
Cleveland Scholarship $500,000 14,580
Cleveland Initiative for Education $360,000 14,581
Cincinnati Project Succeed Academy $100,000 14,582
Cincinnati Scholarship Foundation $645,000 14,583
Improved Solutions for Urban Systems 14,584
(ISUS) $100,000
Lorain County Access $150,000 14,585
Amer-I-Can $850,000 14,586
London Learns $100,000 14,587
Project Succeed $1,000,000 14,588
Greater Toledo School-To-Work 14,589
Consortium $100,000
Muskingum Valley Services Center $100,000 14,590
For the Cleveland Initiative in Education program, the 14,593
grant shall support its mentoring and advocacy program. 14,594
Of the foregoing appropriation item 200-524, Educational 14,596
Excellence and Competency, $83,000 in fiscal year 1998 and 14,597
$83,000 in fiscal year 1999 shall be used for the Shaker Heights 14,598
Educational Mobility program. 14,599
Each program or entity that receives funds under the 14,601
foregoing appropriation item 200-524, Educational Excellence and 14,603
Competency, shall submit annually to the chairpersons of the 14,604
education committees of the House of Representatives and the 14,605
Senate and to the Department of Education a report that includes 14,606
a description of the services supported by the funds, a 14,607
description of the results achieved by those services, an 14,608
analysis of the effectiveness of the program, and an opinion as 14,609
to the program's applicability to other school districts. No 14,610
funds shall be provided by the Department of Education to a 14,611
district for the fiscal year 1999 until its report for the fiscal 14,613
year 1998 has been submitted.
325
Nonpublic Administrative Cost Reimbursement 14,615
The foregoing appropriation item 200-532, Nonpublic 14,617
Administrative Cost Reimbursement, shall be used by the State 14,618
Board of Education for the purpose of implementing section 14,619
3317.063 of the Revised Code. 14,620
School-Age Child Care 14,623
Of the foregoing appropriation item 200-533, School-Age 14,625
Child Care, up to $200,000 in each fiscal year shall be used for 14,626
the "Training Ohio's Parents for Success" program. Up to 14,627
$500,000 in each fiscal year shall be used for the "Parents as 14,629
Teachers" program.
Of the foregoing appropriation item 200-533, School-Age 14,631
Child Care, up to $62,500 in each fiscal year shall be used by 14,632
the Cincinnati YWCA for its Home Instruction Program for 14,633
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 14,635
program of child care conducted outside of regular school hours 14,636
for school age children. 14,637
The remainder of the foregoing appropriation item 200-533, 14,639
School-Age Child Care, shall be used by the Department of 14,640
Education to provide grants to city, local, and exempted village 14,641
school districts and educational service centers for school-age 14,642
child care programs. In each fiscal year, the department shall 14,643
make grants. All grants shall be awarded by the department on 14,645
the basis of project proposals submitted by school district 14,646
boards of education or educational service center governing
boards. The board of education of each district or governing 14,648
board of each educational service center that receives a grant 14,649
shall keep a record of how the grant is used, and issue a report 14,650
at the end of the school year for which the grant was made 14,651
explaining the goals and objectives determined, the activities 14,652
implemented, and the progress made toward achieving goals and 14,653
objectives.
Desegregation Costs 14,655
326
The foregoing appropriation item 200-534, Desegregation 14,657
Costs, shall be used to pay desegregation costs. 14,658
(A) Notwithstanding any section of law to the contrary, if 14,661
in each fiscal year, due to federal court order, the Department 14,662
of Education is obligated to pay for desegregation costs in any 14,663
school district, the costs shall be paid from the foregoing 14,664
appropriation item 200-534, Desegregation Costs. 14,665
Of the foregoing appropriation item 200-534, Desegregation 14,667
Costs, up to $900,000 in fiscal year 1998 and up to $1,000,000 in 14,669
fiscal year 1999 may be used to cover the legal fees associated 14,670
with desegregation cases brought against the state. 14,671
OF THE FOREGOING APPROPRIATION ITEM 200-534, DESEGREGATION 14,673
COSTS, IN FISCAL YEAR 1999 ANY UNOBLIGATED BALANCES MAY BE USED 14,674
TO COVER THE LEGAL FEES ASSOCIATED WITH DESEGREGATION CASES 14,675
BROUGHT AGAINST THE STATE. 14,676
By May 1 of each year, the Department of Education will 14,678
determine if the appropriation exceeds the state's obligation for 14,679
desegregation costs. Any appropriations in excess of the state's 14,680
obligation shall be transferred to appropriation item 200-406, 14,681
Head Start, by the Director of Budget and Management. 14,682
(B) As part of managing state desegregation costs, any 14,684
board of education of a school district subject to a federal 14,685
court desegregation order that requires the district board to bus 14,686
students for the purpose of racial balance shall, within one year 14,687
of the effective date of Am. Sub. H.B. 215 of the 122nd General 14,688
Assembly:
(1) Update its plan required under Am. Sub. H.B. 298 of 14,690
the 119th General Assembly designed to satisfy the court so as to 14,691
obtain release from the court's desegregation order; and 14,692
(2) Submit an updated copy of the plan to the State Board 14,694
of Education. 14,695
Upon request of the district board, the State Board shall provide 14,698
technical assistance to the school district board in developing a 14,699
plan.
327
Within ninety days of the date on which the plan is 14,701
submitted to the State Board of Education, the district board, or 14,702
the district board and the State Board of Education jointly if 14,704
both are parties to the desegregation case, shall submit the plan 14,706
to the court and apply for release from the court's desegregation 14,707
order.
Of the foregoing appropriation item 200-534, Desegregation 14,709
Costs, Cleveland City Schools shall receive $40,000,000 in fiscal 14,710
year 1998 and $38,200,000 in fiscal year 1999; Dayton City 14,712
Schools shall receive at least $4,500,000 in each of fiscal year
1998 and fiscal year 1999. 14,713
Of the foregoing appropriation item 200-534, Desegregation 14,716
Costs, $5,000,000 in each fiscal year shall be used by the 14,717
Department of Education to support the Cincinnati Magnet School 14,718
Program.
Sec. 50.13. Special Education Enhancements 14,723
Of the foregoing appropriation item 200-540, Special 14,725
Education Enhancements, up to $42,000,000 shall be used to fund 14,727
up to 894 special education classroom and related services units
at MR/DD boards and institutions. 14,728
Of the foregoing appropriation item 200-540, Special 14,730
Education Enhancements, up to $22,000,000 in each fiscal year 14,732
1998 SHALL BE USED FOR HOME INSTRUCTION AND SPECIAL INSTRUCTIONAL 14,734
SERVICES FOR HANDICAPPED CHILDREN AND $3,000,000 IN FISCAL YEAR 14,735
1999 shall be used for home instruction and special instructional 14,737
services for handicapped children; up to $2,000,000 may be used 14,738
in each fiscal year 1998 for occupational and physical therapy 14,740
contract services, including services provided by physical
therapy assistants and certified occupational therapy assistants; 14,741
up to $1,000,000 in fiscal year 1998 and up to $1,150,000 in 14,743
fiscal year 1999 shall be used for parent mentoring programs; and 14,744
$100,000 shall be expended in each year of the biennium for 14,746
teacher training; AND UP TO $2,500,000 MAY BE USED IN FISCAL YEAR 14,748
1999 FOR SCHOOL PSYCHOLOGY INTERNS.
328
Of the foregoing appropriation item 200-540, Special 14,750
Education Enhancements, $1,684,212 in fiscal year 1999 shall be 14,752
used by the Department of Education to assist school districts in 14,753
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of Rule 14,754
3301-51-04 of the Administrative Code. 14,755
Of the foregoing appropriation item 200-540, Special 14,757
Education Enhancements, $67,352,278 shall be distributed by the 14,759
Department of Education to county boards of mental retardation 14,760
and developmental disabilities, educational service centers, and 14,761
school districts for preschool special education units and 14,762
preschool supervisory units in accordance with section 3317.161 14,763
of the Revised Code. The department may reimburse county boards 14,764
of mental retardation and developmental disabilities, educational 14,765
service centers, and school districts for related services as 14,766
defined in Rule 3301-01-05 of the Ohio Administrative Code, for 14,767
preschool occupational and physical therapy services provided by 14,768
a physical therapy assistant and certified occupational therapy 14,769
assistant, and for an instructional assistant. To the greatest 14,770
extent possible, the Department of Education shall allocate these 14,771
units to school districts and educational service centers. The 14,772
Controlling Board may approve the transfer of unallocated funds 14,773
from appropriation item 200-501, Base Cost Funding, to 14,774
appropriation item 200-540, Special Education Enhancements, to 14,776
fully fund existing units as necessary or to fully fund 14,777
additional units. The Controlling Board may approve the transfer 14,778
of unallocated funds from appropriation item 200-540, Special 14,780
Education Enhancements, to appropriation item 200-501, Base Cost 14,781
Funding, to fully fund existing units, as necessary, or to fully 14,783
fund additional units.
Sec. 50.14. Vocational Education Enhancements 14,788
Of the foregoing appropriation item 200-545, Vocational 14,790
Education Enhancements, up to $125,000,000 $134,000,000 shall be 14,792
used to fund up to 2,800 3,000 vocational education units, 14,793
INCLUSIVE OF GRADS UNITS, at joint vocational school districts 14,796
329
and up to $2,300,000 shall be used to fund up to 51 vocational
education units at institutions. Up to $7,500,000 in fiscal year 14,798
1999 may be used for nonvocational units necessary for graduation 14,799
pursuant to section 3317.16 of the Revised Code, up to $6,500,000 14,800
in fiscal year 1999 shall be used for joint vocational school 14,802
equalization pursuant to section 3317.16 of the Revised Code, up 14,803
to $300,000 shall be distributed to the Toledo Technology Academy 14,804
each fiscal year, up to $9,500,000 in fiscal year 1999 shall be 14,805
used to fund the Jobs for Ohio Graduates (JOG) program, up to 14,806
$2,205,000 in fiscal year 1999 may be used to support tech prep 14,808
consortia, and up to $7,193,118 in fiscal year 1999 shall be used 14,810
to fund the Graduation, Reality, and Dual Role Skills (GRADS) 14,811
program according to that program's rules, which shall be 14,812
developed by the Superintendent of Public Instruction. Up to 14,813
$3,100,000 $4,600,000 may be used to pay for special education 14,814
classroom and related services units at joint vocational schools. 14,815
Funds for nonvocational units necessary for graduation 14,817
shall be distributed according to rules adopted by the State 14,818
Board of Education. If federal funds for vocational education 14,820
cannot be used for local school district leadership without being 14,821
matched by state funds, then an amount as determined by the
Superintendent of Public Instruction shall be made available from 14,823
state funds appropriated for vocational education. If any state 14,824
funds are used for this purpose, federal funds in an equal amount 14,825
shall be distributed for vocational education in accordance with 14,826
authorization of the state plan for vocational education for Ohio 14,827
as approved by the Secretary of the United States Department of 14,829
Education.
The Legislative Office of Education Oversight shall study 14,832
the various programs designed to serve at-risk high school 14,833
students. Differences and possible overlaps of purposes, goals, 14,834
objectives and strategies among such programs as Jobs for Ohio 14,836
Graduates (JOG), Graduation, Reality, and Dual Role Skills 14,839
(GRADS), Occupational Work Experience (OWE), and Occupational 14,840
330
Work Adjustment (OWA) will be identified. 14,841
Of the foregoing appropriation item 200-545, Vocational 14,843
Education Enhancements, $100,000 in fiscal year 1998 shall be 14,845
used for the Cuyahoga County Vocational Apprenticeship Program, 14,847
which provides funding for training in the building trades of 14,849
eligible residents of the City of Cleveland. The program 14,850
utilizes new housing development and rehabilitation programs of 14,851
four nonprofit neighborhood development corporations as the focus 14,852
of the skills training apprenticeship program. The four 14,853
neighborhood development corporations participating in the 14,854
program are the Glenville Development Corporation, Northeastern 14,856
Neighborhood Development Corporation, Bell, Burton, and Carr 14,857
Development Corporation, and the Buckeye Area Development 14,859
Corporation.
Of the foregoing appropriation item 200-545, Vocational 14,861
Education Enhancements, $5,851,692 in fiscal year 1999 shall be 14,863
used to enable students to develop career plans, to identify 14,864
initial educational and career goals, and to develop a career
passport which provides a clear understanding of the student's 14,865
knowledge, skills, and credentials to present to future 14,866
employers, universities, and other training institutes. 14,867
The amount of $5,851,692 shall be allocated to school 14,869
districts pursuant to guidelines developed by the Department of 14,871
Education for programs described in section 3313.607 of the 14,873
Revised Code for children in the kindergarten through twelfth 14,874
grades. Funds so allocated shall be used for educational 14,875
materials, services, career information, curriculum development,
staff development, mentorships, career exploration, and career 14,876
assessment instruments as needed to develop individualized career 14,877
plans and passports.
Of the foregoing appropriation item 200-545, Vocational 14,879
Education Enhancements, $4,941,622 shall be used to provide an 14,881
amount to each eligible school district for the replacement or
updating of equipment essential for the instruction of students 14,882
331
in job skills taught as part of a vocational program or programs 14,883
approved for such instruction by the State Board of Education. 14,885
School districts replacing or updating vocational education 14,886
equipment may purchase or lease such equipment. The Department 14,887
of Education shall review and approve all equipment requests and 14,888
may allot appropriated funds to eligible school districts on the 14,890
basis of the number of units of vocational education in all 14,891
eligible districts making application for funds. 14,892
The State Board of Education may adopt standards of need 14,895
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 14,897
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 14,898
be provided to a school district on a 40, 50, or 60 per cent of 14,899
cost on the basis of a district vocational priority index rating 14,900
developed by the Department of Education for all districts each 14,902
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 14,903
shall include other socio-economic factors as determined by the 14,904
State Board of Education. 14,905
Of the foregoing appropriation item 200-545, Vocational 14,907
Education Enhancements, up to $17,000,000 $24,193,118 in fiscal 14,909
year 1999 shall be used for the Vocational Education Programs 14,911
set-aside, from which moneys shall be distributed PROVIDE FUNDS 14,913
to school districts for vocational education programs in 14,914
comprehensive high schools AND WHICH SHALL INCLUDE THE 14,915
GRADUATION, REALITY AND DUAL ROLE SKILLS (GRADS) PROGRAM 14,916
ACCORDING TO THAT PROGRAM'S RULES, WHICH SHALL BE DEVELOPED BY 14,917
THE SUPERINTENDENT OF PUBLIC INSTRUCTION. In addition to any 14,919
other payments made under Chapter 3317. of the Revised Code, any
city, local, or exempted village school district providing an 14,920
approved vocational education program may receive a supplemental 14,921
vocational education payment from the set-aside for the purpose 14,922
of meeting additional costs of providing vocational education. 14,923
332
The moneys shall be distributed in accordance with rules adopted 14,924
by the Superintendent of Public Instruction. The rules shall
specify the vocational education related purposes for which the 14,925
moneys received may be expended and may establish a system of 14,926
prioritizing the distribution of moneys. 14,927
Reading Improvement 14,929
The foregoing appropriation item 200-551, Reading 14,931
Improvement, shall be used by the Department of Education to fund 14,932
the Reading Recovery training network, to cover the cost of 14,933
release time for the teacher trainers, and to provide grants to 14,934
districts to implement other reading improvement programs on a 14,936
pilot basis. Funds for this appropriation item may also be used 14,938
to conduct evaluations of the impact and effectiveness of Reading 14,939
Recovery and other reading improvement programs. 14,940
In addition, the Department of Education shall report to 14,942
the General Assembly and the Governor each fiscal year on the 14,943
progress that has been made in implementing these programs, 14,944
including an evaluation of the effectiveness of the programs. 14,945
Twenty per cent of the foregoing appropriation item 14,947
200-551, Reading Improvement, shall be used for the continuation 14,948
of a phonics demonstration project as described in Sub. H.B. 81 14,949
of the 121st General Assembly. The Department of Education may 14,951
make a portion of the funds for the demonstration project 14,952
available to additional school districts that want to participate 14,953
in the program that did not receive funding under the original 14,954
project authorized in Sub. H.B. 81 of the 121st General Assembly. 14,955
County MR/DD Boards-Vehicle Purchases 14,957
The foregoing appropriation item 200-552, County MR/DD 14,959
Boards-Vehicle Purchases, shall be used to provide financial 14,960
assistance to MR/DD boards for the purchase of vehicles as 14,961
permitted in section 3317.07 of the Revised Code. 14,962
The foregoing appropriation item 200-553, County MR/DD 14,964
Boards-Transportation Operating, shall be used to provide 14,965
financial assistance for transportation operating costs as 14,966
333
provided in section 3317.024 of the Revised Code. 14,967
Emergency Loan Interest Subsidy 14,969
The foregoing appropriation item 200-558, Emergency Loan 14,971
Interest Subsidy, shall be used to provide a subsidy to school 14,973
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 14,974
these districts the difference between the amount of interest the 14,976
district is paying on an emergency loan, and the interest that 14,977
the district would have paid if the interest rate on the loan had 14,978
been two per cent.
Auxiliary Services Mobile Repair 14,980
Notwithstanding section 3317.064 of the Revised Code, if 14,982
the unobligated cash balance is sufficient then the Treasurer of 14,983
State shall transfer $1,500,000 in fiscal year 1998 within thirty 14,984
days of the effective date of this section and $1,500,000 in 14,985
fiscal year 1999 by August 1, 1998, from the Auxiliary Services 14,986
Personnel Unemployment Compensation Fund to the Department of 14,987
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 14,988
Sec. 50.24. Lottery Profits 14,993
(A) There is hereby created the Lottery Profits Education 14,995
Reserve Fund (Fund 018) in the State Treasury. At no time shall 14,996
the amount to the credit of the fund exceed $50,000,000. 14,998
Investment earnings of the Lottery Profits Education Reserve Fund 14,999
shall be credited to the fund. Notwithstanding any provisions of 15,000
law to the contrary, for fiscal years 1998 and 1999, there is 15,002
hereby appropriated to the Department of Education, from the 15,003
Lottery Profits Education Reserve Fund, an amount necessary to 15,004
make loans authorized by sections 3317.0210, 3317.0211, and 15,005
3317.62 of the Revised Code. All loan repayments from loans made 15,006
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, or 1998 shall 15,007
be deposited into the credit of the Lottery Profits Education 15,009
Reserve Fund.
(B) On or before July 15, 1998, the Director of Budget and 15,011
Management shall determine the amount by which lottery profit 15,012
334
transfers received by the Lottery Profits Education Fund for 15,013
fiscal year 1998 exceed $679,417,200. The amount so determined 15,014
shall be distributed in fiscal year 1999 pursuant to divisions 15,015
(C)(E) and (D)(F) of this section. 15,016
The Director of Budget and Management shall annually 15,018
certify the amounts determined pursuant to this section to the 15,019
Speaker of the House of Representatives and the President of the 15,020
Senate. 15,021
(C) NOT LATER THAN JANUARY 16, 1998, THE DEPARTMENT OF 15,025
EDUCATION, IN CONSULTATION WITH THE DIRECTOR OF BUDGET AND 15,027
MANAGEMENT, SHALL DETERMINE, BASED UPON ESTIMATES, IF A
REALLOCATION OF FUNDS AS DESCRIBED IN THE SECTION TITLED 15,029
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 15,030
ASSEMBLY IS REQUIRED. 15,031
IF A REALLOCATION OF FUNDS IS REQUIRED, THEN THE 15,034
SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL REQUEST CONTROLLING 15,036
BOARD APPROVAL FOR A RELEASE OF ANY BALANCES IN THE LOTTERY 15,037
PROFITS EDUCATION FUND AVAILABLE FOR THE PURPOSE OF THIS DIVISION 15,038
AND PURSUANT TO DIVISIONS (C)(1) AND (2) OF THE SECTION TITLED 15,040
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215. ANY MONEYS SO 15,042
RELEASED ARE HEREBY APPROPRIATED. 15,043
(D) IN FISCAL YEAR 1998, IF THE DEPARTMENT OF EDUCATION 15,046
DOES NOT DETERMINE THAT A REALLOCATION OF FUNDS IS NECESSARY BY 15,048
JANUARY 16, AS PROVIDED IN DIVISION (C) OF THIS SECTION, OR IF 15,049
THERE IS A BALANCE IN THE LOTTERY PROFITS EDUCATION FUND AFTER 15,051
THE RELEASE OF ANY AMOUNT NEEDED TO PRECLUDE A REALLOCATION OF 15,052
FUNDS AS PROVIDED IN DIVISION (C) OF THIS SECTION, THE MONEYS IN 15,053
THE LOTTERY PROFITS EDUCATION FUND SHALL BE ALLOCATED AS PROVIDED 15,055
IN THIS DIVISION. ANY AMOUNTS SO ALLOCATED ARE HEREBY 15,056
APPROPRIATED. 15,057
(1) AN AMOUNT EQUAL TO FIVE PER CENT OF THE ESTIMATED 15,059
LOTTERY PROFITS OF $661,200,000 IN FISCAL YEAR 1997 OR THE AMOUNT 15,060
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,061
TRANSFERRED TO THE LOTTERY PROFITS EDUCATION RESERVE FUND WITHIN 15,063
335
THE LIMITATIONS SPECIFIED IN DIVISION (A) OF THIS SECTION AND BE 15,064
RESERVED AND SHALL NOT BE AVAILABLE FOR ALLOCATION OR 15,065
DISTRIBUTION DURING FISCAL YEAR 1998. ANY AMOUNTS EXCEEDING 15,066
$50,000,000 SHALL BE DISTRIBUTED PURSUANT TO DIVISIONS (D)(2), 15,067
(3), AND (4) OF THIS SECTION. 15,068
(2) AFTER RESERVING THE REQUIRED AMOUNT UNDER DIVISION 15,071
(D)(1) OF THIS SECTION, AN AMOUNT EQUAL TO $25,000,000 OR THE
UNRESERVED AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER 15,072
AMOUNT, SHALL BE TRANSFERRED TO THE PUBLIC SCHOOL BUILDING FUND 15,075
(FUND 021) TO BE ALLOCATED AND DISTRIBUTED IN ACCORDANCE WITH 15,076
CHAPTER 3318. OF THE REVISED CODE. THE SCHOOL FACILITIES 15,077
COMMISSION SHALL SUBMIT ANNUALLY A REPORT TO THE GOVERNOR AND 15,078
GENERAL ASSEMBLY ON THE USE OF THESE FUNDS. THE REPORT SHALL 15,079
INCLUDE FOR EACH PROJECT, A DESCRIPTION OF THE NEED FOR THE 15,080
PROJECT, THE TOTAL COST, THE STATE AND LOCAL SHARE OF THE COST, 15,081
AND THE PROJECT REPAYMENT SCHEDULE. 15,082
(3) AFTER THE ALLOCATION UNDER DIVISION (D)(2) OF THIS 15,084
SECTION, AN AMOUNT EQUAL TO $20,000,000 OR THE UNRESERVED AMOUNT 15,085
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,086
ALLOCATED TO THE SCHOOL FACILITIES COMMISSION TO ASSIST SCHOOL 15,088
DISTRICTS IN COMPLYING WITH FEDERAL REGULATIONS ON ASBESTOS 15,089
ABATEMENT AND REMOVAL AND TO ASSIST SCHOOL DISTRICTS IN MAKING 15,090
SCHOOL BUILDINGS ACCESSIBLE TO THE HANDICAPPED. 15,091
(4) AFTER THE ALLOCATION UNDER DIVISION (D)(3) OF THIS 15,093
SECTION, THE UNRESERVED AMOUNT REMAINING IN THE FUND SHALL BE 15,094
DISTRIBUTED PURSUANT TO DIVISION (G) OF THIS SECTION. 15,095
(E) Not later than January 16, 1999, the Department of 15,097
Education, in consultation with the Director of Budget and 15,098
Management, shall determine, based upon estimates, if a 15,099
reallocation of funds as described in the section titled 15,100
"Reallocation of Funds" of Am. Sub. H.B. 215 of the 122nd General 15,101
Assembly is required. 15,102
If a reallocation of funds is required, then the 15,104
Superintendent of Public Instruction shall request Controlling 15,105
336
Board approval for a release of any balances in the Lottery 15,106
Profits Education Fund available for the purpose of this division 15,107
and pursuant to divisions (C)(1) and (2) of the section titled 15,108
"Reallocation of Funds" of AM. SUB. H.B. 215. Any moneys so 15,110
released are hereby appropriated.
(D)(F) In fiscal year 1999, if the Department of Education 15,112
does not determine that a reallocation of funds is necessary by 15,113
January 16, as provided in division (C)(E) of this section, or if 15,115
there is a balance in the Lottery Profits Education Fund after
the release of any amount needed to preclude a reallocation of 15,116
funds as provided in division (C)(E) of this section, the moneys 15,118
in the Lottery Profits Education Fund shall be allocated as
provided in this division. Any amounts so allocated are hereby 15,119
appropriated.
(1) An amount equal to five per cent of the estimated 15,121
lottery profits transfers of $679,417,200 in fiscal year 1998 or 15,122
the amount remaining in the fund, whichever is the lesser amount, 15,123
shall be transferred to the Lottery Profits Education Reserve 15,124
Fund within the limitations specified in division (A) of this 15,125
section and be reserved and shall not be available for allocation 15,126
or distribution during fiscal year 1999. Any amounts exceeding 15,127
$50,000,000 shall be distributed pursuant to divisions (D)(F)(2), 15,129
(3), and (4) of this section.
(2) After reserving the required amount under division 15,132
(D)(F)(1) of this section, an amount equal to $25,000,000 or the 15,133
unreserved amount remaining in the fund, whichever is the lesser 15,134
amount, shall be transferred to the School Building Fund (Fund 15,135
021) to be allocated and distributed in accordance with Chapter 15,136
3318. of the Revised Code. The School Facilities Commission 15,138
shall submit annually a report to the Governor and General 15,139
Assembly on the use of these funds. The report shall include for 15,140
each project, a description of the need for the project, the 15,141
total cost, the state and local share of the cost, and the 15,142
project repayment schedule. 15,143
337
(3) After the allocation under division (D)(F)(2) of this 15,145
section, an amount equal to $20,000,000 or the unreserved amount 15,146
remaining in the fund, whichever is the lesser amount, shall be 15,147
allocated to the School Facilities Commission to assist school 15,149
districts in complying with federal regulations on asbestos 15,150
abatement and removal and to assist school districts in making 15,151
school buildings accessible to the handicapped. 15,152
(4) After the allocation under division (D)(F)(3) of this 15,154
section, the amount remaining in the fund shall be distributed 15,155
pursuant to division (E)(G) of this section. 15,156
(E)(G) In the appropriate fiscal year, any remaining 15,158
amounts after the operations required by division (C)(D) or 15,160
(D)(F) of this section, respectively, shall be available for 15,161
distribution in accordance with this division. 15,162
(1) As used in this division: 15,164
(a) "State basic aid" means the amount computed for a 15,167
district under sections 3317.022, 3317.023, and 3317.025 to
3317.028 of the Revised Code, plus any amount computed for the 15,169
district under section 3317.0212 of the Revised Code Basic Aid 15,170
Guarantee" of this act or any amount computed under section 15,171
3317.16 of the Revised Code.
(b) "ADM" means: 15,173
(i) In the case of a city, local, or exempted village 15,175
school district, the district's formula ADM as defined in section 15,177
3317.02 of the Revised Code, minus the portion of ADM computed 15,178
under division (A)(3) of section 3317.03 of the Revised Code for 15,179
students that are enrolled in a joint vocational school district;
(ii) In the case of a joint vocational school district, 15,181
the sum of the number of pupils enrolled in that joint vocational 15,182
school district. 15,183
(2) Ninety-seven and forty-three one-hundredths per cent 15,185
of the amount made available for distribution under this division 15,186
in each fiscal year shall be distributed to city, local, joint 15,187
vocational, and exempted village school districts eligible to 15,189
338
receive funds pursuant to Chapter 3317. of the Revised Code in 15,190
proportion to the percentage that the ADM of each such district 15,191
is of the ADM of all such districts and shall be for the use of 15,193
the public schools of the district. Two and fifty-seven 15,194
one-hundredths per cent of such amount made available for 15,195
distribution under this division in each fiscal year shall be 15,196
distributed to nonpublic schools for the purposes of section 15,197
3317.063 of the Revised Code. Not later than the first day of 15,198
March of each fiscal year, the Department of Education shall 15,199
compute each school district's share for that year of the amount 15,201
to be distributed under this division and shall, subject to 15,202
Controlling Board approval, distribute the shares so determined. 15,203
Amounts distributed to school districts pursuant to this 15,206
division shall be used solely to purchase textbooks and 15,207
equipment. If funds have been appropriated by a board for any 15,208
purposes permitted under this section, the amounts distributed to 15,209
the district or educational service center under this division
shall be used for additional expenditures for such purposes and 15,211
shall not be substituted for funds previously appropriated by the 15,212
board.
(3) Districts and nonpublic schools shall report to the 15,215
Department of Education no later than the last day of May of each 15,216
fiscal year on the usage of funds received under this division. 15,217
The Department of Education shall compile district data and 15,218
report on the usage of all funds distributed under this division 15,220
to the Controlling Board by the last day of June of each fiscal 15,221
year. If the department determines that a district used funds 15,222
distributed pursuant to this division for purposes not permitted, 15,223
it shall reduce the district's state basic aid payments for the 15,224
ensuing fiscal year by the amount improperly used. 15,225
It is the intent of the General Assembly that moneys 15,227
distributed pursuant to this section shall not be included in any 15,228
spending base calculations when appropriations for the 1999-2000 15,229
biennium are being considered. 15,230
339
Sec. 50.44. (A) There is hereby created the Teacher 15,233
Professional Development Task Force. The purpose of the task 15,234
force shall be to develop a comprehensive structure for the
delivery of continuing professional development for teachers 15,235
employed in the state's primary, secondary, vocational, and 15,236
special educational system. On or before August 1, 1998 JANUARY 15,238
1, 1999, the task force shall issue to the President of the 15,239
Senate, the Speaker of the House of Representatives, and the 15,240
State Superintendent of Public Instruction a report outlining a 15,241
comprehensive structure for the delivery of continuing 15,242
professional development to such school teachers. On the date of 15,244
the issuance of its report, the task force is abolished.
(B) The task force shall be composed of six legislators, 15,247
three appointed by the President of the Senate and three by the 15,248
Speaker of the House of Representatives. No more than two of the 15,249
appointed members from each house shall be members of the same 15,250
political party. From among these six appointed members, the 15,251
President of the Senate and the Speaker of the House of 15,252
Representatives jointly shall appoint a chair of the Task Force. 15,253
Ex-officio nonvoting members of the task force shall include the 15,254
State Superintendent of Public Instruction, or the 15,255
Superintendent's designee; the Director of Budget and Management, 15,256
or the Director's designee; a member appointed by the head 15,257
official of the Ohio State School Boards Association; a member 15,258
appointed by the head official of the Ohio Association of 15,259
Educational Service Center Superintendents; a member appointed by 15,260
the head official of the Ohio Education Association; a member 15,261
appointed by the head official of the Ohio Federation of 15,262
Teachers; a member appointed by the head official of the Buckeye 15,263
Association of School Administrators; and two members of the 15,264
institutions of higher education that have teacher education 15,265
colleges, one member of which shall be from such a public 15,266
institution appointed by the Chancellor of the Board of Regents 15,267
and the other shall be from such a private institution appointed 15,268
340
by the head official of the Association of Independent Colleges 15,269
and Universities of Ohio. The voting members of the task force 15,270
may appoint, by a majority vote, additional ex-officio nonvoting 15,271
members to serve on the task force. The Legislative Service 15,272
Commission and the Legislative Budget Office shall provide staff 15,273
and services to the task force. 15,274
Sec. 50.52.5. Each contract entered into between a sponsor 15,276
and the governing authority of a community school shall specify 15,277
the following: 15,278
(A) That the school shall be established as a nonprofit 15,280
corporation established under Chapter 1702. of the Revised Code; 15,282
(B) The education program of the school, including the 15,284
school's mission, the characteristics of the students the school 15,285
is expected to attract, the ages and grades of students, and the 15,286
focus of the curriculum; 15,287
(C) Performance standards and assessments by which the 15,289
success of the school will be evaluated by the sponsor, which 15,290
shall include the statewide proficiency tests; 15,291
(D) The admission standards of Subsection 8 of this 15,293
section; 15,294
(E) Dismissal procedures; 15,296
(F) The ways by which the school will achieve racial and 15,298
ethnic balance reflective of the community it serves; 15,299
(G) Requirements and procedures for program and financial 15,302
audits, including audits by the Auditor of State and the 15,303
Department of Education. The contract shall require financial 15,305
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 15,306
Auditor of State, AND THE AUDITS SHALL BE CONDUCTED IN ACCORDANCE 15,307
WITH SECTION 117.10 OF THE REVISED CODE. 15,308
(H) Facilities to be used, their location, and their 15,310
method of acquisition;
(I) Qualifications of teachers, including a requirement 15,312
that the school's classroom teachers be certificated in 15,313
341
accordance with sections 3319.22 to 3319.31 of the Revised Code, 15,314
except that a community school may engage noncertificated persons 15,316
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 15,317
(J) That the school will comply with the following 15,319
requirements: 15,320
(1) The school will provide learning opportunities to a 15,322
minimum of twenty-five students for a minimum of nine hundred 15,324
twenty hours per school year;
(2) The governing authority will purchase liability 15,327
insurance, or otherwise provide for the potential liability of 15,328
the school;
(3) The school will be nonsectarian in its programs, 15,331
admission policies, employment practices, and all other 15,332
operations, and will not be operated by a sectarian school or 15,333
religious institution;
(4) The school will comply with sections 9.90, 9.91, 15,335
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 15,337
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 15,338
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 15,339
3313.71, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 15,340
4111.17, and 4113.52 and Chapters 102., 117., 1347., 2744., 15,342
4112., 4123., 4141., and 4167. of the Revised Code as if it were 15,344
a school district; 15,345
(5) The school will comply with sections 3313.61 and 15,347
3313.611 of the Revised Code, except that the requirement in 15,350
those sections that a person must successfully complete the 15,351
curriculum in any high school prior to receiving a high school 15,352
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 15,354
curriculum specified in Title XXXIII of the Revised Code or any 15,355
rules of the state board of education;
(6) The school governing authority will submit an annual 15,357
report of its activities and progress in meeting the goals and 15,358
342
standards of division (C) of this subsection and its financial 15,359
status to the sponsor and to, the parents of all students 15,360
enrolled in the school, AND THE LEGISLATIVE OFFICE OF EDUCATION 15,361
OVERSIGHT. The financial statement shall be in such form as 15,362
shall be prescribed by the Auditor of State. 15,363
(K) Arrangements for providing health and other benefits 15,365
to employees; 15,366
(L) The length of the contract, which shall not exceed 15,368
five years nor extend beyond June 30, 2003; 15,369
(M) The governing authority of the school, which shall be 15,371
responsible for carrying out the provisions of the contract, and 15,372
a description of the process by which the governing authority 15,373
will be selected in the future; 15,374
(N) A financial plan detailing an estimated school budget 15,376
for each year of the period of the contract and specifying the 15,377
total estimated per pupil expenditure amount for each such year. 15,378
The plan shall specify for each year the base formula amount that 15,380
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 15,381
year shall not exceed the formula amount defined under division 15,383
(B) of section 3317.02 of the Revised Code. 15,384
(O)(1) Requirements and procedures regarding the 15,386
disposition of employees, equipment, materials, supplies, and 15,387
facilities of the school in the event the contract is terminated 15,388
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 15,391
must close prior to June 30, 2003, the school will be kept open 15,392
for students to attend until the end of the school year in which 15,393
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 15,395
disputes or differences of opinion between the sponsor and the 15,396
governing authority of the community school. 15,397
(P) Whether or not the school is to be created by 15,399
converting all or part of an existing public school and, if it 15,400
343
is, specification of any duties or responsibilities of an 15,401
employer that the board of education that operated the school 15,402
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 15,403
employees provided the delegation is not prohibited by a 15,405
collective bargaining agreement applicable to such employees. 15,406
(Q) Any additional details concerning the management and 15,408
administration of the school; 15,409
(R) If the proposed community school is a currently 15,411
existing public school, alternative arrangements, approved by the 15,413
board of education of the school district in which the school is
located, for current public school students who choose not to 15,415
attend the school and teachers who choose not to teach in the 15,416
school after conversion;
(S) THAT THE SCHOOL SHALL BE THE CUSTODIAN OF ALL MONEY 15,418
RECEIVED DURING THE FIRST FULL FISCAL YEAR OF ITS OPERATION AND 15,419
DURING SUBSEQUENT YEARS UNLESS ANOTHER CUSTODIAN IS DESIGNATED IN 15,420
THE CONTRACT TO RECEIVE AND MAINTAIN THE FIRST-YEAR REVENUE. 15,421
Sec. 50.52.10. (A) As used in this subsection: 15,425
(1) "Base formula amount" means the amount specified as 15,428
such in a community school's financial plan for a school year 15,429
pursuant to Subsection 5 of this section.
(2) "Cost-of-doing-business factor" has the same meaning 15,431
as in section 3317.02 of the Revised Code. 15,433
(3) "IEP" means an individualized education program 15,436
defined by division (E) of section 3323.01 of the Revised Code. 15,437
(4) "Actual AVERAGE COUNTY cost" means the actual cost, 15,440
AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing 15,441
special education and related services to a special education 15,442
student pursuant to an IEP in the school district where that 15,443
student is entitled to attend school pursuant to sections 3313.64
and 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, 15,444
as calculated in a manner acceptable to the Superintendent of 15,446
Public Instruction.
344
(5) "Basic aid" means the amount computed for a district 15,448
under divisions (A) and (C) of section 3317.022 of the Revised 15,451
Code.
(6) "Guarantee funds" means any payments received by a 15,453
school district pursuant to section 3317.0212 of the Revised 15,454
Code.
(7) "Per pupil state funds" for a district means the 15,456
figure obtained when the sum of the district's total annual basic 15,457
aid payments plus guarantee funds is divided by the district's 15,458
formula ADM as certified in section 3317.03 of the Revised Code. 15,462
(8) "Entitled to attend school in the district" means a 15,464
student is entitled to attend school in a district pursuant to 15,465
the provisions of section 3313.64 or 3313.65 of the Revised Code. 15,466
(B) The state board of education shall adopt rules 15,468
requiring both of the following: 15,469
(1) The board of education of each city, exempted village, 15,471
and local school district in the Lucas County area to annually 15,472
report the number of students entitled to attend school in the 15,473
district pursuant to section 3313.64 or 3313.65 of the Revised 15,475
Code IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 15,476
KINDERGARTEN STUDENTS, who are enrolled in a community school 15,477
established under this chapter SECTION and for each child, both 15,478
of the following: 15,479
(a) The community school in which the child is enrolled. 15,482
In addition, for each such child receiving special education and 15,483
related services in a community school pursuant to an IEP the 15,484
board shall report the actual AVERAGE COUNTY cost for such child. 15,486
(b) If the district receives disadvantaged pupil impact 15,488
aid for the child pursuant to DIVISION (B) OR DIVISIONS (C) AND 15,490
(E) OF section 3317.029 of the Revised Code, the amount received 15,492
for such child. 15,493
(2) The governing authority of each community school 15,495
established under this section to annually report the number of 15,496
students IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 15,497
345
KINDERGARTEN STUDENTS, enrolled in kindergarten through grade 15,498
twelve in the school who are not receiving special education and 15,500
related services pursuant to an IEP, the number of enrolled 15,503
students in kindergarten through grade GRADES ONE THROUGH twelve 15,504
AND ONE-HALF OF THE KINDERGARTEN STUDENTS who are receiving 15,505
special education and related services pursuant to an IEP, the 15,506
number of enrolled preschool students counted in a unit approved 15,508
by the State Board of Education under section 3317.05 of the 15,510
Revised Code, the community school's base formula amount, and for 15,512
each student, the city, exempted village, or local school 15,513
district the student is entitled to attend under section 3313.64 15,514
or 3313.65 of the Revised Code. 15,515
(C) From the payments made to a city, exempted village, or 15,517
local school district under Chapter 3317. and, if necessary, 15,519
sections 321.14 and 323.156 of the Revised Code, the Department 15,520
of Education shall annually subtract all of the following: 15,521
(1) An amount equal to the sum of the amounts obtained 15,523
when, for each community school where the district's students are 15,524
enrolled, the number of the district's students reported under 15,526
division (B)(2) of this subsection IN GRADES ONE THROUGH TWELVE, 15,527
AND ONE-HALF OF THE KINDERGARTEN STUDENTS, who are enrolled in 15,528
kindergarten through grade twelve in that community school and 15,529
are not receiving special education and related services pursuant 15,530
to an IEP is multiplied by the base formula amount of that 15,531
community school as adjusted by the school district's 15,532
cost-of-doing-business factor.
(2) The sum of the actual AVERAGE COUNTY costs for all 15,534
district students reported under division (B)(2) of this 15,536
subsection who are to be receiving special education and related 15,537
services pursuant to an IEP in their respective community 15,538
schools, less the sum of the prorated share for each such 15,539
preschool handicapped student of any amounts received from state 15,541
funded units or from any federal funds to provide special 15,542
education and related services to students in kindergarten 15,543
346
through grade twelve in the respective community schools. This 15,544
prorated share of state unit funding or federal funds received 15,545
for each such student shall be determined on the basis of all 15,547
such funds received by a community school for students receiving 15,548
similar services, as calculated in a manner acceptable to the
Superintendent of Public Instruction. 15,549
(3) An amount equal to the sum of the amounts obtained 15,551
when, for each community school where the district's students are 15,552
enrolled, the number of the district's students enrolled in that 15,553
community school and residing in the district in a family 15,554
participating in Ohio works first under Chapter 5107. of the 15,556
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 15,558
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 15,559
3317.029 of the Revised Code.
(D) The Department shall annually pay to a community 15,562
school, or to the Lucas County Educational Service Center on 15,563
behalf of a start-up school for which the Service Center's
Treasurer is the chief financial officer and ANY custodian of its 15,564
funds DESIGNATED pursuant to subsection 12 5 of this section, all 15,566
of the following:
(1) An amount equal to the sum of the amounts obtained 15,569
when, for each school district where the community school's 15,570
students are entitled to attend school under section 3313.64 or
3313.65 of the Revised Code, the number of students enrolled in 15,571
kindergarten GRADES ONE through grade twelve PLUS ONE-HALF OF THE 15,573
KINDERGARTEN STUDENTS in the school as reported under division 15,574
(B)(2) of this subsection who are not receiving special education 15,575
and related services pursuant to an IEP is multiplied by the 15,576
community school's base formula amount, as adjusted by that 15,577
school district's cost-of-doing-business factor;
(2) For each student enrolled in the school receiving 15,580
special education and related services pursuant to an IEP, an 15,581
amount equal to the actual AVERAGE COUNTY cost for such student, 15,582
347
less a prorated share for a preschool handicapped student of any 15,583
amount received from state funded units or for any student, a 15,584
prorated share of any federal funds to provide special education 15,586
and related services to students in the community school. This 15,587
prorated share shall be determined as described under division 15,588
(C)(2) of this subsection.
(3) An amount equal to the sum of the amounts obtained 15,590
when, for each school district where the community school's 15,591
students are entitled to attend school under section 3313.64 or 15,592
3313.65 of the Revised Code, the number of that district's 15,593
students enrolled in the community school and participating in 15,594
Ohio works first is multiplied by the per pupil amount of 15,595
disadvantaged pupil impact aid that school district receives that 15,597
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 15,598
3317.029 of the Revised Code.
(E) For purposes of counting students in average daily 15,600
membership under section 3317.03 of the Revised Code, prior to 15,602
the first day of classes each year in any community school 15,603
established under this section, the parent, guardian, or 15,604
custodian of each student who is enrolled or intends to enroll 15,605
that year in the community school shall register the student's 15,606
name and address with the superintendent of the school district 15,607
in which the student is entitled to attend school. The
superintendent shall include all such students in the district's 15,608
average daily membership as if the students were enrolled during 15,609
the first full week of October in that school year. 15,610
(F) During the first year of operation of a community 15,612
school under this section, in addition to all other payments made 15,613
to any school district in which a student enrolled in the 15,614
community school is entitled to attend school pursuant to Chapter 15,616
3317. of the Revised Code, the Department of Education shall pay 15,617
such school district for each student enrolled in the community 15,619
school who is otherwise entitled to attend school in the district 15,620
an amount equal to 50 per cent of the district's per pupil state 15,621
348
funds.
(G) A community school may apply to the Department of 15,623
Education for preschool handicapped or gifted unit funding the 15,625
school would receive if it were a school district. Upon request 15,627
of its governing authority, a community school that received unit 15,628
funding as a school district-operated school before it was 15,629
converted to a community school shall retain any units awarded to 15,630
it as a school district-operated school, provided the school 15,631
continues to meet eligibility standards for the unit. 15,632
A community school shall be considered a school district 15,634
and its governing authority shall be considered a board of 15,635
education for the purpose of applying to any state or federal 15,636
agency for grants that a school district may receive under 15,637
federal or state law or any appropriations act of the General 15,638
Assembly. The governing authority of a community school may 15,639
apply to any private entity for additional funds. 15,640
(H) A board of education sponsoring a community school may 15,642
utilize local funds to make enhancement grants to the school or 15,643
may agree, either as part of the contract or separately, to 15,644
provide any specific services to the community school at no cost 15,645
to the school.
(I) A community school may not levy taxes or issue bonds 15,647
secured by tax revenues. 15,649
(J) No community school shall charge tuition for the 15,651
enrollment of any student. 15,653
(K) A community school may borrow money to pay any 15,655
necessary and actual expenses of the school in anticipation of 15,657
the receipt of any portion of the payments to be received by the 15,658
school pursuant to division (D) of this subsection. The school 15,659
may issue notes to evidence such borrowing to mature no later 15,660
than the end of the fiscal year in which such money was borrowed. 15,661
The proceeds of the notes shall be used only for the purposes for 15,663
which the anticipated receipts may be lawfully expended by the 15,664
school.
349
(L) For purposes of determining the number of students for 15,666
which division (D)(3) of this subsection applies in any school 15,668
year, a community school may submit to the state Department of 15,670
Human Services, no later than the first day of March, a list of 15,671
the students enrolled in the school. For each student on the 15,672
list, the community school shall indicate the student's name, 15,673
address, and date of birth and the school district where the
student is entitled to attend school under section 3313.64 or 15,674
3313.65 of the Revised Code. Upon receipt of a list under this 15,675
division, the Department of Human Services shall determine, for 15,676
each school district where one or more students on the list are 15,677
entitled to attend school under section 3313.64 or 3313.65 of the 15,678
Revised Code, the number of students residing in that school
district who were included in the Department's report required by 15,680
section 3317.10 of the Revised Code. The Department shall make 15,681
this determination on the basis of information readily available 15,682
to it. Upon making this determination and no later than ninety 15,683
days after submission of the list by the community school, the 15,684
Department shall report to the state Department of Education the
number of students on the list who reside in each school district 15,685
who were included in the Department's report made pursuant to 15,686
section 3317.10 of the Revised Code. In complying with this 15,688
division, the Department of Human Services shall not report to 15,689
the state Department of Education any personally identifiable 15,690
information on any student."
Section 8. That existing Sections 50, 50.07, 50.08, 50.09, 15,692
50.10, 50.12, 50.13, 50.14, 50.24, 50.44, 50.52.5, and 50.52.10 15,693
of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by 15,694
Am. Sub. H.B. 650 of the 122nd General Assembly, are hereby 15,695
repealed.
Section 9. That Sections 18 and 19 of Am. Sub. H.B. 650 of 15,697
the 122nd General Assembly be amended to read as follows: 15,699
"Sec. 18. (A) As used in this section: 15,701
(1) "FY 1998 state aid" means the total amount of state 15,703
350
money received by a school district under sections 3317.022, 15,704
3317.023, and 3317.025 to 3317.028 of the Revised Code, prior to 15,705
any deductions or credits required by division (G), (I), (J), or 15,706
(K) of section 3317.023, plus any amounts for which the district 15,707
was eligible pursuant to divisions (K), (M), (N), and (O) of 15,709
section 3317.024 and sections 3317.0212 and 3317.0213 of the 15,710
Revised Code, as those divisions and sections existed in fiscal 15,711
year 1998 AS REPORTED ON THE DEPARTMENT OF EDUCATION'S FORM 15,713
"SF-12," ADJUSTED AS FOLLOWS: 15,714
(a) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 15,717
UNITS;
(b) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 15,720
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 15,721
REVISED CODE;
(c) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 15,723
EDUCATIONAL SERVICE CENTER; 15,724
(d) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 15,726
DISTRIBUTED IN FISCAL YEAR 1998 TO OTHER SCHOOL DISTRICTS OR 15,727
EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, OTHER THAN 15,728
PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO 15,729
THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS 15,730
ENTITLED TO ATTEND SCHOOL IN THE DISTRICT; 15,731
(e) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 15,733
DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1998 FOR 15,734
APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR GIFTED 15,735
EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES 15,736
IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER 15,737
SCHOOL DISTRICT; 15,738
(f) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 15,741
VOCATIONAL EDUCATION RECOMPUTATION REQUIRED BY FORMER SECTION 15,742
50.22 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY; 15,744
(g) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 15,747
SPECIAL EDUCATION RECOMPUTATION REQUIRED BY FORMER DIVISION (I) 15,748
OF SECTION 3317.023 OF THE REVISED CODE; 15,749
351
(h) PLUS ANY AMOUNT PAID FOR EQUITY AID UNDER SECTION 15,752
3317.0213 OF THE REVISED CODE. 15,753
(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 15,756
state aid," and "FY 2002 state aid" mean the total amount of 15,757
state money a school district is eligible to receive for the 15,758
applicable fiscal year under sections DIVISIONS (A), (C)(1), AND 15,760
(D) OF SECTION 3317.022, 3317.023, AND SECTIONS 3317.025 to 15,762
3317.028, 3317.029, 3317.0212, and 3317.0213 of the Revised Code, 15,764
plus any amount for which the district is eligible pursuant to 15,765
division (Q)(C) OF SECTION 3317.023, DIVISIONS (G) AND (P) of 15,766
section 1317.024, AND DIVISION (B) OF SECTION 3317.162 of the 15,768
Revised Code, and prior to any deductions or credits required by 15,770
division (B), (D), (E), (F), (G), (H), or (I), (J), OR (K) of 15,772
section 3317.023 OR DIVISION (J) OF SECTION 3317.029 of the 15,774
Revised Code, as those sections are enacted and amended by this 15,775
act.
(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 15,778
actual aid," and "FY 2002 actual aid" means the amount of the 15,779
state aid described in division (A)(2) of this section that was 15,780
actually paid to a school district in the applicable fiscal year 15,781
after the application of divisions (B) to (E) of this section. 15,782
(4) "FY 1998 ADM" has the meaning prescribed in section 15,784
3317.0212 of the Revised Code. 15,785
(5) "Formula amount" has the meaning," "FORMULA ADM," AND 15,788
"THREE-YEAR AVERAGE FORMULA ADM" HAVE THE MEANINGS prescribed in 15,789
section 3317.02 of the Revised Code. 15,790
(5) "ALL-DAY KINDERGARTEN" HAS THE MEANING PRESCRIBED IN 15,792
SECTION 3317.029 OF THE REVISED CODE. 15,793
(B) In fiscal year 1999, notwithstanding any provision of 15,796
law to the contrary, no school district shall receive FY 1999
state aid that is equal to more than THE GREATER OF THE 15,797
FOLLOWING:
(1) 110 per cent of FY 1998 state aid. If; 15,799
(2) [1.06 X (FY 1998 STATE AID/FY 1998 ADM< X THE GREATER 15,802
352
OF FISCAL YEAR 1999 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA 15,803
ADM.
IF a district's projected FY 1999 state aid is more than 15,805
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 15,807
(B)(1) OR (2) OF THIS SECTION, such district shall receive only 15,808
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 15,809
(B)(1) OR (2) OF THIS SECTION in fiscal year 1999. 15,810
(C) In fiscal year 2000, notwithstanding any provision of 15,813
law to the contrary, no school district shall receive FY 2000
state aid that is equal to more than THE GREATER OF THE 15,814
FOLLOWING:
(1) 110 per cent of FY 1999 actual aid. If; 15,817
(2) [1.06 X (FY 1999 ACTUAL AID/FISCAL YEAR 1999 FORMULA 15,820
ADM< X THE GREATER OF FISCAL YEAR 2000 FORMULA ADM OR THREE-YEAR 15,821
AVERAGE FORMULA ADM.
IF a district's projected FY 2000 state aid is more than 15,823
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 15,826
(C)(1) OR (2) OF THIS SECTION, such district shall receive only 15,827
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 15,828
(C)(1) OR (2) OF THIS SECTION in fiscal year 2000. 15,829
(D) In fiscal year 2001, notwithstanding any provision of 15,832
law to the contrary, no school district shall receive FY 2001
state aid that is equal to more than THE GREATER OF THE 15,833
FOLLOWING:
(1) 110 per cent of FY 2000 actual aid. If; 15,836
(2) [1.06 X (FY 2000 ACTUAL AID/FISCAL YEAR 2000 FORMULA 15,839
ADM< X THE GREATER OF FISCAL YEAR 2001 FORMULA ADM OR THREE-YEAR 15,840
AVERAGE FORMULA ADM.
IF a district's projected FY 2001 state aid is more than 15,842
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 15,845
(D)(1) OR (2) OF THIS SECTION, such district shall receive only 15,846
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 15,848
(D)(1) OR (2) OF THIS SECTION in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 15,851
353
law to the contrary, no school district shall receive FY 2002
state aid that is equal to more than THE GREATER OF THE 15,852
FOLLOWING:
(1) 110 per cent of FY 2001 actual aid. If; 15,855
(2) [1.06 X (FY 2001 ACTUAL AID/FISCAL YEAR 2001 FORMULA 15,858
ADM< X THE GREATER OF FISCAL YEAR 2002 FORMULA ADM OR THREE-YEAR 15,859
AVERAGE FORMULA ADM.
IF a district's projected FY 2002 state aid is more than 15,861
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 15,864
(E)(1) OR (2) OF THIS SECTION, such district shall receive only 15,865
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 15,866
(E)(1) OR (2) OF THIS SECTION in fiscal year 2002. 15,867
(F) Notwithstanding any provision of law to the contrary: 15,869
(1) The amount by which a school district's FY 1999 actual 15,872
aid exceeds its FY 1998 state aid is hereby deemed to first 15,873
consist of the disadvantaged pupil impact aid (DPIA) calculated 15,875
under section 3317.029 of the Revised Code. In fiscal year 1999, 15,877
each district shall spend for the purposes set forth in section 15,878
3317.029 of the Revised Code at least the lesser of the amount 15,879
calculated under that section or the amount by which its FY 1999 15,880
actual aid exceeds its FY 1998 state aid. 15,882
(2) The amount by which a school district's FY 2000 actual 15,885
aid exceeds its FY 1999 actual aid is hereby deemed to first 15,887
consist of the DPIA calculated under section 3317.029 of the 15,888
Revised Code. In fiscal year 2000, each district shall spend for 15,889
the purposes set forth in section 3317.029 of the Revised Code at 15,890
least the lesser of the amount calculated under that section or 15,891
the amount by which its FY 2000 actual aid exceeds its FY 1999 15,893
actual aid. 15,894
(3) The amount by which a school district's FY 2001 actual 15,897
aid exceeds its FY 2000 actual aid is hereby deemed to first 15,899
consist of the DPIA calculated under section 3317.029 of the 15,900
Revised Code. In fiscal year 2001, each district shall spend for 15,901
the purposes set forth in section 3317.029 of the Revised Code at 15,902
354
least the lesser of the amount calculated under that section or 15,903
the amount by which its FY 2001 actual aid exceeds its FY 2000 15,905
actual aid. 15,906
(4) The amount by which a school district's FY 2002 actual 15,909
aid exceeds its FY 2001 actual aid is hereby deemed to first 15,911
consist of the DPIA calculated under section 3317.029 of the 15,912
Revised Code. In fiscal year 2002, each district shall spend for 15,913
the purposes set forth in section 3317.029 of the Revised Code at 15,914
least the lesser of the amount calculated under that section or 15,915
the amount by which its FY 2002 actual aid exceeds its FY 2001 15,917
actual aid. 15,918
(G)(1) In lieu of the limitation on the amount of aid a 15,920
district may receive in fiscal year 1999 provided in division (B) 15,921
of this section, the district may receive an amount calculated 15,923
under the following formula, if such amount is greater than the 15,924
amount provided in division (B) of this section:
1.06 times minus (the district's FY 1998 state aid/district's FY1998 ADM)} times the district's FY 1999 formula ADM 15,930
(2) In lieu of the limitation on the amount of aid a 15,932
district may receive in fiscal year 2000 provided in division (C) 15,934
of this section, the district may receive an amount calculated 15,935
under the following formula, if such amount is greater than the 15,936
amount provided in division (C) of this section:
1.06 times minus (the district's FY 1999 actual aid/district's FY1999 formula ADM)} times the district's FY 2000 formula ADM 15,942
(3) In lieu of the limitation on the amount of aid a 15,944
district may receive in fiscal year 2001 provided in division (D) 15,945
of this section, the district may receive an amount calculated 15,946
under the following formula, if such amount is greater than the 15,947
amount provided in division (D) of this section:
1.06 times minus (the district's FY 2000 actual aid/district's FY2000 formula ADM)} times the district's FY 2001 formula ADM 15,953
(4) In lieu of the limitation on the amount of aid a 15,955
district may receive in fiscal year 2002 provided in division (E) 15,956
355
of this section, the district may receive an amount calculated 15,957
under the following formula, if such amount is greater than the 15,958
amount provided in division (E) of this section:
1.06 times minus (the district's FY 2001 actual aid/district's FY2001 formula ADM)} times the district's FY 2002 formula ADM THIS 15,962
DIVISION AND DIVISION (G) OF THIS SECTION APPLY ONLY TO DISTRICTS 15,963
SUBJECT TO DIVISION (F) OF SECTION 3317.029 OF THE REVISED CODE.
AS USED IN THIS DIVISION AND DIVISIONS (G) AND (H) OF THIS 15,964
SECTION:
(1) "CAPPED DISTRICT" MEANS A DISTRICT THAT PURSUANT TO 15,966
DIVISION (B), (C), (D), OR (E) OF THIS SECTION WILL NOT RECEIVE 15,968
THE FULL AMOUNT OF FY 1999, FY 2000, FY 2001, OR FY 2002 STATE 15,969
AID.
(2) "DPIA FUNDS" MEANS: 15,971
(a) IN FY 1998, THE AMOUNT CALCULATED FOR THE DISTRICT 15,973
PURSUANT TO DIVISION (B) OF SECTION 3317.023 OF THE REVISED CODE 15,974
AS IT EXISTED IN THAT FISCAL YEAR; 15,975
(b) IN ANY FISCAL YEAR AFTER FY 1998, THE TOTAL AMOUNT 15,977
CALCULATED FOR THE DISTRICT FOR THAT FISCAL YEAR PURSUANT TO 15,978
SECTION 3317.029 OF THE REVISED CODE. 15,979
(3) "EXEMPT DPIA PORTION" MEANS: 15,981
(a) IN THE CASE OF ANY DISTRICT OTHER THAN A CAPPED 15,983
DISTRICT, AN AMOUNT EQUAL TO ZERO; 15,984
(b) IN THE CASE OF A CAPPED DISTRICT, THE AMOUNT RESULTING 15,986
FROM THE APPLICATION OF THE FOLLOWING FORMULA: 15,987
(THE DISTRICT'S DPIA FUNDS FOR THE YEAR 15,989
OF THE CALCULATION MINUS THE DISTRICT'S DPIA 15,990
FUNDS FOR FY 1998) MINUS 15,991
(THE DISTRICT'S ACTUAL AID FOR THE YEAR OF THE CALCULATION MINUS 15,992
THE DISTRICT'S FY 98 STATE AID) 15,993
HOWEVER, IF THIS FORMULA PRODUCES A NEGATIVE NUMBER, THE 15,995
DISTRICT'S EXEMPT DPIA PORTION IS ZERO. 15,996
(4) "REQUIRED ALL-DAY KINDERGARTEN" FOR A DISTRICT MEANS 15,998
THE PROVISION OF ALL-DAY KINDERGARTEN TO THE NUMBER OF STUDENTS 15,999
356
IN THE DISTRICT'S KINDERGARTEN PERCENTAGE SPECIFIED PURSUANT TO 16,000
DIVISION (H)(1) OF SECTION 3317.029 OF THE REVISED CODE. 16,001
(5) "BUILDINGS WITH THE HIGHEST CONCENTRATION OF NEED" AND 16,003
"DPIA INDEX" HAVE THE SAME MEANINGS AS IN SECTION 3317.029 OF THE 16,005
REVISED CODE. 16,006
(G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: 16,008
(1) IN THE CASE OF ANY DISTRICT, THE DISTRICT'S DPIA FUNDS 16,010
ARE HEREBY DEEMED TO FIRST CONSIST OF ANY DISADVANTAGED PUPIL 16,011
IMPACT AID CALCULATED FOR THE DISTRICT FOR ALL-DAY KINDERGARTEN 16,012
UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, AND 16,013
TO NEXT CONSIST OF ANY DISADVANTAGED PUPIL IMPACT AID CALCULATED 16,014
FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 16,015
OF THE REVISED CODE. EACH DISTRICT SHALL EXPEND WHATEVER FUNDS 16,016
NECESSARY TO ENSURE PROVISION OF ITS REQUIRED ALL-DAY
KINDERGARTEN. 16,017
(2) IN FY 1999, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,019
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,020
LEAST FIFTY PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING 16,021
THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR 16,022
THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF 16,023
THE REVISED CODE.
(3) IN FY 2000, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,025
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,026
LEAST SEVENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM 16,027
SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT 16,028
CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF 16,029
SECTION 3317.029 OF THE REVISED CODE.
(4) IN FY 2001 AND THEREAFTER, A DISTRICT SHALL EXPEND ONE 16,031
HUNDRED PER CENT OF ITS DPIA FUNDS FOR THE PURPOSES OF SECTION 16,032
3317.029 OF THE REVISED CODE. 16,033
(5) DISTRICTS SHALL COMPLY WITH THE REQUIREMENTS OF 16,035
DIVISION (G) OF SECTION 3317.029 OF THE REVISED CODE. 16,036
(H) THIS DIVISION APPLIES ONLY TO SCHOOL DISTRICTS WITH A 16,038
DPIA INDEX GREATER THAN FOUR. 16,040
357
IN ANY FISCAL YEAR, EXCLUDING ANY AMOUNTS EXPENDED TO 16,042
PROVIDE THE DISTRICT'S REQUIRED ALL-DAY KINDERGARTEN, THE AMOUNTS 16,043
THAT A DISTRICT IS REQUIRED TO EXPEND PURSUANT TO DIVISION 16,044
(G)(2), (3), (4), OR (5) OF THIS SECTION SHALL BE USED TO LOWER 16,045
THE RATIO OF INSTRUCTIONAL PERSONNEL TO STUDENTS TO ONE TO 16,046
FIFTEEN IN THE CASE OF THE DISTRICT'S REQUIRED ALL-DAY
KINDERGARTEN STUDENTS SERVED IN THE BUILDINGS WITH THE HIGHEST 16,048
CONCENTRATION OF NEED.
Sec. 19. There is hereby established a pupil 16,050
transportation pilot project to demonstrate innovative, 16,051
efficient, and cost-reducing cooperative methods of transporting 16,052
pupils on a countywide basis. The Superintendent of Public 16,054
Instruction shall receive proposals from educational service 16,055
centers and shall approve two locations for the pupil 16,056
transportation pilot project. One location shall be an 16,057
educational service center with a majority of its territory 16,058
included in the same county as a big eight school district; the 16,059
other location shall be an educational service center serving 16,061
three or more school districts in a small, rural county. The
Superintendent of Public Instruction shall select an educational 16,062
service center to participate only if a majority of the 16,063
superintendents of the school districts receiving services from 16,064
the educational service center agree to participate in the 16,065
project and only if the participating school districts are 16,066
contiguous. 16,067
Under the supervision of the educational service center, 16,069
WITH THE APPROVAL OF A MAJORITY OF the superintendents of the 16,071
participating school districts, THE STATE SUPERINTENDENT shall 16,072
cooperatively develop CONTRACT WITH AN INDIVIDUAL, BUSINESS, 16,073
PARTNERSHIP, CORPORATION, OR ORGANIZATION WITH EXPERTISE IN THE 16,074
AREA OF TRANSPORTATION PLANNING FOR THE DEVELOPMENT OF a plan for 16,075
the transportation of pupils by the most efficient method 16,077
designed to effect savings in the aggregate transportation costs 16,078
of all the participating school districts. The plan may propose 16,080
358
the cooperative operation of the equipment and use of the 16,081
personnel of any participating school district and other agreed 16,082
to alternative methods of transporting pupils designed to achieve 16,083
efficiency. Provided however, that every pupil entitled under 16,084
Chapter 3327. of the Revised Code to receive transportation shall 16,085
continue to be transported.
The Legislative Office of Education Oversight shall monitor 16,087
the implementation of the pilot project to determine whether the 16,088
programs suggest innovative, effective cooperative ways to deal 16,089
with the transportation of pupils that may be applicable beyond 16,090
the pilot project locations. 16,091
As used in this section, "big eight school district" has 16,093
the same meaning as in section 3314.02 of the Revised Code." 16,094
Section 10. That existing Sections 18 and 19 of Am. Sub. 16,096
H.B. 650 of the 122nd General Assembly are hereby repealed. 16,098
Section 11. That Section 50.06 of Am. Sub. H.B. 215 of the 16,100
122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. 16,101
Sub. H.B. 650 of the 122nd General Assembly, be amended to read 16,102
as follows:
"Sec. 50.06. School Foundation Basic Allowance Base Cost 16,109
Funding 16,110
Of the foregoing appropriation item 200-501, Base Cost 16,112
Funding, up to $6,000,000 in each year of the biennium shall be 16,114
expended by the State Board of Education for the extended service 16,115
allowance which shall be the teachers' salaries pursuant to the 16,116
schedule contained in section 3317.13 of the Revised Code, plus 16,117
fifteen per cent for retirement and sick leave; up to $425,000 16,119
shall be expended in each year of the biennium for court payments 16,120
pursuant to section 2151.357 of the Revised Code; up to $150,000 16,121
in each year of the biennium shall be expended pursuant to 16,122
section 3313.64 of the Revised Code; THE SUPERINTENDENT OF PUBLIC 16,123
INSTRUCTION SHALL EXPEND IN FISCAL YEAR 1998 THE AMOUNT NECESSARY 16,124
FOR THE PURPOSE OF MAKING PAYMENTS FOR THE VOCATIONAL EDUCATION 16,125
PUPIL RECOMPUTATION PURSUANT TO DIVISION (M) OF SECTION 3317.024 16,126
359
OF THE REVISED CODE AND THE PROVISIONS UNDER THE SECTION HEADED 16,128
"VOCATIONAL EDUCATION PUPIL RECOMPUTATION" IN AM. SUB. H.B. 215 16,130
OF THE 122nd GENERAL ASSEMBLY AND THE SPECIAL EDUCATION PUPIL 16,131
RECOMPUTATION PURSUANT TO DIVISION (I) OF SECTION 3317.023 OF THE 16,132
REVISED CODE; up to $100,000 shall be expended in each year of 16,135
the biennium for supplemental payments pursuant to the section 16,136
headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd 16,138
General Assembly; an amount shall be available each year of the 16,140
biennium for the cost of the reappraisal guarantee pursuant to 16,141
section 3317.04 of the Revised Code; up to $9,000,000 in each 16,142
year of the biennium shall be reserved for payments pursuant to 16,143
sections 3317.026, 3317.027, and 3317.028 of the Revised Code 16,144
EXCEPT THAT THE CONTROLLING BOARD MAY INCREASE THE $9,000,000 16,145
AMOUNT IF PRESENTED WITH SUCH A REQUEST FROM THE DEPARTMENT OF 16,146
EDUCATION. OF THE FOREGOING APPROPRIATION LINE ITEM 200-501, 16,147
BASE COST FUNDING, UP TO $13,861,282 SHALL BE USED IN FISCAL YEAR 16,148
1999 TO PROVIDE ADDITIONAL STATE AID TO SCHOOL DISTRICTS FOR 16,149
STUDENTS IN CATEGORY THREE SPECIAL EDUCATION ADM PURSUANT TO 16,150
DIVISION (C)(4) OF SECTION 3317.022 OF THE REVISED CODE; up to 16,151
$2,000,000 in each year of the biennium shall be reserved for 16,153
Youth Services tuition payments pursuant to section 3317.024 of 16,154
the Revised Code,; up to $1,300,000 in fiscal year 1998 and 16,155
$1,300,000 in fiscal year 1999 for small district aid; for 16,156
districts with an ADM of less than 100, in addition to other 16,157
funds, an amount shall be paid equal to the amount above the 16,158
actual fiscal year 1996 and 1997 amounts for basic aid, including 16,159
any guarantee aid the district would have received in fiscal 16,160
years 1996 and 1997 had the amendments to divisions (D) and (E) 16,161
of section 3317.0212 of the Revised Code, as amended in Am. Sub. 16,162
H.B. 215 of the 122nd General Assembly, been in effect; up to 16,164
$500,000 in each fiscal year shall be used to make payments to 16,165
school districts that lose enrollment due to the implementation 16,166
of the community schools program pursuant to Am. Sub. H.B. 215 of 16,167
the 122nd General Assembly; $500,000 shall be transferred each 16,168
360
year by the Director of Budget and Management to appropriation 16,170
item 200-422, School Management Assistance, to help the 16,171
Department of Education administer, monitor, and implement the
fiscal emergency and fiscal watch provisions under Chapter 3316. 16,172
of the Revised Code. Up; UP to $45,330,000 in fiscal year 1998 16,173
and up to $47,795,600 in fiscal year 1999 shall be reserved to 16,175
fund the state reimbursement of educational service centers
pursuant to section 3317.11 of the Revised Code; and up to 16,176
$1,260,000 in fiscal year 1998 shall be used by the 16,178
Superintendent of Public Instruction to make incentive payments 16,179
in any amounts the superintendent deems necessary to joint 16,180
educational service centers established pursuant to section 16,181
3311.053 of the Revised Code. These supplemental payments may be 16,182
made in fiscal year 1998 to defray the direct or indirect 16,183
expenses of dissolving participating educational service centers.
Each joint educational service center seeking a supplemental 16,184
payment in fiscal year 1998 shall submit to the Superintendent of 16,185
Public Instruction any documents and information that the 16,186
Superintendent may require no later than December 31, 1997. 16,187
Notwithstanding any contrary provision of section 3313.843 16,189
or 3317.11 of the Revised Code as amended by Amended Substitute 16,190
House Bill No. 650 of the 122nd general assembly GENERAL 16,192
ASSEMBLY, students receiving special education programs or 16,193
related services in fiscal year 1998 through a state-funded 16,194
special education classroom unit or a state-funded special 16,195
education related services unit operated by an educational
service center shall receive that program or those services from 16,196
that educational service center in fiscal year 1999 through a 16,197
contract entered into between the educational service center and 16,198
the students' school district of enrollment unless the service 16,199
center and district mutually agree that it is in the best
interests of students to provide the program or services in a 16,200
different manner. The contract for fiscal year 1999 shall 16,201
provide for payment to the service center by the students' school 16,202
361
district of enrollment for the program or services provided by 16,203
the service center. If the service center and school district 16,204
fail to agree on a payment amount for the students, they shall
notify the department of education and the department shall 16,205
determine the amount to be paid. If the service center and the 16,206
district disagree that it is in the best interests of students to 16,207
have the students receive the program or services in fiscal year 16,208
1999 from the service center, the district or service center 16,209
shall notify the department of education and, prior to March 31, 16,210
1998, the department shall determine what manner of program or
services in fiscal year 1999 is in the best interests of the 16,211
students.
Of the foregoing appropriation item 200-501, Base Cost 16,213
Funding, up to $1,000,000 in each fiscal year shall be used by 16,215
the Department of Education for a pilot program to pay for 16,216
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 16,217
facilities described in division (A) of the section titled 16,218
"Private Treatment Facility Pilot Project." 16,219
OF THE FOREGOING APPROPRIATION ITEM 200-501, BASE COST 16,222
FUNDING, AN AMOUNT NO GREATER THAN $40,000,000 IN FISCAL YEAR
1999 SHALL BE DEDUCTED FROM SCHOOL DISTRICTS ON A PRO RATA BASIS 16,224
AND PAID TO COUNTY BOARDS OF MR/DD AND INSTITUTIONS PURSUANT TO 16,225
DIVISION (E) OF 3317.20 OF THE REVISED CODE; AN AMOUNT SHALL BE 16,227
AVAILABLE IN FISCAL YEAR 1999 FOR SCHOOL PSYCHOLOGICAL SERVICES 16,229
AND FOR SPEECH-LANGUAGE SERVICES PURSUANT TO SECTIONS (C) AND (D) 16,230
OF 3317.20 OF THE REVISED CODE. 16,231
The remaining portion of this appropriation item shall be 16,233
expended for base cost funding for the public schools of city, 16,235
local, and exempted village school districts pursuant to 16,236
divisions (A) and (C) of section 3317.022 of the Revised Code. 16,237
Any amounts which were encumbered in fiscal year 1997 by the 16,238
Department of Education from appropriation item 200-501, School 16,239
Foundation Basic Allowance, for any of the uses described in 16,241
362
Section 45.05 of Am. Sub. H.B. 117 of the 121st General Assembly,
but which, on the effective date of this amendment of this 16,242
section, remain unexpended, may be used by the Department of 16,243
Education to make payments for the purposes of sections 3317.027 16,244
and 3317.028 of the Revised Code in excess of the amounts 16,245
specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st
General Assembly, for fiscal year 1997 obligations pursuant to 16,246
sections 3317.027 and 3317.028 of the Revised Code." 16,247
Section 12. That existing Section 50.06 of Am. Sub. H.B. 16,249
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 16,250
182 and Am. Sub. H.B. 650 of the 122nd General Assembly, is 16,251
hereby repealed.
Section 13. That Section 7 of Am. Sub. S.B. 102 of the 16,253
122nd General Assembly be amended to read as follows: 16,254
"Sec. 7. All items set forth in this section are hereby 16,258
appropriated out of any moneys in the state treasury to the 16,259
credit of the School Building Program Assistance Fund (Fund 032). 16,261
Revenues to the School Building Program Assistance Fund shall 16,262
consist of proceeds of obligations authorized to pay costs of 16,263
capital facilities as defined in section 3318.21 of the Revised 16,264
Code.
Appropriations 16,266
SFC SCHOOL FACILITIES COMMISSION 16,267
CAP-737 School Building Program Assistance $ 300,000,000 16,271
Total School Facilities Commission $ 300,000,000 16,273
School Building Assistance 16,276
Of the foregoing appropriation item CAP-737, School 16,278
Building Program Assistance, up to $200,000,000 shall be used by 16,279
the Ohio School Facilities Commission to provide funds to schools 16,280
that receive conditional approval by the Ohio School Facilities 16,282
Commission pursuant to Chapter 3318. of the Revised Code.
Up to $50,000,000 of that amount shall be used by the Ohio 16,284
School Facilities Commission to administer the Emergency School 16,285
Building Repair Program, pursuant to section 3318.35 of the 16,286
363
Revised Code.
Of the foregoing appropriation item CAP-737, School 16,288
Building Program Assistance, notwithstanding Chapter 3318. of the 16,289
Revised Code, up to $100,000,000 shall be used by the Ohio School 16,290
Facilities Commission to provide funds to the big eight school 16,291
districts to be used for major renovations, ADDITIONS, and 16,293
repairs of school facilities. Funds shall be allocated to the 16,294
school districts on a per pupil basis, based on fiscal year 1997 16,295
total average daily membership as defined in section 3317.03 of 16,296
the Revised Code. To be eligible to receive these funds, each 16,297
school district shall: 16,298
(1) Provide a 100 per cent match from funds that are 16,301
approved by the Ohio School Facilities Commission;
(2) Develop and submit a capital renovations plan for the 16,303
use of state and local funds subject to approval by the Ohio 16,304
School Facilities Commission. 16,305
As used in this section, "big eight school district" means 16,307
a school district that for fiscal year 1997 had a percentage of 16,308
children residing in the district and receiving Aid to Dependent 16,309
Children greater than thirty per cent, as reported pursuant to 16,310
section 3317.10 of the Revised Code, and had an average daily 16,311
membership greater than twelve thousand, as reported pursuant to 16,312
division (A) of section 3317.03 of the Revised Code." 16,313
Section 14. That existing Section 7 of Am. Sub. S.B. 102 16,315
of the 122nd General Assembly is hereby repealed. 16,316
Section 15. That Section 50.52.12 of Am. Sub. H.B. 215 of 16,318
the 122nd General Assembly is hereby repealed. 16,319
Section 16. Any school district that is part of an 16,321
educational service center compact that has erroneously filed its 16,322
average daily membership count by not recording its vocational 16,323
students as "vocational education out-of-district" students, 16,324
shall have fifteen years beginning in fiscal year 2000 to repay
the Department of Education for overpayments made by the 16,325
Department of Education to such districts during FY 1997. Such 16,326
364
districts shall not be liable for erroneous payments in previous 16,327
years. The repayments shall be made in equal yearly installments 16,328
and shall be interest free. The repayments shall be in the form 16,329
of funds withheld from state basic aid made to the school
districts pursuant to section 3317.022 of the Revised Code by the 16,330
Department of Education. 16,331
Section 17. The enactment by this act of R.C. 3345.122 is 16,333
intended to confirm the enactment of the section by Am. Sub. H.B. 16,335
215 of the 122nd General Assembly, the biennial operating budget 16,336
measure. The Statement of the Reasons for the Veto of Items in 16,337
Amended Substitute House Bill 215, Item Number Three, states that 16,338
the Governor disapproved the enactment of the section, R.C. 16,339
3345.182, that immediately follows R.C. 3345.122 in Am. Sub. H.B. 16,340
215. In boxing R.C. 3345.182 to indicate this disapproval, 16,341
however, the Governor also boxed R.C. 3345.122. The Statement of 16,342
the Reasons for the Veto of Items, Item Number Three, indicates 16,343
no intention to disapprove R.C. 3345.122. And neither do the 16,344
Governor's disapprovals in the enacting clauses of the title and 16,345
Section 1 of Am. Sub. H.B. 215, where the Governor boxed the 16,346
intention to enact R.C. 3345.182, but not the intention to enact 16,347
R.C. 3345.122.
This section is subject to the referendum. 16,349
Section 18. Notwithstanding anything to the contrary in 16,351
Chapter 3318. of the Revised Code: 16,352
(A) The Ohio School Facilities Commission may complete 16,354
on-site visits pursuant to section 3318.02 of the Revised Code 16,356
and may make the project determinations specified in section 16,357
3318.03 of the Revised Code for up to twelve more school
districts than the number of districts for whose projects the 16,358
Commission projects sufficient funds have been appropriated for 16,359
the biennium ending June 30, 1999. 16,360
(B) The Ohio School Facilities Commission may 16,362
conditionally approve and submit projects for such twelve school 16,364
districts to the Controlling Board for approval and the 16,366
365
Controlling Board may approve such projects, but no state funds
shall be encumbered for the projects. 16,367
(C) A school district whose project is conditionally 16,369
approved under division (B) of this section may accept the 16,370
conditional approval and may submit the proposals required by 16,371
division (A) and (B) of section 3318.05 of the Revised Code to 16,372
the voters at the general election to be held November 3, 1998,
in the manner required by that section and section 3318.06 of the 16,373
Revised Code. However, no school district whose electors approve 16,374
such proposals shall proceed to levy the tax or issue bonds 16,375
authorized by the electorate until the state has encumbered funds 16,376
for the project covered by the proposals and the district and the 16,377
state have entered into the agreement required by section 3318.08
of the Revised Code. 16,378
(D) This section is not subject to the referendum and 16,380
expires on June 30, 2000. 16,381
Section 19. The amendment by this act of section 718.01 16,383
and the enactment by this act of section 715.013 of the Revised 16,384
Code shall be construed to effect the General Assembly's 16,386
intention and understanding, prior to the decision of the Ohio 16,387
Supreme Court in Cincinnati Bell Tel. Co. v. Cincinnati (1998), 16,388
_____ Ohio St.3d _____ (No. 97-310, Decided May 13, 1998), that
the levy of each of the taxes enumerated in section 715.013 of 16,389
the Revised Code preempted the authority of municipal 16,391
corporations to levy any tax on the same or similar subjects for 16,392
the respective periods of time during which the taxes so
enumerated were levied, pursuant to Cincinnati v. Am. Tel. & Tel. 16,393
Co. (1925), 112 Ohio St. 493; Haefner v. Youngstown (1946), 147 16,394
Ohio St. 58; and E. Ohio Gas Co. v. Akron (1966), 7 Ohio St.2d 16,396
73. Therefore, to the extent authorized by the Ohio 16,397
Constitution, the General Assembly hereby prohibits municipal 16,398
corporations from assessing or collecting any tax levied by 16,399
municipal corporations that had not been assessed prior to May 16,400
13, 1998, against subjects that are the same as or similar to
366
those that are subject to the taxes enumerated in section 715.013 16,401
of the Revised Code. To the extent such prohibition is not 16,402
authorized under the Ohio Constitution, any claim by a municipal 16,403
corporation for a tax levied by a municipal corporation that had 16,404
not been assessed prior to the effective date of this section
against subjects that are the same as or similar to those that 16,405
are subject to the taxes enumerated in section 715.013 of the 16,406
Revised Code shall be asserted not later than thirty days after 16,407
the effective date of this section. Nothing in this section 16,408
shall be construed to abate or modify any person's liability for
taxes that may be due as a result of the finding by the Ohio 16,409
Supreme Court in Cincinnati Bell Tel. Co. v. Cincinnati. 16,410
This section is subject to the referendum. 16,412
Section 20. Section 5733.04 of the Revised Code is 16,414
presented in this act as a composite of the section as amended by 16,415
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,416
Assembly, with the new language of neither of the acts shown in 16,418
capital letters. This is in recognition of the principle stated 16,419
in division (B) of section 1.52 of the Revised Code that such 16,420
amendments are to be harmonized where not substantively 16,421
irreconcilable and constitutes a legislative finding that such is 16,422
the resulting version in effect prior to the effective date of 16,423
this act.
Section 21. Section 5747.01 of the Revised Code is 16,425
presented in this act as a composite of the section as amended by 16,426
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,427
Assembly, with the new language of neither of the acts shown in 16,429
capital letters. This is in recognition of the principle stated 16,430
in division (B) of section 1.52 of the Revised Code that such 16,431
amendments are to be harmonized where not substantively 16,432
irreconcilable and constitutes a legislative finding that such is 16,433
the resulting version in effect prior to the effective date of 16,434
this act.
Section 22. Except as otherwise specifically provided in 16,436
367
this act, the codified and uncodified sections of law contained 16,437
in this act, and the items of law of which the codified and 16,438
uncodified sections of law contained in this act are composed, 16,439
are not subject to the referendum. Therefore, under Ohio 16,440
Constitution, Article II, Section 1d and section 1.471 of the 16,441
Revised Code, the codified and uncodified sections and items of 16,442
law contained in this act, except as otherwise specifically 16,443
provided in this act, go into immediate effect when this act 16,444
becomes law. 16,445
Section 23. Sections 3313.646, 3313.841, 3313.842, 16,447
3313.975, 3313.98, 3314.02, 3314.03, 3314.06, 3314.07, 3314.08, 16,448
3314.12, 3314.13, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 16,450
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 16,451
3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 16,452
3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3317.20, 3318.06, 16,453
3318.08, 3318.10, 3319.22, 3323.091, and 3323.12 of the Revised 16,454
Code; Section 50.11 of Am. Sub. H.B. 215 of the 122nd General 16,455
Assembly (renumbered as section 3317.162 of the Revised Code); 16,456
Sections 50.52, 50.52.2, 50.52.4, 50.52.7, 50.52.9, and 50.52.12 16,457
of Am. Sub. H.B. 215 of the 122nd General Assembly; Sections 16,458
50.44 and 50.52.5 of Am. Sub. H.B. 215 of the 122nd General
Assembly as amended by Am. Sub. H.B. 650 of the 122nd General 16,459
Assembly; Section 19 of Am. Sub. H.B. 650 of the 122nd General 16,460
Assembly; and Section 18 of this act, as contained in this act, 16,461
and the items of law of which such sections as contained in this 16,463
act are composed, are not subject to the referendum. Therefore, 16,464
under Ohio Constitution, Article II, Section 1d and section 1.471 16,465
of the Revised Code, such sections and items of law are entitled 16,466
to go into immediate effect when this act becomes law. However, 16,467
such sections and items of law take effect on July 1, 1998, or 16,468
the day this act becomes law, whichever is later. 16,469
Section 24. Sections 101.68, 126.14, 131.35, 133.06, 16,472
325.19, 715.013, 718.01, 3315.171, 3315.181, 3345.122, 3734.57, 16,473
3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 4981.091, 16,474
368
5101.93, 5104.32, 5104.34, 5104.35, 5104.38, 5711.22, 5733.04, 16,475
5733.05, 5733.057, 5733.058, 5733.0611, 5733.12, 5733.40, 16,477
5733.401, 5733.402, 5733.98, 5747.01, 5747.08, 5747.401, 5747.43, 16,478
5747.452, 5747.98, and 5907.15 of the Revised Code, as contained 16,479
in this act, and the items of law of which such sections as 16,480
contained in this act are composed, are subject to the 16,481
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, such sections 16,482
and items of law take effect on the ninety-first day after this 16,483
act is filed with the Secretary of State. If, however, a 16,484
referendum petition is filed against any such section or item of 16,485
law, the section or item of law, unless rejected at the 16,486
referendum, takes effect at the earliest time permitted by law. 16,487
Section 25. Uncodified sections of law contained in this 16,489
act, and items of law contained within the uncodified sections of 16,491
law contained in this act, that explicitly state they are subject 16,492
to the referendum are subject to the referendum. Therefore, 16,493
under Ohio Constitution, Article II, Section 1c and section 1.471 16,494
of the Revised Code, the uncodified sections and items of law 16,495
that explicitly state they are subject to the referendum take 16,496
effect on the ninety-first day after this act is filed with the 16,497
Secretary of State. If, however, a referendum petition is filed 16,498
against an uncodified section or item of law that explicitly 16,499
states it is subject to the referendum, the uncodified section or 16,500
item of law, unless rejected at the referendum, takes effect at 16,501
the earliest time permitted by law.
This section defines the effect of an uncodified section or 16,503
item of law explicitly stating that it is subject to the 16,504
referendum, but this section is not itself to be considered 16,505
explicitly to state that it is subject to the referendum. 16,506