As Passed by the House* 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 770 5
1997-1998 6
REPRESENTATIVES JOHNSON-SYKES-VERICH-THOMAS-VESPER-WOMER BENJAMIN- 8
O'BRIEN-PERZ-MOTTLEY-METZGER-CORE-CORBIN-BENDER 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
13
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 AMENDED SUBSTITUTE HOUSE BILL 2,018
NO. 215 OF THE 122nd GENERAL ASSEMBLY TO THE SPEAKER OF THE HOUSE 2,021
OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE
GOVERNOR. THE REPORT SHALL INCLUDE THE NUMBER OF SCHOOLS IN 2,022
OPERATION, THE SIZE AND CHARACTERISTICS OF ENROLLMENT FOR THE 2,023
SCHOOLS, THE ACADEMIC PERFORMANCE OF THE SCHOOLS, THE FINANCIAL 2,024
STATUS OF THE SCHOOLS, AND ANY OTHER PERTINENT INFORMATION. 2,025
Sec. 3314.13. (A) AS USED IN THIS SECTION: 2,028
(1) "ALL-DAY KINDERGARTEN" AND "DPIA INDEX" HAVE THE SAME 2,031
MEANINGS AS IN SECTION 3317.029 OF THE REVISED CODE. 2,034
47
(2) "FORMULA AMOUNT" HAS THE SAME MEANING AS IN SECTION 2,036
3317.02 OF THE REVISED CODE. 2,038
(B) THE DEPARTMENT OF EDUCATION ANNUALLY SHALL PAY EACH 2,041
COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER OR UNDER SECTION 2,043
50.52 OF AMENDED SUBSTITUTE HOUSE BILL NO. 215 OF THE 122nd 2,046
GENERAL ASSEMBLY ONE-HALF OF THE FORMULA AMOUNT FOR EACH STUDENT 2,047
WHO IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 2,048
OF THE REVISED CODE IN A SCHOOL DISTRICT WITH A DPIA INDEX OF ONE 2,050
OR GREATER AND WHO IS REPORTED BY THE COMMUNITY SCHOOL AS 2,051
ENROLLED IN ALL-DAY KINDERGARTEN AT THE COMMUNITY SCHOOL. IF A 2,052
STUDENT FOR WHOM PAYMENT IS MADE UNDER THIS SECTION IS ENTITLED 2,054
TO ATTEND SCHOOL IN A DISTRICT THAT RECEIVES ANY PAYMENT FOR 2,055
ALL-DAY KINDERGARTEN UNDER DIVISION (D) OF SECTION 3317.029 OF 2,057
THE REVISED CODE, THE DEPARTMENT SHALL DEDUCT THE PAYMENT TO THE 2,059
COMMUNITY SCHOOL UNDER THIS SECTION FROM THE AMOUNT PAID THAT 2,060
SCHOOL DISTRICT UNDER THAT DIVISION. IF THAT SCHOOL DISTRICT 2,061
DOES NOT RECEIVE PAYMENT FOR ALL-DAY KINDERGARTEN UNDER THAT 2,062
DIVISION, THE DEPARTMENT SHALL PAY THE COMMUNITY SCHOOL FROM 2,063
STATE FUNDS APPROPRIATED GENERALLY FOR DISADVANTAGED PUPIL IMPACT 2,064
AID.
(C) THE DEPARTMENT SHALL ADJUST THE AMOUNTS DEDUCTED FROM 2,067
SCHOOL DISTRICTS AND PAID TO COMMUNITY SCHOOLS UNDER THIS SECTION 2,068
TO REFLECT ANY ENROLLMENTS OF STUDENTS IN ALL-DAY KINDERGARTEN IN 2,069
COMMUNITY SCHOOLS FOR LESS THAN THE EQUIVALENT OF A FULL SCHOOL 2,070
YEAR.
Sec. 3315.171. AS USED IN THIS SECTION, "SECURITIES" HAS 2,072
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 2,073
THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, LOCAL, 2,075
OR JOINT VOCATIONAL SCHOOL DISTRICT MAY REPLACE REVENUES RECEIVED 2,077
FOR OPERATING EXPENSES WITH MONEY RECEIVED FROM ANY OF THE 2,078
FOLLOWING SOURCES IN MEETING THE AMOUNT REQUIRED BY DIVISION (A) 2,079
OF SECTION 3315.17 OF THE REVISED CODE TO BE DEPOSITED IN THE 2,081
DISTRICT'S TEXTBOOK AND INSTRUCTIONAL MATERIALS FUND: 2,082
(A) A PERMANENT IMPROVEMENT LEVY AUTHORIZED BY SECTION 2,085
48
5705.21 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS ARE 2,088
RESTRICTED BY THE DISTRICT BOARD TO EXPENDITURES FOR TEXTBOOKS, 2,089
INSTRUCTIONAL SOFTWARE, AND INSTRUCTIONAL MATERIALS, SUPPLIES, 2,090
AND EQUIPMENT;
(B) THE PROCEEDS OF SECURITIES WHOSE USE IS RESTRICTED TO 2,093
EXPENDITURES FOR TEXTBOOKS, INSTRUCTIONAL SOFTWARE, AND 2,094
INSTRUCTIONAL MATERIALS, SUPPLIES, AND EQUIPMENT. 2,095
Sec. 3315.181. AS USED IN THIS SECTION, "SECURITIES" HAS 2,097
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 2,100
NOTWITHSTANDING DIVISION (A) OF SECTION 3315.18 OF THE 2,104
REVISED CODE, THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, 2,106
LOCAL, OR JOINT VOCATIONAL SCHOOL DISTRICT, IN MEETING THE AMOUNT 2,107
REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE DISTRICT'S 2,108
CAPITAL AND MAINTENANCE FUND, MAY REPLACE GENERAL FUND REVENUES 2,109
WITH PROCEEDS RECEIVED FROM A PERMANENT IMPROVEMENT LEVY 2,110
AUTHORIZED BY SECTION 5705.21 OF THE REVISED CODE ONLY TO THE 2,112
EXTENT THE PROCEEDS ARE AVAILABLE TO BE USED FOR THE ACQUISITION, 2,113
REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT 2,114
IMPROVEMENTS AS DEFINED IN SECTION 5705.01 OF THE REVISED CODE. 2,116
IN ADDITION, THE BOARD MAY REPLACE GENERAL FUND REVENUES WITH 2,117
PROCEEDS RECEIVED FROM ANY OF THE FOLLOWING SOURCES IN MEETING 2,118
THE AMOUNT REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE FUND: 2,119
(A) PROCEEDS RECEIVED FROM ANY SECURITIES WHOSE USE IS 2,121
LIMITED TO THE ACQUISITION, REPLACEMENT, ENHANCEMENT, 2,122
MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS; 2,123
(B) INSURANCE PROCEEDS RECEIVED AS A RESULT OF THE DAMAGE 2,125
TO OR THEFT OR DESTRUCTION OF A PERMANENT IMPROVEMENT TO THE 2,126
EXTENT A BOARD OF EDUCATION PLACES THE PROCEEDS IN A SEPARATE 2,127
FUND FOR THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, 2,128
OR REPAIR OF PERMANENT IMPROVEMENTS; 2,129
(C) PROCEEDS RECEIVED FROM THE SALE OF A PERMANENT 2,131
IMPROVEMENT TO THE EXTENT THE PROCEEDS ARE PAID INTO A SEPARATE 2,132
FUND FOR THE CONSTRUCTION OR ACQUISITION OF PERMANENT 2,133
IMPROVEMENTS; 2,134
49
(D) PROCEEDS RECEIVED FROM A TAX LEVY AUTHORIZED BY 2,136
SECTION 3318.06 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS 2,138
ARE AVAILABLE TO BE USED FOR THE MAINTENANCE OF CAPITAL 2,139
FACILITIES; 2,140
(E) PROCEEDS OF CERTIFICATES OF PARTICIPATION ISSUED AS 2,143
PART OF A LEASE-PURCHASE AGREEMENT ENTERED INTO UNDER SECTION 2,144
3313.375 OF THE REVISED CODE. 2,146
Sec. 3317.01. As used in this section and section 3317.011 2,155
of the Revised Code, "school district," unless otherwise 2,156
specified, means any city, local, exempted village, joint 2,157
vocational, or cooperative education school district and any 2,159
educational service center. 2,160
This chapter shall be administered by the state board of 2,162
education. The superintendent of public instruction shall 2,163
calculate the amounts payable to each school district and shall 2,164
certify the amounts payable to each eligible district to the 2,165
treasurer of the district as provided by this chapter. No moneys 2,166
shall be distributed pursuant to this chapter without the 2,167
approval of the controlling board. 2,168
The state board of education shall, in accordance with 2,170
appropriations made by the general assembly, meet the financial 2,171
obligations of this chapter, except that moneys to meet the 2,172
financial obligations of section 3301.17 of the Revised Code 2,173
shall be supplemented from funds available to the state from the 2,174
United States or any agency or department thereof for a driver 2,175
education course of instruction. 2,176
ANNUALLY, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND 2,178
REPORT TO EACH SCHOOL DISTRICT THE DISTRICT'S TOTAL STATE AND 2,179
LOCAL FUNDS FOR PROVIDING AN ADEQUATE BASIC EDUCATION TO THE 2,180
DISTRICT'S NONHANDICAPPED STUDENTS, UTILIZING THE DETERMINATION 2,181
IN SECTION 3317.012 OF THE REVISED CODE. IN ADDITION, THE
DEPARTMENT SHALL CALCULATE AND REPORT SEPARATELY FOR EACH SCHOOL 2,182
DISTRICT THE DISTRICT'S TOTAL STATE AND LOCAL FUNDS FOR PROVIDNG 2,183
AN ADEQUATE EDUCATION FOR ITS HANDICAPPED STUDENTS, UTILIZING THE 2,184
50
DETERMINATIONS IN BOTH SECTIONS 3317.012 AND 3317.013 OF THE 2,185
REVISED CODE.
Moneys distributed pursuant to this chapter shall be 2,187
calculated and paid on a fiscal year basis, beginning with the 2,188
first day of July and extending through the thirtieth day of 2,189
June. The moneys appropriated for each fiscal year shall be 2,190
distributed at least monthly to each school district unless 2,191
otherwise provided for. With each payment, the state board shall 2,192
submit to each school district a detailed statement of state 2,193
special education support indicating the amount of the payment 2,194
calculated under division (A) of section 3317.022 of the Revised 2,195
Code as basic aid that is attributable to the district's category 2,197
one, two, and three special education ADMs plus the amount of the 2,198
distribution computed under division (C) of section 3317.022 of 2,199
the Revised Code. The state board shall submit a yearly
districution DISTRIBUTION plan to the controlling board at its 2,200
first meeting in July. The state board shall submit any proposed 2,201
midyear revision of the plan to the controlling board in January. 2,203
Any year-end revision of the plan shall be submitted to the 2,204
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 2,205
shall be on the same basis for each school district. 2,206
The total amounts paid each month shall constitute, as 2,208
nearly as possible, one-twelfth of the total amount payable for 2,209
the entire year. Payments made during the first six months of 2,210
the fiscal year may be based on an estimate of the amounts 2,211
payable for the entire year. Payments made in the last six 2,212
months shall be based on the final calculation of the amounts 2,213
payable to each school district for that fiscal year. Payments 2,214
made in the last six months may be adjusted, if necessary, to 2,215
correct the amounts distributed in the first six months, and to 2,216
reflect enrollment increases when such are at least three per 2,217
cent. Except as otherwise provided, payments under this chapter 2,218
shall be made only to those school districts in which: 2,219
51
(A) The school district, except for any educational 2,222
service center and any joint vocational or cooperative education 2,223
school district, levies for current operating expenses at least 2,224
twenty mills. Levies for joint vocational or cooperative 2,226
education school districts or county school financing districts, 2,227
limited to or to the extent apportioned to current expenses, 2,228
shall be included in this qualification requirement. School 2,229
district income tax levies under Chapter 5748. of the Revised 2,230
Code, limited to or to the extent apportioned to current 2,231
operating expenses, shall be included in this qualification 2,232
requirement to the extent determined by the tax commissioner 2,233
under division (C) of section 3317.021 of the Revised Code. 2,234
(B) The school year next preceding the fiscal year for 2,236
which such payments are authorized meets the requirement of 2,237
section 3313.48 or 3313.481 of the Revised Code, with regard to 2,238
the minimum number of days or hours school must be open for 2,239
instruction with pupils in attendance, for individualized 2,240
parent-teacher conference and reporting periods, and for 2,241
professional meetings of teachers. This requirement shall be 2,242
waived by the superintendent of public instruction if it had been 2,243
necessary for a school to be closed because of disease epidemic, 2,244
hazardous weather conditions, inoperability of school buses or 2,245
other equipment necessary to the school's operation, damage to a 2,246
school building, or other temporary circumstances due to utility 2,247
failure rendering the school building unfit for school use, 2,248
provided that for those school districts operating pursuant to 2,249
section 3313.48 of the Revised Code the number of days the school 2,250
was actually open for instruction with pupils in attendance and 2,251
for individualized parent-teacher conference and reporting 2,252
periods is not less than one hundred seventy-five, or for those 2,253
school districts operating on a trimester plan the number of days 2,254
the school was actually open for instruction with pupils in 2,255
attendance not less than seventy-nine days in any trimester, for 2,256
those school districts operating on a quarterly plan the number 2,257
52
of days the school was actually open for instruction with pupils 2,258
in attendance not less than fifty-nine days in any quarter, or 2,259
for those school districts operating on a pentamester plan the 2,260
number of days the school was actually open for instruction with 2,261
pupils in attendance not less than forty-four days in any 2,262
pentamester.
A school district shall not be considered to have failed to 2,264
comply with this division or section 3313.481 of the Revised Code 2,265
because schools were open for instruction but either twelfth 2,266
grade students were excused from attendance for up to three days 2,267
or only a portion of the kindergarten students were in attendance 2,268
for up to three days in order to allow for the gradual 2,269
orientation to school of such students. 2,270
The superintendent of public instruction shall waive the 2,272
requirements of this section with reference to the minimum number 2,273
of days or hours school must be in session with pupils in 2,274
attendance for the school year succeeding the school year in 2,275
which a board of education initiates a plan of operation pursuant 2,276
to section 3313.481 of the Revised Code. The minimum 2,277
requirements of this section shall again be applicable to such a 2,278
district beginning with the school year commencing the second 2,279
July succeeding the initiation of one such plan, and for each 2,280
school year thereafter. 2,281
A school district shall not be considered to have failed to 2,283
comply with this division or section 3313.48 or 3313.481 of the 2,284
Revised Code because schools were open for instruction but the 2,285
length of the regularly scheduled school day, for any number of 2,286
days during the school year, was reduced by not more than two 2,287
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 2,289
accordance with, a teacher's TEACHERS' salary schedule which 2,291
complies with section 3317.13 of the Revised Code.
A board of education or governing board of an educational 2,293
service center which has not conformed with other law and the 2,295
53
rules pursuant thereto, shall not participate in the distribution 2,296
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 2,297
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 2,298
good and sufficient reason established to the satisfaction of the 2,299
state board of education and the state controlling board. 2,300
All funds allocated to school districts under this chapter, 2,302
except those specifically allocated for other purposes, shall be 2,303
used to pay current operating expenses only. 2,304
Sec. 3317.013. This section does not apply to preschool 2,313
handicapped PRESCHOOL students. 2,314
Analysis of special education cost data has resulted in a 2,316
finding that the average special education excess ADDITIONAL cost 2,318
per pupil, including the costs of related services, can be 2,319
expressed as a multiple of the base cost per pupil calculated 2,321
under section 3317.012 of the Revised Code. The multiples for 2,322
the following categories of special education programs, as these 2,323
programs are defined for purposes of Chapter 3323. of the Revised 2,324
Code, are as follows:
(A) A multiple of 0.22 for students identified as specific 2,327
learning disabled, other health handicapped, or developmentally
handicapped, as these terms are defined pursuant to Chapter 3323. 2,328
of the Revised Code; 2,329
(B) A multiple of 3.01 for students identified as hearing 2,331
handicapped, orthopedically handicapped, vision impaired, 2,332
multihandicapped, and severe behavior handicapped, as these terms 2,334
are defined pursuant to Chapter 3323. of the Revised Code. 2,335
Further analysis indicates that approximately one-eighth of 2,337
THE TOTAL COSTS OF SERVING special education costs consist 2,339
STUDENTS CONSISTS of the furnishing of THE related services 2,341
specified in division (A)(B)(3) of section 3317.024 3317.022 of 2,343
the Revised Code. 2,344
Sec. 3317.02. As used in this chapter: 2,353
(A) Unless otherwise specified, "school district" means 2,355
city, local, and exempted village school districts. 2,356
54
(B) "Formula amount" means the base cost for the fiscal 2,358
year specified in section 3317.012 of the Revised Code, except 2,360
that to allow for the orderly phase-in of the increased funding 2,362
specified in that section, the formula amount for fiscal year 2,363
1999 shall be $3,851; the formula amount for fiscal year 2000 2,364
shall be $4,038; and the formula amount for fiscal year 2001 2,365
shall be $4,226. Thereafter, the formula amount shall be as 2,366
specified in that section.
(C) "FTE basis" means a count of students based on 2,369
full-time equivalency, in accordance with rules adopted by the 2,370
department of education pursuant to section 3317.03 of the 2,371
Revised Code. IN ADOPTING ITS RULES UNDER THIS DIVISION, THE 2,372
DEPARTMENT SHALL PROVIDE FOR COUNTING ANY STUDENT IN A DISTRICT'S 2,373
CATEGORY ONE, TWO, OR THREE SPECIAL EDUCATION ADM IN THE SAME 2,374
PROPORTION THE STUDENT IS COUNTED IN FORMULA ADM. 2,375
(D)(1) "Formula ADM" means the greater of the number 2,378
reported pursuant to division (A) of section 3317.03 of the 2,380
Revised Code or the three-year. 2,382
(2) "THREE-YEAR AVERAGE FORMULA ADM" MEANS THE average of 2,384
that number and the number reported under that division A SCHOOL 2,386
DISTRICT'S FORMULA ADMs for the CURRENT AND preceding two fiscal 2,387
years. However, as applicable in fiscal years 1999 and 2000, the 2,389
three-year average specified in this division shall be determined 2,391
utilizing the FY 1997 ADM or FY 1998 ADM in lieu of a number 2,393
reported under division (A) of section 3317.03 of the Revised 2,395
Code FORMULA ADM FOR FISCAL YEAR 1997 OR 1998. 2,396
(E) "Preschool special education ADM" means the sum of the 2,399
average daily membership of handicapped preschool children
receiving services in preschool special education units approved 2,400
pursuant to division (B) of section 3317.05 of the Revised Code 2,402
FY 1997 ADM" or "FY 1998 ADM" MEANS THE DISTRICT'S AVERAGE DAILY 2,407
MEMBERSHIP REPORTED FOR THE APPLICABLE FISCAL YEAR UNDER THE 2,408
VERSION OF DIVISION (A) OF SECTION 3317.03 OF THE REVISED CODE IN 2,411
EFFECT DURING THAT FISCAL YEAR, ADJUSTED AS FOLLOWS: 2,412
55
(1) MINUS THE AVERAGE DAILY MEMBERSHIP OF HANDICAPPED 2,415
PRESCHOOL CHILDREN;
(2) MINUS ONE-HALF OF THE AVERAGE DAILY MEMBERSHIP 2,418
ATTENDING KINDERGARTEN;
(3) MINUS THREE-FOURTHS OF THE AVERAGE DAILY MEMBERSHIP 2,421
ATTENDING A JOINT VOCATIONAL SCHOOL DISTRICT; 2,422
(4) PLUS THE AVERAGE DAILY MEMBERSHIP ENTITLED UNDER 2,424
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO ATTEND SCHOOL 2,426
IN THE DISTRICT BUT RECEIVING EDUCATIONAL SERVICES IN APPROVED 2,427
UNITS FROM AN EDUCATIONAL SERVICE CENTER OR ANOTHER SCHOOL 2,429
DISTRICT UNDER A COMPACT OR A COOPERATIVE EDUCATION AGREEMENT, AS 2,430
DETERMINED BY THE DEPARTMENT;
(5) MINUS THE AVERAGE DAILY MEMBERSHIP RECEIVING 2,432
EDUCATIONAL SERVICES FROM THE DISTRICT IN APPROVED UNITS BUT 2,433
ENTITLED UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO 2,434
ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT, AS DETERMINED BY THE 2,435
DEPARTMENT.
(F)(1) "Category one special education ADM" means the 2,439
average daily membership of handicapped children receiving
special education services for those handicaps specified in 2,441
division (A) of section 3317.013 of the Revised Code and reported 2,443
under division (B) of section 3317.03 of the Revised Code. 2,445
(2) "Category two special education ADM" means the average 2,449
daily membership of handicapped children receiving special 2,450
education services for those handicaps specified in division (B) 2,451
of section 3317.013 of the Revised Code and reported under 2,453
division (B) of section 3317.03 of the Revised Code. 2,455
(3) "Category three special education ADM" means the 2,459
average daily membership of students receiving special education 2,460
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 2,461
terms are defined pursuant to Chapter 3323. of the Revised Code, 2,462
and reported under division (B) of section 3317.03 of the Revised 2,463
Code.
56
(G) "Family assistance" means assistance received under 2,465
the Ohio works first program or, for the purpose of determining 2,467
the five-year average of recipients of family assistance for 2,468
fiscal years 1999 through 2002, assistance received under an 2,469
antecedent family assistance program known as TANF or ADC 2,470
HANDICAPPED PRESCHOOL CHILD" MEANS A HANDICAPPED CHILD, AS 2,472
DEFINED IN SECTION 3323.01 OF THE REVISED CODE, WHO IS AT LEAST 2,474
AGE THREE BUT IS NOT OF COMPULSORY SCHOOL AGE, AS DEFINED IN 2,475
SECTION 3321.01 OF THE REVISED CODE, AND WHO HAS NOT ENTERED 2,477
KINDERGARTEN. 2,478
(H) "DPIA ADM" means the five-year average of the number 2,481
of children ages five to seventeen years residing in the school 2,482
district and living in a family receiving family assistance, as 2,484
certified or adjusted under section 3317.10 of the Revised Code 2,485
COUNTY MR/DD BOARD" MEANS A COUNTY BOARD OF MENTAL RETARDATION 2,487
AND DEVELOPMENTAL DISABILITIES. 2,488
(I)(1) "DPIA percentage" means a school district's DPIA 2,491
ADM for the fiscal year divided by the district's three-year 2,492
average formula ADM for that fiscal year. 2,494
(2) "Three-year average formula ADM" means the average of 2,497
the district's formula ADM for the current and preceding two 2,499
fiscal years, provided that in fiscal years 1999 and 2000, the 2,500
department shall calculate this average utilizing the district's 2,501
ADM reported for fiscal years 1997 and 1998 pursuant to division 2,502
(A) of section 3317.03 of the Revised Code, minus one-half the 2,504
kindergarten students "RECOGNIZED VALUATION" MEANS THE AMOUNT 2,507
CALCULATED FOR A SCHOOL DISTRICT PURSUANT TO SECTION 3317.015 OF 2,508
THE REVISED CODE. 2,509
(J) "Transportation ADM" means the number of children 2,513
reported under division (B)(9) of section 3317.03 of the Revised 2,515
Code. 2,516
(K) "Most efficient transportation use cost per 2,518
TRANSPORTED student" for a district means the most efficient cost 2,520
per transported student for that district as developed A 2,521
57
STATISTICAL REPRESENTATION OF TRANSPORTATION COSTS AS CALCULATED 2,522
under division (D)(4) of section 3317.022 of the Revised Code. 2,524
(L) "Taxes charged and payable" means the taxes charged 2,526
and payable against real and public utility property after making 2,527
the reduction required by section 319.301 of the Revised Code, 2,528
plus the taxes levied against tangible personal property. 2,529
(M) "Total taxable value" means the sum of the amounts 2,533
certified for a city, local, exempted village, or joint 2,534
vocational school district under divisions (A)(1) and (2) of 2,535
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 2,537
indicated in this division for the county in which the district 2,538
is located, adjusted in accordance with division (N)(2) of this 2,540
section. If the district is located in more than one county, the 2,541
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 2,542
COST-OF-DOING-BUSINESS 2,544
COUNTY FACTOR AMOUNT 2,545
Adams 1.0100 2,549
Allen 1.0272 2,550
Ashland 1.0362 2,551
Ashtabula 1.0540 2,552
Athens 1.0040 2,553
Auglaize 1.0300 2,554
Belmont 1.0101 2,555
Brown 1.0218 2,556
Butler 1.0662 2,557
Carroll 1.0180 2,558
Champaign 1.0432 2,559
Clark 1.0489 2,560
Clermont 1.0498 2,561
Clinton 1.0287 2,562
Columbiana 1.0320 2,563
Coshocton 1.0224 2,564
58
Crawford 1.0174 2,565
Cuyahoga 1.0725 2,566
Darke 1.0360 2,567
Defiance 1.0214 2,568
Delaware 1.0512 2,569
Erie 1.0414 2,570
Fairfield 1.0383 2,571
Fayette 1.0281 2,572
Franklin 1.0548 2,573
Fulton 1.0382 2,574
Gallia 1.0000 2,575
Geauga 1.0608 2,576
Greene 1.0418 2,577
Guernsey 1.0091 2,578
Hamilton 1.0750 2,579
Hancock 1.0270 2,580
Hardin 1.0384 2,581
Harrison 1.0111 2,582
Henry 1.0389 2,583
Highland 1.0177 2,584
Hocking 1.0164 2,585
Holmes 1.0275 2,586
Huron 1.0348 2,587
Jackson 1.0176 2,588
Jefferson 1.0090 2,589
Knox 1.0276 2,590
Lake 1.0627 2,591
Lawrence 1.0154 2,592
Licking 1.0418 2,593
Logan 1.0376 2,594
Lorain 1.0573 2,595
Lucas 1.0449 2,596
Madison 1.0475 2,597
Mahoning 1.0465 2,598
59
Marion 1.0289 2,599
Medina 1.0656 2,600
Meigs 1.0016 2,601
Mercer 1.0209 2,602
Miami 1.0456 2,603
Monroe 1.0152 2,604
Montgomery 1.0484 2,605
Morgan 1.0168 2,606
Morrow 1.0293 2,607
Muskingum 1.0194 2,608
Noble 1.0150 2,609
Ottawa 1.0529 2,610
Paulding 1.0216 2,611
Perry 1.0185 2,612
Pickaway 1.0350 2,613
Pike 1.0146 2,614
Portage 1.0595 2,615
Preble 1.0523 2,616
Putnam 1.0308 2,617
Richland 1.0232 2,618
Ross 1.0111 2,619
Sandusky 1.0361 2,620
Scioto 1.0082 2,621
Seneca 1.0265 2,622
Shelby 1.0274 2,623
Stark 1.0330 2,624
Summit 1.0642 2,625
Trumbull 1.0465 2,626
Tuscarawas 1.0109 2,627
Union 1.0488 2,628
Van Wert 1.0181 2,629
Vinton 1.0065 2,630
Warren 1.0678 2,631
Washington 1.0124 2,632
60
Wayne 1.0446 2,633
Williams 1.0316 2,634
Wood 1.0431 2,635
Wyandot 1.0227 2,636
(2) As used in this division, "multiplier" means the 2,639
number for the corresponding fiscal year as follows: 2,640
FISCAL YEAR OF THE 2,642
COMPUTATION MULTIPLIER 2,643
1998 9.6/7.5 2,645
1999 11.0/7.5 2,646
2000 12.4/7.5 2,647
2001 13.8/7.5 2,648
2002 15.2/7.5 2,649
2003 16.6/7.5 2,650
2004 and thereafter 18.0/7.5 2,651
Beginning in fiscal year 1998, the department shall 2,654
annually adjust the cost-of-doing-business factor for each county 2,656
in accordance with the following formula: 2,657
[(The cost-of-doing-business factor specified under 2,659
division (N)(1) of this section - 1) X (the multiplier 2,660
for the fiscal year of the calculation)< + 1 2,661
The result of such formula shall be the adjusted 2,663
cost-of-doing-business factor for that fiscal year. 2,664
(O) "Tax exempt value" of a school district means the 2,666
amount certified for a school district under division (A)(4) of 2,667
section 3317.021 of the Revised Code. 2,668
(P) "Potential value" of a school district means the 2,670
adjusted total taxable value of a school district plus the tax 2,672
exempt value of the district. 2,673
(Q) "District median income" means the median Ohio 2,675
adjusted gross income certified for a school district. On or 2,676
before the first day of July of each year, the tax commissioner 2,677
shall certify to the department of education for each city, 2,678
exempted village, and local school district the median Ohio 2,679
61
adjusted gross income of the residents of the school district 2,680
determined on the basis of tax returns filed for the second 2,681
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 2,683
median income of all city, exempted village, and local school 2,685
districts in the state.
(S) "Income factor" for a city, exempted village, or local 2,687
school district means the quotient obtained by dividing that 2,689
district's median income by the statewide median income. 2,690
(T) "Valuation EXCEPT AS PROVIDED IN DIVISION (B)(3) OF 2,692
SECTION 3317.012 OF THE REVISED CODE, "VALUATION per pupil" for a 2,693
city, exempted village, or local school district means the 2,695
district's recognized valuation divided by THE GREATER OF the 2,696
district's formula ADM OR THREE-YEAR AVERAGE FORMULA ADM. 2,698
(U) Except as provided in section 3317.0213 of the Revised 2,701
Code, "adjusted valuation per pupil" means the amount calculated 2,703
in accordance with the following formula: 2,704
District valuation per pupil - [$60,000 X 2,706
(1 - district income factor)< 2,707
If the result of such formula is negative, the adjusted 2,709
valuation per pupil shall be zero. 2,710
(V) "Income adjusted valuation" means the product obtained 2,712
by multiplying the district's adjusted valuation per pupil by THE 2,713
GREATER OF the district's formula ADM OR THREE-YEAR AVERAGE 2,715
FORMULA ADM.
(W) "Adjusted EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 2,717
SECTION 3317.022 OF THE REVISED CODE, "ADJUSTED total taxable 2,718
value" means one of the following: 2,719
(1) In any fiscal year that a district's income factor is 2,721
less than or equal to one, the amount calculated under the 2,722
following formula:
(Income adjusted valuation X 1/5) + 2,724
(recognized valuation X 4/5) 2,725
(2) In fiscal year 1999, if a district's income factor is 2,728
62
greater than one, the amount calculated under the following 2,729
formula: 2,730
(Income adjusted valuation X 1/15) 2,732
+ (recognized valuation X 14/15) 2,733
Thereafter, the adjusted total taxable value of a district 2,735
with an income factor greater than one shall be its recognized 2,737
valuation.
(X) "Recognized valuation" means the amount calculated for 2,739
a school district pursuant to section 3317.015 of the Revised 2,742
Code.
(Y) "County MR/DD board" means a county board of mental 2,746
retardation and developmental disabilities. 2,747
(Z) "Handicapped preschool child" means a handicapped 2,750
child, as defined in section 3323.01 of the Revised Code, who is 2,752
at least age three but is not of compulsory school age, as 2,753
defined in section 3321.01 of the Revised Code, and who has not 2,755
entered kindergarten. 2,756
(AA) "FY 1997 or FY 1998 ADM" means for either fiscal 2,760
year, as applicable, the district's average daily membership as 2,761
described by division (A) of former section 3317.02 of the 2,762
Revised Code, plus the district's average daily membership based 2,764
upon full-time equivalency in approved vocational units as
certified by the district under division (A)(2) of former section 2,766
3317.03 of the Revised Code and the district's average daily 2,768
membership of all handicapped children, except for preschool 2,770
handicapped children, in classes in the district as certified
under division (a)(3) of former section 3317.03 of the Revised 2,772
Code, as those divisions and sections existed in the applicable 2,774
fiscal year.
Sec. 3317.021. (A) On or before the first day of June of 2,783
each year, the tax commissioner shall certify to the department 2,784
of education the following information for each city, exempted 2,785
village, and local school district and the information required 2,786
by divisions (A)(1) and (2) of this section for each joint 2,787
63
vocational school district, and it shall be used, along with the 2,788
information certified under division (B) of this section, in 2,789
making the computations for the district under section 3317.022 2,790
or 3317.16 of the Revised Code: 2,791
(1) The taxable value of real and public utility real 2,793
property in the school district subject to taxation in the 2,794
preceding tax year, by class and by county of location; 2,795
(2) The taxable value of tangible personal property, 2,797
including public utility personal property, subject to taxation 2,798
by the district for the preceding tax year; 2,799
(3) The total property tax rate and total taxes charged 2,801
and payable for the current expenses for the preceding tax year 2,802
and the total property tax rate and the total taxes charged and 2,803
payable to a joint vocational district for the preceding tax year 2,804
that are limited to or to the extent apportioned to current 2,805
expenses; 2,806
(4) The value of all real and public utility real property 2,808
in the school district exempted from taxation minus both of the 2,809
following: 2,810
(a) The value of real and public utility real property in 2,812
the district owned by the United States government and used 2,813
exclusively for a public purpose; 2,814
(b) The value of real and public utility real property in 2,816
the district exempted from taxation under Chapter 725. or 1728. 2,817
or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 2,818
5709.73, or 5709.78 of the Revised Code. 2,819
(5) The total effective operating tax rate for the 2,821
district IN THE TAX YEAR FOR WHICH THE MOST RECENT DATA ARE 2,822
AVAILABLE.
(B) On or before the first day of May each year, the tax 2,824
commissioner shall certify to the department of education the 2,825
total taxable real property value of railroads and, separately, 2,826
the total taxable tangible personal property value of all public 2,827
utilities for the preceding tax year, by school district and by 2,828
64
county of location. 2,829
(C) If on the basis of the information certified under 2,831
division (A) of this section, the department determines that any 2,832
district fails in any year to meet the qualification requirement 2,833
specified in division (A) of section 3317.01 of the Revised Code, 2,834
the department shall immediately request the tax commissioner to 2,835
determine the extent to which any school district income tax 2,836
levied by the district under Chapter 5748. of the Revised Code 2,837
shall be included in meeting that requirement. Within five days 2,838
of receiving such a request from the department, the tax 2,839
commissioner shall make the determination required by this 2,840
division and report the quotient obtained under division (C)(3) 2,841
of this section to the department. This quotient represents the 2,842
number of mills that the department shall include in determining 2,843
whether the district meets the qualification requirement of 2,844
division (A) of section 3317.01 of the Revised Code. 2,845
The tax commissioner shall make the determination required 2,847
by this division as follows: 2,848
(1) Multiply one mill times the total taxable value of the 2,850
district as determined in divisions (A)(1) and (2) of this 2,851
section; 2,852
(2) Estimate the total amount of tax liability for the 2,854
current tax year under taxes levied by Chapter 5748. of the 2,855
Revised Code that are apportioned to current operating expenses 2,856
of the district; 2,857
(3) Divide the amount estimated under division (C)(2) of 2,859
this section by the product obtained under division (C)(1) of 2,860
this section. 2,861
(D) As used in this section: 2,863
(1) "Class I taxes charged and payable for current 2,866
expenses" means taxes charged and payable for current expenses on
land and improvements classified as residential/agricultural real 2,867
property under section 5713.041 of the Revised Code. 2,869
(2) "Class I taxable value" means the taxable value of 2,872
65
land and improvements classified as residential/agricultural real 2,873
property under section 5713.041 of the Revised Code. 2,874
(3) "Class I effective operating tax rate" of a school 2,877
district means the quotient obtained by dividing the school 2,878
district's Class I taxes charged and payable for current expenses 2,879
by the district's Class I taxable value.
(4) "Income tax equivalent tax rate" of a school district 2,881
means the quotient obtained by dividing the income tax liability 2,883
for the most recently concluded REVENUE DISBURSED DURING THE 2,884
CURRENT FISCAL year under any tax levied pursuant to Chapter 2,885
5748. of the Revised Code by total taxable value of the district 2,887
to the extent the revenue from the tax is allocated or
apportioned to current expenses. 2,888
(5) "Total effective operating tax rate" means the sum of 2,891
the Class I effective operating tax rate and the income tax 2,893
equivalent tax rate.
(6) "State taxable value per pupil" means the quotient 2,896
obtained by dividing the total taxable value of all city, local, 2,897
and exempted village school districts in this state by the sum of 2,898
the formula ADMs of all city, local, and exempted village school 2,899
districts in this state.
Sec. 3317.022. (A)(1) The department of education shall 2,908
compute and distribute state basic aid to each school district 2,910
for the fiscal year in accordance with the following formula, 2,911
using adjusted total taxable value as defined under division (W) 2,913
of section 3317.02 of the Revised Code OR DIVISION (A)(2) OF THIS 2,914
SECTION and the information obtained under section 3317.021 of 2,915
the Revised Code in the calendar year in which the fiscal year 2,916
begins.
Compute the following for each eligible district: 2,918
([cost-of-doing-business factor X 2,919
the formula amount X (THE GREATER OF formula ADM 2,920
OR THREE-YEAR AVERAGE FORMULA ADM)< - 2,921
(.023 X adjusted total taxable value) 2,922
66
If the difference obtained is a negative number, the 2,924
district's computation shall be zero. 2,925
(2)(a) For each school district for which the tax exempt 2,928
value of the district equals or exceeds twenty-five per cent of 2,929
the potential value of the district, the department of education 2,930
shall calculate the difference between the district's tax exempt 2,931
value and twenty-five per cent of the district's potential value. 2,932
(b) For each school district to which division (A)(2)(a) 2,935
of this section applies, the adjusted total taxable value used in 2,936
the calculation under division (A)(1) of this section shall be 2,937
the adjusted total taxable value modified by subtracting the 2,938
amount calculated under division (A)(2)(a) of this section. 2,939
(B) As used in division (C) of this section and in section 2,942
3317.024 of the Revised Code:
(1) The "total special education weight" for a district 2,944
means the sum of the following amounts: 2,945
(a) The district's category one special education ADM 2,947
multiplied by the multiple specified under division (A) of 2,950
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 2,952
three special education ADMs multiplied by the multiple specified 2,954
under division (B) of section 3317.013 of the Revised Code. 2,955
(2) "State share percentage" means the percentage 2,957
calculated for a district as follows: 2,958
(a) Calculate the basic aid amount for the district for 2,960
the fiscal year under division (A) of this section. If the 2,962
district would not receive any state basic aid for that year
under that division, the district's state share percentage is 2,963
zero.
(b) If the district would receive basic aid under that 2,965
division, divide that basic aid amount by an amount equal to the 2,966
following: 2,967
Cost-of-doing-business factor X 2,969
the formula amount X (THE GREATER OF formula 2,970
67
ADM OR THREE-YEAR AVERAGE FORMULA ADM) 2,971
The resultant number is the district's state share 2,974
percentage. 2,975
(3) "RELATED SERVICES" INCLUDES: 2,978
(a) CHILD STUDY, SPECIAL EDUCATION SUPERVISORS AND 2,980
COORDINATORS, SPEECH AND HEARING SERVICES, ADAPTIVE PHYSICAL 2,981
DEVELOPMENT SERVICES, AND OCCUPATIONAL OR PHYSICAL THERAPY, AS 2,982
THOSE TERMS ARE DEFINED BY THE DEPARTMENT; 2,983
(b) SPEECH AND LANGUAGE SERVICES PROVIDED TO ANY STUDENT 2,986
WITH A HANDICAP, INCLUDING ANY STUDENT WHOSE PRIMARY OR ONLY 2,987
HANDICAP IS A SPEECH AND LANGUAGE HANDICAP;
(c) ANY RELATED SERVICE NOT SPECIFICALLY COVERED BY OTHER 2,990
STATE FUNDS BUT SPECIFIED IN FEDERAL LAW, INCLUDING BUT NOT 2,991
LIMITED TO, AUDIOLOGY AND PSYCHOLOGY;
(d) ANY SERVICE INCLUDED IN UNITS FUNDED UNDER FORMER 2,994
DIVISION (O)(1) OF SECTION 3317.023 OF THE REVISED CODE. 2,996
(C)(1) The department shall compute and distribute state 2,998
basic special education AND RELATED SERVICES ADDITIONAL WEIGHTED 2,999
COSTS funds to each school district in accordance with the 3,000
following formula:
The district's state share percentage 3,002
X seven-eighths of the formula amount for the year 3,003
for which the aid is calculated 3,004
X the district's total special education weight 3,005
(2) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 3,007
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND ON RELATED 3,009
SERVICES THE LESSER OF THE FOLLOWING: 3,010
(a) THE AMOUNT THE DISTRICT SPENT ON RELATED SERVICES IN 3,013
THE PRECEDING FISCAL YEAR;
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 3,017
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 3,018
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 3,020
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (C)(1) 3,022
OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND 3,023
68
RELATED SERVICES ADDITIONAL WEIGHTED COSTS 3,024
(3) THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 3,026
SERVICES ADDITIONAL WEIGHTED COSTS EQUALS: 3,027
(1 - THE DISTRICT'S STATE SHARE PERCENTAGE) X 3,029
THE DISTRICT'S TOTAL SPECIAL EDUCATION WEIGHT X 3,030
THE FORMULA AMOUNT 3,031
(4) The department shall compute and pay in accordance 3,034
with this division additional state aid to school districts for 3,035
students in category three special education ADM. If a 3,036
district's costs for the fiscal year for a student in its 3,037
category three special education ADM are twenty-five thousand 3,039
dollars or more, the district may submit to the superintendent of 3,040
public instruction documentation, as prescribed by the 3,041
superintendent, of all its costs for that student. Upon 3,042
submission of documentation for a student of the type and in the 3,043
manner prescribed, the department shall pay to the district an 3,044
amount equal to the district's costs for the student in excess of 3,045
twenty-five thousand dollars multiplied by the district's state 3,046
share percentage.
(D)(1) As used in this division, "log density" means a 3,048
statistical representation of the most efficient transportation 3,049
use cost per transported student for each district based on a 3,050
statewide analysis THE LOGARITHMIC CALCULATION (BASE 10) of each 3,051
district's transportation ADM per linear mile. 3,052
(2) In addition to funds paid under divisions (A) and (C) 3,055
of this section, each district shall receive a payment equal to
sixty per cent of the district's transportation ADM times the 3,056
district's most efficient transportation use cost per transported 3,057
student.
(3) In fiscal years 1999 through 2002, notwithstanding the 3,059
amount calculated for each district under division (D)(2) of this 3,060
section, each district shall receive in the corresponding fiscal 3,061
year the following percentage of the district's transportation 3,062
ADM times the district's most efficient transportation use cost 3,063
69
per transported student:
FISCAL YEAR PERCENTAGE 3,065
1999 50% 3,066
2000 52.5% 3,067
2001 55% 3,068
2002 57.5% 3,069
(4) For purposes of funding the student transportation 3,073
portion, the department of education shall determine the most 3,074
efficient transportation use cost per transported student for 3,075
each school district. This cost per student shall be an amount 3,076
equal to the number ten to a power calculated in accordance with 3,077
the following formula:
(-0.413148 X log density) + 2.493129 3,079
(5) The department of education shall biennially ANNUALLY 3,081
update the most efficient transportation use cost per transported 3,083
student for each district in accordance with the formula in 3,084
division (D)(4) of this section, including the figures and log 3,085
density component of that formula, based on a AN ANNUAL statewide 3,086
analysis of each district's transportation ADM per linear mile, 3,088
and shall notify the office of budget and management of such
update by September of each even-numbered EVERY year. 3,089
THE DEPARTMENT OF EDUCATION SHALL USE THE MOST RECENT 3,091
AVAILABLE DATA AS OF THE FIRST DAY OF JULY OF EACH YEAR TO 3,092
COMPLETE THE ANNUAL UPDATE. THE DEPARTMENT SHALL APPLY A 2.8 PER 3,093
CENT INFLATION COST ADJUSTMENT FACTOR FOR EACH FISCAL YEAR SINCE 3,094
THE FISCAL YEAR FOR WHICH THE DATA APPLIES TO ADJUST THE AMOUNT 3,095
CALCULATED FOR EACH DISTRICT UNDER DIVISION (D)(2) OR (3) OF THIS 3,096
SECTION TO THE CURRENT FISCAL YEAR LEVEL.
(6) IN ADDITION TO FUNDS PAID UNDER DIVISION (D)(2) OR (3) 3,098
OF THIS SECTION, EACH DISTRICT SHALL RECEIVE IN ACCORDANCE WITH 3,100
RULES ADOPTED BY THE STATE BOARD OF EDUCATION A PAYMENT FOR 3,101
STUDENTS TRANSPORTED BY MEANS OTHER THAN BOARD-OWNED OR 3,102
CONTRACTOR-OPERATED BUSES AND WHOSE TRANSPORTATION IS NOT FUNDED 3,103
UNDER DIVISION (J) OF SECTION 3317.024 OF THE REVISED CODE. THE 3,104
70
RULES SHALL INCLUDE PROVISIONS FOR SCHOOL DISTRICT REPORTING OF 3,105
SUCH STUDENTS.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 3,114
the Revised Code, the amounts required to be paid to a district 3,115
under that section THIS CHAPTER shall be adjusted by the amount 3,116
of the computations made under divisions (B) to (J)(K) of this 3,117
section. 3,118
As used in this section: 3,120
(1) "Classroom teacher" means a licensed employee who 3,122
provides direct instruction to pupils, excluding teachers funded 3,123
from money paid to the district from federal sources; educational 3,124
service personnel; and vocational and special education teachers. 3,125
(2) "Educational service personnel" shall not include such 3,127
specialists funded from money paid to the district from federal 3,128
sources or assigned full-time to vocational or special education 3,129
students and classes and may only include those persons employed 3,130
in the eight specialist areas in a pattern approved by the 3,131
department of education under guidelines established by the state 3,132
board of education. 3,133
(3) "Annual salary" means the annual base salary stated in 3,135
the state minimum salary schedule for the performance of the 3,136
teacher's regular teaching duties that the teacher earns for 3,137
services rendered for the first full week of October of the 3,138
fiscal year for which the adjustment is made under division (C) 3,140
of this section. It shall not include any salary payments for 3,141
supplemental teachers contracts. 3,142
(4) "Regular student population" means the formula ADM 3,145
PLUS THE NUMBER OF STUDENTS REPORTED AS ENROLLED IN THE DISTRICT 3,146
PURSUANT TO DIVISION (A)(1) OF SECTION 3313.981 OF THE REVISED 3,147
CODE; minus the number of students reported under division (A)(2) 3,149
of section 3317.03 of the Revised Code and; minus the FTE of 3,150
students reported under division (B)(5), (6), (7), or (8) of that 3,151
section who are enrolled in a vocational education class or 3,152
receiving special education,; and minus one-fourth of the 3,153
71
students enrolled concurrently in a joint vocational school 3,154
district.
(B) If the district employs less than one full-time 3,156
equivalent classroom teacher for each twenty-five pupils in the 3,158
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 3,161
(1) Divide the number of the district's full-time 3,163
equivalent classroom teachers employed by one twenty-fifth; 3,164
(2) Subtract the quotient in (1) from the district's 3,166
regular student population; 3,167
(3) Multiply the difference in (2) by seven hundred 3,169
fifty-two dollars. 3,170
(C) If a positive amount, add one-half of the amount 3,172
obtained by multiplying the number of full-time equivalent 3,173
classroom teachers by: 3,174
(1) The mean annual salary of all full-time equivalent 3,176
classroom teachers employed by the district at their respective 3,177
training and experience levels minus; 3,178
(2) The mean annual salary of all such teachers at their 3,180
respective levels in all school districts receiving payments 3,181
under this section. 3,182
The number of full-time equivalent classroom teachers used 3,184
in this computation shall not exceed one twenty-fifth of the 3,185
district's regular student population. In calculating the 3,187
district's mean salary under this division, those full-time 3,188
equivalent classroom teachers with the highest training level 3,189
shall be counted first, those with the next highest training 3,190
level second, and so on, in descending order. Within the 3,191
respective training levels, teachers with the highest years of 3,192
service shall be counted first, the next highest years of service 3,193
second, and so on, in descending order.
(D) This division does not apply to a school district that 3,196
has entered into an agreement under division (A) of section 3,197
3313.42 of the Revised Code. Deduct the amount obtained from the 3,198
72
following computations if the district employs fewer than five 3,199
full-time equivalent educational service personnel, including 3,200
elementary school art, music, and physical education teachers, 3,201
counselors, librarians, visiting teachers, school social workers, 3,202
and school nurses for each one thousand pupils in the regular 3,204
student population: 3,205
(1) Divide the number of full-time equivalent educational 3,207
service personnel employed by the district by five 3,208
one-thousandths; 3,209
(2) Subtract the quotient in (1) from the district's 3,211
regular student population; 3,212
(3) Multiply the difference in (2) by ninety-four dollars. 3,214
(E) If a local school district, or a city or exempted 3,216
village school district to which a governing board of an 3,218
educational service center provides services pursuant to section 3,219
3313.843 of the Revised Code, deduct the amount of the payment 3,220
required for the reimbursement of the governing board under 3,221
section 3317.11 of the Revised Code. 3,222
(F)(1) If the district is required to pay to or entitled 3,224
to receive tuition from another school district under division 3,225
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 3,226
Revised Code, or if the superintendent of public instruction is 3,227
required to determine the correct amount of tuition and make a 3,228
deduction or credit under section 3317.08 of the Revised Code, 3,229
deduct and credit such amounts as provided in division (I) of 3,230
section 3313.64 or section 3317.08 of the Revised Code. 3,231
(2) For each child for whom the district is responsible 3,233
for tuition or payment under division (A)(1) of section 3317.082 3,234
or section 3323.091 of the Revised Code, deduct the amount of 3,236
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 3,238
superintendent of public instruction under section 3313.90 of the 3,239
Revised Code as not in compliance with the requirements of that 3,240
section, deduct an amount equal to ten per cent of the amount 3,241
73
computed for the district under section 3317.022 of the Revised 3,242
Code. 3,243
(H) If the district has received a loan from a commercial 3,246
lending institution for which payments are made by the 3,247
superintendent of public instruction pursuant to division (E)(3) 3,248
of section 3313.483 of the Revised Code, deduct an amount equal 3,249
to such payments. 3,250
(I)(1) If the district is a party to an agreement entered 3,252
into under division (D), (E), or (F) of section 3311.06 or 3,253
division (B) of section 3311.24 of the Revised Code and is 3,254
obligated to make payments to another district under such an 3,255
agreement, deduct an amount equal to such payments if the 3,256
district school board notifies the department in writing that it 3,257
wishes to have such payments deducted. 3,258
(2) If the district is entitled to receive payments from 3,260
another district that has notified the department to deduct such 3,261
payments under division (I)(1) of this section, add the amount of 3,263
such payments. 3,264
(J) If the district is required to pay an amount of funds 3,266
to a cooperative education district pursuant to a provision 3,267
described by division (B)(4) of section 3311.52 or division 3,268
(B)(8) of section 3311.521 of the Revised Code, deduct such 3,269
amounts as provided under that provision and credit those amounts 3,270
to the cooperative education district for payment to the district 3,271
under division (B)(1) of section 3317.19 of the Revised Code. 3,272
(K)(1) IF A DISTRICT IS EDUCATING A STUDENT ENTITLED TO 3,274
ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO A SHARED EDUCATION 3,275
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT OTHER THAN 3,276
AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 3313.842 OF THE 3,277
REVISED CODE, CREDIT TO THAT EDUCATING DISTRICT ON AN FTE BASIS 3,278
BOTH OF THE FOLLOWING:
(a) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE COST 3,280
OF DOING BUSINESS FACTOR OF THE SCHOOL DISTRICT WHERE THE STUDENT 3,281
IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3,282
74
3313.65 OF THE REVISED CODE; 3,283
(b) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE STATE 3,285
SHARE PERCENTAGE TIMES ANY MULTIPLE APPLICABLE TO THE STUDENT 3,286
PURSUANT TO SECTION 3317.013 OF THE REVISED CODE. 3,287
(2) DEDUCT ANY AMOUNT CREDITED PURSUANT TO DIVISION (K)(1) 3,289
OF THIS SECTION FROM AMOUNTS PAID TO THE SCHOOL DISTRICT IN WHICH 3,290
THE STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3,291
3313.64 OR 3313.65 OF THE REVISED CODE. 3,292
(3) IF THE DISTRICT IS REQUIRED BY A SHARED EDUCATION 3,294
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT TO MAKE 3,295
PAYMENTS TO AN EDUCATIONAL SERVICE CENTER, DEDUCT THE AMOUNTS 3,296
FROM PAYMENTS TO THE DISTRICT AND ADD THEM TO THE AMOUNTS PAID TO 3,297
THE SERVICE CENTER PURSUANT TO SECTION 3317.11 OF THE REVISED
CODE.
Sec. 3317.024. In addition to the moneys paid to eligible 3,306
school districts pursuant to section 3317.022 of the Revised 3,308
Code, moneys appropriated for the education programs in divisions 3,309
(A) to (L), and (O) to (Q), AND (P) of this section shall be 3,311
distributed to school districts meeting the requirements of 3,312
section 3317.01 of the Revised Code; in the case of divisions (I) 3,313
and (J) AND, IN FISCAL YEAR 1999 ONLY, DIVISION (P)(1) of this 3,314
section, to educational service centers as provided in section 3,315
3317.11 of the Revised Code; in the case of division DIVISIONS 3,317
(E), (M), AND (N) of this section, to county MR/DD boards; in the 3,319
case of division (I) of this section, to joint vocational and 3,320
cooperative education school districts; in the case of division 3,321
(K) of this section, to cooperative education school districts; 3,323
in the case of divisions (M) and (N) of this section, to county 3,325
MR/DD boards; and in the case of division (R)(Q) of this section, 3,326
to the institutions defined under section 3317.082 of the Revised 3,327
Code providing elementary or secondary education programs to 3,328
children other than children receiving special education under 3,329
section 3323.091 of the Revised Code. The following shall be 3,330
distributed monthly, quarterly, or annually as may be determined 3,331
75
by the state board of education: 3,332
(A)(1) An amount for related services equal to one-eighth 3,335
of the district's total special education weight times the 3,337
formula amount times the district's state share percentage. 3,338
(2) In any fiscal year, a school district receiving funds 3,340
under this division shall spend on related services at least the 3,342
lesser of:
(a) The amount the district spent on related services in 3,345
the preceding fiscal year;
(b) The sum of the amount it receives under this division 3,348
in state funds plus an amount equal to the local share of related 3,349
services costs.
(3) As used in this division: 3,351
(a) "Local share of related services costs" equals the 3,354
amount calculated under the following formula: 3,355
[(1 minus the district's state share) X 3,357
1/8 of the district's total special education weight X 3,358
the formula amount< 3,359
(b) "Related services" means programs and services related 3,362
to the provision of special education to handicapped students, 3,363
and includes child study; special education supervisors and 3,364
coordinators; speech and hearing services; adaptive physical 3,365
development services; and occupational or physical therapy, as 3,366
those terms are defined by the department of education A PER 3,368
PUPIL AMOUNT TO EACH SCHOOL DISTRICT THAT ESTABLISHES A SUMMER 3,369
SCHOOL REMEDIATION PROGRAM THAT COMPLIES WITH RULES OF THE STATE 3,370
BOARD OF EDUCATION.
(B) An amount for each island school district and each 3,372
joint state school district for the operation of each high school 3,373
and each elementary school maintained within such district and 3,374
for capital improvements for such schools. Such amounts shall be 3,375
determined on the basis of standards adopted by the state board 3,376
of education. 3,377
(C) An amount for each school district operating classes 3,379
76
for children of migrant workers who are unable to be in 3,380
attendance in an Ohio school during the entire regular school 3,381
year. The amounts shall be determined on the basis of standards 3,382
adopted by the state board of education, except that payment 3,383
shall be made only for subjects regularly offered by the school 3,384
district providing the classes. 3,385
(D) An amount for each school district with guidance, 3,387
testing, and counseling programs approved by the state board of 3,388
education. The amount shall be determined on the basis of 3,389
standards adopted by the state board of education. 3,390
(E) An amount for the emergency purchase of school buses 3,392
as provided for in section 3317.07 of the Revised Code; 3,393
(F) An amount for each school district required to pay 3,395
tuition for a child in an institution maintained by the 3,396
department of youth services pursuant to section 3317.082 of the 3,397
Revised Code, provided the child was not included in the 3,399
calculation of the district's average daily membership for the 3,400
preceding school year.
(G) An amount to each school district for supplemental 3,402
salary allowances for each licensed employee except those 3,404
licensees serving as superintendents, assistant superintendents, 3,405
principals, or assistant principals, whose term of service in any 3,406
year is extended beyond the term of service of regular classroom 3,407
teachers, as described in section 3301.0725 of the Revised Code; 3,408
(H) An amount for adult basic literacy education for each 3,410
district participating in programs approved by the state board of 3,411
education. The amount shall be determined on the basis of 3,412
standards adopted by the state board of education. 3,413
(I) Notwithstanding section 3317.01 of the Revised Code, 3,415
to each city, local, and exempted village school district, an 3,416
amount pursuant to section 3301.17 of the Revised Code for 3,417
conducting driver education courses at high schools for which the 3,418
state board of education prescribes minimum standards and to 3,419
joint vocational and cooperative education school districts and 3,421
77
educational service centers, an amount pursuant to such section 3,422
for conducting driver education courses to pupils enrolled in a 3,423
high school for which the state board prescribes minimum 3,424
standards;
(J) An amount for the approved cost of transporting 3,426
developmentally handicapped pupils whom it is impossible or 3,427
impractical to transport by regular school bus in the course of 3,428
regular route transportation provided by the district or service 3,429
center. No district or service center is eligible to receive a 3,430
payment under this division for the cost of transporting any 3,432
pupil whom it transports by regular school bus and who is 3,433
included in the district's transportation ADM. The state board 3,434
of education shall establish standards and guidelines for use by 3,435
the department of education in determining the approved cost of 3,436
such transportation for each district or service center. 3,437
(K) An amount to each school district, including each 3,439
cooperative education school district, pursuant to section 3,440
3313.81 of the Revised Code to assist in providing free lunches 3,441
to needy children and an amount to assist needy school districts 3,442
in purchasing necessary equipment for food preparation. The 3,443
amounts shall be determined on the basis of rules adopted by the 3,444
state board of education. 3,445
(L) An amount to each school district, for each pupil 3,447
attending a chartered nonpublic elementary or high school within 3,448
the district. The amount shall equal the amount appropriated for 3,449
the implementation of section 3317.06 of the Revised Code divided 3,450
by the average daily membership in grades kindergarten through 3,451
twelve in nonpublic elementary and high schools within the state 3,452
as determined during the first full week in October of each 3,453
school year. 3,454
(M) An amount for each county MR/DD board, distributed on 3,457
the basis of standards adopted by the state board of education, 3,458
for the approved cost of transportation required for children 3,459
attending special education programs operated by the county MR/DD 3,460
78
board under section 3323.09 of the Revised Code; 3,461
(N) An amount for each county MR/DD board, distributed on 3,464
the basis of standards adopted by the state board of education, 3,465
for supportive home services for preschool children; 3,466
(O) An amount for each school district that establishes a 3,468
mentor teacher program that complies with rules of the state 3,469
board of education. No school district shall be required to 3,470
establish or maintain such a program in any year unless 3,471
sufficient funds are appropriated to cover the district's total 3,472
costs for the program.
(P) A per pupil amount to each school district that 3,474
establishes a summer school remediation program that complies 3,475
with rules of the state board of education; 3,476
(Q)(1) For fiscal year 1999 only, an amount to each school 3,479
district or educational service center for the total number of 3,480
gifted units approved pursuant to section 3317.05 of the Revised 3,481
Code. The amount for each such unit shall be the sum of the 3,482
minimum salary for the teacher of the unit, calculated on the 3,483
basis of the teacher's training level and years of experience 3,484
pursuant to section 3317.13 of the Revised Code, plus fifteen per 3,485
cent of that minimum salary amount, plus two thousand six hundred 3,486
seventy-eight dollars. 3,487
(2) Beginning with fiscal year 2000, an amount for each 3,489
school district for programs for gifted students calculated under 3,491
the following formula:
[.10 (formula ADM) 3,493
multiplied by .10 (formula amount)< 3,494
No money shall be distributed to a school district under 3,496
division (Q)(2) of this section in any fiscal year unless the 3,498
superintendent has on file by the first day of that year a 3,499
district plan specifying the manner in which funds will be 3,500
utilized to serve gifted students and the method for selecting 3,501
students to participate in gifted programs and activities. 3,502
(3) Prior to October 1, 1998, the THE general assembly 3,505
79
shall INTENDS TO begin a review and revision of the funding 3,506
formula for gifted education services IN 1999. The analysis and 3,507
any resulting calculations shall be based upon a rational 3,509
methodology for calculating the cost of adequate gifted education 3,510
services. The analysis shall use data generated by a study
funded through the department of education. 3,511
(R)(Q) An amount to each institution defined under section 3,514
3317.082 of the Revised Code providing elementary or secondary 3,516
education to children other than children receiving special 3,517
education under section 3323.091 of the Revised Code. This 3,518
amount for any institution in any fiscal year shall equal the 3,519
total of all tuition amounts required to be paid to the 3,520
institution under division (A)(1) of section 3317.082 of the 3,522
Revised Code.
The state board of education or any other board of 3,524
education or governing board may provide for any resident of a 3,525
district or educational service center territory any educational 3,527
service for which funds are made available to the board by the 3,528
United States under the authority of public law, whether such 3,529
funds come directly or indirectly from the United States or any 3,530
agency or department thereof or through the state or any agency, 3,531
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 3,541
(1) "DPIA PERCENTAGE" MEANS THE QUOTIENT OBTAINED BY 3,544
DIVIDING THE FIVE-YEAR AVERAGE NUMBER OF CHILDREN AGES FIVE TO 3,545
SEVENTEEN RESIDING IN THE SCHOOL DISTRICT AND LIVING IN A FAMILY 3,546
RECEIVING FAMILY ASSISTANCE, AS CERTIFIED OR ADJUSTED UNDER 3,547
SECTION 3317.10 OF THE REVISED CODE, BY THE DISTRICT'S THREE-YEAR 3,550
AVERAGE FORMULA ADM.
(2) "FAMILY ASSISTANCE" MEANS ASSISTANCE RECEIVED UNDER 3,552
THE OHIO WORKS FIRST PROGRAM OR, FOR THE PURPOSE OF DETERMINING 3,554
THE FIVE-YEAR AVERAGE NUMBER OF RECIPIENTS OF FAMILY ASSISTANCE 3,555
IN FISCAL YEARS 1999 THROUGH 2002, ASSISTANCE RECEIVED UNDER AN 3,556
ANTECEDENT PROGRAM KNOWN AS TANF OR ADC. 3,558
80
(3) "Statewide DPIA percentage" means the five-year 3,561
average of the total number of children ages five to seventeen 3,562
years residing in the state and receiving family assistance, 3,563
divided by the average of the sum of the THREE-YEAR AVERAGE 3,564
formula ADMs reported for all school districts in the state for 3,566
the current and preceding two fiscal years, provided that in 3,567
fiscal years 1999 and 2000, the department shall calculate this 3,568
three-year average utilizing district ADMs reported pursuant to 3,569
the version of division (A) of section 3317.03 of the Revised 3,571
Code in effect in fiscal years 1997 and 1998;. 3,572
(2)(4) "DPIA index" means the quotient obtained by 3,575
dividing the school district's DPIA percentage by the statewide 3,577
DPIA percentage;.
(3)(5) "Kindergarten ADM" means the number of students 3,580
reported under section 3317.03 of the Revised Code as enrolled in 3,581
kindergarten;. 3,582
(4)(6) "Kindergarten through third grade ADM" means the 3,585
sum obtained by multiplying AMOUNT CALCULATED AS FOLLOWS: 3,586
(a) MULTIPLY the kindergarten ADM by two, adding THE SUM 3,589
OF ONE PLUS THE ALL-DAY KINDERGARTEN PERCENTAGE; 3,590
(b) ADD THE KINDERGARTEN ADM TO THE PRODUCT CALCULATED 3,592
UNDER DIVISION (A)(6)(a) OF THIS SECTION; 3,593
(c) ADD TO THE SUM CALCULATED UNDER DIVISION (A)(6)(b) OF 3,596
THIS SECTION the number of students in grades one through three, 3,597
and subtracting;
(d) SUBTRACT FROM THE SUM CALCULATED UNDER DIVISION 3,600
(A)(6)(c) OF THIS SECTION the number of special education 3,601
students in grades one KINDERGARTEN through three;. 3,603
(5)(7) "Statewide average teacher salary" means 3,605
thirty-nine thousand ninety-two dollars, which includes an amount 3,606
for the value of fringe benefits;. 3,607
(6) "Statewide formula ADM" means the sum total of the 3,610
formula ADM for all school districts in the state; 3,611
(7)(8) "ALL-DAY KINDERGARTEN" MEANS A KINDERGARTEN CLASS 3,614
81
THAT IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN THE SAME 3,615
NUMBER OF CLOCK HOURS EACH DAY AS FOR PUPILS IN GRADES ONE 3,616
THROUGH SIX.
(9) "All-day kindergarten percentage" means the percentage 3,618
of a district's actual total number of students enrolled in 3,620
kindergarten who are ENROLLED in classes that are in session five 3,622
days per week for not less than the same number of clock hours 3,623
each day as for pupils in grades one through six; ALL-DAY
KINDERGARTEN. 3,624
(8)(10) "Buildings with the highest concentration of need" 3,626
means the school buildings in a district with percentages of 3,628
students receiving family assistance in grades kindergarten 3,629
through three at least as high as the district-wide percentage of 3,630
students receiving family assistance. IF, HOWEVER, THE 3,631
INFORMATION PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES UNDER 3,632
SECTION 3317.10 OF THE REVISED CODE IS INSUFFICIENT TO DETERMINE 3,635
THE FAMILY ASSISTANCE PERCENTAGE IN EACH BUILDING, "BUILDINGS 3,636
WITH THE HIGHEST CONCENTRATION OF NEED" HAS THE MEANING GIVEN IN 3,637
RULES THAT THE DEPARTMENT OF EDUCATION SHALL ADOPT. THE RULES 3,638
SHALL BASE THE DEFINITION OF "BUILDINGS WITH THE HIGHEST 3,639
CONCENTRATION OF NEED" ON FAMILY INCOME OF STUDENTS IN GRADES 3,640
KINDERGARTEN THROUGH THREE IN A MANNER THAT, TO THE EXTENT
POSSIBLE WITH AVAILABLE DATA, APPROXIMATES THE INTENT OF THIS 3,641
DIVISION AND DIVISION (G) OF THIS SECTION TO DESIGNATE BUILDINGS 3,643
WHERE THE FAMILY ASSISTANCE PERCENTAGE IN THOSE GRADES EQUALS OR 3,644
EXCEEDS THE DISTRICT-WIDE FAMILY ASSISTANCE PERCENTAGE. 3,645
(B) In addition to the amounts required to be paid to a 3,648
school district under section 3317.022 of the Revised Code, a 3,649
school district shall receive the greater of the amount the 3,650
district received in fiscal year 1998 pursuant to division (B) of 3,651
section 3317.023 of the Revised Code as it existed at that time 3,653
or the amount of the sum of the following computations made under 3,655
divisions (C) to (E) of this section. 3,656
(C) A supplemental payment that may be utilized for 3,658
82
measures related to safety and security and for remediation or 3,659
similar programs, calculated as follows: 3,660
(1) If the DPIA index of the school district is greater 3,663
than or equal to thirty-five-hundredths, but less than one, an 3,664
amount obtained by multiplying the five-year average number of 3,665
pupils in a district receiving family assistance by two hundred 3,666
thirty dollars; 3,667
(2) If the DPIA index of the school district is greater 3,670
than or equal to one, an amount obtained by multiplying the DPIA 3,672
index by two hundred thirty dollars and multiplying that product 3,673
by the five-year average number of pupils in a district receiving 3,674
family assistance. 3,675
(D) A payment for all-day kindergarten if the DPIA index 3,678
of the school district is greater than or equal to one or if the 3,679
district's three-year average formula ADM exceeded seventeen 3,680
thousand five hundred, calculated by multiplying the all-day 3,681
kindergarten percentage by the kindergarten ADM and multiplying 3,682
that product by the formula amount. 3,683
(E) A class-size reduction payment based on calculating 3,686
the number of new teachers necessary to achieve a lower 3,687
student-teacher ratio, as follows: 3,688
(1) Determine or calculate a formula number of teachers 3,690
per one thousand students based on the DPIA index of the school 3,692
district as follows: 3,693
(a) If the DPIA index of the school district is less than 3,696
six-tenths, the formula number of teachers is 43.478, which is 3,697
the number of teachers per one thousand students at a 3,698
student-teacher ratio of twenty-three to one; 3,699
(b) If the DPIA index of the school district is greater 3,702
than or equal to six-tenths, but less than two and one-half, the 3,703
formula number of teachers is calculated as follows: 3,704
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 3,706
Where 43.478 is the number of teachers per one thousand 3,708
students at a student-teacher ratio of twenty-three to one; 1.9 3,709
83
is the interval from a DPIA index of six-tenths to a DPIA index 3,712
of two and one-half; and 23.188 is the difference in the number 3,713
of teachers per one thousand students at a student-teacher ratio 3,714
of fifteen to one and the number of teachers per one thousand 3,715
students at a student-teacher ratio of twenty-three to one. 3,717
(c) If the DPIA index of the school district is greater 3,720
than or equal to two and one-half, the formula number of teachers 3,721
is 66.667, which is the number of teachers per one thousand 3,722
students at a student-teacher ratio of fifteen to one. 3,723
(2) Multiply the formula number of teachers determined or 3,725
calculated in division (E)(1) of this section by the kindergarten 3,728
through third grade ADM for the district and divide that product 3,730
by one thousand;
(3) Calculate the number of new teachers as follows: 3,733
(a) Multiply the kindergarten through third grade ADM by 3,736
43.478, which is the number of teachers per one thousand students 3,737
at a student-teacher ratio of twenty-three to one, and divide 3,738
that product by one thousand; 3,739
(b) Subtract the quotient obtained in division (E)(3)(a) 3,742
of this section from the product in division (E)(2) of this 3,744
section.
(4) Multiply the greater of the difference obtained under 3,746
division (E)(3) of this section or zero by the statewide average 3,748
teachers salary.
(F) This division applies only to school districts whose 3,750
DPIA index is one or greater. 3,751
(1) Each school district subject to this division shall 3,753
first utilize funds received under this section SO THAT, WHEN 3,754
COMBINED WITH OTHER FUNDS OF THE DISTRICT, SUFFICIENT FUNDS EXIST 3,755
to provide all-day kindergarten to at least the number of 3,756
children in the district's all-day kindergarten percentage. 3,757
(2) Up to an amount equal to the district's DPIA index 3,759
multiplied by the five-year average number of pupils in a 3,760
district receiving family assistance multiplied by two hundred 3,761
84
thirty dollars of the money distributed under this section may be 3,763
utilized for one or both of the following: 3,764
(a) Programs designed to ensure that schools are free of 3,767
drugs and violence and have a disciplined environment conducive 3,768
to learning;
(b) Remediation for students who have failed or are in 3,771
danger of failing any of the proficiency tests administered 3,772
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 3,774
section, all other funds distributed UNDER THIS SECTION to 3,775
districts subject to this division under this section shall be 3,778
utilized for the purpose of the third grade guarantee. The third 3,779
grade guarantee consists of increasing the amount of 3,781
instructional attention received per pupil in kindergarten 3,782
through third grade, either by reducing the ratio of students to 3,783
instructional personnel or by increasing the amount of 3,784
instruction and curriculum-related activities by extending the 3,785
length of the school day or the school year. 3,786
School districts may implement a reduction of the ratio of 3,788
students to instructional personnel through any or all of the 3,789
following methods: 3,790
(a) Reducing the number of students in a classroom taught 3,793
by a single teacher;
(b) Employing full-time educational aides or educational 3,796
paraprofessionals issued a permit or license under section 3,797
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 3,800
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 3,802
the amount of time allocated for each class, increasing the 3,803
number of classes provided per day, offering optional 3,804
academic-related after-school programs, providing 3,805
curriculum-related extra curricular activities, or establishing 3,806
tutoring or remedial services for students who have demonstrated 3,807
85
an educational need. In accordance with section 3319.089 of the 3,808
Revised Code, a district extending the school day pursuant to 3,809
this division may utilize a participant of the work experience 3,810
program who has a child enrolled in a public school in that 3,811
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 3,812
work experience program participant is compensated, the school 3,813
district may use the funds distributed under this section for all 3,814
or part of the compensation.
Districts may extend the school year either through adding 3,817
regular days of instruction to the school calendar or by 3,818
providing summer programs. 3,819
(G) Each district subject to division (F) of this section 3,822
shall not expend any funds received under division (E) of this 3,823
section in any school buildings that are not buildings with the 3,824
highest concentration of need, unless there is a ratio of 3,825
instructional personnel to students of no more than fifteen to 3,827
one in each kindergarten and first grade class in all buildings 3,828
with the highest concentration of need. THIS DIVISION DOES NOT 3,830
REQUIRE THAT THE FUNDS USED IN BUILDINGS WITH THE HIGHEST 3,831
CONCENTRATION OF NEED BE SPENT SOLELY TO REDUCE THE RATIO OF 3,832
INSTRUCTIONAL PERSONNEL TO STUDENTS IN KINDERGARTEN AND FIRST 3,833
GRADE. A SCHOOL DISTRICT MAY SPEND THE FUNDS IN THOSE BUILDINGS 3,834
IN ANY MANNER PERMITTED BY DIVISION (F)(3) OF THIS SECTION, BUT 3,835
MAY NOT SPEND THE MONEY IN OTHER BUILDINGS UNLESS THE 3,836
FIFTEEN-TO-ONE RATIO REQUIRED BY THIS DIVISION IS ATTAINED. 3,837
(H)(1) By the first day of August of each fiscal year, 3,839
each school district wishing to receive any funds under division 3,841
(D) of this section shall certify SUBMIT to the department of 3,842
education AN ESTIMATE OF its all-day kindergarten percentage. 3,844
EACH DISTRICT SHALL UPDATE ITS ESTIMATE THROUGHOUT THE FISCAL 3,846
YEAR IN THE FORM AND MANNER REQUIRED BY THE DEPARTMENT, AND THE 3,847
DEPARTMENT SHALL ADJUST PAYMENTS UNDER THIS SECTION TO REFLECT 3,848
THE UPDATES.
86
(2) Annually by the end of December, the department of 3,850
education, utilizing data from the information system established 3,852
under section 3301.0714 of the Revised Code and after 3,853
consultation with the legislative office of education oversight, 3,854
shall determine for each school district subject to division (F) 3,855
of this section whether in the preceding fiscal year the 3,856
district's ratio of instructional personnel to students; and its 3,857
number of kindergarten students receiving all-day kindergarten 3,858
appear reasonable, given the amounts of money the district 3,859
received for that fiscal year pursuant to divisions (D) and (E) 3,861
of this section. If the department is unable to verify from the 3,862
data available that students are receiving reasonable amounts of 3,863
instructional attention and all-day kindergarten, given the funds 3,864
the district has received under this section and that class-size 3,866
reduction funds are being used in school buildings with the 3,867
highest concentration of need as required by division (G) of this 3,869
section, the department shall conduct a more intensive 3,871
investigation to ensure that funds have been expended as required 3,872
by this section. The department shall file an annual report of 3,873
its findings under this division with the chairpersons of the 3,874
committees in each house of the general assembly dealing with 3,875
finance and education.
(I) Any school district with a DPIA index less than one 3,877
AND A THREE-YEAR AVERAGE FORMULA ADM EXCEEDING SEVENTEEN THOUSAND 3,880
FIVE HUNDRED SHALL FIRST UTILIZE FUNDS RECEIVED UNDER THIS 3,881
SECTION SO THAT, WHEN COMBINED WITH OTHER FUNDS OF THE DISTRICT,
SUFFICIENT FUNDS EXIST TO PROVIDE ALL-DAY KINDERGARTEN TO AT 3,882
LEAST THE NUMBER OF CHILDREN IN THE DISTRICT'S ALL-DAY 3,883
KINDERGARTEN PERCENTAGE. SUCH A DISTRICT SHALL EXPEND AT LEAST 3,884
SEVENTY PER CENT OF THE REMAINING FUNDS RECEIVED UNDER THIS 3,885
SECTION, AND ANY OTHER DISTRICT WITH A DPIA INDEX LESS THAN ONE 3,887
shall expend at least seventy per cent of the ALL funds received 3,889
under this section, for any of the following purposes: 3,892
(1) The purchase of technology for instructional purposes; 3,895
87
(2) All-day kindergarten; 3,897
(3) Reduction of class sizes; 3,899
(4) Summer school remediation; 3,901
(5) Dropout prevention programs; 3,903
(6) Guaranteeing that all third graders are ready to 3,906
progress to more advanced work;
(7) Summer education and work programs; 3,908
(8) Adolescent pregnancy programs; 3,910
(9) Head start or preschool programs; 3,912
(10) Reading improvement programs described by the 3,915
department of education;
(11) Programs designed to ensure that schools are free of 3,918
drugs and violence and have a disciplined environment conducive 3,919
to learning;
(12) Furnishing, free of charge, materials used in courses 3,922
of instruction, except for the necessary textbooks required to be 3,923
furnished without charge pursuant to section 3329.06 of the 3,924
Revised Code, to pupils living in families participating in Ohio 3,925
works first in accordance with section 3313.642 of the Revised 3,926
Code; 3,927
(13) School breakfasts provided pursuant to section 3,929
3313.813 of the Revised Code. 3,931
Each district shall submit to the department, in such 3,933
format and at such time as the department shall specify, a report 3,934
on the programs for which it expended funds under this division. 3,935
(J) If at any time the superintendent of public 3,937
instruction determines that a school district has used the 3,938
RECEIVING funds received under division (D) of this section for 3,940
any purpose other than to provide all-day kindergarten as 3,941
required under this section, or if the superintendent determines 3,942
that a school district has enrolled less than the all-day 3,943
kindergarten percentage reported for that fiscal year, the 3,944
superintendent shall withhold from the funds otherwise due a THE 3,945
district under this section the amount of the funds spent in 3,946
88
violation of this section or a proportional amount of the funds 3,948
as determined by the difference in the certified all-day
kindergarten percentage and the percentage actually enrolled in 3,949
all-day kindergarten. 3,950
The superintendent shall also withhold an appropriate 3,952
amount of funds otherwise due a district for any other misuse of 3,953
funds not in accordance with this section. 3,954
Sec. 3317.0212. Divisions (B) and (C) of this section do 3,963
not apply to a school district with a formula ADM of one humdred 3,965
HUNDRED fifty or less.
(A) As used in this section: 3,967
(1) "Fundamental FY 1997 STATE AID" OR "FUNDAMENTAL FY 3,970
1998 state aid" for a district means the total amount of state 3,971
money received by the district under sections 3317.022 and 3,972
3317.023 of the Revised Code before any deductions required by 3,974
division (G), (J), (K), or (L) of section 3317.023 of the Revised 3,976
Code, plus any amounts for which the district was eligible 3,977
pursuant to divisions (M), (N), and (O) of section 3317.024 and 3,978
sections 3317.0212 and 3317.0213 of the Revised Code, as those 3,980
divisions and sections existed in fiscal year 1998, plus the 3,981
district's share of state funds for service center units IN THE 3,983
APPLICABLE FISCAL YEAR AS REPORTED ON THE DEPARTMENT OF 3,984
EDUCATION'S FORM "SF-12," ADJUSTED AS FOLLOWS: 3,986
(a) MINUS THE AMOUNT FOR TRANSPORTATION; 3,988
(b) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 3,991
UNITS;
(c) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 3,994
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 3,996
REVISED CODE; 3,997
(d) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 3,999
EDUCATIONAL SERVICE CENTER; 4,000
(e) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 4,002
DISTRIBUTED IN THE APPLICABLE FISCAL YEAR TO OTHER SCHOOL 4,003
DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, 4,004
89
OTHER THAN PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, 4,005
ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO 4,007
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;
(f) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 4,009
DISTRIBUTED TO THE SCHOOL DISTRICT IN THE APPLICABLE FISCAL YEAR 4,010
FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR 4,011
GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING 4,012
SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN 4,013
ANOTHER SCHOOL DISTRICT; 4,014
(g) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 4,017
FISCAL YEAR PURSUANT TO THE VOCATIONAL EDUCATION RECOMPUTATION 4,018
REQUIRED BY SECTION 45.12 OF AMENDED SUBSTITUTE HOUSE BILL NO. 4,023
117 OF THE 121st GENERAL ASSEMBLY OR FORMER SECTION 50.22 OF 4,026
AMENDED SUBSTITUTE HOUSE BILL NO. 215 OF THE 122nd GENERAL 4,030
ASSEMBLY;
(h) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 4,033
FISCAL YEAR PURSUANT TO THE SPECIAL EDUCATION RECOMPUTATION 4,034
REQUIRED BY FORMER DIVISION (I) OF SECTION 3317.023 OF THE 4,036
REVISED CODE; 4,037
(i) PLUS ANY AMOUNT PAID FOR EQUITY AID IN THE APPLICABLE 4,040
FISCAL YEAR UNDER SECTION 3317.0213 OF THE REVISED CODE. 4,042
(2) "Enhanced FY 1998 state aid" for a district means its 4,045
fundamental FY 1998 state aid plus any amounts for which the 4,046
district was eligible pursuant to division (K) of section 4,048
3317.024 of the Revised Code, as that division existed in fiscal 4,049
year 1998. 4,050
(3) "State basic aid" for a district in any fiscal year 4,052
after FISCAL YEAR 1998 means the SUM OF THE FOLLOWING: 4,054
(a) THE amount computed for the district for basic formula 4,056
aid and special education aid FUNDING under divisions (A) and 4,059
(C)(1) of section 3317.022 AND SECTIONS 3317.025 TO 3317.028 of 4,060
the Revised Code and DPIA aid under section 3317.029 of the 4,062
Revised Code in the current fiscal year but after BEFORE any 4,063
deduction OR CREDIT required by division (B), (D), (E), (F), (G), 4,065
90
(H), (I), (J), OR (K) of section 3317.023 OR DIVISION (J) OF 4,066
SECTION 3317.029 of the Revised Code, plus any; 4,068
(b) ANY amounts for which the district is eligible 4,071
pursuant to DIVISION (C) OF SECTION 3317.023, divisions (G) and 4,073
(Q)(P) of section 3317.024, AND DIVISION (B) OF SECTION 3317.162 4,074
of the Revised Code, plus any amounts; 4,075
(c) ANY EQUITY AID for which the district is eligible 4,078
under section 3317.0213 of the Revised Code.
(4) "FY 1998 ADM" for a district means the district's 4,082
average daily membership as described by division (A) of section 4,083
3317.02 of the Revised Code, for fiscal year 1998, plus the 4,085
district's average daily membership based upon full-time
equivalency in approved vocational units as certified by the 4,087
district in fiscal year 1998 under division (A)(2) of section 4,089
3317.03 of the Revised Code and the district's average daily 4,091
membership of all handicapped children, except for preschool
handicapped children, in classes in the district as certified in 4,092
fiscal year 1998 under division (A)(3) of section 3317.03 of the 4,094
Revised Code, as those divisions and sections existed in fiscal 4,095
year 1998.
(5) "District's share of state funds for service center 4,097
units" means an estimated portion of the state money distributed 4,098
to educational service centers for approved units in fiscal year 4,099
1998 attributable to the costs of providing services in such 4,100
units to students, other than preschool handicapped students, 4,101
residing in the district.
(6) "Fundamental FY 1997 state aid" for a district means 4,103
the total amount of state money received by the district under 4,105
sections 3317.022 and 3317.023 of the Revised Code before any 4,106
deductions required by division (G), (J), (K), or (L) of section 4,107
3317.023 of the Revised Code, plus any amounts for which the 4,108
district was eligible pursuant to divisions (M), (N), and (O) of 4,109
section 3317.024 and sections 3317.0212 and 3317.0213 of the 4,110
Revised Code, as those divisions and sections existed in fiscal 4,112
91
year 1997, plus the district's share of state funds for service
center units. 4,113
(B) UPON REQUEST OF THE DEPARTMENT OF EDUCATION, THE 4,115
TREASURER OF ANY SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER 4,116
SHALL FURNISH DATA NEEDED TO CALCULATE THE AMOUNTS SPECIFIED IN 4,117
DIVISIONS (A)(1)(e) AND (f) OF THIS SECTION. The department of 4,118
education shall compute the state basic aid guarantee for each 4,120
school district for the fiscal year as follows: 4,121
(1) Subtract the amount of state basic aid from the amount 4,124
of fundamental FY 1998 state aid. If a negative number, this 4,125
computation shall be deemed to be zero;. 4,126
(2) Compute the following amounts: 4,128
(a) Formula ADM X (state basic aid/formula ADM); 4,131
(b) Formula THE GREATER OF FORMULA ADM OR THREE-YEAR 4,133
AVERAGE FORMULA ADM X (fundamental FY 1998 state aid/FY 1998 4,136
ADM).
(3) If the amount computed under division (B)(2)(b) of 4,139
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 4,141
greater. If the amount computed under division (B)(2)(b) of this 4,142
section is not greater than the amount computed under division 4,143
(B)(2)(a) of this section, this computation shall be deemed to be 4,144
zero.
(4) Except as provided in division (C) of this section, 4,147
the department shall determine for each district the lesser of 4,148
the amounts computed in divisions (B)(1) and (2)(3) of this 4,150
section and, if greater than zero, pay the district that amount. 4,152
(C)(1) In fiscal year 1999, if a district's amount under 4,155
division (B)(4) of this section is zero, the department shall 4,156
determine CALCULATE for each such district the following: 4,158
(2) Add to SUM OF the district's state basic aid for 4,160
fiscal year 1999 the sum of PLUS the transportation portion of 4,162
state aid computed under division (D) of section 3317.022 of the 4,165
Revised Code for the district for fiscal year 1999; 4,166
92
(3). If a district's enhanced FY 1998 state aid is greater 4,169
than the district's amount calculated in division (C)(2) of this 4,171
section THAT SUM, then the department shall pay the district IN 4,172
FISCAL YEAR 1999 one hundred per cent of the difference OR THE 4,173
AMOUNT REQUIRED BY DIVISION (B)(4) OF THIS SECTION, WHICHEVER IS 4,174
GREATER.
(D)(1) The state basic aid guarantee in any fiscal year 4,176
for a school district with a formula ADM of one hundred fifty or 4,177
less shall be the greatest of the following amounts: 4,178
(a) The district's state basic aid for the fiscal year; 4,180
(b) The district's fundamental FY 1998 state aid; 4,182
(c) The district's fundamental FY 1997 state aid; 4,184
(2) If in any fiscal year the state basic aid for a school 4,186
district with a formula ADM of one hundred fifty or less is less 4,187
than the guarantee amount determined for the district under 4,188
division (D)(1) of this section, the department of education 4,189
shall pay the district the amount of the difference. 4,190
Sec. 3317.0213. No money shall be distributed under this 4,199
section after fiscal year 2001. 4,200
(A) As used in this section: 4,202
(1) "ADM" for any school district means: 4,204
(a) In fiscal year 1999, the average daily membership 4,207
reported in fiscal year 1998 under division (A) of section 4,208
3317.03 of the Revised Code as that section existed in fiscal 4,209
year 1998, less one-half of the kindergarten students, less 4,210
three-quarters of the students enrolled in a joint vocational 4,211
school district, and less any students enrolled in preschool 4,212
handicapped units approved under division (E) of section 3317.05 4,213
of the Revised Code, as that section existed in fiscal year FY 4,215
1998 ADM;
(b) In fiscal years 2000 and 2001, the formula ADM 4,217
reported for the previous fiscal year. 4,218
(2) "Average taxable value" means the average of the 4,221
amounts certified for a district in the second, third, and fourth 4,222
93
preceding fiscal years under divisions (A)(1) and (2) of section 4,223
3317.021 of the Revised Code.
(3)(a) "Valuation per pupil" for a district in MEANS: 4,225
(a) IN fiscal year 1999 means, the district's average 4,229
taxable value, divided by the district's average daily membership 4,231
for fiscal year 1998, as described in division (A)(1)(a) of this 4,232
section. FY 1998 ADM; 4,233
(b) "Valuation per pupil" for a district in IN a fiscal 4,235
year that occurs after fiscal year 1999 means, the district's 4,236
average taxable value, divided by the district's formula ADM for 4,239
the preceding fiscal year.
(4) "Threshold valuation" means: 4,241
(a) In fiscal year 1999, the adjusted valuation per pupil 4,244
of the school district with the two hundred twenty-ninth lowest 4,245
adjusted valuation per pupil in the state, according to data 4,247
available at the time of the computation under division (B) of 4,248
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 4,250
of the district with the one hundred sixty-third lowest such 4,252
valuation in the state;
(c) In fiscal year 2001, the adjusted valuation per pupil 4,254
of the district with the one hundred eighteenth lowest such 4,255
valuation in the state. 4,256
(5) "Adjusted valuation per pupil" for a district means an 4,258
amount calculated in accordance with the following formula: 4,259
The district's valuation per pupil - 4,261
($30,000 X (one minus the district's income factor)) 4,262
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 4,264
fiscal year 2000, and .010 in fiscal year 2001. 4,265
(B) Beginning in fiscal year 1993, during August of each 4,267
fiscal year, the department of education shall distribute to each 4,268
school district meeting the requirements of section 3317.01 of 4,269
the Revised Code whose adjusted valuation per pupil is less than 4,270
the threshold valuation, an amount calculated in accordance with 4,271
94
the following formula: 4,272
(The threshold valuation - the district's 4,274
adjusted valuation per pupil) 4,275
X millage rate X ADM 4,276
Sec. 3317.0214. As used in this section, "average taxable 4,286
value" has the same meaning as in division (A)(2) of section 4,288
3317.0213 of the Revised Code.
Beginning in fiscal year 1993, during each August, the 4,290
department of education ANNUALLY shall distribute to each school 4,291
district with a formula ADM less than one thousand and an average 4,293
taxable value equal to or less than eighty-five thousand dollars 4,294
per pupil in formula ADM, an amount equal to fifty dollars 4,296
multiplied by any amount by which one thousand exceeds the 4,297
district's formula ADM. 4,298
Sec. 3317.0215. (A) As used in this section, "total: 4,307
(1) "TOTAL effective operating tax rate" has MEANS the 4,310
same meaning as in AMOUNT CERTIFIED UNDER DIVISION (A)(5) OF 4,311
section 3317.021 of the Revised Code, and "equalized. 4,313
(2) "EQUALIZED tax rate" of a school district means the 4,316
amount by which a district's total effective operating tax rate
exceeds two and three-tenths per cent. 4,317
(3) "STATE TAXABLE VALUE PER PUPIL" MEANS THE QUOTIENT 4,320
OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF ALL CITY, LOCAL, 4,321
AND EXEMPTED VILLAGE SCHOOL DISTRICTS IN THE STATE BY THE SUM OF 4,322
THE FORMULA ADMs OF ALL CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 4,323
DISTRICTS IN THE STATE. 4,324
(4) "DISTRICT'S TAXABLE VALUE PER PUPIL" MEANS THE 4,326
QUOTIENT OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF THE 4,327
SCHOOL DISTRICT BY ITS FORMULA ADM. 4,328
(B) Upon receiving the certifications under division (A) 4,331
of section 3317.021 of the Revised Code, the department of 4,332
education shall determine the equalized tax rate for each city, 4,333
local, and exempted village school district. If the total 4,334
effective operating tax rate of a district is greater than two 4,335
95
and three-tenths per cent, the district shall receive a payment 4,336
computed by multiplying the lesser of two-tenths of one per cent 4,337
or the equalized tax rate by the amount by which the state 4,338
taxable value per pupil exceeds the district's total taxable 4,340
value per pupil TIMES THE DISTRICT'S FORMULA ADM. 4,341
Sec. 3317.0216. (A) As used in this section: 4,350
(1) "Total taxes charged and payable for current expenses" 4,353
means the sum of the taxes charged and payable as certified under 4,354
division (A)(3) of section 3317.021 of the Revised Code, and the 4,356
tax liability for the preceding year under any school district 4,357
income tax levied by the district pursuant to Chapter 5748. of 4,358
the Revised Code to the extent the revenue from the income tax is 4,359
allocated or apportioned to current expenses. 4,360
(2) "State equalization enhancement payments" means any 4,362
payment made to a school district pursuant to section 3317.0215 4,363
of the Revised Code for the preceding fiscal year. 4,364
(3) "Charge-off amount" means the product obtained by 4,366
multiplying two and three-tenths per cent by adjusted total 4,367
taxable value. 4,368
(4) "Local share percentage" means a percentage equal to 4,371
one minus the state share percentage.
(5) "Total receipts available for current expenses" of a 4,374
school district means the sum of total taxes charged and payable 4,375
for current expenses and the district's state equalization
enhancement payments. 4,376
(6)(5) "Local share of special education expenses" means 4,378
the district's local share percentage X the formula amount for 4,380
the year for which the aid is calculated X the district's total 4,381
special education weight.
(7) "State share percentage" and "total special education 4,383
weight" have the same meanings AND RELATED SERVICES ADDITIONAL 4,384
WEIGHTED COSTS" HAS THE SAME MEANING as in DIVISION (C)(3) OF 4,386
section 3317.022 of the Revised Code.
(B) Upon receiving the certifications under section 4,388
96
3317.021 of the Revised Code, the department of education shall 4,389
determine for each city, local, and exempted village school 4,391
district whether the district's charge-off amount is greater than 4,392
the district's total receipts available for current expenses, and 4,393
if it is, shall pay the district the amount of the difference. A 4,394
payment shall not be made to any school district for which the 4,395
computation under division (A) of section 3317.022 of the Revised 4,396
Code equals zero. 4,397
(C)(1) If a district's charge-off amount is equal to or 4,399
greater than its total receipts available for current expenses, 4,400
the department shall, in addition to the payment required under 4,401
division (B) of this section, pay the district the amount of the 4,402
local share of special education expenses. 4,403
(2) If a district's charge-off amount is less than its 4,405
total receipts available for current expenses, the department 4,406
shall pay the district the difference between the ANY AMOUNT BY 4,407
WHICH ITS local share of special education expenses and the 4,410
amount by which the district's AND RELATED SERVICES ADDITIONAL 4,411
WEIGHTED COSTS EXCEEDS ITS total receipts available for current 4,412
expenses exceeds MINUS its charge-off amount. 4,413
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 4,423
and (C) of this section, any student enrolled in kindergarten 4,424
more than half time shall be reported as one-half student under 4,425
this section.
(A) The superintendent of each city and exempted village 4,428
school district and of each educational service center shall, for 4,429
the schools under the superintendent's supervision, certify to 4,430
the state board of education on or before the fifteenth day of 4,431
October in each year for the first full school week in October 4,432
the formula ADM, which shall consist of the average daily 4,433
membership during such week of the sum of the following: 4,434
(1) On an FTE basis, the number of students in grades 4,437
kindergarten through twelve receiving any educational services 4,438
from the district, except that the following categories of 4,439
97
students shall not be included in the determination: 4,440
(a) Students enrolled in adult education classes; 4,442
(b) Adjacent or other district students enrolled in the 4,444
district under an open enrollment policy pursuant to section 4,445
3313.98 of the Revised Code; 4,446
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 4,448
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 4,449
WHO ARE ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO 4,450
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;
(d) Students for whom tuition is payable pursuant to 4,453
sections 3317.081 and 3323.141 of the Revised Code. 4,454
(2) On an FTE basis, the number of students entitled to 4,457
attend school in the district pursuant to section 3313.64 or 4,458
3313.65 of the Revised Code, but receiving educational services 4,460
in grades kindergarten through twelve from one or more of the
following entities: 4,461
(a) A community school pursuant to Chapter 3314. of the 4,464
Revised Code or Section 50.52 of Amended Substitute House Bill 4,465
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 4,467
3313.979 of the Revised Code as described in division (I)(2)(a) 4,469
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 4,471
Code;
(d) An adjacent or other school district under an open 4,474
enrollment policy adopted pursuant to section 3313.98 of the 4,475
Revised Code; 4,476
(e) An educational service center or cooperative education 4,479
district;
(f) Another school district under a cooperative education 4,482
agreement, COMPACT, OR CONTRACT.
(3) One-fourth of the number of students enrolled both in 4,484
a joint vocational school district and in the district, but who 4,485
are not receiving regular education services in the school 4,486
98
district.
(B) To enable the department of education to obtain the 4,489
data needed to complete the calculation of payments pursuant to 4,490
this chapter, in addition to the formula ADM, each superintendent 4,492
shall report separately the following student counts: 4,493
(1) The total average daily membership in regular day 4,495
classes included in the report under division (A)(1) or (2) of 4,496
this section for kindergarten, and each of grades one through 4,497
twelve in schools under the superintendent's supervision; 4,499
(2) The average daily membership of all handicapped 4,501
preschool children included in a unit approved for the district 4,502
under section 3317.05 of the Revised Code, in accordance with 4,503
rules adopted under that section; 4,504
(3) The number of children entitled to attend school in 4,506
the district pursuant to section 3313.64 or 3313.65 of the 4,507
Revised Code who are participating in a pilot project scholarship 4,509
program established under sections 3313.974 to 3313.979 of the 4,510
Revised Code as described in division (I)(2)(a) or (b) of this 4,512
section, are enrolled in a college under Chapter 3365. of the 4,513
Revised Code, are enrolled in an adjacent or other school 4,514
district under section 3313.98 of the Revised Code, are enrolled 4,515
in a community school established under Chapter 3314. of the 4,517
Revised Code or Section 50.52 of Amended Substitute House Bill 4,518
No. 215 of the 122nd general assembly, or are participating in a 4,519
program operated by a county MR/DD board or a state institution; 4,521
(4) The number of pupils enrolled both in schools under 4,523
the superintendent's supervision and in joint vocational schools, 4,525
but who are not in regular day classes in the school district; 4,526
(5) The average daily membership of handicapped children 4,529
reported under division (A)(1) or (2) of this section receiving 4,530
category one special education services, described in division 4,531
(A) of section 3317.013 of the Revised Code; 4,532
(6) The average daily membership of handicapped children 4,534
reported under division (A)(1) or (2) of this section receiving 4,535
99
category two special education services, described in division 4,536
(B) of section 3317.013 of the Revised Code; 4,537
(7) The average daily membership of handicapped children 4,539
reported under division (A)(1) or (2) of this section identified 4,541
as having any of the handicaps specified in division (F)(3) of 4,542
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 4,544
division (A)(1) or (2) of this section enrolled in vocational 4,546
education programs or classes operated by the school district or 4,547
by another district other than a joint vocational school district
or by an educational service center; 4,548
(9) The average number of children transported by the 4,550
school district ON BOARD-OWNED OR CONTRACTOR-OWNED AND OPERATED 4,551
BUSES, reported in accordance with rules adopted by the 4,553
department of education.
(C) Except as otherwise provided in this section for 4,555
kindergarten students, the average daily membership in divisions 4,556
(B)(1) to (8) of this section shall be based upon the number of 4,558
full-time equivalent students. The state board of education 4,559
shall adopt rules defining full-time equivalent students and for 4,560
determining the average daily membership therefrom for the 4,562
purposes of divisions (A) and (B) of this section. No child 4,563
shall be counted as more than a total of one child in the sum of 4,565
the average daily memberships of a school district under division 4,566
(A) or under divisions (B)(1) to (8) of this section. Based on 4,567
the information reported under this section, the department of 4,568
education shall determine the total student count, as defined in 4,569
section 3301.011 of the Revised Code, for each school district. 4,570
(D) The superintendent of each joint vocational and 4,572
cooperative education school district shall certify to the 4,574
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable average daily 4,575
memberships for all students in the joint vocational or 4,577
cooperative education school district, also indicating the city, 4,578
100
local, or exempted village school district of residence for each 4,579
pupil.
(E) In each school of each city, local, exempted village, 4,581
joint vocational, and cooperative education school district there 4,582
shall be maintained a record of school membership, which record 4,583
shall accurately show, for each day the school is in session, the 4,584
actual membership enrolled in regular day classes. For the 4,585
purpose of determining average daily membership, the membership 4,586
figure of any school shall not include any pupils except those 4,587
pupils described by division (A) of this section. The record of 4,589
membership for each school shall be maintained in such manner 4,590
that no pupil shall be counted as in membership prior to the 4,591
actual date of entry in the school and also in such manner that 4,592
where for any cause a pupil permanently withdraws from the school 4,593
that pupil shall not be counted as in membership from and after 4,595
the date of such withdrawal. There shall not be included in the 4,596
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 4,599
a public high school;
(2) Any pupil who is not a resident of the state; 4,601
(3) Any pupil who was enrolled in the schools of the 4,604
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 4,605
not take one or more of the tests required by that section and 4,606
was not excused pursuant to division (C)(1) of that section; 4,607
(4) Any pupil who has attained the age of twenty-two 4,609
years, except for the following: 4,610
(a) Persons suffering from tuberculosis and receiving 4,612
treatment in any approved state, county, district, or municipal 4,613
tuberculosis hospital who have not graduated from the twelfth 4,614
grade of a public high school; 4,615
(b) Veterans of the armed services whose attendance was 4,617
interrupted before completing the recognized twelve-year course 4,618
of the public schools by reason of induction or enlistment in the 4,619
101
armed forces and who apply for reenrollment in the public school 4,620
system of their residence not later than four years after 4,621
termination of war or their honorable discharge. 4,622
If, however, any veteran described by division (E)(4)(b) of 4,625
this section elects to enroll in special courses organized for 4,626
veterans for whom tuition is paid under the provisions of federal 4,627
laws, or otherwise, that veteran shall not be included in average 4,629
daily membership.
Notwithstanding division (E)(3) of this section, the 4,631
membership of any school may include a pupil who did not take a 4,632
test required by section 3301.0711 of the Revised Code if the 4,633
superintendent of public instruction grants a waiver from the 4,634
requirement to take the test to the specific pupil. The 4,635
superintendent may grant such a waiver only for good cause in 4,636
accordance with rules adopted by the state board of education. 4,637
The average daily membership figure of any local, city, or 4,639
exempted village school district shall be determined by dividing 4,640
the figure representing the sum of the number of pupils enrolled 4,641
during each day the school of attendance is actually open for 4,642
instruction during the first full school week in October by the 4,644
total number of days the school was actually open for instruction 4,645
during that week. For purposes of state funding, "enrolled" 4,646
persons are only those pupils who are attending school, those who 4,647
have attended school during the current school year and are 4,648
absent for authorized reasons, and those handicapped children 4,649
currently receiving home instruction. 4,650
The average daily membership figure of any joint vocational 4,652
or cooperative education school district shall be determined in 4,653
accordance with rules adopted by the state board of education. 4,654
(F)(1) If the formula ADM for the first full school week 4,657
in February is at least three per cent greater than that 4,658
certified for the first full school week in the preceding 4,659
October, the superintendent of schools of any city or exempted 4,660
village school district or educational service center shall 4,661
102
certify such increase to the superintendent of public 4,662
instruction. Such certification shall be submitted no later than 4,663
the fifteenth day of February. For the balance of the fiscal 4,664
year, beginning with the February payments, the superintendent of 4,665
public instruction shall use the increased formula ADM in 4,667
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 4,670
event shall the superintendent use an increased membership 4,671
certified to the superintendent after the fifteenth day of 4,672
February.
(2) If during the first full school week in February the 4,674
total number of units for preschool handicapped PRESCHOOL 4,676
children that are eligible for approval under division (B) of 4,677
section 3317.05 of the Revised Code exceeds the number of such 4,678
units that have been approved for the year under such division, 4,679
the superintendent of schools of any city, exempted village, or 4,681
cooperative education school district or educational service 4,682
center shall make the certifications required by this section for 4,683
such week. If the state board of education determines additional 4,684
units can be approved for the fiscal year within any limitations 4,685
set forth in the acts appropriating moneys for the funding of 4,686
such units, the board shall approve additional units for the 4,687
fiscal year on the basis of such average daily membership. For 4,688
each unit so approved, the department of education shall pay an 4,689
amount computed in the manner prescribed in section 3317.161 or 4,691
3317.19 AND SECTION 3317.162 of the Revised Code.
(3) If during the first full school week in February the 4,693
total number of special education units that are eligible for 4,694
approval under division (D)(1) of section 3317.05 of the Revised 4,695
Code for a joint vocational school district exceeds the number of 4,696
those units that have been approved for the year under that 4,697
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 4,698
state board of education determines additional units can be 4,699
103
approved for the fiscal year within any limitations set forth in 4,700
the acts appropriating moneys for the funding of such units, the 4,701
state board shall approve additional units for the fiscal year on 4,702
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 4,703
computed in the manner prescribed by section 3317.16 of the 4,704
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 4,706
special education program pursuant to section 3323.091 of the 4,707
Revised Code shall, for the programs under such superintendent's 4,709
supervision, certify to the state board of education the average 4,710
daily membership of all handicapped children in classes or 4,711
programs approved annually by the state board of education, in 4,712
the manner prescribed by the superintendent of public 4,713
instruction.
(b) The superintendent of an institution with vocational 4,716
education units approved under division (A) of section 3317.05 of 4,717
the Revised Code shall, for the units under the superintendent's 4,719
supervision, certify to the state board of education the average 4,720
daily membership in those units, in the manner prescribed by the 4,721
superintendent of public instruction. 4,722
(2) The superintendent of each county MR/DD board that 4,724
maintains special education classes or units approved by the 4,725
state board of education pursuant to section 3317.05 of the 4,727
Revised Code shall do both of the following: 4,728
(a) Certify to the state board, in the manner prescribed 4,731
by the board, the average daily membership in classes and units 4,732
approved under division (D)(1) of section 3317.05 of the Revised 4,733
Code for each school district that has placed children in the 4,734
classes or units;
(b) Certify to the state board, in the manner prescribed 4,736
by the board, the average daily membership in preschool 4,738
handicapped units approved under division (B) of section 3317.05 4,740
of the Revised Code.
104
(3) If during the first full school week in February the 4,742
average daily membership of the classes or units maintained by 4,743
the county MR/DD board that are eligible for approval under 4,744
division (D)(1) of section 3317.05 of the Revised Code is greater 4,746
than the average daily membership for the preceding October, the 4,747
superintendent of the board shall make the certifications 4,748
required by this section for such week and, if during the first 4,750
full school week in February the average daily membership of the 4,751
units maintained by the county MR/DD board that are eligible for 4,752
approval under division (B) of section 3317.05 of the Revised 4,753
Code is greater than the average daily membership for the 4,754
preceding October, the superintendent shall certify the average 4,755
daily membership for the first full school week in February for 4,756
such units to the state board of education. If the state board 4,757
determines that additional classes or units can be approved for 4,758
the fiscal year within any limitations set forth in the acts 4,759
appropriating moneys for the funding of such classes and units, 4,760
the board shall approve and fund additional units for the fiscal 4,761
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 4,762
computed in the manner prescribed in section SECTIONS 3317.161 4,764
AND 3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 4,767
when any city, local, or exempted village school district 4,768
provides instruction for a nonresident pupil whose attendance is 4,769
unauthorized attendance as defined in section 3327.06 of the 4,770
Revised Code, that pupil's membership shall not be included in 4,771
that district's membership figure used in the calculation of that 4,772
district's formula ADM or included in the determination of any 4,773
unit approved for the district under section 3317.05 of the 4,774
Revised Code. The reporting official shall report separately the 4,775
average daily membership of all pupils whose attendance in the 4,776
district is unauthorized attendance, and the membership of each 4,777
such pupil shall be credited to the school district in which the 4,778
105
pupil is entitled to attend school under division (B) of section 4,779
3313.64 or section 3313.65 of the Revised Code as determined by 4,780
the department of education. 4,781
(I)(1) A school district admitting a scholarship student 4,783
of a pilot project district pursuant to division (C) of section 4,784
3313.976 of the Revised Code may count such student in its 4,785
average daily membership.
(2) In any year for which funds are appropriated for pilot 4,787
project scholarship programs, a school district implementing a 4,788
state-sponsored pilot project scholarship program that year 4,789
pursuant to sections 3313.974 through 3313.979 of the Revised 4,791
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 4,793
scholarship to attend kindergarten in any alternative school, as 4,794
defined in division (A)(9) of section 3313.974 of the Revised 4,795
Code;
(b) All children who were enrolled in the district in the 4,797
preceding year who are utilizing a scholarship to attend any such 4,798
alternative school. 4,799
Sec. 3317.05. (A) For the purpose of calculating payments 4,809
under sections 3317.16 and, 3317.161, AND 3317.162 of the Revised 4,811
Code, the state board of education shall determine for each joint 4,812
vocational school district and institution, by the last day of 4,813
January of each year and based on information certified under 4,814
section 3317.03 of the Revised Code, the number of vocational 4,816
education units or fractions of units approved by the state board 4,817
on the basis of standards and rules adopted by the state board. 4,818
As used in this division, "institution" means an institution 4,819
operated by a department specified in section 3323.091 of the 4,820
Revised Code and that provides vocational education programs 4,821
under the supervision of the division of vocational education of 4,822
the department of education that meet the standards and rules for 4,823
these programs, including licensure of professional staff 4,824
involved in the programs, as established by the state board of 4,825
106
education.
(B) For the purpose of calculating payments under sections 4,828
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 4,829
Code, the state board shall determine, based on information 4,831
certified under section 3317.03 of the Revised Code, the 4,832
following by the last day of January of each year for each 4,833
educational service center, for each school district, including 4,834
each cooperative education school district, for each institution 4,835
eligible for payment under section 3323.091 of the Revised Code, 4,837
and for each county MR/DD board: the number of classes operated 4,838
by the school district, service center, institution, or county 4,839
MR/DD board for handicapped preschool children, or fraction 4,841
thereof, including in the case of a district or service center 4,842
that is a funding agent, classes taught by a licensed teacher 4,843
employed by that district or service center under section
3313.841 of the Revised Code, approved annually by the state 4,844
board on the basis of standards and rules adopted by the state 4,846
board.
(C) For the purpose of calculating payments under sections 4,848
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 4,850
Code, the state board shall determine, based on information 4,851
certified under section 3317.03 of the Revised Code, the 4,853
following by the last day of January of each year for each school 4,855
district, including each cooperative education school district, 4,856
for each institution eligible for payment under section 3323.091 4,857
of the Revised Code, and for each county MR/DD board: the number 4,858
of preschool handicapped related services units for child study, 4,859
occupational, physical, or speech and hearing therapy, special 4,860
education supervisors, and special education coordinators 4,861
approved annually by the state board on the basis of standards 4,863
and rules adopted by the state board.
(D) For the purpose of calculating payments under sections 4,866
3317.16 and, 3317.161, AND 3317.162 of the Revised Code, the 4,868
state board shall determine, based on information certified under 4,869
107
section 3317.03 of the Revised Code, the following by the last 4,870
day of January of each year for each joint vocational school 4,871
district, for each institution eligible for payment under section 4,872
3323.091 of the Revised Code, and for each county MR/DD board: 4,873
(1) The number of classes operated by a joint vocational 4,875
school district, institution, or county MR/DD board for 4,877
handicapped children other than handicapped preschool children, 4,878
or fraction thereof, approved annually by the state board on the 4,880
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 4,882
other than handicapped preschool children for child study, 4,883
occupational, physical, or speech and hearing therapy, special 4,884
education supervisors, and special education coordinators 4,885
approved annually by the state board on the basis of standards 4,887
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 4,889
section shall be carried to the second decimal place. The total 4,890
number of units for school districts, service centers, and 4,892
institutions approved annually by the state board under this 4,893
section shall not exceed the number of units included in the 4,894
state board's estimate of cost for these units and appropriations 4,896
made for them by the general assembly. 4,897
In the case of units described in division (D)(1) of this 4,900
section operated by county MR/DD boards and institutions eligible 4,902
for payment under section 3323.091 of the Revised Code, the state 4,903
board shall approve only units for persons who are under age 4,904
twenty-two on the first day of the academic year, but not less 4,905
than six years of age on the thirtieth day of September of that 4,906
year, except that such a unit may include one or more children 4,907
who are under six years of age on the thirtieth day of September 4,908
if such children have been admitted to the unit pursuant to rules 4,909
of the state board. In the case of handicapped preschool units 4,910
described in division (B) of this section operated by county 4,912
MR/DD boards and institutions eligible for payment under section 4,913
108
3323.091 of the Revised Code, the state board shall approve only 4,914
preschool units for children who are under age six but not less 4,915
than age three on the thirtieth day of September of the academic 4,916
year, except that such a unit may include one or more children 4,917
who are under age three or are age six or over on the thirtieth 4,918
day of September if such children have been admitted to the unit 4,919
pursuant to rules of the state board of education. The number of 4,920
units for county MR/DD boards and institutions eligible for 4,922
payment under section 3323.091 of the Revised Code approved by 4,923
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 4,924
the general assembly. 4,925
No unit shall be approved under divisions (B) to (D) of 4,928
this section unless a plan has been submitted and approved under 4,929
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the department shall 4,931
approve units or fractions thereof for gifted children on the 4,932
basis of standards and rules adopted by the board. 4,933
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 4,942
and 3317.11 of the Revised Code, a unit funded pursuant to 4,943
division (Q)(P)(1) of section 3317.024 or division (A)(2) of 4,945
section 3317.161 of the Revised Code shall not be approved for
state funding in one school district, including any joint 4,947
vocational or cooperative education school district or any 4,948
educational service center, to the extent that such unit provides 4,949
programs in or services to another district which receives 4,950
payment pursuant to section 3317.04 of the Revised Code. 4,951
(2) Any city, local, exempted village, or cooperative 4,954
education school district or any educational service center may 4,955
combine partial unit eligibility for handicapped preschool 4,956
programs pursuant to section 3317.05 of the Revised Code, and 4,957
such combined partial units may be approved for state funding in 4,959
one school district or service center. 4,960
(B) After units have been initially approved for any 4,962
109
fiscal year under section 3317.05 of the Revised Code, no unit 4,964
shall be subsequently transferred from a school district or 4,966
educational service center to another city, exempted village, 4,967
local, joint vocational, or cooperative education school district 4,968
or educational service center or to an institution or county 4,970
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 4,971
payment pursuant to section 3317.04 of the Revised Code. 4,972
Sec. 3317.06. Moneys paid to school districts under 4,981
division (L) of section 3317.024 of the Revised Code shall be 4,983
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks as have been 4,985
approved by the superintendent of public instruction for use in 4,986
public schools in the state and to loan such textbooks to pupils 4,987
attending nonpublic schools within the district or to their 4,988
parents and to hire clerical personnel to administer such lending 4,989
program. Such loans shall be based upon individual requests 4,990
submitted by such nonpublic school pupils or parents. Such 4,991
requests shall be submitted to the school district in which the 4,992
nonpublic school is located. Such individual requests for the 4,993
loan of textbooks shall, for administrative convenience, be 4,994
submitted by the nonpublic school pupil or the pupil's parent to 4,996
the nonpublic school which shall prepare and submit collective
summaries of the individual requests to the school district. As 4,997
used in this section, "textbook" means any book or book 4,998
substitute which a pupil uses as a text or text substitute in a 4,999
particular class or program in the school the pupil regularly 5,000
attends. 5,001
(B) To provide speech and hearing diagnostic services to 5,003
pupils attending nonpublic schools within the district. Such 5,004
service shall be provided in the nonpublic school attended by the 5,005
pupil receiving the service. 5,006
(C) To provide physician, nursing, dental, and optometric 5,008
services to pupils attending nonpublic schools within the 5,009
110
district. Such services shall be provided in the school attended 5,010
by the nonpublic school pupil receiving the service. 5,011
(D) To provide diagnostic psychological services to pupils 5,013
attending nonpublic schools within the district. Such services 5,014
shall be provided in the school attended by the pupil receiving 5,015
the service. 5,016
(E) To provide therapeutic psychological and speech and 5,018
hearing services to pupils attending nonpublic schools within the 5,019
district. Such services shall be provided in the public school, 5,020
in nonpublic schools, in public centers, or in mobile units 5,021
located on or off of the nonpublic premises. If such services 5,024
are provided in the public school or in public centers, 5,025
transportation to and from such facilities shall be provided by 5,026
the school district in which the nonpublic school is located. 5,027
(F) To provide guidance and counseling services to pupils 5,029
attending nonpublic schools within the district. Such services 5,030
shall be provided in the public school, in nonpublic schools, in 5,031
pubic PUBLIC centers, or in mobile units located on or off of the 5,033
nonpublic premises. If such services are provided in the public 5,034
school or in public centers, transportation to and from such 5,035
facilities shall be provided by the school district in which the 5,036
nonpublic school is located.
(G) To provide remedial services to pupils attending 5,038
nonpublic schools within the district. Such services shall be 5,039
provided in the public school, in nonpublic schools, in public 5,040
centers, or in mobile units located on or off of the nonpublic 5,041
premises. If such services are provided in the public school or 5,043
in public centers, transportation to and from such facilities 5,044
shall be provided by the school district in which the nonpublic 5,045
school is located.
(H) To supply for use by pupils attending nonpublic 5,047
schools within the district such standardized tests and scoring 5,048
services as are in use in the public schools of the state; 5,049
(I) To provide programs for children who attend nonpublic 5,051
111
schools within the district and are handicapped children as 5,052
defined in division (A) of section 3323.01 of the Revised Code or 5,053
gifted children. Such programs shall be provided in the public 5,054
school, in nonpublic schools, in public centers, or in mobile 5,055
units located on or off of the nonpublic premises. If such 5,058
programs are provided in the public school or in public centers, 5,059
transportation to and from such facilities shall be provided by 5,060
the school district in which the nonpublic school is located. 5,061
(J) To hire clerical personnel to assist in the 5,063
administration of programs pursuant to divisions (B), (C), (D), 5,064
(E), (F), (G), and (I) of this section and to hire supervisory 5,065
personnel to supervise the providing of services and textbooks 5,066
pursuant to this section. 5,067
(K) To purchase any secular, neutral, and nonideological 5,069
computer software, prerecorded video laserdiscs, compact discs, 5,071
and video cassette cartridges and mathematics or science 5,072
equipment and materials that are in general use in the public 5,074
schools of the state and loan such computer software, prerecorded 5,075
video laserdiscs, compact discs, and video cassette cartridges, 5,077
equipment, and materials to pupils attending nonpublic schools 5,079
within the district or to their parents, and to hire clerical 5,080
personnel to administer the lending program. Only computer 5,081
software, prerecorded video laserdiscs, compact discs, and video 5,083
cassette cartridges, equipment, and materials that are incapable 5,085
of diversion to religious use and that are susceptible of loan to 5,086
individual pupils and are furnished for the use of individual 5,087
pupils shall be purchased and loaned under this division. 5,088
(L) To purchase instructional equipment, including 5,090
computer hardware, for use by pupils attending nonpublic schools 5,092
within the district, if such usage only occurs when these pupils 5,094
are being provided the secular remedial, diagnostic, or 5,095
therapeutic services pursuant to division (B), (D), (E), (F), 5,097
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 5,100
112
of services pursuant to divisions (E), (F), (G), and (I) of this 5,103
section and to pay for necessary repairs and operating costs 5,104
associated with these units. 5,105
Clerical and supervisory personnel hired pursuant to 5,107
division (J) of this section shall perform their services in the 5,108
public schools, in nonpublic schools, public centers, or mobile 5,109
units where the services are provided to the nonpublic school 5,111
pupil, except that such personnel may accompany pupils to and 5,112
from the service sites when necessary to ensure the safety of the 5,113
children receiving the services. 5,114
Health services provided pursuant to divisions (B), (C), 5,116
(D), and (E) of this section may be provided under contract with 5,117
the department of health, city or general health districts, or 5,118
private agencies whose personnel are properly licensed by an 5,119
appropriate state board or agency. 5,120
Transportation of pupils provided pursuant to divisions 5,122
(E), (F), (G), and (I) of this section shall be provided by the 5,123
school district from its general funds and not from moneys paid 5,124
to it under division (J)(L) of section 3317.024 of the Revised 5,125
Code unless a special transportation request is submitted by the 5,126
parent of the child receiving service pursuant to such divisions. 5,127
If such an application is presented to the school district, it 5,128
may pay for the transportation from moneys paid to it under 5,129
division (J)(L) of section 3317.024 of the Revised Code. 5,130
No school district shall provide health or remedial 5,132
services to nonpublic school pupils as authorized by this section 5,133
unless such services are available to pupils attending the public 5,134
schools within the district. 5,135
Materials, equipment, computer software, textbooks, and 5,137
health and remedial services provided for the benefit of 5,138
nonpublic school pupils pursuant to this section and the 5,139
admission of pupils to such nonpublic schools shall be provided 5,140
without distinction as to race, creed, color, or national origin 5,141
of such pupils or of their teachers. 5,142
113
No school district shall provide services for use in 5,144
religious courses, devotional exercises, religious training, or 5,145
any other religious activity. 5,146
As used in this section, "parent" includes a person 5,148
standing in loco parentis to a child. 5,149
Notwithstanding section 3317.01 of the Revised Code, 5,151
payments shall be made under this section to any city, local, or 5,152
exempted village school district within which is located one or 5,153
more nonpublic elementary or high schools. 5,154
The allocation of payments for materials, equipment, 5,156
textbooks, health services, and remedial services to city, local, 5,157
and exempted village school districts shall be on the basis of 5,158
the state board of education's estimated annual average daily 5,159
membership in nonpublic elementary and high schools located in 5,160
the district. 5,161
Payments made to city, local, and exempted village school 5,163
districts under this section shall be equal to specific 5,164
appropriations made for the purpose. All interest earned by a 5,165
school district on such payments shall be used by the district 5,166
for the same purposes and in the same manner as the payments may 5,167
be used. 5,168
The department of education shall adopt guidelines and 5,170
procedures under which such programs and services shall be 5,171
provided, under which districts shall be reimbursed for 5,172
administrative costs incurred in providing such programs and 5,173
services, and under which any unexpended balance of the amounts 5,174
appropriated by the general assembly to implement this section 5,175
may be transferred to the auxiliary services personnel 5,176
unemployment compensation fund established pursuant to section 5,177
4141.47 of the Revised Code. The department shall also adopt 5,178
guidelines and procedures limiting the purchase and loan of 5,179
computer software, equipment, and materials under division (K) of 5,180
this section to items that are in general use in the public 5,181
schools of the state, that are incapable of diversion to 5,182
114
religious use, and that are susceptible to individual use rather 5,183
than classroom use. Within thirty days after the end of each 5,184
biennium, each board of education shall remit to the department 5,185
all moneys paid to it under division (J)(L) of section 3317.024 5,187
of the Revised Code and any interest earned on those moneys that
are not required to pay expenses incurred under this section 5,188
during the biennium for which the money was appropriated and 5,189
during which the interest was earned. If a board of education 5,190
subsequently determines that the remittal of moneys leaves the 5,191
board with insufficient money to pay all valid expenses incurred 5,192
under this section during the biennium for which the remitted 5,193
money was appropriated, the board may apply to the department of 5,194
education for a refund of money, not to exceed the amount of the 5,195
insufficiency. If the department determines the expenses were 5,196
lawfully incurred and would have been lawful expenditures of the 5,197
refunded money, it shall certify its determination and the amount 5,198
of the refund to be made to the administrator of the bureau of 5,199
employment services who shall make a refund as provided in 5,200
section 4141.47 of the Revised Code. 5,201
Sec. 3317.082. As used in this section, "institution" 5,210
means a residential facility that receives and cares for children 5,211
maintained by the department of youth services and that operates 5,212
a school chartered by the state board of education under section 5,213
3301.16 of the Revised Code. 5,214
(A) On or before the thirty-first day of each January and 5,216
July, the superintendent of each institution that during the 5,217
six-month period immediately preceding each January or July 5,218
provided an elementary or secondary education for any child, 5,219
other than a child receiving special education under section 5,220
3323.091 of the Revised Code, shall prepare and submit to the 5,221
department of education, a statement for each such child 5,222
indicating the child's name, any school district responsible to 5,223
pay tuition for the child as determined by the superintendent in 5,224
accordance with division (C)(2) or (3) of section 3313.64 of the 5,225
115
Revised Code, and the period of time during that six-month period 5,226
that the child received an elementary or secondary education. If 5,227
any school district is responsible to pay tuition for any such 5,228
child, the department of education, no later than the immediately 5,229
succeeding last day of February or August, as applicable, shall 5,230
calculate the amount of the tuition of the district under section 5,231
3317.08 of the Revised Code for the period of time indicated on 5,232
the statement and do one of the following: 5,233
(1) If the tuition amount is equal to or less than the 5,235
amount of state basic aid funds payable to the district under 5,236
sections 3317.022 and 3317.023 of the Revised Code, pay to the 5,237
institution submitting the statement an amount equal to the 5,238
tuition amount, as provided under division (R)(Q) of section 5,239
3317.024 of the Revised Code, and deduct the tuition amount from 5,240
the state basic aid funds payable to the district, as provided 5,241
under division (F)(2) of section 3317.023 of the Revised Code; 5,243
(2) If the tuition amount is greater than the amount of 5,245
state basic aid funds payable to the district under sections 5,246
3317.022 and 3317.023 of the Revised Code, require the district 5,247
to pay to the institution submitting the statement an amount 5,248
equal to the tuition amount. 5,249
(B) In the case of any disagreement about the school 5,251
district responsible to pay tuition for a child pursuant to this 5,252
section, the superintendent of public instruction shall make the 5,253
determination in any such case in accordance with division (C)(2) 5,254
or (3) of section 3313.64 of the Revised Code. 5,255
Sec. 3317.10. (A) On or before the first day of March of 5,262
each year, the department of human services shall certify to the 5,263
state board of education the number of children ages five through 5,264
seventeen residing in each school district and living in a family 5,265
that participated in Ohio works first under Chapter 5107. of the 5,266
Revised Code during the preceding October according to the school 5,267
district of residence for each child. Except as provided under 5,268
division (B) of this section, the number of children so certified 5,269
116
in any year shall be used by the department of education in 5,270
determining the DPIA ADM for purposes of calculating the 5,271
distribution of moneys for the ensuing fiscal year provided in 5,272
section 3317.029 of the Revised Code. 5,273
(B) Upon the transfer of part of the territory of one 5,275
school district to the territory of one or more other school 5,276
districts, the department of education may adjust the number 5,277
certified under division (A) of this section for any district 5,279
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of children 5,280
ages five through seventeen who reside in the district and live 5,281
in a family that participates in Ohio works first. Within sixty 5,282
days of receipt of a request for information from the department 5,284
of education, the department of human services shall provide any 5,285
information the department of education determines is necessary 5,286
to make such adjustments. The department of education may use 5,287
the adjusted number for any district for the applicable fiscal 5,288
year, in lieu of the number certified for the district for that 5,289
fiscal year under division (A) of this section, in the 5,290
calculation of the distribution of moneys provided in section 5,291
3317.029 of the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date 5,300
designated by the state board of education, each educational 5,301
service center governing board shall prepare a budget of 5,303
operating expenses for the ensuing year for the service center on 5,304
forms prepared and furnished by the state board of education and 5,305
shall certify the budget to the state board of education, 5,306
together with such other information as the board may require. 5,307
Such budget shall consist of two parts. Part (A) shall include 5,308
the cost of the salaries, employers retirement contributions, and 5,309
travel expenses of supervisory teachers approved by the state 5,310
board of education. The amount derived from the calculation for 5,311
such units in part (A) of the governing board budget shall be the 5,312
sum of:
117
(1) The sum of the minimum salaries calculated, pursuant 5,314
to section 3317.13 of the Revised Code, for each approved 5,315
licensed employee of the governing board; 5,316
(2) An additional salary allowance proportional to the 5,318
length of the extended term of service not to exceed three months 5,319
for each supervisory and child study teacher whose term of 5,320
service in any year is extended beyond the terms of service of 5,321
regular classroom teachers; 5,322
(3) An allowance equal to fifteen per cent of the amount 5,324
computed under division (A)(1) of this section; 5,325
(4) An allowance for necessary travel expenses, for each 5,327
of the personnel approved in part (A) of the budget, limited to 5,328
two hundred twenty-three dollars and sixteen cents per month, or 5,329
two thousand six hundred seventy-eight dollars per year per 5,330
person employed, whichever is the lesser. Part 5,331
PART (B) shall include the cost of all other lawful 5,334
expenditures of the governing board. The state board of 5,335
education shall review such budget and may approve, increase, or
decrease such budget. 5,336
The governing board shall be reimbursed by the state board 5,339
of education from state funds for the cost of part (A) of the 5,340
budget. The governing board shall be reimbursed by the state
board of education, from state funds for the cost of part (B) of 5,342
the approved budget that is in excess of six dollars and fifty 5,343
cents times the service center ADM. If the governing board 5,344
provides services to city or exempted village school districts 5,345
pursuant to section 3313.843 of the Revised Code, the governing 5,346
board shall be reimbursed from state funds for the cost of part 5,347
(B) of the budget that is in excess of six dollars and fifty 5,348
cents times the sum of the service center ADM and the formula 5,350
CLIENT ADMs of the city or exempted village districts to which 5,351
such services are provided. The cost of part (B) not in excess 5,352
of six dollars and fifty cents times the number of such ADM shall 5,353
be apportioned by the state board of education among the local 5,354
118
school districts in the territory of the service center, or among 5,355
all districts to which the governing board provides services, on 5,357
the basis of the total number of pupils in each school district. 5,358
If part (B) of the budget is in excess of that approved by 5,360
the state board of education, the excess cost shall be 5,361
apportioned by the state board of education among the local 5,362
school districts in the territory of the service center on the 5,364
basis of the total number of such pupils in each such school 5,365
district, provided that a majority of the boards of education of 5,366
such local school districts approve such apportionment. The 5,367
state board of education shall initiate and supervise the 5,368
procedure by which the local boards shall approve or disapprove 5,369
such apportionment.
The amounts so apportioned shall be certified to the 5,371
treasurers of the various school districts. In the case of each 5,372
district such amount shall be deducted by the state board of 5,373
education from funds allocated to the district pursuant to 5,374
division (E) of section 3317.023 of the Revised Code. 5,375
The state board of education shall certify to the director 5,377
of budget and management for payment the total of the deductions, 5,378
whereupon the amount shall be paid to the governing board of each 5,380
service center, to be deposited to the credit of a separate fund, 5,382
hereby created, to be known as the educational service center 5,383
governing board fund.
An educational service center may provide special education 5,386
to students in its local districts or in client districts. A 5,387
service center is eligible for funding under division (J) of 5,389
section 3317.024 of the Revised Code and eligible for state 5,390
subsidies for the purchase of school buses under section 3317.07 5,391
of the Revised Code. Special education units for gifted children 5,393
may be operated by a governing board. Vocational education may
be provided by a governing board. A governing board may conduct 5,395
driver education for pupils enrolled in a high school for which 5,396
the state board of education prescribes minimum standards and 5,397
119
which is eligible for funding under division (I) of section 5,398
3317.024 of the Revised Code.
Every local school district shall be provided supervisory 5,400
services by its governing board as approved by the state board of 5,403
education. A city or exempted village school district shall be 5,404
considered to be provided supervisory services by a governing 5,405
board if it has entered into an agreement for the governing board 5,406
to provide any services under section 3313.843 of the Revised 5,407
Code. Supervisory services shall not exceed one supervisory 5,409
teacher for the first fifty classroom teachers employed in all 5,410
districts that are provided supervisory services calculated under 5,411
section 3317.023 of the Revised Code and one supervisory teacher 5,412
for every additional one hundred such classroom teachers so 5,413
calculated. Reimbursement for such supervisory services shall be 5,414
a deduction by the state board of education from the payment to 5,415
the school district pursuant to division (E) of section 3317.023 5,416
of the Revised Code. Deductions for all supervisory services and 5,417
extended services for supervisory and child study shall be 5,418
apportioned among local school districts within the territory of 5,419
the service center and any city or exempted village districts 5,420
that have entered into agreements with a service center pursuant 5,421
to section 3313.843 of the Revised Code by the state board of 5,422
education on the basis of the total number of pupils in each 5,423
school district, except that where such services are provided to 5,424
districts other than local school districts within the service 5,426
center territory and city or exempted village districts having
agreements with the service center, such charges shall be 5,427
apportioned among all participating districts on the basis of the 5,429
total number of pupils in each school district. All deductions 5,430
from state funding to school districts required for reimbursement 5,431
of governing boards by division (E) of section 3317.023 of the 5,432
Revised Code shall be made from the total of the payment computed 5,433
FOR THE DISTRICT under sections 3317.022 and 3317.023 of the 5,435
Revised Code THIS CHAPTER, after making any other adjustments in 5,437
120
that payment required by law.
(B)(1) In addition to the payments made under division (A) 5,439
of this section, except as otherwise provided in division (C) of 5,440
this section, the department of education shall pay each 5,441
governing board, each fiscal year, an amount equal to thirty-four 5,442
dollars times the sum of the service center ADM and thirty-four 5,443
dollars times the sum of the client ADMs of all its client 5,444
districts.
(2) IN ADDITION TO OTHER PAYMENTS UNDER THIS SECTION, THE 5,446
DEPARTMENT SHALL PAY EACH EDUCATIONAL SERVICE CENTER THE AMOUNTS 5,447
DUE TO IT FROM SCHOOL DISTRICTS PURSUANT TO CONTRACTS, COMPACTS, 5,448
OR AGREEMENTS UNDER WHICH THE SERVICE CENTER FURNISHES SERVICES 5,449
TO THE DISTRICTS OR THEIR STUDENTS. IN ORDER TO RECEIVE PAYMENT 5,450
UNDER THIS DIVISION, AN EDUCATIONAL SERVICE CENTER SHALL FURNISH 5,451
EITHER A COPY OF THE APPLICABLE CONTRACT, COMPACT, OR AGREEMENT 5,452
CLEARLY INDICATING THE AMOUNTS OF THE PAYMENTS, OR A WRITTEN 5,453
STATEMENT OF THE PAYMENTS OWED SIGNED BY THE SUPERINTENDENT OR
TREASURER OF THE RESPONSIBLE SCHOOL DISTRICT. 5,454
THE AMOUNTS PAID TO SERVICE CENTERS UNDER DIVISION (B)(2) 5,456
OF THIS SECTION SHALL BE DEDUCTED FROM PAYMENTS TO SCHOOL 5,457
DISTRICTS PURSUANT TO DIVISION (K)(2) OF SECTION 3317.023 OF THE 5,459
REVISED CODE.
(C) Beginning with the fiscal year that starts July 1, 5,461
1997, in lieu of the payment specified under division (B) of this 5,463
section, each multicounty service center shall receive a payment 5,464
each fiscal year equal to one per cent times the formula amount 5,465
times the sum of the service center ADM and the client ADMs of 5,466
all its client districts.
(D) Each city, exempted village, local, joint vocational, 5,468
or cooperative education school district shall pay to the 5,470
governing board of an educational service center any amounts
agreed to for each child enrolled in the district who receives 5,471
special education and related services or vocational education 5,472
from the educational service center.
121
(E) As used in this section: 5,474
(1) "Service center ADM" means the total of each of the 5,477
following for all local school districts within the limits of an 5,478
educational service center's territory:
(a) The formula ADM; 5,480
(b) One-half of the THE kindergarten average daily 5,482
membership included in the formula ADM; 5,483
(c) Three-quarters of the number of students reported 5,485
under division (B)(4) of section 3317.03 of the Revised Code; 5,486
(d) The average daily membership of handicapped preschool 5,489
children reported under division (B)(2) of section 3317.03 of the 5,490
Revised Code;
(e) The number of preschool students certified under 5,492
division (B) of section 3317.032 of the Revised Code. 5,493
(2) "Client ADM" means the total of each number described 5,496
under divisions (E)(1)(a) to (e) of this section for a client 5,497
district.
(3) "Client district" means a city or exempted village 5,499
school district that has entered into an agreement to receive 5,500
services from a service center pursuant to section 3313.843 of 5,501
the Revised Code.
(4) "Multicounty service center" means a service center 5,503
that includes territory that formerly was included in the 5,504
territory of at least three former service centers or county 5,505
school districts, which former centers or districts engaged in 5,506
one or more mergers pursuant to section 3311.053 of the Revised 5,507
Code to form the present center.
Sec. 3317.161. As used in this section, "institution" 5,516
means an institution operated by a department specified in 5,517
section 3323.091 of the Revised Code. 5,518
(A)(1) The department of education shall pay each school 5,521
district, educational service center, institution eligible for 5,522
payment under section 3323.091 of the Revised Code, or county 5,523
mr/dd MR/DD board an amount for the total of all classroom units 5,524
122
for handicapped preschool children approved under division (B) of 5,525
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the 5,526
unit, calculated on the basis of the teacher's training level and 5,528
years of experience pursuant to section 3317.13 of the Revised 5,529
Code, plus fifteen per cent of that minimum salary amount, and 5,530
eight thousand twenty-three dollars.
(2) The department shall pay each school district, 5,532
educational service center, institution eligible for payment 5,533
under section 3323.091 of the Revised Code, or county MR/DD board 5,534
an amount for the total of all related services units for 5,535
handicapped preschool children approved under division (C) of 5,536
section 3317.05 of the Revised Code. For each such unit, the 5,537
amount shall be the sum of the minimum salary for the teacher of 5,538
the unit calculated on the basis of the teacher's training level 5,539
and years of experience pursuant to section 3317.13 of the 5,540
Revised Code, fifteen per cent of that minimum salary amount, and 5,541
two thousand one hundred thirty-two dollars.
(B) If a school district or educational service center has 5,544
had additional handicapped preschool units approved for the year 5,545
under division (F)(2) of section 3317.03 of the Revised Code, or 5,546
if a county MR/DD board has had additional handicapped preschool 5,547
units approved under division (G)(3) of section 3317.03 of the 5,548
Revised Code, the district, educational service center, or board 5,549
shall receive an additional amount during the last half of the 5,550
fiscal year. For each district, center, or board, the additional 5,551
amount for each unit shall equal fifty per cent of the amount 5,552
AMOUNTS computed for the unit in the manner prescribed by
division (A) of this section AND DIVISION (C) OF SECTION 3317.162 5,553
OF THE REVISED CODE. 5,554
(C)(1) The department shall pay each institution eligible 5,556
for payment under section 3323.091 of the Revised Code or county 5,558
MR/DD board an amount for the total of all special education 5,559
units approved under division (D)(1) of section 3317.05 of the 5,560
123
Revised Code. The amount for each unit shall be the sum of the 5,562
minimum salary for the teacher of the unit, calculated on the 5,563
basis of the teacher's training level and years of experience 5,564
pursuant to section 3317.13 of the Revised Code, plus fifteen per 5,565
cent of that minimum salary amount, and eight thousand 5,566
twenty-three dollars. 5,567
(2) The department shall pay each institution eligible for 5,569
payment under section 3323.091 of the Revised Code or county 5,570
MR/DD board an amount for the total of all related services units 5,571
approved under division (D)(2) of section 3317.05 of the Revised 5,572
Code. The amount for each unit shall be the sum of the minimum 5,574
salary for the teacher of the unit, calculated on the basis of 5,575
the teacher's training level and years of experience pursuant to 5,576
section 3317.13 of the Revised Code, plus fifteen per cent of 5,577
that minimum salary amount, and two thousand one hundred 5,578
thirty-two dollars. 5,579
(3) If a county MR/DD board has had additional handicapped 5,581
preschool units FOR HANDICAPPED CHILDREN OTHER THAN HANDICAPPED 5,582
PRESCHOOL CHILDREN approved under division (G)(3) of section 5,584
3317.03 of the Revised Code, the board shall receive an 5,585
additional amount during the last half of the fiscal year. For 5,586
each board, the additional amount for each unit shall equal fifty 5,587
per cent of the amount computed for the unit in the manner
prescribed by division (C)(1) of this section AND DIVISION (C) OF 5,588
SECTION 3317.162 OF THE REVISED CODE. 5,589
(D) The department shall pay each institution approved for 5,592
vocational education units under division (A) of section 3317.05 5,593
of the Revised Code an amount for the total of all the units 5,595
approved under that division. The amount for each unit shall be 5,596
the sum of the minimum salary for the teacher of the unit, 5,597
calculated on the basis of the teacher's training level and years 5,598
of experience pursuant to section 3317.13 of the Revised Code, 5,599
plus fifteen per cent of that minimum salary amount, and nine 5,600
thousand five hundred ten dollars. 5,601
124
Sec. 50.11 3317.162. Supplemental Unit Allowance 5,604
(A) As used under IN this heading SECTION: 5,606
(1) "State share PERCENTAGE" has the same meaning as in 5,608
division (B) of section 3317.022 of the Revised Code. 5,609
(2) "Dollar amount" means the amount shown in the 5,611
following table for the corresponding type of unit and the 5,612
appropriate fiscal year: 5,613
DOLLAR AMOUNT 5,615
TYPE OF UNIT FY 1999 5,616
Division (B) of R.C. SECTION 5,617
3317.05 OF THE REVISED CODE $8,334 5,618
Division (C) of R.C. 3317.05 5,619
THAT SECTION $3,234
Division (F) of R.C. 3317.05 5,620
THAT SECTION $3,550
(3) "Average unit amount" means the amount shown in the 5,623
following table for the corresponding type of unit and the 5,624
appropriate fiscal year: 5,625
AVERAGE UNIT AMOUNT 5,627
TYPE OF UNIT FY 1999 5,628
Division (B) of R.C. SECTION 5,629
3317.05 OF THE REVISED CODE $7,799 5,630
Division (C) of R.C. 3317.05 5,631
THAT SECTION $2,966
Division (F) of R.C. 3317.05 5,632
THAT SECTION $3,251
(B) In the case of each unit described in division (B), 5,635
(C), or (F) of section 3317.05 of the Revised Code and allocated 5,637
to a city, local, or exempted village school district, the 5,638
Department DEPARTMENT of Education EDUCATION, in addition to the 5,639
amounts specified in such divisions DIVISION (P)(1) OF SECTION 5,641
3317.024 AND SECTIONS 3317.16, 3317.161, AND 3317.19 OF THE
REVISED CODE, shall pay a supplemental unit allowance equal to 5,642
the sum of the following amounts: 5,643
125
(1) An amount equal to 50% of the average unit amount for 5,645
the unit;
(2) An amount equal to the percentage of the dollar amount 5,647
for the unit that equals the district's state share PERCENTAGE. 5,648
If, prior to the fifteenth day of May of a fiscal year, a 5,650
school district's aid computed under section 3317.022 of the 5,651
Revised Code is recomputed pursuant to section 3317.027 or 5,652
3317.028 of the Revised Code, the department shall also recompute 5,653
the district's entitlement to payment under this section 5,654
utilizing a new state share PERCENTAGE. Such new state share 5,655
PERCENTAGE shall be determined using the district's recomputed 5,656
basic aid amount pursuant to section 3317.027 or 3317.028 of the 5,657
Revised Code. During the last six months of the fiscal year, the 5,658
department shall pay the district a sum equal to one-half of the 5,659
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 5,660
(C)(1) In the case of each unit allocated to a joint 5,662
vocational school district or institution pursuant to division 5,663
(A) of section 3317.05 of the Revised Code, the Department 5,665
DEPARTMENT, in addition to the amount specified in section 5,666
3317.16 OR 3317.161 of the Revised Code, shall pay a supplemental 5,667
unit allowance of $7,227 in fiscal year 1999. 5,668
(2) In the case of each unit described in division (B) or 5,670
(D)(1) of section 3317.05 of the Revised Code that is allocated 5,672
to any entity other than a city, exempted village, or local 5,673
school district, the Department DEPARTMENT, in addition to the 5,674
amount specified in section 3317.161 of the Revised Code, shall
pay a supplemental unit allowance of $7,799 in fiscal year 1999. 5,675
(3) In the case of each unit described in division (C) or 5,678
(D)(2) of section 3317.05 of the Revised Code and allocated to 5,679
any entity other than a city, exempted village, or local school 5,680
district, the Department DEPARTMENT, in addition to the amounts 5,681
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $2,966 in fiscal year 1999. 5,682
126
(4) In the case of each unit described in division (F) of 5,685
section 3317.05 of the Revised Code and allocated to any entity 5,686
other than a city, exempted village, or local school district,
the Department DEPARTMENT, in addition to the amounts specified 5,687
in section 3317.161 of the Revised Code, shall pay a supplemental 5,688
unit allowance of $3,251 in fiscal year 1999. 5,689
Sec. 3317.19. (A) As used in this section, "total unit 5,698
allowance" means an amount equal to the sum of the following: 5,699
(1) The total of the salary allowances for the teachers 5,701
employed in the cooperative education school district for all 5,702
units approved under division (B) or (C) of section 3317.05 of 5,703
the Revised Code. The salary allowance for each unit shall equal 5,704
the minimum salary for the teacher of the unit calculated on the 5,705
basis of the teacher's training level and years of experience 5,706
pursuant to section 3317.13 of the Revised Code. 5,707
(2) Fifteen per cent of the total computed under division 5,710
(A)(1) of this section;
(3) The total of the unit operating allowances for all 5,712
approved units. The amount of each allowance shall equal one of 5,714
the following:
(a) Eight thousand twenty-three dollars times the number 5,716
of preschool handicapped units or fraction thereof approved for 5,717
the year under division (B) of section 3317.05 of the Revised 5,718
Code; 5,719
(b) Two thousand one hundred thirty-two dollars times the 5,721
number of units or fraction thereof approved for the year under 5,722
division (C) of section 3317.05 of the Revised Code. 5,723
(B) The state board of education shall compute and 5,725
distribute to each cooperative education school district for each 5,726
fiscal year an amount equal to the sum of the following: 5,727
(1) An amount equal to the total of the amounts credited 5,729
to the cooperative education school district pursuant to division 5,730
(K) of section 3317.023 of the Revised Code; 5,731
(2) The total unit allowance; 5,733
127
(3) An amount for driver education pursuant to division 5,735
(H)(I) of section 3317.024 of the Revised Code; 5,736
(4) An amount for assisting in providing free lunches to 5,738
needy children and an amount for assisting needy school districts 5,739
in purchasing necessary equipment for food preparation pursuant 5,740
to division (K) of section 3317.024 of the Revised Code. 5,741
(C) If a cooperative education school district has had 5,744
additional special education units approved for the year under 5,745
division (F)(2) of section 3317.03 of the Revised Code, the 5,746
district shall receive an additional amount during the last half 5,747
of the fiscal year. For each unit, the additional amount shall 5,748
equal fifty per cent of the amount computed under division (A) of 5,750
this section for a unit approved under division (B) of section 5,751
3317.05 of the Revised Code.
Sec. 3317.20. NOTWITHSTANDING SECTIONS 3317.01 TO 3317.19 5,753
OF THE REVISED CODE AND SECTION 18 OF AMENDED SUBSTITUTE HOUSE 5,758
BILL NO. 650 OF THE 122nd GENERAL ASSEMBLY, AS AMENDED, PAYMENT 5,760
TO SCHOOL DISTRICTS FOR THE COSTS OF SPECIAL EDUCATION AND 5,761
RELATED SERVICES SHALL BE CALCULATED UNDER THE PROVISIONS OF 5,762
THOSE SECTIONS, WITH THE MODIFICATIONS SPECIFIED BY THIS SECTION. 5,763
(A)(1) IN FISCAL YEAR 1999 THE DEPARTMENT OF EDUCATION 5,766
SHALL NOT APPLY THE COST-OF-DOING-BUSINESS FACTOR TO STUDENTS IN 5,767
A SCHOOL DISTRICT'S CATEGORY ONE, TWO, AND THREE SPECIAL
EDUCATION ADMs FOR PURPOSES OF THE CALCULATION UNDER DIVISION (A) 5,769
OF SECTION 3317.022 OF THE REVISED CODE, DETERMINING THE STATE 5,771
SHARE PERCENTAGE AS DEFINED IN DIVISION (B) OF THAT SECTION, AND 5,772
CALCULATING THE AMOUNT FOR RELATED SERVICES UNDER DIVISION 5,773
(C)(2)(b) OF THAT SECTION; 5,774
(2) IN FISCAL YEAR 2000, THE DEPARTMENT SHALL APPLY FIFTY 5,776
PER CENT OF THE COST-OF-DOING-BUSINESS FACTOR TO STUDENTS IN A 5,777
SCHOOL DISTRICT'S CATEGORY ONE, TWO, AND THREE SPECIAL EDUCATION 5,778
ADMs FOR PURPOSES OF THE CALCULATION UNDER DIVISION (A) OF THAT 5,779
SECTION, DETERMINING THE STATE SHARE PERCENTAGE UNDER DIVISION 5,781
(B) OF THAT SECTION, AND CALCULATING THE AMOUNT FOR RELATED 5,782
128
SERVICES UNDER DIVISION (C)(2)(b) OF THAT SECTION. 5,783
(B)(1) FOR PURPOSES OF DIVISION (A) OF SECTION 3317.022 OF 5,786
THE REVISED CODE, DETERMINING THE STATE SHARE PERCENTAGE AS 5,788
DEFINED IN DIVISION (B) OF THAT SECTION, CALCULATING THE AMOUNT 5,789
FOR RELATED SERVICES UNDER DIVISION (C)(2)(b) OF THAT SECTION, 5,791
AND DETERMINING PER PUPIL AMOUNTS UNDER SECTION 3317.0212 OF THE
REVISED CODE AND SECTION 18 OF AMENDED SUBSTITUTE HOUSE BILL 650 5,797
OF THE 122nd GENERAL ASSEMBLY, AS AMENDED, THE DEPARTMENT SHALL 5,798
ADJUST A DISTRICT'S FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM 5,800
BY MULTIPLYING THE SUM OF ITS CATEGORY TWO AND THREE SPECIAL 5,801
EDUCATION ADMs BY 1.4.
(2) FOR PURPOSES OF CALCULATING TOTAL SPECIAL EDUCATION 5,803
WEIGHT AS DEFINED IN DIVISION (B) OF SECTION 3317.022 OF THE 5,805
REVISED CODE THE DEPARTMENT SHALL USE A WEIGHT OF 2.4 FOR 5,806
STUDENTS IN CATEGORY TWO AND THREE SPECIAL EDUCATION ADMs INSTEAD 5,807
OF A WEIGHT OF 3.01.
(C)(1) AS USED IN THIS DIVISION, "SPEECH FTE" MEANS THE 5,810
NUMBER OF STUDENTS WHOSE ONLY HANDICAP OR PRIMARY HANDICAP IS A 5,811
SPEECH-LANGUAGE HANDICAP, ADJUSTED TO REFLECT THE PERCENTAGE OF 5,813
WEEKS OF THE SCHOOL YEAR THE STUDENT HAS IN EFFECT AN INDIVIDUAL 5,815
EDUCATION PLAN FOR THE HANDICAP AND RECEIVES SPEECH-LANGUAGE
SERVICES. EACH SCHOOL DISTRICT SHALL PROVIDE INFORMATION AS 5,816
REQUESTED BY THE DEPARTMENT TO DETERMINE ITS SPEECH FTE. 5,817
(2) THE DEPARTMENT SHALL ANNUALLY PAY EACH DISTRICT AN 5,819
AMOUNT FOR SERVICES TO STUDENTS WHOSE ONLY HANDICAP OR PRIMARY 5,820
HANDICAP IS A SPEECH-LANGUAGE HANDICAP, EQUAL TO THE SUM OF THE 5,821
FOLLOWING:
(a) THE SPEECH FTE TIMES THE FORMULA AMOUNT TIMES 0.11; 5,824
(b) THE STATE SHARE PERCENTAGE, AS ADJUSTED UNDER THIS 5,826
SECTION, TIMES THE SPEECH FTE TIMES THE FORMULA AMOUNT TIMES 5,828
0.11.
(D) THE DEPARTMENT SHALL ANNUALLY PAY EACH DISTRICT AN 5,831
AMOUNT FOR SCHOOL PSYCHOLOGICAL SERVICES EQUAL TO THE SUM OF THE 5,832
FOLLOWING:
129
(1) FORMULA ADM, AS ADJUSTED UNDER DIVISION (B)(1) OF THIS 5,835
SECTION, TIMES THE FORMULA AMOUNT TIMES 0.003; 5,836
(2) THE STATE SHARE PERCENTAGE, AS ADJUSTED UNDER DIVISION 5,838
(B)(1) OF THIS SECTION, TIMES FORMULA ADM, AS ADJUSTED UNDER 5,840
DIVISION (B)(1) OF THIS SECTION, TIMES THE FORMULA AMOUNT TIMES 5,842
0.003.
(E) THE DEPARTMENT SHALL NOT APPROVE SPECIAL EDUCATION OR 5,845
RELATED SERVICES UNITS, OTHER THAN FOR HANDICAPPED PRESCHOOL 5,846
CHILDREN, IN COUNTY MR/DD BOARDS. EACH STUDENT PROVIDED SPECIAL 5,847
EDUCATION OR RELATED SERVICES BY A COUNTY MR/DD BOARD, OTHER THAN 5,848
HANDICAPPED PRESCHOOL CHILDREN, SHALL BE INCLUDED, ON AN FTE 5,849
BASIS, IN THE FORMULA ADM AND CATEGORY ONE, TWO, OR THREE SPECIAL 5,851
EDUCATION ADM OF THE SCHOOL DISTRICT IN WHICH THE STUDENT IS 5,852
ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3313.65 5,853
OF THE REVISED CODE. EACH SCHOOL DISTRICT SHALL REPORT UNDER 5,854
SECTION 3317.03 OF THE REVISED CODE THE TOTAL AVERAGE DAILY 5,856
MEMBERSHIP OF SUCH STUDENTS, THE AVERAGE DAILY MEMBERSHIP OF 5,857
THOSE STUDENTS RECEIVING CATEGORY ONE SPECIAL EDUCATION SERVICES 5,858
FOR THE HANDICAPS DESCRIBED IN DIVISION (A) OF SECTION 3317.013 5,860
OF THE REVISED CODE, THE AVERAGE DAILY MEMBERSHIP OF THOSE 5,862
STUDENTS RECEIVING CATEGORY TWO SPECIAL EDUCATION SERVICES FOR 5,863
THE HANDICAPS DESCRIBED IN DIVISION (B) OF THAT SECTION, AND THE 5,864
AVERAGE DAILY MEMBERSHIP OF THOSE STUDENTS RECEIVING CATEGORY 5,865
THREE SPECIAL EDUCATION SERVICES FOR THE HANDICAPS DESCRIBED IN 5,866
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE. 5,868
THE DEPARTMENT SHALL DEDUCT FROM PAYMENTS TO A SCHOOL 5,871
DISTRICT UNDER THIS CHAPTER AND PAY TO A COUNTY MR/DD BOARD THE 5,872
AMOUNTS AGREED BY THE DISTRICT AND THE COUNTY MR/DD BOARD IN A 5,874
CONTRACT, COMPACT, OR OTHER AGREEMENT AS PAYMENT FOR THE SPECIAL 5,875
EDUCATION AND RELATED SERVICES PROVIDED BY THE COUNTY MR/DD BOARD 5,877
FOR THE DISTRICT'S STUDENTS. 5,878
(F) IN DETERMINING "FUNDAMENTAL FY 1997 STATE AID" AND 5,881
"FUNDAMENTAL FY 1998 STATE AID" UNDER SECTION 3317.0212 OF THE 5,883
REVISED CODE AND "FY 1998 STATE AID" UNDER SECTION 18 OF AMENDED 5,886
130
SUBSTITUTE HOUSE BILL NO. 650 OF THE 122nd GENERAL ASSEMBLY, AS 5,890
AMENDED, THE DEPARTMENT SHALL ADD TO THOSE AMOUNTS AN ESTIMATED 5,891
PORTION OF THE STATE MONEY DISTRIBUTED IN THE APPLICABLE FISCAL
YEAR TO COUNTY MR/DD BOARDS FOR APPROVED SPECIAL EDUCATION AND 5,893
RELATED SERVICES UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS, 5,894
ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT. UPON REQUEST 5,895
OF THE DEPARTMENT, A COUNTY MR/DD BOARD SHALL FURNISH DATA NEEDED 5,897
TO CALCULATE THESE AMOUNTS.
(G) IN DETERMINING "FY 1997 ADM" AND "FY 1998 ADM" AS 5,902
DEFINED IN SECTION 3317.02 OF THE REVISED CODE, THE DEPARTMENT 5,904
SHALL ADD TO THOSE NUMBERS THE AVERAGE DAILY MEMBERSHIP ON AN FTE 5,905
BASIS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT PURSUANT TO 5,906
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE BUT RECEIVING 5,908
EDUCATIONAL SERVICES IN APPROVED UNITS FROM A COUNTY MR/DD BOARD. 5,909
THE DEPARTMENT ALSO SHALL ADJUST THOSE ADMs BY MULTIPLYING THE 5,910
SUM OF THE CATEGORY TWO AND THREE SPECIAL EDUCATION ADMs BY 1.4. 5,912
UPON REQUEST OF THE DEPARTMENT, A COUNTY MR/DD BOARD SHALL 5,913
FURNISH DATA NEEDED TO CALCULATE THESE AMOUNTS. 5,914
(H) IN DETERMINING "STATE BASIC AID" UNDER SECTION 5,917
3317.0212 OF THE REVISED CODE AND "FY 1999 STATE AID," "FY 2000 5,919
STATE AID," "FY 2001 STATE AID," AND "FY 2002 STATE AID" UNDER 5,922
SECTION 18 OF AMENDED SUBSTITUTE HOUSE BILL NO. 650 OF THE 122nd 5,926
GENERAL ASSEMBLY, AS AMENDED, THE DEPARTMENT SHALL USE THE 5,927
AMOUNTS SPECIFIED IN THOSE SECTIONS, AS MODIFIED BY DIVISIONS (A) 5,929
TO (G) OF THIS SECTION. 5,930
(I)(1) THE RATIO OF STUDENTS IN A SCHOOL DISTRICT'S 5,933
CATEGORY ONE SPECIAL EDUCATION ADM TO LICENSED PROFESSIONALS 5,934
APPROPRIATELY TRAINED IN SPECIAL EDUCATION SHALL NOT EXCEED 5,935
SIXTEEN TO ONE.
(2) THE RATIO OF STUDENTS IN A SCHOOL DISTRICT'S CATEGORY 5,937
TWO AND THREE SPECIAL EDUCATION ADMs TO LICENSED PROFESSIONALS 5,938
APPROPRIATELY TRAINED IN SPECIAL EDUCATION SHALL NOT EXCEED EIGHT 5,939
TO ONE. 5,940
131
Sec. 3318.06. After receipt of the conditional approval of 5,949
the Ohio school facilities commission, the school district board 5,951
by a majority of all of its members shall, if it desires to 5,952
proceed with the project, declare all of the following by 5,953
resolution:
(A) That with a net bonded indebtedness of within five 5,955
thousand dollars of the required level of indebtedness or by 5,956
issuing bonds in an amount equal to the required percentage of 5,957
the project costs, the district is unable to provide adequate 5,958
classroom facilities without assistance from the state; 5,959
(B) That to qualify for such state assistance it is 5,961
necessary to levy a tax outside the ten-mill limitation the 5,962
proceeds of which shall be used to pay the cost of maintaining 5,964
the classroom facilities included in the project, except that in
any year the district's adjusted valuation per pupil is greater 5,965
than the state-wide median adjusted valuation per pupil one-half 5,966
of the proceeds of the tax shall be used for such maintenance and 5,967
one-half of such proceeds shall be used to pay the cost of the 5,968
purchase of the classroom facilities from the state; 5,969
(C) That the question of such tax levy shall be submitted 5,971
to the electors of the school district at the next general or 5,972
primary election, if there be a general or primary election not 5,973
less than seventy-five and not more than ninety-five days after 5,974
the day of the adoption of such resolution or, if not, at a 5,975
special election to be held at a time specified in the resolution 5,976
which shall be not less than seventy-five days after the day of 5,977
the adoption of the resolution and which shall be in accordance 5,978
with the requirements of section 3501.01 of the Revised Code. 5,979
Such resolution shall also state, if such be the case, that 5,981
the question of issuing bonds of the board shall be combined in a 5,982
single proposal with the question of such tax levy. More than 5,983
one election under this section may be held in any one calendar 5,984
year. Such resolution shall specify both of the following: 5,985
(1) That the rate which it is necessary to levy shall be 5,987
132
at the rate of one-half mill for each one dollar of valuation, 5,988
and that such tax shall be levied until the purchase price is 5,990
paid but in no case longer than twenty-three years; 5,991
(2) That the proceeds of the tax shall be used to pay the 5,993
cost of maintaining the classroom facilities included in the 5,994
project, except in any year the district's adjusted valuation per 5,995
pupil is greater than the statewide median adjusted valuation per 5,996
pupil one-half of the proceeds of the tax shall be used for such 5,997
maintenance and one-half of the proceeds of the tax shall be used 5,998
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. 5,999
A copy of such resolution shall after its passage and not 6,001
less than seventy-five days prior to the date set therein for the 6,002
election be certified to the county board of elections. 6,003
If the question of issuing bonds of the board is to be 6,005
combined with the question of levying the tax, the THE resolution 6,006
of the school district board, in addition to meeting other 6,008
applicable requirements of section 133.18 of the Revised Code, 6,009
shall state that the amount of bonds to be issued will be either 6,010
whatever amount may be necessary to raise the net bonded 6,011
indebtedness of the school district to within five thousand 6,012
dollars of the required level of indebtedness calculated for the 6,013
year preceding the year in which such resolution is adopted or an 6,014
amount equal to the required percentage of the basic project 6,015
costs, whichever is greater and state that the maximum maturity 6,016
of the bonds which, notwithstanding section 133.20 of the Revised 6,017
Code, may be any number of years not exceeding twenty-three as 6,018
determined by the board. In estimating the amount of bonds to be 6,019
issued, the board shall take into consideration the amount of 6,020
moneys then in the bond retirement fund and the amount of moneys 6,021
to be collected for and disbursed from the bond retirement fund 6,022
during the remainder of the year in which the resolution of 6,023
necessity is adopted.
Notice of the election shall include the fact that the tax 6,025
133
levy shall be at the rate of one-half mill for each one dollar of 6,026
valuation, that the levy shall be made until the purchase price 6,028
is paid but in no case longer than twenty-three years, and that 6,029
the proceeds of the tax shall be used to pay the cost of 6,030
maintaining the classroom facilities included in the project, 6,031
except in any year the district's adjusted valuation per pupil is 6,032
greater than the statewide median adjusted valuation per pupil 6,033
one-half of the proceeds of the tax shall be used for such 6,034
maintenance and one-half of the proceeds of the tax shall be used 6,035
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. 6,036
The form of the ballot to be used at such election shall 6,038
be: 6,039
"A majority affirmative vote is necessary for passage. 6,041
Shall bonds be issued by the Board of Education of the 6,043
............ (here insert name of school district) for the 6,044
purpose of ............ (here insert purpose of bond issue) in 6,045
either an amount sufficient to raise the net indebtedness of the 6,046
school district to within five thousand dollars of ............ 6,047
(here insert five, six, or seven per cent depending on the 6,048
district's required level of indebtedness) of the total value of 6,049
all property in the school district as listed and assessed for 6,050
taxation on the tax duplicate for the year ............ (here 6,051
insert the year preceding the year in which the resolution 6,052
declaring the necessity of the election was adopted) or an amount 6,054
equal to ............ (here insert the required percentage of the 6,055
basic project costs), whichever is greater, and a levy of taxes 6,056
be made outside of the ten-mill limitation for a maximum period 6,057
of ............ (here insert longest maturity) years to pay the 6,058
principal and interest of such bonds, the amount of such bonds 6,059
being estimated to be ............ (here insert estimated amount 6,060
of bond issue) for which the levy of taxes is estimated by the 6,061
county auditor to average ............ (here insert number of 6,062
mills) mills for each one dollar of valuation, which amounts to 6,063
134
............ (here insert rate expressed in dollars and cents) 6,064
for each one hundred dollars of valuation?" 6,065
and 6,067
"Shall an additional levy of taxes be made for the benefit 6,069
of the ............ (name of school district), the proceeds of 6,070
which shall be used to pay the cost of maintaining the classroom 6,072
facilities included in the project, except that in any year the 6,073
district's adjusted valuation per pupil is greater than the
state-wide median adjusted valuation per pupil one-half of the 6,074
proceeds of the tax shall be used for such maintenance and 6,075
one-half of such proceeds shall be used to pay the cost of the 6,076
purchase of classroom facilities from the state, at the rate of 6,077
one-half mill for each one dollar of valuation until the purchase 6,079
price is paid but in no case longer than twenty-three years? 6,080
_______________________________________________ 6,082
FOR THE BOND ISSUE AND TAX LEVY 6,083
_______________________________________________ 6,084
AGAINST THE BOND ISSUE AND TAX LEVY 6,085
_______________________________________________ " 6,086
Where it is not necessary to include the question of 6,089
issuing bonds of the school district board with the question of 6,090
levying the tax, the first paragraph of the foregoing ballot form 6,091
shall be omitted and the question to be voted on shall be "For 6,092
the Tax Levy" and "Against the Tax Levy." 6,093
(D) If it is necessary for the school district to acquire 6,095
a site for the classroom facilities to be acquired pursuant to 6,096
sections 3318.01 to 3318.20 of the Revised Code, the district 6,097
board may propose either to issue bonds of the board or to levy a 6,098
tax to pay for the acquisition of such site, and may combine the 6,099
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 6,100
purpose of acquiring a site are a general obligation of the 6,101
school district and are Chapter 133. securities. 6,102
The form of that portion of the ballot to include the 6,104
135
question of either issuing bonds or levying a tax for site 6,105
acquisition purposes shall be one of the following: 6,106
(1) "Shall bonds be issued by the board of education of 6,108
the ......... (name of the school district) for the purpose of 6,109
.......... (purpose of the bond issue, which shall be for the 6,110
purpose of acquiring a site for classroom facilities) in the 6,111
principal amount of ........ (principal amount of the bond
issue), to be repaid annually over a maximum period of ......... 6,112
(maximum number of years over which the principal of the bonds 6,113
may be paid) years, and an annual levy of property taxes be made 6,114
outside the ten-mill limitation, estimated by the county auditor 6,115
to average over the repayment period of the bond issue ....... 6,116
(number of mills) mills for each one dollar of tax valuation, 6,117
which amount to ....... (rate expressed in dollars and cents) for
each one hundred dollars of valuation?" 6,118
(2) "Shall an additional levy of taxes be made for the 6,120
benefit of the ......... (name of the school district) ......... 6,121
for the purpose ......... (purpose of the levy, which shall be 6,122
for the purpose of acquiring a site for classroom facilities) in 6,123
the sum of ......... (annual amount the levy is to produce) and a 6,124
levy of taxes to be made outside of the ten-mill limitation 6,125
estimated by the county auditor to average ........ (number of 6,126
mills) mills for each one hundred dollars of valuation, for a
period of ......... (number of years the millage is to be 6,127
imposed) years?"
Where it is necessary to combine the question of issuing 6,129
bonds of the school district and levying a tax as described in 6,130
division (C) of this section with the question of issuing bonds 6,131
of the school district for acquisition of a site, the question 6,132
specified in division (C) of this section to be voted on shall be 6,133
"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 6,134
include the question of issuing bonds as described in division 6,136
(C) of this section, the question specified in that division to 6,137
136
be voted on shall be "For the Bond Issue and the Tax Levy" and 6,138
"Against the Bond Issue and the Tax Levy."
Where it is necessary to combine the question of issuing 6,140
bonds of the school district and levying a tax as described in 6,141
division (C) of this section with the question of levying a tax 6,142
for the acquisition of a site, the question specified in division 6,143
(C) of this section to be voted on shall be "For the Bond Issue 6,144
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." In the event it is not necessary to include the 6,145
question of issuing bonds as described in division (C) of this 6,147
section, the question specified in that division to be voted on 6,148
shall be "For the Tax Levies" and "Against the Tax Levies." 6,149
If a majority of those voting upon a proposition hereunder 6,151
which includes the question of issuing bonds vote in favor 6,152
thereof, and if the agreement provided for by section 3318.08 of 6,153
the Revised Code has been entered into, the school district board 6,154
may proceed under Chapter 133. of the Revised Code, with the 6,155
issuance of bonds or bond anticipation notes in accordance with 6,156
the terms of the agreement. 6,157
Sec. 3318.08. If the requisite favorable vote on the 6,166
election is obtained, the Ohio school facilities commission, upon 6,168
certification of the results of the election to it, shall enter 6,169
into a written agreement with the school district board for the 6,170
construction and sale of the project, which agreement shall 6,171
include, but need not be limited to, the following provisions: 6,172
(A) The sale and issuance of bonds or notes in 6,174
anticipation thereof, as soon as practicable after the execution 6,175
of the agreement, in either an amount which will raise the net 6,176
bonded indebtedness of the school district, as of the date of the 6,177
resolution authorizing the issuance of such bonds or notes, to 6,178
within five thousand dollars of the required level of 6,179
indebtedness calculated for the year preceding the year in which 6,180
the resolution declaring the necessity of the election was 6,182
adopted or an amount equal to the required percentage of the 6,183
137
basic project costs, whichever is greater; provided, that if at 6,184
that time the county treasurer of each county in which the school 6,185
district is located has not commenced the collection of taxes on 6,186
the general duplicate of real and public utility property for 6,187
such year, the school district board shall authorize the issuance 6,188
of a first installment of bond anticipation notes in an amount 6,189
specified by the agreement, which amount shall not exceed an 6,190
amount necessary to raise the net bonded indebtedness of the 6,191
school district as to the date of such authorizing resolution to 6,192
within five thousand dollars of the required level of 6,193
indebtedness for the preceding year. In the event that a first 6,194
installment of bond anticipation notes is issued, the school 6,195
district board shall, as soon as practicable after the county 6,196
treasurer of each county in which the school district is located 6,197
has commenced the collection of taxes on the general duplicate of 6,198
real and public utility property for the year in which the 6,199
resolution declaring the necessity of the election was adopted, 6,200
authorize the issuance of a second and final installment of bond 6,201
anticipation notes or a first and final issue of bonds. The 6,202
combined value of the first and second installment of bond 6,203
anticipation notes or the value of the first and final issue of 6,204
bonds shall be equal to either an amount which will raise the net 6,205
indebtedness of the school district as of the date of such 6,206
authorizing resolution to within five thousand dollars of the 6,207
required level of indebtedness, or an amount equal to the 6,208
required percentage of the project costs, whichever is greater. 6,209
The proceeds of any such bonds shall be used first to retire any 6,210
bond anticipation notes. Otherwise, the proceeds of such bonds 6,211
and of any bond anticipation notes, except the premium and 6,212
accrued interest thereon, shall be deposited in the school
district's project construction fund. In determining the amount 6,213
of net indebtedness for the purpose of fixing the amount of an 6,214
issue of either bonds or bond anticipation notes, gross 6,215
indebtedness shall be reduced by moneys in the bond retirement 6,216
138
fund only to the extent of the moneys therein on the first day of 6,217
the year preceding the year in which the resolution authorizing 6,218
such bonds or notes is adopted. Should there be a decrease in 6,220
the tax valuation of the school district so that the amount of 6,221
indebtedness which can be incurred on the tax duplicates for the 6,222
year in which the resolution declaring the necessity of the 6,223
election was adopted is less than the amount of the first 6,224
installment of bond anticipation notes, there shall be paid from 6,225
the school district's project construction fund to the school 6,226
district's bond retirement fund to be applied against such notes 6,228
an amount sufficient to cause the net indebtedness of the school 6,229
district, as of the first day of the year following the year in 6,230
which the resolution declaring the necessity of the election was 6,231
adopted, to be within five thousand dollars of the required level 6,232
of indebtedness for the year in which that resolution was 6,233
adopted. The maximum amount of indebtedness to be incurred by 6,234
any school district board as its share of the cost of the project 6,235
is either an amount which will cause its net indebtedness, as of 6,236
the first day of the year following the year in which the 6,237
resolution declaring the necessity of the bond issue was adopted, 6,238
to be within five thousand dollars of the required level of 6,239
indebtedness calculated for the year preceding the year in which 6,240
that resolution was adopted or an amount equal to the required 6,242
percentage of the basic project costs, whichever is greater. All 6,243
bonds and bond anticipation notes shall be issued in accordance 6,244
with Chapter 133. of the Revised Code, and notes may be renewed 6,245
as provided in section 133.22 of the Revised Code. 6,246
(B) The transfer of such funds of the school district 6,248
board available for the project, together with the proceeds of 6,249
the sale of the bonds or notes, except premium, accrued interest, 6,250
and interest included in the amount of the issue, to the school 6,251
district's project construction fund; 6,252
(C) The levy of the tax authorized at the election for the 6,254
payment of maintenance costs or the cost of purchasing the 6,256
139
classroom facilities;
(D) Ownership of the project during the period of 6,258
construction, which shall be divided between the commission and 6,260
the school district board in proportion to their respective 6,261
contributions to the school district's project construction fund; 6,263
(E) The transfer of the state's interest in the project to 6,265
the school district upon completion of the project; 6,266
(F) The insurance of the project by the school district 6,268
from the time there is an insurable interest therein and so long 6,269
as any part of the purchase price remains unpaid, in such amounts 6,270
and against such risks as the commission shall require; provided, 6,273
that the cost of any required insurance until the project is 6,274
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 6,276
management that funds are available and have been set aside to 6,277
meet the state's share of the basic project cost as approved by 6,279
the controlling board pursuant to section 3318.04 of the Revised 6,280
Code;
(H) Authorization of the school district board to 6,282
advertise for and receive construction bids for the project, for 6,283
and on behalf of the commission, and to award contracts in the 6,285
name of the state subject to approval by the commission; 6,286
(I) Provisions for the disbursement of moneys from the 6,288
school district's project account upon issuance by the commission 6,290
or the commission's designated representative of vouchers for 6,291
work done to be certified to the commission by the treasurer of 6,294
the school district board; 6,295
(J) Disposal of any balance left in the school district's 6,297
project construction fund upon completion of the project; 6,299
(K) Prohibition against alienation of any interest in the 6,301
project by the school district board or its successor in interest 6,302
without the consent of the commission so long as any part of the 6,304
purchase price of the project remains unpaid, but in no case 6,305
longer than twenty-three years; 6,306
140
(L) Limitations upon use of the project or any part of it 6,308
so long as any part of the purchase price of the project remains 6,309
unpaid, but in no case longer than twenty-three years; 6,310
(M) Suspension of the power to issue bonds or notes by the 6,312
school district board for permanent improvements without the 6,313
prior consent of the commission for so long as any part of the 6,315
purchase price of the project remains unpaid, but in no case 6,316
longer than twenty-three years; 6,317
(N) Provision for vesting absolute interest in the project 6,319
in the school district board when the purchase price has been 6,320
paid or at the expiration of the period of twenty-three years; 6,321
(O)(N) Provision for deposit of an executed copy of the 6,323
agreement in the office of the commission and the office of the 6,325
county recorder of the county or counties in which the project is 6,326
situated; 6,327
(P)(O) Provision for termination of the contract and 6,329
release of the funds encumbered at the time of the conditional 6,330
approval, if the proceeds of the sale of the bonds of the school 6,331
district board are not paid into the school district's project 6,332
construction fund and if bids for the construction of the project 6,335
have not been taken within such period after the execution of the 6,336
agreement as may be fixed by the commission; 6,337
(Q)(P) Provision for the school district to maintain the 6,339
project in accordance with a plan approved by the commission; 6,341
(R)(Q) Provision that all state funds reserved and 6,344
encumbered to pay the state share of the cost of the project 6,345
pursuant to section 3318.03 of the Revised Code be spent on the 6,346
construction or acquisition of the project prior to the 6,347
expenditure of any funds provided by the school district to pay 6,348
for its share of the project cost, unless the school district 6,349
certifies to the commission that expenditure by the school 6,350
district is necessary to maintain the tax-exempt status of notes 6,351
or bonds issued by the school district to pay for its share of 6,352
the project cost in which case, the school district may commit to 6,353
141
spend, or spend, a portion of the funds it provides. 6,354
Sec. 3318.10. When such working drawings, specifications, 6,363
and estimates of cost have been approved by the school district 6,364
board and the Ohio school facilities commission, the treasurer of 6,366
the school district board shall advertise for construction bids 6,367
for the project once a week for four THREE consecutive weeks in a 6,368
newspaper published in and of general circulation in the county 6,369
in which the project is located. Such notices shall state that 6,370
plans and specifications for the project are on file in the 6,371
office of the commission and such other place as may be 6,373
designated in such notice, and the time and place when and where 6,374
bids therefor will be received.
The form of proposal to be submitted by bidders shall be 6,376
supplied by the commission. Bidders may be permitted to bid upon 6,379
all the branches of work and materials to be furnished and
supplied, upon any branch thereof, or upon all or any thereof. 6,380
A proposal shall be invalid and not considered unless it 6,382
meets the requirements of section 153.54 of the Revised Code. 6,383
When the construction bids for all branches of work and 6,385
materials have been tabulated, the commission shall cause to be 6,386
prepared a revised estimate of the basic project cost based upon 6,389
the lowest responsible bids received. If such revised estimate 6,390
exceeds the estimated basic project cost as approved by the 6,391
controlling board pursuant to section 3318.04 of the Revised 6,392
Code, no contracts may be entered into pursuant to this section 6,393
unless such revised estimate is approved by the commission and by 6,394
the controlling board referred to in section 3318.04 of the 6,395
Revised Code. When such revised estimate has been prepared, and 6,396
after such approvals are given, if necessary, and if the school 6,397
district board has caused to be transferred to the project 6,398
construction fund the proceeds from the sale of the first or 6,400
first and final installment of its bonds or bond anticipation 6,401
notes pursuant to the provision of written agreement required by 6,402
division (B) of section 3318.08 of the Revised Code, and when the 6,403
142
director of budget and management has certified that there is a 6,404
balance in the appropriation, not otherwise obligated to pay 6,405
precedent obligations, pursuant to which the state's share of 6,406
such revised estimate is required to be paid, the contract for
all branches of work and materials to be furnished and supplied, 6,407
or for any branch thereof as determined by the school district 6,408
board, shall be awarded by the school district board to the 6,409
lowest responsible bidder subject to the approval of the 6,410
commission. Such award shall be made within thirty SIXTY days 6,413
after the date on which the bids are opened, and the successful 6,415
bidder shall enter into a contract within ten days after the 6,416
successful bidder is notified of the award of the contract. 6,417
Subject to the approval of the commission, the school 6,419
district board may reject all bids and readvertise. Any contract 6,422
made under this section shall be made in the name of the state 6,423
and executed on its behalf by the president and treasurer of the 6,424
school district board.
The provisions of sections 153.50 to 153.99 of the Revised 6,426
Code, which are applicable to construction contracts of boards of 6,427
education and which permit bids to be made for two or more trades 6,428
or kinds of work, shall apply to construction contracts for the 6,429
project to the exclusion of sections 153.01 to 153.20 of the 6,430
Revised Code applicable to state construction contracts. 6,431
The remedies afforded to any subcontractor, materials 6,433
supplier, laborer, mechanic, or persons furnishing material or 6,435
machinery for the project under sections 1311.26 to 1311.32 of 6,436
the Revised Code, shall apply to contracts entered into under 6,437
this section and the itemized statement required by section 6,438
1311.26 of the Revised Code shall be filed with the school 6,439
district board.
Sec. 3319.22. (A) The state board of education shall 6,448
adopt rules establishing the standards and requirements for 6,449
obtaining temporary, associate, provisional, and professional 6,450
educator licenses of any categories, types, and levels the board 6,451
143
elects to provide. However, no educator license shall be 6,452
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 6,454
or rescinds for educator licenses under this section, division 6,455
(D) of section 3301.07 of the Revised Code, or any other law 6,456
shall be adopted, amended, or rescinded under Chapter 119. of the 6,457
Revised Code except as follows: 6,458
(1) Notwithstanding division (D) of section 119.03 and 6,461
division (A)(1) of section 119.04 of the Revised Code, the 6,462
effective date of any rules, or amendment or rescission of any 6,463
rules, shall not be as prescribed in division (D) of section 6,464
119.03 and division (A)(1) of section 119.04 of the Revised Code. 6,465
Instead, the rules or amendment or rescission of the rules shall 6,466
take effect only after the rules or amendment or rescission of 6,467
the rules are filed with the chairpersons of the committees of 6,468
the house of representatives and of the senate that are primarily 6,469
responsible for consideration of education legislation and only 6,470
after approval by the general assembly through adoption of a 6,471
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 6,472
the rules shall be the later of the date on which the concurrent 6,473
resolution is adopted by the second house or the date prescribed 6,474
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 6,476
rescind emergency rules in division (F) of section 119.03 of the 6,477
Revised Code, this authority shall not apply to the state board 6,478
of education with regard to rules for educator licenses. 6,479
(C)(1) The rules adopted under this section establishing 6,481
standards requiring additional coursework for the renewal of any 6,482
educator license shall require a school district and a chartered 6,483
nonpublic school to establish local professional development 6,484
committees. In a nonpublic school, the chief administrative 6,485
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 6,486
144
shall determine whether coursework that a district or chartered 6,487
nonpublic school teacher proposes to complete meets the 6,488
requirement of the rules. The rules shall establish a procedure 6,489
by which a teacher may appeal the decision of a local 6,490
professional development committee.
(2) In any school district in which there is no exclusive 6,492
representative established under Chapter 4117. of the Revised 6,493
Code, the professional development committees shall be 6,494
established as described in division (C)(2) of this section. 6,495
Not later than the effective date of the rules adopted 6,497
under this section, the board of education of each school 6,498
district shall establish the structure for one or more local 6,499
professional development committees to be operated by such school 6,500
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 6,501
an anniversary of the date upon which the current committee 6,502
structure was established, the board provides notice to all 6,503
affected district employees that the committee structure is to be 6,504
modified. Professional development committees may have a
district level or building level scope of operations, and may be 6,505
established with regard to particular grade or age levels for 6,506
which an educator license is designated. 6,507
Each professional development committee shall consist of at 6,509
least three classroom teachers employed by the district, one 6,510
principal employed by the district, and one other employee of the 6,511
district appointed by the district superintendent. For 6,512
committees with a building level scope, the teacher and principal 6,513
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 6,514
teachers assigned to that building. For committees with a 6,515
district level scope, the teacher members shall be elected by 6,516
majority vote of the classroom teachers of the district, and the 6,517
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 6,518
145
principals employed by the district, in which case the one or two 6,519
principals employed shall serve on the committee. If a committee 6,520
has a particular grade or age level scope, the teacher members 6,521
shall be licensed to teach such grade or age levels, and shall be 6,522
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 6,523
serving in buildings where any such teachers serve. The district 6,524
superintendent shall appoint a replacement to fill any vacancy 6,525
that occurs on a professional development committee, except in 6,526
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 6,527
of the committee so selected. 6,528
Terms of office on professional development committees 6,530
shall be prescribed by the district board establishing the 6,531
committees. The conduct of elections for members of professional 6,532
development committees shall be prescribed by the district board 6,533
establishing the committees. A professional development
committee may include additional members, except that the 6,534
majority of members on each such committee shall be classroom 6,535
teachers employed by the district. Any member appointed to fill 6,536
a vacancy occurring prior to the expiration date of the term for 6,537
which a predecessor was appointed shall hold office as a member 6,538
for the remainder of that term.
The initial meeting of any professional development 6,540
committee, upon election and appointment of all committee 6,541
members, shall be called by a member designated by the district 6,542
superintendent. At this initial meeting, the committee shall 6,543
select a chairperson and such other officers the committee deems 6,544
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 6,545
chairperson or upon the filing of a petition with the district 6,546
superintendent signed by a majority of the committee members 6,547
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 6,549
146
representative has been established pursuant to Chapter 4117. of 6,550
the Revised Code, professional development committees shall be 6,551
established in accordance with any collective bargaining 6,552
agreement in effect in the district that includes provisions for
such committees. 6,553
If the collective bargaining agreement does not specify a 6,555
different method for the selection of teacher members of the 6,556
committees, the exclusive representative of the district's 6,557
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 6,559
different structure for the committees, the board of education of 6,560
the school district shall establish the structure, including the 6,561
number of committees and the number of teacher and administrative 6,562
members on each committee; the specific administrative members to 6,563
be part of each committee; whether the scope of the committees 6,564
will be district levels, building level, or by type of grade or
age levels for which educator licenses are designated; the 6,565
lengths of terms for members; the manner of filling vacancies on 6,566
the committees; and the frequency and time and place of meetings. 6,567
However, in all cases, EXCEPT AS PROVIDED IN DIVISION (C)(4) OF 6,568
THIS SECTION, there shall be a majority of teacher members of any 6,570
professional development committee, there shall be at least five 6,571
total members of any professional development committee, and the 6,572
exclusive representative shall designate replacement members in 6,573
the case of vacancies among teacher members, unless the
collective bargaining agreement specifies a different method of 6,574
selecting such replacements. 6,575
(4) WHENEVER AN ADMINISTRATOR'S COURSEWORK PLAN IS BEING 6,578
DISCUSSED OR VOTED UPON, THE LOCAL PROFESSIONAL DEVELOPMENT 6,579
COMMITTEE SHALL, AT THE REQUEST OF ONE OF ITS ADMINISTRATIVE 6,580
MEMBERS, CAUSE A MAJORITY OF THE COMMITTEE TO CONSIST OF 6,581
ADMINISTRATIVE MEMBERS BY REDUCING THE NUMBER OF TEACHER MEMBERS 6,582
VOTING ON THE PLAN. 6,583
Sec. 3323.091. (A) The department of mental health, the 6,592
147
department of mental retardation and developmental disabilities, 6,593
the department of youth services, and the department of 6,594
rehabilitation and correction shall establish and maintain 6,595
special education programs for handicapped children in 6,596
institutions under their jurisdiction according to standards 6,597
adopted by the state board of education. The superintendent of 6,598
each institution providing special education under this chapter 6,599
may apply to the state department of education for unit funding, 6,600
which shall be paid in accordance with section SECTIONS 3317.161 6,601
AND 3317.162 of the Revised Code. 6,602
(B) On or before the thirtieth day of June of each year, 6,604
the superintendent of each institution that during the school 6,605
year provided special education pursuant to this section shall 6,606
prepare a statement for each handicapped child under twenty-two 6,607
years of age who has received special education. The statement 6,608
shall contain the child's name and the name of the child's school 6,609
district of residence. Within sixty days after receipt of such 6,610
statement, the department of education shall perform one of the 6,611
following: 6,612
(1) For any child except a handicapped preschool child 6,614
described in division (B)(2) of this section, pay to the 6,615
institution submitting the statement an amount equal to the 6,616
tuition calculated under division (A) of section 3317.08 of the 6,617
Revised Code for the period covered by the statement, and deduct 6,618
the same from the amount of state funds, if any, payable under 6,619
sections 3317.022 and 3317.023 of the Revised Code, to the 6,620
child's school district of residence or, if the amount of such 6,621
state funds is insufficient, require the child's school district 6,622
of residence to pay the institution submitting the statement an 6,623
amount equal to the amount determined under this division. 6,624
(2) For any handicapped preschool child not included in a 6,626
unit approved under division (B) of section 3317.05 of the 6,627
Revised Code, perform the following: 6,628
(a) Pay to the institution submitting the statement an 6,630
148
amount equal to the tuition calculated under division (B) of 6,631
section 3317.08 of the Revised Code for the period covered by the 6,632
statement, except that in calculating the tuition under that 6,633
section the operating expenses of the institution submitting the 6,634
statement under this section shall be used instead of the 6,635
operating expenses of the school district of residence; 6,636
(b) Deduct from the amount of state funds, if any, payable 6,638
under sections 3317.022 and 3317.023 of the Revised Code to the 6,639
child's school district of residence an amount equal to the 6,640
amount paid under division (B)(2)(a) of this section. 6,641
Sec. 3323.12. The board of education of a school district 6,650
shall provide home instruction for handicapped children three to 6,651
twenty-one years of age who are unable to attend school, even 6,652
with the help of special transportation. The board may arrange 6,653
for the provision of home instruction for a child by a
cooperative agreement or contract with a county board of mental 6,654
retardation and developmental disabilities or other educational 6,655
agency. For the purposes of determining average formula ADM 6,656
under section 3317.03 of the Revised Code, five hours of home 6,658
instruction shall be equivalent to attendance for five school 6,659
days.
Sec. 3345.122. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 6,661
A MEMBER OF A BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER 6,662
EDUCATION, AS DEFINED IN SECTION 3345.12 OF THE REVISED CODE, IS 6,663
NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR
LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY IS CAUSED BY AN 6,664
EXPENDITURE MADE OR A CONTRACT ENTERED INTO BY THE INSTITUTION OF 6,665
HIGHER EDUCATION UNLESS THE TRUSTEE ACTED WITH MALICIOUS PURPOSE, 6,666
IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER WITH RESPECT TO 6,667
THE EXPENDITURE OR CONTRACT.
Sec. 3734.57. (A) For the purposes of paying the state's 6,676
long-term operation costs or matching share for actions taken 6,677
under the "Comprehensive Environmental Response, Compensation, 6,678
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 6,679
149
amended; paying the costs of measures for proper clean-up of 6,680
sites where polychlorinated biphenyls and substances, equipment, 6,681
and devices containing or contaminated with polychlorinated 6,682
biphenyls have been stored or disposed of; paying the costs of 6,683
conducting surveys or investigations of solid waste facilities or 6,684
other locations where it is believed that significant quantities 6,685
of hazardous waste were disposed of and for conducting 6,686
enforcement actions arising from the findings of such surveys or 6,687
investigations; and paying the costs of acquiring and cleaning 6,688
up, or providing financial assistance for cleaning up, any 6,689
hazardous waste facility or solid waste facility containing 6,690
significant quantities of hazardous waste, that constitutes an 6,691
imminent and substantial threat to public health or safety or the 6,692
environment; and, from July 1, 1995 1997, through June 30, 1997 6,694
1999, for the purposes of paying the costs of administering and 6,695
enforcing the laws pertaining to solid wastes, infectious wastes, 6,696
and construction and demolition debris, including, without 6,697
limitation, ground water evaluations related to solid wastes, 6,698
infectious wastes, and construction and demolition debris, under 6,699
this chapter and Chapter 3714. of the Revised Code and any rules 6,700
adopted under them, and paying a share of the administrative 6,701
costs of the environmental protection agency pursuant to section 6,702
3745.014 of the Revised Code, the following fees are hereby 6,703
levied on the disposal of solid wastes in this state: 6,704
(1) One dollar per ton on and after July 1, 1993; 6,706
(2) An additional seventy-five cents per ton on and after 6,709
July 1, 1997, through June 30, 1999. 6,710
The owner or operator of a solid waste disposal facility 6,712
shall collect the fees levied under this division as a trustee 6,713
for the state and shall prepare and file with the director of 6,714
environmental protection monthly returns indicating the total 6,715
tonnage of solid wastes received for disposal at the gate of the 6,716
facility and the total amount of the fees collected under this 6,717
division. Not later than thirty days after the last day of the 6,718
150
month to which such a return applies, the owner or operator shall 6,719
mail to the director the return for that month together with the 6,720
fees collected during that month as indicated on the return. The 6,721
owner or operator may request an extension of not more than 6,722
thirty days for filing the return and remitting the fees, 6,723
provided that the owner or operator has submitted such a request 6,725
in writing to the director together with a detailed description 6,726
of why the extension is requested, the director has received the 6,727
request not later than the day on which the return is required to 6,728
be filed, and the director has approved the request. If the fees 6,729
are not remitted within sixty days after the last day of the 6,730
month during which they were collected, the owner or operator 6,731
shall pay an additional fifty per cent of the amount of the fees 6,732
for each month that they are late. 6,733
One-half of the moneys remitted to the director under 6,735
division (A)(1) of this section shall be credited to the 6,736
hazardous waste facility management fund created in section 6,737
3734.18 of the Revised Code, and one-half shall be credited to 6,738
the hazardous waste clean-up fund created in section 3734.28 of 6,739
the Revised Code. The moneys remitted to the director under 6,740
division (A)(2) of this section shall be credited to the solid 6,741
waste fund, which is hereby created in the state treasury. The 6,742
environmental protection agency shall use moneys in the solid 6,743
waste fund only to pay the costs of administering and enforcing 6,744
the laws pertaining to solid wastes, infectious wastes, and 6,745
construction and demolition debris, including, without 6,746
limitation, ground water evaluations related to solid wastes, 6,747
infectious wastes, and construction and demolition debris, under 6,748
this chapter and Chapter 3714. of the Revised Code and rules 6,749
adopted under them and to pay a share of the administrative costs 6,751
of the environmental protection agency pursuant to section 6,752
3745.014 of the Revised Code. 6,753
The fees levied under this division and divisions (B) and 6,755
(C) of this section are in addition to all other applicable fees 6,756
151
and taxes and shall be added to any other fee or amount specified 6,757
in a contract that is charged by the owner or operator of a solid 6,758
waste disposal facility or to any other fee or amount that is 6,759
specified in a contract entered into on or after March 4, 1992, 6,760
and that is charged by a transporter of solid wastes. 6,761
(B) For the purpose of preparing, revising, and 6,763
implementing the solid waste management plan of the county or 6,764
joint solid waste management district, including, without 6,765
limitation, the development and implementation of solid waste 6,766
recycling or reduction programs; providing financial assistance 6,767
to boards of health within the district, if solid waste 6,768
facilities are located within the district, for the enforcement 6,769
of this chapter and rules adopted and orders and terms and 6,771
conditions of permits, licenses, and variances issued under it, 6,772
other than the hazardous waste provisions of this chapter and 6,773
rules adopted and orders and terms and conditions of permits 6,774
issued under those provisions; providing financial assistance to 6,776
the county to defray the added costs of maintaining roads and 6,777
other public facilities and of providing emergency and other 6,778
public services resulting from the location and operation of a 6,779
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 6,780
by boards of health for collecting and analyzing water samples 6,781
from public or private wells on lands adjacent to solid waste 6,782
facilities that are contained in the approved or amended plan of 6,783
the district; paying the costs of developing and implementing a 6,784
program for the inspection of solid wastes generated outside the 6,785
boundaries of this state that are disposed of at solid waste 6,786
facilities included in the district's approved solid waste 6,787
management plan or amended plan; providing financial assistance 6,788
to boards of health within the district for enforcing laws 6,789
prohibiting open dumping; providing financial assistance to local 6,790
law enforcement agencies within the district for enforcing laws 6,791
and ordinances prohibiting littering; providing financial 6,792
152
assistance to boards of health of health districts within the 6,793
district that are on the approved list under section 3734.08 of 6,794
the Revised Code for the training and certification required for 6,795
their employees responsible for solid waste enforcement by rules 6,796
adopted under division (L) of section 3734.02 of the Revised 6,797
Code; providing financial assistance to individual municipal 6,798
corporations and townships within the district to defray their 6,799
added costs of maintaining roads and other public facilities and 6,800
of providing emergency and other public services resulting from 6,801
the location and operation within their boundaries of a 6,802
composting, energy or resource recovery, incineration, or 6,803
recycling facility that either is owned by the district or is 6,804
furnishing solid waste management facility or recycling services 6,805
to the district pursuant to a contract or agreement with the 6,806
board of county commissioners or directors of the district; and 6,807
payment of any expenses that are agreed to, awarded, or ordered 6,808
to be paid under section 3734.35 of the Revised Code and of any 6,810
administrative costs incurred pursuant to that section, the solid 6,811
waste management policy committee of a county or joint solid 6,812
waste management district may levy fees upon the following
activities: 6,813
(1) The disposal at a solid waste disposal facility 6,815
located in the district of solid wastes generated within the 6,816
district; 6,817
(2) The disposal at a solid waste disposal facility within 6,819
the district of solid wastes generated outside the boundaries of 6,820
the district, but inside this state; 6,821
(3) The disposal at a solid waste disposal facility within 6,823
the district of solid wastes generated outside the boundaries of 6,824
this state. 6,825
If any such fees are levied prior to January 1, 1994, fees 6,827
levied under division (B)(1) of this section always shall be 6,828
equal to one-half of the fees levied under division (B)(2) of 6,829
this section, and fees levied under division (B)(3) of this 6,830
153
section, which shall be in addition to fees levied under division 6,831
(B)(2) of this section, always shall be equal to fees levied 6,832
under division (B)(1) of this section, except as otherwise 6,833
provided in this division. The solid waste management plan of 6,834
the county or joint district approved under section 3734.521 or 6,835
3734.55 of the Revised Code and any amendments to it, or the 6,836
resolution adopted under this division, as appropriate, shall 6,837
establish the rates of the fees levied under divisions (B)(1), 6,838
(2), and (3) of this section, if any, and shall specify whether 6,839
the fees are levied on the basis of tons or cubic yards as the 6,840
unit of measurement. Although the fees under divisions (A)(1) 6,841
and (2) of this section are levied on the basis of tons as the 6,842
unit of measurement, the solid waste management plan of the 6,843
district and any amendments to it or the solid waste management 6,844
policy committee in its resolution levying fees under this 6,845
division may direct that the fees levied under those divisions be 6,846
levied on the basis of cubic yards as the unit of measurement 6,847
based upon a conversion factor of three cubic yards per ton 6,848
generally or one cubic yard per ton for baled wastes if the fees 6,849
under divisions (B)(1) to (3) of this section are being levied on 6,850
the basis of cubic yards as the unit of measurement under the 6,851
plan, amended plan, or resolution. 6,852
On and after January 1, 1994, the fee levied under division 6,854
(B)(1) of this section shall be not less than one dollar per ton 6,855
nor more than two dollars per ton, the fee levied under division 6,856
(B)(2) of this section shall be not less than two dollars per ton 6,857
nor more than four dollars per ton, and the fee levied under 6,858
division (B)(3) of this section shall be not more than the fee 6,859
levied under division (B)(1) of this section, except as otherwise 6,860
provided in this division and notwithstanding any schedule of 6,861
those fees established in the solid waste management plan of a 6,862
county or joint district approved under section 3734.55 of the 6,863
Revised Code or a resolution adopted and ratified under this 6,864
division that is in effect on that date. If the fee that a 6,865
154
district is levying under division (B)(1) of this section on that 6,866
date under its approved plan or such a resolution is less than 6,867
one dollar per ton, the fee shall be one dollar per ton on and 6,868
after January 1, 1994, and if the fee that a district is so 6,869
levying under that division exceeds two dollars per ton, the fee 6,870
shall be two dollars per ton on and after that date. If the fee 6,871
that a district is so levying under division (B)(2) of this 6,872
section is less than two dollars per ton, the fee shall be two 6,873
dollars per ton on and after that date, and if the fee that the 6,874
district is so levying under that division exceeds four dollars 6,875
per ton, the fee shall be four dollars per ton on and after that 6,876
date. On that date, the fee levied by a district under division 6,877
(B)(3) of this section shall be equal to the fee levied under 6,878
division (B)(1) of this section. Except as otherwise provided in 6,879
this division, the fees established by the operation of this 6,880
amendment shall remain in effect until the district's resolution 6,881
levying fees under this division is amended or repealed in 6,882
accordance with this division to amend or abolish the schedule of 6,883
fees, the schedule of fees is amended or abolished in an amended 6,884
plan of the district approved under section 3734.521 or division 6,885
(A) or (D) of section 3734.56 of the Revised Code, or the 6,886
schedule of fees is amended or abolished through an amendment to 6,887
the district's plan under division (E) of section 3734.56 of the 6,888
Revised Code; the notification of the amendment or abolishment of 6,889
the fees has been given in accordance with this division; and 6,890
collection of the amended fees so established commences, or 6,891
collection of the fees ceases, in accordance with this division. 6,892
The solid waste management policy committee of a district 6,894
levying fees under divisions (B)(1) to (3) of this section on 6,896
October 29, 1993, under its solid waste management plan approved 6,897
under section 3734.55 of the Revised Code or a resolution adopted 6,899
and ratified under this division that are within the ranges of 6,900
rates prescribed by this amendment, by adoption of a resolution 6,901
not later than December 1, 1993, and without the necessity for 6,902
155
ratification of the resolution under this division, may amend 6,903
those fees within the prescribed ranges, provided that the 6,904
estimated revenues from the amended fees will not substantially 6,905
exceed the estimated revenues set forth in the district's budget 6,906
for calendar year 1994. Not later than seven days after the 6,907
adoption of such a resolution, the committee shall notify by 6,908
certified mail the owner or operator of each solid waste disposal 6,909
facility that is required to collect the fees of the adoption of 6,910
the resolution and of the amount of the amended fees. Collection 6,911
of the amended fees shall take effect on the first day of the 6,912
first month following the month in which the notification is sent 6,913
to the owner or operator. The fees established in such a 6,914
resolution shall remain in effect until the district's resolution 6,915
levying fees that was adopted and ratified under this division is 6,916
amended or repealed, and the amendment or repeal of the 6,917
resolution is ratified, in accordance with this division, to 6,918
amend or abolish the fees, the schedule of fees is amended or 6,919
abolished in an amended plan of the district approved under 6,920
section 3734.521 or division (A) or (D) of section 3734.56 of the 6,921
Revised Code, or the schedule of fees is amended or abolished 6,922
through an amendment to the district's plan under division (E) of 6,923
section 3734.56 of the Revised Code; the notification of the 6,924
amendment or abolishment of the fees has been given in accordance 6,925
with this division; and collection of the amended fees so 6,926
established commences, or collection of the fees ceases, in 6,927
accordance with this division.
Prior to the approval of the solid waste management plan of 6,929
the district under section 3734.55 of the Revised Code, the solid 6,930
waste management policy committee of a district may levy fees 6,931
under this division by adopting a resolution establishing the 6,932
proposed amount of the fees. Upon adopting the resolution, the 6,933
committee shall deliver a copy of the resolution to the board of 6,934
county commissioners of each county forming the district and to 6,935
the legislative authority of each municipal corporation and 6,936
156
township under the jurisdiction of the district and shall prepare 6,937
and publish the resolution and a notice of the time and location 6,938
where a public hearing on the fees will be held. Upon adopting 6,939
the resolution, the committee shall deliver written notice of the 6,940
adoption of the resolution; of the amount of the proposed fees; 6,941
and of the date, time, and location of the public hearing to the 6,942
director and to the fifty industrial, commercial, or 6,943
institutional generators of solid wastes within the district that 6,944
generate the largest quantities of solid wastes, as determined by 6,945
the committee, and to their local trade associations. The 6,946
committee shall make good faith efforts to identify those 6,947
generators within the district and their local trade 6,948
associations, but the nonprovision of notice under this division 6,949
to a particular generator or local trade association does not 6,950
invalidate the proceedings under this division. The publication 6,951
shall occur at least thirty days before the hearing. After the 6,952
hearing, the committee may make such revisions to the proposed 6,953
fees as it considers appropriate and thereafter, by resolution, 6,954
shall adopt the revised fee schedule. Upon adopting the revised 6,955
fee schedule, the committee shall deliver a copy of the 6,956
resolution doing so to the board of county commissioners of each 6,957
county forming the district and to the legislative authority of 6,958
each municipal corporation and township under the jurisdiction of 6,959
the district. Within sixty days after the delivery of a copy of 6,960
the resolution adopting the proposed revised fees by the policy 6,961
committee, each such board and legislative authority, by 6,962
ordinance or resolution, shall approve or disapprove the revised 6,963
fees and deliver a copy of the ordinance or resolution to the 6,964
committee. If any such board or legislative authority fails to 6,965
adopt and deliver to the policy committee an ordinance or 6,966
resolution approving or disapproving the revised fees within 6,967
sixty days after the policy committee delivered its resolution 6,968
adopting the proposed revised fees, it shall be conclusively 6,969
presumed that the board or legislative authority has approved the 6,970
157
proposed revised fees. 6,971
In the case of a county district or a joint district formed 6,973
by two or three counties, the committee shall declare the 6,974
proposed revised fees to be ratified as the fee schedule of the 6,975
district upon determining that the board of county commissioners 6,976
of each county forming the district has approved the proposed 6,977
revised fees and that the legislative authorities of a 6,978
combination of municipal corporations and townships with a 6,979
combined population within the district comprising at least sixty 6,980
per cent of the total population of the district have approved 6,981
the proposed revised fees, provided that in the case of a county 6,982
district, that combination shall include the municipal 6,983
corporation having the largest population within the boundaries 6,984
of the district, and provided further that in the case of a joint 6,985
district formed by two or three counties, that combination shall 6,986
include for each county forming the joint district the municipal 6,987
corporation having the largest population within the boundaries 6,988
of both the county in which the municipal corporation is located 6,989
and the joint district. In the case of a joint district formed 6,990
by four or more counties, the committee shall declare the 6,991
proposed revised fees to be ratified as the fee schedule of the 6,992
joint district upon determining that the boards of county 6,993
commissioners of a majority of the counties forming the district 6,994
have approved the proposed revised fees; that, in each of a 6,995
majority of the counties forming the joint district, the proposed 6,996
revised fees have been approved by the municipal corporation 6,997
having the largest population within the county and the joint 6,998
district; and that the legislative authorities of a combination 6,999
of municipal corporations and townships with a combined 7,000
population within the joint district comprising at least sixty 7,001
per cent of the total population of the joint district have 7,002
approved the proposed revised fees. 7,003
For the purposes of this division, only the population of 7,005
the unincorporated area of a township shall be considered. For 7,006
158
the purpose of determining the largest municipal corporation 7,007
within each county under this division, a municipal corporation 7,008
that is located in more than one solid waste management district, 7,009
but that is under the jurisdiction of one county or joint solid 7,010
waste management district in accordance with division (A) of 7,011
section 3734.52 of the Revised Code shall be considered to be 7,012
within the boundaries of the county in which a majority of the 7,013
population of the municipal corporation resides. 7,014
The committee may amend the schedule of fees levied 7,016
pursuant to a resolution or amended resolution adopted and 7,017
ratified under this division by adopting a resolution 7,018
establishing the proposed amount of the amended fees. The 7,019
committee may abolish the fees levied pursuant to such a 7,020
resolution or amended resolution by adopting a resolution 7,021
proposing to repeal them. Upon adopting such a resolution, the 7,022
committee shall proceed to obtain ratification of the resolution 7,023
in accordance with this division. 7,024
Not later than fourteen days after declaring the fees or 7,026
amended fees to be ratified under this division, the committee 7,027
shall notify by certified mail the owner or operator of each 7,028
solid waste disposal facility that is required to collect the 7,029
fees of the ratification and the amount of the fees. Collection 7,030
of any fees or amended fees ratified on or after March 24, 1992, 7,031
shall commence on the first day of the second month following the 7,032
month in which notification is sent to the owner or operator. 7,033
Not later than fourteen days after declaring the repeal of 7,035
the district's schedule of fees to be ratified under this 7,036
division, the committee shall notify by certified mail the owner 7,037
or operator of each facility that is collecting the fees of the 7,038
repeal. Collection of the fees shall cease on the first day of 7,039
the second month following the month in which notification is 7,040
sent to the owner or operator. 7,041
Not later than fourteen days after the director issues an 7,043
order approving a district's solid waste management plan under 7,044
159
section 3734.55 of the Revised Code or amended plan under 7,045
division (A) or (D) of section 3734.56 of the Revised Code that 7,046
establishes or amends a schedule of fees levied by the district, 7,047
or the ratification of an amendment to the district's approved 7,048
plan or amended plan under division (E) of section 3734.56 of the 7,049
Revised Code that establishes or amends a schedule of fees, as 7,050
appropriate, the committee shall notify by certified mail the 7,051
owner or operator of each solid waste disposal facility that is 7,052
required to collect the fees of the approval of the plan or 7,053
amended plan, or the amendment to the plan, as appropriate, and 7,054
the amount of the fees or amended fees. In the case of an 7,055
initial or amended plan approved under section 3734.521 of the 7,056
Revised Code in connection with a change in district composition, 7,057
other than one involving the withdrawal of a county from a joint 7,058
district, that establishes or amends a schedule of fees levied 7,059
under divisions (B)(1) to (3) of this section by a district 7,060
resulting from the change, the committee, within fourteen days 7,061
after the change takes effect pursuant to division (G) of that 7,062
section, shall notify by certified mail the owner or operator of 7,063
each solid waste disposal facility that is required to collect 7,064
the fees that the change has taken effect and of the amount of 7,065
the fees or amended fees. Collection of any fees set forth in a 7,066
plan or amended plan approved by the director on or after April 7,067
16, 1993, or an amendment of a plan or amended plan under 7,068
division (E) of section 3734.56 of the Revised Code that is 7,069
ratified on or after April 16, 1993, shall commence on the first 7,070
day of the second month following the month in which notification 7,071
is sent to the owner or operator. 7,072
Not later than fourteen days after the director issues an 7,074
order approving a district's plan under section 3734.55 of the 7,075
Revised Code or amended plan under division (A) or (D) of section 7,076
3734.56 of the Revised Code that abolishes the schedule of fees 7,077
levied under divisions (B)(1) to (3) of this section, or an 7,078
amendment to the district's approved plan or amended plan 7,079
160
abolishing the schedule of fees is ratified pursuant to division 7,080
(E) of section 3734.56 of the Revised Code, as appropriate, the 7,081
committee shall notify by certified mail the owner or operator of 7,082
each facility that is collecting the fees of the approval of the 7,083
plan or amended plan, or the amendment of the plan or amended 7,084
plan, as appropriate, and the abolishment of the fees. In the 7,085
case of an initial or amended plan approved under section 7,086
3734.521 of the Revised Code in connection with a change in 7,087
district composition, other than one involving the withdrawal of 7,088
a county from a joint district, that abolishes the schedule of 7,089
fees levied under divisions (B)(1) to (3) of this section by a 7,090
district resulting from the change, the committee, within 7,091
fourteen days after the change takes effect pursuant to division 7,092
(G) of that section, shall notify by certified mail the owner or 7,093
operator of each solid waste disposal facility that is required 7,094
to collect the fees that the change has taken effect and of the 7,095
abolishment of the fees. Collection of the fees shall cease on 7,096
the first day of the second month following the month in which 7,097
notification is sent to the owner or operator. 7,098
Except as otherwise provided in this division, if the 7,100
schedule of fees that a district is levying under divisions 7,101
(B)(1) to (3) of this section pursuant to a resolution or amended 7,102
resolution adopted and ratified under this division, the solid 7,103
waste management plan of the district approved under section 7,104
3734.55 of the Revised Code, an amended plan approved under 7,105
division (A) or (D) of section 3734.56 of the Revised Code, or an 7,106
amendment to the district's approved plan or amended plan under 7,107
division (E) of section 3734.56 of the Revised Code, is amended 7,108
by the adoption and ratification of an amendment to the 7,109
resolution or amended resolution or an amendment of the 7,110
district's approved plan or amended plan, the fees in effect 7,111
immediately prior to the approval of the plan or the amendment of 7,112
the resolution, amended resolution, plan, or amended plan, as 7,113
appropriate, shall continue to be collected until collection of 7,114
161
the amended fees commences pursuant to this division. 7,115
If, in the case of a change in district composition 7,117
involving the withdrawal of a county from a joint district, the 7,118
director completes the actions required under division (G)(1) or 7,119
(3) of section 3734.521 of the Revised Code, as appropriate, 7,120
forty-five days or more before the beginning of a calendar year, 7,121
the policy committee of each of the districts resulting from the 7,122
change that obtained the director's approval of an initial or 7,123
amended plan in connection with the change, within fourteen days 7,124
after the director's completion of the required actions, shall 7,125
notify by certified mail the owner or operator of each solid 7,126
waste disposal facility that is required to collect the 7,127
district's fees that the change is to take effect on the first 7,128
day of January immediately following the issuance of the notice 7,129
and of the amount of the fees or amended fees levied under 7,130
divisions (B)(1) to (3) of this section pursuant to the 7,131
district's initial or amended pan as so approved or, if 7,132
appropriate, the abolishment of the district's fees by that 7,133
initial or amended plan. Collection of any fees set forth in 7,134
such a plan or amended plan shall commence on the first day of 7,135
January immediately following the issuance of the notice. If 7,136
such an initial or amended plan abolishes a schedule of fees, 7,137
collection of the fees shall cease on that first day of January. 7,138
If, in the case of a change in district composition 7,140
involving the withdrawal of a county from a joint district, the 7,141
director completes the actions required under division (G)(1) or 7,142
(3) of section 3734.521 of the Revised Code, as appropriate, less 7,143
than forty-five days before the beginning of a calendar year, the 7,144
director, on behalf of each of the districts resulting from the 7,145
change that obtained the director's approval of an initial or 7,146
amended plan in connection with the change proceedings, shall 7,147
notify by certified mail the owner or operator of each solid 7,148
waste disposal facility that is required to collect the 7,149
district's fees that the change is to take effect on the first 7,150
162
day of January immediately following the mailing of the notice 7,151
and of the amount of the fees or amended fees levied under 7,152
divisions (B)(1) to (3) of this section pursuant to the 7,153
district's initial or amended plan as so approved or, if 7,154
appropriate, the abolishment of the district's fees by that 7,155
initial or amended plan. Collection of any fees set forth in 7,156
such a plan or amended plan shall commence on the first day of 7,157
the second month following the month in which notification is 7,158
sent to the owner or operator. If such an initial or amended 7,159
plan abolishes a schedule of fees, collection of the fees shall 7,160
cease on the first day of the second month following the month in 7,161
which notification is sent to the owner or operator. 7,162
In the case of a change in district composition, the 7,164
schedule of fees that the former districts that existed prior to 7,165
the change were levying under divisions (B)(1) to (3) of this 7,166
section pursuant to a resolution or amended resolution adopted 7,167
and ratified under this division, the solid waste management plan 7,168
of a former district approved under section 3734.521 or 3734.55 7,169
of the Revised Code, an amended plan approved under section 7,170
3734.521 or division (A) or (D) of section 3734.56 of the Revised 7,171
Code, or an amendment to a former district's approved plan or 7,172
amended plan under division (E) of section 3734.56 of the Revised 7,173
Code, and that were in effect on the date that the director 7,174
completed the actions required under division (G)(1) or (3) of 7,175
section 3734.521 of the Revised Code shall continue to be 7,176
collected until the collection of the fees or amended fees of the 7,177
districts resulting from the change is required to commence, or 7,178
if an initial or amended plan of a resulting district abolishes a 7,179
schedule of fees, collection of the fees is required to cease, 7,180
under this division. Moneys so received from the collection of 7,181
the fees of the former districts shall be divided among the 7,182
resulting districts in accordance with division (B) of section 7,183
343.012 of the Revised Code and the agreements entered into under 7,184
division (B) of section 343.01 of the Revised Code to establish 7,185
163
the former and resulting districts and any amendments to those 7,186
agreements. 7,187
For the purposes of the provisions of division (B) of this 7,189
section establishing the times when newly established or amended 7,190
fees levied by a district are required to commence and the 7,191
collection of fees that have been amended or abolished is 7,192
required to cease, "fees" or "schedule of fees" includes, in 7,193
addition to fees levied under divisions (B)(1) to (3) of this 7,194
section, those levied under section 3734.573 or 3734.574 of the 7,195
Revised Code. 7,196
(C) For the purposes of defraying the added costs to a 7,198
municipal corporation or township of maintaining roads and other 7,199
public facilities and of providing emergency and other public 7,200
services, and compensating a municipal corporation or township 7,201
for reductions in real property tax revenues due to reductions in 7,202
real property valuations resulting from the location and 7,203
operation of a solid waste disposal facility within the municipal 7,204
corporation or township, a municipal corporation or township in 7,205
which such a solid waste disposal facility is located may levy a 7,206
fee of not more than twenty-five cents per ton on the disposal of 7,207
solid wastes at a solid waste disposal facility located within 7,208
the boundaries of the municipal corporation or township 7,209
regardless of where the wastes were generated. 7,210
The legislative authority of a municipal corporation or 7,212
township may levy fees under this division by enacting an 7,213
ordinance or adopting a resolution establishing the amount of the 7,214
fees. Upon so doing the legislative authority shall mail a 7,215
certified copy of the ordinance or resolution to the board of 7,216
county commissioners or directors of the county or joint solid 7,217
waste management district in which the municipal corporation or 7,218
township is located or, if a regional solid waste management 7,219
authority has been formed under section 343.011 of the Revised 7,220
Code, to the board of trustees of that regional authority, the 7,221
owner or operator of each solid waste disposal facility in the 7,222
164
municipal corporation or township that is required to collect the 7,223
fee by the ordinance or resolution, and the director of 7,224
environmental protection. Although the fees levied under this 7,225
division are levied on the basis of tons as the unit of 7,226
measurement, the legislative authority, in its ordinance or 7,227
resolution levying the fees under this division, may direct that 7,228
the fees be levied on the basis of cubic yards as the unit of 7,229
measurement based upon a conversion factor of three cubic yards 7,230
per ton generally or one cubic yard per ton for baled wastes. 7,231
Not later than five days after enacting an ordinance or 7,233
adopting a resolution under this division, the legislative 7,234
authority shall so notify by certified mail the owner or operator 7,235
of each solid waste disposal facility that is required to collect 7,236
the fee. Collection of any fee levied on or after March 24, 7,237
1992, shall commence on the first day of the second month 7,238
following the month in which notification is sent to the owner or 7,239
operator. 7,240
(D)(1) The fees levied under divisions (A), (B), and (C) 7,242
of this section do not apply to the disposal of solid wastes 7,244
that:
(a) Are disposed of at a facility owned by the generator 7,246
of the wastes when the solid waste facility exclusively disposes 7,247
of solid wastes generated at one or more premises owned by the 7,248
generator regardless of whether the facility is located on a 7,249
premises where the wastes are generated; 7,250
(b) Are disposed of at facilities that exclusively dispose 7,252
of wastes that are generated from the combustion of coal, or from 7,253
the combustion of primarily coal in combination with scrap tires, 7,254
that is not combined in any way with garbage at one or more 7,255
premises owned by the generator. 7,256
(2) Except as provided in section 3734.571 of the Revised 7,258
Code, any fees levied under division (B)(1) of this section apply 7,259
to solid wastes originating outside the boundaries of a county or 7,260
joint district that are covered by an agreement for the joint use 7,261
165
of solid waste facilities entered into under section 343.02 of 7,262
the Revised Code by the board of county commissioners or board of 7,263
directors of the county or joint district where the wastes are 7,264
generated and disposed of. 7,265
(3) When solid wastes, other than solid wastes that 7,267
consist of scrap tires, are burned in a disposal facility that is 7,268
an incinerator or energy recovery facility, the fees levied under 7,269
divisions (A), (B), and (C) of this section shall be levied upon 7,271
the disposal of the fly ash and bottom ash remaining after 7,272
burning of the solid wastes and shall be collected by the owner 7,273
or operator of the sanitary landfill where the ash is disposed 7,274
of.
(4) When solid wastes are delivered to a solid waste 7,276
transfer facility, the fees levied under divisions (A), (B), and 7,277
(C) of this section shall be levied upon the disposal of solid 7,279
wastes transported off the premises of the transfer facility for 7,280
disposal and shall be collected by the owner or operator of the 7,281
solid waste disposal facility where the wastes are disposed of. 7,282
(5) The fees levied under divisions (A), (B), and (C) of 7,284
this section do not apply to sewage sludge that is generated by a 7,285
waste water treatment facility holding a national pollutant 7,286
discharge elimination system permit and that is disposed of 7,287
through incineration, land application, or composting or at 7,288
another resource recovery or disposal facility that is not a 7,289
landfill. 7,290
(6) The fees levied under division DIVISIONS (A), (B), and 7,292
(C) of this section do not apply to solid wastes delivered to a 7,294
solid waste composting facility for processing. When any 7,295
unprocessed solid waste or compost product is transported off the 7,296
premises of a composting facility and disposed of at a landfill, 7,297
the fees levied under divisions (A), (B), and (C) of this section 7,298
shall be collected by the owner or operator of the landfill where 7,299
the unprocessed waste or compost product is disposed of. 7,300
(7) When solid wastes that consist of scrap tires are 7,302
166
processed at a scrap tire recovery facility, the fees levied 7,303
under divisions (A), (B), and (C) of this section shall be levied 7,305
upon the disposal of the fly ash and bottom ash or other solid 7,306
wastes remaining after the processing of the scrap tires and 7,307
shall be collected by the owner or operator of the solid waste 7,308
disposal facility where the ash or other solid wastes are 7,309
disposed of.
(E) The fees levied under divisions (B) and (C) of this 7,312
section shall be collected by the owner or operator of the solid 7,313
waste disposal facility where the wastes are disposed of as a 7,314
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 7,315
from the fees levied under division (B) of this section shall be 7,317
forwarded to the board of county commissioners or board of 7,318
directors of the district in accordance with rules adopted under 7,319
division (H) of this section. Moneys from the fees levied under 7,320
division (C) of this section shall be forwarded to the treasurer 7,321
or such other officer of the municipal corporation as, by virtue 7,322
of the charter, has the duties of the treasurer or to the clerk 7,323
of the township, as appropriate, in accordance with those rules. 7,324
(F) Moneys received by the treasurer or such other officer 7,326
of the municipal corporation under division (E) of this section 7,327
shall be paid into the general fund of the municipal corporation. 7,328
Moneys received by the clerk of the township under that division 7,329
shall be paid into the general fund of the township. The 7,330
treasurer or such other officer of the municipal corporation or 7,331
the clerk, as appropriate, shall maintain separate records of the 7,332
moneys received from the fees levied under division (C) of this 7,333
section. 7,334
(G) Moneys received by the board of county commissioners 7,336
or board of directors under division (E) of this section or 7,337
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 7,338
Code shall be paid to the county treasurer, or other official 7,339
acting in a similar capacity under a county charter, in a county 7,340
167
district or to the county treasurer or other official designated 7,341
by the board of directors in a joint district and kept in a 7,342
separate and distinct fund to the credit of the district. If a 7,343
regional solid waste management authority has been formed under 7,344
section 343.011 of the Revised Code, moneys received by the board 7,345
of trustees of that regional authority under division (E) of this 7,346
section shall be kept by the board in a separate and distinct 7,347
fund to the credit of the district. Moneys in the special fund 7,348
of the county or joint district arising from the fees levied 7,349
under division (B) of this section and the fee levied under 7,351
division (A) of section 3734.573 of the Revised Code shall be 7,352
expended by the board of county commissioners or directors of the 7,353
district in accordance with the district's solid waste management 7,354
plan or amended plan approved under section 3734.521, 3734.55, or 7,355
3734.56 of the Revised Code exclusively for the following 7,356
purposes:
(1) Preparation of the solid waste management plan of the 7,358
district under section 3734.54 of the Revised Code, monitoring 7,359
implementation of the plan, and conducting the periodic review 7,360
and amendment of the plan required by section 3734.56 of the 7,361
Revised Code by the solid waste management policy committee; 7,362
(2) Implementation of the approved solid waste management 7,364
plan or amended plan of the district, including, without 7,365
limitation, the development and implementation of solid waste 7,366
recycling or reduction programs; 7,367
(3) Providing financial assistance to boards of health 7,369
within the district, if solid waste facilities are located within 7,370
the district, for enforcement of this chapter and rules, orders, 7,371
and terms and conditions of permits, licenses, and variances 7,373
adopted or issued under it, other than the hazardous waste 7,374
provisions of this chapter and rules adopted and orders and terms 7,375
and conditions of permits issued under those provisions; 7,377
(4) Providing financial assistance to each county within 7,379
the district to defray the added costs of maintaining roads and 7,380
168
other public facilities and of providing emergency and other 7,381
public services resulting from the location and operation of a 7,382
solid waste facility within the county under the district's 7,383
approved solid waste management plan or amended plan; 7,384
(5) Pursuant to contracts entered into with boards of 7,386
health within the district, if solid waste facilities contained 7,387
in the district's approved plan or amended plan are located 7,388
within the district, for paying the costs incurred by those 7,389
boards of health for collecting and analyzing samples from public 7,390
or private water wells on lands adjacent to those facilities; 7,391
(6) Developing and implementing a program for the 7,393
inspection of solid wastes generated outside the boundaries of 7,394
this state that are disposed of at solid waste facilities 7,395
included in the district's approved solid waste management plan 7,396
or amended plan; 7,397
(7) Providing financial assistance to boards of health 7,399
within the district for the enforcement of section 3734.03 of the 7,400
Revised Code or to local law enforcement agencies having 7,401
jurisdiction within the district for enforcing anti-littering 7,402
laws and ordinances; 7,403
(8) Providing financial assistance to boards of health of 7,405
health districts within the district that are on the approved 7,406
list under section 3734.08 of the Revised Code to defray the 7,407
costs to the health districts for the participation of their 7,408
employees responsible for enforcement of the solid waste 7,409
provisions of this chapter and rules adopted and orders and terms 7,410
and conditions of permits, licenses, and variances issued under 7,411
those provisions in the training and certification program as 7,412
required by rules adopted under division (L) of section 3734.02 7,413
of the Revised Code; 7,414
(9) Providing financial assistance to individual municipal 7,416
corporations and townships within the district to defray their 7,417
added costs of maintaining roads and other public facilities and 7,418
of providing emergency and other public services resulting from 7,419
169
the location and operation within their boundaries of a 7,420
composting, energy or resource recovery, incineration, or 7,421
recycling facility that either is owned by the district or is 7,422
furnishing solid waste management facility or recycling services 7,423
to the district pursuant to a contract or agreement with the 7,424
board of county commissioners or directors of the district; 7,425
(10) Payment of any expenses that are agreed to, awarded, 7,427
or ordered to be paid under section 3734.35 of the Revised Code 7,428
and of any administrative costs incurred pursuant to that 7,429
section. In the case of a joint solid waste management district, 7,430
if the board of county commissioners of one of the counties in 7,431
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 7,432
the approval of the board of directors of the district in order 7,433
to expend moneys for administrative costs incurred. 7,434
Prior to the approval of the district's solid waste 7,436
management plan under section 3734.55 of the Revised Code, moneys 7,437
in the special fund of the district arising from such THE fees 7,438
shall be expended for such THOSE purposes in the manner 7,440
prescribed by the solid waste management policy committee by 7,442
resolution.
Notwithstanding division (G)(6) of this section as it 7,445
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 7,448
with division (B)(2)(e) of section 3734.53 of the Revised Code as 7,449
it existed prior to that date, any moneys arising from the fees 7,450
levied under division (B)(3) of this section prior to January 1, 7,451
1994, may be expended for any of the purposes authorized in 7,452
divisions (G)(1) to (10) of this section. 7,453
(H) The director of environmental protection shall adopt 7,455
rules in accordance with Chapter 119. of the Revised Code 7,456
prescribing procedures for collecting and forwarding the fees 7,457
levied under divisions (B) and (C) of this section to the boards 7,458
of county commissioners or directors of county or joint solid 7,459
170
waste management districts and to the treasurers or other 7,460
officers of municipal corporations or to the clerks of townships. 7,461
The rules also shall prescribe the dates for forwarding the fees 7,462
to the boards and officials and may prescribe any other 7,463
requirements the director considers necessary or appropriate to 7,464
implement and administer divisions (A), (B), and (C) of this 7,465
section. Collection of the fees levied under division (A)(1) of 7,466
this section shall commence on July 1, 1993. Collection of the 7,467
fees levied under division (A)(2) of this section shall commence 7,469
on January 1, 1994. 7,470
Sec. 3734.82. (A) The annual fee for a scrap tire 7,479
recovery facility license issued under section 3734.81 of the 7,480
Revised Code shall be in accordance with the following schedule: 7,481
Daily Design Input Annual License 7,483
Capacity (Tons) Fee 7,484
1 or less $ 100 7,485
2 to 25 500 7,486
26 to 50 1,000 7,487
51 to 100 1,500 7,488
101 to 200 2,500 7,489
201 to 500 3,500 7,490
501 or more 5,500 7,491
For the purpose of determining the applicable license fee 7,494
under this division, the daily design input capacity shall be the 7,495
quantity of scrap tires the facility is designed to process daily 7,496
as set forth in the registration certificate or permit for the 7,497
facility, and any modifications to the permit, if applicable, 7,498
issued under section 3734.78 of the Revised Code. 7,499
(B) The annual fee for a scrap tire monocell or monofill 7,501
facility license shall be in accordance with the following 7,502
schedule: 7,503
Authorized Maximum Annual License 7,505
Daily Waste Receipt Fee 7,506
(Tons) 7,507
171
100 or less $ 5,000 7,508
101 to 200 12,500 7,509
201 to 500 30,000 7,510
501 or more 60,000 7,511
For the purpose of determining the applicable license fee 7,514
under this division, the authorized maximum daily waste receipt 7,515
shall be the maximum amount of scrap tires the facility is 7,516
authorized to receive daily that is established in the permit for 7,517
the facility, and any modification to that permit, issued under 7,518
section 3734.77 of the Revised Code. 7,519
(C)(1) Except as otherwise provided in division (C)(2) of 7,521
this section, the annual fee for a scrap tire storage facility 7,522
license shall equal one thousand dollars times the number of 7,523
acres on which scrap tires are to be stored at the facility 7,524
during the license year, as set forth on the application for the 7,525
annual license, except that the total annual license fee for any 7,526
such facility shall not exceed three thousand dollars. 7,527
(2) The annual fee for a scrap tire storage facility 7,529
license for a storage facility that is owned or operated by a 7,530
motor vehicle salvage dealer licensed under Chapter 4738. of the 7,531
Revised Code is one hundred dollars. 7,532
(D)(1) Except as otherwise provided in division (D)(2) of 7,534
this section, the annual fee for a scrap tire collection facility 7,535
license is two hundred dollars. 7,536
(2) The annual fee for a scrap tire collection facility 7,538
license for a collection facility that is owned or operated by a 7,539
motor vehicle salvage dealer licensed under Chapter 4738. of the 7,540
Revised Code is fifty dollars. 7,541
(E) Except as otherwise provided in divisions (C)(2) and 7,543
(D)(2) of this section, the same fees apply to private operators 7,544
and to the state and its political subdivisions and shall be paid 7,545
within thirty days after the issuance of a license. The fees 7,546
include the cost of licensing, all inspections, and other costs 7,547
associated with the administration of the scrap tire provisions 7,548
172
of this chapter and rules adopted under them. Each license shall 7,549
specify that it is conditioned upon payment of the applicable fee 7,550
to the board of health or the director of environmental 7,551
protection, as appropriate, within thirty days after the issuance 7,553
of the license.
(F) The board of health shall retain fifteen thousand 7,555
dollars of each license fee collected by the board under division 7,556
(B) of this section, or the entire amount of any such fee that is 7,557
less than fifteen thousand dollars, and the entire amount of each 7,558
license fee collected by the board under divisions (A), (C), and 7,559
(D) of this section. The moneys retained shall be paid into a 7,560
special fund, which is hereby created in each health district, 7,561
and used solely to administer and enforce the scrap tire 7,562
provisions of this chapter and rules adopted under them. The 7,563
remainder, if any, of each license fee collected by the board 7,564
under division (B) of this section shall be transmitted to the 7,565
director within forty-five days after receipt of the fee. 7,567
(G) The director shall transmit the moneys received by the 7,569
director from license fees collected under division (B) of this 7,570
section to the treasurer of state to be credited to the scrap 7,571
tire management fund, which is hereby created in the state 7,572
treasury. The fund shall consist of all federal moneys received 7,573
by the environmental protection agency for the scrap tire 7,574
management program; all grants, gifts, and contributions made to 7,575
the director for that program; and all other moneys that may be 7,576
provided by law for that program. The director shall use moneys 7,577
in the fund as follows: 7,578
(1) Expend not more than seven hundred fifty thousand 7,580
dollars during each fiscal year to implement, administer, and 7,582
enforce the scrap tire provisions of this chapter and rules 7,583
adopted under them; 7,584
(2) For fiscal years 1998 and 1999, grant not more than 7,588
one hundred fifty thousand dollars during each fiscal year to the 7,589
polymer institute at the university of Akron for the purpose of 7,590
173
expediting research concerning and evaluation of alternative 7,591
methods of recycling scrap tires. The institute shall report to 7,592
the director annually concerning research programs under review, 7,593
and the results of scrap tire recycling experiments conducted, by 7,594
or in conjunction with the institute. The university shall report 7,595
to the director biennially concerning the expenditures of moneys 7,596
received by the institute under division (G)(2) of this section. 7,597
(3) During each of fiscal years 1998, 1999, and 2000, 7,600
request the director of budget and management to, and the 7,602
director of budget and management shall, transfer one million 7,603
dollars to the facilities establishment fund created in section 7,604
166.03 of the Revised Code for the purposes specified in that 7,605
section;
(4) Except as otherwise provided in division (H)(2) of 7,609
this section, expend not more than three million dollars during 7,611
each of fiscal years 1998, 1999, and 2000 to conduct removal 7,613
actions under section 3734.85 of the Revised Code. Prior to 7,614
using any moneys in the fund for that purpose in a fiscal year, 7,615
the director shall request the approval of the controlling board 7,616
for that use of the moneys. The request shall be accompanied by 7,617
a plan describing the removal actions to be conducted during the 7,618
fiscal year and an estimate of the costs of conducting them. The 7,619
controlling board shall approve the plan only if the board finds 7,620
that the proposed removal actions are in accordance with the 7,621
priorities set forth in division (B) of section 3734.85 of the 7,622
Revised Code and that the costs of conducting them are 7,623
reasonable. 7,624
(5) Annually transfer to the central support indirect fund 7,626
created in section 3745.014 of the Revised Code an amount equal 7,628
to not more than twelve per cent of each fiscal year's 7,629
appropriation to the scrap tire management fund.
(H)(1) If, during fiscal year 1997, 1998, 1999, or 2000, 7,631
more than three million five hundred thousand dollars are 7,633
credited to the scrap tire management fund, the director, at the 7,634
174
conclusion of the fiscal year, shall request the director of 7,636
budget and management to, and the director of budget and 7,637
management shall, transfer to the facilities establishment fund 7,639
one-half of the moneys credited to the scrap tire management fund 7,640
in excess of that amount. 7,641
(2) In each of fiscal years 1998, 1999, and 2000, if more 7,644
than three million five hundred thousand dollars are credited to 7,645
the scrap tire management fund during the preceding fiscal year, 7,646
the director, in addition to the amount authorized under division 7,647
(G)(4) of this section, shall expend during the current fiscal 7,648
year one-half of that excess amount to conduct removal operations 7,649
under section 3734.85 of the Revised Code. 7,650
(I) AFTER THE ACTIONS IN DIVISIONS (G)(1) TO (4) AND (H) 7,653
OF THIS SECTION ARE COMPLETED DURING EACH OF FISCAL YEARS 1998,
1999, AND 2000, THE DIRECTOR MAY EXPEND UP TO THE BALANCE 7,654
REMAINING FROM PRIOR FISCAL YEARS IN THE SCRAP TIRE MANAGEMENT 7,655
FUND TO CONDUCT REMOVAL ACTIONS UNDER SECTION 3734.85 OF THE 7,656
REVISED CODE. PRIOR TO USING ANY MONEYS IN THE FUND FOR THAT
PURPOSE IN A FISCAL YEAR, THE DIRECTOR SHALL REQUEST THE APPROVAL 7,657
OF THE CONTROLLING BOARD FOR THAT USE OF THE MONEYS. THE REQUEST 7,658
SHALL BE ACCOMPANIED BY A PLAN DESCRIBING THE REMOVAL ACTIONS TO 7,659
BE CONDUCTED DURING THE FISCAL YEAR AND AN ESTIMATE OF THE COSTS 7,660
OF CONDUCTING THEM. THE CONTROLLING BOARD SHALL APPROVE THE PLAN 7,661
ONLY IF THE BOARD FINDS THAT THE PROPOSED REMOVAL ACTIONS ARE IN 7,662
ACCORDANCE WITH THE PRIORITIES SET FORTH IN DIVISION (B) OF 7,663
SECTION 3734.85 OF THE REVISED CODE AND THAT THE COSTS OF
CONDUCTING THEM ARE REASONABLE. 7,664
Sec. 4123.40. During the six months immediately preceding 7,673
the first day of each regular session of the general assembly, 7,674
the office of budget and management shall communicate to the 7,675
bureau THE ADMINISTRATOR of workers' compensation an SHALL 7,677
estimate of the gross payroll of all state employers for the 7,678
succeeding biennium or fiscal year. 7,679
Upon receipt thereof the THE administrator of workers' 7,681
175
compensation shall determine and certify for the office of budget 7,682
and management that rate or rates which when applied to the gross 7,683
payroll estimate will produce an amount equal to the estimated 7,684
cost of awards OR PAYMENTS to be made during the like fiscal 7,685
period, as determined by the administrator. 7,686
The rate certified shall be applied and made a part of the 7,688
gross payroll calculation for the period for which the foregoing 7,689
estimates have been made, in conformity with section 125.21 of 7,690
the Revised Code. The amounts collected shall be remitted to the 7,691
bureau as provided in section 125.21 of the Revised Code. 7,692
If the amounts remitted to the bureau for a fiscal period 7,694
are greater or less than actual awards OR PAYMENTS for the like 7,695
period by reason of an error in the prior estimates of gross 7,697
payroll or awards OR PAYMENTS, the overage or shortage shall be 7,698
included by the administrator in determining the rate for the 7,699
next succeeding fiscal period. 7,700
In fixing the amount of contribution to be made by the 7,702
state and each of its departments, agencies, and 7,703
instrumentalities, the administrator shall classify departments, 7,704
agencies, and instrumentalities into such groups as will 7,705
equitably determine the contributions in accordance with their 7,706
individual accident experience so that the state and its 7,707
departments, agencies, and instrumentalities contribute an amount 7,708
sufficient to meet individual obligations and maintain a solvent 7,709
public insurance fund. 7,710
Moneys collected from state employers shall not be used to 7,712
pay compensation or other benefits attributable to service of 7,713
persons as employees of counties or taxing districts therein, nor 7,714
shall moneys collected from counties and taxing districts therein 7,715
be used to pay compensation or other benefits attributable to 7,716
service of persons as employees of the state. 7,717
Sec. 4701.10. (A) Permits to practice public accounting 7,727
shall be issued by the accountancy board to holders of the 7,728
certificate of certified public accountant issued under section 7,729
176
4701.06 or 4701.061 of the Revised Code and to persons registered 7,730
under sections 4701.07 and 4701.09 of the Revised Code. Subject 7,731
to division (D)(1) of this section, there shall be a triennial 7,732
permit fee in an amount to be determined by the board not to 7,733
exceed one hundred fifty dollars. All permits shall expire on 7,734
the last day of December of the year assigned by the board and, 7,735
subject to division (D)(1) of this section, shall be renewed 7,736
triennially for a period of three years by certificate holders 7,737
and registrants in good standing upon payment of a triennial 7,738
renewal fee not to exceed one hundred fifty dollars. For the
purpose of implementing this section and enforcing section 7,740
4701.11 of the Revised Code, the board may issue a permit for 7,741
less than three years' duration. A prorated fee shall be
determined by the board for such permit. Renewal of permits 7,742
shall be according to the standard renewal procedure of sections 7,743
4745.01 to 4745.03 of the Revised Code. Failure of any 7,744
certificate holder or registrant to apply for a triennial permit 7,745
to practice within three years from the expiration date of the 7,746
permit to practice last obtained or renewed, or three years from 7,747
the date upon which the certificate holder or registrant was 7,748
granted his A certificate or registration, shall result in 7,749
suspension of such certificate or registration unless the board 7,750
determines such failure to have been due to excusable neglect. 7,751
In such case the renewal fee or the fee for the issuance of the 7,752
original permit, as the case may be, shall be such amount as the 7,753
board shall determine, but not in excess of fifty dollars plus 7,754
the fee for each triennial period or part of a period the 7,755
certificate holder or registrant did not have a permit. 7,756
(B) All certificate holders and registrants who are not in 7,758
the practice of public accounting in this state shall register 7,759
with the board every three years at a fee, not to exceed 7,760
fifty-five dollars, established by the board. Such persons shall 7,761
not convey to the general public that they are actively engaged 7,762
in the practice of public accounting in this state. 7,763
177
(C) The board shall suspend the certificate or 7,765
registration of any person failing to obtain a permit in 7,766
accordance with this section except that the board may by rule 7,767
exempt persons from the requirement of holding a permit for such 7,768
reasons as retirement, health reasons, military service, foreign 7,769
residency, or other just cause. 7,770
(D)(1) On and after January 1, 1995, the board shall, by 7,772
rule adopted in accordance with Chapter 119. of the Revised Code, 7,773
increase the triennial permit and renewal fee imposed pursuant to 7,774
this section by at least fifteen dollars but no more than thirty 7,775
dollars. 7,776
(2) Beginning with the first quarter of 1995 and each 7,778
quarter thereafter, the board, for the purpose provided in 7,779
section 4743.05 of the Revised Code, shall certify to the 7,780
director of budget and management the number of triennial permits 7,781
renewed under this chapter during the preceding quarter and the 7,782
amount equal to that number times the amount by which the 7,783
triennial permit and renewal fee is increased by the board under 7,784
division (D)(1) of this section. 7,785
Sec. 4701.20. All receipts of the accountancy board shall 7,794
be deposited in the state treasury to the credit of the 7,795
occupational licensing and regulatory fund, EXCEPT THAT ANY 7,796
PAYMENT MADE TO THE BOARD IN CONNECTION WITH AN APPLICATION FOR 7,797
EXAMINATION OR FOR A PERMIT, REGISTRATION, OR CERTIFICATE SHALL 7,798
BE DEPOSITED ONLY AFTER THE BOARD APPROVES THE APPLICATION. IN
THE EVENT THE APPLICATION IS NOT APPROVED, THE BOARD SHALL RETURN 7,799
THE PAYMENT TO THE APPLICANT. All 7,800
ALL vouchers of the board shall be approved by the board 7,803
president or executive secretary, or both, as authorized by the 7,804
board.
Sec. 4743.05. Except as otherwise provided in sections 7,813
4701.20, 4723.061, and 4729.65 of the Revised Code, all money 7,814
collected under Chapters 3773., 4701., 4703., 4709., 4713., 7,815
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 7,816
178
4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code 7,817
shall be paid into the state treasury to the credit of the 7,818
occupational licensing and regulatory fund, which is hereby 7,819
created for use in administering such chapters. Money deposited 7,820
to the credit of the fund under section 4731.24 of the Revised 7,821
Code shall be used until July 1, 1998, for administering Chapters 7,822
4730. and 4731. of the Revised Code. 7,823
At the end of each quarter, the director OF BUDGET AND 7,825
MANAGEMENT shall transfer from the occupational licensing and 7,827
regulatory fund to the nurse education assistance fund created in 7,828
section 3333.28 of the Revised Code the amount certified to the 7,829
director under division (B) of section 4723.08 of the Revised 7,830
Code.
At the end of the first quarter of 1995 and at the end of 7,832
each quarter thereafter, the director shall transfer from the 7,833
occupational licensing and regulatory fund to the certified 7,834
public accountant education assistance fund created in section 7,835
4701.26 of the Revised Code the amount certified to the director 7,837
under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used 7,846
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 7,847
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 7,848
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 7,849
4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715., 4717., 7,850
4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 7,851
4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 7,852
4766., 4773., and 4775. of the Revised Code, means the license 7,853
renewal procedures specified in this chapter. 7,854
(B) "Licensing agency," as used in this chapter, means any 7,856
department, division, board, section of a board, or other state 7,857
governmental unit subject to the standard renewal procedure, as 7,858
defined in this section, and authorized by the Revised Code to 7,859
issue a license to engage in a specific profession, occupation, 7,860
or occupational activity, or to have charge of and operate 7,861
179
certain specified equipment, machinery, or premises. 7,862
(C) "License," as used in this chapter, means a license, 7,864
certificate, permit, card, or other authority issued or conferred 7,865
by a licensing agency by authority of which the licensee has or 7,866
claims the privilege to engage in the profession, occupation, or 7,867
occupational activity, or to have control of and operate certain 7,868
specific equipment, machinery, or premises, over which the 7,869
licensing agency has jurisdiction. 7,870
(D) "Licensee," as used in this chapter, means either the 7,872
person to whom the license is issued or renewed by a licensing 7,873
agency, or the person, partnership, or corporation at whose 7,874
request the license is issued or renewed. 7,875
(E) "Renewal" and "renewed," as used in this chapter and 7,877
in the chapters of the Revised Code specified in division (A) of 7,878
this section, includes the continuing licensing procedure 7,879
provided in Chapter 3748. of the Revised Code and rules adopted 7,881
under it and in sections 1321.05 and 3921.33 of the Revised Code, 7,882
and as applied to those continuing licenses any reference in this 7,884
chapter to the date of expiration of any license shall be 7,885
construed to mean the due date of the annual or other fee for the 7,886
continuing license.
Sec. 4981.091. THERE IS HEREBY CREATED IN THE STATE 7,888
TREASURY THE FEDERAL RAIL FUND. THE FUND SHALL CONSIST OF MONEY 7,890
RECEIVED PURSUANT TO SECTION 4981.08 OF THE REVISED CODE AND SUCH 7,891
OTHER MONEY AS MAY BE PROVIDED BY LAW. THE FUND SHALL BE USED TO 7,892
ACQUIRE, REHABILITATE, OR DEVELOP RAIL PROPERTY OR SERVICE; TO 7,893
PARTICIPATE IN THE ACQUISITION OF RAIL PROPERTY WITH THE FEDERAL 7,894
GOVERNMENT, MUNICIPAL CORPORATIONS, TOWNSHIPS, COUNTIES, OR OTHER 7,895
GOVERNMENTAL AGENCIES; AND TO PROMOTE, PLAN, DESIGN, CONSTRUCT, 7,896
OPERATE, AND MAINTAIN PASSENGER AND FREIGHT RAIL TRANSPORTATION 7,897
SYSTEMS. THE FUND ALSO MAY BE USED TO PAY THE ADMINISTRATIVE 7,898
COSTS OF THE OHIO RAIL DEVELOPMENT COMMISSION ASSOCIATED WITH 7,899
CONDUCTING ANY AUTHORIZED RAIL PROGRAM, AND FOR ANY PURPOSE
AUTHORIZED BY SECTIONS 4981.03 AND 5501.56 OF THE REVISED CODE. 7,900
180
THE FUND SHALL NOT BE USED TO PROVIDE LOAN GUARANTEES. 7,901
INVESTMENT EARNINGS ON MONEYS CREDITED TO THE FUND SHALL BE 7,902
RETAINED BY THE FUND.
IN ACQUIRING RAIL PROPERTY, THE OHIO RAIL DEVELOPMENT 7,904
COMMISSION MAY OBTAIN ACQUISITION LOANS FROM THE FEDERAL 7,906
GOVERNMENT OR FROM ANY OTHER SOURCE.
Sec. 5101.93. (A) There is hereby established a welfare 7,916
oversight council consisting of eight voting members, four of 7,917
whom shall be members of the house of representatives, two 7,918
appointed by the speaker and two appointed by the minority leader 7,919
of the house of representatives, not more than two of whom shall 7,920
be members of the same political party, and four of whom shall be 7,921
members of the senate, two appointed by the president and two 7,922
appointed by the minority leader of the senate, not more than two 7,923
of whom shall be members of the same political party. The 7,924
director of administrative services, the administrator of the 7,925
bureau of employment services, and the director of human services 7,926
shall be ex officio nonvoting members and two representatives of 7,927
the general public appointed by the governor shall be nonvoting 7,928
members of the council. The council may, by a majority vote, add 7,930
other nonvoting members to the council. A vacancy on the council 7,932
shall be filled in the same manner as the original appointment. 7,933
(B) The speaker of the house of representatives shall 7,935
designate the initial chairperson of the welfare oversight 7,936
council and the president of the senate shall designate the 7,937
initial vice-chairperson of the council. Thereafter, the 7,938
authority to designate the chairperson and the vice-chairperson 7,939
shall alternate between the speaker of the house and the 7,940
president of the senate. The chairperson and vice-chairperson 7,941
and other members of the council shall serve one-year terms. 7,942
The council shall meet at least twice FOUR TIMES a year in 7,945
Columbus or other locations selected by the chairperson to 7,946
monitor and review the Ohio works first program established under 7,947
Chapter 5107. of the Revised Code, INCLUDING SANCTIONS IMPOSED 7,948
181
UNDER SECTION 5107.16 OF THE REVISED CODE; the prevention,
retention, and contingency program established under Chapter 7,950
5108. of the Revised Code; and the department of human services, 7,951
county departments of human services, child support enforcement 7,952
agencies, and public children services agencies. The council may 7,953
visit the department, county departments, and agencies. 7,954
The chairperson of the council shall determine the agenda 7,957
for each meeting of the council, except that if at least four 7,958
legislative members of the council submit a written request to 7,959
the chairperson to consider an item, the chairperson shall place 7,960
the item on the agenda of the council's next regularly scheduled 7,961
meeting occurring more than ten days after the written request is 7,962
submitted to the chairperson.
(C) The members of the welfare oversight council shall 7,964
serve without compensation but shall be reimbursed for their 7,965
actual and necessary expenses incurred in the discharge of their 7,966
official duties. In the discharge of its duties the council may 7,968
issue subpoenas compelling the attendance of witnesses and the 7,969
production of any records of the department of human services or 7,970
local agencies. The council shall adopt rules to implement this 7,971
section.
(D) The welfare oversight council shall advise the general 7,973
assembly on the performance of the department of human services, 7,975
county departments of human services, child support enforcement 7,976
agencies, and public children services agencies. The council 7,977
shall submit recommendations to the general assembly for any 7,978
changes in law that the council considers necessary or 7,979
appropriate. Between lines 9,970a and 9,979, insert: 7,980
Sec. 5104.32. (A) Except as provided in division (C) of 7,990
this section, all purchases of publicly funded child day-care 7,991
shall be made under a contract entered into by a licensed child 7,992
day-care center, licensed type A family day-care home, certified 7,993
type B family day-care home, certified in-home aide, approved 7,994
child day camp, licensed preschool program, or licensed school 7,995
182
child program and the county department of human services. A 7,996
county department of human services may enter into a contract 7,997
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 7,998
unspecified period of time. All contracts for publicly funded 7,999
child day-care shall be contingent upon the availability of state 8,000
and federal funds. The department of human services shall 8,001
prescribe a standard form to be used for all contracts for the 8,002
purchase of publicly funded child day-care, regardless of the 8,003
source of public funds used to purchase the child day-care. To 8,004
the extent permitted by federal law and notwithstanding any other 8,005
provision of the Revised Code that regulates state or county 8,006
contracts or contracts involving the expenditure of state, 8,007
county, or federal funds, all contracts for publicly funded child 8,008
day-care shall be entered into in accordance with the provisions 8,009
of this chapter and are exempt from any other provision of the 8,010
Revised Code that regulates state or county contracts or 8,011
contracts involving the expenditure of state, county, or federal 8,012
funds. 8,013
(B) Each contract for publicly funded child day-care shall 8,015
specify at least the following: 8,016
(1) That EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 8,018
SECTION, THAT the provider of publicly funded child day-care 8,019
agrees to be paid for rendering services at the lower of the rate 8,020
customarily charged by the provider for children enrolled for 8,021
child day-care or the rate of reimbursement established pursuant 8,023
to section 5104.30 of the Revised Code;
(2) IF THE PROVIDER PROVIDES PUBLICLY FUNDED CHILD 8,025
DAY-CARE TO CARETAKER PARENTS WHO WORK NONTRADITIONAL HOURS, THAT 8,026
THE PROVIDER IS TO BE PAID FOR RENDERING SERVICES TO THOSE 8,027
CARETAKER PARENTS AT THE RATE OF REIMBURSEMENT ESTABLISHED 8,028
PURSUANT TO SECTION 5104.30 OF THE REVISED CODE REGARDLESS OF 8,030
WHETHER THAT RATE IS HIGHER THAN THE RATE THE PROVIDER 8,031
CUSTOMARILY CHARGES FOR CHILDREN ENROLLED FOR CHILD DAY-CARE; 8,032
183
(3) That, if a provider provides child day-care to an 8,034
individual potentially eligible for publicly funded child 8,035
day-care who is subsequently determined to be eligible, the 8,036
county department agrees to pay for all child day-care provided 8,037
between the date the county department receives the individual's 8,038
completed application and the date the individual's eligibility 8,039
is determined; 8,040
(3)(4) Whether the county department of human services, 8,042
the provider, or a child day-care resource and referral service 8,043
organization will make eligibility determinations, whether the 8,044
provider or a child day-care resource and referral service 8,045
organization will be required to collect information to be used 8,046
by the county department to make eligibility determinations, and 8,047
the time period within which the provider or child day-care 8,048
resource and referral service organization is required to 8,049
complete required eligibility determinations or to transmit to 8,050
the county department any information collected for the purpose 8,051
of making eligibility determinations; 8,052
(4)(5) That the provider shall continue to be licensed, 8,054
approved, or certified pursuant to this chapter or sections 8,055
3301.52 to 3301.59 of the Revised Code and shall comply with all 8,056
standards and other requirements in this chapter and those 8,057
sections and in rules adopted pursuant to this chapter or those 8,058
sections for maintaining the provider's license, approval, or 8,059
certification; 8,060
(5)(6) Whether the provider will be paid by the county 8,062
department of human services or the state department of human 8,063
services; 8,064
(6)(7) That the contract is subject to the availability of 8,066
state and federal funds. 8,067
(C) Unless specifically prohibited by federal law, the 8,069
county department of human services shall give individuals 8,070
eligible for publicly funded child day-care the option of 8,071
obtaining certificates for payment that the individual may use to 8,072
184
purchase services from any provider qualified to provide publicly 8,073
funded child day-care under section 5104.31 of the Revised Code. 8,074
Providers of publicly funded child day-care may present these 8,075
certificates for payment for reimbursement in accordance with 8,076
rules that the department of human services shall adopt. Only 8,077
providers may receive reimbursement for certificates for payment. 8,078
The value of the certificate for payment shall be based on the 8,079
lower of the rate customarily charged by the provider or the rate 8,081
of reimbursement established pursuant to section 5104.30 of the 8,082
Revised Code, UNLESS THE PROVIDER PROVIDES PUBLICLY FUNDED CHILD 8,083
DAY-CARE TO CARETAKER PARENTS WHO WORK NONTRADITIONAL HOURS, IN 8,084
WHICH CASE THE VALUE OF THE CERTIFICATE FOR PAYMENT FOR THE 8,085
SERVICES TO THOSE CARETAKER PARENTS SHALL BE BASED ON THE RATE OF 8,086
REIMBURSEMENT ESTABLISHED PURSUANT TO THAT SECTION REGARDLESS OF 8,087
WHETHER THAT RATE IS HIGHER THAN THE RATE CUSTOMARILY CHARGED BY 8,088
THE PROVIDER. The county department may provide the certificates 8,090
for payment to the individuals or may contract with child 8,091
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 8,092
publicly funded child day-care pursuant to contracts entered into 8,093
under section 5104.34 of the Revised Code for the providers or 8,094
resource and referral service organizations to provide the 8,095
certificates for payment to individuals whom they determine are 8,096
eligible for publicly funded child day-care. 8,097
Sec. 5104.34. (A)(1) Each county department of human 8,106
services shall implement procedures for making determinations of 8,107
eligibility for publicly funded child day-care. Under those 8,108
procedures, the eligibility determination for each applicant 8,109
shall be made no later than thirty calendar days from the date 8,110
the county department receives a completed application for 8,111
publicly funded child day-care. Each applicant shall be notified 8,112
promptly of the results of the eligibility determination. An 8,113
applicant aggrieved by a decision or delay in making an 8,114
eligibility determination may appeal the decision or delay to the 8,115
185
department of human services in accordance with section 5101.35 8,116
of the Revised Code. The due process rights of applicants shall 8,117
be protected. 8,118
To the extent permitted by federal law, the county 8,120
department may make all determinations of eligibility for 8,121
publicly funded child day-care, may contract with child day-care 8,122
providers or child day-care resource and referral service 8,123
organizations for the providers or resource and referral service 8,124
organizations to make all or any part of the determinations, and 8,125
may contract with child day-care providers or child day-care 8,126
resource and referral service organizations for the providers or 8,127
resource and referral service organizations to collect specified 8,128
information for use by the county department in making 8,129
determinations. If a county department contracts with a child 8,130
day-care provider or a child day-care resource and referral 8,131
service organization for eligibility determinations or for the 8,132
collection of information, the contract shall require the 8,133
provider or resource and referral service organization to make 8,134
each eligibility determination no later than thirty calendar days 8,135
from the date the provider or resource and referral organization 8,136
receives a completed application that is the basis of the 8,137
determination and to collect and transmit all necessary 8,138
information to the county department within a period of time that 8,139
enables the county department to make each eligibility 8,140
determination no later than thirty days after the filing of the 8,141
application that is the basis of the determination. 8,142
The county department may station employees of the 8,144
department in various locations throughout the county and may 8,145
assign employees of the department to hours of employment outside 8,146
the normal working hours of the department to collect information 8,147
relevant to applications for publicly funded child day-care and 8,148
to make eligibility determinations. The county department, child 8,149
day-care provider, and child day-care resource and referral 8,150
service organization shall make each determination of eligibility 8,151
186
for publicly funded child day-care no later than thirty days 8,152
after the filing of the application that is the basis of the 8,153
determination, shall make each determination in accordance with 8,154
any relevant rules adopted pursuant to section 5104.38 of the 8,155
Revised Code, and shall notify promptly each applicant for 8,156
publicly funded child day-care of the results of the 8,157
determination of the applicant's eligibility. 8,158
On or before October 1, 1991, the department of human 8,160
services shall adopt rules in accordance with Chapter 119. of the 8,161
Revised Code for monitoring the eligibility determination 8,162
process. In accordance with those rules, the state department 8,163
shall monitor eligibility determinations made by county 8,164
departments of human services and shall direct any entity that is 8,165
not in compliance with this division or any rule adopted under 8,166
this division to implement corrective action specified by the 8,167
department. 8,168
(2) All eligibility determinations for publicly funded 8,171
child day-care shall be made in accordance with rules adopted by 8,172
the department of human services pursuant to division (A) of 8,173
section 5104.38 of the Revised Code AND, IF A COUNTY DEPARTMENT 8,175
OF HUMAN SERVICES SPECIFIES, PURSUANT TO RULES ADOPTED UNDER 8,176
DIVISION (B) OF THAT SECTION, A MAXIMUM AMOUNT OF INCOME A FAMILY 8,178
MAY HAVE TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE, THE 8,179
INCOME MAXIMUM SPECIFIED BY THE COUNTY DEPARTMENT. Publicly 8,180
funded child day-care may be provided only to eligible infants, 8,181
toddlers, preschool children, and school children under age 8,182
thirteen. For an applicant to be eligible for publicly funded 8,183
child day-care, the caretaker parent must be employed or 8,184
participating in a program of education or training for an amount 8,185
of time reasonably related to the time that the parent's children 8,186
are receiving publicly funded child day-care. This restriction 8,187
does not apply to families whose children are eligible for
protective or special needs day-care. 8,188
Subject to available funds, the A COUNTY department OF 8,190
187
HUMAN SERVICES shall allow a family to continue to receive 8,192
publicly funded child day-care until UNLESS the family's income 8,193
exceeds one hundred fifty per cent of the federal poverty line 8,194
THE MAXIMUM INCOME ELIGIBILITY LIMIT. Initial and continued 8,196
eligibility for publicly funded child day-care is subject to 8,197
available funds unless the family is receiving transitional child
day-care as provided under this section, participating in the 8,198
Ohio works first program established under Chapter 5107. of the 8,200
Revised Code, or was receiving publicly funded child day-care on 8,202
October 1, 1997, and has a family income below one hundred fifty 8,203
per cent of the federal poverty line. If the department must 8,204
limit eligibility due to lack of available funds, it shall give 8,205
first priority for publicly funded child day-care to an 8,206
assistance group whose income is not more than one hundred fifty 8,207
per cent of the federal poverty line THE MAXIMUM INCOME
ELIGIBILITY LIMIT that received transitional child day-care in 8,209
the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall 8,210
continue to receive priority for publicly funded child day-care 8,211
until its income exceeds one hundred fifty per cent of the 8,212
federal poverty line THE MAXIMUM INCOME ELIGIBILITY LIMIT. 8,213
(3) An assistance group that ceases to participate in the 8,215
Ohio works first program established under Chapter 5107. of the 8,217
Revised Code is eligible for transitional child day-care at any 8,219
time during the immediately following twelve-month period that 8,220
both of the following apply:
(a) The assistance group requires child day-care due to 8,222
employment; 8,223
(b) The assistance group's income is not more than one 8,225
hundred fifty per cent of the federal poverty line. 8,226
An assistance group ineligible to participate in the Ohio 8,228
works first program pursuant to section 5101.83 or section 8,229
5107.16 of the Revised Code is not eligible for transitional 8,232
child day-care. 8,233
188
(B) To the extent permitted by federal law, a county 8,235
department of human services may require a caretaker parent 8,236
determined to be eligible for publicly funded child day-care to 8,237
pay a fee according to the schedule of fees established in rules 8,238
adopted under section 5104.38 of the Revised Code. Each county 8,239
department shall make protective day-care services available to 8,242
children without regard to the income or assets of the caretaker 8,243
parent of the child. 8,244
(C) A caretaker parent receiving publicly funded child 8,246
day-care shall report to the entity that determined eligibility 8,248
any changes in status with respect to employment or participation 8,249
in a program of education or training.
(D) If a county department of human services determines 8,251
that available resources are not sufficient to provide publicly 8,252
funded child day-care to all eligible families who request it, 8,253
the county department may establish a waiting list. A county 8,254
department may establish separate waiting lists within the 8,255
waiting list based on income. When resources become available to 8,257
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 8,258
assess the needs of the next family scheduled to receive publicly 8,260
funded child day-care. If the assessment demonstrates that the 8,261
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 8,262
family. If the county department determines that the family is 8,263
no longer eligible or no longer needs publicly funded child 8,264
day-care, the county department shall remove the family from the 8,265
waiting list.
(E) AS USED IN THIS SECTION, "MAXIMUM INCOME ELIGIBILITY 8,268
LIMIT" MEANS THE AMOUNT OF INCOME SPECIFIED IN RULES ADOPTED 8,269
UNDER DIVISION (A) OF SECTION 5104.38 OF THE REVISED CODE OR, IF 8,272
A COUNTY DEPARTMENT OF HUMAN SERVICES SPECIFIES A HIGHER AMOUNT 8,273
PURSUANT TO RULES ADOPTED UNDER DIVISION (B) OF THAT SECTION, THE 8,275
AMOUNT THE COUNTY DEPARTMENT SPECIFIES.
189
Sec. 5104.35. (A) The county department of human services 8,284
shall do all of the following: 8,285
(1) Accept any gift, grant, or other funds from either 8,287
public or private sources offered unconditionally or under 8,288
conditions which are, in the judgment of the department, proper 8,289
and consistent with this chapter and deposit the funds in the 8,290
county public assistance fund established by section 5101.161 of 8,291
the Revised Code; 8,292
(2) Recruit individuals and groups interested in 8,294
certification as in-home aides or in developing and operating 8,295
suitable licensed child day-care centers, type A family day-care 8,296
homes, or certified type B family day-care homes, especially in 8,297
areas with high concentrations of recipients of public 8,298
assistance, and for that purpose provide consultation to 8,299
interested individuals and groups on request; 8,300
(3) Inform clients of the availability of child day-care 8,302
services; 8,303
(4) Pay to a child day-care center, type A family day-care 8,305
home, certified type B family day-care home, in-home aide, 8,306
approved child day camp, licensed preschool program, or licensed 8,307
school child program for child day-care services, an THE amount 8,308
equal to the amount customarily charged by the center, type A 8,310
home, type B home, in-home aide, approved child day camp, or 8,311
program when the full fee is paid, except that the amount of 8,312
assistance shall not exceed the maximum rate established by the 8,313
state department of human services PROVIDED FOR IN DIVISION (B) 8,314
OF SECTION 5104.32 OF THE REVISED CODE. If part of the cost of 8,315
care of a child is paid by the child's parent or any other 8,316
person, the amount paid shall be subtracted from the customary 8,317
charge or the maximum rate, whichever is lower, prior to payment 8,318
by AMOUNT the COUNTY department PAYS. 8,320
(5) In accordance with rules adopted pursuant to section 8,322
5104.39 of the Revised Code, provide monthly reports to the 8,323
director of human services and the director of budget and 8,324
190
management regarding expenditures for the purchase of publicly 8,325
funded child day-care. 8,326
(B) The county department of human services may do any of 8,328
the following: 8,329
(1) To the extent permitted by federal law, use public 8,331
child day-care funds to extend the hours of operation of the 8,332
county department to accommodate the needs of working caretaker 8,333
parents and enable those parents to apply for publicly funded 8,334
child day-care; 8,335
(2) In accordance with rules adopted by the state 8,337
department of human services, request a waiver of the maximum 8,338
rate of assistance that is established by the state department of 8,339
human services pursuant to section 5104.30 of the Revised Code 8,340
for the purpose of paying a higher rate for publicly funded child 8,341
day-care based upon the special needs of a child, the special 8,342
circumstances of a family, or unique child day-care market 8,343
conditions; 8,344
(3) To the extent permitted by federal law, use state and 8,346
federal funds to pay deposits and other advance payments that a 8,347
provider of child day-care customarily charges all children who 8,348
receive child day-care from that provider; 8,349
(4) To the extent permitted by federal law, pay for up to 8,351
thirty days of child day-care for a child whose caretaker parent 8,352
is seeking employment, taking part in employment orientation 8,353
activities, or taking part in activities in anticipation of 8,354
enrollment or attendance in an education or training program or 8,355
activity, if the employment or education or training program or 8,356
activity is expected to begin within the thirty-day period. 8,357
Sec. 5104.38. In addition to any other rules adopted under 8,366
this chapter, the department of human services shall adopt rules 8,367
in accordance with Chapter 119. of the Revised Code governing 8,369
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 8,370
(A) Procedures and criteria to be used in making 8,372
191
determinations of eligibility for publicly funded child day-care 8,373
that give priority to children of families with lower incomes and 8,375
procedures and criteria for eligibility for publicly funded 8,376
protective day-care. The rules shall specify the maximum amount 8,377
of income a family may have for initial AND CONTINUED 8,378
eligibility. THE MAXIMUM AMOUNT SHALL NOT EXCEED ONE HUNDRED 8,379
EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY LINE. 8,380
(B) PROCEDURES UNDER WHICH A COUNTY DEPARTMENT OF HUMAN 8,382
SERVICES MAY, IF THE DEPARTMENT, UNDER DIVISION (A) OF THIS 8,384
SECTION, SPECIFIES A MAXIMUM AMOUNT OF INCOME A FAMILY MAY HAVE 8,385
FOR ELIGIBILITY FOR PUBLICLY FUNDED CHILD DAY-CARE THAT IS LESS 8,386
THAN ONE HUNDRED EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY 8,387
LINE, SPECIFY A MAXIMUM AMOUNT OF INCOME A FAMILY RESIDING IN THE
COUNTY THE COUNTY DEPARTMENT SERVES MAY HAVE FOR INITIAL AND 8,388
CONTINUED ELIGIBILITY FOR PUBLICLY FUNDED CHILD DAY-CARE THAT IS 8,389
HIGHER THAN THE AMOUNT SPECIFIED BY THE DEPARTMENT BUT DOES NOT 8,390
EXCEED ONE HUNDRED EIGHTY-FIVE PER CENT OF THE FEDERAL POVERTY 8,391
LINE;
(C) A schedule of fees requiring all eligible caretaker 8,394
parents to pay a fee for publicly funded child day-care according 8,395
to income and family size, which shall be uniform for all types 8,396
of publicly funded child day-care, except as authorized by rule, 8,397
and, to the extent permitted by federal law, shall permit the use 8,399
of state and federal funds to pay the customary deposits and 8,400
other advance payments that a provider charges all children who 8,401
receive child day-care from that provider; 8,402
(C)(D) A formula based upon a percentage of the county's 8,404
total expenditures for publicly funded child day-care for 8,405
determining the maximum amount of state and federal funds 8,406
appropriated for publicly funded child day-care that a county 8,407
department may use for administrative purposes; 8,408
(D)(E) Procedures to be followed by the department and 8,410
county departments in recruiting individuals and groups to become 8,411
providers of child day-care; 8,412
192
(E)(F) Procedures to be followed in establishing state or 8,414
local programs designed to assist individuals who are eligible 8,415
for publicly funded child day-care in identifying the resources 8,416
available to them and to refer the individuals to appropriate 8,417
sources to obtain child day-care; 8,418
(F)(G) Procedures to deal with fraud and abuse committed 8,420
by either recipients or providers of publicly funded child 8,421
day-care;
(G)(H) Procedures for establishing a child day-care grant 8,423
or loan program in accordance with the child care block grant 8,424
act;
(H)(I) Standards and procedures for applicants to apply 8,426
for grants and loans, and for the department to make grants and 8,427
loans; 8,428
(I)(J) A definition of "person who stands in loco 8,430
parentis" for the purposes of division (HH)(1) of section 5104.01 8,432
of the Revised Code;
(J)(K) Any other rules necessary to carry out sections 8,434
5104.30 to 5104.39 of the Revised Code. 8,435
Sec. 5711.22. (A) Deposits not taxed at the source shall 8,444
be listed and assessed at their amount in dollars on the day they 8,445
are required to be listed. Moneys shall be listed and assessed 8,446
at the amount thereof in dollars on hand on the day that they are 8,447
required to be listed. In listing investments, the amount of the 8,448
income yield of each for the calendar year next preceding the 8,449
date of listing shall, except as otherwise provided in this 8,450
chapter, be stated in dollars and cents and the assessment 8,451
thereof shall be at the amount of such income yield; but any 8,452
property defined as investments in either division (A) or (B) of 8,453
section 5701.06 of the Revised Code that has not been outstanding 8,455
for the full calendar year next preceding the date of listing, 8,456
except shares of stock of like kind as other shares of the same 8,457
corporation outstanding for the full calendar year next preceding 8,458
the date of listing, or which has yielded no income during such 8,459
193
calendar year shall be listed and assessed as unproductive 8,460
investments, at their true value in money on the day that such 8,461
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 8,463
assessed at their true value in money on the day as of which the 8,464
same are required to be listed. 8,465
Shares of stock of a bank holding company, as defined in 8,467
Title 12 U.S.C.A., section 1841, which are required to be listed 8,468
for taxation under this division and upon which dividends were 8,469
paid during the year of their issuance, which dividends are 8,470
subject to taxation under the provisions of Chapter 5747. of the 8,471
Revised Code, shall be exempt from the intangibles tax for the 8,472
year immediately succeeding their issuance. If such shares bear 8,474
dividends the first calendar year after their issuance, which 8,475
dividends are subject to taxation under the provisions of Chapter 8,476
5747. of the Revised Code, it shall be deemed that the 8,477
nondelinquent intangible property tax pursuant to division (A) of 8,478
section 5707.04 of the Revised Code was paid on those dividends 8,479
paid that first calendar year after the issuance of the shares. 8,480
(B)(1) Boilers, machinery, equipment, and personal 8,482
property the true value of which is determined under division (B) 8,483
of section 5711.21 of the Revised Code shall be listed and 8,484
assessed at an amount equal to the sum of the products determined 8,485
under divisions (B)(1)(a), (b), and (c) of this section. 8,486
(a) Multiply the portion of the true value determined 8,488
under division (B)(1) of section 5711.21 of the Revised Code by 8,489
the assessment rate for the appropriate year in division (D)(E) 8,491
of this section;
(b) Multiply the portion of the true value determined 8,493
under division (B)(2) of section 5711.21 of the Revised Code by 8,494
the assessment rate in section 5727.111 of the Revised Code that 8,495
is applicable to the production equipment of an electric company; 8,496
(c) Multiply the portion of the true value determined 8,498
under division (B)(3) of section 5711.21 of the Revised Code by 8,499
194
the assessment rate in section 5727.111 of the Revised Code that 8,500
is applicable to the property of an electric company that is not 8,501
production equipment. 8,502
(2) Personal property leased to a public utility or 8,504
interexchange telecommunications company as defined in section 8,505
5727.01 of the Revised Code and used directly in the rendition of 8,506
a public utility service as defined in division (P) of section 8,507
5739.01 of the Revised Code shall be listed and assessed at the 8,508
same percentage of true value in money that such property is 8,509
required to be assessed by section 5727.111 of the Revised Code 8,510
if owned by the public utility or interexchange 8,511
telecommunications company. 8,512
(C)(1) Merchandise or an agricultural product shipped from 8,514
outside this state and held in this state in a warehouse or a 8,515
place of storage without further manufacturing or processing and 8,516
for storage only and for shipment outside this state, but that is 8,518
taxable because it does not qualify as "not used in business in 8,520
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 8,521
twenty-five one-hundredths of its true value in money until 8,522
reduced in accordance with the following schedule: 8,523
(a) For any year, subtract five one-hundredths from the 8,525
rate at which such property was required to be listed and 8,526
assessed in the preceding year, if the total statewide collection 8,527
of all real and tangible personal property taxes for the second 8,529
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 8,530
year by more than the greater of four per cent or the rate of 8,531
increase from the third to the second preceding years in the 8,532
average consumer price index (all urban consumers, all items) 8,533
prepared by the bureau of labor statistics of the United States 8,534
department of labor;
(b) If no reduction in the assessment rate is made for a 8,536
year, the rate is the same as for the preceding year. 8,537
195
(2) Each year until the year the assessment rate equals 8,539
zero, the tax commissioner shall determine the assessment rate 8,540
required under this division and shall notify all county auditors 8,541
of that rate.
(3) Notwithstanding provisions to the contrary in division 8,543
(B) of section 5701.08 of the Revised Code, during and after the 8,544
year for which the assessment rate as calculated under this 8,545
division equals zero, any merchandise or agricultural product 8,546
shipped from outside this state and held in this state in any 8,547
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 8,548
shipment outside this state to any person for any purpose is not 8,549
used in business in this state for property tax purposes. 8,551
(D)(1) Merchandise or an agricultural product owned by a 8,553
qualified out-of-state person shipped from outside this state and 8,555
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 8,556
for shipment inside this state, but that is taxable because it 8,557
does not qualify as "not used in business in this state" under 8,558
division (B)(1) or (2) of section 5701.08 of the Revised Code, 8,561
shall be listed and assessed at a rate of twenty-five 8,562
one-hundredths of its true value in money until reduced in 8,563
accordance with the following schedule: 8,564
(a) For any year, subtract five one-hundredths from the 8,567
rate at which such property was required to be listed and 8,568
assessed in the preceding year, if the total statewide collection 8,569
of all real and tangible personal property taxes for the second 8,570
preceding year exceeded the total statewide collection of all 8,571
real and tangible personal property taxes for the third preceding 8,572
year by more than the greater of four per cent or the rate of 8,573
increase from the third to the second preceding years in the 8,574
average consumer price index (all urban consumers, all items) 8,575
prepared by the bureau of labor statistics of the United States 8,577
department of labor; 8,578
196
(b) If no reduction in the assessment rate is made for a 8,581
year, the rate is the same as for the preceding year. 8,582
(2) Each year until the year the assessment rate equals 8,584
zero, the tax commissioner shall determine the assessment rate 8,585
required under this division and shall notify all county auditors 8,587
of that rate.
(3) Notwithstanding provisions to the contrary in division 8,590
(B) of section 5701.08 of the Revised Code, during and after the 8,592
year for which the assessment rate as calculated under this 8,593
division equals zero, any merchandise or agricultural product 8,594
described in division (D)(1) of this section is not used in 8,596
business in this state for property tax purposes. 8,597
(4) As used in division (D) of this section: 8,600
(a) "Qualified out-of-state person" means a person that 8,603
does not own, lease, or use property, other than merchandise or 8,604
an agricultural product described in this division, in this 8,605
state, and does not have employees, agents, or representatives in 8,606
this state;
(b) "Public warehouse" means a warehouse in this state 8,609
that is not subject to the control of or under the supervision of 8,610
the owner of the merchandise or agricultural product stored in 8,611
it, or staffed by the owner's employees, and from which the 8,612
property is to be shipped inside this state. 8,613
(E) Unless otherwise provided by law, all other personal 8,615
property used in business that has not been legally regarded as 8,616
an improvement on land and considered in arriving at the value of 8,617
the real property assessed for taxation shall be listed and 8,618
assessed at the rate of twenty-five per cent of its true value in 8,620
money.
Sec. 5733.04. As used in this chapter: 8,632
(A) "Issued and outstanding shares of stock" applies to 8,634
nonprofit corporations, as provided in section 5733.01 of the 8,635
Revised Code, and includes but is not limited to, membership 8,636
certificates and other instruments evidencing ownership of an 8,637
197
interest in such nonprofit corporations, and with respect to a 8,638
financial institution which does not have capital stock, "issued 8,639
and outstanding shares of stock" includes, but is not limited to, 8,640
ownership interests of depositors in the capital employed in such 8,641
an institution. 8,642
(B) "Taxpayer" means a corporation subject to the tax 8,644
imposed by section 5733.06 of the Revised Code. 8,645
(C) "Resident" means a corporation organized under the 8,647
laws of this state. 8,648
(D) "Commercial domicile" means the principal place from 8,650
which the trade or business of the taxpayer is directed or 8,651
managed. 8,652
(E) "Taxable year" means the period prescribed by division 8,655
(A) of section 5733.031 of the Revised Code upon the net income 8,657
of which the value of the taxpayer's issued and outstanding 8,658
shares of stock is determined under division (B) of section 8,660
5733.05 of the Revised Code or the period prescribed by division 8,661
(A) of section 5733.031 of the Revised Code that immediately 8,663
precedes the date as of which the total value of the corporation 8,665
is determined under division (A) or (C) of section 5733.05 of the 8,666
Revised Code.
(F) "Tax year" means the calendar year in and for which 8,668
the tax imposed by section 5733.06 of the Revised Code is 8,670
required to be paid.
(G) "Internal Revenue Code" means the "Internal Revenue 8,672
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 8,673
(H) "Federal income tax" means the income tax imposed by 8,675
the Internal Revenue Code. 8,676
(I) "Net EXCEPT AS PROVIDED IN SECTION 5733.058 OF THE 8,678
REVISED CODE, "NET income" means the taxpayer's taxable income 8,679
before operating loss deduction and special deductions, as 8,680
required to be reported for the taxpayer's taxable year under the 8,681
Internal Revenue Code, subject to the following adjustments: 8,682
(1)(a) Deduct any net operating loss incurred in any 8,684
198
taxable years ending in 1971 or thereafter but exclusive of any 8,685
net operating loss incurred in taxable years ending prior to 8,686
January 1, 1971. This deduction shall not be allowed in any tax 8,687
year commencing before December 31, 1973, but shall be carried 8,688
over and allowed in tax years commencing after December 31, 1973, 8,689
until fully utilized in the next succeeding taxable year or years 8,690
in which the taxpayer has net income, but in no case for more 8,691
than the designated carryover period as described in division 8,692
(I)(1)(b) of this section. The amount of such net operating 8,693
loss, as determined under the allocation and apportionment 8,694
provisions of section 5733.051 and division (B) of section 8,695
5733.05 of the Revised Code for the year in which the net 8,696
operating loss occurs, shall be deducted from net income, as 8,697
determined under the allocation and apportionment provisions of 8,698
section 5733.051 and division (B) of section 5733.05 of the 8,699
Revised Code, to the extent necessary to reduce net income to 8,700
zero with the remaining unused portion of the deduction, if any, 8,701
carried forward to the remaining years of the designated 8,702
carryover period as described in division (I)(1)(b) of this 8,703
section, or until fully utilized, whichever occurs first. 8,704
(b) For losses incurred in taxable years ending on or 8,706
before December 31, 1981, the designated carryover period shall 8,707
be the five consecutive taxable years after the taxable year in 8,708
which the net operating loss occurred. For losses incurred in 8,709
taxable years ending on or after January 1, 1982, the designated 8,710
carryover period shall be the fifteen consecutive taxable years 8,711
after the taxable year in which the net operating loss occurs. 8,712
(c) The tax commissioner may require a taxpayer to furnish 8,714
any information necessary to support a claim for deduction under 8,715
division (I)(1)(a) of this section and no deduction shall be 8,716
allowed unless the information is furnished. 8,717
(2) Deduct any amount included in net income by 8,719
application of section 78 or 951 of the Internal Revenue Code, 8,720
amounts received for royalties, technical or other services 8,721
199
derived from sources outside the United States, and dividends 8,722
received from a subsidiary, associate, or affiliated corporation 8,723
that neither transacts any substantial portion of its business 8,724
nor regularly maintains any substantial portion of its assets 8,725
within the United States. For purposes of determining net 8,726
foreign source income deductible under division (I)(2) of this 8,727
section, the amount of gross income from all such sources other 8,728
than income derived by application of section 78 or 951 of the 8,729
Internal Revenue Code shall be reduced by: 8,730
(a) The amount of any reimbursed expenses for personal 8,732
services performed by employees of the taxpayer for the 8,733
subsidiary, associate, or affiliated corporation; 8,734
(b) Ten per cent of the amount of royalty income and 8,736
technical assistance fees; 8,737
(c) Fifteen per cent of the amount of dividends and all 8,739
other income. 8,740
The amounts described in divisions (I)(2)(a) to (c) of this 8,742
section are deemed to be the expenses attributable to the 8,743
production of deductible foreign source income unless the 8,744
taxpayer shows, by clear and convincing evidence, less actual 8,745
expenses or the tax commissioner shows, by clear and convincing 8,746
evidence, more actual expenses. 8,747
(3) Add any loss or deduct any gain resulting from the 8,749
sale, exchange, or other disposition of a capital asset, or an 8,750
asset described in section 1231 of the Internal Revenue Code, to 8,751
the extent that such loss or gain occurred prior to the first 8,752
taxable year on which the tax provided for in section 5733.06 of 8,753
the Revised Code is computed on the corporation's net income. For 8,755
purposes of division (I)(3) of this section, the amount of the 8,756
prior loss or gain shall be measured by the difference between 8,757
the original cost or other basis of the asset and the fair market 8,758
value as of the beginning of the first taxable year on which the 8,759
tax provided for in section 5733.06 of the Revised Code is 8,760
computed on the corporation's net income. At the option of the 8,761
200
taxpayer, the amount of the prior loss or gain may be a
percentage of the gain or loss, which percentage shall be 8,762
determined by multiplying the gain or loss by a fraction, the 8,763
numerator of which is the number of months from the acquisition 8,764
of the asset to the beginning of the first taxable year on which 8,765
the fee provided in section 5733.06 of the Revised Code is 8,766
computed on the corporation's net income, and the denominator of 8,767
which is the number of months from the acquisition of the asset 8,768
to the sale, exchange, or other disposition of the asset. 8,769
(4) Deduct the dividend received deduction provided by 8,771
section 243 of the Internal Revenue Code. 8,772
(5) Deduct any interest or interest equivalent on public 8,774
obligations and purchase obligations to the extent included in 8,775
federal taxable income. As used in divisions (I)(5) and (6) of 8,776
this section, "public obligations," "purchase obligations," and 8,777
"interest or interest equivalent" have the same meanings as in 8,778
section 5709.76 of the Revised Code. 8,779
(6) Add any loss or deduct any gain resulting from the 8,781
sale, exchange, or other disposition of public obligations to the 8,782
extent included in federal taxable income. 8,783
(7) To the extent not otherwise allowed, deduct any 8,785
dividends or distributions received by a taxpayer from a public 8,786
utility, if the taxpayer owns at least eighty per cent of the 8,787
issued and outstanding common stock of the utility. As used in 8,788
division (I)(7) of this section, "public utility" or "utility" 8,789
means a public utility as defined in Chapter 5727. of the Revised 8,790
Code, whether or not the utility is doing business in the state. 8,791
(8) To the extent not otherwise allowed, deduct any 8,793
dividends received by a taxpayer from an insurance company, if 8,794
the taxpayer owns at least eighty per cent of the issued and 8,795
outstanding common stock of the insurance company. As used in 8,796
division (I)(8) of this section, "insurance company" means an 8,797
insurance company which is taxable under Chapter 5725. or 5729. 8,798
of the Revised Code. 8,799
201
(9) Deduct expenditures for modifying existing buildings 8,801
or structures to meet American national standards institute 8,802
standard A-117.1-1961 (R-1971), as amended; provided, that no 8,803
deduction shall be allowed to the extent that such deduction is 8,804
not permitted under federal law or under rules of the tax 8,805
commissioner. Those deductions as are allowed may be taken over 8,806
a period of five years. The tax commissioner shall adopt rules 8,807
under Chapter 119. of the Revised Code establishing reasonable 8,808
limitations on the extent that expenditures for modifying 8,809
existing buildings or structures are attributable to the purpose 8,810
of making the buildings or structures accessible to and usable by 8,811
physically handicapped persons. 8,812
(10) Deduct the amount of wages and salaries, if any, not 8,814
otherwise allowable as a deduction but that would have been 8,815
allowable as a deduction in computing federal taxable income 8,816
before operating loss deduction and special deductions for the 8,817
taxable year, had the targeted jobs credit allowed and determined 8,818
under sections 38, 51, and 52 of the Internal Revenue Code not 8,819
been in effect. 8,820
(11) Deduct net interest income on obligations of the 8,822
United States and its territories and possessions or of any 8,823
authority, commission, or instrumentality of the United States to 8,824
the extent the laws of the United States prohibit inclusion of 8,825
the net interest for purposes of determining the value of the 8,826
taxpayer's issued and outstanding shares of stock under division 8,827
(B) of section 5733.05 of the Revised Code. As used in division 8,828
(I)(11) of this section, "net interest" means interest net of any 8,829
expenses taken on the federal income tax return that would not 8,830
have been allowed under section 265 of the Internal Revenue Code 8,831
if the interest were exempt from federal income tax. 8,832
(12)(a) Except as set forth in division (I)(12)(d) of this 8,834
section, to the extent not included in computing the taxpayer's 8,835
federal taxable income before operating loss deduction and 8,836
special deductions, add gains and deduct losses from direct or 8,837
202
indirect sales, exchanges, or other dispositions, made by a 8,838
related entity who is not a taxpayer, of the taxpayer's indirect, 8,839
beneficial, or constructive investment in the stock or debt of 8,840
another entity, unless the gain or loss has been included in 8,841
computing the federal taxable income before operating loss 8,842
deduction and special deductions of another taxpayer with a more 8,843
closely related investment in the stock or debt of the other 8,844
entity. The amount of gain added or loss deducted shall not 8,845
exceed the product obtained by multiplying such gain or loss by 8,846
the taxpayer's proportionate share, directly, indirectly, 8,847
beneficially, or constructively, of the outstanding stock of the 8,848
related entity immediately prior to the direct or indirect sale, 8,849
exchange, or other disposition. 8,850
(b) Except as set forth in division (I)(12)(e) of this 8,852
section, to the extent not included in computing the taxpayer's 8,853
federal taxable income before operating loss deduction and 8,854
special deductions, add gains and deduct losses from direct or 8,855
indirect sales, exchanges, or other dispositions made by a 8,856
related entity who is not a taxpayer, of intangible property 8,857
other than stock, securities, and debt, if such property was 8,858
owned, or used in whole or in part, at any time prior to or at 8,859
the time of the sale, exchange, or disposition by either the 8,860
taxpayer or by a related entity that was a taxpayer at any time 8,861
during the related entity's ownership or use of such property, 8,862
unless the gain or loss has been included in computing the 8,863
federal taxable income before operating loss deduction and 8,864
special deductions of another taxpayer with a more closely 8,865
related ownership or use of such intangible property. The 8,866
amount of gain added or loss deducted shall not exceed the 8,867
product obtained by multiplying such gain or loss by the 8,868
taxpayer's proportionate share, directly, indirectly, 8,869
beneficially, or constructively, of the outstanding stock of the 8,870
related entity immediately prior to the direct or indirect sale, 8,871
exchange, or other disposition. 8,872
203
(c) As used in division (I)(12) of this section, "related 8,874
entity" means those entities described in divisions (I)(12)(c)(i) 8,875
to (iii) of this section: 8,876
(i) An individual stockholder, or a member of the 8,878
stockholder's family enumerated in section 318 of the Internal 8,879
Revenue Code, if the stockholder and the members of the 8,880
stockholder's family own, directly, indirectly, beneficially, or 8,881
constructively, in the aggregate, at least fifty per cent of the 8,882
value of the taxpayer's outstanding stock; 8,883
(ii) A stockholder, or a stockholder's partnership, 8,885
estate, trust, or corporation, if the stockholder and the 8,886
stockholder's partnerships, estates, trusts, and corporations own 8,887
directly, indirectly, beneficially, or constructively, in the 8,888
aggregate, at least fifty per cent of the value of the taxpayer's 8,889
outstanding stock; 8,890
(iii) A corporation, or a party related to the corporation 8,892
in a manner that would require an attribution of stock from the 8,893
corporation to the party or from the party to the corporation 8,894
under division (I)(12)(c)(iv) of this section, if the taxpayer 8,895
owns, directly, indirectly, beneficially, or constructively, at 8,896
least fifty per cent of the value of the corporation's 8,897
outstanding stock. 8,898
(iv) The attribution rules of section 318 of the Internal 8,900
Revenue Code apply for purposes of determining whether the 8,901
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 8,902
this section have been met. 8,903
(d) For purposes of the adjustments required by division 8,905
(I)(12)(a) of this section, the term "investment in the stock or 8,906
debt of another entity" means only those investments where the 8,907
taxpayer and the taxpayer's related entities directly, 8,908
indirectly, beneficially, or constructively own, in the 8,909
aggregate, at any time during the twenty-four month period 8,910
commencing one year prior to the direct or indirect sale, 8,911
exchange, or other disposition of such investment at least fifty 8,912
204
per cent or more of the value of either the outstanding stock or 8,913
such debt of such other entity. 8,914
(e) For purposes of the adjustments required by division 8,916
(I)(12)(b) of this section, the term "related entity" excludes 8,917
all of the following: 8,918
(i) Foreign corporations as defined in section 7701 of the 8,920
Internal Revenue Code; 8,921
(ii) Foreign partnerships as defined in section 7701 of 8,923
the Internal Revenue Code; 8,924
(iii) Corporations, partnerships, estates, and trusts 8,926
created or organized in or under the laws of the Commonwealth of 8,927
Puerto Rico or any possession of the United States; 8,928
(iv) Foreign estates and foreign trusts as defined in 8,930
section 7701 of the Internal Revenue Code. 8,931
The exclusions described in divisions (I)(12)(e)(i) to (iv) 8,933
of this section do not apply if the corporation, partnership, 8,934
estate, or trust is described in any one of divisions (C)(1) to 8,935
(5) of section 5733.042 of the Revised Code. 8,936
(f) Nothing in division (I)(12) of this section shall 8,938
require or permit a taxpayer to add any gains or deduct any 8,939
losses described in divisions (I)(12)(f)(i) and (ii) of this 8,940
section: 8,941
(i) Gains or losses recognized for federal income tax 8,943
purposes by an individual, estate, or trust without regard to the 8,944
attribution rules described in division (I)(12)(c) of this 8,945
section, and 8,946
(ii) A related entity's gains or losses described in 8,948
division (I)(12)(b) if the taxpayer's ownership of or use of such 8,949
intangible property was limited to a period not exceeding nine 8,950
months and was attributable to a transaction or a series of 8,951
transactions executed in accordance with the election or 8,952
elections made by the taxpayer or a related entity pursuant to 8,953
section 338 of the Internal Revenue Code. 8,954
(13) Any adjustment required by section 5733.042 of the 8,956
205
Revised Code. 8,957
(14) Add any amount claimed as a credit under section 8,960
5733.0611 of the Revised Code to the extent that such amount 8,963
satisfies either of the following:
(a) It was deducted or excluded from the computation of 8,965
the corporation's taxable income before operating loss deduction 8,967
and special deductions as required to be reported for the 8,968
corporation's taxable year under the Internal Revenue Code; 8,971
(b) It resulted in a reduction of the corporation's 8,973
taxable income before operating loss deduction and special 8,975
deductions as required to be reported for any of the 8,976
corporation's taxable years under the Internal Revenue Code. 8,979
(14)(15) Deduct the amount contributed by the taxpayer to 8,982
an individual development account program established by a county 8,983
department of human services pursuant to sections 329.11 to 8,984
329.14 of the Revised Code for the purpose of matching funds 8,987
deposited by program participants. On request of the tax 8,988
commissioner, the taxpayer shall provide any information that, in 8,989
the tax commissioner's opinion, is necessary to establish the 8,990
amount deducted under division (I)(14)(15) of this section. 8,991
(J) Any term used in this chapter has the same meaning as 8,993
when used in comparable context in the laws of the United States 8,994
relating to federal income taxes unless a different meaning is 8,995
clearly required. Any reference in this chapter to the Internal 8,996
Revenue Code includes other laws of the United States relating to 8,997
federal income taxes. 8,998
(K) "Financial institution" has the meaning given by 9,000
section 5725.01 of the Revised Code but does not include a 9,002
production credit association as described in 85 Stat. 597, 12 9,003
U.S.C.A. 2091. 9,005
(L)(1) A "qualifying holding company" is any corporation 9,008
satisfying all of the following requirements: 9,009
(a) Subject to divisions (L)(2) and (3) of this section, 9,012
the net book value of the corporation's intangible assets is 9,013
206
greater than or equal to ninety per cent of the net book value of 9,014
all of its assets and at least fifty per cent of the net book 9,015
value of all of its assets represents direct or indirect 9,016
investments in the equity of, loans and advances to, and accounts 9,018
receivable due from related members;
(b) At least ninety per cent of the corporation's gross 9,021
income for the taxable year is attributable to the following: 9,022
(i) The maintenance, management, ownership, acquisition, 9,024
use, and disposition of its intangible property, its aircraft the 9,026
use of which is not subject to regulation under 14 C.F.R. part 9,028
121 or part 135, and any real property described in division 9,029
(L)(2)(c) of this section; 9,031
(ii) The collection and distribution of income from such 9,034
property.
(c) The corporation is not a financial institution on the 9,037
last day of the taxable year ending prior to the first day of the 9,039
tax year;
(d) The corporation's related members make a good faith 9,042
and reasonable effort to make timely and fully the adjustments 9,043
required by division (C)(2) of section 5733.05 of the Revised 9,045
Code and to pay timely and fully all uncontested taxes, interest, 9,046
penalties, and other fees and charges imposed under this chapter; 9,047
(e) Subject to division (L)(4) of this section, the 9,050
corporation elects to be treated as a qualifying holding company 9,051
for the tax year. 9,052
A corporation otherwise satisfying divisions (L)(1)(a) to 9,056
(e) of this section that does not elect to be a qualifying 9,057
holding company is not a qualifying holding company for the 9,058
purposes of this chapter.
(2)(a)(i) For purposes of making the ninety per cent 9,061
computation under division (L)(1)(a) of this section, the net 9,064
book value of the corporation's assets shall not include the net 9,065
book value of aircraft or real property described in division 9,066
(L)(1)(b)(i) of this section. 9,068
207
(ii) For purposes of making the fifty per cent computation 9,071
under division (L)(1)(a) of this section, the net book value of 9,073
assets shall include the net book value of aircraft or real 9,074
property described in division (L)(1)(b)(i) of this section. 9,077
(b)(i) As used in division (L) of this section, 9,080
"intangible asset" includes, but is not limited to, the 9,081
corporation's direct interest in each pass-through entity only if 9,082
at all times during the corporation's taxable year ending prior 9,083
to the first day of the tax year the corporation's and the 9,084
corporation's related members' combined direct and indirect 9,085
interests in the capital or profits of such pass-through entity 9,086
do not exceed fifty per cent. If the corporation's interest in 9,087
the pass-through entity is an intangible asset for that taxable 9,088
year, then the distributive share of any income from the 9,089
pass-through entity shall be income from an intangible asset for 9,090
that taxable year.
(ii) If a corporation's and the corporation's related 9,093
members' combined direct and indirect interests in the capital or 9,094
profits of a pass-through entity exceed fifty per cent at any 9,095
time during the corporation's taxable year ending prior to the 9,096
first day of the tax year, "intangible asset" does not include 9,097
the corporation's direct interest in the pass-through entity, and 9,098
the corporation shall include in its assets its proportionate 9,099
share of the assets of any such pass-through entity and shall 9,100
include in its gross income its distributive share of the gross 9,101
income of such pass-through entity in the same form as was earned 9,102
by the pass-through entity. 9,103
(iii) A pass-through entity's direct or indirect 9,106
proportionate share of any other pass-through entity's assets 9,107
shall be included for the purpose of computing the corporation's 9,108
proportionate share of the pass-through entity's assets under 9,109
division (L)(2)(b)(ii) of this section, and such pass-through 9,111
entity's distributive share of any other pass-through entity's 9,112
gross income shall be included for purposes of computing the 9,113
208
corporation's distributive share of the pass-through entity's 9,114
gross income under division (L)(2)(b)(ii) of this section. 9,117
(c) For the purposes of divisions (L)(1)(b)(i), 9,120
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real 9,123
property is described in division (L)(2)(c) of this section only 9,125
if all of the following conditions are present at all times 9,126
during the taxable year ending prior to the first day of the tax 9,127
year:
(i) The real property serves as the headquarters of the 9,130
corporation's trade or business, or is the place from which the 9,131
corporation's trade or business is principally managed or 9,132
directed;
(ii) Not more than ten per cent of the value of the real 9,135
property and not more than ten per cent of the square footage of 9,136
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing, 9,137
acquiring, transferring, selling, or disposing of tangible 9,139
property or services in the normal course of business to persons 9,140
other than related members, the corporation's employees and their 9,141
families, and such related members' employees and their families. 9,142
(d) As used in division (L) of this section, "related 9,144
member" has the same meaning as in division (A)(6) of section 9,147
5733.042 of the Revised Code without regard to division (B) of 9,150
that section.
(3) The percentages described in division (L)(1)(a) of 9,154
this section shall be equal to the quarterly average of those 9,155
percentages as calculated during the corporation's taxable year 9,156
ending prior to the first day of the tax year. 9,157
(4) With respect to the election described in division 9,159
(L)(1)(e) of this section: 9,161
(a) The election need not accompany a timely filed report; 9,164
(b) The election need not accompany the report; rather, 9,166
the election may accompany a subsequently filed but timely 9,167
application for refund and timely amended report, or a 9,169
209
subsequently filed but timely petition for reassessment; 9,170
(c) The election is not irrevocable; 9,173
(d) The election applies only to the tax year specified by 9,176
the corporation;
(e) The corporation's related members comply with division 9,178
(L)(1)(d) of this section. 9,179
Nothing in division (L)(4) of this section shall be 9,182
construed to extend any statute of limitations set forth in this 9,183
chapter. 9,184
(M) "Qualifying controlled group" means two or more 9,187
corporations that satisfy the ownership and control requirements 9,188
of division (A) of section 5733.052 of the Revised Code. 9,191
(N) "Limited liability company" means any limited 9,193
liability company formed under Chapter 1705. of the Revised Code 9,195
or under the laws of any other state.
(O) "Pass-through entity" means a corporation that has 9,198
made an election under subchapter S of Chapter 1 of Subtitle A of 9,200
the Internal Revenue Code for its taxable year under that code, 9,203
or a partnership, limited liability company, or any other person, 9,204
other than an individual, trust, or estate, if the partnership, 9,205
limited liability company, or other person is not classified for 9,206
federal income tax purposes as an association taxed as a 9,207
corporation. 9,208
Sec. 5733.05. As used in this section, "qualified 9,217
research" means laboratory research, experimental research, and 9,218
other similar types of research; research in developing or 9,219
improving a product; or research in developing or improving the 9,220
means of producing a product. It does not include market 9,221
research, consumer surveys, efficiency surveys, management 9,222
studies, ordinary testing or inspection of materials or products 9,223
for quality control, historical research, or literary research. 9,224
"Product" as used in this paragraph does not include services or 9,225
intangible property. 9,226
The annual report determines the value of the issued and 9,229
210
outstanding shares of stock of the taxpayer, which under division 9,230
(A) or divisions (B) and (C) of this section is the base or 9,231
measure of the franchise tax liability. Such determination shall 9,232
be made as of the date shown by the report to have been the 9,233
beginning of the corporation's annual accounting period that 9,234
includes the first day of January of the tax year. For the 9,235
purposes of this chapter, the value of the issued and outstanding 9,237
shares of stock of any corporation that is a financial 9,239
institution shall be deemed to be the value as calculated in 9,241
accordance with division (A) of this section. For the purposes 9,243
of this chapter, the value of the issued and outstanding shares 9,244
of stock of any corporation that is not a financial institution 9,245
shall be deemed to be the values as calculated in accordance with 9,246
divisions (B) and (C) of this section. 9,247
(A) The total value, as shown by the books of the 9,249
financial institution, of its capital, surplus, whether earned or 9,251
unearned, undivided profits, and reserves shall be determined as 9,253
prescribed by section 5733.056 of the Revised Code for tax years 9,254
1998 and thereafter. 9,255
(B) The sum of the corporation's net income during the 9,257
corporation's taxable year, allocated or apportioned to this 9,259
state as prescribed in divisions (B)(1) and (2) of this section, 9,261
and subject to sections 5733.052, 5733.053, and 5733.057, AND 9,262
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 9,264
section 5733.051 of the Revised Code. 9,265
(2) The amount of Ohio apportioned net income from sources 9,267
other than those allocated under section 5733.051 of the Revised 9,268
Code, which shall be determined by multiplying the corporation's 9,269
net income by a fraction. The numerator of the fraction is the 9,271
sum of the following products: the property factor multiplied by 9,274
twenty, the payroll factor multiplied by twenty, and the sales 9,275
factor multiplied by sixty. The denominator of the fraction is 9,277
one hundred, provided that the denominator shall be reduced by 9,279
211
twenty if the property factor has a denominator of zero, by 9,281
twenty if the payroll factor has a denominator of zero, and by 9,282
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 9,284
determined as follows:
(a) The property factor is a fraction the numerator of 9,286
which is the average value of the corporation's real and tangible 9,287
personal property owned or rented, and used in the trade or 9,288
business in this state during the taxable year, and the 9,289
denominator of which is the average value of all the 9,290
corporation's real and tangible personal property owned or 9,291
rented, and used in the trade or business everywhere during such 9,292
year. There shall be excluded from the numerator and denominator 9,293
of the property factor the original cost of all of the following 9,294
property within Ohio: property with respect to which a 9,295
"pollution control facility" certificate has been issued pursuant 9,296
to section 5709.21 of the Revised Code; property with respect to 9,297
which an "industrial water pollution control certificate" has 9,298
been issued pursuant to section 6111.31 of the Revised Code; and 9,299
property used exclusively during the taxable year for qualified 9,300
research. 9,301
(i) Property owned by the corporation is valued at its 9,303
original cost. Property rented by the corporation is valued at 9,304
eight times the net annual rental rate. "Net annual rental rate" 9,305
means the annual rental rate paid by the corporation less any 9,306
annual rental rate received by the corporation from subrentals. 9,307
(ii) The average value of property shall be determined by 9,309
averaging the values at the beginning and the end of the taxable 9,310
year, but the tax commissioner may require the averaging of 9,311
monthly values during the taxable year, if reasonably required to 9,312
reflect properly the average value of the corporation's property. 9,313
(b) The payroll factor is a fraction the numerator of 9,315
which is the total amount paid in this state during the taxable 9,316
year by the corporation for compensation, and the denominator of 9,317
212
which is the total compensation paid everywhere by the 9,318
corporation during such year. There shall be excluded from the 9,319
numerator and the denominator of the payroll factor the total 9,320
compensation paid in this state to employees who are primarily 9,321
engaged in qualified research. 9,322
(i) Compensation means any form of remuneration paid to an 9,324
employee for personal services. 9,325
(ii) Compensation is paid in this state if: (1) the 9,327
recipient's service is performed entirely within this state, (2) 9,328
the recipient's service is performed both within and without this 9,329
state, but the service performed without this state is incidental 9,330
to the recipient's service within this state, (3) some of the 9,331
service is performed within this state and either the base of 9,332
operations, or if there is no base of operations, the place from 9,333
which the service is directed or controlled is within this state, 9,334
or the base of operations or the place from which the service is 9,335
directed or controlled is not in any state in which some part of 9,336
the service is performed, but the recipient's residence is in 9,337
this state. 9,338
(iii) Compensation is paid in this state to any employee 9,340
of a common or contract motor carrier corporation, who performs 9,341
the employee's regularly assigned duties on a motor vehicle in 9,343
more than one state, in the same ratio by which the mileage 9,344
traveled by such employee within the state bears to the total 9,345
mileage traveled by such employee everywhere during the taxable 9,346
year.
(c) The sales factor is a fraction the numerator of which 9,348
is the total sales in this state by the corporation during the 9,349
taxable year, and the denominator of which is the total sales by 9,350
the corporation everywhere during such year. In determining the 9,351
numerator and denominator of the sales factor, receipts from the 9,352
sale or other disposal of a capital asset or an asset described 9,353
in section 1231 of the Internal Revenue Code shall be eliminated. 9,354
Also, in determining the numerator and denominator of the sales 9,355
213
factor, in the case of a reporting corporation owning at least 9,356
eighty per cent of the issued and outstanding common stock of one 9,357
or more public utilities or insurance companies, or owning at 9,358
least twenty-five per cent of the issued and outstanding common 9,359
stock of one or more financial institutions, receipts received by 9,360
the reporting corporation from such utilities, insurance 9,361
companies, and financial institutions shall be eliminated. 9,362
For the purpose of this section and section 5733.03 of the 9,364
Revised Code, sales of tangible personal property are in this 9,365
state where such property is received in this state by the 9,366
purchaser. In the case of delivery of tangible personal property 9,367
by common carrier or by other means of transportation, the place 9,368
at which such property is ultimately received after all 9,369
transportation has been completed shall be considered as the 9,370
place at which such property is received by the purchaser. 9,371
Direct delivery in this state, other than for purposes of 9,372
transportation, to a person or firm designated by a purchaser 9,373
constitutes delivery to the purchaser in this state, and direct 9,374
delivery outside this state to a person or firm designated by a 9,375
purchaser does not constitute delivery to the purchaser in this 9,376
state, regardless of where title passes or other conditions of 9,377
sale. 9,378
Sales, other than sales of tangible personal property, are 9,380
in this state if either: 9,381
(i) The income-producing activity is performed solely in 9,383
this state; 9,384
(ii) The income-producing activity is performed both 9,386
within and without this state and a greater proportion of the 9,387
income-producing activity is performed within this state than in 9,389
any other state, based on costs of performance. 9,390
(d) If the allocation and apportionment provisions of 9,392
division (B) of this section do not fairly represent the extent 9,394
of the taxpayer's business activity in this state, the taxpayer 9,395
may request, which request must be in writing and must accompany 9,396
214
the report, timely filed petition for reassessment, or timely 9,397
filed amended report, or the tax commissioner may require, in 9,398
respect to all or any part of the taxpayer's allocated or 9,399
apportioned base, if reasonable, any one or more of the 9,400
following:
(i) Separate accounting; 9,402
(ii) The exclusion of any one or more of the factors; 9,404
(iii) The inclusion of one or more additional factors 9,406
which will fairly represent the taxpayer's allocated or 9,407
apportioned base in this state. 9,408
An alternative method will be effective only with approval 9,410
by the tax commissioner. 9,411
Nothing in this section shall be construed to extend any 9,413
statute of limitations set forth in this chapter. 9,414
(C)(1) Subject to divisions (C)(2) and (3) of this 9,417
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 9,418
book value of a corporation's assets less the net carrying value 9,420
of its liabilities. For the purposes of determining that total 9,421
value, any reserves shown on the corporation's books shall be 9,422
considered liabilities or contra assets except for any reserves
that are deemed appropriations of retained earnings under 9,423
generally accepted accounting principles. 9,424
(2)(a) If, on the last day of the taxpayer's taxable year 9,427
preceding the tax year, the taxpayer is a related member to a 9,428
corporation that elects to be a qualifying holding company for 9,429
the tax year beginning after the last day of the taxpayer's 9,430
taxable year, or if, on the last day of the taxpayer's taxable 9,431
year preceding the tax year, a corporation that elects to be a 9,432
qualifying holding company for the tax year beginning after the 9,433
last day of the taxpayer's taxable year is a related member to 9,434
the taxpayer, then the taxpayer's total value shall be adjusted 9,435
by the qualifying amount. Except as otherwise provided under 9,436
division (C)(2)(b) of this section, "qualifying amount" means the 9,437
215
amount that, when added to the taxpayer's total value, and when 9,439
subtracted from the net carrying value of the taxpayer's 9,440
liabilities computed without regard to division (C)(2) of this 9,442
section, or when subtracted from the taxpayer's total value and 9,444
when added to the net carrying value of the taxpayer's 9,445
liabilities computed without regard to division (C)(2) of this 9,447
section, results in the taxpayer's debt-to-equity ratio equaling 9,448
the debt-to-equity ratio of the qualifying controlled group on 9,449
the last day of the taxable year ending prior to the first day of 9,450
the tax year computed on a consolidated basis in accordance with 9,452
general accepted accounting principles. For the purposes of 9,453
division (C)(2)(a) of this section, the corporation's total 9,454
value, after the adjustment required by that division, shall not 9,455
exceed the net book value of the corporation's assets. 9,456
(b)(i) The amount added to the taxpayer's total value and 9,459
subtracted from the net carrying value of the taxpayer's 9,460
liabilities shall not exceed the amount of the net carrying value 9,461
of the taxpayer's liabilities owed to the taxpayer's related 9,463
members.
(ii) A liability owed to the taxpayer's related members 9,465
includes, but is not limited to, any amount that the corporation 9,467
owes to a person that is not a related member if the 9,468
corporation's related member or related members in whole or in 9,469
part guarantee any portion or all of that amount, or pledge, 9,470
hypothecate, mortgage, or carry out any similar transactions to 9,471
secure any portion or all of that amount. 9,472
(3) The base upon which the tax is levied under division 9,474
(C) of section 5733.06 of the Revised Code shall be computed by 9,476
multiplying the amount determined under divisions (C)(1) and (2) 9,478
of this section by the fraction determined under divisions 9,479
(B)(2)(a) to (c) of this section and, if applicable, divisions 9,482
(B)(2)(d)(ii) to (iv) of this section but without regard to 9,484
section 5733.052 of the Revised Code. 9,485
(4) For purposes of division (C) of this section, "related 9,489
216
member" has the same meaning as in division (A)(6) of section 9,490
5733.042 of the Revised Code without regard to division (B) of 9,491
that section.
Sec. 5733.057. In AS USED IN THIS SECTION, "ADJUSTED 9,500
QUALIFYING AMOUNT" HAS THE SAME MEANING AS IN SECTION 5733.40 OF 9,501
THE REVISED CODE.
EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (A) AND (B) OF 9,503
SECTION 5733.401 AND IN SECTIONS 5733.058 AND 5747.401 OF THE 9,504
REVISED CODE, IN making any computation under sections 5733.042, 9,506
5733.05, 5733.051, 5733.052, and 5733.053, 5733.40, 5733.41, 9,507
5747.41, AND 5747.43 of the Revised Code, a corporation EACH 9,509
PERSON shall include in its THAT PERSON'S items of ADJUSTED 9,510
QUALIFYING AMOUNTS, allocable income or loss, IF ANY, 9,511
apportionable income or loss, property, compensation, and sales, 9,513
the corporation's PERSON'S entire distributive share or 9,514
proportionate share of the items of ADJUSTED QUALIFYING AMOUNTS, 9,516
allocable income or loss, apportionable income or loss, property, 9,518
compensation, and sales of any pass-through entity in which the
corporation PERSON has a direct or indirect ownership interest at 9,520
any time during the corporation's PERSON'S taxable year. A 9,521
pass-through entity's direct or indirect distributive share or 9,522
proportionate share of any other pass-through entity's items of 9,523
ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, 9,525
apportionable income or loss, property, compensation, and sales 9,526
shall be included for the purposes of computing the corporation's 9,527
PERSON'S distributive share or proportionate share of the 9,528
pass-through entity's items of ADJUSTED QUALIFYING AMOUNTS, 9,529
allocable income or loss, apportionable income or loss, property, 9,531
compensation, and sales under this section. Those items shall be 9,532
in the same form as was recognized by the pass-through entity. 9,533
Sec. 5733.058. (A) AS USED IN THIS SECTION, AN "EXEMPTED 9,535
INVESTMENT" IS A DIRECT OR INDIRECT INVESTMENT IN THE EQUITY OF, 9,536
OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PERSON SATISFYING 9,537
DIVISIONS (A)(1) AND (2) OF THIS SECTION FOR THE PERSON'S ENTIRE 9,538
217
FISCAL OR CALENDAR YEAR ENDING WITHIN OR WITH THE CORPORATION'S 9,539
TAXABLE YEAR ENDING IMMEDIATELY PRIOR TO THE TAX YEAR. 9,540
(1) THE PERSON IS A LIMITED LIABILITY COMPANY NOT TREATED 9,542
AS A SEPARATE C CORPORATION FOR FEDERAL INCOME TAX PURPOSES, OR 9,543
THE PERSON IS A PASS-THROUGH ENTITY. 9,544
(2) THE PERSON OWNS AND OPERATES A PUBLIC UTILITY IN THIS 9,546
STATE AND AS SUCH IS REQUIRED BY LAW TO FILE REPORTS WITH THE TAX 9,547
COMMISSIONER AND PAY AN EXCISE TAX UPON ITS GROSS RECEIPTS. 9,548
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 9,550
EACH CORPORATION DIRECTLY OR INDIRECTLY OWNING OR DIRECTLY OR 9,551
INDIRECTLY HAVING AN EQUITY INVESTMENT IN AN EXEMPTED INVESTMENT 9,552
SHALL MAKE THE ADJUSTMENTS REQUIRED BY DIVISIONS (B)(1) TO (4) OF 9,553
THIS SECTION.
(1) THE CORPORATION SHALL DEDUCT FROM ITS NET INCOME THE 9,555
DISTRIBUTIVE SHARE OF NET INCOME AND GAIN ATTRIBUTABLE TO THE 9,556
CORPORATION'S EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH 9,557
NET INCOME AND GAIN ARE INCLUDED IN THE CORPORATION'S NET INCOME 9,558
WITHOUT REGARD TO THIS SECTION.
(2) THE CORPORATION SHALL ADD TO ITS NET INCOME THE 9,560
DISTRIBUTIVE SHARE OF EXPENSES AND LOSSES ATTRIBUTABLE TO THE 9,561
EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH EXPENSES AND 9,562
LOSSES HAVE BEEN DEDUCTED IN CALCULATING THE CORPORATION'S NET 9,563
INCOME WITHOUT REGARD TO THIS SECTION.
(3)(a) THE CORPORATION SHALL EXCLUDE FROM THE CALCULATION 9,565
OF ITS PROPERTY, PAYROLL, AND SALES FACTORS, AS DEFINED IN 9,566
DIVISIONS (B)(2)(a) TO (c) OF SECTION 5733.05 OF THE REVISED 9,568
CODE, THE CORPORATION'S PROPORTIONATE SHARE OF THE PROPERTY,
PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT, BUT 9,569
ONLY TO THE EXTENT THE CORPORATION'S PROPORTIONATE SHARE OF THE 9,570
PROPERTY, PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED 9,571
INVESTMENT WOULD BE INCLUDED IN THE CALCULATION OF THE 9,573
CORPORATION'S PROPERTY, PAYROLL, AND SALES FACTORS UNDER SECTION
5733.057 OF THE REVISED CODE WITHOUT REGARD TO THIS SECTION. 9,574
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 9,577
218
DIVISION (B)(2)(d) OF SECTION 5733.05 OF THE REVISED CODE. 9,578
(4) NOTWITHSTANDING SECTION 5733.98 OF THE REVISED CODE TO 9,580
THE CONTRARY, A CORPORATION SHALL NOT BE ALLOWED ANY 9,581
NONREFUNDABLE CREDIT OR NONREFUNDABLE CREDIT CARRYFORWARD LISTED 9,582
IN THAT SECTION TO THE EXTENT THE CREDIT IS ATTRIBUTABLE TO THE 9,583
CORPORATION'S DIRECT OR INDIRECT OWNERSHIP OF OR EQUITY
INVESTMENT IN AN EXEMPTED INVESTMENT AND SUCH CREDIT DIRECTLY 9,584
RELATES TO THE OWNING AND OPERATING OF A PUBLIC UTILITY IN THIS 9,585
STATE BY A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS 9,586
SECTION.
(C)(1) THE ADJUSTMENTS PROVIDED BY DIVISION (B) OF THIS 9,588
SECTION SHALL BE ALLOWED AND REQUIRED ONLY TO THE EXTENT THAT 9,589
SUCH ADJUSTMENTS DIRECTLY RELATE TO THE OWNING AND OPERATING OF A 9,590
PUBLIC UTILITY IN THIS STATE BY A PERSON DESCRIBED IN DIVISIONS 9,591
(A)(1) AND (2) OF THIS SECTION.
(2) TO THE EXTENT THAT ANY GROSS RECEIPTS OF A PERSON 9,593
DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION ARE NOT FOR 9,594
BUSINESS DONE BY SUCH PERSON FROM THE DIRECT OR INDIRECT 9,595
OPERATION OF, OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PUBLIC 9,596
UTILITY IN THIS STATE, THEN SUCH GROSS RECEIPTS AND RELATED 9,597
PROPERTY AND PAYROLL SHALL NOT BE SUBJECT TO THE ADJUSTMENT 9,598
OTHERWISE PROVIDED BY DIVISION (B) OF THIS SECTION.
(3) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 9,600
CORPORATION, AND SECTION 5733.057 OF THE REVISED CODE SHALL APPLY 9,601
TO THE CORPORATION'S COMPUTATION OF ITS NET INCOME, ITS PROPERTY, 9,602
PAYROLL, AND SALES FACTORS, AND ITS CREDITS TO THE EXTENT THAT 9,603
THE PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION 9,604
DIRECTLY OR INDIRECTLY OWNS OR DIRECTLY OR INDIRECTLY HAS AN 9,606
EQUITY INVESTMENT IN ANY OTHER PERSON DESCRIBED IN DIVISION 9,607
(A)(1) OF THIS SECTION BUT NOT DESCRIBED IN DIVISION (A)(2) OF 9,608
THIS SECTION.
(D) SECTION 5733.057 OF THE REVISED CODE APPLIES FOR 9,610
PURPOSES OF THE OWNERSHIP AND INVESTMENT CRITERIA SET FORTH IN 9,611
THIS SECTION.
219
(E) THIS SECTION IS EFFECTIVE FOR TAXABLE YEARS ENDING 9,613
AFTER SEPTEMBER 28, 1997. 9,614
Sec. 5733.0611. (A) There is hereby allowed a 9,623
nonrefundable credit against the tax imposed under section 9,624
5733.06 of the Revised Code. The credit shall be equal to the 9,625
taxpayer's proportionate share of the lesser of either the tax 9,626
due or the tax paid by any qualifying entity under section 9,627
5733.41 of the Revised Code for the qualifying taxable year of 9,628
the qualifying entity that ends in the taxable year of the 9,629
taxpayer. The taxpayer shall claim the credit for the taxpayer's 9,630
taxable year in which ends the qualifying entity's qualifying 9,631
taxable year.
In claiming the credit and determining its proportionate 9,634
share of the tax due and the tax paid by the qualifying entity, 9,635
the person claiming the credit shall follow the concepts set 9,636
forth in subchapter K of the Internal Revenue Code. Nothing in 9,637
this division shall be construed to limit or disallow 9,638
pass-through treatment of a pass-through entity's income, 9,639
deductions, credits, or other amounts necessary to compute the 9,640
tax imposed and the credits allowed under this chapter.
The credit shall be claimed in the order required under 9,642
section 5733.98 of the Revised Code. Any unused credit shall be 9,644
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 9,646
the balance carried forward to the next ensuing tax year.
(B) Any person that is not a taxpayer solely by reason of 9,648
division (A) or (C) of section 5733.09 of the Revised Code OR A 9,649
PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL REVENUE CODE 9,651
OR DIVISION (F) OF SECTION 3334.01 OF THE REVISED CODE, but that 9,652
would be entitled to claim the nonrefundable credit under this 9,653
section if that person were a taxpayer, may file an application 9,654
for refund pursuant to section 5733.12 of the Revised Code. Upon 9,655
proper application for refund under that section, the tax
commissioner shall issue a refund in the amount of the credit to 9,656
220
which that person would have been entitled under division (A)(1) 9,658
of this section had IF the person HAD been a taxpayer, and as if 9,659
the credit were a refundable credit. 9,660
(C) If AN ORGANIZATION DESCRIBED IN SECTION 401(a) OF THE 9,662
INTERNAL REVENUE CODE OR a trust or fund is entitled to a 9,664
proportionate share of the lesser of either the tax due or the 9,665
tax paid by any qualifying entity under section 5733.41 of the 9,666
Revised Code, and if that proportionate share is then OR COULD BE 9,667
allocable to an exempt person as defined in division (D) of this 9,668
section, then the qualifying ORGANIZATION, trust, or fund may 9,670
file an application for refund with respect to such allocable 9,671
amounts pursuant to section 5733.12 of the Revised Code. Upon 9,672
proper application for refund under that section, the tax 9,673
commissioner shall issue a refund in the amount of the credit to 9,674
which the qualifying ORGANIZATION, trust, or fund would have been 9,676
entitled under division (A)(1) of this section had the 9,677
ORGANIZATION, trust, or fund been a taxpayer, and as if the 9,678
credit were a refundable credit. To the extent that a SUCH AN 9,679
ORGANIZATION, trust, or fund is permitted to apply for a refund 9,681
under this division, or to the extent that a SUCH AN 9,682
ORGANIZATION, trust, or fund has applied for such a refund, 9,683
exempt persons are not entitled to the credit authorized under 9,684
this section or section 5747.059 of the Revised Code. 9,686
(D)(1) For the purposes of division (C) of this section 9,688
only, "exempt person" means any of the following: 9,689
(a) A person that is or may be the beneficiary of a trust 9,691
if the trust is subject to Subchapter D of Chapter 1 of Subtitle 9,692
A of the Internal Revenue Code. 9,693
(b) A person that is or may be the beneficiary of or the 9,696
recipient of payments from a nuclear decommissioning reserve 9,697
fund, a designated settlement fund, or any other trust or fund 9,698
established to resolve and satisfy claims that may otherwise be 9,699
asserted by the beneficiary or a member of the beneficiary's 9,700
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the 9,701
221
Internal Revenue Code apply to the determination of whether such 9,702
a person is an exempt person under division (D) of this section. 9,703
(c) A person, OTHER THAN A PERSON THAT IS TREATED AS A C 9,705
CORPORATION FOR FEDERAL INCOME TAX PURPOSES, who is or may be the 9,706
beneficiary of a trust that, under its governing instrument, is 9,707
not required to distribute all of its income currently. Division 9,709
(D)(1)(c) of this section applies only if the trust irrevocably 9,710
agrees that for the taxable year during or for which the trust 9,711
distributes any of its income to any of the beneficiaries, the 9,712
trust is a qualifying trust AS DEFINED IN SECTION 5733.40 OF THE 9,713
REVISED CODE and will pay the estimated tax, and will withhold 9,715
and pay the withheld tax as required under SECTION 5733.41 AND 9,716
sections 5747.40 to 5747.453 of the Revised Code. 9,717
(2) An exempt person does not include any person that 9,719
would not qualify as an exempt person under the doctrines of 9,720
"economic reality," "sham transaction," "step doctrine," or 9,721
"substance over form." A NOTWITHSTANDING SECTIONS 5733.111 AND 9,722
5747.131 OF THE REVISED CODE TO THE CONTRARY, AN ORGANIZATION, 9,723
trust, or fund described in division (C) of this section bears 9,726
the burden of establishing by a preponderance of the evidence 9,727
that any transaction giving rise to a claim for a refundable 9,728
credit under this section does not have as a principal purpose a 9,729
claim for that credit. Nothing in this section shall be 9,730
construed to limit solely to this section the application of the 9,731
doctrines referred to in division (D)(2) of this section. 9,733
(e)(E) Nothing in this section shall be construed to allow 9,736
a refund more than once with respect to the taxes imposed under 9,737
section 5733.41 or 5747.41 of the Revised Code. 9,738
Sec. 5733.12. (A) Four and two-tenths per cent of all 9,747
payments received by the treasurer of state from the taxes 9,748
imposed under sections 5733.06 and 5733.41 of the Revised Code 9,749
shall be credited to the local government fund for distribution 9,750
in accordance with section 5747.50 of the Revised Code, 9,751
six-tenths of one per cent shall be credited to the local 9,753
222
government revenue assistance fund for distribution in accordance
with section 5747.61 of the Revised Code, and ninety-five and 9,755
two-tenths per cent shall be credited to the general revenue 9,756
fund.
(B) Except as otherwise provided under divisions (C) and 9,758
(D) of this section, an application to refund to the corporation 9,760
the amount of taxes imposed under section 5733.06 of the Revised 9,761
Code that are overpaid, paid illegally or erroneously, or paid on 9,762
any illegal, erroneous, or excessive assessment, with interest 9,763
thereon as provided by section 5733.26 of the Revised Code, shall 9,764
be filed with the tax commissioner, on the form prescribed by the 9,766
commissioner, within three years from the date of the illegal, 9,767
erroneous, or excessive payment of the tax, or within any
additional period allowed by division (C)(2) of section 5733.031, 9,768
division (D)(2) of section 5733.067, or division (A) of section 9,769
5733.11 of the Revised Code. 9,770
On the filing of the refund application, the commissioner 9,772
shall determine the amount of refund due and certify such amount 9,773
to the director of budget and management and treasurer of state 9,774
for payment from the tax refund fund created by section 5703.052 9,775
of the Revised Code. 9,776
(C) "Ninety days" shall be substituted for "three years" 9,779
in division (B) of this section if the taxpayer satisfies both of 9,780
the following: 9,781
(1) The taxpayer has applied for a refund based in whole 9,783
or in part upon section 5733.0611 of the Revised Code; 9,784
(2) The taxpayer asserts that the imposition or collection 9,786
of the tax imposed or charged by section 5733.06 of the Revised 9,787
Code or any portion of such tax violates the Constitution of the 9,788
United States or the Constitution of this state. 9,789
(D)(1) Division (D)(2) of this section applies only if all 9,792
of the following conditions are satisfied:
(a) A qualifying pass-through entity pays an amount of the 9,795
tax imposed by section 5733.41 of the Revised Code; 9,796
223
(b) The taxpayer is a qualifying investor as to that 9,798
qualifying pass-through entity; 9,799
(c) The taxpayer did not claim the credit provided for in 9,801
section 5733.0611 of the Revised Code as to the tax described in 9,802
division (D)(1)(a) of this section; 9,803
(d) The three-year period described in division (B) of 9,806
this section has ended as to the taxable year for which the
taxpayer otherwise would have claimed that credit. 9,807
(2) A taxpayer shall file an application for refund 9,809
pursuant to this division within one year after the date the 9,810
payment described in division (D)(1)(a) of this section is made. 9,812
An application filed under this division shall only claim refund 9,813
of overpayments resulting from the taxpayer's failure to claim 9,814
the credit described in division (D)(1)(c) of this section. 9,816
Nothing in this division shall be construed to relieve a taxpayer 9,817
from complying with the provisions of division (I)(13)(14) of 9,818
section 5733.04 of the Revised Code.
Sec. 5733.40. As used in sections 5733.40 and 5733.41 and 9,827
Chapter 5747. of the Revised Code: 9,828
(A)(1) "Adjusted qualifying amount" means either of the 9,830
following:
(a) The net sum of a qualifying investor's distributive 9,832
share of the income, gain, expense, or loss of a qualifying 9,833
pass-through entity for the qualifying taxable year of the 9,834
qualifying pass-through entity multiplied by the apportionment 9,835
fraction defined in division (B) of this section, subject to 9,836
SECTION 5733.401 OF THE REVISED CODE AND divisions (A)(2) to (6) 9,837
of this section; 9,838
(b) The sum of a qualifying beneficiary's share of the 9,840
qualifying net income and qualifying net gain distributed by a 9,841
qualifying trust for the qualifying taxable year of the 9,842
qualifying trust multiplied by the apportionment fraction defined 9,843
in division (B) of this section, subject to SECTION 5733.401 OF 9,844
THE REVISED CODE AND divisions (A)(2) to (5) of this section. 9,845
224
(2) The sum shall exclude any amount which, pursuant to 9,847
the Constitution of the United States, the Constitution of Ohio, 9,848
or any federal law is not subject to a tax on or measured by net 9,849
income.
(3) The sum shall be increased by all amounts representing 9,851
expenses other than amounts described in division (A)(6) of this 9,853
section that the taxpayer paid to or incurred with respect to 9,854
direct or indirect transactions with one or more related members, 9,855
excluding the cost of goods sold calculated in accordance with 9,856
section 263A of the Internal Revenue Code and United States 9,857
department of the treasury regulations issued thereunder.
Nothing in division (A)(3) of this section shall be construed to 9,858
limit solely to this chapter the application of section 263A of 9,859
the Internal Revenue Code and United States department of the 9,860
treasury regulations issued thereunder.
(4) The sum shall be increased by all recognized losses, 9,862
other than losses from sales of inventory the cost of which is 9,863
calculated in accordance with section 263A of the Internal 9,864
Revenue Code and United States department of the treasury 9,865
regulations issued thereunder, with respect to all direct or 9,866
indirect transactions with one or more related members. Losses
from the sales of such inventory shall be calculated in 9,867
accordance with section 482 of the Internal Revenue Code and 9,868
United States department of the treasury regulations issued 9,869
thereunder. Nothing in division (A)(4) of this section shall be 9,870
construed to limit solely to this section the application of
section 236A and section 482 of the Internal Revenue Code and 9,871
United States department of the treasury regulations issued 9,872
thereunder.
(5) The sum shall be computed without regard to section 9,874
5733.051 or division (D) of section 5733.052 of the Revised Code. 9,875
(6) For the purposes of Chapters 5733. and 5747. of the 9,877
Revised Code, guaranteed payments made by a partnership or by a 9,878
limited liability company that is not subject to the tax imposed 9,879
225
by section 5733.06 of the Revised Code, and compensation paid by 9,880
an S corporation to its shareholders, shall be considered a 9,881
distributive share of income of the partnership, limited 9,882
liability company, or S corporation. Division (A)(6) of this 9,883
section applies only to such payments or such compensation made
or paid to a qualifying investor who is a related member to or of 9,884
the qualifying entity. 9,885
(B) "Apportionment fraction" means: 9,887
(1) With respect to a qualifying pass-through entity other 9,890
than a financial institution, the fraction calculated pursuant to 9,891
division (B)(2) of section 5733.05 of the Revised Code as if the 9,892
qualifying pass-through entity were a corporation subject to the 9,893
tax imposed by section 5733.06 of the Revised Code;
(2) With respect to a qualifying pass-through entity that 9,895
is a financial institution, the fraction calculated pursuant to 9,896
DIVISION (C) OF section 5133.056 5733.056 of the Revised Code as 9,898
if the qualifying pass-through entity were a financial
institution subject to the tax imposed by section 5733.06 of the 9,899
Revised Code.
(3) With respect to a qualifying trust, the fraction 9,901
calculated pursuant to division (B)(2) of section 5733.05 of the 9,902
Revised Code as if the qualifying trust were a corporation 9,903
subject to the tax imposed by section 5733.06 of the Revised 9,904
Code, except that the property, payroll, and sales fractions 9,905
shall be calculated by including in the numerator and denominator 9,906
of the fractions only the property, payroll, and sales, 9,907
respectively, directly related to the production of income or 9,908
gain from acquisition, ownership, use, maintenance, management, 9,909
or disposition of tangible personal property located in this 9,910
state at any time during the qualifying trust's qualifying 9,911
taxable year or of real property located in this state. 9,912
(C) "Qualifying beneficiary" means any individual that, 9,914
during the qualifying taxable year of a qualifying trust, is a 9,915
beneficiary of that trust, but does not include an individual who 9,916
226
is a resident taxpayer for the purposes of Chapter 5747. of the 9,917
Revised Code for the entire qualifying taxable year of the 9,918
qualifying trust.
(D) "Fiscal year" means an accounting period ending on any 9,920
day other than the thirty-first day of December. 9,921
(E) "Individual" means a natural person. 9,923
(F) "Month" means a calendar month. 9,925
(G) "Partnership" has the same meaning as in section 9,927
5747.01 of the Revised Code. 9,928
(H) "Investor" means any person that, during any portion 9,930
of a taxable year of a qualifying pass-through entity, is a 9,931
partner, member, shareholder, or investor in that qualifying 9,932
pass-through entity.
(I) "Qualifying EXCEPT AS OTHERWISE PROVIDED IN SECTION 9,934
5733.402 OR 5747.401 OF THE REVISED CODE, "QUALIFYING investor" 9,935
means any investor except those described in divisions (I)(1) to 9,936
(9) of this section.
(1) An investor satisfying one of the descriptions under 9,938
section 501(a) OR (c) of the Internal Revenue Code, AN ELECTING 9,940
SMALL BUSINESS TRUST, A PARTNERSHIP WITH EQUITY SECURITIES 9,941
REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE 9,942
COMMISSION UNDER SECTION 12 OF THE "SECURITIES EXCHANGE ACT OF 9,943
1934," AS AMENDED, OR AN INVESTOR DESCRIBED IN division (F) of 9,944
section 3334.01, or division (A) or (C) of section 5733.09 of the 9,945
Revised Code for the entire qualifying taxable year of the 9,947
qualifying pass-through entity.
(2) An investor who is EITHER an individual OR AN ESTATE 9,949
and IS a resident taxpayer for the purposes of section 5747.01 of 9,951
the Revised Code for the entire qualifying taxable year of the 9,952
qualifying pass-through entity.
(3) An investor who is an individual for whom the 9,954
qualifying pass-through entity makes a good faith and reasonable 9,955
effort to comply fully and timely with the filing and payment 9,956
requirements set forth in division (D) of section 5747.08 of the 9,957
227
Revised Code and section 5747.09 of the Revised Code with respect 9,958
to the individual's adjusted qualifying amount for the entire 9,959
qualifying taxable year of the qualifying pass-through entity. 9,960
(4) An investor that is another qualifying pass-through 9,962
entity having only investors described in division (I)(1), (2), 9,964
(3), or (6) of this section during the three-year period
beginning twelve months prior to the first day of the qualifying 9,965
taxable year of the qualifying pass-through entity. 9,966
(5) An investor that is another pass-through entity having 9,969
no investors other than individuals and estates during the 9,970
qualifying taxable year of the qualifying pass-through entity in 9,971
which it is an investor, and that makes a good faith and 9,972
reasonable effort to comply fully and timely with the filing and 9,973
payment requirements set forth in division (D) of section 5747.08 9,974
of the Revised Code and section 5747.09 of the Revised Code with 9,976
respect to investors that are not resident taxpayers of this
state for the purposes of Chapter 5747. of the Revised Code for 9,978
the entire qualifying taxable year of the qualifying pass-through 9,979
entity in which it is an investor. 9,980
(6) An investor that is a financial institution required 9,982
to calculate the tax in accordance with division (D) of section 9,983
5733.06 of the Revised Code on the first day of January of the 9,984
calendar year immediately following the last day of the financial 9,986
institution's calendar or fiscal year in which ends the
taxpayer's taxable year. 9,987
(7) An investor other than an individual that satisfies 9,989
all the following: 9,990
(a) The investor submits a written statement to the 9,992
qualifying pass-through entity stating that the investor 9,993
irrevocably agrees that the investor has nexus with this state 9,994
under the Constitution of the United States and is subject to and 9,996
liable for the tax calculated under division (B) of section 9,997
5733.06 of the Revised Code with respect to the investor's 9,998
adjusted qualifying amount for the entire qualifying taxable year 9,999
228
of the qualifying pass-through entity. The statement is subject 10,000
to the penalties of perjury, shall be retained by the qualifying 10,001
pass-through entity for no fewer than seven years, and shall be 10,002
delivered to the tax commissioner upon request. 10,003
(b) The investor makes a good faith and reasonable effort 10,005
to comply timely and fully with all the reporting and payment 10,006
requirements set forth in Chapter 5733. of the Revised Code with 10,007
respect to the investor's adjusted qualifying amount for the 10,008
entire qualifying taxable year of the qualifying pass-through 10,009
entity.
(c) Neither the investor nor the qualifying pass-through 10,011
entity in which it is an investor, before, during, or after the 10,012
qualifying pass-through entity's qualifying taxable year, carries 10,014
out any transaction or transactions with one or more related
members of the investor or the qualifying pass-through entity 10,015
resulting in a reduction or deferral of tax imposed by Chapter 10,016
5733. of the Revised Code with respect to all or any portion of 10,017
the investor's adjusted qualifying amount for the qualifying 10,018
pass-through entity's taxable year, or that constitute a sham, 10,020
lack economic reality, or are part of a series of transactions 10,021
the form of which constitutes a step transaction or transactions 10,022
or does not reflect the substance of those transactions.
(8) Any other investor that the tax commissioner may 10,024
designate by rule. The tax commissioner may adopt rules 10,025
including a rule defining "qualifying investor" or "qualifying 10,026
beneficiary" and governing the imposition of the withholding tax 10,028
imposed by section 5747.41 of the Revised Code with respect to an 10,029
individual who is a resident taxpayer for the purposes of Chapter 10,030
5747. of the Revised Code for only a portion of the qualifying 10,031
taxable year of the qualifying entity. 10,032
(9) An investor that is a trust or fund the beneficiaries 10,034
of which, during the qualifying taxable year of the qualifying 10,035
pass-through entity, are limited to the following: 10,036
(a) A person that is or may be the beneficiary of a trust 10,038
229
subject to Subchapter D of Chapter 1 of Subtitle A of the 10,039
Internal Revenue Code.
(b) A person that is or may be the beneficiary of or the 10,042
recipient of payments from a trust or fund that is a nuclear 10,043
decommissioning reserve fund, a designated settlement fund, or 10,044
any other trust or fund established to resolve and satisfy claims 10,045
that may otherwise be asserted by the beneficiary or a member of 10,046
the beneficiary's family. Sections 267(c)(4), 468A(e), and 10,047
468B(d)(2) of the Internal Revenue Code apply to the
determination of whether such a person satisfies division (I)(9) 10,048
of this section. 10,049
(c) A person who is or may be the beneficiary of a trust 10,051
that, under its governing instrument, is not required to 10,052
distribute all of its income currently. Division (I)(9)(c) of 10,053
this section applies only if the trust, prior to the due date for 10,054
filing the qualifying pass-through entity's return for taxes 10,055
imposed by section 5733.41 and sections 5747.41 to 5747.453 of
the Revised Code, irrevocably agrees in writing that for the 10,056
taxable year during or for which the trust distributes any of its 10,057
income to any of its beneficiaries, the trust is a qualifying 10,058
trust and will pay the estimated tax, and will withhold and pay 10,059
the withheld tax, as required under sections 5747.40 to 5747.453 10,060
of the Revised Code.
For the purposes of division (I)(9) of this section, a 10,063
trust or fund shall be considered to have a beneficiary other 10,064
than persons described under divisions (I)(9)(a) to (c) of this 10,065
section if a beneficiary would not qualify under those divisions 10,066
under the doctrines of "economic reality," "sham transaction," 10,067
"step doctrine," or "substance over form." A trust or fund 10,068
described in division (I)(9) of this section bears the burden of 10,069
establishing by a preponderance of the evidence that any 10,070
transaction giving rise to the tax benefits provided under 10,071
division (I)(9) of this section does not have as a principal
purpose a claim of those tax benefits. Nothing in this section 10,072
230
shall be construed to limit solely to this section the 10,073
application of the doctrines referred to in this paragraph. 10,074
(J) "Qualifying net gain" means any recognized net gain 10,076
with respect to the acquisition, ownership, use, maintenance, 10,077
management, or disposition of tangible personal property located 10,078
in this state at any time during a trust's qualifying taxable 10,079
year or real property located in this state. 10,080
(K) "Qualifying net income" means any recognized income, 10,082
net of related deductible expenses, other than distributions 10,083
deductions with respect to the acquisition, ownership, use, 10,085
maintenance, management, or disposition of tangible personal
property located in this state at any time during the trust's 10,087
qualifying taxable year or real property located in this state. 10,088
(L) "Qualifying entity" means a qualifying pass-through 10,090
entity or a qualifying trust. 10,091
(M) "Qualifying trust" means a trust subject to subchapter 10,093
J of the Internal Revenue Code that, during any portion of the 10,095
trust's qualifying taxable year, has income or gain from the 10,096
acquisition, management, ownership, use, or disposition of 10,097
tangible personal property located in this state at any time 10,098
during the trust's qualifying taxable year or real property 10,099
located in this state. "Qualifying trust" does not include a 10,100
person described in section 501(c) of the Internal Revenue Code
or a person described in division (C) of section 5733.09 of the 10,101
Revised Code.
(N) "Qualifying pass-through entity" means a pass-through 10,103
entity as defined in section 5733.04 of the Revised Code, 10,104
excluding a person described in section 501(c) of the Internal 10,106
Revenue Code, a partnership with equity securities registered
with the United States securities and exchange commission under 10,107
section 12 of the Securities Exchange Act of 1934, as amended, or 10,108
a person described in division (C) of section 5733.09 of the 10,109
Revised Code.
(O) "Quarter" means the first three months, the second 10,111
231
three months, the third three months, or the last three months of 10,112
a qualifying entity's qualifying taxable year. 10,113
(P) "Related member" has the same meaning as in division 10,115
(A)(6) of section 5733.042 of the Revised Code without regard to 10,116
division (B) of that section. However, for the purposes of 10,117
divisions (A)(3) and (4) of this section only, "related member" 10,118
has the same meaning as in division (A)(6) of section 5733.042 of 10,119
the Revised Code without regard to division (B) of that section, 10,120
but shall be applied by substituting "forty per cent" for "twenty 10,121
per cent" wherever "twenty per cent" appears in division (A) of 10,122
that section.
(Q) "Return" or "report" means the notifications and 10,124
reports required to be filed pursuant to sections 5747.42 to 10,125
5747.45 of the Revised Code for the purpose of reporting the tax 10,126
imposed under section 5733.41 or 5747.41 of the Revised Code, and 10,127
included declarations of estimated tax when so required. 10,128
(R) "Qualifying taxable year" means the calendar year or 10,130
the qualifying entity's fiscal year ending during the calendar 10,131
year, or fractional part thereof, for which the adjusted 10,132
qualifying amount is calculated pursuant to sections 5733.40 and 10,133
5733.41 or sections 5747.40 to 5747.453 of the Revised Code. 10,134
Sec. 5733.401. (A) AS USED IN THIS SECTION: 10,137
(1) "INVESTMENT PASS-THROUGH ENTITY" MEANS A PASS-THROUGH 10,139
ENTITY HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST NINETY PER 10,141
CENT OF ITS GROSS INCOME FROM TRANSACTION FEES IN CONNECTION WITH 10,142
THE ACQUISITION, OWNERSHIP, OR DISPOSITION OF INTANGIBLE
PROPERTY, LOAN FEES, FINANCING FEES, CONSENT FEES, WAIVER FEES, 10,143
APPLICATION FEES, NET MANAGEMENT FEES, DIVIDEND INCOME, INTEREST 10,144
INCOME, NET CAPITAL GAINS FROM THE SALE OR EXCHANGE OF INTANGIBLE 10,146
PROPERTY, OR DISTRIBUTIVE SHARES OF INCOME FROM PASS-THROUGH 10,147
ENTITIES; AND HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST 10,148
NINETY PER CENT OF THE NET BOOK VALUE OF ITS ASSETS REPRESENTED 10,149
BY INTANGIBLE ASSETS. SUCH PERCENTAGES SHALL BE THE QUARTERLY 10,150
AVERAGE OF THOSE PERCENTAGES AS CALCULATED DURING THE 10,151
232
PASS-THROUGH ENTITY'S TAXABLE YEAR. 10,152
(2) "NET MANAGEMENT FEES" MEANS MANAGEMENT FEES THAT A 10,154
PASS-THROUGH ENTITY EARNS OR RECEIVES FROM ALL SOURCES, REDUCED 10,155
BY MANAGEMENT FEES THAT THE PASS-THROUGH ENTITY INCURS OR PAYS TO 10,157
ANY PERSON.
(B) FOR THE PURPOSES OF DIVISIONS (A) AND (C) OF THIS 10,161
SECTION ONLY, AN INVESTMENT IN A PASS-THROUGH ENTITY SHALL BE 10,162
DEEMED TO BE AN INVESTMENT IN AN INTANGIBLE ASSET. 10,163
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 10,167
SECTION, FOR THE PURPOSES OF DIVISION (A) OF SECTION 5733.40 OF 10,168
THE REVISED CODE, AN INVESTMENT PASS-THROUGH ENTITY SHALL EXCLUDE 10,170
FROM THE CALCULATION OF THE ADJUSTED QUALIFYING AMOUNT ALL 10,171
TRANSACTION FEES IN CONNECTION WITH THE ACQUISITION, OWNERSHIP, 10,172
OR DISPOSITION OF INTANGIBLE PROPERTY, LOAN FEES, FINANCING FEES, 10,173
CONSENT FEES, WAIVER FEES, APPLICATION FEES, NET MANAGEMENT FEES, 10,174
DIVIDEND INCOME, INTEREST INCOME, NET CAPITAL GAINS FROM THE SALE 10,175
OR EXCHANGE OF INTANGIBLE PROPERTY, AND ALL TYPES AND 10,176
CLASSIFICATIONS OF INCOME ATTRIBUTABLE TO DISTRIBUTIVE SHARES OF 10,177
INCOME FROM OTHER PASS-THROUGH ENTITIES. NOTHING IN THIS 10,178
DIVISION SHALL BE CONSTRUED TO PROVIDE FOR AN EXCLUSION OF ANY 10,179
ITEM FROM ADJUSTED QUALIFYING AMOUNT MORE THAN ONCE. 10,180
(D) SECTIONS 5733.057 AND 5747.231 OF THE REVISED CODE DO 10,183
NOT APPLY FOR THE PURPOSES OF MAKING THE DETERMINATIONS REQUIRED 10,184
BY DIVISION (A) OF THIS SECTION OR CLAIMING THE EXCLUSION 10,186
PROVIDED BY DIVISION (C) OF THIS SECTION. 10,187
Sec. 5733.402. (A) NOTWITHSTANDING SECTION 5733.40, 10,190
5733.41, 5747.41, OR 5747.43 OF THE REVISED CODE, BUT SUBJECT TO 10,191
DIVISIONS (B), (C), AND (D) OF THIS SECTION, FOR TAXABLE YEARS 10,195
BEGINNING AFTER 1997, A QUALIFYING PASS-THROUGH ENTITY, 10,196
HEREINAFTER THE "EXEMPT ENTITY," IS NOT SUBJECT TO THE TAXES 10,197
IMPOSED BY AND REQUIRED TO BE PAID UNDER THOSE SECTIONS WITH
RESPECT TO DISTRIBUTIVE SHARES OF INCOME AND GAIN THAT PASS 10,199
THROUGH FROM THE QUALIFYING PASS-THROUGH ENTITY TO ANOTHER 10,200
QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "INVESTING 10,201
233
ENTITY," IF THE INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT 10,202
HAS NEXUS WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED 10,205
STATES DURING THE EXEMPT ENTITY'S ENTIRE TAXABLE YEAR. 10,206
(B)(1) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 10,210
EXTENT THAT THE INVESTING ENTITY FAILS TO MAKE A GOOD FAITH AND 10,211
REASONABLE EFFORT TO COMPLY ON A REASONABLY TIMELY BASIS WITH 10,212
SECTION 5733.41 AND SECTIONS 5747.41 TO 5747.453 OF THE REVISED 10,213
CODE.
(2) THE INVESTING ENTITY AND THE EXEMPT ENTITY BEARS THE 10,215
BURDEN OF ESTABLISHING BY A PREPONDERANCE OF THE EVIDENCE THAT 10,217
THE INVESTING ENTITY MADE A GOOD FAITH AND REASONABLE EFFORT TO 10,218
COMPLY ON A REASONABLY TIMELY BASIS WITH SECTION 5733.41 AND 10,219
SECTIONS 5747.41 TO 5747.453 OF THE REVISED CODE. 10,220
(3) THIS SECTION DOES NOT MODIFY, REDUCE, ABATE, DEFER, 10,222
POSTPONE, OR BAR THE IMPOSITION OF AND THE REQUIRED PAYMENT OF 10,223
ANY FEE, INTEREST, OR PENALTY OTHERWISE DUE UNDER TITLE LVII OF 10,226
THE REVISED CODE. 10,227
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 10,231
SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DENY THE 10,232
APPLICATION OF DIVISION (A) OF THIS SECTION TO THE DISTRIBUTIVE 10,233
SHARE OF INCOME AND GAIN OF AN INVESTING ENTITY THAT, WITH 10,234
RESPECT TO THAT DISTRIBUTIVE SHARE, IS ITSELF AN EXEMPT ENTITY 10,235
WITH RESPECT TO ANOTHER QUALIFYING PASS-THROUGH ENTITY, 10,236
HEREINAFTER THE "UPPER LEVEL INVESTING ENTITY," IF THE UPPER 10,237
LEVEL INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT HAS NEXUS 10,238
WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES 10,241
DURING THE INVESTING ENTITY'S ENTIRE TAXABLE YEAR. DIVISION (B) 10,243
OF THIS SECTION ALSO APPLIES TO THE UPPER LEVEL INVESTING ENTITY. 10,244
THIS DIVISION APPLIES REGARDLESS OF THE NUMBER OF LEVELS OF 10,245
INVESTING ENTITIES. 10,246
(D) AN INVESTING ENTITY OR UPPER LEVEL INVESTING ENTITY 10,249
DOES NOT INCLUDE AN INVESTMENT PASS-THROUGH ENTITY AS DEFINED IN 10,250
SECTION 5733.401 OF THE REVISED CODE, AND DIVISION (A) OF THIS 10,252
SECTION DOES NOT APPLY WITH RESPECT TO ANY DISTRIBUTIVE SHARES OF 10,253
234
INCOME OR GAIN THAT PASS THROUGH TO AN INVESTMENT PASS-THROUGH 10,254
ENTITY.
Sec. 5733.98. (A) To provide a uniform procedure for 10,263
calculating the amount of tax imposed by section 5733.06 of the 10,264
Revised Code that is due under this chapter, a taxpayer shall 10,266
claim any credits to which it is entitled in the following order,
EXCEPT AS OTHERWISE PROVIDED IN SECTION 5733.058 OF THE REVISED 10,267
CODE:
(1) The credit for taxes paid by a qualifying pass-through 10,269
entity allowed under section 5733.0611 of the Revised Code; 10,270
(2) The credit for qualifying affiliated groups under 10,272
section 5733.068 of the Revised Code; 10,273
(3) The subsidiary corporation credit under section 10,275
5733.067 of the Revised Code; 10,276
(4) The savings and loan assessment credit under section 10,278
5733.063 of the Revised Code; 10,279
(5) The credit for recycling and litter prevention 10,281
donations under section 5733.064 of the Revised Code; 10,283
(6) The credit for employers that enter into agreements 10,286
with child day-care centers under section 5733.36 of the Revised 10,287
Code;
(7) The credit for employers that reimburse employee child 10,289
day-care expenses under section 5733.38 of the Revised Code; 10,291
(8) The credit for manufacturing investments under section 10,293
5733.061 of the Revised Code; 10,294
(9) The credit for purchases of new manufacturing 10,296
machinery and equipment under section 5733.31 or section 5733.311 10,297
of the Revised Code; 10,298
(10) The second credit for purchases of new manufacturing 10,301
machinery and equipment under section 5733.33 of the Revised 10,302
Code;
(11) The enterprise zone credit under section 5709.66 of 10,304
the Revised Code; 10,305
(12) The credit for the eligible costs associated with a 10,307
235
voluntary action under section 5733.34 of the Revised Code; 10,309
(13) The credit for employers that establish on-site child 10,312
day-care under section 5733.37 of the Revised Code; 10,313
(14) The credit for purchases of qualifying grape 10,315
production property under section 5733.32 of the Revised Code; 10,316
(15) The export sales credit under section 5733.069 of the 10,319
Revised Code;
(16) The credit for research and development and 10,321
technology transfer investors under section 5733.35 of the 10,322
Revised Code;
(17) The enterprise zone credits under section 5709.65 of 10,325
the Revised Code;
(18) The refundable jobs creation credit under section 10,327
5733.0610 of the Revised Code. 10,328
(B) For any credit except the refundable jobs creation 10,330
credit, the amount of the credit for a tax year shall not exceed 10,331
the tax due after allowing for any other credit that precedes it 10,332
in the order required under this section. Any excess amount of a 10,333
particular credit may be carried forward if authorized under the 10,334
section creating that credit. 10,335
Sec. 5747.01. Except as otherwise expressly provided or 10,345
clearly appearing from the context, any term used in this chapter 10,346
has the same meaning as when used in a comparable context in the 10,347
Internal Revenue Code, and all other statutes of the United 10,348
States relating to federal income taxes. 10,349
As used in this chapter: 10,351
(A) "Adjusted gross income" or "Ohio adjusted gross 10,353
income" means adjusted gross income as defined and used in the 10,354
Internal Revenue Code, adjusted as provided in divisions (A)(1) 10,356
to (16)(17) of this section:
(1) Add interest or dividends on obligations or securities 10,358
of any state or of any political subdivision or authority of any 10,359
state, other than this state and its subdivisions and 10,360
authorities.
236
(2) Add interest or dividends on obligations of any 10,362
authority, commission, instrumentality, territory, or possession 10,363
of the United States that are exempt from federal income taxes 10,364
but not from state income taxes. 10,365
(3) Deduct interest or dividends on obligations of the 10,367
United States and its territories and possessions or of any 10,368
authority, commission, or instrumentality of the United States to 10,369
the extent included in federal adjusted gross income but exempt 10,370
from state income taxes under the laws of the United States. 10,371
(4) Deduct disability and survivor's benefits to the 10,373
extent included in federal adjusted gross income. 10,374
(5) Deduct benefits under Title II of the Social Security 10,376
Act and tier 1 railroad retirement benefits to the extent 10,377
included in federal adjusted gross income under section 86 of the 10,378
Internal Revenue Code. 10,379
(6) Add, in the case of a taxpayer who is a beneficiary of 10,381
a trust that makes an accumulation distribution as defined in 10,382
section 665 of the Internal Revenue Code, the portion, if any, of 10,383
such distribution that does not exceed the undistributed net 10,384
income of the trust for the three taxable years preceding the 10,385
taxable year in which the distribution is made. "Undistributed 10,386
net income of a trust" means the taxable income of the trust 10,387
increased by (a)(i) the additions to adjusted gross income 10,388
required under division (A) of this section and (ii) the personal 10,389
exemptions allowed to the trust pursuant to section 642(b) of the 10,390
Internal Revenue Code, and decreased by (b)(i) the deductions to 10,391
adjusted gross income required under division (A) of this 10,392
section, (ii) the amount of federal income taxes attributable to 10,393
such income, and (iii) the amount of taxable income that has been 10,394
included in the adjusted gross income of a beneficiary by reason 10,395
of a prior accumulation distribution. Any undistributed net 10,396
income included in the adjusted gross income of a beneficiary 10,397
shall reduce the undistributed net income of the trust commencing 10,398
with the earliest years of the accumulation period. 10,399
237
(7) Deduct the amount of wages and salaries, if any, not 10,401
otherwise allowable as a deduction but that would have been 10,402
allowable as a deduction in computing federal adjusted gross 10,403
income for the taxable year, had the targeted jobs credit allowed 10,404
and determined under sections 38, 51, and 52 of the Internal 10,405
Revenue Code not been in effect. 10,406
(8) Deduct any interest or interest equivalent on public 10,408
obligations and purchase obligations to the extent included in 10,409
federal adjusted gross income. 10,410
(9) Add any loss or deduct any gain resulting from the 10,412
sale, exchange, or other disposition of public obligations to the 10,413
extent included in federal adjusted gross income. 10,414
(10) Regarding tuition credits purchased under Chapter 10,416
3334. of the Revised Code: 10,417
(a) Deduct the following: 10,419
(i) For credits that as of the end of the taxable year 10,422
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,424
amount of income related to the credits, to the extent included 10,425
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 10,428
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 10,429
the total purchase price of the tuition credits refunded over the 10,430
amount of refund, to the extent the amount of the excess was not 10,431
deducted in determining federal adjusted gross income; 10,432
(b) Add the following: 10,434
(i) For credits that as of the end of the taxable year 10,437
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,438
amount of loss related to the credits, to the extent the amount 10,439
of the loss was deducted in determining federal adjusted gross 10,440
income;
(ii) For credits that during the taxable year have been 10,443
238
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 10,445
the amount of refund over the purchase price of each tuition 10,446
credit refunded, to the extent not included in federal adjusted 10,447
gross income.
(11) Deduct, in the case of a self-employed individual as 10,449
defined in section 401(c)(1) of the Internal Revenue Code and to 10,450
the extent not otherwise allowable as a deduction in computing 10,451
federal adjusted gross income for the taxable year, the amount 10,452
paid during the taxable year for insurance which THAT constitutes 10,454
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 10,456
shall be allowed to any taxpayer who is eligible to participate 10,457
in any subsidized health plan maintained by any employer of the 10,458
taxpayer or of the spouse of the taxpayer. No deduction under 10,459
division (A)(11) of this section shall be allowed to the extent 10,460
that the sum of such deduction and any related deduction 10,461
allowable in computing federal adjusted gross income for the 10,462
taxable year exceeds the taxpayer's earned income, within the 10,463
meaning of section 401(c) of the Internal Revenue Code, derived 10,464
by the taxpayer from the trade or business with respect to which 10,465
the plan providing the medical coverage is established. 10,466
(12) Deduct any amount included in federal adjusted gross 10,468
income solely because the amount represents a reimbursement or 10,469
refund of expenses that in a previous year the taxpayer had 10,470
deducted as an itemized deduction pursuant to section 63 of the 10,471
Internal Revenue Code and applicable United States department of 10,473
the treasury regulations.
(13) Deduct any portion of the deduction described in 10,475
section 1341(a)(2) of the Internal Revenue Code, for repaying 10,476
previously reported income received under a claim of right, that 10,477
meets both of the following requirements: 10,478
(a) It is allowable for repayment of an item that was 10,480
included in the taxpayer's adjusted gross income for a prior 10,481
239
taxable year and did not qualify for a credit under division (A) 10,482
or (B) of section 5747.05 of the Revised Code for that year; 10,483
(b) It does not otherwise reduce the taxpayer's adjusted 10,485
gross income for the current or any other taxable year. 10,486
(14) Deduct an amount equal to the deposits made to, and 10,488
net investment earnings of, a medical savings account during the 10,489
taxable year, in accordance with section 3924.66 of the Revised 10,490
Code. THE DEDUCTION ALLOWED BY DIVISION (A)(14) OF THIS SECTION 10,491
DOES NOT APPLY TO MEDICAL SAVINGS ACCOUNT DEPOSITS AND EARNINGS 10,492
OTHERWISE DEDUCTED OR EXCLUDED FOR THE CURRENT OR ANY OTHER 10,493
TAXABLE YEAR FROM THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME. 10,494
(15)(a) Add an amount equal to the funds withdrawn from a 10,496
medical savings account during the taxable year, and the net 10,497
investment earnings on those funds, when the funds withdrawn were 10,498
used for any purpose other than to reimburse an account holder 10,499
for, or to pay, eligible medical expenses, in accordance with 10,500
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 10,502
account under division (A)(2) of section 3924.68 of the Revised 10,503
Code during the taxable year. 10,504
(16) Add any amount claimed as a credit under section 10,506
5747.059 of the Revised Code to the extent that such amount 10,507
satisfies either of the following:
(a) The amount was deducted or excluded from the 10,509
computation of the taxpayer's federal adjusted gross income as 10,510
required to be reported for the taxpayer's taxable year under the 10,511
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 10,513
federal adjusted gross income as required to be reported for any 10,514
of the taxpayer's taxable years under the Internal Revenue Code. 10,515
(16)(17) Deduct the amount contributed by the taxpayer to 10,517
an individual development account program established by a county 10,518
department of human services pursuant to sections 329.11 to 10,519
329.14 of the Revised Code for the purpose of matching funds 10,520
240
deposited by program participants. On request of the tax 10,521
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 10,522
amount deducted under division (A)(16)(17) of this section. 10,523
(B) "Business income" means income arising from 10,525
transactions, activities, and sources in the regular course of a 10,526
trade or business and includes income from tangible and 10,527
intangible property if the acquisition, rental, management, and 10,528
disposition of the property constitute integral parts of the 10,529
regular course of a trade or business operation. 10,530
(C) "Nonbusiness income" means all income other than 10,532
business income and may include, but is not limited to, 10,533
compensation, rents and royalties from real or tangible personal 10,534
property, capital gains, interest, dividends and distributions, 10,535
patent or copyright royalties, or lottery winnings, prizes, and 10,536
awards. 10,537
(D) "Compensation" means any form of remuneration paid to 10,539
an employee for personal services. 10,540
(E) "Fiduciary" means a guardian, trustee, executor, 10,542
administrator, receiver, conservator, or any other person acting 10,543
in any fiduciary capacity for any individual, trust, or estate. 10,544
(F) "Fiscal year" means an accounting period of twelve 10,546
months ending on the last day of any month other than December. 10,547
(G) "Individual" means any natural person. 10,549
(H) "Internal Revenue Code" means the "Internal Revenue 10,551
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,552
(I) "Resident" means: 10,554
(1) An individual who is domiciled in this state, subject 10,556
to section 5747.24 of the Revised Code; 10,557
(2) The estate of a decedent who at the time of death was 10,560
domiciled in this state. The domicile tests of section 5747.24 10,561
of the Revised Code and any election under section 5747.25 of the 10,562
Revised Code are not controlling for purposes of division (I)(2) 10,563
of this section.
241
(J) "Nonresident" means an individual or estate that is 10,565
not a resident. An individual who is a resident for only part of 10,566
a taxable year is a nonresident for the remainder of that taxable 10,567
year. 10,568
(K) "Pass-through entity" has the same meaning as in 10,570
section 5733.04 of the Revised Code. 10,571
(L) "Return" means the notifications and reports required 10,573
to be filed pursuant to this chapter for the purpose of reporting 10,574
the tax due and includes declarations of estimated tax when so 10,575
required. 10,576
(M) "Taxable year" means the calendar year or the 10,578
taxpayer's fiscal year ending during the calendar year, or 10,579
fractional part thereof, upon which the adjusted gross income is 10,580
calculated pursuant to this chapter. 10,581
(N) "Taxpayer" means any person subject to the tax imposed 10,583
by section 5747.02 of the Revised Code or any pass-through entity 10,584
that makes the election under division (D) of section 5747.08 of 10,585
the Revised Code.
(O) "Dependents" means dependents as defined in the 10,587
Internal Revenue Code and as claimed in the taxpayer's federal 10,588
income tax return for the taxable year or which the taxpayer 10,589
would have been permitted to claim had the taxpayer filed a 10,590
federal income tax return. 10,592
(P) "Principal county of employment" means, in the case of 10,594
a nonresident, the county within the state in which a taxpayer 10,595
performs services for an employer or, if those services are 10,596
performed in more than one county, the county in which the major 10,597
portion of the services are performed. 10,598
(Q) As used in sections 5747.50 to 5747.55 of the Revised 10,600
Code:
(1) "Subdivision" means any county, municipal corporation, 10,602
park district, or township. 10,603
(2) "Essential local government purposes" includes all 10,605
functions that any subdivision is required by general law to 10,606
242
exercise, including like functions that are exercised under a 10,607
charter adopted pursuant to the Ohio Constitution. 10,608
(R) "Overpayment" means any amount already paid that 10,610
exceeds the figure determined to be the correct amount of the 10,611
tax. 10,612
(S) "Taxable income" applies to estates only and means 10,614
taxable income as defined and used in the Internal Revenue Code 10,615
adjusted as follows: 10,616
(1) Add interest or dividends on obligations or securities 10,618
of any state or of any political subdivision or authority of any 10,619
state, other than this state and its subdivisions and 10,620
authorities; 10,621
(2) Add interest or dividends on obligations of any 10,623
authority, commission, instrumentality, territory, or possession 10,624
of the United States that are exempt from federal income taxes 10,625
but not from state income taxes; 10,626
(3) Add the amount of personal exemption allowed to the 10,628
estate pursuant to section 642(b) of the Internal Revenue Code; 10,629
(4) Deduct interest or dividends on obligations of the 10,631
United States and its territories and possessions or of any 10,632
authority, commission, or instrumentality of the United States 10,633
that are exempt from state taxes under the laws of the United 10,634
States; 10,635
(5) Deduct the amount of wages and salaries, if any, not 10,637
otherwise allowable as a deduction but that would have been 10,638
allowable as a deduction in computing federal taxable income for 10,639
the taxable year, had the targeted jobs credit allowed under 10,640
sections 38, 51, and 52 of the Internal Revenue Code not been in 10,641
effect; 10,642
(6) Deduct any interest or interest equivalent on public 10,644
obligations and purchase obligations to the extent included in 10,645
federal taxable income; 10,646
(7) Add any loss or deduct any gain resulting from sale, 10,648
exchange, or other disposition of public obligations to the 10,649
243
extent included in federal taxable income; 10,650
(8) Except in the case of the final return of an estate, 10,652
add any amount deducted by the taxpayer on both its Ohio estate 10,653
tax return pursuant to section 5731.14 of the Revised Code, and 10,654
on its federal income tax return in determining either federal 10,655
adjusted gross income or federal taxable income; 10,656
(9) Deduct any amount included in federal taxable income 10,658
solely because the amount represents a reimbursement or refund of 10,659
expenses that in a previous year the decedent had deducted as an 10,660
itemized deduction pursuant to section 63 of the Internal Revenue 10,661
Code and applicable treasury regulations; 10,662
(10) Deduct any portion of the deduction described in 10,664
section 1341(a)(2) of the Internal Revenue Code, for repaying 10,665
previously reported income received under a claim of right, that 10,666
meets both of the following requirements: 10,667
(a) It is allowable for repayment of an item that was 10,669
included in the taxpayer's taxable income or the decedent's 10,670
adjusted gross income for a prior taxable year and did not 10,671
qualify for a credit under division (A) or (B) of section 5747.05 10,672
of the Revised Code for that year. 10,673
(b) It does not otherwise reduce the taxpayer's taxable 10,675
income or the decedent's adjusted gross income for the current or 10,676
any other taxable year. 10,677
(11) Add any amount claimed as a credit under section 10,679
5747.059 of the Revised Code to the extent that the amount 10,680
satisfies either of the following: 10,681
(a) The amount was deducted or excluded from the 10,683
computation of the taxpayer's federal taxable income as required 10,684
to be reported for the taxpayer's taxable year under the Internal 10,685
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 10,687
federal taxable income as required to be reported for any of the 10,688
taxpayer's taxable years under the Internal Revenue CODE. 10,689
(T) "School district income" and "school district income 10,691
244
tax" have the same meanings as in section 5748.01 of the Revised 10,692
Code. 10,693
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 10,695
(S)(7) of this section, "public obligations," "purchase 10,696
obligations," and "interest or interest equivalent" have the same 10,697
meanings as in section 5709.76 of the Revised Code. 10,698
(V) "Limited liability company" means any limited 10,700
liability company formed under Chapter 1705. of the Revised Code 10,701
or under the laws of any other state. 10,702
(W) "Pass-through entity investor" means any person who, 10,704
during any portion of a taxable year of a pass-through entity, is 10,705
a partner, member, shareholder, or investor in that pass-through 10,706
entity.
(X) "Banking day" has the same meaning as in section 10,708
1304.01 of the Revised Code. 10,709
(Y) "Month" means a calendar month. 10,711
(Z) "Quarter" means the first three months, the second 10,713
three months, the third three months, or the last three months of 10,714
the taxpayer's taxable year.
(AA) Any term used in this chapter that is not otherwise 10,716
defined in this section and that is not used in a comparable 10,717
context in the Internal Revenue Code and other statutes of the 10,718
United States relating to federal income taxes has the same 10,719
meaning as in section 5733.40 of the Revised Code. 10,720
Sec. 5747.08. An annual return with respect to the tax 10,729
imposed by section 5747.02 of the Revised Code and each tax 10,730
imposed under Chapter 5748. of the Revised Code shall be made by 10,731
every taxpayer for any taxable year for which the taxpayer is 10,732
liable for the tax imposed by that section or under that chapter, 10,733
unless the total credits allowed under divisions (E), (F), and 10,734
(G) of section 5747.05 of the Revised Code for the year are equal 10,735
to or exceed the tax imposed by section 5747.02 of the Revised 10,736
Code, in which case no return shall be required unless the 10,737
taxpayer is liable for a tax imposed pursuant to Chapter 5748. of 10,738
245
the Revised Code. 10,739
(A) If an individual is deceased, any return or notice 10,741
required of that individual under this chapter shall be made and 10,742
filed by that decedent's executor, administrator, or other person 10,744
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice 10,746
required by this chapter, the return or notice required of that 10,747
individual shall be made and filed by the individual's duly 10,748
authorized agent, guardian, conservator, fiduciary, or other 10,749
person charged with the care of the person or property of that 10,750
individual.
(C) Returns or notices required of an estate or a trust 10,752
shall be made and filed by the fiduciary of the estate or trust. 10,753
(D)(1) Any (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 10,756
(D)(1)(b) OF THIS SECTION, ANY pass-through entity having two or 10,758
more nonresident pass-through entity investors who derive no 10,759
taxable income from this state, other than a distributive share 10,760
of the pass-through entity income, may file a single return on 10,761
behalf of all or some of those pass-through entity ONE OR MORE OF 10,763
THE ENTITY'S investors who are individuals or estates OTHER THAN 10,765
AN INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,766
SECTION 5733.06 OF THE REVISED CODE. The single return shall set 10,767
forth the name, address, and social security number of each OF 10,768
THOSE pass-through entity investor of that nature INVESTORS and 10,770
shall indicate the distributive share of each OF THOSE
pass-through entity investor's income taxable in this state in 10,772
accordance with sections 5747.20 to 5747.231 of the Revised Code. 10,775
Such nonresident pass-through entity investors for whom the 10,776
pass-through entity elects to file a single return are not 10,777
entitled to the exemption or credit provided for by sections 10,778
5747.02 and 5747.022 of the Revised Code; shall calculate the tax 10,780
before business credits at the highest rate of tax set forth in 10,781
section 5747.02 of the Revised Code for the taxable year for 10,783
which the return is filed; and are entitled to only their 10,784
246
distributive share of the business credits as defined in division 10,786
(D)(2) of this section. A single check drawn by the pass-through 10,787
entity shall accompany the return in full payment of the tax due 10,789
FOR SUCH INVESTORS OTHER THAN INVESTORS WHO ARE PERSONS SUBJECT 10,791
TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE. 10,792
(b)(i) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 10,795
SINGLE RETURN ANY INVESTOR THAT IS A TRUST TO THE EXTENT THAT ANY 10,796
DIRECT OR INDIRECT CURRENT, FUTURE, OR CONTINGENT BENEFICIARY OF 10,797
THE TRUST IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 10,798
5733.06 OF THE REVISED CODE. 10,799
(ii) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 10,802
SINGLE RETURN ANY INVESTOR THAT IS ITSELF A PASS-THROUGH ENTITY 10,803
TO THE EXTENT THAT ANY DIRECT OR INDIRECT INVESTOR IN THE SECOND 10,804
PASS-THROUGH ENTITY IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,805
SECTION 5733.06 OF THE REVISED CODE. 10,806
(c) NOTHING IN DIVISION (D) OF THIS SECTION PRECLUDES THE 10,810
TAX COMMISSIONER FROM REQUIRING SUCH INVESTORS TO FILE THE RETURN 10,811
AND MAKE THE PAYMENT OF TAXES AND RELATED INTEREST, PENALTY, AND 10,812
INTEREST PENALTY REQUIRED BY THIS SECTION OR SECTION 5747.02, 10,813
5747.09, OR 5747.15 OF THE REVISED CODE. NOTHING IN DIVISION (D) 10,815
OF THIS SECTION SHALL BE CONSTRUED TO PROVIDE TO SUCH AN INVESTOR 10,816
OR PASS-THROUGH ENTITY ANY ADDITIONAL DEDUCTION OR CREDIT, OTHER 10,817
THAN THE CREDIT PROVIDED BY DIVISION (J) OF THIS SECTION, SOLELY 10,819
ON ACCOUNT OF THE ENTITY'S FILING A RETURN IN ACCORDANCE WITH 10,820
THIS SECTION. Such a pass-through entity also shall make the 10,821
filing and payment of estimated taxes on behalf of those 10,822
nonresident THE pass-through entity investors OTHER THAN AN 10,823
INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 10,824
SECTION 5733.06 OF THE REVISED CODE. 10,825
(2) For the purposes of this section, "business credits" 10,828
means the credits listed in section 5747.98 of the Revised Code 10,831
excluding the following credits: 10,832
(a) The retirement credit under division (B) of section 10,835
5747.055 of the Revised Code; 10,837
247
(b) The senior citizen credit under division (C) of 10,840
section 5747.05 of the Revised Code; 10,842
(c) The lump sum distribution credit under division (D) of 10,845
section 5747.05 of the Revised Code; 10,847
(d) The dependent care credit under section 5747.054 of 10,850
the Revised Code; 10,851
(e) The lump sum retirement income credit under division 10,854
(C) of section 5747.055 of the Revised Code; 10,856
(f) The lump sum retirement income credit under division 10,859
(D) of section 5747.055 of the Revised Code; 10,861
(g) The lump sum retirement income credit under division 10,864
(E) of section 5747.055 of the Revised Code; 10,866
(h) The credit for displaced workers who pay for job 10,869
training under section 5747.27 of the Revised Code; 10,871
(i) The twenty-dollar personal exemption credit under 10,874
section 5747.022 of the Revised Code; 10,876
(j) The joint filing credit under division (G) of section 10,879
5747.05 of the Revised Code; 10,881
(k) The nonresident credit under division (A) of section 10,884
5747.05 of the Revised Code; 10,886
(l) The credit for a resident's out-of-state income under 10,889
division (B) of section 5747.05 of the Revised Code. 10,892
(3) The election provided for under division (D) of this 10,895
section applies only to the taxable year for which the election 10,896
is made by the pass-through entity. Unless the tax commissioner 10,897
provides otherwise, this election, once made, is binding and 10,898
irrevocable for the taxable year for which the election is made. 10,899
Nothing in this division shall be construed to provide for any 10,900
deduction or credit that would not be allowable if a nonresident 10,901
pass-through entity investor were to file an annual return. 10,902
(4) If a pass-through entity makes the election provided 10,904
for under division (D) of this section, the pass-through entity 10,906
shall be liable for any additional taxes, interest, interest 10,907
penalty, or penalties imposed by this chapter if the tax 10,909
248
commissioner determines that the single return does not reflect 10,910
the correct tax due by nonresident pass-through entity investors 10,911
covered by that return. Nothing in this division shall be 10,912
construed to limit or alter the liability, if any, imposed on 10,913
pass-through entity investors for unpaid or underpaid taxes, 10,914
interest, interest penalty, or penalties as a result of the
pass-through entity's making the election provided for under 10,915
division (D) of this section. For the purposes of division (D) 10,918
of this section, "correct tax due" means the tax that would have 10,919
been paid by the pass-through entity had the single return been 10,920
filed in a manner reflecting and including the findings and 10,921
determinations made by the tax commissioner. Nothing in division 10,923
(D) of this section shall be construed to make or hold a 10,924
pass-through entity liable for tax attributable to a pass-through 10,925
entity investor's income from a source other than the 10,926
pass-through entity electing to file the single return. 10,927
(E) If a husband and wife file a joint federal income tax 10,929
return for a taxable year, they shall file a joint return under 10,930
this section for that taxable year, and their liabilities are 10,931
joint and several, but, if the federal income tax liability of 10,932
either spouse is determined on a separate federal income tax 10,933
return, they shall file separate returns under this section. 10,934
If either spouse is not required to file a federal income 10,936
tax return and either or both are required to file a return 10,937
pursuant to this chapter, they may elect to file separate or 10,938
joint returns, and, pursuant to that election, their liabilities 10,939
are separate or joint and several. If a husband and wife file 10,940
separate returns pursuant to this chapter, each must claim the 10,941
taxpayer's own exemption, but not both, as authorized under 10,942
section 5747.02 of the Revised Code on the taxpayer's own return. 10,945
(F) Each return or notice required to be filed under this 10,947
section shall contain the signature of the taxpayer or the 10,949
taxpayer's duly authorized agent and of the person who prepared 10,950
the return for the taxpayer, and shall include the taxpayer's 10,951
249
social security number. Each return shall be verified by a 10,952
declaration under the penalties of perjury. The tax commissioner 10,953
shall prescribe the form that the signature and declaration shall 10,954
take.
(G) Each return or notice required to be filed under this 10,956
section shall be made and filed as required by section 5747.04 of 10,957
the Revised Code, on or before the fifteenth day of April of each 10,958
year, on forms that the tax commissioner shall prescribe, 10,959
together with remittance made payable to the treasurer of state 10,960
in the combined amount of the state and all school district 10,961
income taxes shown to be due on the form, unless the combined 10,962
amount shown to be due is one dollar or less, in which case that 10,963
amount need not be remitted. Returns for taxable years for which 10,966
a reduction in the tax due is made under division (B) of section 10,967
5747.02 of the Revised Code shall include the following 10,969
statement: "The tax on this line reflects a.....% (here enter 10,970
the percentage reduction described in division (B) of section 10,971
5747.02 of the Revised Code) reduction under legislation enacted 10,973
by the General Assembly requiring the return of excess state 10,976
revenue to taxpayers." The statement shall appear in boldface 10,977
type and shall be placed in a prominent location on the return in 10,978
the vicinity of the location where the amount of tax due, before 10,979
any credits or amounts withheld, is entered. 10,980
Upon good cause shown, the commissioner may extend the 10,982
period for filing any notice or return required to be filed under 10,983
this section and may adopt rules relating to extensions. If the 10,984
extension results in an extension of time for the payment of any 10,985
state or school district income tax liability with respect to 10,986
which the return is filed, the taxpayer shall pay at the time the 10,987
tax liability is paid an amount of interest computed at the rate 10,988
per annum prescribed by section 5703.47 of the Revised Code on 10,989
that liability from the time that payment is due without 10,990
extension to the time of actual payment. In addition to all 10,991
other interest charges and penalties, all taxes imposed by 10,992
250
section 5747.02 of the Revised Code or under THIS CHAPTER OR 10,993
Chapter 5748. of the Revised Code and remaining unpaid after they 10,996
become due, except combined amounts due of one dollar or less, 10,997
bear interest at the rate per annum prescribed by section 5703.47 10,998
of the Revised Code until paid or until the day an assessment is 10,999
issued under section 5747.13 of the Revised Code, whichever
occurs first. If the commissioner considers it necessary in 11,002
order to ensure the payment of the tax imposed by section 5747.02 11,003
of the Revised Code or any tax imposed under Chapter 5748. of the 11,004
Revised Code, the commissioner may require returns and payments 11,005
to be made otherwise than as provided in this section. 11,006
(H) If any report, claim, statement, or other document 11,008
required to be filed, or any payment required to be made, within 11,009
a prescribed period or on or before a prescribed date under this 11,010
chapter is delivered after that period or that date by United 11,011
States mail to the agency, officer, or office with which the 11,012
report, claim, statement, or other document is required to be 11,013
filed, or to which the payment is required to be made, the date 11,014
of the postmark stamped on the cover in which the report, claim, 11,015
statement, or other document, or payment is mailed shall be 11,016
deemed to be the date of delivery or the date of payment. 11,017
If a payment is required to be made by electronic funds 11,019
transfer pursuant to section 5747.072 of the Revised Code, the 11,020
payment is considered to be made when the payment is received by 11,021
the treasurer of state or credited to an account designated by 11,022
the treasurer of state for the receipt of tax payments. 11,023
"The date of the postmark" means, in the event there is 11,026
more than one date on the cover, the earliest date imprinted on 11,027
the cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to 11,029
section 5747.06 of the Revised Code shall be allowed to the 11,030
recipient of the compensation as credits against payment of the 11,031
appropriate taxes imposed on the recipient by section 5747.02 and 11,033
under Chapter 5748. of the Revised Code.
251
(J) IF, IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION, A 11,037
PASS-THROUGH ENTITY ELECTS TO FILE A SINGLE RETURN AND IF ANY 11,038
INVESTOR IS REQUIRED TO FILE THE RETURN AND MAKE THE PAYMENT OF 11,039
TAXES REQUIRED BY THIS CHAPTER ON ACCOUNT OF THE INVESTOR'S OTHER 11,040
INCOME THAT IS NOT INCLUDED IN A SINGLE RETURN FILED BY A 11,041
PASS-THROUGH ENTITY, THE INVESTOR IS ENTITLED TO A REFUNDABLE 11,042
CREDIT EQUAL TO THE INVESTOR'S PROPORTIONATE SHARE OF THE TAX 11,043
PAID BY THE PASS-THROUGH ENTITY ON BEHALF OF THE INVESTOR. THE 11,044
INVESTOR SHALL CLAIM THE CREDIT FOR THE INVESTOR'S TAXABLE YEAR 11,045
IN WHICH OR WITH WHICH ENDS THE TAXABLE YEAR OF THE PASS-THROUGH 11,046
ENTITY. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW ANY 11,047
CREDIT PROVIDED IN THIS CHAPTER TO BE CLAIMED MORE THAN ONCE. 11,048
FOR THE PURPOSES OF COMPUTING ANY INTEREST, PENALTY, OR INTEREST 11,049
PENALTY, THE INVESTOR SHALL BE DEEMED TO HAVE PAID THE REFUNDABLE 11,050
CREDIT PROVIDED BY THIS DIVISION ON THE DAY THAT THE PASS-THROUGH 11,051
ENTITY PAID THE ESTIMATED TAX OR THE TAX GIVING RISE TO THE 11,052
CREDIT.
Sec. 5747.401. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN 11,055
DIVISION (B) OF THIS SECTION, FOR THE PURPOSES OF SECTIONS 11,057
5733.40, 5733.401, 5733.402, 5733.41, AND 5747.40 TO 5747.457 OF 11,058
THE REVISED CODE, THE INVESTORS IN AN INVESTMENT PASS-THROUGH 11,060
ENTITY AS DEFINED IN SECTION 5733.401 OF THE REVISED CODE, 11,061
HEREINAFTER THE "DEEMED INVESTORS," SHALL BE DEEMED TO BE 11,062
INVESTORS IN ANY OTHER PASS-THROUGH ENTITY IN WHICH THE 11,063
INVESTMENT PASS-THROUGH ENTITY IS A DIRECT INVESTOR WITHOUT 11,064
REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED CODE. 11,065
EACH DEEMED INVESTOR'S PORTION OF SUCH OTHER PASS-THROUGH 11,066
ENTITY'S ADJUSTED QUALIFYING AMOUNT SHALL BE THE ADJUSTED 11,067
QUALIFYING AMOUNT THAT, WITHOUT REGARD TO THIS SECTION, PASSES 11,068
THROUGH FROM SUCH OTHER PASS-THROUGH ENTITY TO THE INVESTMENT 11,069
PASS-THROUGH ENTITY MULTIPLIED BY THE PERCENTAGE OF THE DEEMED 11,070
INVESTOR'S DIRECT OWNERSHIP IN THE INVESTMENT PASS-THROUGH ENTITY 11,071
WITHOUT REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED 11,073
CODE.
252
(2) FOR THE PURPOSES OF SECTIONS 5733.40, 5733.401, 11,076
5733.402, 5733.41, AND 5747.40 TO 5747.457 OF THE REVISED CODE, 11,077
THE INVESTMENT PASS-THROUGH ENTITY SHALL NOT BE DEEMED TO BE AN 11,078
INVESTOR IN SUCH OTHER PASS-THROUGH ENTITY. 11,079
(3) IF THE TAXABLE YEAR OF THE INVESTMENT PASS-THROUGH 11,081
ENTITY ENDS ON A DAY OTHER THAN THE LAST DAY OF SUCH OTHER 11,082
PASS-THROUGH ENTITY'S TAXABLE YEAR, DIVISION (A)(1) OF THIS 11,084
SECTION APPLIES TO THOSE PERSONS WHO ARE INVESTORS IN THE 11,085
INVESTMENT PASS-THROUGH ENTITY ON THE LAST DAY OF SUCH OTHER 11,086
PASS-THROUGH ENTITY'S TAXABLE YEAR ENDING WITHIN THE INVESTMENT 11,087
PASS-THROUGH ENTITY'S TAXABLE YEAR. 11,088
(B) DIVISION (A) OF THIS SECTION APPLIES ONLY TO THE 11,092
EXTENT TO WHICH THE INVESTMENT PASS-THROUGH ENTITY PROVIDES ON A 11,093
TIMELY BASIS TO SUCH OTHER PASS-THROUGH ENTITY THE NAME, ADDRESS, 11,094
AND SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER FOR 11,095
EACH DIRECT INVESTOR IN THE INVESTMENT PASS-THROUGH ENTITY 11,096
WITHOUT REGARD TO SECTIONS 5733.057 AND 5747.231 OF THE REVISED 11,097
CODE. ONCE SUCH OTHER PASS-THROUGH ENTITY RECEIVES SUCH 11,098
INFORMATION FROM THE INVESTMENT PASS-THROUGH ENTITY, DIVISION (A) 11,100
OF THIS SECTION APPLIES FOR SUCH OTHER PASS-THROUGH ENTITY'S 11,101
TAXABLE YEAR UNLESS THE TAX COMMISSIONER PERMITS THE INVESTMENT 11,102
PASS-THROUGH ENTITY TO REVOKE THE NOTICE THAT THE INVESTMENT 11,103
PASS-THROUGH ENTITY PREVIOUSLY PROVIDED TO SUCH OTHER 11,104
PASS-THROUGH ENTITY.
Sec. 5747.43. (A) As used in this section: 11,113
(1) "Estimated taxes" means the amount that a qualifying 11,116
entity estimates to be the sum of its liability under sections 11,117
5733.41 and 5747.41 of the Revised Code for its current 11,118
qualifying taxable year.
(2) "Tax liability" means the total of the taxes and 11,121
withholding taxes due under sections 5733.41 and 5747.41 of the 11,122
Revised Code for the qualifying taxable year prior to applying 11,123
any estimated tax payment or refund from another year.
(3) "Taxes paid" includes payments of estimated taxes made 11,125
253
under division (C) of this section and tax refunds applied by the 11,126
qualifying entity in payment of estimated taxes. 11,127
(B) In addition to the return required to be filed 11,129
pursuant to section 5747.42 of the Revised Code, each qualifying 11,130
entity subject to the tax imposed under section 5733.41 and to 11,132
the withholding tax imposed by section 5747.41 of the Revised
Code shall file an estimated tax return and pay a portion of the 11,133
qualifying entity's tax liability for its qualifying taxable 11,134
year. The portion of those taxes required to be paid, and the 11,136
last day prescribed for payment thereof, shall be as prescribed
by divisions (B)(1), (2), (3), and (4) of this section: 11,137
(1) On or before the fifteenth day of the month following 11,139
the last day of the first quarter of the qualifying entity's 11,140
qualifying taxable year, twenty-two and one-half per cent of the 11,141
qualifying entity's estimated tax liability for that taxable 11,142
year;
(2) On or before the fifteenth day of the month following 11,144
the last day of the second quarter of the qualifying entity's 11,145
qualifying taxable year, forty-five per cent of the qualifying 11,146
entity's estimated tax liability for that taxable year; 11,147
(3) On or before the fifteenth day of the month following 11,149
the last day of the third quarter of the qualifying entity's 11,150
qualifying taxable year, sixty-seven and one-half per cent of the 11,151
qualifying entity's estimated tax liability for that taxable 11,152
year;
(4) On or before the fifteenth day of the month following 11,154
the last day of the fourth quarter of the qualifying entity's 11,155
qualifying taxable year, ninety per cent of the qualifying 11,156
entity's estimated tax liability for that taxable year.
Payments of estimated taxes shall be made payable to the 11,158
treasurer of state.
(C) If a payment of estimated taxes is not paid in the 11,160
full amount required under division (B) of this section, a 11,161
penalty shall be added to the taxes charged for the qualifying 11,162
254
taxable year unless the underpayment is due to reasonable cause 11,163
as described in division (D) of this section. The penalty shall 11,164
accrue at the rate per annum prescribed by section 5703.47 of the
Revised Code upon the amount of underpayment from the day the 11,165
estimated payment was required to be made to the day the payment 11,166
is made.
The amount of the underpayment upon which the penalty shall 11,168
accrue shall be determined as follows: 11,169
(1) For the first payment of estimated taxes each year, 11,171
twenty-two and one-half per cent of the tax liability less the 11,172
amount of taxes paid by the date prescribed for that payment; 11,173
(2) For the second payment of estimated taxes each year, 11,175
forty-five per cent of the tax liability less the amount of taxes 11,176
paid by the date prescribed for that payment; 11,177
(3) For the third payment of estimated taxes each year, 11,179
sixty-seven and one-half per cent of the tax liability less the 11,180
amount of taxes paid by the date prescribed for that payment; 11,181
(4) For the fourth payment of estimated taxes each year, 11,183
ninety per cent of the tax liability less the amount of taxes 11,184
paid by the date prescribed for that payment. 11,185
For the purposes of this section, a payment of estimated 11,187
taxes on or before any payment date shall be considered a payment 11,188
of a previous underpayment only to the extent the payment of 11,189
estimated taxes exceeds the amount of the payment presently 11,190
required to be paid to avoid any penalty.
The penalty imposed under division (C) of this section is 11,192
in lieu of any other interest charge or penalty imposed for 11,193
failure to file a declaration of estimated tax report and make 11,194
estimated payments as required by this section.
(D) An underpayment of estimated taxes determined under 11,196
division (C) of this section is due to reasonable cause if any of 11,197
the following apply:
(1) The amount of tax that was paid equals at least ninety 11,199
per cent of the tax liability for the current qualifying taxable 11,200
255
year, determined by annualizing the income received during that 11,201
year up to the end of the month immediately preceding the month 11,202
in which the payment is due;
(2) The amount of tax liability that was paid equals at 11,204
least ninety per cent of the tax liability for the current 11,205
qualifying taxable year;
(3) The amount of tax liability that was paid equals at 11,207
least one hundred per cent of the tax liability shown on the 11,208
return of the qualifying entity for the preceding qualifying 11,209
taxable year, provided that the immediately preceding qualifying 11,210
taxable year reflected a period of twelve months and the
qualifying entity filed a return under section 5747.42 of the 11,211
Revised Code for that year.
(E)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY 11,216
FOR A TAXABLE YEAR IF EITHER OF THE FOLLOWING APPLIES TO THE 11,217
QUALIFYING ENTITY:
(a) FOR THE IMMEDIATELY PRECEDING TAXABLE YEAR, THE ENTITY 11,220
COMPUTES IN GOOD FAITH AND IN A REASONABLE MANNER THAT THE SUM OF 11,221
ITS ADJUSTED QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 11,223
(b) FOR THE TAXABLE YEAR THE ENTITY COMPUTES IN GOOD FAITH 11,226
AND IN A REASONABLE MANNER THAT THE SUM OF ITS ADJUSTED 11,227
QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 11,228
(2) NOTWITHSTANDING ANY OTHER PROVISION OF TITLE LVII OF 11,232
THE REVISED CODE TO THE CONTRARY, THE ENTITY SHALL ESTABLISH BY A 11,233
PREPONDERANCE OF THE EVIDENCE THAT ITS COMPUTATION OF THE 11,234
ADJUSTED QUALIFYING AMOUNTS FOR THE IMMEDIATELY PRECEDING TAXABLE 11,235
YEAR AND THE TAXABLE YEAR WAS, IN FACT, MADE IN GOOD FAITH AND IN 11,236
A REASONABLE MANNER. 11,237
(F) The tax commissioner may waive the requirement for 11,239
filing a declaration of estimated taxes for any class of 11,241
qualifying entities if the commissioner finds the waiver is 11,242
reasonable and proper in view of administrative costs and other
factors. 11,243
Sec. 5747.98. (A) To provide a uniform procedure for 11,252
256
calculating the amount of tax due under section 5747.02 of the 11,253
Revised Code, a taxpayer shall claim any credits to which the 11,254
taxpayer is entitled in the following order: 11,256
(1) The retirement income credit under division (B) of 11,258
section 5747.055 of the Revised Code; 11,259
(2) The senior citizen credit under division (C) of 11,261
section 5747.05 of the Revised Code; 11,262
(3) The lump sum distribution credit under division (D) of 11,264
section 5747.05 of the Revised Code; 11,265
(4) The dependent care credit under section 5747.054 of 11,267
the Revised Code; 11,268
(5) The lump sum retirement income credit under division 11,270
(C) of section 5747.055 of the Revised Code; 11,271
(6) The lump sum retirement income credit under division 11,273
(D) of section 5747.055 of the Revised Code; 11,274
(7) The lump sum retirement income credit under division 11,276
(E) of section 5747.055 of the Revised Code; 11,277
(8) The credit for displaced workers who pay for job 11,279
training under section 5747.27 of the Revised Code; 11,280
(9) The campaign contribution credit under section 5747.29 11,282
of the Revised Code; 11,283
(10) The twenty-dollar personal exemption credit under 11,285
section 5747.022 of the Revised Code; 11,286
(11) The joint filing credit under division (G) of section 11,289
5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of section 11,292
5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income under 11,295
division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter into agreements 11,298
with child day-care centers under section 5747.34 of the Revised 11,299
Code;
(15) The credit for employers that reimburse employee 11,301
child day-care expenses under section 5747.36 of the Revised 11,302
257
Code;
(16) The credit for manufacturing investments under 11,304
section 5747.051 of the Revised Code; 11,305
(17) The credit for purchases of new manufacturing 11,307
machinery and equipment under section 5747.26 or section 5747.261 11,309
of the Revised Code;
(18) The second credit for purchases of new manufacturing 11,312
machinery and equipment under section 5747.31 of the Revised 11,313
Code;
(19) The enterprise zone credit under section 5709.66 of 11,315
the Revised Code; 11,316
(20) The credit for the eligible costs associated with a 11,318
voluntary action under section 5747.32 of the Revised Code; 11,320
(21) The credit for employers that establish on-site child 11,323
day-care centers under section 5747.35 of the Revised Code; 11,324
(22) The credit for purchases of qualifying grape 11,326
production property under section 5747.28 of the Revised Code; 11,327
(23) The export sales credit under section 5747.057 of the 11,330
Revised Code;
(24) The credit for research and development and 11,332
technology transfer investors under section 5747.33 of the 11,333
Revised Code;
(25) The enterprise zone credits under section 5709.65 of 11,336
the Revised Code;
(26) The refundable jobs creation credit under section 11,339
5747.058 of the Revised Code;
(27) The refundable credit for taxes paid by a qualifying 11,341
entity granted under section 5747.059 of the Revised Code; 11,342
(28) THE REFUNDABLE CREDITS FOR TAXES PAID BY A QUALIFYING 11,344
PASS-THROUGH ENTITY GRANTED UNDER DIVISION (J) OF SECTION 5747.08 11,345
OF THE REVISED CODE.
(B) For any credit except the refundable jobs creation 11,347
credit and the refundable credit for taxes paid by a qualifying 11,348
entity CREDITS ENUMERATED IN DIVISIONS (A)(26), (27), AND (28) OF 11,350
258
THIS SECTION AND THE CREDIT GRANTED UNDER DIVISION (I) OF SECTION
5747.08 OF THE REVISED CODE, the amount of the credit for a 11,351
taxable year shall not exceed the tax due after allowing for any 11,352
other credit that precedes it in the order required under this 11,353
section. Any excess amount of a particular credit may be carried 11,354
forward if authorized under the section creating that credit. 11,355
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW A TAXPAYER TO 11,356
CLAIM, DIRECTLY OR INDIRECTLY, A CREDIT MORE THAN ONCE FOR A 11,357
TAXABLE YEAR.
Sec. 5907.15. THERE IS HEREBY CREATED IN THE STATE 11,359
TREASURY THE OHIO VETERANS HOME RENTAL AND SERVICE REVENUE FUND. 11,360
REVENUE GENERATED FROM TEMPORARY USE AGREEMENTS OF THE HOME, FROM 11,362
THE SALE OF MEALS AT THE HOME'S DINING HALLS, AND FROM RENTAL, 11,363
LEASE, OR SHARING AGREEMENTS FOR THE USE OF FACILITIES, SUPPLIES, 11,364
EQUIPMENT, UTILITIES, OR SERVICES PROVIDED BY THE HOME SHALL BE 11,365
CREDITED TO THE FUND. THE FUND SHALL BE USED ONLY FOR
MAINTENANCE COSTS OF THE HOME. 11,366
Section 2. That existing sections 101.68, 126.14, 131.35, 11,369
133.06, 325.19, 718.01, 3313.646, 3313.841, 3313.842, 3313.975, 11,370
3313.98, 3314.02, 3314.03, 3314.06, 3314.07, 3314.08, 3317.01, 11,371
3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 11,373
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, 11,374
3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3319.22, 3323.091, 11,375
3323.12, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 11,376
4745.01, 5101.93, 5104.32, 5104.34, 5104.35, 5104.38, 5711.22, 11,377
5733.04, 5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 11,378
5747.01, 5747.08, 5747.43, and 5747.98, and section 5747.452 of 11,380
the Revised Code are hereby repealed. Existing Section 50.11 of 11,382
Am. Sub. H.B. 215 of the 122nd General Assembly, as most recently 11,383
amended by Am. Sub. H.B. 650 of the 122nd General Assembly, is 11,384
hereby repealed.
Section 3. That Sections 20.05, 47.13, 50.52, 50.52.2, 11,386
50.52.4, 50.52.7, 50.52.9, 58, 62.01, 67.08, 101, 119, 190, and 11,387
259
210 of Am. Sub. H.B. 215 of the 122nd General Assembly be amended 11,388
to read as follows:
"Sec. 20.05. Transfers to Central Service Agency Fund 11,390
The Director of Budget and Management may transfer up to 11,392
$1,500,000 in fiscal year 1998 and up to $500,000 in fiscal year 11,393
1999 from the Occupational Licensing and Regulatory Fund (Fund 11,394
4K9) to the Central Service Agency Fund (Fund 115). The cash 11,395
transferred shall be used to purchase the necessary equipment, 11,396
products, and services to install a local area network for the 11,397
professional licensing boards, to migrate their licensing 11,398
applications to this network, and to provide for the ongoing 11,399
operations of the network in fiscal year 1998 and fiscal year 11,400
1999. Appropriation authority equal to the cash transfer is 11,401
hereby appropriated to line item 100-632, Central Service Agency. 11,403
The Director of Budget and Management may transfer up to 11,405
$150,000 in fiscal year 1998 AND UP TO $150,000 IN FISCAL YEAR 11,406
1999 from the Occupational Licensing and Regulatory Fund (Fund 11,408
4K9) to the Central Service Agency Fund (Fund 115). The cash 11,409
shall be utilized as necessary to subsidize the operations of the 11,410
Central Service Agency during the process of transition due to 11,411
the Medical Board and the Pharmacy Board no longer using Central 11,412
Service Agency services.
The Director of Budget and Management shall transfer up to 11,414
$20,000 in fiscal year 1998 from the Occupational Licensing and 11,415
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund 11,416
(Fund 115). The Office of Budget and Management shall conduct, 11,417
or contract for the conduct of, a study examining the feasibility 11,419
of consolidating the administrative process of licensing and 11,420
regulating barbers and cosmetologists while respecting the 11,421
separate identities of the two professions. Appropriation
authority equal to the cash transfer is hereby appropriated to 11,423
line item 100-632, Central Service Agency.
Sec. 47.13. Minority Business Bonding Fund 11,425
Notwithstanding Chapters 122., 169., and 175. of the 11,427
260
Revised Code and other provisions of this act AM. SUB. H.B. 215 11,429
OF THE 122nd GENERAL ASSEMBLY, the Director of Development may, 11,431
upon the recommendation of the Minority Development Financing 11,432
Advisory Board, pledge up to $10,000,000 in this biennium of 11,433
unclaimed funds administered by the Director of Commerce and 11,434
allocated to the Minority Business Bonding Program pursuant to 11,435
section 169.05 of the Revised Code. The transfer of any cash by 11,436
the Director of Commerce from the Department of Commerce's 11,437
Unclaimed Funds Fund (Fund 543) to the Department of 11,438
Development's Minority Business Bonding Fund (Fund 449) shall 11,439
occur, if requested by the Director of Development, only if such 11,440
funds are needed for payment of losses arising from the Minority 11,441
Business Bonding Program, and only after the $2,700,000 11,442
transferred to the Minority Business Bonding Fund by the 11,443
Controlling Board in 1983 has been used for that purpose. Moneys 11,444
transferred by the Director of Commerce for this purpose may be 11,445
moneys in custodial funds held by the Treasurer of State. If 11,446
expenditures are required for payment of losses arising from the 11,447
Minority Business Bonding Program, such expenditures shall be 11,448
made from appropriation item 195-623, Minority Business Bonding 11,449
Contingency in the Minority Business Bonding Fund, and such 11,450
amounts are hereby appropriated. 11,451
Minority Business Bonding Program Administration 11,453
Investment earnings of the Minority Business Bonding Fund 11,455
(Fund 449), shall be credited to Minority Business Bonding 11,456
Program Administration Fund (Fund 450). 11,457
Ohio Minority Development Financing Advisory Board 11,459
The foregoing appropriation item 195-411, Minority 11,461
Development Financing Advisory Board, shall be used to pay 11,462
operating costs associated with the Minority Development 11,463
Financing Advisory Board. 11,464
Minority Business Enterprise Loan 11,466
Of the foregoing appropriation item 195-646, Minority 11,468
Business Enterprise Loan (Fund 4W1), not less than $500,000 in 11,470
261
each fiscal year shall be used to fund the Ohio Mini-Loan
Guarantee Program to make loan guarantees to small businesses in 11,471
an amount not to exceed fifty per cent of the total capital cost 11,472
of the project being assisted. In each fiscal year, no more than 11,473
$400,000 shall be used to pay up to 50 per cent of the operating 11,474
costs of the Minority Development Financing Advisory Board. 11,475
In fiscal year 1998 DURING THE 1997-1999 BIENNIUM, the 11,477
Director of Development shall use $250,000 from appropriation 11,479
item 195-646, Minority Business Enterprise Loan, to study 11,480
minority businesses to identify current minority business needs 11,481
and to determine how to improve Department of Development 11,482
services for minority businesses that would promote economic 11,483
development throughout the state.
All loan repayments from the Minority Development Financing 11,485
Advisory Board loan program and the Ohio Mini-Loan Guarantee 11,486
Program shall be deposited in the State Treasury, to the credit 11,487
of the Minority Enterprise Loan Fund (Fund 4W1). 11,488
Sec. 50.52. Community Schools 11,490
The foregoing appropriation item 200-455, Community 11,492
Schools, shall be paid to the Lucas County Educational Service 11,493
Center for the Superintendent to use in awarding planning and 11,494
start-up grants pursuant to this section. Of the foregoing 11,495
appropriation item 200-455, Community Schools, $150,000 in each 11,496
fiscal year may be retained by the Lucas County Educational
Service Center to pay for additional services and 11,497
responsibilities under this act AM. SUB. H.B. 215 OF THE 122nd 11,499
GENERAL ASSEMBLY, subject to the reporting of actual expenses 11,500
incurred to the Department of Education. 11,501
From the money received each year from appropriation item 11,503
200-455, Community Schools, the Superintendent of the Lucas 11,505
County Educational Service Center shall make grants to community 11,506
schools. The Superintendent shall make a grant of up to $50,000 11,507
to a proposing group with a preliminary agreement obtained under 11,508
division (B)(4)(2) of Subsection 4 of this section in order to 11,509
262
defray planning and initial start-up costs. In the first year of 11,510
operation of a community school, the Superintendent shall make a 11,511
grant of no more than $100,000 to the governing authority of the 11,512
school to partially defray additional start-up costs. The amount 11,513
of the grant shall be based on a thorough examination of the 11,514
needs of the community school. The Superintendent shall not
utilize money received under this section for any other purpose 11,515
other than those specified under this section. 11,516
The governing authority of a community school established 11,519
pursuant to this section and the Governing Board of the Lucas 11,520
County Educational Service Center may enter into an agreement, 11,521
through the adoption of identical resolutions, under which the 11,522
Service Center Board will provide services to the community 11,523
school. Services provided under the agreement and the amount and 11,524
manner in which the community school board will pay for such 11,525
services shall be mutually agreed to by the school's governing 11,526
board and the Service Center Board and shall be specified in the 11,527
service agreement. No agreement may extend beyond June 30, 2003. 11,528
The immediately following sections of law, designated as 11,530
Subsections 1 through 13, are (a) integral parts of this section 11,531
and (b) a discrete phase of this act AM. SUB. H.B. 215 OF THE 11,533
122nd GENERAL ASSEMBLY. Within the scope of this section, the 11,535
subsections are cited and referred to by only their subsection 11,536
numbers. For any other purposes, however, the subsections may be 11,537
cited and referred to by stating, first, the number of this
section and, then, following a decimal point, the number of the 11,538
subsection. For example, if this section were numbered "37.05," 11,539
Subsection 5 of this section would be cited and referred to in 11,540
the form, "Section 37.05.5 of this act AM. SUB. H.B. 215 OF THE 11,542
122nd GENERAL ASSEMBLY." 11,543
Sec. 50.52.2. (A) As used in this section: 11,545
(1) "Lucas County area" includes the entire territory of 11,548
any school district having the majority of its territory in Lucas 11,549
County.
263
(2) "Start-up school" means a community school other than 11,551
one created by converting all or part of an existing public 11,552
school, as designated in the school's contract pursuant to 11,553
division (P) of Subsection 5 of this section.
(B) The General Assembly finds that the establishment of 11,555
independent community schools throughout the state has potential 11,556
desirable effects, including providing parents a choice of 11,557
academic environments for their children and providing the 11,558
education community with the opportunity to establish limited 11,559
experimental educational programs in a deregulated setting. 11,560
However, the potential effects of a statewide system of community 11,562
schools could also generate some adverse results. Therefore, the 11,563
General Assembly finds it advisable to establish a pilot project 11,564
in the Lucas County area which will permit the operation of 11,565
community schools in a limited area of the state in order to 11,566
provide for the evaluation and measurement of the effects of 11,567
these schools.
No more than twenty start-up school contracts may be in 11,570
effect at any time under this section. The Superintendent of the 11,572
Lucas County Educational Service Center shall be responsible for 11,573
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 11,575
grade levels, and will appeal to students with a variety of 11,576
interests or characteristics in order to provide for a range of 11,577
educational experiments within the pilot project schools. Upon 11,578
entering into a preliminary agreement pursuant to Subsection 4 of 11,579
this section, the potential sponsor of a community school shall 11,580
file a copy of the preliminary agreement with the Superintendent 11,581
of the Lucas County Educational Service Center. Within 11,582
twenty-four hours of receipt of the preliminary agreement for a 11,583
start-up school, the Superintendent shall determine whether the 11,584
proposed school will add to the diversity of the pilot project 11,585
schools through offering a unique educational mission, serving 11,586
grade levels of students or students with certain characteristics 11,587
264
or interests not yet being served by other community schools, or 11,588
offering innovative instructional methods. If the school will 11,589
not add to the diversity of the pilot project schools and would 11,590
be overserving students of a certain type or grade level, the 11,591
Superintendent may reject the school's preliminary agreement and 11,592
shall immediately notify the sponsor and the proposing group or 11,593
individual. Upon entering into a community school contract, the 11,595
sponsor shall file a copy of the approved contract with that 11,596
Superintendent. Within twenty-four hours of the filing of the 11,597
contract, the Superintendent shall notify the sponsor whether 11,598
twenty start-up school contracts were already in effect at the 11,599
time of the filing. If twenty such contracts were in effect, the 11,600
contract filed by the sponsor shall be voided. 11,601
Within twenty-four hours of a request of any person, the 11,603
Superintendent shall indicate the number of preliminary 11,604
agreements for start-up schools currently outstanding and the 11,605
number of contracts currently in effect. 11,606
(C) No start-up or converted community school shall begin 11,608
operation under this section after June 30, 2000. 11,610
(D) Within ninety days of the effective date of this 11,612
section NOT LATER THAN SEPTEMBER 28, 1997, the Director of the 11,613
Legislative Office of Education Oversight, in consultation with 11,614
the Superintendent of the Lucas County Educational Service 11,615
Center, a classroom teacher appointed by the board of the Ohio 11,616
Education Association, a classroom teacher appointed by the board 11,617
of the Ohio Federation of Teachers, and a classroom teacher who 11,618
is a member of neither of these organizations selected by that 11,619
Superintendent, shall develop a study design for the evaluation 11,620
of the pilot project schools and the overall effects of the 11,621
community school pilot project. The study design shall include 11,622
the criteria that the Office will use to determine the positive 11,623
and negative effects of the project overall, and the success or 11,624
failure of individual community schools. The design shall 11,625
include a description of the data that must be collected by the 11,626
265
Superintendent and by each community school and sponsor and a 11,627
timeline for the collection of the data. THE DIRECTOR SHALL
ADAPT THE STUDY DESIGN PREPARED UNDER THIS SUBSECTION FOR USE IN 11,628
EVALUATING COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 11,629
THE REVISED CODE, AS WELL AS THE LUCAS COUNTY PILOT PROJECT 11,630
COMMUNITY SCHOOLS. THE OFFICE SHALL NOTIFY EACH COMMUNITY SCHOOL 11,631
OF THE DATA THAT MUST BE COLLECTED AND THE TIMELINE FOR 11,632
COLLECTION OF THE DATA. Data shall be collected at regular 11,633
intervals, but no evaluation of the results of data collected 11,634
shall be made by the Office prior to June 2001. A preliminary 11,635
report, together with any recommendations to improve the project 11,636
COMMUNITY SCHOOLS, shall be issued to the Speaker of the House of 11,637
Representatives and the President of the Senate by June 30, 2001. 11,638
A final report, with recommendations as to the future of 11,639
community schools in Ohio, shall be made to the Speaker and 11,640
President by June 1, 2003.
Sec. 50.52.4. (A) As used in this section, "sponsor" 11,643
means a school district located in the Lucas County area, the 11,644
Lucas County Educational Service Center, or the University of 11,645
Toledo College of Education BOARD OF TRUSTEES OR ITS DESIGNEE 11,646
with which the governing authority of a proposed community school 11,647
enters into a contract pursuant to this subsection. 11,648
(B)(1) Any individual or group of individuals may propose 11,650
the establishment of a community school to the board of education 11,651
of the Lucas County area city, local, or exempted village school 11,652
district in which the community school is proposed to be located. 11,654
If such city, local, or exempted village board wishes to sponsor 11,655
the school, the board and the proposing individual or group shall 11,656
sign a preliminary agreement pursuant to division (B)(4) of this 11,657
subsection and the board shall enter into negotiations for the 11,658
contract required by division (C) of this subsection. 11,659
If such city, local, or exempted village board does not 11,661
enter into a preliminary agreement within thirty calendar days of 11,662
the date on which the initial proposal was made to it by the 11,663
266
proposing individual or group, or if the board directly notifies 11,664
the proposing individual or group at any time that it does not 11,665
wish to sponsor the community school, the individual or group may 11,666
instead propose the establishment of a community school to either 11,667
ANY of the following public entities: 11,668
(a) THE BOARD OF EDUCATION OF ANY LUCAS COUNTY AREA CITY, 11,671
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH THE COMMUNITY
SCHOOL IS PROPOSED TO BE LOCATED, OR, IF THE PROPOSED COMMUNITY 11,673
SCHOOL WOULD UTILIZE A FACILITY LOCATED OUTSIDE THE LUCAS COUNTY 11,676
AREA BUT WITHIN A COUNTY CONTIGUOUS TO LUCAS COUNTY AS PERMITTED 11,678
IN SUBSECTION 7 OF THIS SECTION, TO THE BOARD OF EDUCATION OF ANY 11,679
LUCAS COUNTY AREA CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL 11,682
DISTRICT; 11,683
(b) The Governing Board of the Lucas County Educational 11,685
Service Center; 11,686
(b)(c) The governing A SPONSORING authority DESIGNATED BY 11,689
THE BOARD OF TRUSTEES of the University of Toledo College of 11,691
Education OR THE BOARD ITSELF.
Such BOARD OF EDUCATION, governing board, or SPONSORING 11,694
authority may enter into a preliminary agreement pursuant to 11,695
division (B)(4)(2) of this subsection with the proposing person 11,698
or group AND ENTER INTO NEGOTIATIONS FOR THE CONTRACT REQUIRED BY 11,699
DIVISION (C) OF THIS SUBSECTION.
ANY PUBLIC ENTITY TO WHICH AN INDIVIDUAL OR A GROUP OF 11,701
INDIVIDUALS PROPOSES THE ESTABLISHMENT OF A COMMUNITY SCHOOL 11,702
PURSUANT TO THIS SECTION SHALL NOTIFY THAT INDIVIDUAL OR GROUP OF 11,703
INDIVIDUALS WITHIN THIRTY CALENDAR DAYS AFTER THE INDIVIDUAL OR 11,704
GROUP OF INDIVIDUALS HAS DELIVERED ITS PROPOSAL OF THE ENTITY'S
DECISION WHETHER OR NOT TO ENTER INTO A PRELIMINARY AGREEMENT TO 11,706
ESTABLISH THE PROPOSED COMMUNITY SCHOOL.
(2) An employee or group of employees of the Lucas County 11,708
Educational Service Center may propose the establishment of a 11,709
community school to the Governing Board of the Center. If the 11,710
Board wishes to sponsor the school, the Board and any proposing 11,711
267
employees shall sign a preliminary agreement pursuant to division 11,713
(B)(4) of this subsection and the Board shall enter into
negotiations for the contract required by division (C) of this 11,714
subsection. 11,715
(3) An employee or group of employees of the University of 11,717
Toledo College of Education may propose the establishment of a 11,719
community school to the governing authority of the College. If 11,720
the authority wishes to sponsor the school, the authority and any 11,721
proposing employees shall sign a preliminary agreement pursuant 11,722
to division (B)(4) of this subsection and the authority shall 11,723
enter into negotiations for the contract required by division (C) 11,724
of this subsection.
(4) A preliminary agreement indicates the intention of a 11,726
public entity described in this subsection to sponsor the 11,728
community school. Unless the Superintendent of the Lucas County 11,729
Educational Service Center rejects the preliminary agreement 11,730
pursuant to Subsection 2 of this section, a proposing individual 11,731
or group that has such a preliminary agreement may proceed to 11,732
finalize plans for the school, establish a governing authority 11,733
for the school, and negotiate a contract with the public entity. 11,734
Provided the proposing individual or group adheres to the 11,735
preliminary agreement and all provisions of this section, the 11,736
public entity shall negotiate in good faith to enter into a 11,737
contract in accordance with division (C) of this subsection. 11,738
(5)(3) At any time after the expiration of a 11,740
sixty-calendar-day period following the signing of a preliminary 11,742
agreement by a city, local, or exempted village board AN ENTITY 11,743
and a proposing individual or group, the proposing individual or 11,745
group may cancel the preliminary agreement and may instead 11,746
propose the establishment of the school to the Lucas County 11,747
Educational Service Center or the University of Toledo College of 11,748
Education ANOTHER ENTITY unless one of the following occurs: 11,750
(a) The school district board ENTITY and the governing 11,752
authority of the proposed community school mutually agree to and 11,754
268
sign a contract meeting the requirements of Subsection 5 of this 11,755
section;
(b) The school district board ENTITY and the individual or 11,757
group proposing the school mutually agree to extend the period 11,759
for negotiation of a contract meeting the requirements of 11,760
Subsection 5 of this section. 11,761
(C) A majority vote of the appropriate public entity and a 11,764
majority vote of the members of the governing authority of a 11,765
community school shall be required to adopt a contract and 11,766
establish the community school. Except as limited in Subsection 11,767
2 of this section, an unlimited number of community schools may 11,768
be established in any one school district provided that a 11,769
contract is entered into for each community school pursuant to 11,770
this section.
(D) Prior to entering into a contract under this section, 11,772
a potential sponsor shall determine whether the proposed 11,773
community school consists of a facility and governing board that 11,774
is substantially the same as the facility and governing board of 11,775
a nonpublic school in existence on January 1, 1997. If the 11,776
potential sponsor determines the facility and board to be 11,777
substantially the same, it shall not enter into a contract with 11,778
the governing authority of the school. Upon request of a 11,779
potential sponsor, the Office of the Secretary of State shall 11,780
provide any records filed with that office that are relevant to a 11,781
determination under this subsection. The Secretary of State may 11,783
charge the potential sponsor a reasonable fee for any information 11,784
provided under this division. 11,785
Sec. 50.52.7. Any facility used for a community school 11,787
shall meet all health and safety standards established by law for 11,789
school buildings.
In the case where a community school is proposed to be 11,791
located in a facility owned by a school district or the Lucas 11,792
County Educational Service Center, the facility may not be used 11,793
for such community school unless the district or service center 11,794
269
board owning the facility enters into an agreement to lease the 11,795
facility to the governing authority of the community school. 11,796
Such lease may be under any terms and conditions agreed to by the 11,797
district or service center board and the school. 11,798
A COMMUNITY SCHOOL OPERATED PURSUANT TO THIS SECTION MAY 11,800
UTILIZE ANY FACILITY LOCATED ANYWHERE WITHIN THE LUCAS COUNTY 11,803
AREA AS DEFINED IN THIS SECTION OR ANYWHERE WITHIN ANY COUNTY 11,804
CONTIGUOUS TO LUCAS COUNTY. 11,806
Sec. 50.52.9. (A) The expiration of the contract for a 11,808
community school between a sponsor and a school shall be the date 11,810
provided in the contract. A successor contract may be entered 11,811
into unless the contract is terminated or not renewed pursuant to
this subsection. However, no contract shall extend beyond June 11,812
30, 2003.
(B)(1) A sponsor may choose not to renew a contract at its 11,814
expiration or may choose to terminate a contract prior to its 11,815
expiration for any of the following reasons: 11,816
(a) Failure to meet student performance requirements 11,819
stated in the contract;
(b) Failure to meet generally accepted standards of fiscal 11,821
management; 11,822
(c) Violation of any provision of the contract or 11,825
applicable state or federal law;
(d) Other good cause. 11,827
A termination shall be effective only at the conclusion of 11,829
the instructional year. 11,830
(2) At least sixty ONE HUNDRED EIGHTY days prior to the 11,832
termination or nonrenewal of a contract, the sponsor shall notify 11,834
the school of the proposed action in writing. The notice shall 11,835
include the reasons for the proposed action in detail and that 11,836
the school may, within fourteen days of receiving the notice, 11,837
request an informal hearing before the sponsor. Such request 11,838
must be in writing. 11,839
(3) A decision by a sponsoring board of education or the 11,841
270
University of Toledo College of Education to terminate a 11,842
community school contract may be appealed to the Superintendent 11,843
of the Lucas County Educational Service Center. A decision by 11,844
the Lucas County Educational Service Center to terminate a 11,845
contract of a school it sponsors may be appealed to the State
Board of Education. The decision by the Superintendent or the 11,847
State Board, as applicable, pertaining to an appeal under this 11,848
division is final.
(C) A child attending a community school whose contract 11,850
has been terminated or nonrenewed or that closes for any reason 11,852
shall be admitted to the schools of the district in which the 11,853
child is entitled to attend under section 3313.64 or 3313.65 of 11,854
the Revised Code. Any deadlines established for the purpose of 11,855
admitting students under section 3313.97 or 3313.98 of the 11,856
Revised Code shall be waived for students to whom this division 11,857
pertains.
(D) Notwithstanding anything to the contrary in section 11,859
2744.02 of the Revised Code, a sponsor of a community school and 11,860
the officers, directors, or employees of such a sponsor are not 11,861
liable in damages in a tort or other civil action for harm 11,862
allegedly arising from either of the following:
(1) A failure of the community school or any of its 11,864
officers, directors, or employees to perform any statutory or 11,865
common law duty or responsibility or any other legal obligation; 11,866
(2) An action or omission of the community school or any 11,868
of its officers, directors, or employees that results in harm. 11,869
(E) As used in this subsection: 11,871
(1) "Harm" means injury, death, or loss to person or 11,873
property.
(2) "Tort action" means a civil action for damages for 11,875
injury, death, or loss to person or property other than a civil 11,876
action for damages for a breach of contract or another agreement 11,877
between persons.
Sec. 58. EPA ENVIRONMENTAL PROTECTION AGENCY 11,879
271
General Revenue Fund 11,881
GRF 716-321 Central 11,884
Administration $ 3,688,765 $ 3,780,221 11,886
3,865,221 11,887
GRF 717-321 Water Quality 11,889
Planning and
Assessment $ 7,783,614 $ 8,133,514 11,891
7,748,614 11,892
GRF 718-321 Ground Water $ 1,035,597 $ 1,098,797 11,896
GRF 719-321 Air Pollution Control $ 2,608,893 $ 2,673,946 11,900
GRF 721-321 Public Water System 11,902
Supervision $ 2,857,608 $ 2,939,948 11,904
GRF 724-321 Pollution Prevention $ 630,799 $ 630,799 11,908
GRF 725-321 Laboratory $ 1,116,505 $ 1,145,330 11,912
GRF 726-321 Corrective Actions $ 304,462 $ 281,279 11,916
GRF 715-501 Local Air Pollution 11,918
Control $ 1,398,489 $ 1,437,647 11,920
GRF 715-503 Science Advisory 11,922
Program $ 500,000 $ 500,000 11,924
450,000 11,925
GRF 715-504 Special Sanitary 11,927
District Distress
Fund $ 3,000,000 $ 0 11,929
TOTAL GRF General Revenue Fund $ 24,924,732 $ 22,621,481 11,932
24,839,732 22,706,481 11,933
General Services Fund Group 11,936
199 715-602 Laboratory Services $ 700,000 $ 700,000 11,941
4A1 715-640 Sale of Goods and 11,943
Services $ 3,148,826 $ 3,148,680 11,945
491 715-665 MOVING EXPENSES $ 0 $ 1,358,168 11,949
TOTAL GSF General Services 11,950
Fund Group $ 3,848,826 $ 3,848,680 11,953
5,206,848 11,954
Federal Special Revenue Fund Group 11,957
272
3F2 715-630 State Revolving Loan 11,960
Fund - Operating
Expenses $ 3,733,024 $ 3,821,161 11,962
3F3 715-632 PCB Toxics $ 3,584,637 $ 3,571,485 11,966
3F4 715-633 Water Quality 11,968
Management $ 934,238 $ 624,238 11,970
3F5 715-641 Nonpoint Source 11,972
Pollution Management $ 4,339,154 $ 4,197,440 11,974
3J1 715-620 Urban Stormwater $ 461,309 $ 589,109 11,978
3J5 715-615 Maumee River $ 1,183,511 $ 600,734 11,982
3K2 715-628 Clean Water Act 106 $ 2,535,049 $ 2,784,249 11,986
3K3 715-637 DOE Agreement in 11,988
Principle $ 1,932,687 $ 1,988,973 11,990
3K4 715-634 DOD Base 11,992
Realignment/Closure
Grant $ 861,500 $ 861,500 11,994
3K6 715-639 Remedial Action Plan $ 510,493 $ 723,887 11,998
3M5 715-652 Haz Mat Transport 12,000
Uniform Safety $ 268,745 $ 276,707 12,002
3N1 715-655 Pollution Prevention 12,004
Grants $ 90,000 $ 90,000 12,006
3N4 715-657 DOE Cost Recovery 12,008
Grants $ 3,098,920 $ 3,137,675 12,010
352 715-611 Wastewater Pollution $ 349,132 $ 395,000 12,014
353 715-612 Public Water Supply $ 2,308,500 $ 2,308,500 12,018
354 715-614 Hazardous Waste 12,020
Management $ 4,678,123 $ 4,678,123 12,022
356 715-616 Indirect Costs $ 3,600,000 $ 3,600,000 12,026
357 715-619 Air Pollution Control $ 3,074,005 $ 2,876,047 12,030
362 715-605 Underground Injection 12,032
Control $ 119,000 $ 119,000 12,034
TOTAL FED Federal Special Revenue 12,035
Fund Group $ 37,662,027 $ 37,243,828 12,038
State Special Revenue Fund Group 12,041
273
4C3 715-647 Central Support 12,044
Indirect $ 7,254,006 $ 7,437,442 12,046
4D7 715-603 Natural Resources 12,048
Damage Assessment $ 86,610 $ 86,610 12,050
4G3 715-618 Jennison Wright 12,052
Cleanup $ 140,352 $ 140,352 12,054
4J0 715-638 Underground Injection 12,056
Control $ 321,139 $ 329,488 12,058
4K2 715-648 Clean Air $ 1,863,000 $ 1,863,000 12,062
4K3 715-649 Solid Waste $ 9,960,931 $ 9,037,732 12,066
4K4 715-650 Surface Water 12,068
Protection $ 6,985,194 $ 6,985,194 12,070
4K5 715-651 Drinking Water 12,072
Protection $ 4,799,522 $ 3,945,546 12,074
4P5 715-654 Cozart Landfill $ 130,000 $ 130,000 12,078
4R5 715-656 Scrap Tire Management $ 4,255,459 $ 4,243,359 12,082
4R9 715-658 Voluntary Action 12,084
Program $ 1,345,567 $ 1,269,754 12,086
4T3 715-659 Title V Permit 12,088
Program $ 11,000,000 $ 10,900,000 12,090
4U7 715-660 Construction & 12,092
Demolition Debris $ 300,160 $ 300,160 12,094
4V8 715-663 Microdot Settlement $ 40,000 $ 0 12,098
500 715-608 Immediate Removal 12,100
Special Account $ 591,800 $ 599,639 12,102
503 715-621 Hazardous Waste 12,104
Facility Management $ 7,580,537 $ 7,901,421 12,106
503 715-661 Hazardous Waste 12,108
Facility Cleanup $ 3,123,667 $ 3,173,266 12,110
503 715-662 Hazardous Waste 12,112
Facility Board $ 796,573 $ 810,122 12,114
505 715-623 Hazardous Waste 12,116
Clean-up $ 18,444,873 $ 17,852,771 12,118
6A1 715-645 Environmental 12,120
274
Education $ 2,119,976 $ 2,125,114 12,122
602 715-626 Motor Vehicle 12,124
Inspection and
Maintenance $ 2,301,013 $ 2,390,569 12,126
644 715-631 ER Radiological 12,128
Safety $ 198,095 $ 190,451 12,130
660 715-629 Infectious Wastes 12,132
Management $ 179,630 $ 120,480 12,134
678 715-635 Air Toxic Release $ 272,236 $ 290,016 12,138
679 715-636 Emergency Planning $ 1,799,000 $ 1,849,372 12,142
676 715-642 Water Pollution 12,144
Control Loan
Administration $ 0 $ 1,060,000 12,146
696 715-643 Air Pollution Control 12,148
Administration $ 740,000 $ 750,000 12,150
699 715-644 Water Pollution 12,152
Control
Administration $ 500,000 $ 500,000 12,154
TOTAL SSR State Special Revenue 12,155
Fund Group $ 87,129,340 $ 86,281,858 12,158
TOTAL ALL BUDGET FUND GROUPS $ 153,564,925 $ 149,995,847 12,161
153,479,925 151,439,015 12,162
Cash Transfer from Hazardous Waste Funds to Solid Waste 12,165
Fund
Notwithstanding any other provision of law to the contrary, 12,167
the Director of Budget and Management shall transfer $882,619 12,168
cash from Fund 503, Hazardous Waste Facility Management and 12,169
$882,619 from Fund 505, Hazardous Waste Clean-up, to Fund 4K3, 12,171
Solid Waste.
Special Sanitary District Distress Fund 12,173
Of the foregoing appropriation item, GRF 715-504, Special 12,175
Sanitary District Distress Fund, $3,000,000 in fiscal year 1998 12,176
shall be used exclusively to abate or correct unsanitary 12,177
conditions in a special sanitary district created under section 12,178
275
1541.21 of the Revised Code concerning which the Director of 12,179
Environmental Protection has issued proposed Administrative 12,180
Orders prior to April 1994, but has not issued Final 12,181
Administrative Orders. The Special Sanitary District Distress 12,182
Fund shall be abolished on June 30, 1999, or whenever the balance 12,184
in the fund is $0, whichever occurs earlier.
Area-Wide Planning Agencies 12,186
Of the foregoing appropriation item, GRF 717-321, Water 12,188
Quality Planning and Assessment, $450,000 in fiscal year 1998 and 12,189
$450,000 in fiscal year 1999 shall be divided evenly between the 12,190
following six area-wide planning agencies: Eastgate Development 12,191
and Transportation Agency, Toledo Metropolitan Area Council of 12,192
Governments, Northeast Ohio Four County Regional Planning and 12,193
Development Organization, Northeast Ohio Areawide Coordinating 12,194
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 12,195
and Miami Valley Regional Planning Commission. 12,196
Hazardous Waste Study Committee 12,198
The Director of Environmental Protection shall review the 12,200
funding needs and program activities of the Division of Hazardous 12,202
Waste Management and the Division of Emergency and Remedial 12,203
Response and present that information to an advisory committee 12,204
established by the Director. The committee shall be composed of 12,205
three representatives of the Environmental Protection Agency, two 12,206
representatives of permitted hazardous waste facilities, two 12,207
representatives of industry involved in emergency and remedial 12,208
response, and two representatives of state-wide environmental 12,209
advocacy organizations. The committee shall make recommendations 12,210
to the Director regarding funding needs and program activities. 12,211
The Director shall report the committee's recommendations to the 12,212
Speaker of the House of Representatives and the President of the 12,213
Senate not later than October 1, 1998. 12,214
Scrap Tire Program 12,216
Of the foregoing appropriation item Fund 4R5, 715-656 Scrap 12,218
Tire Management, $400,000 in fiscal year 1998 and $400,000 in 12,219
276
fiscal year 1999 shall be used to fund a tire development and 12,220
reprocessing project. 12,221
Harrison County Garage Environmental Assessment 12,223
Of the foregoing appropriation item GRF 726-321, Corrective 12,226
Actions, $30,000 in fiscal year 1998 shall be used to fund the 12,227
Harrison County Garage environmental assessment.
MOVING EXPENSES 12,229
THERE IS HEREBY CREATED IN THE STATE TREASURY THE MOVING 12,232
EXPENSES FUND. THE FUND SHALL CONSIST OF CASH BALANCES
TRANSFERRED FROM EXISTING FUNDS NOT ALREADY OBLIGATED TO PAY 12,233
EXISTING OBLIGATIONS. THE FUND SHALL BE USED TO PAY THE MOVING 12,234
EXPENSES OF THE ENVIRONMENTAL PROTECTION AGENCY INTO NEW 12,235
FACILITIES. 12,236
NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, 12,238
THE DIRECTOR OF ENVIRONMENTAL PROTECTION, WITH THE APPROVAL OF 12,240
THE DIRECTOR OF BUDGET AND MANAGEMENT, MAY TRANSFER CASH BALANCES 12,241
NOT ALREADY OBLIGATED TO OTHER OBLIGATIONS INTO THE MOVING 12,242
EXPENSES FUND.
Sec. 62.01. Child and Family Health Services 12,244
Of the foregoing appropriation item 440-416, Child and 12,246
Family Health Services, $1,300,000 in each fiscal year shall be 12,247
used for family planning services. None of the funds received 12,249
through these family planning grants shall be used to provide 12,251
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 12,252
except in the case of a medical emergency. These funds shall be 12,253
distributed on the basis of the relative need in the community 12,254
served by the Director of Health to family planning programs, 12,255
which shall include family planning programs funded under Title V 12,256
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 12,258
301, as amended, and Title X of the "Public Health Services Act," 12,259
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 12,260
other family planning programs which the Department of Health 12,261
also determines will provide services that do not include
277
referrals for abortion, other than in the case of medical 12,262
emergency, with state funds, but that otherwise substantially 12,263
comply with the quality standards for such programs under Title V 12,264
and Title X.
The Director of Health shall, by regulation, provide 12,266
reasonable methods by which a grantee wishing to be eligible for 12,267
federal funding may comply with these requirements for state 12,268
funding without losing its eligibility for federal funding. 12,269
Of the foregoing appropriation item 440-416, Child and 12,271
Family Health Services, $25,000 in fiscal year 1998 shall be used 12,272
by the Preble County Commission to conduct a study to determine 12,273
if a Wellness Center should be established in Preble County. Any 12,274
unused funds shall be credited to appropriation item 440-416, 12,275
Child and Family Health Services. 12,276
Of the foregoing appropriation item 440-416, Child and 12,278
Family Health Services, $47,000 in fiscal year 1998 shall be used 12,279
by the Monroe County Health Planning Council. 12,280
Of the foregoing appropriation item 440-416, Child and 12,282
Family Health Services, $150,000 in each fiscal year shall be 12,283
used to provide malpractice insurance for physicians and other 12,285
health professionals providing prenatal services in programs 12,286
funded by the Ohio Department of Health. 12,287
Of the foregoing appropriation item 440-416, Child and 12,289
Family Health Services, $650,000 in each fiscal year shall be 12,291
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 12,293
Family Health Services, $200,000 shall be used in each fiscal 12,295
year for the OPTIONS dental care access program. 12,296
Of the foregoing appropriation item 440-416, Child and 12,298
Family Health Services, $25,000 shall be used by the Carroll 12,299
County Health Department.
Of the foregoing appropriation item 440-416, Child and 12,301
Family Health Services, $50,000 in each fiscal year shall be used 12,303
by the Cuyahoga County Health Department for the development of a 12,304
278
Pulmonary Hemosiderosis Prevention Program.
Prevention 12,306
Of the foregoing appropriation item 440-451, Prevention, 12,308
$100,000 shall be used in each fiscal year for rape prevention 12,310
programs.
Of the foregoing appropriation item 440-451, Prevention, 12,312
$54,500 in fiscal year 1998 and $49,820 in fiscal year 1999 shall 12,314
be used by the Miami Valley Youth Health Improvement Coalition to 12,315
prevent youths from cigarette or marijuana use and from alcohol 12,316
consumption. These funds shall be made available for use in the 12,317
following counties: Champaign, Clark, Darke, Greene, Miami, 12,318
Montgomery, Preble, and Shelby.
Hemophilia AIDS Prevention 12,320
Of the foregoing appropriation, 440-406, Hemophilia 12,322
Services, $235,000 in fiscal year 1998 and $245,000 in fiscal 12,323
year 1999 shall be used by the Ohio Department of Health to 12,324
provide grants to the nine hemophilia treatment centers to 12,325
provide prevention services for persons with hemophilia and their 12,326
family members affected by AIDS and other bloodborne pathogens. 12,327
HIV/AIDS Prevention/Protease Inhibitors 12,329
Of the foregoing appropriation item 440-444, AIDS 12,331
Prevention/AZT, $3.0 million in fiscal year 1998 and $3.9 million 12,332
in fiscal year 1999 shall be used to assist persons with HIV/AIDS 12,334
in acquiring protease inhibitor drugs.
Hemophilia Insurance Pilot Project 12,336
Of the foregoing appropriation item 440-406, Hemophilia 12,338
Services, $205,000 in each fiscal year shall be used to implement 12,339
the Hemophilia Insurance Pilot Project. 12,340
Maternal Child Health Block Grant 12,342
Of the foregoing appropriation item 440-601, Maternal Child 12,344
Health Block Grant (Fund 320), $2,091,299 shall be used in each 12,345
fiscal year for the purposes of abstinence-only education. The 12,346
Director of Health shall develop guidelines for the establishment 12,347
of abstinence programs for teenagers with the purpose of
279
decreasing unplanned pregnancies and abortion. Such guidelines 12,348
shall be pursuant to Title V of the "Social Security Act," 42 12,349
U.S.C.A. 510 and shall include, but are not limited to, 12,350
advertising campaigns and direct training in schools and other 12,351
locations.
Medically Handicapped Children Audit 12,353
The Medically Handicapped Children Audit Fund (Fund 477) 12,355
shall receive revenue from audits of hospitals and recoveries 12,356
from third-party payors. Funds may be expended for payment of 12,357
audit settlements and for costs directly related to obtaining 12,358
recoveries from third-party payors and for encouraging Program 12,359
for Medically Handicapped Children recipients to apply for 12,360
third-party benefits. Funds also may be expended for payments 12,361
for diagnostic and treatment services on behalf of medically 12,362
handicapped children, as defined in division (A) of section 12,363
3701.022 of the Revised Code, Ohio residents who are twenty-one 12,364
or more years of age and who are suffering from cystic fibrosis. 12,365
Medically Handicapped Children - County Assessments 12,368
The foregoing appropriation item, 440-607, Medically 12,370
Handicapped Children - County Assessments, shall be used to make 12,371
payments pursuant to division (E) of section 3701.023 of the 12,372
Revised Code. 12,373
Sickle Cell Fund 12,375
The foregoing State Special Revenue Fund Group 12,377
appropriation item 440-610, Sickle Cell Disease Control (Fund 12,378
4F9), shall be used by the Department of Health to administer 12,379
programs authorized by section 3701.131 of the Revised Code. The 12,380
source of the funds is as specified in section 3701.23 of the 12,381
Revised Code. 12,382
Cancer Registry System 12,384
The foregoing appropriation item 440-412, Cancer Incidence 12,386
Surveillance System, shall be used to establish and maintain a 12,387
cancer registry system within the Department of Health pursuant 12,388
to sections 3701.261 to 3701.263 of the Revised Code. In each 12,389
280
fiscal year of the biennium, $50,000 of line item 440-412 shall
be used as an operating subsidy for the Cleveland Cancer Data 12,390
Systems.
Genetics Services 12,392
The foregoing State Special Revenue Fund Group 12,394
appropriation item 440-608, Genetics Services (Fund 4D6), shall 12,395
be used by the Department of Health to administer programs 12,396
authorized by sections 3701.501 and 3701.502 of the Revised Code. 12,397
Sudden Infant Death Syndrome 12,399
A portion of the foregoing appropriation item 440-601, 12,401
Maternal and Child Health Block Grant (Fund 320), shall be used 12,402
to ensure that current information on sudden infant death 12,403
syndrome is available for distribution by local health districts. 12,404
Poison Control Network 12,406
Of the foregoing appropriation, 440-504, Poison Control 12,408
Network, all available funds in each fiscal year shall be used by 12,409
the Ohio Department of Health for grants to the consolidated Ohio 12,410
Poison Control Center to provide poison control services to Ohio 12,412
citizens.
Of the foregoing appropriation item 440-504, Poison Control 12,415
Network, $250,000 in fiscal year 1998 and $250,000 in fiscal year 12,416
1999 shall be used to consolidate the poison control centers in 12,417
Ohio in a single location in Hamilton County.
Tuberculosis 12,419
The foregoing appropriation item 440-506, Tuberculosis, 12,421
shall be used to make payments to counties pursuant to section 12,422
339.43 of the Revised Code.
Child and Family Health Services ISTV 12,424
The Director of Budget and Management shall transfer cash 12,426
from Fund 3P8, Disproportionate Share, to the Department of 12,427
Health Fund 5E1, Health Services, in an amount of $14,800,000. 12,428
This amount shall be used for the following purposes: $4,900,000 12,429
shall be used in fiscal years 1998 and 1999 for rabies 12,430
prevention; $1,000,000 in each fiscal year shall be disbursed to 12,431
281
the local Child and Family Health Services Clinics to provide 12,433
services to uninsured low-income persons; $1,500,000 in each 12,434
fiscal year to Federally Qualified Health Centers and federally 12,435
designated look-alikes to provide services to uninsured 12,436
low-income persons; $1,000,000 in each fiscal year shall be used 12,437
for the diagnosis and treatment of sexually transmitted diseases; 12,438
and $700,000 in each fiscal year for family planning services. 12,440
None of the funds received through family planning grants under 12,441
appropriation item 440-624, Health Services (Fund 5E1), shall be
used to provide abortion services. None of the funds received 12,442
through family planning grants under appropriation item 440-624, 12,443
Health Services (Fund 5E1), shall be used for referrals for 12,444
abortion, except in the case of a medical emergency. These funds 12,445
shall be distributed on the basis of the relative need in the 12,447
community served by the Director of Health to family planning
programs, which shall include family planning programs funded 12,448
under Title V of the "Social Security Act," 49 Stat. 620 (1935), 12,449
42 U.S.C.A. 301, as amended, and Title X of the "Public Health 12,450
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, 12,451
as well as to other family planning programs which the Department 12,452
of Health also determines will provide services that do not 12,453
include referrals for abortion, other than in the case of medical 12,454
emergency, with state funds, but that otherwise substantially 12,455
comply with the quality standards for such programs under Title V 12,456
and Title X.
The Director of Health shall, by regulation, provide 12,458
reasonable methods by which a grantee wishing to be eligible for 12,459
federal funding may comply with these requirements for state 12,460
funding without losing its eligibility for federal funding. The 12,461
Director of Health shall adopt rules for the use of these funds 12,462
by September 30, 1997.
The Director of Health shall require recipients of these 12,464
funds to acknowledge that Fund 5E1, Health Services, does not 12,465
have a revenue source beyond this biennium and that there is no 12,466
282
assurance that funding for these initiatives will continue in the 12,468
next biennium.
Public Health 12,470
Of the foregoing appropriation item 440-624, Health 12,472
Services, $500,000 in fiscal year 1998 and $1,000,000 in fiscal 12,473
year 1999 shall be transferred to the Ohio State University 12,474
College of Medicine and Public Health. The funds shall support 12,475
the development of statewide public health initiatives that are 12,476
consistent with the "Ohio Public Health Plan: Strategies to 12,477
Implement the Five Point Plan," including the development of data 12,479
collection mechanisms and data processes to track and evaluate 12,480
public health programs and outcomes. The College of Medicine and 12,481
Public Health shall work in collaboration with the Department of 12,482
Health and the local departments of health to provide 12,483
consultative program development and design services in health 12,484
behavior, health promotion, epidemiology, biometrics, health 12,485
services and management, and environmental health sciences. 12,486
Measurable outcome-based initiatives shall be developed in a 12,487
minimum of the following areas: childhood immunizations; 12,488
emerging infectious diseases; women's health issues; the 12,489
prevention of teenage pregnancy; improved outcomes of pregnancy; 12,490
and the value of nutritional education and dietary modification 12,491
as a strategy for the prevention of heart disease and cancer. 12,492
The Director of Health shall require The Ohio State 12,494
University College of Medicine and Public Health to acknowledge 12,495
that Fund 5E1, Health Services, does not have a revenue source 12,496
beyond this biennium and that there is no assurance that funding 12,497
for these initiatives will continue in the next biennium. 12,498
AIDS Drug Reimbursement Program 12,500
Of the foregoing appropriation item 440-444, AIDS 12,502
Prevention/AZT, $124,500 in fiscal years 1998 and 1999 shall be 12,503
used for the AIDS Drug Reimbursement Program and section 3701.241 12,505
of the Revised Code and Title XXVI of the "Public Health Services 12,506
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 12,507
283
Department of Health is authorized to promulgate rules pursuant 12,508
to section 111.15 and Chapter 119. of the Revised Code as 12,509
necessary for the administration of the program. 12,510
Ohio Early Start Program 12,512
The foregoing appropriation item 440-459, Ohio Early Start, 12,514
shall be used to provide services to children under age three who 12,515
are at risk of developmental delay or child abuse and neglect. 12,516
Funds shall be allocated with the approval of the Family and 12,517
Children First Cabinet Council and pursuant to rules adopted in 12,518
accordance with Chapter 119. of the Revised Code.
Ohio Health Care Data System 12,520
Of the foregoing appropriation item, 440-413, Ohio Health 12,522
Care Data System, the Director of Health may distribute up to 12,524
$450,000 in each fiscal year to the Ohio Corporation for Health 12,525
Information to expand the electronic data interchange effort and 12,526
for special projects.
Transfer of Laboratory Services 12,528
The Director of Health shall contract with The Ohio State 12,531
University to perform the state laboratory testing, analytical 12,532
duties and any other related functions currently performed by the 12,533
Bureau of Laboratories at the Department of Health. 12,534
Osteoporosis Awareness Program 12,536
Grants from pharmaceutical companies, and others, that are 12,538
credited to appropriation item 440-609, Non-Governmental Revenue 12,539
(Fund 4L3), for the purpose of osteoporosis awareness and 12,540
appropriations in line item 440-402, Osteoporosis Awareness, are 12,541
to be used by the Office of Women's Health Initiatives to 12,542
implement an Osteoporosis Awareness Program.
CENTRAL SUPPORT INDIRECT FUND CASH TRANSFER 12,547
ON OR BEFORE JUNE 30, 1998, AT THE REQUEST OF THE DIRECTOR 12,550
OF HEALTH, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER 12,552
CASH IN AN AMOUNT UP TO $600,000 FROM THE CENTRAL SUPPORT 12,553
INDIRECT FUND (FUND 211) TO THE LAB HANDLING FEE FUND (FUND 473) 12,555
AND INCREASE APPROPRIATION ITEM 440-622, LAB HANDLING FEE, BY AN 12,556
284
EQUIVALENT AMOUNT.
CERTIFICATE OF NEED FUND USES 12,559
IN ADDITION TO USES CITED IN DIVISION (B) OF SECTION 12,561
3702.52 OF THE REVISED CODE, IN FISCAL YEAR 1999 THE DIRECTOR OF 12,562
HEALTH MAY USE THE CERTIFICATE OF NEED FUND (FUND 471) TO 12,563
ADMINISTER SECTIONS 3702.11 TO 3702.20 AND 3702.30 OF THE REVISED 12,564
CODE.
Sec. 67.08. Study on Transfer of Assets and the Medicaid 12,568
Estate Recovery Program 12,569
The Department of Human Services shall conduct a study, or 12,571
contract for a study to be conducted, for the purpose of 12,572
determining the extent to which applicants for nursing home 12,573
services paid for through the Medicaid program are transferring 12,574
their assets for less than fair market value as a means of 12,575
avoiding depletion of their assets for their own support prior to 12,577
becoming eligible for Medicaid. The study shall include an
analysis of the Medicaid estate recovery program, including a 12,578
compilation of data regarding the follwing FOLLOWING: the 12,579
frequency of homestead property being available for recovery, the 12,580
amount spent on the estate recovery program in comparison to the 12,581
amount actually recovered, and the experience of other states in 12,583
operating Medicaid estate recovery programs. The study shall 12,584
include any recommendations for legislative changes that would 12,585
either deter the occurrence of pre-eligibility asset transfers or 12,586
enhance the efficacy of the Department's Medicaid estate recovery 12,587
program. Results of the study shall be filed by January 1, 1999, 12,588
with the Governor, the Speaker of the House of Representatives, 12,589
and the President of the Senate. 12,590
FUNDING FOR THE EARLY START WELCOME VISITS PROGRAM 12,594
IN FISCAL YEAR 1999, UPON THE REQUEST OF THE DIRECTOR OF 12,597
HUMAN SERVICES, THE CONTROLLING BOARD MAY TRANSFER UP TO $4 12,598
MILLION IN STATE SHARE GENERAL REVENUE FUND APPROPRIATIONS FROM 12,599
THE DEPARTMENT OF HUMAN SERVICES TO THE DEPARTMENT OF HEALTH 12,600
APPROPRIATION ITEM 440-459, OHIO EARLY START, TO PROVIDE 12,601
285
FINANCIAL SUPPORT FOR THE EARLY START WELCOME VISITS PROGRAM. 12,604
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY REDUCE THE APPROPRIATE 12,605
LINE ITEM IN THE DEPARTMENT OF HUMAN SERVICES' BUDGET BY THE 12,606
AMOUNT OF CORRESPONDING FEDERAL MATCHING FUNDS. 12,607
Sec. 101. RSC REHABILITATION SERVICES COMMISSION 12,609
General Revenue Fund 12,611
GRF 415-100 Personal Services $ 6,974,196 $ 7,147,615 12,616
GRF 415-401 Personal Care 12,618
Assistance $ 778,680 $ 778,680 12,620
GRF 415-402 Independent Living 12,622
Council $ 270,600 $ 396,218 12,624
GRF 415-403 Mental Health 12,626
Services $ 750,000 $ 750,000 12,628
GRF 415-404 MR/DD Services $ 1,286,281 $ 1,318,438 12,631
GRF 415-405 Vocational 12,633
Rehabilitation/Human
Services $ 561,450 $ 561,450 12,635
GRF 415-431 Office for People 12,637
with Head Injury $ 192,672 $ 195,452 12,639
GRF 415-506 Case Services for 12,641
People with
Disabilities $ 10,865,916 $ 11,227,308 12,643
GRF 415-508 Services for People 12,645
who are Deaf $ 48,854 $ 48,854 12,647
GRF 415-509 Services for People 12,649
who are Elderly $ 365,567 $ 375,803 12,651
GRF 415-520 Independent Living 12,653
Centers or Services $ 58,948 $ 60,716 12,655
TOTAL GRF General Revenue Fund $ 22,153,164 $ 22,860,534 12,658
General Services Fund Group 12,660
4W5 415-606 Indirect Costs $ 15,629,694 $ 16,307,149 12,665
467 415-609 Stand Concessions $ 1,571,770 $ 1,629,834 12,669
TOTAL GSF General Services 12,670
Fund Group $ 17,201,464 $ 17,936,983 12,673
286
Federal Special Revenue Fund Group 12,675
317 415-620 Disability 12,678
Determination $ 59,462,014 $ 61,382,614 12,680
3L1 415-601 Social Security 12,682
Personal Care
Assistance $ 3,027,000 $ 3,027,000 12,684
3L1 415-605 Social Security 12,686
Community Centers for
People who are Deaf $ 1,100,000 $ 1,100,000 12,688
3L1 415-607 Social Security 12,690
Administration Cost $ 123,292 $ 125,823 12,692
3L1 415-608 Social Security 12,694
Special
Programs/Assistance $ 1,330,981 $ 1,343,818 12,696
3L1 415-610 Social Security 12,698
Vocational
Rehabilitation $ 1,302,000 $ 1,302,000 12,700
3L1 415-614 Social Security 12,702
Independent Living $ 285,979 $ 285,979 12,704
3L4 415-611 Federal-Independent 12,706
Living Council $ 185,400 $ 190,962 12,708
3L4 415-612 Federal-Independent 12,710
Living Centers or
Services $ 530,532 $ 546,444 12,712
3L4 415-615 Federal - Supported 12,714
Employment $ 2,064,125 $ 2,110,656 12,716
3L4 415-617 Federal Special 12,718
Vocational
Rehabilitation
Programs $ 494,453 $ 499,177 12,720
379 415-616 Federal-Vocational 12,722
Rehabilitation $ 105,202,487 $ 110,562,781 12,724
TOTAL FED Federal Special 12,725
Revenue Fund Group $175,108,263 $182,477,254 12,728
287
State Special Revenue Fund Group 12,730
4L1 415-619 Services for 12,732
Rehabilitation $ 1,800,000 $ 1,800,000 12,734
468 415-618 Third Party Funding $ 6,138,409 $ 6,191,365 12,738
TOTAL SSR State Special 12,739
Revenue Fund Group $ 7,938,409 $ 7,991,365 12,742
TOTAL ALL BUDGET FUND GROUPS $ 222,401,300 $ 231,266,136 12,745
Stand Concessions Fund--Crediting of Income 12,748
In crediting interest and other income earned on moneys 12,750
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 12,751
of State and Director of Budget and Management shall ensure that 12,752
the requirements of section 3304.35 of the Revised Code are met. 12,753
Personal Care Assistance 12,755
The foregoing appropriation item 415-401, Personal Care 12,757
Assistance, shall be used in addition to the federal Social 12,758
Security reimbursement funds used to provide personal care 12,759
assistance services. These funds shall not be used in lieu of 12,760
the Social Security reimbursement funds. 12,761
MR/DD Services 12,763
The foregoing appropriation item 415-404, MR/DD Services, 12,765
shall be used as state matching funds to provide vocational 12,766
rehabilitation services to mutually eligible clients between the 12,767
Rehabilitation Services Commission and the Ohio Department of 12,768
Mental Retardation and Developmental Disabilities. The 12,769
Rehabilitation Services Commission shall report to the Ohio 12,770
Department of Mental Retardation and Developmental Disabilities, 12,771
as outlined in an interagency agreement, on the number and status 12,773
of mutually eligible clients and the status of the funds and 12,774
expenditures for these clients.
Vocational Rehabilitation/Human Services 12,776
The foregoing appropriation item 415-405, Vocational 12,778
Rehabilitation/Human Services, shall be used as state matching 12,779
funds to provide vocational rehabilitation services to mutually 12,780
eligible clients between the Rehabilitation Services Commission 12,781
288
and the Ohio Department of Human Services. The Rehabilitation 12,782
Services Commission shall report to the Ohio Department of Human 12,783
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 12,784
funds and expenditures for these clients. 12,785
Office for People with Head Injury 12,787
Of the foregoing appropriation item 415-431, Office for 12,789
People with Head Injury, $100,000 in each fiscal year 1999 shall 12,790
be used for the state match for a federal grant awarded through 12,792
P.L. 104-166, The Traumatic Brain Injury Act. The remaining 12,793
appropriations in this item shall be used to plan and coordinate
head injury-related services provided by state agencies and other 12,795
government or private entities, to assess the needs for such 12,796
services and to set priorities in this area. 12,797
Services for People who are Deaf 12,799
The foregoing appropriation item 415-508, Services for 12,801
People who are Deaf, shall be used to supplement the federal 12,802
Social Security reimbursement funds used to provide grants to 12,803
community centers for the deaf. These funds shall not be used in 12,804
lieu of Social Security reimbursement funds. 12,805
Services for People who are Elderly 12,807
The foregoing appropriation item 415-509, Services for 12,809
People who are Elderly, shall be used as matching funds for 12,810
vocational rehabilitation services for eligible elderly citizens 12,811
with a disability. 12,812
Social Security Reimbursement Funds 12,814
Reimbursement funds received from the Social Security 12,816
Administration, U.S. Department of Health and Human Services, for 12,817
the costs of providing services and training to return disability 12,818
recipients to gainful employment, shall be used in the Social 12,819
Security Reimbursement Fund (Fund 3L1), as follows: 12,821
(A) Appropriation item 415-601, Social Security Personal 12,823
Care Assistance, to provide personal care services in accordance 12,825
with section 3304.41 of the Revised Code.
289
(B) Appropriation item 415-605, Social Security Community 12,827
Centers for People who are Deaf, to provide grants to community 12,829
centers for the deaf in Ohio for services to individuals with 12,830
hearing impairments.
(C) Appropriation item 415-607, Social Security 12,832
Administrative Cost, to provide administrative services needed to 12,834
administer the Social Security reimbursement program. 12,835
(D) Appropriation item 415-610, Social Security Vocational 12,837
Rehabilitation, to provide vocational rehabilitation services to 12,839
individuals with severe disabilities to achieve a noncompetitive 12,840
employment goal such as homemaker.
(E) The foregoing appropriation item 415-614, Social 12,842
Security Independent Living, to cover projected shortfall in 12,843
federal funding for fiscal years 1998 and 1999. 12,844
(F) Appropriation item 415-608, Social Security Special 12,846
Programs/Assistance, to provide vocational rehabilitation 12,847
services to individuals with severe disabilities, who are Social 12,848
Security beneficiaries, to achieve competitive employment. This 12,849
item also includes funds to assist the Personal Care Assistance, 12,850
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 12,851
Circular A-87. 12,852
Indirect Costs 12,854
The foregoing appropriation item 415-606, Indirect Costs, 12,857
shall be used to support the administrative functions of the 12,858
commission related to the provision of vocational rehabilitation, 12,859
disability determination services, and ancillary programs.
Independent Living Council 12,861
The foregoing appropriation items 415-402, Independent 12,863
Living Council, and 415-611, Federal-Independent Living Council, 12,864
shall be used to fund the operations of the State Independent 12,865
Living Council.
Mental Health Services 12,867
The foregoing appropriation item 415-403, Mental Health 12,869
290
Services, shall be used for the provision of vocational 12,870
rehabilitation services to mutually eligible consumers of the 12,871
Rehabilitation Services Commission and the Department of Mental 12,873
Health.
The Department of Mental Health shall receive a quarterly 12,875
report from the Rehabilitation Services Commission stating the 12,876
numbers served, numbers placed in employment, average hourly 12,878
wage, and average hours worked.
Independent Living Centers or Services 12,880
The foregoing appropriation items 415-520, Independent 12,882
Living Centers or Services, and 415-612, Federal-Independent 12,883
Living Centers or Services, shall be used to support state 12,885
independent living centers or independent living services 12,886
pursuant to Title VII-Independent Living Services and Centers for
Independent Living of the Rehabilitation Act Amendments of 1992, 12,887
106 Stat. 4344, 29 U.S.C.A. 796d. 12,888
Federal - Special Vocational Rehabilitation Programs 12,890
The foregoing appropriation item 415-617, Federal-Special 12,892
Vocational Rehabilitation Programs, shall be used to support 12,893
vocational rehabilitation programs including, but not limited to, 12,894
Projects with Industry and Training Grants. 12,895
Sec. 119. OVH OHIO VETERANS' HOME 12,897
General Revenue Fund 12,899
GRF 430-100 Personal Services $ 10,334,362 $ 11,039,285 12,904
GRF 430-200 Maintenance $ 4,676,165 $ 5,007,942 12,908
TOTAL GRF General Revenue Fund $ 15,010,527 $ 16,047,227 12,911
Federal Special Revenue Fund Group 12,914
3L2 430-601 Federal Grants $ 6,690,000 $ 7,034,267 12,919
TOTAL FED Federal Special Revenue 12,920
Fund Group $ 6,690,000 $ 7,034,267 12,923
State Special Revenue Fund Group 12,926
4E2 430-602 Veterans Home 12,929
Operating $ 3,082,672 $ 3,320,470 12,931
3,480,942 12,932
291
484 430-603 RENTAL AND SERVICE 12,934
REVENUE $ 0 $ 100,000 12,936
604 430-604 Veterans Home 12,938
Improvement $ 466,192 $ 579,839 12,940
TOTAL SSR State Special Revenue 12,941
Fund Group $ 3,548,864 $ 3,900,309 12,944
4,160,781 12,945
TOTAL ALL BUDGET FUND GROUPS $ 25,249,391 $ 26,981,803 12,948
27,242,275 12,949
CASH TRANSFER FROM VETERANS HOME FUND TO OPERATING FUND
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER CASH IN 12,960
AN AMOUNT EQUAL TO A ONE PER CENT REDUCTION IN THE OHIO VETERANS 12,961
HOME GENERAL REVENUE FUND OPERATING LINE ITEMS, AS PROVIDED IN 12,963
AM. SUB. H. B. 650 OF THE 122nd GENERAL ASSEMBLY, FROM THE 12,965
VETERANS HOME FUND (FUND 604) TO THE VETERANS HOME OPERATING FUND 12,966
(FUND 4E2). 12,967
Sec. 190. Ohio Departments Building 12,969
(A) As used in this section: 12,971
(1) "Repair and renovate" and "repair and renovation" 12,973
include, but are not limited to, planning, programming, design, 12,974
constructions, furnishing, and equipping of the Ohio Departments 12,975
Building;
(2) "Appropriation" means appropriation items CAP-815 and 12,977
CAP-849 in Section 28 of Am. H.B. 748 of the 121st General 12,978
Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in 12,980
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 12,982
the Supreme Court for the repair and renovation of the Ohio 12,983
Departments Building.
(B) The appropriation shall be used by or at the direction 12,985
of the Supreme Court of Ohio for the repair and renovation of the 12,986
Ohio Departments Building as follows: 12,987
(1) A portion shall be used by the Department of 12,989
Administrative Services for the repair and renovation of the 12,990
292
exterior, roof, and grounds of the Ohio Departments Building; 12,991
(2) The remaining portion shall be used after January 1, 12,993
1998 by the Ohio Building Authority for other expenses associated 12,994
with the repair and renovation of the Ohio Departments Building, 12,995
including, but not limited to, the interior and grounds of the 12,996
Building.
(C) The Ohio Building Authority, with the prior approval 12,998
of the Supreme Court, shall submit a plan and cost estimate of 12,999
repair and renovation set forth in division (B)(2) of this 13,000
section to the Department of Administrative Services. Based upon 13,001
the plan, the Director of Administrative Services shall request 13,002
the Director of Budget and Management to release from the
appropriation the estimated amount. The Director of Budget and 13,003
Management may release the funds APPROPRIATION and, upon their 13,004
THAT release, the Director of Administrative Services shall 13,006
transfer the amount released to the Ohio Building Authority,
which shall use the funds MONEYS, and any investment earnings on 13,007
the funds MONEYS and other available receipts as defined in 13,009
section 152.09 of the Revised Code, to pay the costs of the 13,010
repair and renovation.
(D) Upon completion of the repair and renovation: 13,012
(1) Any funds MONEYS received by the Ohio Building 13,014
Authority for the repair and renovation that have not been used 13,015
shall be refunded to the Department of Administrative Services 13,016
for deposit into Fund 026; 13,017
(2) The Supreme Court shall own, operate, and manage the 13,019
Ohio Departments funds received by the Ohio Building Authority 13,021
for the repair and renovation that have not been used shall be 13,022
refunded to the Department of Administrative Services for deposit 13,023
into Fund 026 Building. 13,024
(E) The Supreme Court may enter into contracts or other 13,026
agreements with the Department of Administrative Services, the 13,027
Ohio Building Authority, another state entity, or a private 13,028
contractor to operate and manage the Ohio Departments Building. 13,029
293
(F) To assist the Ohio Building Authority, the Department 13,031
of Administrative Services and the Supreme Court may assign, 13,032
amend, or enter into any necessary or appropriate leases, 13,033
contracts, or agreements relating to the Ohio Departments 13,034
Building to or with the Ohio Building Authority upon terms 13,035
satisfactory to all parties.
(G) REPAIRS AND RENOVATIONS THAT ARE MADE USING THE 13,037
APPROPRIATION ARE EXEMPT FROM SECTION 3379.10 OF THE REVISED 13,039
CODE, THE PER CENT FOR ARTS PROGRAM.
Sec. 210. Sections 5733.02, 5733.022, 5733.03, 5733.042, 13,041
5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 13,042
5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 13,043
5733.0611, 5733.09, 5733.12, 5733.31, 5733.311, 5733.32, 5733.33, 13,044
and 5733.98 of the Revised Code, as amended or enacted by this 13,045
act AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, apply to tax 13,047
years 1999 and thereafter, except as otherwise provided in 13,049
division (A) of section 5733.05 and divisions (A)(6) through (8) 13,051
of section 5733.98 of the Revised Code. NOTHING IN AM. SUB. H.B. 13,052
215 OF THE 122nd GENERAL ASSEMBLY AMENDS OR REPEALS ALL OR ANY 13,054
PORTION OF THESE SECTIONS FOR THE PURPOSES OF TAX YEAR 1998 WITH
REGARD TO CORPORATIONS OTHER THAN FINANCIAL INSTITUTIONS. 13,055
THE AMENDMENT OF THIS SECTION IS SUBJECT TO THE 13,057
REFERENDUM."
Section 4. That existing Sections 20.05, 47.13, 50.52, 13,059
50.52.2, 50.52.4, 50.52.7, 50.52.9, 58, 62.01, 67.08, 101, 119, 13,060
190, and 210 of Am. Sub. H.B. 215 of the 122nd General Assembly 13,061
are hereby repealed.
Section 5. That Section 67.05 of Am. Sub. H.B. 215 of the 13,063
122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd 13,064
General Assembly, be amended to read as follows: 13,066
"Sec. 67.05. Transfer of Funds 13,068
The Ohio Department of Human Services shall transfer 13,070
through intrastate transfer vouchers, cash from State Special 13,071
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and 13,072
294
Community-Based Services, in the Ohio Department of Mental 13,073
Retardation and Developmental Disabilities. The sum of the 13,074
transfers shall be equal to the amounts appropriated per fiscal 13,075
year in line item 322-604, Waiver - Match. The transfer may 13,076
occur on a quarterly basis or on a schedule developed and agreed
to by both Departments. 13,077
The Ohio Department of Human Services shall transfer, 13,079
through intrastate transfer vouchers, cash from the State Special 13,080
Revenue Fund 4J5, Home and Community-Based Services for the Aged, 13,081
to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum 13,082
of the transfers shall be equal to the amount appropriated per 13,083
fiscal year in line item 490-610, PASSPORT/Residential State 13,085
Supplement. The transfer may occur on a quarterly basis or on a 13,086
schedule developed and agreed to by both departments.
Day Care for Foster Parents 13,088
Of the foregoing appropriation item 400-527, Child 13,090
Protective Services, not more than $1,400,000 in fiscal year 1998 13,092
and not more than $1,400,000 in fiscal year 1999, may be used to 13,093
reimburse counties for child day care services purchased in 13,094
behalf of children in foster care. Such funds may be used as
matching funds for federal funds that may be available for this 13,095
purpose. The Department of Human Services shall adopt rules, in 13,096
accordance with section 111.15 of the Revised Code, establishing 13,097
reimbursement procedures and conditions to be followed by 13,098
counties.
Transfer from the Children's Trust Fund to the Wellness 13,100
Block Grant Fund
The Director of Budget and Management shall transfer 13,102
$1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 13,103
from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block 13,104
Grant, within the Department of Human Services' budget. 13,105
Foster Care Liability Coverage 13,107
On behalf of public children services agencies and in 13,109
consultation with the Department of Insurance and the Office of 13,110
295
State Purchasing, the Department of Human Services may seek and 13,111
accept proposals for a uniform and statewide insurance policy to 13,112
indemnify foster parents for personal injury and property damage 13,113
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 13,114
children services agency that agrees to purchase the insurance 13,115
policy.
Protective Services Incentive Funding 13,117
Notwithstanding the formula in section 5101.14 of the 13,119
Revised Code, from the foregoing appropriation item 400-527, 13,120
Child Protective Services, the Department of Human Services may 13,121
use no more than $2 million in fiscal year 1999 as incentive 13,122
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 13,123
delivery. The department shall develop a process for the release 13,124
of these funds and may adopt rules in accordance with section 13,125
111.15 of the Revised Code governing the distribution, release, 13,126
and use of these funds.
Day Care/Head Start Collaborations 13,128
The Department of Human Services and the county departments 13,130
of human services shall work to develop collaborative efforts 13,131
between Head Start and child care providers. The Department of 13,132
Human Services may use the foregoing appropriation items 400-413, 13,134
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 13,135
child day care centers. 13,136
Day Care Funding for Latchkey Children 13,138
The Department of Human Services shall use not less than 13,140
$5,000,000 in fiscal year 1998 and not less than $5,000,000 in 13,141
fiscal year 1999 of the Child Care Development Block Grant 13,142
moneys to support low-income families who need assistance in the 13,143
provision of before-school and after-school care for their 13,144
children. The Department of Human Services shall establish rules 13,145
determining eligibility for these dollars adopted in accordance 13,146
296
with section 111.15 of the Revised Code. 13,147
Evening and Night Time Child Care 13,149
When the Department of Human Services adopts rules 13,151
establishing a procedure for determining the rates of maximum 13,152
reimbursement for publicly funded child care, the department 13,153
shall adopt an enhanced rate to encourage the development of 13,154
child care for parent(s) who work nontraditional hours. 13,155
Human Services Staff Reduction 13,157
From staffing levels that existed on January 1, 1997, the 13,160
Department of Human Services is required to reduce its full-time
equivalent positions by 150 by July 1, 1999. At least 13,161
thirty-nine positions must be eliminated by January 1, 1998. The 13,162
remaining positions must be eliminated by July 1, 1999. 13,163
Child Protective Services Information System 13,165
(A) From the foregoing appropriation item 400-416, 13,167
Computer Projects, the Department of Human Services shall expend 13,168
at least $6,000,000 in fiscal year 1998 and at least $6,000,000 13,169
in fiscal year 1999 to contract with a vendor to develop a 13,171
statewide automated child welfare information system (SACWIS) and 13,172
support the 88 public children services agencies' implementation 13,173
of the SACWIS. The department shall select a vendor by using a 13,175
competitively bid request for proposal process. For a vendor to 13,177
be eligible to contract with the department, all of the following 13,178
must apply:
(1) The vendor must have developed a SACWIS for another 13,181
state and assisted that state with the successful implementation 13,182
of the SACWIS; 13,183
(2) The vendor must be able to do either of the following: 13,186
(a) Revise the SACWIS developed for the other state to 13,190
comply with Ohio and federal law and successfully interface with 13,191
the Support Enforcement Tracking System (SETS) and Client 13,193
Registry and Information System-Enhanced (CRIS-E); 13,194
(b) Develop a new SACWIS that complies with Ohio and 13,198
federal law and successfully interfaces with SETS and CRIS-E; 13,200
297
(3) The vendor must be able to have the SACWIS operational 13,203
in all 88 public children services agencies by June 30, 1999. 13,204
(B) The Department of Human Services shall do both of the 13,206
following:
(1) Provide training and system support for the county 13,208
employees who will use the SACWIS; 13,209
(2) Provide for the maintenance and general upkeep of the 13,211
SACWIS. 13,212
Adoption Assistance 13,214
Of the foregoing appropriation item 400-528, Title IV-E and 13,216
State Adoption Services, not more than $3,700,000 in fiscal year 13,217
1998 and not more than $3,700,000 in fiscal year 1999 shall be 13,218
used in support of post finalization adoption services offered 13,219
pursuant to section 5153.163 of the Revised Code. The Department 13,221
of Human Services shall adopt rules and procedures pursuant to 13,222
section 111.15 of the Revised Code to set payment levels and 13,223
limit eligibility for post finalization adoption services as 13,224
necessary to limit program expenditures to the amounts set forth 13,225
in this section, based on factors, including but not limited to, 13,226
any or all of the following: type, or extent, of the adopted 13,227
child's disability or special need; and resources available to 13,228
the adoptive family to meet the child's service needs. 13,229
Social Service Block Grant (SSBG) Earmark for Day Care 13,231
Services 13,232
Of the foregoing appropriation item 400-620, Social 13,234
Services Block Grant, no less than $15,000,000 in fiscal year 13,235
1998 and $15,000,000 in fiscal year 1999 shall be used for child 13,236
day care services. The remainder of the SSBG funding may be used 13,237
to provide social services as authorized in section 5101.465 13,238
5101.46 of the Revised Code, including adult day care. 13,239
Child Support Collections/TANF MOE 13,241
The foregoing appropriation item 400-658, Child Support 13,243
Collections, shall be used by the Department of Human Services to 13,244
meet the TANF Maintenance of Effort requirements of Pub. L. No. 13,245
298
104-193. After the state has met the maintenance of effort 13,246
requirement, the Department of Human Services may use funds from 13,247
line item 400-658 to support public assistance activities.
Transfer of Unspent Funds from Fiscal Year 1998 to Fiscal 13,250
Year 1999
Upon the request of the Department of Human Services, the 13,253
Controlling Board may transfer any remaining unspent fiscal year 13,254
1998 funds from appropriation item 400-410, TANF State, to
appropriations for fiscal year 1999 so that the state of Ohio 13,255
will be able to meet the Maintenance of Effort requirements for 13,256
the Temporary Assistance for Needy Families Block. 13,257
Upon the request of the Department of Human Services, the 13,259
Controlling Board may transfer any remaining unspent fiscal year 13,260
1998 funds from appropriation item 400-413, Day Care/Maintenance 13,261
of Effort, to appropriations for fiscal year 1999 so that the 13,262
state of Ohio will be able to meet the Maintenance of Effort 13,263
requirements for the Child Care Development Block Grant. 13,264
Upon the request of the Department of Human Services, the 13,266
Controlling Board may transfer any remaining unspent fiscal year 13,267
1998 funds from individual county consolidations from 13,268
appropriation item 400-527, Child Protective Services, to 13,269
appropriations for fiscal year 1999 so that the counties may meet 13,271
the obligations for services funded through that line item.
Upon the request of the Department of Human Services, the 13,273
Controlling Board may transfer any remaining unspent fiscal year 13,274
1998 funds from the Post Finalization Special Adoption Services 13,275
portion of appropriation item 400-528, Adoption Services, to 13,276
appropriations for fiscal year 1999 so that counties may meet the 13,278
obligations for services funded through that portion of the line 13,279
item.
Upon the request of the Department of Human Services, the 13,281
Controlling Board may transfer any remaining unspent fiscal year 13,282
1998 funds from appropriation item 400-409, Wellness Block Grant, 13,284
to appropriations for fiscal year 1999 so that the counties may 13,285
299
meet the obligations for services funded through that line. 13,286
Private Child Care Agencies Training 13,288
The foregoing appropriation item 400-615, Private Child 13,290
Care Agencies Training, shall be used by the Department of Human 13,291
Services to provide the state match for federal Title IV-E 13,292
training dollars for private child placing agencies and private 13,293
noncustodial agencies. Revenues shall consist of moneys derived 13,294
from fees established under section 5101.112 5101.143 of the 13,295
Revised Code and paid by private child placing agencies and 13,296
private noncustodial agencies.
Funding for Emergency Food Distribution Programs 13,298
Of the foregoing appropriation item 400-610, Food Stamps 13,300
and State Administration, $1.5 million in fiscal year 1998 and 13,301
$1.5 million in fiscal year 1999 shall be used by the Department 13,302
of Human Services to purchase commodities and distribute those 13,303
commodities to supplement the emergency food distribution 13,304
programs. Agencies receiving commodities under this program 13,305
shall provide reports in accordance with rules developed by the 13,306
Department of Human Services. 13,307
Transfers for Lead Assessments 13,309
Of the foregoing appropriation item 400-525, Health 13,311
Care/Medicaid, $77,790 (state share only) in fiscal year 1998, 13,312
and $111,477 (state share only) in fiscal year 1999 shall be used 13,314
to transfer funds from the General Revenue Fund to the General 13,315
Operations Fund (Fund 142) of the Department of Health. Transfer 13,316
of the funds shall be made through intrastate transfer vouchers 13,317
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 13,318
Medicaid Healthcheck recipients. 13,319
Transfer IMD/DSH Cash 13,321
The Director of Budget and Management may transfer cash 13,323
from the Disproportionate Share Fund (3P8) in the Department of 13,324
Human Services to the OhioCare Fund (4X5) in the Department of 13,325
Mental Health, the Behavioral Health Medicaid Services Fund (4X4) 13,327
300
in the Department of Alcohol and Drug Addiction Services, and the
Medicaid Program Support Fund - State (5C9) in the Department of 13,328
Human Services and shall transfer cash in the amount of 13,329
$14,800,000 to the Health Services Fund (5E1) in the Department 13,330
of Health.
Interagency Agreement on Specified Medicaid Services 13,332
Based on an interagency agreement, the Department of Human 13,334
Services may delegate authority to the Department of Alcohol and 13,335
Drug Addiction Services and the Department of Mental Health to 13,336
administer specified Medicaid services. Monthly reimbursement 13,337
shall be made by intrastate transfer voucher from the Department 13,338
of Human Services' appropriation items 400-525, Health 13,339
Care/Medicaid, and 400-655, Interagency Reimbursement, to the 13,340
Department of Drug and Alcohol Addiction Services' Behavioral 13,341
Health Medicaid Services Fund (4X4) and the Department of Mental 13,343
Health's OhioCare Fund (4X5).
Medicaid Program Support Fund-State 13,345
The Department of Human Services' Medicaid Program Support 13,347
Fund-State (5C9) is hereby created in the state treasury. The 13,348
Fund shall be used to receive earned federal reimbursement 13,349
generated by the Institutions for Mental
Diseases/Disproportionate Share Hospital Program. The foregoing 13,350
appropriation item 400-671, Medicaid Program Support, may be used 13,352
for the following purposes: to pay for Medicaid services to 13,353
eligible children under age nineteen, whose family income does 13,354
not exceed 150 per cent of the federal poverty level; to pay for 13,355
a new Medicaid home and community-based waiver program for 13,356
non-aged persons with chronic, long-term disabilities; and, to 13,357
make residual payments associated with the specified Medicaid 13,358
services transferred to the Department of Alcohol and Drug 13,359
Addiction Services and the Department of Mental Health. 13,360
The foregoing appropriation item 400-672, Medicaid 13,362
Services, may be used by the Department of Human Services to pay 13,363
for Medicaid services or to transfer moneys by intrastate 13,364
301
transfer voucher to the Department of Mental Health's OhioCare 13,366
Fund (4X5) in accordance with an interagency agreement which 13,367
delegates authority from the Department of Human Services to the 13,368
Department of Alcohol and Drug Addiction Services and the
Department of Mental Health to administer specified Medicaid 13,369
services. 13,370
Medicaid Program Support Fund-Federal 13,372
The Department of Human Services' Medicaid Program Support 13,374
Fund-Federal (3P7) is hereby created in the state treasury. The 13,375
foregoing appropriation item 400-668, Medicaid Program Support, 13,376
may be used to pay for Medicaid services to eligible children 13,378
under age nineteen, whose family income does not exceed 150 per 13,379
cent of the federal poverty level; and for a new Medicaid home
and community-based waiver program for non-aged persons with 13,380
chronic, long-term disabilities. Funds also may be used for 13,381
residual payments associated with the specified Medicaid services 13,382
transferred to the Department of Alcohol and Drug Addiction 13,383
Services and the Department of Mental Health.
The foregoing appropriation item 400-672, Medicaid 13,385
Services, may be used by the Department of Human Services to pay 13,386
for Medicaid services and contracts. 13,387
OhioCare Start-up Fund Name Change 13,389
The name of the Department of Human Services' OhioCare 13,391
Start-up Fund (3P7) is hereby changed to the Medicaid Program 13,392
Support Fund-Federal.
Rural Medicaid Managed Care Pilot Programs 13,394
The Director of Human Services may contract with one or 13,396
more organizations to develop and/or implement Medicaid Managed 13,397
Care Pilot Programs in rural sections of Ohio. 13,398
Medicaid Managed Care Reimbursement Study Committee 13,400
The Medicaid Managed Care Reimbursement Study Committee 13,402
shall meet by August 1, 1997, to begin reviewing the 13,403
appropriateness of the negotiated Medicaid reimbursement rates 13,404
paid to managed care organizations for services provided to 13,405
302
Medicaid recipients in fiscal year 1998. By November 1, 1997, 13,406
the Committee must report its findings and/or recommendations 13,407
concerning the fiscal year 1998 rates to the Governor, the 13,408
Speaker of the House of Representatives, and the President of the 13,409
Senate.
Medicaid Managed Care for Individuals with MR/DD 13,411
In preparing the budget for medical assistance for state 13,413
fiscal years 2000 and 2001, as it pertains to services provided 13,414
to individuals with mental retardation and developmental 13,415
disabilities, the Office of Budget and Management and the 13,416
Department of Human Services shall review the results of any 13,417
study regarding the use of a managed care system that is prepared 13,419
and submitted to it by the Hattie Larlham Foundation, the Ohio
Department of Mental Retardation and Developmental Disabilities 13,420
Action Committee, the Ohio Private Residential Association, the 13,421
Ohio Coalition for Services to Persons with Mental Retardation 13,422
and Developmental Disabilities, or any other entity. 13,423
Transfer Lapsed Funds in Fund 4A6 to GRF 13,425
The Department of Human Services shall certify the cash 13,427
balance of Fund 4A6 to the Director of Budget and Management who 13,428
shall transfer the remaining unexpended, unobligated balance in 13,429
Fund 4A6 to the General Revenue Fund.
Holding Account Redistribution Group 13,431
The foregoing appropriation items 400-643 and 400-644, 13,433
Holding Account Redistribution Fund Group, shall be used to hold 13,434
revenues until they are directed to the appropriate accounts or 13,435
until they are refunded. If it is determined that additional 13,436
appropriation authority is necessary, such amounts are hereby 13,437
appropriated.
Agency Fund Group 13,439
The foregoing appropriation items 400-646, 400-601, and 13,441
400-642, Agency Fund Group, shall be used to hold revenues until 13,442
they are directed to the appropriate accounts or until they are 13,443
directed to the appropriate governmental agency other than the 13,444
303
Department of Human Services. If it is determined that
additional appropriation authority is necessary, such amounts are 13,445
hereby appropriated. 13,446
State Special Revenue Fund Group 13,448
The foregoing appropriation items that appear in the 13,450
Department of Human Services' State Special Revenue Fund Group 13,451
shall be used to collect revenue from various sources and use the 13,452
revenue to support programs administered by the Department of 13,453
Human Services. If it is determined that additional
appropriations are necessary, the department shall notify the 13,454
Director of Budget and Management on forms prescribed by the 13,456
Controlling Board. If the director agrees that the additional 13,457
appropriation is necessary in order to perform the functions
allowable in the appropriation item then such amounts are hereby 13,458
appropriated. The Director of Budget and Management shall notify 13,459
the Controlling Board at their next regularly scheduled meeting 13,460
as to the action taken."
Section 6. That existing Section 67.05 of Am. Sub. H.B. 13,462
215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of 13,463
the 122nd General Assembly, is hereby repealed. 13,464
Section 7. That Sections 50, 50.07, 50.08, 50.09, 50.10, 13,466
50.12, 50.13, 50.14, 50.24, 50.44, 50.52.5, and 50.52.10 of Am. 13,467
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 13,468
Sub. H.B. 650 of the 122nd General Assembly, be amended to read 13,470
as follows:
"Sec. 50. EDU DEPARTMENT OF EDUCATION 13,475
General Revenue Fund 13,477
GRF 200-100 Personal Services $ 10,744,925 $ 10,756,210 13,482
11,256,210 13,483
GRF 200-200 Maintenance $ 8,691,111 $ 4,597,207 13,487
3,991,111 6,797,207 13,488
GRF 200-300 Equipment $ 117,449 $ 116,773 13,492
2,116,773 13,493
GRF 200-405 Primary and Secondary 13,495
304
Education Funding $ 0 $ 0 13,497
GRF 200-406 Head Start $ 83,739,058 $ 92,562,977 13,501
GRF 200-408 Public Preschool $ 17,468,094 $ 17,904,796 13,505
GRF 200-410 Professional 13,507
Development $ 0 $ 29,649,944 13,509
GRF 200-411 Family and Children 13,511
First $ 8,500,500 $ 10,642,188 13,513
GRF 200-412 Driver Education 13,515
Administration $ 143,429 $ 142,605 13,517
GRF 200-415 Consumer Education $ 500,000 $ 500,000 13,521
GRF 200-416 Vocational Education 13,523
Match $ 2,245,026 $ 2,248,664 13,525
GRF 200-417 Professional 13,527
Development $ 14,370,077 $ 0 13,529
GRF 200-422 School Management 13,531
Assistance $ 800,596 $ 841,563 13,533
GRF 200-423 Teacher Recruitment $ 1,289,067 $ 0 13,537
GRF 200-424 Simulation System $ 449,796 $ 447,210 13,541
GRF 200-426 Ohio Educational 13,543
Computer Network $ 21,698,858 $ 22,228,079 13,545
GRF 200-429 Local Professional 13,547
Development Block
Grants $ 9,259,713 $ 0 13,549
GRF 200-431 School Improvement 13,551
Models $ 16,450,000 $ 11,525,000 13,553
GRF 200-432 School Conflict 13,555
Management $ 392,575 $ 402,390 13,557
GRF 200-437 Student Proficiency $ 10,555,476 $ 11,798,788 13,561
GRF 200-441 American Sign 13,563
Language $ 226,245 $ 226,245 13,565
GRF 200-442 Child Care Licensing $ 1,359,171 $ 1,438,172 13,569
GRF 200-446 Education Management 13,571
Information System $ 12,060,657 $ 10,299,674 13,573
GRF 200-447 GED Testing/Adult 13,575
305
High School $ 1,939,001 $ 1,987,475 13,577
GRF 200-455 Charter Schools $ 1,200,000 $ 2,300,000 13,581
GRF 200-500 School Finance Equity $ 109,405,982 $ 66,957,250 13,585
GRF 200-501 Base Cost Funding $2,202,851,688 $2,986,915,811 13,589
3,047,415,811 13,591
GRF 200-502 Pupil Transportation $ 179,702,987 $ 231,595,463 13,595
GRF 200-503 Bus Purchase 13,597
Allowance $ 36,365,821 $ 37,274,967 13,599
GRF 200-504 Special Education $ 556,029,126 $ 0 13,603
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 13,607
GRF 200-507 Vocational Education $ 317,612,847 $ 0 13,611
GRF 200-509 Adult Literacy 13,613
Education $ 8,928,273 $ 9,151,480 13,615
GRF 200-511 Auxiliary Services $ 95,956,267 $ 101,617,687 13,619
GRF 200-512 Driver Education $ 6,026,070 $ 6,206,852 13,623
GRF 200-514 Post-Secondary/Adult 13,625
Vocational Education $ 20,695,861 $ 20,695,861 13,627
GRF 200-520 Disadvantaged Pupil 13,629
Impact Aid $ 277,205,650 $ 386,618,741 13,631
GRF 200-521 Gifted Pupil Program $ 34,383,349 $ 36,326,043 13,635
GRF 200-524 Educational 13,637
Excellence and
Competency $ 9,528,000 $ 9,168,000 13,639
GRF 200-526 Vocational Education 13,641
Equipment Replacement $ 4,941,622 $ 0 13,643
GRF 200-532 Nonpublic 13,645
Administrative Cost
Reimbursement $ 41,829,125 $ 44,297,043 13,647
GRF 200-533 School-Age Child Care $ 1,046,647 $ 1,046,647 13,651
GRF 200-534 Desegregation Costs $ 50,400,000 $ 50,400,000 13,655
GRF 200-540 Special Education 13,657
Enhancements $ 0 $ 136,286,490 13,660
75,786,490 13,662
GRF 200-541 Peer Review $ 1,840,000 $ 0 13,666
306
GRF 200-542 National Board 13,668
Certification $ 1,600,000 $ 0 13,670
GRF 200-543 Entry Year Program $ 2,396,205 $ 0 13,674
GRF 200-544 Individual Career 13,676
Plan & Passport $ 5,708,968 $ 0 13,678
GRF 200-545 Vocational Education 13,680
Enhancements $ 0 $ 184,298,314 13,683
201,991,432 13,684
GRF 200-546 Charge-Off Supplement $ 0 $ 11,000,000 13,687
GRF 200-547 Power Equalization $ 0 $ 12,500,000 13,690
GRF 200-551 Reading Improvement $ 1,666,133 $ 1,666,133 13,694
GRF 200-552 County MR/DD Boards 13,696
Vehicle Purchases $ 1,551,774 $ 1,590,569 13,698
GRF 200-553 County MR/DD Boards 13,700
Transportation
Operating $ 6,611,623 $ 6,876,088 13,702
GRF 200-558 Emergency Loan 13,705
Interest Subsidy $ 0 $ 8,490,374 13,707
GRF 200-577 Preschool Special 13,709
Education $ 62,268,535 $ 0 13,711
GRF 200-589 Special Education 13,713
Aides $ 1,635,157 $ 0 13,715
GRF 200-901 Property Tax 13,717
Allocation -
Education $ 566,800,000 $ 600,800,000 13,719
GRF 200-906 Tangible Tax 13,721
Exemption - Education $ 61,320,000 $ 63,210,000 13,723
TOTAL GRF General Revenue Fund $4,899,958,534 $5,257,055,773 13,726
4,895,258,534 5,279,448,891 13,727
General Services Fund Group 13,730
4D1 200-602 Ohio 13,733
Prevention/Education
Resource Center $ 277,560 $ 285,332 13,735
138 200-606 Computer Services $ 4,036,728 $ 4,143,201 13,739
307
452 200-638 Fees and Gifts $ 1,788,862 $ 1,838,335 13,743
596 200-656 Ohio Career 13,745
Information System $ 647,156 $ 660,812 13,747
4P1 200-629 Adult Literacy 13,749
Education $ 2,364,400 $ 2,430,603 13,751
4L2 200-681 Teacher Certification 13,753
and Licensure $ 3,580,741 $ 3,675,311 13,755
TOTAL GSF General Services 13,756
Fund Group $ 12,695,447 $ 13,033,594 13,759
Federal Special Revenue Fund Group 13,762
309 200-601 Educationally 13,765
Disadvantaged $ 12,486,104 $ 12,904,245 13,767
366 200-604 Adult Basic Education $ 16,300,000 $ 18,000,000 13,771
3H9 200-605 Head Start 13,773
Collaboration Project $ 200,000 $ 200,000 13,775
367 200-607 School Food Services $ 9,290,000 $ 10,160,000 13,779
368 200-614 Veterans' Training $ 565,232 $ 593,493 13,783
369 200-616 Vocational Education $ 10,556,971 $ 10,787,320 13,787
3L6 200-617 Federal School Lunch $ 159,570,000 $ 167,550,000 13,791
3L7 200-618 Federal School 13,793
Breakfast $ 29,818,000 $ 31,607,000 13,795
3L8 200-619 Child and Adult Care 13,797
Programs $ 58,600,000 $ 59,800,000 13,799
3L9 200-621 Vocational Education 13,801
Basic Grant $ 54,122,121 $ 54,122,121 13,803
3M0 200-623 ESEA Chapter One $ 356,669,568 $ 374,503,047 13,807
370 200-624 Education of All 13,809
Handicapped Children $ 12,902,838 $ 12,902,838 13,811
3N7 200-627 School-to-Work $ 18,000,000 $ 13,500,000 13,815
371 200-631 EEO Title IV $ 364,655 $ 377,850 13,818
372 200-635 Federal Driver 13,820
Education Projects $ 84,500 $ 84,500 13,822
373 200-642 Pupil Transportation 13,824
Safety Project $ 81,000 $ 81,000 13,826
308
374 200-647 E.S.E.A. Consolidated 13,828
Grants $ 260,301 $ 265,624 13,830
375 200-652 Technical Assistance 13,832
for Educational
Mobility $ 216,720 $ 227,556 13,834
376 200-653 J.T.P.A. $ 5,000,000 $ 5,034,523 13,838
3R3 200-654 Goals 2000 $ 19,789,214 $ 22,000,000 13,842
377 200-657 Sex Equity $ 125,685 $ 131,969 13,846
378 200-660 Math/Science 13,848
Technology
Investments $ 10,802,634 $ 12,000,000 13,850
3D1 200-664 Drug Free Schools $ 17,410,259 $ 19,500,000 13,854
3D2 200-667 Honors Scholarship 13,856
Program $ 1,231,979 $ 1,231,979 13,858
3E2 200-668 AIDS Education 13,860
Project $ 718,734 $ 620,775 13,862
3M1 200-678 ESEA Chapter Two $ 13,478,447 $ 14,152,369 13,866
3M2 200-680 Ind W/Disab Education 13,868
Act $ 91,825,830 $ 91,825,830 13,870
TOTAL FED Federal Special 13,871
Revenue Fund Group $ 900,470,792 $ 934,164,039 13,874
State Special Revenue Fund Group 13,877
454 200-610 Guidance and Testing $ 490,662 $ 503,912 13,882
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 13,886
4V7 200-633 Interagency 13,888
Vocational Support $ 514,000 $ 528,392 13,890
5F8 200-645 Textbooks/Instructional 13,891
Materials $ 25,000,000 $ 25,000,000 13,894
598 200-659 Auxiliary Services 13,896
Mobile Units $ 1,224,444 $ 1,258,728 13,898
5H3 200-687 School District 13,900
Solvency Assistance $ 0 $ 30,000,000 13,902
4R7 200-695 Indirect Cost 13,904
Recovery $ 1,357,434 $ 1,393,146 13,906
309
TOTAL SSR State Special Revenue 13,907
Fund Group $ 36,586,540 $ 66,684,178 13,910
Lottery Profits Education Fund Group 13,913
017 200-682 Lease Rental Payment 13,916
Reimbursement $ 21,105,000 $ 32,780,000 13,918
017 200-610 Base Cost Funding $ 0 $ 666,093,028 13,922
017 200-670 School Foundation - 13,924
Basic Allowance $ 584,137,200 $ 0 13,926
017 200-671 Special Education $ 44,000,000 $ 0 13,930
017 200-672 Vocational Education $ 30,000,000 $ 0 13,934
017 200-673 Primary and Secondary 13,936
Lottery Funding $ 0 $ 0 13,938
017 200-694 Bus Purchase One Time 13,940
Supplement $ 10,000,000 $ 0 13,942
018 200-669 Judgment Loan $ 5,650,000 $ 0 13,950
Total 017 and 018 13,951
LPE Lottery Profits Education 13,952
Fund Group $ 694,892,200 $ 698,873,028 13,955
Education Improvement Fund 13,958
006 200-689 Hazardous Waste 13,961
Removal $ 1,500,000 $ 1,443,401 13,963
TOTAL Education Improvement Fund $ 1,500,000 $ 1,443,401 13,966
TOTAL ALL BUDGET FUND GROUPS $6,546,103,513 $6,969,810,612 13,969
6,541,403,513 6,992,203,730 13,970
Professional Development 13,973
Of the foregoing appropriation item 200-410, Professional 13,975
Development, $5,997,829 shall be used by the Department of 13,976
Education to develop a statewide comprehensive system of twelve 13,978
professional development centers that support local educators' 13,980
ability to foster academic achievement in the students they
serve. The centers shall include training teachers on site-based 13,982
management concepts to encourage teachers to become involved in 13,983
the management of their schools. Each fiscal year, up to 13,984
$450,000 of the appropriation item shall be used to continue Ohio 13,985
310
leadership academies to develop and train superintendents, 13,986
principals, other administrators, and board members in new
leadership and management practices to support high performance 13,987
schools. This training shall be coordinated with other locally 13,988
administered leadership programs. 13,989
Of the foregoing appropriation item 200-410, Professional 13,991
Development, $50,000 each year shall be distributed to the Ohio 13,993
Geographical Alliance at such time as matching funds are provided 13,994
by the National Geographical Society. These moneys shall be used 13,996
by the Ohio Geographical Alliance to provide inservice geography 13,998
training to Ohio public school teachers. 13,999
Of the foregoing appropriation item 200-410, Professional 14,001
Development, $75,000 in each fiscal year shall be distributed by 14,003
the Department of Education to the Ohio University Leadership 14,005
Project.
Of the foregoing appropriation item 200-410, Professional 14,007
Development, up to $500,000 each year shall be used by the 14,009
Department of Education to work with school districts in 14,010
coordinating and improving the training and performance of 14,012
classroom teachers.
Of the foregoing appropriation item 200-410, Professional 14,014
Development, $25,000 in each fiscal year shall be used by the 14,016
Lake County Educational Service Center and $25,000 in each fiscal 14,018
year shall be used by the Geauga County Educational Service 14,019
Center. Both projects shall be used for professional teacher 14,021
development of innovative teaching practices in science and math.
Of the foregoing appropriation item 200-410, Professional 14,023
Development, $500,000 in each fiscal year shall be used by the 14,025
Rural Appalachian Initiative to create professional development 14,026
academies for teachers, principals, and superintendents in the 14,028
Appalachian region.
Of the foregoing appropriation item 200-410, Professional 14,030
Development, up to $1,800,000 in fiscal year 1999 shall be used 14,032
by the Department of Education in cooperation with the Regional 14,033
311
Professional Development Centers to train mentor teachers and 14,035
provide stipends of $1,500 per year to each mentor teacher to 14,036
assist in the professional development of beginning teachers. 14,037
Of the foregoing appropriation item 200-410, Professional 14,039
Development, up to $1,000,000 in fiscal year 1999 shall be used 14,040
by the Department of Education in cooperation with the Regional 14,042
Professional Development Centers to train teacher assessors and 14,044
provide stipends of $2,500 per year to each teacher assessor to 14,045
assist in the evaluation of the classroom performance of 14,046
beginning teachers. 14,047
Of the foregoing appropriation item 200-410, Professional 14,049
Development, $1,321,292 shall be used by the Department of 14,050
Education to establish programs targeted at recruiting 14,051
under-represented populations into the teaching profession. In 14,052
each year, the appropriation item shall be used by the department 14,053
to include, but not be limited to, alternative teacher licensure 14,054
or certification programs emphasizing the recruitment of highly 14,056
qualified minority candidates into teaching, including
emphasizing the recruitment of highly qualified minority 14,057
candidates into teaching positions in schools which have a high 14,058
percentage of minority students. The recruitment programs shall 14,060
also target recruiting qualified candidates available as a result
of downsizing of the military and business sectors. Funding 14,061
shall also be targeted to statewide, regional, and local programs 14,062
that are competitively selected as promising programs 14,063
demonstrating the potential of significantly increasing Ohio's 14,064
minority teaching force.
Of the foregoing appropriation item 200-410, Professional 14,066
Development, $500,000 in each fiscal year shall be used to 14,068
establish or enhance alternative disciplinary schools by 14,069
providing grants of $100,000 annually to each of the following 14,071
programs: Wood County Alternative School Program, Interval 14,072
Opportunity School in Summit County, Portage County Opportunity 14,074
School in Ravenna, Auglaize County Alternative School Program, 14,076
312
and Licking County Alternative School Program. Such pilot 14,078
programs shall encourage collaborative relationships with
juvenile courts and other agencies to develop effective teaching 14,079
and learning programs.
Of the foregoing appropriation item 200-410, Professional 14,081
Development, $200,000 in each fiscal year shall be provided to 14,083
the Stark County Schools Teacher Technical Training Center. 14,085
Of the foregoing appropriation item 200-410, Professional 14,087
Development, $9,659,713 shall be distributed on a per teacher 14,088
basis to all school districts, joint vocational school districts, 14,090
and chartered nonpublic schools for locally developed teacher
training and professional development and for the establishment 14,092
of local professional development committees. School districts 14,093
and joint vocational school districts shall not be precluded from 14,094
using these funds for cooperative activities on a county or 14,095
regional basis.
Of the foregoing appropriation item 200-410, Professional 14,097
Development, $2,875,000 shall be used by the Department of 14,098
Education to develop a peer review program for teachers, to 14,099
provide training, and to implement the peer review program in 14,100
school districts on a pilot basis in fiscal year 1998. Funds for 14,101
fiscal year 1999 shall be awarded on a competitive basis to 14,102
school districts wishing to implement peer review programs. In 14,103
each fiscal year, $640,000 shall be distributed to the Regional 14,104
Professional Development Centers to provide training for mentor 14,105
teachers and for leadership teams from districts implementing 14,106
peer review programs. 14,107
Of the foregoing appropriation item 200-410, Professional 14,109
Development, $125,000 in each fiscal year shall be used by the 14,110
Rural Appalachian Initiative to develop a peer review and 14,112
coaching model whereby teachers coach one another. In addition, 14,113
the funds shall be used to train and provide stipends for teacher
coaches and mentors, and to develop training modules for 14,114
professional improvement through establishing and attaining 14,115
313
goals.
Of the foregoing appropriation item 200-410, Professional 14,117
Development, $1,650,000 shall be used by the Department of 14,119
Education to pay the application fee for teachers from public and 14,121
chartered nonpublic schools applying to the National Board for 14,122
Professional Teaching Standards for professional teaching 14,125
certificates or licenses that the board offers, and to provide 14,126
grants in each fiscal year to recognize and reward teachers who 14,127
become certified by the board pursuant to section 3319.55 of the
Revised Code. 14,128
In each fiscal year, the appropriation item shall be used 14,130
to pay for the first 400 applications received by the department. 14,132
Each prospective applicant for certification or licensure shall 14,133
submit an application to the Department of Education. When the 14,134
department has collected a group of applications, but no later
than 30 days after receipt of the first application in a group, 14,135
it shall send the applications to the National Board for 14,136
Professional Teaching Standards along with a check to cover the 14,138
cost of the application fee for all applicants in that group. 14,139
Of the foregoing appropriation item 200-410, Professional 14,141
Development, up to $300,000 shall be used each fiscal year by the 14,142
Department of Education to support the connection of teacher 14,143
applicants to university programs that enhance applicant learning 14,145
and professional development during the National Board 14,146
Certification process.
Of the foregoing appropriation item 200-410, Professional 14,148
Development, $2,456,110 shall be used by the Department of 14,150
Education to expand the pilot residency programs established 14,151
pursuant to provisions of Am. Sub. H.B. 152 of the 120th General 14,153
Assembly.
The Department of Education shall select eligible beginning 14,156
teachers to participate in a year-long entry year program which 14,157
provides for guidance and coaching by experienced school district 14,158
and university faculty and regular teacher performance 14,159
314
assessment. The program is designed to assess each beginning 14,160
teacher with the Education Testing Service's Praxis III 14,161
examination. These funds shall be used to support the 14,162
supervisory, teaching, and assessment services associated with 14,163
the pilot residency program in urban, suburban, and rural sites. 14,164
Sec. 50.07. Potential Value Recomputation 14,169
(A) Notwithstanding division (A)(2) of section 3317.022 of 14,171
the Revised Code in: 14,172
(A) IN fiscal year 1999 the Department of Education shall 14,175
first calculate all state basic aid payments to school districts 14,176
required under Chapter 3317. of the Revised Code and other 14,177
sections of Am. Sub. H.B. 215 and Am. Sub. H.B. 650 of the 122nd 14,179
General Assembly under which payments are made from appropriation 14,181
items 200-501, School Foundation Basic Allowance BASE COST 14,182
FUNDING, and 200-670, School Foundation Basic Allowance BASE COST 14,184
FUNDING, as if such division (A)(2) OF SECTION 3317.022 OF THE 14,185
REVISED CODE had not been enacted. Such calculated amounts shall 14,187
be paid to school districts in accordance with section 3317.01 of 14,188
the Revised Code and Am. Sub. H.B. 650 of the 122nd General 14,190
Assembly.
(B) After the calculation required by division (A) of this 14,192
section, the department shall recalculate all state basic aid 14,193
payments to school districts required under Chapter 3317. of the 14,194
Revised Code and other sections of Am. Sub. H.B. 215 and Am. Sub. 14,195
H.B. 650 of the 122nd General Assembly, utilizing in such 14,196
recalculation the provisions of division (A)(2) of section 14,197
3317.022 of the Revised Code. From the additional available 14,198
money, the THE department shall pay each district FROM 14,199
APPROPRIATION ITEM 200-501, BASE COST FUNDING, OR 200-670, BASE 14,201
COST FUNDING, an amount equal to the difference between its 14,203
calculated amount of basic aid under division (A) of this section 14,204
and its recalculated amount under this division. If there is not 14,205
enough additional money to pay such amounts to all school 14,206
districts, the department shall pay each district a percentage of 14,207
315
such amount equal to the percentage the total amount of 14,208
additional available money represents of the total amount of 14,209
money that would be necessary to make the payments prescribed 14,210
under this division to all districts.
THE PAYMENT DETERMINED FOR A DISTRICT PURSUANT TO DIVISION 14,212
(B) OF THIS SECTION SHALL BE MADE WITHOUT REGARD TO ANY 14,214
LIMITATION IMPOSED ON PAYMENTS TO DISTRICTS PURSUANT TO DIVISION 14,215
(B),(C),(D), OR (E) OF SECTION 18 OF AM. SUB. H.B. 650 OF THE 14,219
122nd GENERAL ASSEMBLY, AS AMENDED BY H.B. 770 OF THE 122nd 14,221
GENERAL ASSEMBLY.
Sec. 50.08. Pupil Transportation 14,223
Of the foregoing appropriation item 200-502, Pupil 14,225
Transportation, up to $680,000 may be used by the Department of 14,226
Education each year for training prospective and experienced 14,227
school bus drivers in accordance with training programs 14,228
prescribed by the department; up to $63,500 of the item shall be 14,229
used each fiscal year for school bus rider safety programs 14,230
pursuant to sections 3327.16 and 5126.061 of the Revised Code; UP 14,232
TO $90,000 IN EACH FISCAL YEAR SHALL BE USED FOR THE PUPIL 14,233
TRANSPORTATION PILOT PROJECT TO DEMONSTRATE INNOVATIVE, 14,234
EFFICIENT, AND COST-REDUCING COOPERATIVE METHODS OF TRANSPORTING
PUPILS ON A COUNTYWIDE BASIS; and up to $25,725,000 in fiscal 14,237
year 1998 and $27,010,000 in fiscal year 1999 shall be used for 14,238
handicapped transportation; and the remainder shall be used for 14,239
the state reimbursement of public school districts' costs in 14,240
transporting pupils to and from the school to which they attend 14,241
in accordance with the district's policy, State Board of 14,242
Education standards, and the Revised Code.
Bus Purchase Allowance 14,244
The foregoing appropriation item 200-503, Bus Purchase 14,246
Allowance, shall be distributed to school districts and 14,247
educational service centers pursuant to rules adopted under 14,249
section 3317.07 of the Revised Code. Up to 25 per cent of the 14,250
amount appropriated may be used to reimburse school districts and 14,251
316
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 14,253
School Lunch 14,255
The foregoing appropriation item 200-505, School Lunch 14,257
Match, shall be used to provide matching funds to obtain federal 14,258
funds for the school lunch program. 14,259
Sec. 50.09. Adult Literacy Education 14,264
The foregoing appropriation item 200-509, Adult Literacy 14,266
Education, shall be used to support Adult Basic and Literacy 14,267
Education instructional programs, the State Literacy Resource 14,268
Center program, and the State Advisory Council on Adult Education 14,269
and Literacy. 14,270
Of the foregoing appropriation item 200-509, Adult Literacy 14,273
Education, up to $410,000 in fiscal year 1998 and $512,500 in 14,274
fiscal year 1999 shall be used to satisfy state match 14,275
requirements for the support and operation of the State Literacy 14,276
Resource Center and the State Advisory Council on Adult Education 14,277
and Literacy.
Of the foregoing appropriation item 200-509, Adult Literacy 14,280
Education, up to $50,000 in each fiscal year shall be used to 14,281
provide funds to literacy councils that have not previously 14,282
received funding. Each of these councils, in order to receive 14,283
funds, shall have its plan of service approved by the local 14,284
Family and Children First council.
The remainder shall be used to continue to satisfy the 14,286
state match requirement for the support and operation of the Ohio 14,287
Department of Education administered instructional grant program 14,288
for Adult Basic and Literacy Education in accordance with the 14,289
department's state plan for Adult Basic and Literacy Education as 14,290
approved by the State Board of Education and the Secretary of the 14,291
United States Department of Education. 14,292
Auxiliary Services 14,294
The foregoing appropriation item 200-511, Auxiliary 14,296
Services, shall be used by the State Board of Education for the 14,297
317
purpose of implementing section 3317.06 of the Revised Code. Of 14,298
the appropriation, up to $1,000,000 in each fiscal year of the 14,299
biennium may be used for payment of the Post-Secondary Enrollment 14,300
Options Program for nonpublic students pursuant to section 14,301
3365.10 of the Revised Code. 14,302
Driver Education 14,304
The foregoing appropriation item 200-512, Driver Education, 14,306
shall be used by the State Board of Education for subsidizing 14,307
driver education courses for which the State Board of Education 14,308
prescribes minimum standards pursuant to section 3301.07 of the 14,309
Revised Code and courses for students released by high school 14,310
principals to attend commercial driver training schools licensed 14,311
under Chapter 4508. of the Revised Code. 14,312
Post-Secondary/Adult Vocational Education 14,314
The foregoing appropriation item 200-514, 14,316
Post-Secondary/Adult Vocational Education, shall be used by the 14,317
State Board of Education to provide post-secondary/adult 14,318
vocational education pursuant to sections 3313.52 and 3313.53 of 14,319
the Revised Code. 14,320
Of the foregoing appropriation item 200-514, 14,322
Post-Secondary/Adult Vocational Education, up to $500,000 in each 14,324
fiscal year shall be allocated for the Ohio Career Information 14,325
System (OCIS) and used for the dissemination of career 14,326
information data to public schools, libraries, rehabilitation 14,327
centers, two- and four-year colleges and universities, and other 14,328
governmental units. 14,329
Of the foregoing appropriation item 200-514, 14,331
Post-Secondary/Adult Vocational Education, up to $30,000 in each 14,332
fiscal year shall be used for the statewide coordination of the 14,333
activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid 14,335
The foregoing appropriation item 200-520, Disadvantaged 14,337
Pupil Impact Aid, shall be distributed to school districts 14,338
according to the provisions of section 3317.029 of the Revised 14,340
318
Code. However, no money shall be distributed for all-day 14,342
kindergarten to any school district whose three-year average 14,343
formula ADM exceeds 17,500 but whose DPIA index is not at least 14,344
equal to 1.00, unless the Department of Education certifies that 14,345
sufficient funds exist in this appropriation to make all other 14,347
payments required by section 3317.029 of the Revised Code. 14,348
THE DEPARTMENT OF EDUCATION SHALL PAY TO COMMUNITY SCHOOLS 14,351
AN AMOUNT FOR ALL-DAY KINDERGARTEN IF THE SCHOOL DISTRICT IN
WHICH THE STUDENT IS ENTITLED TO ATTEND SCHOOL IS ELIGIBLE BUT 14,352
DOES NOT RECEIVE A PAYMENT FOR ALL-DAY KINDERGARTEN, PURSUANT TO 14,353
DIVISION (B) OF SECTION 3314.13 OF THE REVISED CODE, AND THE 14,354
STUDENT IS REPORTED BY THE COMMUNITY SCHOOL AS ENROLLED IN 14,355
ALL-DAY KINDERGARTEN AT THE COMMUNITY SCHOOL. 14,356
Annually, $1,450,000 shall be used by the Department of 14,358
Education to provide state matching funds to implement the 14,359
federal building based Effective School Program. 14,360
Of the foregoing appropriation item 200-520, Disadvantaged 14,362
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 14,363
shall be used for school breakfast programs. Of the $3,000,000, 14,364
UP TO $500,000 shall be used each year by the Department of 14,366
Education to provide start-up grants to rural school districts 14,367
that start school breakfast programs. The remainder of the 14,368
$3,000,000 shall be used to: (1) partially reimburse school 14,369
buildings within school districts that are required to have a
school breakfast program pursuant to section 3313.813 of the 14,370
Revised Code, at a rate decided upon by the department, for each 14,371
breakfast served to any pupil enrolled in the district; (2) 14,372
partially reimburse districts participating in the National 14,373
School Lunch Program that have at least 20 per cent of students
who are eligible for free and reduced meals according to federal 14,374
standards, at a rate decided upon by the department; and (3) to 14,375
partially reimburse districts participating in the National 14,376
School Lunch Program for breakfast served to children eligible 14,377
for free and reduced meals enrolled in the district, at a rate 14,378
319
decided upon by the department.
Of the portion of the funds distributed to the Cleveland 14,380
City School District under section 3317.029 of the Revised Code 14,381
calculated under division (F)(2) of that section, up to 14,382
$8,700,000 in fiscal year 1999 shall be used to operate the pilot 14,383
school choice program in the Cleveland City School District 14,384
pursuant to sections 3313.974 to 3313.979 of the Revised Code. 14,385
Of the foregoing appropriation item 200-520, Disadvantaged 14,387
Pupil Impact Aid, $8,750,000 in fiscal year 1999 shall be used 14,389
for competitive discipline intervention grants for the 21 urban
school districts as defined in division (O) of section 3317.02 of 14,391
the Revised Code as it existed prior to July 1, 1998. The grants 14,392
shall be administered by the Ohio Department of Education and 14,393
designed to reduce problems with student attendance, truancy, 14,394
dropouts, and discipline.
Of the foregoing appropriation item 200-520, Disadvantaged 14,396
Pupil Impact Aid, $250,000 in fiscal year 1999 shall be 14,397
distributed to the Franklin County Educational Council to provide 14,398
a cross district alternative learning environment for students 14,399
with alternative learning requirements, in collaboration with 14,400
member districts and community services. 14,401
Of the foregoing appropriation item 200-520, Disadvantaged 14,403
Pupil Impact Aid, $900,000 each year shall be used to support 14,404
dropout recovery programs administered by the Ohio Department of 14,405
Education, Jobs for Ohio's Graduates program. 14,406
Of the foregoing appropriation item 200-520, Disadvantaged 14,408
Pupil Impact Aid, up to $1,000,000 in each year of the biennium 14,409
shall be used to fund grants to improve reading performance, 14,410
using programs such as Failure Free Reading, Slavin's Success for 14,411
All, and other programs that have a demonstrated record of 14,412
improving reading comprehension. The grants shall be made by the
Department of Education to 20 schools in which at least 50 per 14,413
cent of fourth grade students failed to pass at least four parts 14,414
of the fourth grade proficiency test. The grants shall be made 14,415
320
in the amount of $50,000 for each school. 14,416
Of the foregoing appropriation item 200-520, Disadvantaged 14,418
Pupil Impact Aid, the Department shall distribute $75,000 in each 14,419
fiscal year to the Collinwood Community Center to continue 14,420
outreach work on the Parents' Pledge of Responsibility in the 14,421
Cleveland City School District. This distribution shall come 14,422
from the Cleveland City School District's Disadvantaged Pupil 14,423
Impact Aid. 14,424
Of the foregoing appropriation item 200-520, Disadvantaged 14,427
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 14,428
used by the Department of Education to encourage school districts 14,429
to set high academic standards and provide a helping hand for 14,430
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 14,432
conducted for students who have been enrolled in the fourth and 14,433
sixth grades, whether district-wide, in several school buildings 14,434
or within a cluster of school buildings, that addresses the needs 14,436
of students who did not pass at least three of the five parts of 14,437
either the fourth-grade or sixth-grade proficiency test, that is 14,438
of at least six weeks' duration, and that provides an innovative, 14,439
enriching educational experience. The department shall use the 14,440
funds indicated in this paragraph to make grants to those school 14,441
districts that conduct such Summer Proficiency Academies and that 14,442
have valuation per pupil less than 150 per cent of the statewide 14,443
average valuation per pupil, to defray 75 per cent of the costs 14,444
of conducting such academies. The amount of each grant shall not 14,445
exceed $150,000 and each school district shall be eligible for up 14,446
to four grants in each fiscal year. Grants shall be made to 14,447
school districts based on the percentage of students failing 14,448
three or more tests, with first priority given to districts with 14,449
the highest failure rates. As used in this paragraph, "valuation 14,450
per pupil" has the same meaning as in division (A)(4) of section 14,452
3317.0212 of the Revised Code as it existed prior to July 1, 14,453
1998.
321
Sec. 50.10. Gifted Pupil Program 14,458
The foregoing appropriation item 200-521, Gifted Pupil 14,460
Program, shall be used for gifted education units not to exceed 14,461
927 in fiscal year 1998 and 950 in fiscal year 1999. Up to 14,462
$70,000 per year shall be used for the operation and support of 14,464
the Ohio Summer School for the Gifted. Up to $600,000 per year 14,465
shall be used for research and demonstration projects. 14,466
Notwithstanding the prohibition in section 3317.05 of the 14,468
Revised Code that the State Board of Education annually approve 14,469
for school districts and educational service centers no more than 14,470
the number of gifted education units for which it determines 14,472
appropriations have been made and notwithstanding the amounts 14,473
required to be annually paid to school districts and educational 14,474
service centers for approved gifted education units under 14,475
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,476
3317.162 of the Revised Code, if the foregoing appropriation item 14,478
is not sufficient to fund the maximum allowable number of funded 14,479
gifted education units in fiscal year 1999 in accordance with 14,481
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,482
3317.162 of the Revised Code, the State Board of Education may 14,483
approve up to the maximum allowable number of funded gifted 14,484
education units in each fiscal year of the biennium and, in lieu 14,485
of the amounts required to be paid for approved units under 14,486
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 14,488
3317.162 of the Revised Code, shall proportionately reduce those 14,489
amounts so that the total amount the State Board and educational 14,490
service centers pays to school districts for all approved units 14,491
does not exceed the amount of funds available in the foregoing 14,492
appropriation item for such units. During the course of each 14,493
fiscal year, the State Board may alter its determination of any 14,494
reduction under this section for that fiscal year. 14,495
Of the foregoing appropriation item 200-521, Gifted Pupil 14,497
Program, the Department of Education shall be authorized to 14,498
expend up to $1,000,000 each year for the Summer Honors Institute 14,499
322
for gifted freshmen and sophomore high school students. 14,500
Of the foregoing appropriation item 200-521, Gifted Pupil 14,502
Program, up to $200,000 each year shall be used for the W.E.B. 14,504
DuBois Talented Tenth Teacher Training Academy. The program will 14,505
provide a summer honors program to promising minority students 14,506
identified by their school districts as potential future 14,507
teachers, pursuant to section 3313.608 of the Revised Code. 14,508
Sec. 50.12. Educational Excellence and Competency 14,513
Of the foregoing appropriation item 200-524, Educational 14,515
Excellence and Competency, up to $35,000 in each year of the 14,516
biennium shall be reserved for the Ohio Science Olympiad and up 14,517
to $35,000 in each year of the biennium shall be reserved for the 14,518
International Science and Engineering Fair. In each year of the 14,519
biennium, $250,000 shall be reserved for a Math and Science 14,520
Initiative to enhance math and science education for elementary 14,521
students in a county-wide collaborative. 14,522
The Department of Education shall distribute $100,000 in 14,524
fiscal year 1998 and $150,000 in fiscal year 1999 to the 14,525
Christopher Project. The department shall distribute $120,000 in 14,526
each fiscal year to the Regional District/University Consortium 14,527
to Validate At-Risk Programs for Rural School Districts. The 14,528
Department shall distribute $75,000 in each fiscal year to the 14,529
Cincinnati Artworks Project. In fiscal year 1998, $100,000 shall 14,530
be used for the Fairborn Community Vision and $300,000 in fiscal 14,531
year 1998 and $100,000 in fiscal year 1999 shall be used for 14,532
Ledgemont Education Excellency. In addition, the department
shall distribute $275,000 in each fiscal year to the Summit 14,533
County Technology Project. 14,534
In each fiscal year, $300,000 shall be used for a pilot 14,536
project for the integration and implementation of distance 14,537
learning, virtual reality, and computer technology to prepare 14,538
students for careers in industry. Of this amount, $65,000 in 14,539
each fiscal year shall be distributed to the Math, Science and 14,540
Industrial Technology Institute at Kent State University-Trumbull 14,541
323
Campus for purposes of this pilot project and $235,000 in each 14,542
fiscal year shall be distributed to the Trumbull County 14,543
Educational Service Center for the Industrial Technology Career 14,544
Academy pilot project. In each fiscal year, $140,000 shall be 14,545
used for the Crouse School Readiness Program. 14,546
Of the foregoing appropriation item 200-524, Educational 14,548
Excellence and Competency, $90,000 in fiscal year 1998 shall be 14,549
used for the Cleveland Language pilot program; and $20,000 in 14,550
fiscal year 1998 shall be used for the Columbus Language pilot 14,551
program.
Of the foregoing appropriation item 200-524, Educational 14,554
Excellence and Competency, $850,000 in fiscal year 1998 and 14,555
$850,000 in fiscal year 1999 shall be used to assist local school 14,556
districts in the implementation of financial literacy programs as 14,557
part of the school curriculum in kindergarten through grade six. 14,558
The funds shall be used to purchase financial literacy 14,559
instructional materials, including student books, hands-on 14,560
material, and supporting teacher guides, which promote economic 14,561
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 14,562
literacy curriculum shall also introduce students to the concepts 14,563
of economic interdependence, profit, loss, investment, and supply 14,564
and demand. In fiscal year 1999, each school district shall be 14,565
eligible for one $1,000 grant for each kindergarten through sixth 14,566
grade level in each school building. A school building with five 14,568
or more classes per grade level may receive up to $2,000 for that 14,569
grade level.
The remainder of the appropriation shall be used by the 14,571
Department of Education to fund programs for at-risk students 14,572
each year as follows: 14,573
Earn and Learn $1,030,000 14,575
Trumbull County "Make Learning Fun" $75,000 14,576
LEAF $65,000 14,577
Coventry $25,000 14,578
324
Columbus Youth Corp $50,000 14,579
Montgomery County Summer Math program $215,000 14,580
Columbus City District's "I Know I Can" $645,000 14,581
Dayton-Montgomery County Scholarship 14,582
Program $645,000
Cleveland Scholarship $500,000 14,583
Cleveland Initiative for Education $360,000 14,584
Cincinnati Project Succeed Academy $100,000 14,585
Cincinnati Scholarship Foundation $645,000 14,586
Improved Solutions for Urban Systems 14,587
(ISUS) $100,000
Lorain County Access $150,000 14,588
Amer-I-Can $850,000 14,589
London Learns $100,000 14,590
Project Succeed $1,000,000 14,591
Greater Toledo School-To-Work 14,592
Consortium $100,000
Muskingum Valley Services Center $100,000 14,593
For the Cleveland Initiative in Education program, the 14,596
grant shall support its mentoring and advocacy program. 14,597
Of the foregoing appropriation item 200-524, Educational 14,599
Excellence and Competency, $83,000 in fiscal year 1998 and 14,600
$83,000 in fiscal year 1999 shall be used for the Shaker Heights 14,601
Educational Mobility program. 14,602
Each program or entity that receives funds under the 14,604
foregoing appropriation item 200-524, Educational Excellence and 14,606
Competency, shall submit annually to the chairpersons of the 14,607
education committees of the House of Representatives and the 14,608
Senate and to the Department of Education a report that includes 14,609
a description of the services supported by the funds, a 14,610
description of the results achieved by those services, an 14,611
analysis of the effectiveness of the program, and an opinion as 14,612
to the program's applicability to other school districts. No 14,613
funds shall be provided by the Department of Education to a 14,614
325
district for the fiscal year 1999 until its report for the fiscal 14,616
year 1998 has been submitted.
Nonpublic Administrative Cost Reimbursement 14,618
The foregoing appropriation item 200-532, Nonpublic 14,620
Administrative Cost Reimbursement, shall be used by the State 14,621
Board of Education for the purpose of implementing section 14,622
3317.063 of the Revised Code. 14,623
School-Age Child Care 14,626
Of the foregoing appropriation item 200-533, School-Age 14,628
Child Care, up to $200,000 in each fiscal year shall be used for 14,629
the "Training Ohio's Parents for Success" program. Up to 14,630
$500,000 in each fiscal year shall be used for the "Parents as 14,632
Teachers" program.
Of the foregoing appropriation item 200-533, School-Age 14,634
Child Care, up to $62,500 in each fiscal year shall be used by 14,635
the Cincinnati YWCA for its Home Instruction Program for 14,636
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 14,638
program of child care conducted outside of regular school hours 14,639
for school age children. 14,640
The remainder of the foregoing appropriation item 200-533, 14,642
School-Age Child Care, shall be used by the Department of 14,643
Education to provide grants to city, local, and exempted village 14,644
school districts and educational service centers for school-age 14,645
child care programs. In each fiscal year, the department shall 14,646
make grants. All grants shall be awarded by the department on 14,648
the basis of project proposals submitted by school district 14,649
boards of education or educational service center governing
boards. The board of education of each district or governing 14,651
board of each educational service center that receives a grant 14,652
shall keep a record of how the grant is used, and issue a report 14,653
at the end of the school year for which the grant was made 14,654
explaining the goals and objectives determined, the activities 14,655
implemented, and the progress made toward achieving goals and 14,656
326
objectives.
Desegregation Costs 14,658
The foregoing appropriation item 200-534, Desegregation 14,660
Costs, shall be used to pay desegregation costs. 14,661
(A) Notwithstanding any section of law to the contrary, if 14,664
in each fiscal year, due to federal court order, the Department 14,665
of Education is obligated to pay for desegregation costs in any 14,666
school district, the costs shall be paid from the foregoing 14,667
appropriation item 200-534, Desegregation Costs. 14,668
Of the foregoing appropriation item 200-534, Desegregation 14,670
Costs, up to $900,000 in fiscal year 1998 and up to $1,000,000 in 14,672
fiscal year 1999 may be used to cover the legal fees associated 14,673
with desegregation cases brought against the state. 14,674
OF THE FOREGOING APPROPRIATION ITEM 200-534, DESEGREGATION 14,676
COSTS, IN FISCAL YEAR 1999 ANY UNOBLIGATED BALANCES MAY BE USED 14,677
TO COVER THE LEGAL FEES ASSOCIATED WITH DESEGREGATION CASES 14,678
BROUGHT AGAINST THE STATE. 14,679
By May 1 of each year, the Department of Education will 14,681
determine if the appropriation exceeds the state's obligation for 14,682
desegregation costs. Any appropriations in excess of the state's 14,683
obligation shall be transferred to appropriation item 200-406, 14,684
Head Start, by the Director of Budget and Management. 14,685
(B) As part of managing state desegregation costs, any 14,687
board of education of a school district subject to a federal 14,688
court desegregation order that requires the district board to bus 14,689
students for the purpose of racial balance shall, within one year 14,690
of the effective date of Am. Sub. H.B. 215 of the 122nd General 14,691
Assembly:
(1) Update its plan required under Am. Sub. H.B. 298 of 14,693
the 119th General Assembly designed to satisfy the court so as to 14,694
obtain release from the court's desegregation order; and 14,695
(2) Submit an updated copy of the plan to the State Board 14,697
of Education. 14,698
Upon request of the district board, the State Board shall provide 14,701
327
technical assistance to the school district board in developing a 14,702
plan.
Within ninety days of the date on which the plan is 14,704
submitted to the State Board of Education, the district board, or 14,705
the district board and the State Board of Education jointly if 14,707
both are parties to the desegregation case, shall submit the plan 14,709
to the court and apply for release from the court's desegregation 14,710
order.
Of the foregoing appropriation item 200-534, Desegregation 14,712
Costs, Cleveland City Schools shall receive $40,000,000 in fiscal 14,713
year 1998 and $38,200,000 in fiscal year 1999; Dayton City 14,715
Schools shall receive at least $4,500,000 in each of fiscal year
1998 and fiscal year 1999. 14,716
Of the foregoing appropriation item 200-534, Desegregation 14,719
Costs, $5,000,000 in each fiscal year shall be used by the 14,720
Department of Education to support the Cincinnati Magnet School 14,721
Program.
Sec. 50.13. Special Education Enhancements 14,726
Of the foregoing appropriation item 200-540, Special 14,728
Education Enhancements, up to $42,000,000 shall be used to fund 14,730
up to 894 special education classroom and related services units
at MR/DD boards and institutions. 14,731
Of the foregoing appropriation item 200-540, Special 14,733
Education Enhancements, up to $22,000,000 in each fiscal year 14,735
1998 SHALL BE USED FOR HOME INSTRUCTION AND SPECIAL INSTRUCTIONAL 14,737
SERVICES FOR HANDICAPPED CHILDREN AND $3,000,000 IN FISCAL YEAR 14,738
1999 shall be used for home instruction and special instructional 14,740
services for handicapped children; up to $2,000,000 may be used 14,741
in each fiscal year 1998 for occupational and physical therapy 14,743
contract services, including services provided by physical
therapy assistants and certified occupational therapy assistants; 14,744
up to $1,000,000 in fiscal year 1998 and up to $1,150,000 in 14,746
fiscal year 1999 shall be used for parent mentoring programs; and 14,747
$100,000 shall be expended in each year of the biennium for 14,749
328
teacher training; AND UP TO $2,500,000 MAY BE USED IN FISCAL YEAR 14,751
1999 FOR SCHOOL PSYCHOLOGY INTERNS.
Of the foregoing appropriation item 200-540, Special 14,753
Education Enhancements, $1,684,212 in fiscal year 1999 shall be 14,755
used by the Department of Education to assist school districts in 14,756
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of Rule 14,757
3301-51-04 of the Administrative Code. 14,758
Of the foregoing appropriation item 200-540, Special 14,760
Education Enhancements, $67,352,278 shall be distributed by the 14,762
Department of Education to county boards of mental retardation 14,763
and developmental disabilities, educational service centers, and 14,764
school districts for preschool special education units and 14,765
preschool supervisory units in accordance with section 3317.161 14,766
of the Revised Code. The department may reimburse county boards 14,767
of mental retardation and developmental disabilities, educational 14,768
service centers, and school districts for related services as 14,769
defined in Rule 3301-01-05 of the Ohio Administrative Code, for 14,770
preschool occupational and physical therapy services provided by 14,771
a physical therapy assistant and certified occupational therapy 14,772
assistant, and for an instructional assistant. To the greatest 14,773
extent possible, the Department of Education shall allocate these 14,774
units to school districts and educational service centers. The 14,775
Controlling Board may approve the transfer of unallocated funds 14,776
from appropriation item 200-501, Base Cost Funding, to 14,777
appropriation item 200-540, Special Education Enhancements, to 14,779
fully fund existing units as necessary or to fully fund 14,780
additional units. The Controlling Board may approve the transfer 14,781
of unallocated funds from appropriation item 200-540, Special 14,783
Education Enhancements, to appropriation item 200-501, Base Cost 14,784
Funding, to fully fund existing units, as necessary, or to fully 14,786
fund additional units.
Sec. 50.14. Vocational Education Enhancements 14,791
Of the foregoing appropriation item 200-545, Vocational 14,793
Education Enhancements, up to $125,000,000 $134,000,000 shall be 14,795
329
used to fund up to 2,800 3,000 vocational education units, 14,796
INCLUSIVE OF GRADS UNITS, at joint vocational school districts 14,799
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 14,801
1999 may be used for nonvocational units necessary for graduation 14,802
pursuant to section 3317.16 of the Revised Code, up to $6,500,000 14,803
in fiscal year 1999 shall be used for joint vocational school 14,805
equalization pursuant to section 3317.16 of the Revised Code, up 14,806
to $300,000 shall be distributed to the Toledo Technology Academy 14,807
each fiscal year, up to $9,500,000 in fiscal year 1999 shall be 14,808
used to fund the Jobs for Ohio Graduates (JOG) program, up to 14,809
$2,205,000 in fiscal year 1999 may be used to support tech prep 14,811
consortia, and up to $7,193,118 in fiscal year 1999 shall be used 14,813
to fund the Graduation, Reality, and Dual Role Skills (GRADS) 14,814
program according to that program's rules, which shall be 14,815
developed by the Superintendent of Public Instruction. Up to 14,816
$3,100,000 $4,600,000 may be used to pay for special education 14,817
classroom and related services units at joint vocational schools. 14,818
Funds for nonvocational units necessary for graduation 14,820
shall be distributed according to rules adopted by the State 14,821
Board of Education. If federal funds for vocational education 14,823
cannot be used for local school district leadership without being 14,824
matched by state funds, then an amount as determined by the
Superintendent of Public Instruction shall be made available from 14,826
state funds appropriated for vocational education. If any state 14,827
funds are used for this purpose, federal funds in an equal amount 14,828
shall be distributed for vocational education in accordance with 14,829
authorization of the state plan for vocational education for Ohio 14,830
as approved by the Secretary of the United States Department of 14,832
Education.
The Legislative Office of Education Oversight shall study 14,835
the various programs designed to serve at-risk high school 14,836
students. Differences and possible overlaps of purposes, goals, 14,837
objectives and strategies among such programs as Jobs for Ohio 14,839
330
Graduates (JOG), Graduation, Reality, and Dual Role Skills 14,842
(GRADS), Occupational Work Experience (OWE), and Occupational 14,843
Work Adjustment (OWA) will be identified. 14,844
Of the foregoing appropriation item 200-545, Vocational 14,846
Education Enhancements, $100,000 in fiscal year 1998 shall be 14,848
used for the Cuyahoga County Vocational Apprenticeship Program, 14,850
which provides funding for training in the building trades of 14,852
eligible residents of the City of Cleveland. The program 14,853
utilizes new housing development and rehabilitation programs of 14,854
four nonprofit neighborhood development corporations as the focus 14,855
of the skills training apprenticeship program. The four 14,856
neighborhood development corporations participating in the 14,857
program are the Glenville Development Corporation, Northeastern 14,859
Neighborhood Development Corporation, Bell, Burton, and Carr 14,860
Development Corporation, and the Buckeye Area Development 14,862
Corporation.
Of the foregoing appropriation item 200-545, Vocational 14,864
Education Enhancements, $5,851,692 in fiscal year 1999 shall be 14,866
used to enable students to develop career plans, to identify 14,867
initial educational and career goals, and to develop a career
passport which provides a clear understanding of the student's 14,868
knowledge, skills, and credentials to present to future 14,869
employers, universities, and other training institutes. 14,870
The amount of $5,851,692 shall be allocated to school 14,872
districts pursuant to guidelines developed by the Department of 14,874
Education for programs described in section 3313.607 of the 14,876
Revised Code for children in the kindergarten through twelfth 14,877
grades. Funds so allocated shall be used for educational 14,878
materials, services, career information, curriculum development,
staff development, mentorships, career exploration, and career 14,879
assessment instruments as needed to develop individualized career 14,880
plans and passports.
Of the foregoing appropriation item 200-545, Vocational 14,882
Education Enhancements, $4,941,622 shall be used to provide an 14,884
331
amount to each eligible school district for the replacement or
updating of equipment essential for the instruction of students 14,885
in job skills taught as part of a vocational program or programs 14,886
approved for such instruction by the State Board of Education. 14,888
School districts replacing or updating vocational education 14,889
equipment may purchase or lease such equipment. The Department 14,890
of Education shall review and approve all equipment requests and 14,891
may allot appropriated funds to eligible school districts on the 14,893
basis of the number of units of vocational education in all 14,894
eligible districts making application for funds. 14,895
The State Board of Education may adopt standards of need 14,898
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 14,900
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 14,901
be provided to a school district on a 40, 50, or 60 per cent of 14,902
cost on the basis of a district vocational priority index rating 14,903
developed by the Department of Education for all districts each 14,905
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 14,906
shall include other socio-economic factors as determined by the 14,907
State Board of Education. 14,908
Of the foregoing appropriation item 200-545, Vocational 14,910
Education Enhancements, up to $17,000,000 $24,193,118 in fiscal 14,912
year 1999 shall be used for the Vocational Education Programs 14,914
set-aside, from which moneys shall be distributed PROVIDE FUNDS 14,916
to school districts for vocational education programs in 14,917
comprehensive high schools AND WHICH SHALL INCLUDE THE 14,918
GRADUATION, REALITY AND DUAL ROLE SKILLS (GRADS) PROGRAM 14,919
ACCORDING TO THAT PROGRAM'S RULES, WHICH SHALL BE DEVELOPED BY 14,920
THE SUPERINTENDENT OF PUBLIC INSTRUCTION. In addition to any 14,922
other payments made under Chapter 3317. of the Revised Code, any
city, local, or exempted village school district providing an 14,923
approved vocational education program may receive a supplemental 14,924
332
vocational education payment from the set-aside for the purpose 14,925
of meeting additional costs of providing vocational education. 14,926
The moneys shall be distributed in accordance with rules adopted 14,927
by the Superintendent of Public Instruction. The rules shall
specify the vocational education related purposes for which the 14,928
moneys received may be expended and may establish a system of 14,929
prioritizing the distribution of moneys. 14,930
Reading Improvement 14,932
The foregoing appropriation item 200-551, Reading 14,934
Improvement, shall be used by the Department of Education to fund 14,935
the Reading Recovery training network, to cover the cost of 14,936
release time for the teacher trainers, and to provide grants to 14,937
districts to implement other reading improvement programs on a 14,939
pilot basis. Funds for this appropriation item may also be used 14,941
to conduct evaluations of the impact and effectiveness of Reading 14,942
Recovery and other reading improvement programs. 14,943
In addition, the Department of Education shall report to 14,945
the General Assembly and the Governor each fiscal year on the 14,946
progress that has been made in implementing these programs, 14,947
including an evaluation of the effectiveness of the programs. 14,948
Twenty per cent of the foregoing appropriation item 14,950
200-551, Reading Improvement, shall be used for the continuation 14,951
of a phonics demonstration project as described in Sub. H.B. 81 14,952
of the 121st General Assembly. The Department of Education may 14,954
make a portion of the funds for the demonstration project 14,955
available to additional school districts that want to participate 14,956
in the program that did not receive funding under the original 14,957
project authorized in Sub. H.B. 81 of the 121st General Assembly. 14,958
County MR/DD Boards-Vehicle Purchases 14,960
The foregoing appropriation item 200-552, County MR/DD 14,962
Boards-Vehicle Purchases, shall be used to provide financial 14,963
assistance to MR/DD boards for the purchase of vehicles as 14,964
permitted in section 3317.07 of the Revised Code. 14,965
The foregoing appropriation item 200-553, County MR/DD 14,967
333
Boards-Transportation Operating, shall be used to provide 14,968
financial assistance for transportation operating costs as 14,969
provided in section 3317.024 of the Revised Code. 14,970
Emergency Loan Interest Subsidy 14,972
The foregoing appropriation item 200-558, Emergency Loan 14,974
Interest Subsidy, shall be used to provide a subsidy to school 14,976
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 14,977
these districts the difference between the amount of interest the 14,979
district is paying on an emergency loan, and the interest that 14,980
the district would have paid if the interest rate on the loan had 14,981
been two per cent.
Auxiliary Services Mobile Repair 14,983
Notwithstanding section 3317.064 of the Revised Code, if 14,985
the unobligated cash balance is sufficient then the Treasurer of 14,986
State shall transfer $1,500,000 in fiscal year 1998 within thirty 14,987
days of the effective date of this section and $1,500,000 in 14,988
fiscal year 1999 by August 1, 1998, from the Auxiliary Services 14,989
Personnel Unemployment Compensation Fund to the Department of 14,990
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 14,991
Sec. 50.24. Lottery Profits 14,996
(A) There is hereby created the Lottery Profits Education 14,998
Reserve Fund (Fund 018) in the State Treasury. At no time shall 14,999
the amount to the credit of the fund exceed $50,000,000. 15,001
Investment earnings of the Lottery Profits Education Reserve Fund 15,002
shall be credited to the fund. Notwithstanding any provisions of 15,003
law to the contrary, for fiscal years 1998 and 1999, there is 15,005
hereby appropriated to the Department of Education, from the 15,006
Lottery Profits Education Reserve Fund, an amount necessary to 15,007
make loans authorized by sections 3317.0210, 3317.0211, and 15,008
3317.62 of the Revised Code. All loan repayments from loans made 15,009
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, or 1998 shall 15,010
be deposited into the credit of the Lottery Profits Education 15,012
Reserve Fund.
334
(B) On or before July 15, 1998, the Director of Budget and 15,014
Management shall determine the amount by which lottery profit 15,015
transfers received by the Lottery Profits Education Fund for 15,016
fiscal year 1998 exceed $679,417,200. The amount so determined 15,017
shall be distributed in fiscal year 1999 pursuant to divisions 15,018
(C)(E) and (D)(F) of this section. 15,019
The Director of Budget and Management shall annually 15,021
certify the amounts determined pursuant to this section to the 15,022
Speaker of the House of Representatives and the President of the 15,023
Senate. 15,024
(C) NOT LATER THAN JANUARY 16, 1998, THE DEPARTMENT OF 15,028
EDUCATION, IN CONSULTATION WITH THE DIRECTOR OF BUDGET AND 15,030
MANAGEMENT, SHALL DETERMINE, BASED UPON ESTIMATES, IF A
REALLOCATION OF FUNDS AS DESCRIBED IN THE SECTION TITLED 15,032
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 15,033
ASSEMBLY IS REQUIRED. 15,034
IF A REALLOCATION OF FUNDS IS REQUIRED, THEN THE 15,037
SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL REQUEST CONTROLLING 15,039
BOARD APPROVAL FOR A RELEASE OF ANY BALANCES IN THE LOTTERY 15,040
PROFITS EDUCATION FUND AVAILABLE FOR THE PURPOSE OF THIS DIVISION 15,041
AND PURSUANT TO DIVISIONS (C)(1) AND (2) OF THE SECTION TITLED 15,043
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215. ANY MONEYS SO 15,045
RELEASED ARE HEREBY APPROPRIATED. 15,046
(D) IN FISCAL YEAR 1998, IF THE DEPARTMENT OF EDUCATION 15,049
DOES NOT DETERMINE THAT A REALLOCATION OF FUNDS IS NECESSARY BY 15,051
JANUARY 16, AS PROVIDED IN DIVISION (C) OF THIS SECTION, OR IF 15,052
THERE IS A BALANCE IN THE LOTTERY PROFITS EDUCATION FUND AFTER 15,054
THE RELEASE OF ANY AMOUNT NEEDED TO PRECLUDE A REALLOCATION OF 15,055
FUNDS AS PROVIDED IN DIVISION (C) OF THIS SECTION, THE MONEYS IN 15,056
THE LOTTERY PROFITS EDUCATION FUND SHALL BE ALLOCATED AS PROVIDED 15,058
IN THIS DIVISION. ANY AMOUNTS SO ALLOCATED ARE HEREBY 15,059
APPROPRIATED. 15,060
(1) AN AMOUNT EQUAL TO FIVE PER CENT OF THE ESTIMATED 15,062
LOTTERY PROFITS OF $661,200,000 IN FISCAL YEAR 1997 OR THE AMOUNT 15,063
335
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,064
TRANSFERRED TO THE LOTTERY PROFITS EDUCATION RESERVE FUND WITHIN 15,066
THE LIMITATIONS SPECIFIED IN DIVISION (A) OF THIS SECTION AND BE 15,067
RESERVED AND SHALL NOT BE AVAILABLE FOR ALLOCATION OR 15,068
DISTRIBUTION DURING FISCAL YEAR 1998. ANY AMOUNTS EXCEEDING 15,069
$50,000,000 SHALL BE DISTRIBUTED PURSUANT TO DIVISIONS (D)(2), 15,070
(3), AND (4) OF THIS SECTION. 15,071
(2) AFTER RESERVING THE REQUIRED AMOUNT UNDER DIVISION 15,074
(D)(1) OF THIS SECTION, AN AMOUNT EQUAL TO $25,000,000 OR THE
UNRESERVED AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER 15,075
AMOUNT, SHALL BE TRANSFERRED TO THE PUBLIC SCHOOL BUILDING FUND 15,078
(FUND 021) TO BE ALLOCATED AND DISTRIBUTED IN ACCORDANCE WITH 15,079
CHAPTER 3318. OF THE REVISED CODE. THE SCHOOL FACILITIES 15,080
COMMISSION SHALL SUBMIT ANNUALLY A REPORT TO THE GOVERNOR AND 15,081
GENERAL ASSEMBLY ON THE USE OF THESE FUNDS. THE REPORT SHALL 15,082
INCLUDE FOR EACH PROJECT, A DESCRIPTION OF THE NEED FOR THE 15,083
PROJECT, THE TOTAL COST, THE STATE AND LOCAL SHARE OF THE COST, 15,084
AND THE PROJECT REPAYMENT SCHEDULE. 15,085
(3) AFTER THE ALLOCATION UNDER DIVISION (D)(2) OF THIS 15,087
SECTION, AN AMOUNT EQUAL TO $20,000,000 OR THE UNRESERVED AMOUNT 15,088
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,089
ALLOCATED TO THE SCHOOL FACILITIES COMMISSION TO ASSIST SCHOOL 15,091
DISTRICTS IN COMPLYING WITH FEDERAL REGULATIONS ON ASBESTOS 15,092
ABATEMENT AND REMOVAL AND TO ASSIST SCHOOL DISTRICTS IN MAKING 15,093
SCHOOL BUILDINGS ACCESSIBLE TO THE HANDICAPPED. 15,094
(4) AFTER THE ALLOCATION UNDER DIVISION (D)(3) OF THIS 15,096
SECTION, THE UNRESERVED AMOUNT REMAINING IN THE FUND SHALL BE 15,097
DISTRIBUTED PURSUANT TO DIVISION (G) OF THIS SECTION. 15,098
(E) Not later than January 16, 1999, the Department of 15,100
Education, in consultation with the Director of Budget and 15,101
Management, shall determine, based upon estimates, if a 15,102
reallocation of funds as described in the section titled 15,103
"Reallocation of Funds" of Am. Sub. H.B. 215 of the 122nd General 15,104
Assembly is required. 15,105
336
If a reallocation of funds is required, then the 15,107
Superintendent of Public Instruction shall request Controlling 15,108
Board approval for a release of any balances in the Lottery 15,109
Profits Education Fund available for the purpose of this division 15,110
and pursuant to divisions (C)(1) and (2) of the section titled 15,111
"Reallocation of Funds" of AM. SUB. H.B. 215. Any moneys so 15,113
released are hereby appropriated.
(D)(F) In fiscal year 1999, if the Department of Education 15,115
does not determine that a reallocation of funds is necessary by 15,116
January 16, as provided in division (C)(E) of this section, or if 15,118
there is a balance in the Lottery Profits Education Fund after
the release of any amount needed to preclude a reallocation of 15,119
funds as provided in division (C)(E) of this section, the moneys 15,121
in the Lottery Profits Education Fund shall be allocated as
provided in this division. Any amounts so allocated are hereby 15,122
appropriated.
(1) An amount equal to five per cent of the estimated 15,124
lottery profits transfers of $679,417,200 in fiscal year 1998 or 15,125
the amount remaining in the fund, whichever is the lesser amount, 15,126
shall be transferred to the Lottery Profits Education Reserve 15,127
Fund within the limitations specified in division (A) of this 15,128
section and be reserved and shall not be available for allocation 15,129
or distribution during fiscal year 1999. Any amounts exceeding 15,130
$50,000,000 shall be distributed pursuant to divisions (D)(F)(2), 15,132
(3), and (4) of this section.
(2) After reserving the required amount under division 15,135
(D)(F)(1) of this section, an amount equal to $25,000,000 or the 15,136
unreserved amount remaining in the fund, whichever is the lesser 15,137
amount, shall be transferred to the School Building Fund (Fund 15,138
021) to be allocated and distributed in accordance with Chapter 15,139
3318. of the Revised Code. The School Facilities Commission 15,141
shall submit annually a report to the Governor and General 15,142
Assembly on the use of these funds. The report shall include for 15,143
each project, a description of the need for the project, the 15,144
337
total cost, the state and local share of the cost, and the 15,145
project repayment schedule. 15,146
(3) After the allocation under division (D)(F)(2) of this 15,148
section, an amount equal to $20,000,000 or the unreserved amount 15,149
remaining in the fund, whichever is the lesser amount, shall be 15,150
allocated to the School Facilities Commission to assist school 15,152
districts in complying with federal regulations on asbestos 15,153
abatement and removal and to assist school districts in making 15,154
school buildings accessible to the handicapped. 15,155
(4) After the allocation under division (D)(F)(3) of this 15,157
section, the amount remaining in the fund shall be distributed 15,158
pursuant to division (E)(G) of this section. 15,159
(E)(G) In the appropriate fiscal year, any remaining 15,161
amounts after the operations required by division (C)(D) or 15,163
(D)(F) of this section, respectively, shall be available for 15,164
distribution in accordance with this division. 15,165
(1) As used in this division: 15,167
(a) "State basic aid" means the amount computed for a 15,170
district under sections 3317.022, 3317.023, and 3317.025 to
3317.028 of the Revised Code, plus any amount computed for the 15,172
district under section 3317.0212 of the Revised Code Basic Aid 15,173
Guarantee" of this act or any amount computed under section 15,174
3317.16 of the Revised Code.
(b) "ADM" means: 15,176
(i) In the case of a city, local, or exempted village 15,178
school district, the district's formula ADM as defined in section 15,180
3317.02 of the Revised Code, minus the portion of ADM computed 15,181
under division (A)(3) of section 3317.03 of the Revised Code for 15,182
students that are enrolled in a joint vocational school district;
(ii) In the case of a joint vocational school district, 15,184
the sum of the number of pupils enrolled in that joint vocational 15,185
school district. 15,186
(2) Ninety-seven and forty-three one-hundredths per cent 15,188
of the amount made available for distribution under this division 15,189
338
in each fiscal year shall be distributed to city, local, joint 15,190
vocational, and exempted village school districts eligible to 15,192
receive funds pursuant to Chapter 3317. of the Revised Code in 15,193
proportion to the percentage that the ADM of each such district 15,194
is of the ADM of all such districts and shall be for the use of 15,196
the public schools of the district. Two and fifty-seven 15,197
one-hundredths per cent of such amount made available for 15,198
distribution under this division in each fiscal year shall be 15,199
distributed to nonpublic schools for the purposes of section 15,200
3317.063 of the Revised Code. Not later than the first day of 15,201
March of each fiscal year, the Department of Education shall 15,202
compute each school district's share for that year of the amount 15,204
to be distributed under this division and shall, subject to 15,205
Controlling Board approval, distribute the shares so determined. 15,206
Amounts distributed to school districts pursuant to this 15,209
division shall be used solely to purchase textbooks and 15,210
equipment. If funds have been appropriated by a board for any 15,211
purposes permitted under this section, the amounts distributed to 15,212
the district or educational service center under this division
shall be used for additional expenditures for such purposes and 15,214
shall not be substituted for funds previously appropriated by the 15,215
board.
(3) Districts and nonpublic schools shall report to the 15,218
Department of Education no later than the last day of May of each 15,219
fiscal year on the usage of funds received under this division. 15,220
The Department of Education shall compile district data and 15,221
report on the usage of all funds distributed under this division 15,223
to the Controlling Board by the last day of June of each fiscal 15,224
year. If the department determines that a district used funds 15,225
distributed pursuant to this division for purposes not permitted, 15,226
it shall reduce the district's state basic aid payments for the 15,227
ensuing fiscal year by the amount improperly used. 15,228
It is the intent of the General Assembly that moneys 15,230
distributed pursuant to this section shall not be included in any 15,231
339
spending base calculations when appropriations for the 1999-2000 15,232
biennium are being considered. 15,233
Sec. 50.44. (A) There is hereby created the Teacher 15,236
Professional Development Task Force. The purpose of the task 15,237
force shall be to develop a comprehensive structure for the
delivery of continuing professional development for teachers 15,238
employed in the state's primary, secondary, vocational, and 15,239
special educational system. On or before August 1, 1998 JANUARY 15,241
1, 1999, the task force shall issue to the President of the 15,242
Senate, the Speaker of the House of Representatives, and the 15,243
State Superintendent of Public Instruction a report outlining a 15,244
comprehensive structure for the delivery of continuing 15,245
professional development to such school teachers. On the date of 15,247
the issuance of its report, the task force is abolished.
(B) The task force shall be composed of six legislators, 15,250
three appointed by the President of the Senate and three by the 15,251
Speaker of the House of Representatives. No more than two of the 15,252
appointed members from each house shall be members of the same 15,253
political party. From among these six appointed members, the 15,254
President of the Senate and the Speaker of the House of 15,255
Representatives jointly shall appoint a chair of the Task Force. 15,256
Ex-officio nonvoting members of the task force shall include the 15,257
State Superintendent of Public Instruction, or the 15,258
Superintendent's designee; the Director of Budget and Management, 15,259
or the Director's designee; a member appointed by the head 15,260
official of the Ohio State School Boards Association; a member 15,261
appointed by the head official of the Ohio Association of 15,262
Educational Service Center Superintendents; a member appointed by 15,263
the head official of the Ohio Education Association; a member 15,264
appointed by the head official of the Ohio Federation of 15,265
Teachers; a member appointed by the head official of the Buckeye 15,266
Association of School Administrators; and two members of the 15,267
institutions of higher education that have teacher education 15,268
colleges, one member of which shall be from such a public 15,269
340
institution appointed by the Chancellor of the Board of Regents 15,270
and the other shall be from such a private institution appointed 15,271
by the head official of the Association of Independent Colleges 15,272
and Universities of Ohio. The voting members of the task force 15,273
may appoint, by a majority vote, additional ex-officio nonvoting 15,274
members to serve on the task force. The Legislative Service 15,275
Commission and the Legislative Budget Office shall provide staff 15,276
and services to the task force. 15,277
Sec. 50.52.5. Each contract entered into between a sponsor 15,279
and the governing authority of a community school shall specify 15,280
the following: 15,281
(A) That the school shall be established as a nonprofit 15,283
corporation established under Chapter 1702. of the Revised Code; 15,285
(B) The education program of the school, including the 15,287
school's mission, the characteristics of the students the school 15,288
is expected to attract, the ages and grades of students, and the 15,289
focus of the curriculum; 15,290
(C) Performance standards and assessments by which the 15,292
success of the school will be evaluated by the sponsor, which 15,293
shall include the statewide proficiency tests; 15,294
(D) The admission standards of Subsection 8 of this 15,296
section; 15,297
(E) Dismissal procedures; 15,299
(F) The ways by which the school will achieve racial and 15,301
ethnic balance reflective of the community it serves; 15,302
(G) Requirements and procedures for program and financial 15,305
audits, including audits by the Auditor of State and the 15,306
Department of Education. The contract shall require financial 15,308
records of the school to be maintained in the same manner as are
financial records of school districts, pursuant to rules of the 15,309
Auditor of State, AND THE AUDITS SHALL BE CONDUCTED IN ACCORDANCE 15,310
WITH SECTION 117.10 OF THE REVISED CODE. 15,311
(H) Facilities to be used, their location, and their 15,313
method of acquisition;
341
(I) Qualifications of teachers, including a requirement 15,315
that the school's classroom teachers be certificated in 15,316
accordance with sections 3319.22 to 3319.31 of the Revised Code, 15,317
except that a community school may engage noncertificated persons 15,319
to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code; 15,320
(J) That the school will comply with the following 15,322
requirements: 15,323
(1) The school will provide learning opportunities to a 15,325
minimum of twenty-five students for a minimum of nine hundred 15,327
twenty hours per school year;
(2) The governing authority will purchase liability 15,330
insurance, or otherwise provide for the potential liability of 15,331
the school;
(3) The school will be nonsectarian in its programs, 15,334
admission policies, employment practices, and all other 15,335
operations, and will not be operated by a sectarian school or 15,336
religious institution;
(4) The school will comply with sections 9.90, 9.91, 15,338
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 15,340
3301.0711, 3301.0714, 3313.33, 3313.50, 3313.643, 3313.66, 15,341
3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 15,342
3313.71, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 15,343
4111.17, and 4113.52 and Chapters 102., 117., 1347., 2744., 15,345
4112., 4123., 4141., and 4167. of the Revised Code as if it were 15,347
a school district; 15,348
(5) The school will comply with sections 3313.61 and 15,350
3313.611 of the Revised Code, except that the requirement in 15,353
those sections that a person must successfully complete the 15,354
curriculum in any high school prior to receiving a high school 15,355
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 15,357
curriculum specified in Title XXXIII of the Revised Code or any 15,358
rules of the state board of education;
342
(6) The school governing authority will submit an annual 15,360
report of its activities and progress in meeting the goals and 15,361
standards of division (C) of this subsection and its financial 15,362
status to the sponsor and to, the parents of all students 15,363
enrolled in the school, AND THE LEGISLATIVE OFFICE OF EDUCATION 15,364
OVERSIGHT. The financial statement shall be in such form as 15,365
shall be prescribed by the Auditor of State. 15,366
(K) Arrangements for providing health and other benefits 15,368
to employees; 15,369
(L) The length of the contract, which shall not exceed 15,371
five years nor extend beyond June 30, 2003; 15,372
(M) The governing authority of the school, which shall be 15,374
responsible for carrying out the provisions of the contract, and 15,375
a description of the process by which the governing authority 15,376
will be selected in the future; 15,377
(N) A financial plan detailing an estimated school budget 15,379
for each year of the period of the contract and specifying the 15,380
total estimated per pupil expenditure amount for each such year. 15,381
The plan shall specify for each year the base formula amount that 15,383
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 15,384
year shall not exceed the formula amount defined under division 15,386
(B) of section 3317.02 of the Revised Code. 15,387
(O)(1) Requirements and procedures regarding the 15,389
disposition of employees, equipment, materials, supplies, and 15,390
facilities of the school in the event the contract is terminated 15,391
or not renewed pursuant to this section;
(2) Provisions to ensure that, if for any reason a school 15,394
must close prior to June 30, 2003, the school will be kept open 15,395
for students to attend until the end of the school year in which 15,396
it is determined that the school must close;
(3) Provisions establishing procedures for resolving 15,398
disputes or differences of opinion between the sponsor and the 15,399
governing authority of the community school. 15,400
343
(P) Whether or not the school is to be created by 15,402
converting all or part of an existing public school and, if it 15,403
is, specification of any duties or responsibilities of an 15,404
employer that the board of education that operated the school 15,405
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of 15,406
employees provided the delegation is not prohibited by a 15,408
collective bargaining agreement applicable to such employees. 15,409
(Q) Any additional details concerning the management and 15,411
administration of the school; 15,412
(R) If the proposed community school is a currently 15,414
existing public school, alternative arrangements, approved by the 15,416
board of education of the school district in which the school is
located, for current public school students who choose not to 15,418
attend the school and teachers who choose not to teach in the 15,419
school after conversion;
(S) THAT THE SCHOOL SHALL BE THE CUSTODIAN OF ALL MONEY 15,421
RECEIVED DURING THE FIRST FULL FISCAL YEAR OF ITS OPERATION AND 15,422
DURING SUBSEQUENT YEARS UNLESS ANOTHER CUSTODIAN IS DESIGNATED IN 15,423
THE CONTRACT TO RECEIVE AND MAINTAIN THE FIRST-YEAR REVENUE. 15,424
Sec. 50.52.10. (A) As used in this subsection: 15,428
(1) "Base formula amount" means the amount specified as 15,431
such in a community school's financial plan for a school year 15,432
pursuant to Subsection 5 of this section.
(2) "Cost-of-doing-business factor" has the same meaning 15,434
as in section 3317.02 of the Revised Code. 15,436
(3) "IEP" means an individualized education program 15,439
defined by division (E) of section 3323.01 of the Revised Code. 15,440
(4) "Actual AVERAGE COUNTY cost" means the actual cost, 15,443
AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing 15,444
special education and related services to a special education 15,445
student pursuant to an IEP in the school district where that 15,446
student is entitled to attend school pursuant to sections 3313.64
and 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, 15,447
344
as calculated in a manner acceptable to the Superintendent of 15,449
Public Instruction.
(5) "Basic aid" means the amount computed for a district 15,451
under divisions (A) and (C) of section 3317.022 of the Revised 15,454
Code.
(6) "Guarantee funds" means any payments received by a 15,456
school district pursuant to section 3317.0212 of the Revised 15,457
Code.
(7) "Per pupil state funds" for a district means the 15,459
figure obtained when the sum of the district's total annual basic 15,460
aid payments plus guarantee funds is divided by the district's 15,461
formula ADM as certified in section 3317.03 of the Revised Code. 15,465
(8) "Entitled to attend school in the district" means a 15,467
student is entitled to attend school in a district pursuant to 15,468
the provisions of section 3313.64 or 3313.65 of the Revised Code. 15,469
(B) The state board of education shall adopt rules 15,471
requiring both of the following: 15,472
(1) The board of education of each city, exempted village, 15,474
and local school district in the Lucas County area to annually 15,475
report the number of students entitled to attend school in the 15,476
district pursuant to section 3313.64 or 3313.65 of the Revised 15,478
Code IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 15,479
KINDERGARTEN STUDENTS, who are enrolled in a community school 15,480
established under this chapter SECTION and for each child, both 15,481
of the following: 15,482
(a) The community school in which the child is enrolled. 15,485
In addition, for each such child receiving special education and 15,486
related services in a community school pursuant to an IEP the 15,487
board shall report the actual AVERAGE COUNTY cost for such child. 15,489
(b) If the district receives disadvantaged pupil impact 15,491
aid for the child pursuant to DIVISION (B) OR DIVISIONS (C) AND 15,493
(E) OF section 3317.029 of the Revised Code, the amount received 15,495
for such child. 15,496
(2) The governing authority of each community school 15,498
345
established under this section to annually report the number of 15,499
students IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 15,500
KINDERGARTEN STUDENTS, enrolled in kindergarten through grade 15,501
twelve in the school who are not receiving special education and 15,503
related services pursuant to an IEP, the number of enrolled 15,506
students in kindergarten through grade GRADES ONE THROUGH twelve 15,507
AND ONE-HALF OF THE KINDERGARTEN STUDENTS who are receiving 15,508
special education and related services pursuant to an IEP, the 15,509
number of enrolled preschool students counted in a unit approved 15,511
by the State Board of Education under section 3317.05 of the 15,513
Revised Code, the community school's base formula amount, and for 15,515
each student, the city, exempted village, or local school 15,516
district the student is entitled to attend under section 3313.64 15,517
or 3313.65 of the Revised Code. 15,518
(C) From the payments made to a city, exempted village, or 15,520
local school district under Chapter 3317. and, if necessary, 15,522
sections 321.14 and 323.156 of the Revised Code, the Department 15,523
of Education shall annually subtract all of the following: 15,524
(1) An amount equal to the sum of the amounts obtained 15,526
when, for each community school where the district's students are 15,527
enrolled, the number of the district's students reported under 15,529
division (B)(2) of this subsection IN GRADES ONE THROUGH TWELVE, 15,530
AND ONE-HALF OF THE KINDERGARTEN STUDENTS, who are enrolled in 15,531
kindergarten through grade twelve in that community school and 15,532
are not receiving special education and related services pursuant 15,533
to an IEP is multiplied by the base formula amount of that 15,534
community school as adjusted by the school district's 15,535
cost-of-doing-business factor.
(2) The sum of the actual AVERAGE COUNTY costs for all 15,537
district students reported under division (B)(2) of this 15,539
subsection who are to be receiving special education and related 15,540
services pursuant to an IEP in their respective community 15,541
schools, less the sum of the prorated share for each such 15,542
preschool handicapped student of any amounts received from state 15,544
346
funded units or from any federal funds to provide special 15,545
education and related services to students in kindergarten 15,546
through grade twelve in the respective community schools. This 15,547
prorated share of state unit funding or federal funds received 15,548
for each such student shall be determined on the basis of all 15,550
such funds received by a community school for students receiving 15,551
similar services, as calculated in a manner acceptable to the
Superintendent of Public Instruction. 15,552
(3) An amount equal to the sum of the amounts obtained 15,554
when, for each community school where the district's students are 15,555
enrolled, the number of the district's students enrolled in that 15,556
community school and residing in the district in a family 15,557
participating in Ohio works first under Chapter 5107. of the 15,559
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 15,561
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 15,562
3317.029 of the Revised Code.
(D) The Department shall annually pay to a community 15,565
school, or to the Lucas County Educational Service Center on 15,566
behalf of a start-up school for which the Service Center's
Treasurer is the chief financial officer and ANY custodian of its 15,567
funds DESIGNATED pursuant to subsection 12 5 of this section, all 15,569
of the following:
(1) An amount equal to the sum of the amounts obtained 15,572
when, for each school district where the community school's 15,573
students are entitled to attend school under section 3313.64 or
3313.65 of the Revised Code, the number of students enrolled in 15,574
kindergarten GRADES ONE through grade twelve PLUS ONE-HALF OF THE 15,576
KINDERGARTEN STUDENTS in the school as reported under division 15,577
(B)(2) of this subsection who are not receiving special education 15,578
and related services pursuant to an IEP is multiplied by the 15,579
community school's base formula amount, as adjusted by that 15,580
school district's cost-of-doing-business factor;
(2) For each student enrolled in the school receiving 15,583
347
special education and related services pursuant to an IEP, an 15,584
amount equal to the actual AVERAGE COUNTY cost for such student, 15,585
less a prorated share for a preschool handicapped student of any 15,586
amount received from state funded units or for any student, a 15,587
prorated share of any federal funds to provide special education 15,589
and related services to students in the community school. This 15,590
prorated share shall be determined as described under division 15,591
(C)(2) of this subsection.
(3) An amount equal to the sum of the amounts obtained 15,593
when, for each school district where the community school's 15,594
students are entitled to attend school under section 3313.64 or 15,595
3313.65 of the Revised Code, the number of that district's 15,596
students enrolled in the community school and participating in 15,597
Ohio works first is multiplied by the per pupil amount of 15,598
disadvantaged pupil impact aid that school district receives that 15,600
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 15,601
3317.029 of the Revised Code.
(E) For purposes of counting students in average daily 15,603
membership under section 3317.03 of the Revised Code, prior to 15,605
the first day of classes each year in any community school 15,606
established under this section, the parent, guardian, or 15,607
custodian of each student who is enrolled or intends to enroll 15,608
that year in the community school shall register the student's 15,609
name and address with the superintendent of the school district 15,610
in which the student is entitled to attend school. The
superintendent shall include all such students in the district's 15,611
average daily membership as if the students were enrolled during 15,612
the first full week of October in that school year. 15,613
(F) During the first year of operation of a community 15,615
school under this section, in addition to all other payments made 15,616
to any school district in which a student enrolled in the 15,617
community school is entitled to attend school pursuant to Chapter 15,619
3317. of the Revised Code, the Department of Education shall pay 15,620
such school district for each student enrolled in the community 15,622
348
school who is otherwise entitled to attend school in the district 15,623
an amount equal to 50 per cent of the district's per pupil state 15,624
funds.
(G) A community school may apply to the Department of 15,626
Education for preschool handicapped or gifted unit funding the 15,628
school would receive if it were a school district. Upon request 15,630
of its governing authority, a community school that received unit 15,631
funding as a school district-operated school before it was 15,632
converted to a community school shall retain any units awarded to 15,633
it as a school district-operated school, provided the school 15,634
continues to meet eligibility standards for the unit. 15,635
A community school shall be considered a school district 15,637
and its governing authority shall be considered a board of 15,638
education for the purpose of applying to any state or federal 15,639
agency for grants that a school district may receive under 15,640
federal or state law or any appropriations act of the General 15,641
Assembly. The governing authority of a community school may 15,642
apply to any private entity for additional funds. 15,643
(H) A board of education sponsoring a community school may 15,645
utilize local funds to make enhancement grants to the school or 15,646
may agree, either as part of the contract or separately, to 15,647
provide any specific services to the community school at no cost 15,648
to the school.
(I) A community school may not levy taxes or issue bonds 15,650
secured by tax revenues. 15,652
(J) No community school shall charge tuition for the 15,654
enrollment of any student. 15,656
(K) A community school may borrow money to pay any 15,658
necessary and actual expenses of the school in anticipation of 15,660
the receipt of any portion of the payments to be received by the 15,661
school pursuant to division (D) of this subsection. The school 15,662
may issue notes to evidence such borrowing to mature no later 15,663
than the end of the fiscal year in which such money was borrowed. 15,664
The proceeds of the notes shall be used only for the purposes for 15,666
349
which the anticipated receipts may be lawfully expended by the 15,667
school.
(L) For purposes of determining the number of students for 15,669
which division (D)(3) of this subsection applies in any school 15,671
year, a community school may submit to the state Department of 15,673
Human Services, no later than the first day of March, a list of 15,674
the students enrolled in the school. For each student on the 15,675
list, the community school shall indicate the student's name, 15,676
address, and date of birth and the school district where the
student is entitled to attend school under section 3313.64 or 15,677
3313.65 of the Revised Code. Upon receipt of a list under this 15,678
division, the Department of Human Services shall determine, for 15,679
each school district where one or more students on the list are 15,680
entitled to attend school under section 3313.64 or 3313.65 of the 15,681
Revised Code, the number of students residing in that school
district who were included in the Department's report required by 15,683
section 3317.10 of the Revised Code. The Department shall make 15,684
this determination on the basis of information readily available 15,685
to it. Upon making this determination and no later than ninety 15,686
days after submission of the list by the community school, the 15,687
Department shall report to the state Department of Education the
number of students on the list who reside in each school district 15,688
who were included in the Department's report made pursuant to 15,689
section 3317.10 of the Revised Code. In complying with this 15,691
division, the Department of Human Services shall not report to 15,692
the state Department of Education any personally identifiable 15,693
information on any student."
Section 8. That existing Sections 50, 50.07, 50.08, 50.09, 15,695
50.10, 50.12, 50.13, 50.14, 50.24, 50.44, 50.52.5, and 50.52.10 15,696
of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by 15,697
Am. Sub. H.B. 650 of the 122nd General Assembly, are hereby 15,698
repealed.
Section 9. That Sections 18 and 19 of Am. Sub. H.B. 650 of 15,700
the 122nd General Assembly be amended to read as follows: 15,702
350
"Sec. 18. (A) As used in this section: 15,704
(1) "FY 1998 state aid" means the total amount of state 15,706
money received by a school district under sections 3317.022, 15,707
3317.023, and 3317.025 to 3317.028 of the Revised Code, prior to 15,708
any deductions or credits required by division (G), (I), (J), or 15,709
(K) of section 3317.023, plus any amounts for which the district 15,710
was eligible pursuant to divisions (K), (M), (N), and (O) of 15,712
section 3317.024 and sections 3317.0212 and 3317.0213 of the 15,713
Revised Code, as those divisions and sections existed in fiscal 15,714
year 1998 AS REPORTED ON THE DEPARTMENT OF EDUCATION'S FORM 15,716
"SF-12," ADJUSTED AS FOLLOWS: 15,717
(a) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 15,720
UNITS;
(b) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 15,723
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 15,724
REVISED CODE;
(c) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 15,726
EDUCATIONAL SERVICE CENTER; 15,727
(d) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 15,729
DISTRIBUTED IN FISCAL YEAR 1998 TO OTHER SCHOOL DISTRICTS OR 15,730
EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, OTHER THAN 15,731
PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO 15,732
THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS 15,733
ENTITLED TO ATTEND SCHOOL IN THE DISTRICT; 15,734
(e) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 15,736
DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1998 FOR 15,737
APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR GIFTED 15,738
EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES 15,739
IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER 15,740
SCHOOL DISTRICT; 15,741
(f) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 15,744
VOCATIONAL EDUCATION RECOMPUTATION REQUIRED BY FORMER SECTION 15,745
50.22 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY; 15,747
(g) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 15,750
351
SPECIAL EDUCATION RECOMPUTATION REQUIRED BY FORMER DIVISION (I) 15,751
OF SECTION 3317.023 OF THE REVISED CODE; 15,752
(h) PLUS ANY AMOUNT PAID FOR EQUITY AID UNDER SECTION 15,755
3317.0213 OF THE REVISED CODE. 15,756
(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 15,759
state aid," and "FY 2002 state aid" mean the total amount of 15,760
state money a school district is eligible to receive for the 15,761
applicable fiscal year under sections DIVISIONS (A), (C)(1), AND 15,763
(D) OF SECTION 3317.022, 3317.023, AND SECTIONS 3317.025 to 15,765
3317.028, 3317.029, 3317.0212, and 3317.0213 of the Revised Code, 15,767
plus any amount for which the district is eligible pursuant to 15,768
division (Q)(C) OF SECTION 3317.023, DIVISIONS (G) AND (P) of 15,769
section 1317.024, AND DIVISION (B) OF SECTION 3317.162 of the 15,771
Revised Code, and prior to any deductions or credits required by 15,773
division (B), (D), (E), (F), (G), (H), or (I), (J), OR (K) of 15,775
section 3317.023 OR DIVISION (J) OF SECTION 3317.029 of the 15,777
Revised Code, as those sections are enacted and amended by this 15,778
act.
(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 15,781
actual aid," and "FY 2002 actual aid" means the amount of the 15,782
state aid described in division (A)(2) of this section that was 15,783
actually paid to a school district in the applicable fiscal year 15,784
after the application of divisions (B) to (E) of this section. 15,785
(4) "FY 1998 ADM" has the meaning prescribed in section 15,787
3317.0212 of the Revised Code. 15,788
(5) "Formula amount" has the meaning," "FORMULA ADM," AND 15,791
"THREE-YEAR AVERAGE FORMULA ADM" HAVE THE MEANINGS prescribed in 15,792
section 3317.02 of the Revised Code. 15,793
(5) "ALL-DAY KINDERGARTEN" HAS THE MEANING PRESCRIBED IN 15,795
SECTION 3317.029 OF THE REVISED CODE. 15,796
(B) In fiscal year 1999, notwithstanding any provision of 15,799
law to the contrary, no school district shall receive FY 1999
state aid that is equal to more than THE GREATER OF THE 15,800
FOLLOWING:
352
(1) 110 per cent of FY 1998 state aid. If; 15,802
(2) [1.06 X (FY 1998 STATE AID/FY 1998 ADM< X THE GREATER 15,805
OF FISCAL YEAR 1999 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA 15,806
ADM.
IF a district's projected FY 1999 state aid is more than 15,808
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 15,810
(B)(1) OR (2) OF THIS SECTION, such district shall receive only 15,811
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 15,812
(B)(1) OR (2) OF THIS SECTION in fiscal year 1999. 15,813
(C) In fiscal year 2000, notwithstanding any provision of 15,816
law to the contrary, no school district shall receive FY 2000
state aid that is equal to more than THE GREATER OF THE 15,817
FOLLOWING:
(1) 110 per cent of FY 1999 actual aid. If; 15,820
(2) [1.06 X (FY 1999 ACTUAL AID/FISCAL YEAR 1999 FORMULA 15,823
ADM< X THE GREATER OF FISCAL YEAR 2000 FORMULA ADM OR THREE-YEAR 15,824
AVERAGE FORMULA ADM.
IF a district's projected FY 2000 state aid is more than 15,826
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 15,829
(C)(1) OR (2) OF THIS SECTION, such district shall receive only 15,830
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 15,831
(C)(1) OR (2) OF THIS SECTION in fiscal year 2000. 15,832
(D) In fiscal year 2001, notwithstanding any provision of 15,835
law to the contrary, no school district shall receive FY 2001
state aid that is equal to more than THE GREATER OF THE 15,836
FOLLOWING:
(1) 110 per cent of FY 2000 actual aid. If; 15,839
(2) [1.06 X (FY 2000 ACTUAL AID/FISCAL YEAR 2000 FORMULA 15,842
ADM< X THE GREATER OF FISCAL YEAR 2001 FORMULA ADM OR THREE-YEAR 15,843
AVERAGE FORMULA ADM.
IF a district's projected FY 2001 state aid is more than 15,845
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 15,848
(D)(1) OR (2) OF THIS SECTION, such district shall receive only 15,849
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 15,851
353
(D)(1) OR (2) OF THIS SECTION in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 15,854
law to the contrary, no school district shall receive FY 2002
state aid that is equal to more than THE GREATER OF THE 15,855
FOLLOWING:
(1) 110 per cent of FY 2001 actual aid. If; 15,858
(2) [1.06 X (FY 2001 ACTUAL AID/FISCAL YEAR 2001 FORMULA 15,861
ADM< X THE GREATER OF FISCAL YEAR 2002 FORMULA ADM OR THREE-YEAR 15,862
AVERAGE FORMULA ADM.
IF a district's projected FY 2002 state aid is more than 15,864
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 15,867
(E)(1) OR (2) OF THIS SECTION, such district shall receive only 15,868
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 15,869
(E)(1) OR (2) OF THIS SECTION in fiscal year 2002. 15,870
(F) Notwithstanding any provision of law to the contrary: 15,872
(1) The amount by which a school district's FY 1999 actual 15,875
aid exceeds its FY 1998 state aid is hereby deemed to first 15,876
consist of the disadvantaged pupil impact aid (DPIA) calculated 15,878
under section 3317.029 of the Revised Code. In fiscal year 1999, 15,880
each district shall spend for the purposes set forth in section 15,881
3317.029 of the Revised Code at least the lesser of the amount 15,882
calculated under that section or the amount by which its FY 1999 15,883
actual aid exceeds its FY 1998 state aid. 15,885
(2) The amount by which a school district's FY 2000 actual 15,888
aid exceeds its FY 1999 actual aid is hereby deemed to first 15,890
consist of the DPIA calculated under section 3317.029 of the 15,891
Revised Code. In fiscal year 2000, each district shall spend for 15,892
the purposes set forth in section 3317.029 of the Revised Code at 15,893
least the lesser of the amount calculated under that section or 15,894
the amount by which its FY 2000 actual aid exceeds its FY 1999 15,896
actual aid. 15,897
(3) The amount by which a school district's FY 2001 actual 15,900
aid exceeds its FY 2000 actual aid is hereby deemed to first 15,902
consist of the DPIA calculated under section 3317.029 of the 15,903
354
Revised Code. In fiscal year 2001, each district shall spend for 15,904
the purposes set forth in section 3317.029 of the Revised Code at 15,905
least the lesser of the amount calculated under that section or 15,906
the amount by which its FY 2001 actual aid exceeds its FY 2000 15,908
actual aid. 15,909
(4) The amount by which a school district's FY 2002 actual 15,912
aid exceeds its FY 2001 actual aid is hereby deemed to first 15,914
consist of the DPIA calculated under section 3317.029 of the 15,915
Revised Code. In fiscal year 2002, each district shall spend for 15,916
the purposes set forth in section 3317.029 of the Revised Code at 15,917
least the lesser of the amount calculated under that section or 15,918
the amount by which its FY 2002 actual aid exceeds its FY 2001 15,920
actual aid. 15,921
(G)(1) In lieu of the limitation on the amount of aid a 15,923
district may receive in fiscal year 1999 provided in division (B) 15,924
of this section, the district may receive an amount calculated 15,926
under the following formula, if such amount is greater than the 15,927
amount provided in division (B) of this section:
1.06 times minus (the district's FY 1998 state aid/district's FY 15,931
1998 ADM)} times the district's FY 1999 formula ADM 15,933
(2) In lieu of the limitation on the amount of aid a 15,935
district may receive in fiscal year 2000 provided in division (C) 15,937
of this section, the district may receive an amount calculated 15,938
under the following formula, if such amount is greater than the 15,939
amount provided in division (C) of this section:
1.06 times minus (the district's FY 1999 actual aid/district's FY 15,943
1999 formula ADM)} times the district's FY 2000 formula ADM 15,945
(3) In lieu of the limitation on the amount of aid a 15,947
district may receive in fiscal year 2001 provided in division (D) 15,948
of this section, the district may receive an amount calculated 15,949
under the following formula, if such amount is greater than the 15,950
amount provided in division (D) of this section:
1.06 times minus (the district's FY 2000 actual aid/district's FY 15,954
2000 formula ADM)} times the district's FY 2001 formula ADM 15,956
355
(4) In lieu of the limitation on the amount of aid a 15,958
district may receive in fiscal year 2002 provided in division (E) 15,959
of this section, the district may receive an amount calculated 15,960
under the following formula, if such amount is greater than the 15,961
amount provided in division (E) of this section:
1.06 times minus (the district's FY 2001 actual aid/district's FY 15,963
2001 formula ADM)} times the district's FY 2002 formula ADM THIS 15,965
DIVISION AND DIVISION (G) OF THIS SECTION APPLY ONLY TO DISTRICTS 15,966
SUBJECT TO DIVISION (F) OF SECTION 3317.029 OF THE REVISED CODE.
AS USED IN THIS DIVISION AND DIVISIONS (G) AND (H) OF THIS 15,967
SECTION:
(1) "CAPPED DISTRICT" MEANS A DISTRICT THAT PURSUANT TO 15,969
DIVISION (B), (C), (D), OR (E) OF THIS SECTION WILL NOT RECEIVE 15,971
THE FULL AMOUNT OF FY 1999, FY 2000, FY 2001, OR FY 2002 STATE 15,972
AID.
(2) "DPIA FUNDS" MEANS: 15,974
(a) IN FY 1998, THE AMOUNT CALCULATED FOR THE DISTRICT 15,976
PURSUANT TO DIVISION (B) OF SECTION 3317.023 OF THE REVISED CODE 15,977
AS IT EXISTED IN THAT FISCAL YEAR; 15,978
(b) IN ANY FISCAL YEAR AFTER FY 1998, THE TOTAL AMOUNT 15,980
CALCULATED FOR THE DISTRICT FOR THAT FISCAL YEAR PURSUANT TO 15,981
SECTION 3317.029 OF THE REVISED CODE. 15,982
(3) "EXEMPT DPIA PORTION" MEANS: 15,984
(a) IN THE CASE OF ANY DISTRICT OTHER THAN A CAPPED 15,986
DISTRICT, AN AMOUNT EQUAL TO ZERO; 15,987
(b) IN THE CASE OF A CAPPED DISTRICT, THE AMOUNT RESULTING 15,989
FROM THE APPLICATION OF THE FOLLOWING FORMULA: 15,990
(THE DISTRICT'S DPIA FUNDS FOR THE YEAR 15,992
OF THE CALCULATION MINUS THE DISTRICT'S DPIA 15,993
FUNDS FOR FY 1998) MINUS 15,994
(THE DISTRICT'S ACTUAL AID FOR THE YEAR OF THE CALCULATION MINUS 15,995
THE DISTRICT'S FY 98 STATE AID) 15,996
HOWEVER, IF THIS FORMULA PRODUCES A NEGATIVE NUMBER, THE 15,998
DISTRICT'S EXEMPT DPIA PORTION IS ZERO. 15,999
356
(4) "REQUIRED ALL-DAY KINDERGARTEN" FOR A DISTRICT MEANS 16,001
THE PROVISION OF ALL-DAY KINDERGARTEN TO THE NUMBER OF STUDENTS 16,002
IN THE DISTRICT'S KINDERGARTEN PERCENTAGE SPECIFIED PURSUANT TO 16,003
DIVISION (H)(1) OF SECTION 3317.029 OF THE REVISED CODE. 16,004
(5) "BUILDINGS WITH THE HIGHEST CONCENTRATION OF NEED" AND 16,006
"DPIA INDEX" HAVE THE SAME MEANINGS AS IN SECTION 3317.029 OF THE 16,008
REVISED CODE. 16,009
(G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: 16,011
(1) IN THE CASE OF ANY DISTRICT, THE DISTRICT'S DPIA FUNDS 16,013
ARE HEREBY DEEMED TO FIRST CONSIST OF ANY DISADVANTAGED PUPIL 16,014
IMPACT AID CALCULATED FOR THE DISTRICT FOR ALL-DAY KINDERGARTEN 16,015
UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, AND 16,016
TO NEXT CONSIST OF ANY DISADVANTAGED PUPIL IMPACT AID CALCULATED 16,017
FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 16,018
OF THE REVISED CODE. EACH DISTRICT SHALL EXPEND WHATEVER FUNDS 16,019
NECESSARY TO ENSURE PROVISION OF ITS REQUIRED ALL-DAY
KINDERGARTEN. 16,020
(2) IN FY 1999, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,022
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,023
LEAST FIFTY PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING 16,024
THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR 16,025
THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF 16,026
THE REVISED CODE.
(3) IN FY 2000, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,028
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,029
LEAST SEVENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM 16,030
SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT 16,031
CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF 16,032
SECTION 3317.029 OF THE REVISED CODE.
(4) IN FY 2001 AND THEREAFTER, A DISTRICT SHALL EXPEND ONE 16,034
HUNDRED PER CENT OF ITS DPIA FUNDS FOR THE PURPOSES OF SECTION 16,035
3317.029 OF THE REVISED CODE. 16,036
(5) DISTRICTS SHALL COMPLY WITH THE REQUIREMENTS OF 16,038
DIVISION (G) OF SECTION 3317.029 OF THE REVISED CODE. 16,039
357
(H) THIS DIVISION APPLIES ONLY TO SCHOOL DISTRICTS WITH A 16,041
DPIA INDEX GREATER THAN FOUR. 16,043
IN ANY FISCAL YEAR, EXCLUDING ANY AMOUNTS EXPENDED TO 16,045
PROVIDE THE DISTRICT'S REQUIRED ALL-DAY KINDERGARTEN, THE AMOUNTS 16,046
THAT A DISTRICT IS REQUIRED TO EXPEND PURSUANT TO DIVISION 16,047
(G)(2), (3), (4), OR (5) OF THIS SECTION SHALL BE USED TO LOWER 16,048
THE RATIO OF INSTRUCTIONAL PERSONNEL TO STUDENTS TO ONE TO 16,049
FIFTEEN IN THE CASE OF THE DISTRICT'S REQUIRED ALL-DAY
KINDERGARTEN STUDENTS SERVED IN THE BUILDINGS WITH THE HIGHEST 16,051
CONCENTRATION OF NEED.
Sec. 19. There is hereby established a pupil 16,053
transportation pilot project to demonstrate innovative, 16,054
efficient, and cost-reducing cooperative methods of transporting 16,055
pupils on a countywide basis. The Superintendent of Public 16,057
Instruction shall receive proposals from educational service 16,058
centers and shall approve two locations for the pupil 16,059
transportation pilot project. One location shall be an 16,060
educational service center with a majority of its territory 16,061
included in the same county as a big eight school district; the 16,062
other location shall be an educational service center serving 16,064
three or more school districts in a small, rural county. The
Superintendent of Public Instruction shall select an educational 16,065
service center to participate only if a majority of the 16,066
superintendents of the school districts receiving services from 16,067
the educational service center agree to participate in the 16,068
project and only if the participating school districts are 16,069
contiguous. 16,070
Under the supervision of the educational service center, 16,072
WITH THE APPROVAL OF A MAJORITY OF the superintendents of the 16,074
participating school districts, THE STATE SUPERINTENDENT shall 16,075
cooperatively develop CONTRACT WITH AN INDIVIDUAL, BUSINESS, 16,076
PARTNERSHIP, CORPORATION, OR ORGANIZATION WITH EXPERTISE IN THE 16,077
AREA OF TRANSPORTATION PLANNING FOR THE DEVELOPMENT OF a plan for 16,078
the transportation of pupils by the most efficient method 16,080
358
designed to effect savings in the aggregate transportation costs 16,081
of all the participating school districts. The plan may propose 16,083
the cooperative operation of the equipment and use of the 16,084
personnel of any participating school district and other agreed 16,085
to alternative methods of transporting pupils designed to achieve 16,086
efficiency. Provided however, that every pupil entitled under 16,087
Chapter 3327. of the Revised Code to receive transportation shall 16,088
continue to be transported.
The Legislative Office of Education Oversight shall monitor 16,090
the implementation of the pilot project to determine whether the 16,091
programs suggest innovative, effective cooperative ways to deal 16,092
with the transportation of pupils that may be applicable beyond 16,093
the pilot project locations. 16,094
As used in this section, "big eight school district" has 16,096
the same meaning as in section 3314.02 of the Revised Code." 16,097
Section 10. That existing Sections 18 and 19 of Am. Sub. 16,099
H.B. 650 of the 122nd General Assembly are hereby repealed. 16,101
Section 11. That Section 50.06 of Am. Sub. H.B. 215 of the 16,103
122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. 16,104
Sub. H.B. 650 of the 122nd General Assembly, be amended to read 16,105
as follows:
"Sec. 50.06. School Foundation Basic Allowance Base Cost 16,112
Funding 16,113
Of the foregoing appropriation item 200-501, Base Cost 16,115
Funding, up to $6,000,000 in each year of the biennium shall be 16,117
expended by the State Board of Education for the extended service 16,118
allowance which shall be the teachers' salaries pursuant to the 16,119
schedule contained in section 3317.13 of the Revised Code, plus 16,120
fifteen per cent for retirement and sick leave; up to $425,000 16,122
shall be expended in each year of the biennium for court payments 16,123
pursuant to section 2151.357 of the Revised Code; up to $150,000 16,124
in each year of the biennium shall be expended pursuant to 16,125
section 3313.64 of the Revised Code; THE SUPERINTENDENT OF PUBLIC 16,126
INSTRUCTION SHALL EXPEND IN FISCAL YEAR 1998 THE AMOUNT NECESSARY 16,127
359
FOR THE PURPOSE OF MAKING PAYMENTS FOR THE VOCATIONAL EDUCATION 16,128
PUPIL RECOMPUTATION PURSUANT TO DIVISION (M) OF SECTION 3317.024 16,129
OF THE REVISED CODE AND THE PROVISIONS UNDER THE SECTION HEADED 16,131
"VOCATIONAL EDUCATION PUPIL RECOMPUTATION" IN AM. SUB. H.B. 215 16,133
OF THE 122nd GENERAL ASSEMBLY AND THE SPECIAL EDUCATION PUPIL 16,134
RECOMPUTATION PURSUANT TO DIVISION (I) OF SECTION 3317.023 OF THE 16,135
REVISED CODE; up to $100,000 shall be expended in each year of 16,138
the biennium for supplemental payments pursuant to the section 16,139
headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd 16,141
General Assembly; an amount shall be available each year of the 16,143
biennium for the cost of the reappraisal guarantee pursuant to 16,144
section 3317.04 of the Revised Code; up to $9,000,000 in each 16,145
year of the biennium shall be reserved for payments pursuant to 16,146
sections 3317.026, 3317.027, and 3317.028 of the Revised Code 16,147
EXCEPT THAT THE CONTROLLING BOARD MAY INCREASE THE $9,000,000 16,148
AMOUNT IF PRESENTED WITH SUCH A REQUEST FROM THE DEPARTMENT OF 16,149
EDUCATION. OF THE FOREGOING APPROPRIATION LINE ITEM 200-501, 16,150
BASE COST FUNDING, UP TO $13,861,282 SHALL BE USED IN FISCAL YEAR 16,151
1999 TO PROVIDE ADDITIONAL STATE AID TO SCHOOL DISTRICTS FOR 16,152
STUDENTS IN CATEGORY THREE SPECIAL EDUCATION ADM PURSUANT TO 16,153
DIVISION (C)(4) OF SECTION 3317.022 OF THE REVISED CODE; up to 16,154
$2,000,000 in each year of the biennium shall be reserved for 16,156
Youth Services tuition payments pursuant to section 3317.024 of 16,157
the Revised Code,; up to $1,300,000 in fiscal year 1998 and 16,158
$1,300,000 in fiscal year 1999 for small district aid; for 16,159
districts with an ADM of less than 100, in addition to other 16,160
funds, an amount shall be paid equal to the amount above the 16,161
actual fiscal year 1996 and 1997 amounts for basic aid, including 16,162
any guarantee aid the district would have received in fiscal 16,163
years 1996 and 1997 had the amendments to divisions (D) and (E) 16,164
of section 3317.0212 of the Revised Code, as amended in Am. Sub. 16,165
H.B. 215 of the 122nd General Assembly, been in effect; up to 16,167
$500,000 in each fiscal year shall be used to make payments to 16,168
school districts that lose enrollment due to the implementation 16,169
360
of the community schools program pursuant to Am. Sub. H.B. 215 of 16,170
the 122nd General Assembly; $500,000 shall be transferred each 16,171
year by the Director of Budget and Management to appropriation 16,173
item 200-422, School Management Assistance, to help the 16,174
Department of Education administer, monitor, and implement the
fiscal emergency and fiscal watch provisions under Chapter 3316. 16,175
of the Revised Code. Up; UP to $45,330,000 in fiscal year 1998 16,176
and up to $47,795,600 in fiscal year 1999 shall be reserved to 16,178
fund the state reimbursement of educational service centers
pursuant to section 3317.11 of the Revised Code; and up to 16,179
$1,260,000 in fiscal year 1998 shall be used by the 16,181
Superintendent of Public Instruction to make incentive payments 16,182
in any amounts the superintendent deems necessary to joint 16,183
educational service centers established pursuant to section 16,184
3311.053 of the Revised Code. These supplemental payments may be 16,185
made in fiscal year 1998 to defray the direct or indirect 16,186
expenses of dissolving participating educational service centers.
Each joint educational service center seeking a supplemental 16,187
payment in fiscal year 1998 shall submit to the Superintendent of 16,188
Public Instruction any documents and information that the 16,189
Superintendent may require no later than December 31, 1997. 16,190
Notwithstanding any contrary provision of section 3313.843 16,192
or 3317.11 of the Revised Code as amended by Amended Substitute 16,193
House Bill No. 650 of the 122nd general assembly GENERAL 16,195
ASSEMBLY, students receiving special education programs or 16,196
related services in fiscal year 1998 through a state-funded 16,197
special education classroom unit or a state-funded special 16,198
education related services unit operated by an educational
service center shall receive that program or those services from 16,199
that educational service center in fiscal year 1999 through a 16,200
contract entered into between the educational service center and 16,201
the students' school district of enrollment unless the service 16,202
center and district mutually agree that it is in the best
interests of students to provide the program or services in a 16,203
361
different manner. The contract for fiscal year 1999 shall 16,204
provide for payment to the service center by the students' school 16,205
district of enrollment for the program or services provided by 16,206
the service center. If the service center and school district 16,207
fail to agree on a payment amount for the students, they shall
notify the department of education and the department shall 16,208
determine the amount to be paid. If the service center and the 16,209
district disagree that it is in the best interests of students to 16,210
have the students receive the program or services in fiscal year 16,211
1999 from the service center, the district or service center 16,212
shall notify the department of education and, prior to March 31, 16,213
1998, the department shall determine what manner of program or
services in fiscal year 1999 is in the best interests of the 16,214
students.
Of the foregoing appropriation item 200-501, Base Cost 16,216
Funding, up to $1,000,000 in each fiscal year shall be used by 16,218
the Department of Education for a pilot program to pay for 16,219
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 16,220
facilities described in division (A) of the section titled 16,221
"Private Treatment Facility Pilot Project." 16,222
OF THE FOREGOING APPROPRIATION ITEM 200-501, BASE COST 16,225
FUNDING, AN AMOUNT NO GREATER THAN $40,000,000 IN FISCAL YEAR
1999 SHALL BE DEDUCTED FROM SCHOOL DISTRICTS ON A PRO RATA BASIS 16,227
AND PAID TO COUNTY BOARDS OF MR/DD AND INSTITUTIONS PURSUANT TO 16,228
DIVISION (E) OF 3317.20 OF THE REVISED CODE; AN AMOUNT SHALL BE 16,230
AVAILABLE IN FISCAL YEAR 1999 FOR SCHOOL PSYCHOLOGICAL SERVICES 16,232
AND FOR SPEECH-LANGUAGE SERVICES PURSUANT TO SECTIONS (C) AND (D) 16,233
OF 3317.20 OF THE REVISED CODE. 16,234
The remaining portion of this appropriation item shall be 16,236
expended for base cost funding for the public schools of city, 16,238
local, and exempted village school districts pursuant to 16,239
divisions (A) and (C) of section 3317.022 of the Revised Code. 16,240
Any amounts which were encumbered in fiscal year 1997 by the 16,241
362
Department of Education from appropriation item 200-501, School 16,242
Foundation Basic Allowance, for any of the uses described in 16,244
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 16,245
section, remain unexpended, may be used by the Department of 16,246
Education to make payments for the purposes of sections 3317.027 16,247
and 3317.028 of the Revised Code in excess of the amounts 16,248
specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st
General Assembly, for fiscal year 1997 obligations pursuant to 16,249
sections 3317.027 and 3317.028 of the Revised Code." 16,250
Section 12. That existing Section 50.06 of Am. Sub. H.B. 16,252
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 16,253
182 and Am. Sub. H.B. 650 of the 122nd General Assembly, is 16,254
hereby repealed.
Section 13. That Section 7 of Am. Sub. S.B. 102 of the 16,256
122nd General Assembly be amended to read as follows: 16,257
"Sec. 7. All items set forth in this section are hereby 16,261
appropriated out of any moneys in the state treasury to the 16,262
credit of the School Building Program Assistance Fund (Fund 032). 16,264
Revenues to the School Building Program Assistance Fund shall 16,265
consist of proceeds of obligations authorized to pay costs of 16,266
capital facilities as defined in section 3318.21 of the Revised 16,267
Code.
Appropriations 16,269
SFC SCHOOL FACILITIES COMMISSION 16,270
CAP-737 School Building Program Assistance $ 300,000,000 16,274
Total School Facilities Commission $ 300,000,000 16,276
School Building Assistance 16,279
Of the foregoing appropriation item CAP-737, School 16,281
Building Program Assistance, up to $200,000,000 shall be used by 16,282
the Ohio School Facilities Commission to provide funds to schools 16,283
that receive conditional approval by the Ohio School Facilities 16,285
Commission pursuant to Chapter 3318. of the Revised Code.
Up to $50,000,000 of that amount shall be used by the Ohio 16,287
363
School Facilities Commission to administer the Emergency School 16,288
Building Repair Program, pursuant to section 3318.35 of the 16,289
Revised Code.
Of the foregoing appropriation item CAP-737, School 16,291
Building Program Assistance, notwithstanding Chapter 3318. of the 16,292
Revised Code, up to $100,000,000 shall be used by the Ohio School 16,293
Facilities Commission to provide funds to the big eight school 16,294
districts to be used for major renovations, ADDITIONS, and 16,296
repairs of school facilities. Funds shall be allocated to the 16,297
school districts on a per pupil basis, based on fiscal year 1997 16,298
total average daily membership as defined in section 3317.03 of 16,299
the Revised Code. To be eligible to receive these funds, each 16,300
school district shall: 16,301
(1) Provide a 100 per cent match from funds that are 16,304
approved by the Ohio School Facilities Commission;
(2) Develop and submit a capital renovations plan for the 16,306
use of state and local funds subject to approval by the Ohio 16,307
School Facilities Commission. 16,308
As used in this section, "big eight school district" means 16,310
a school district that for fiscal year 1997 had a percentage of 16,311
children residing in the district and receiving Aid to Dependent 16,312
Children greater than thirty per cent, as reported pursuant to 16,313
section 3317.10 of the Revised Code, and had an average daily 16,314
membership greater than twelve thousand, as reported pursuant to 16,315
division (A) of section 3317.03 of the Revised Code." 16,316
Section 14. That existing Section 7 of Am. Sub. S.B. 102 16,318
of the 122nd General Assembly is hereby repealed. 16,319
Section 15. That Section 50.52.12 of Am. Sub. H.B. 215 of 16,321
the 122nd General Assembly is hereby repealed. 16,322
Section 16. Any school district that is part of an 16,324
educational service center compact that has erroneously filed its 16,325
average daily membership count by not recording its vocational 16,326
students as "vocational education out-of-district" students, 16,327
shall have fifteen years beginning in fiscal year 2000 to repay
364
the Department of Education for overpayments made by the 16,328
Department of Education to such districts during FY 1997. Such 16,329
districts shall not be liable for erroneous payments in previous 16,330
years. The repayments shall be made in equal yearly installments 16,331
and shall be interest free. The repayments shall be in the form 16,332
of funds withheld from state basic aid made to the school
districts pursuant to section 3317.022 of the Revised Code by the 16,333
Department of Education. 16,334
Section 17. The enactment by this act of R.C. 3345.122 is 16,336
intended to confirm the enactment of the section by Am. Sub. H.B. 16,338
215 of the 122nd General Assembly, the biennial operating budget 16,339
measure. The Statement of the Reasons for the Veto of Items in 16,340
Amended Substitute House Bill 215, Item Number Three, states that 16,341
the Governor disapproved the enactment of the section, R.C. 16,342
3345.182, that immediately follows R.C. 3345.122 in Am. Sub. H.B. 16,343
215. In boxing R.C. 3345.182 to indicate this disapproval, 16,344
however, the Governor also boxed R.C. 3345.122. The Statement of 16,345
the Reasons for the Veto of Items, Item Number Three, indicates 16,346
no intention to disapprove R.C. 3345.122. And neither do the 16,347
Governor's disapprovals in the enacting clauses of the title and 16,348
Section 1 of Am. Sub. H.B. 215, where the Governor boxed the 16,349
intention to enact R.C. 3345.182, but not the intention to enact 16,350
R.C. 3345.122.
This section is subject to the referendum. 16,352
Section 18. Notwithstanding anything to the contrary in 16,354
Chapter 3318. of the Revised Code: 16,355
(A) The Ohio School Facilities Commission may complete 16,357
on-site visits pursuant to section 3318.02 of the Revised Code 16,359
and may make the project determinations specified in section 16,360
3318.03 of the Revised Code for up to twelve more school
districts than the number of districts for whose projects the 16,361
Commission projects sufficient funds have been appropriated for 16,362
the biennium ending June 30, 1999. 16,363
(B) The Ohio School Facilities Commission may 16,365
365
conditionally approve and submit projects for such twelve school 16,367
districts to the Controlling Board for approval and the 16,369
Controlling Board may approve such projects, but no state funds
shall be encumbered for the projects. 16,370
(C) A school district whose project is conditionally 16,372
approved under division (B) of this section may accept the 16,373
conditional approval and may submit the proposals required by 16,374
division (A) and (B) of section 3318.05 of the Revised Code to 16,375
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 16,376
Revised Code. However, no school district whose electors approve 16,377
such proposals shall proceed to levy the tax or issue bonds 16,378
authorized by the electorate until the state has encumbered funds 16,379
for the project covered by the proposals and the district and the 16,380
state have entered into the agreement required by section 3318.08
of the Revised Code. 16,381
(D) This section is not subject to the referendum and 16,383
expires on June 30, 2000. 16,384
Section 19. The amendment by this act of section 718.01 16,386
and the enactment by this act of section 715.013 of the Revised 16,387
Code shall be construed to effect the General Assembly's 16,389
intention and understanding, prior to the decision of the Ohio 16,390
Supreme Court in Cincinnati Bell Tel. Co. v. Cincinnati (1998), 16,391
_____ Ohio St.3d _____ (No. 97-310, Decided May 13, 1998), that
the levy of each of the taxes enumerated in section 715.013 of 16,392
the Revised Code preempted the authority of municipal 16,394
corporations to levy any tax on the same or similar subjects for 16,395
the respective periods of time during which the taxes so
enumerated were levied, pursuant to Cincinnati v. Am. Tel. & Tel. 16,396
Co. (1925), 112 Ohio St. 493; Haefner v. Youngstown (1946), 147 16,397
Ohio St. 58; and E. Ohio Gas Co. v. Akron (1966), 7 Ohio St.2d 16,399
73. Therefore, to the extent authorized by the Ohio 16,400
Constitution, the General Assembly hereby prohibits municipal 16,401
corporations from assessing or collecting any tax levied by 16,402
366
municipal corporations that had not been assessed prior to May 16,403
13, 1998, against subjects that are the same as or similar to
those that are subject to the taxes enumerated in section 715.013 16,404
of the Revised Code. To the extent such prohibition is not 16,405
authorized under the Ohio Constitution, any claim by a municipal 16,406
corporation for a tax levied by a municipal corporation that had 16,407
not been assessed prior to the effective date of this section
against subjects that are the same as or similar to those that 16,408
are subject to the taxes enumerated in section 715.013 of the 16,409
Revised Code shall be asserted not later than thirty days after 16,410
the effective date of this section. Nothing in this section 16,411
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 16,412
Supreme Court in Cincinnati Bell Tel. Co. v. Cincinnati. 16,413
This section is subject to the referendum. 16,415
Section 20. Section 5733.04 of the Revised Code is 16,417
presented in this act as a composite of the section as amended by 16,418
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,419
Assembly, with the new language of neither of the acts shown in 16,421
capital letters. This is in recognition of the principle stated 16,422
in division (B) of section 1.52 of the Revised Code that such 16,423
amendments are to be harmonized where not substantively 16,424
irreconcilable and constitutes a legislative finding that such is 16,425
the resulting version in effect prior to the effective date of 16,426
this act.
Section 21. Section 5747.01 of the Revised Code is 16,428
presented in this act as a composite of the section as amended by 16,429
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,430
Assembly, with the new language of neither of the acts shown in 16,432
capital letters. This is in recognition of the principle stated 16,433
in division (B) of section 1.52 of the Revised Code that such 16,434
amendments are to be harmonized where not substantively 16,435
irreconcilable and constitutes a legislative finding that such is 16,436
the resulting version in effect prior to the effective date of 16,437
367
this act.
Section 22. Except as otherwise specifically provided in 16,439
this act, the codified and uncodified sections of law contained 16,440
in this act, and the items of law of which the codified and 16,441
uncodified sections of law contained in this act are composed, 16,442
are not subject to the referendum. Therefore, under Ohio 16,443
Constitution, Article II, Section 1d and section 1.471 of the 16,444
Revised Code, the codified and uncodified sections and items of 16,445
law contained in this act, except as otherwise specifically 16,446
provided in this act, go into immediate effect when this act 16,447
becomes law. 16,448
Section 23. Sections 3313.646, 3313.841, 3313.842, 16,450
3313.975, 3313.98, 3314.02, 3314.03, 3314.06, 3314.07, 3314.08, 16,451
3314.12, 3314.13, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 16,453
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 16,454
3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 16,455
3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3317.20, 3318.06, 16,456
3318.08, 3318.10, 3319.22, 3323.091, and 3323.12 of the Revised 16,457
Code; Section 50.11 of Am. Sub. H.B. 215 of the 122nd General 16,458
Assembly (renumbered as section 3317.162 of the Revised Code); 16,459
Sections 50.52, 50.52.2, 50.52.4, 50.52.7, 50.52.9, and 50.52.12 16,460
of Am. Sub. H.B. 215 of the 122nd General Assembly; Sections 16,461
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 16,462
Assembly; Section 19 of Am. Sub. H.B. 650 of the 122nd General 16,463
Assembly; and Section 18 of this act, as contained in this act, 16,464
and the items of law of which such sections as contained in this 16,466
act are composed, are not subject to the referendum. Therefore, 16,467
under Ohio Constitution, Article II, Section 1d and section 1.471 16,468
of the Revised Code, such sections and items of law are entitled 16,469
to go into immediate effect when this act becomes law. However, 16,470
such sections and items of law take effect on July 1, 1998, or 16,471
the day this act becomes law, whichever is later. 16,472
Section 24. Sections 101.68, 126.14, 131.35, 133.06, 16,475
368
325.19, 715.013, 718.01, 3315.171, 3315.181, 3345.122, 3734.57, 16,476
3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 4981.091, 16,477
5101.93, 5104.32, 5104.34, 5104.35, 5104.38, 5711.22, 5733.04, 16,478
5733.05, 5733.057, 5733.058, 5733.0611, 5733.12, 5733.40, 16,480
5733.401, 5733.402, 5733.98, 5747.01, 5747.08, 5747.401, 5747.43, 16,481
5747.452, 5747.98, and 5907.15 of the Revised Code, as contained 16,482
in this act, and the items of law of which such sections as 16,483
contained in this act are composed, are subject to the 16,484
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, such sections 16,485
and items of law take effect on the ninety-first day after this 16,486
act is filed with the Secretary of State. If, however, a 16,487
referendum petition is filed against any such section or item of 16,488
law, the section or item of law, unless rejected at the 16,489
referendum, takes effect at the earliest time permitted by law. 16,490
Section 25. Uncodified sections of law contained in this 16,492
act, and items of law contained within the uncodified sections of 16,494
law contained in this act, that explicitly state they are subject 16,495
to the referendum are subject to the referendum. Therefore, 16,496
under Ohio Constitution, Article II, Section 1c and section 1.471 16,497
of the Revised Code, the uncodified sections and items of law 16,498
that explicitly state they are subject to the referendum take 16,499
effect on the ninety-first day after this act is filed with the 16,500
Secretary of State. If, however, a referendum petition is filed 16,501
against an uncodified section or item of law that explicitly 16,502
states it is subject to the referendum, the uncodified section or 16,503
item of law, unless rejected at the referendum, takes effect at 16,504
the earliest time permitted by law.
This section defines the effect of an uncodified section or 16,506
item of law explicitly stating that it is subject to the 16,507
referendum, but this section is not itself to be considered 16,508
explicitly to state that it is subject to the referendum. 16,509