As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 55 5
1997-1998 6
SENATORS WATTS-OELSLAGER-B. JOHNSON- 8
REPRESENTATIVES GARDNER-HARRIS-FOX-WILLIAMS-WISE-KASPUTIS-CALLENDER 9
11
A B I L L
To amend sections 3301.0710, 3301.0711, 3302.07, 13
3313.533, 3313.61, 3313.98, 3313.981, 3313.983, 15
3314.01, 3314.02, 3314.03, 3314.05, 3314.10, 16
3317.06, and 3317.064; to enact new sections 17
3302.01, 3302.02, 3302.03, 3302.04, and 3302.05 18
and sections 3313.534, 3313.603, 3313.608, 19
3313.609, 3313.6010, 3314.11, 3314.20, 3321.05, 20
3333.35, and 3365.15; and to repeal sections 21
3301.85, 3302.01, 3302.02, 3302.03, 3302.04, 22
3302.05, and 3302.06 of the Revised Code; to 23
amend Section 50.16 of Am. Sub. H.B. 215 of the 24
122nd General Assembly; contingently to amend 25
sections 3317.02, 3317.023, and 3317.08 of the 26
Revised Code; to revise and establish student 29
academic accountability measures and school 31
district accountability and governance measures, 32
and to provide for cooperation between 33
elementary and secondary and higher education 35
institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 3301.0710, 3301.0711, 3302.07, 39
3313.533, 3313.61, 3313.98, 3313.981, 3313.983, 3314.01, 3314.02, 41
3314.03, 3314.05, 3314.10, 3317.06, and 3317.064 be amended and 42
new sections 3302.01, 3302.02, 3302.03, 3302.04, and 3302.05 and 43
sections 3313.534, 3313.603, 3313.608, 3313.609, 3313.6010, 44
2
3314.11, 3314.20, 3321.05, 3333.35, and 3365.15 of the Revised 45
Code be enacted to read as follows: 46
Sec. 3301.0710. The state board of education shall adopt 55
rules establishing a statewide program to test student 56
proficiency for the purpose of ensuring that students who receive 57
a high school diploma demonstrate at least ninth grade HIGH 58
SCHOOL levels of literacy and basic competency PROFICIENCY in 60
reading, writing, mathematics, science, and citizenship. IN 62
ORDER TO DETERMINE THIS PROFICIENCY, THE MINIMUM STANDARDS SHALL 63
BE APPROPRIATE FOR TENTH GRADE PROFICIENCY LEVEL IN EACH OF THE 64
SPECIFIED AREAS.
(A)(1) The state board shall prescribe five statewide 66
proficiency tests, one each designed to measure skill in reading, 67
writing, mathematics, science, and citizenship, and shall 68
determine and designate the score on each such test that shall be 69
deemed to demonstrate that any student attaining such score has 70
achieved at least a fourth grade level of literacy and basic 71
competency PROFICIENCY in the measured skill. 72
(2) The state board may designate a grade level for 74
testing under this section that is higher than the fourth grade 75
level but lower than the ninth grade level; SHALL prescribe five 76
statewide proficiency tests, one each designed to measure skill 77
in reading, writing, mathematics, science, and citizenship;, and 78
determine and designate the score on each such test that is 79
deemed to demonstrate THAT ANY STUDENT ATTAINING SUCH SCORE HAS 80
ACHIEVED at least the designated A SIXTH grade level of literacy 82
and basic competency PROFICIENCY in the measured skill. No tests 83
may be prescribed under division (A)(2) of this section unless 84
the tests are first administered during a school year that 85
commences on or before July 1, 1995. 86
(3) The state board shall prescribe five statewide 88
proficiency tests, one each designed to measure skill in reading, 89
writing, mathematics, science, and citizenship, and shall 90
determine and designate the score on each such test that shall be 91
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deemed to demonstrate that any student attaining such score has 92
achieved at least a twelfth grade level of literacy and basic 93
competency PROFICIENCY in the measured skill. 94
(B) The state board shall prescribe five statewide HIGH 96
SCHOOL proficiency tests, one each designed to measure skill in 97
reading, writing, mathematics, science, and citizenship, and 98
shall determine and designate the score on each such test that 99
shall be deemed to demonstrate that any student attaining such 100
score has achieved at least a ninth grade THE level of literacy 101
and basic competency PROFICIENCY in the measured skill 103
APPROPRIATE FOR TENTH GRADE. 104
The state board may enter into a reciprocal agreement with 106
the appropriate body or agency of any other state that has 107
similar statewide proficiency testing requirements for receiving 108
high school diplomas, under which any student who has met a 109
proficiency testing requirement of one state is recognized as 110
having met the similar proficiency testing requirement of the 111
other state for purposes of receiving a high school diploma. For 112
purposes of this section and sections 3301.0711 and 3313.61 of 113
the Revised Code, any student enrolled in any public high school 114
in this state and who has met a proficiency testing requirement 115
specified in a reciprocal agreement entered into under this 116
division shall be deemed to have attained at least the applicable 117
score designated under this division on each test required by 118
this division that is specified in the agreement. 119
(C) The state board shall annually designate as follows 121
the dates on which the tests prescribed under this section shall 122
be administered: 123
(1) FOR THE TEST PRESCRIBED UNDER DIVISION (A)(1) OF THIS 126
SECTION TO MEASURE SKILL IN READING, AS FOLLOWS: 127
(a) FOR STUDENTS ENTERING FOURTH GRADE IN SCHOOL YEARS 130
THAT START PRIOR TO JULY 1, 2001, THE SAME DATES PRESCRIBED UNDER 131
DIVISION (C)(2) OF THIS SECTION FOR THE TESTS PRESCRIBED UNDER 132
DIVISION (A)(1) OF THIS SECTION TO MEASURE SKILL IN WRITING, 133
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MATHEMATICS, SCIENCE, AND CITIZENSHIP; 134
(b) FOR STUDENTS ENTERING FOURTH GRADE BEGINNING WITH THE 137
SCHOOL YEAR THAT STARTS JULY 1, 2001: 138
(i) ONE DATE PRIOR TO THE THIRTY-FIRST DAY OF DECEMBER 141
EACH SCHOOL YEAR; 142
(ii) ANY DATES PRESCRIBED UNDER DIVISION (C)(2) OF THIS 145
SECTION FOR THE TESTS PRESCRIBED UNDER DIVISION (A)(1) OF THIS 146
SECTION TO MEASURE SKILL IN WRITING, MATHEMATICS, SCIENCE, AND 147
CITIZENSHIP;
(iii) ONE DATE DURING THE SUMMER FOR STUDENTS RECEIVING 150
SUMMER REMEDIATION SERVICES UNDER DIVISION (B)(3) OF SECTION 151
3313.608 OF THE REVISED CODE. 153
(2) For the tests prescribed under divisions DIVISION 155
(A)(1) OF THIS SECTION TO MEASURE SKILL IN WRITING, MATHEMATICS, 157
SCIENCE, AND CITIZENSHIP and (2) THE TESTS PRESCRIBED UNDER 158
DIVISION (A)(2) of this section, at least one date subsequent to 159
the fifteenth day of March of each school year; 160
(2)(3) For the tests prescribed under division (A)(3) of 162
this section, at least one date subsequent to the thirty-first 163
day of December but prior to the thirty-first day of March of 164
each school year; 165
(3)(4) For the tests prescribed under division (B) of this 167
section, AT LEAST ONE DATE SUBSEQUENT TO THE FIFTEENTH DAY OF 169
MARCH OF EACH SCHOOL YEAR FOR ALL TENTH GRADE STUDENTS AND at
least one date prior to the thirty-first day of December and at 171
least one date subsequent to that date but prior to the 172
thirty-first day of March of each school year FOR ELEVENTH AND
TWELFTH GRADE STUDENTS. 173
(D) In prescribing test dates pursuant to division 176
(C)(3)(4) of this section, the board shall, to the greatest
extent practicable, provide options to school districts in the 178
case of tests administered under that division to tenth, 179
eleventh, and twelfth grade students; AND in the case of tests 181
administered to students pursuant to division (C)(2) of section 183
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3301.0711 of the Revised Code; and in the case of tests 184
administered to ninth grade students under division (C)(3) of 186
this section by school districts administering tests pursuant to 187
division (M) of section 3301.0711 of the Revised Code. Such 188
options shall include at least an opportunity for school 189
districts to give such tests outside of regular school hours. 190
(E) IN PRESCRIBING TEST DATES PURSUANT TO THIS SECTION, 192
THE STATE BOARD OF EDUCATION SHALL DESIGNATE THE DATES IN SUCH A 193
WAY AS TO ALLOW A REASONABLE LENGTH OF TIME BETWEEN THE 194
ADMINISTRATION OF TESTS PRESCRIBED UNDER THIS SECTION AND ANY 195
ADMINISTRATION OF THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS 197
TEST GIVEN TO STUDENTS IN THE SAME GRADE LEVEL PURSUANT TO 198
SECTION 3301.27 OF THE REVISED CODE. 199
Sec. 3301.0711. (A) The department of education shall: 208
(1) Annually furnish, grade, and score all tests required 210
by section 3301.0710 of the Revised Code to city, local, and 211
exempted village school districts; 212
(2) Adopt rules for the ethical use of tests and 214
prescribing the manner in which the tests prescribed by section 215
3301.0710 of the Revised Code shall be administered to students. 216
(B) Except as provided in divisions (C) and (J)(2) of this 218
section, the board of education of each city, local, and exempted 219
village school district shall, in accordance with rules adopted 220
under division (A) of this section: 221
(1) ADMINISTER THE TEST PRESCRIBED UNDER DIVISION (A)(1) 223
OF SECTION 3301.0710 OF THE REVISED CODE TO MEASURE SKILL IN 226
READING AS FOLLOWS: 227
(a) FOR STUDENTS ENTERING FOURTH GRADE IN SCHOOL YEARS 230
THAT START PRIOR TO JULY 1, 2001, AT LEAST ONCE ANNUALLY TO ALL 231
STUDENTS IN THE FOURTH GRADE; 232
(b) FOR STUDENTS ENTERING FOURTH GRADE BEGINNING WITH THE 235
SCHOOL YEAR THAT STARTS JULY 1, 2001, TWICE ANNUALLY TO ALL 237
STUDENTS IN THE FOURTH GRADE WHO HAVE NOT ATTAINED THE SCORE
DESIGNATED FOR THAT TEST UNDER DIVISION (A)(1) OF SECTION 238
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3301.0710 OF THE REVISED CODE AND ONCE EACH SUMMER TO STUDENTS 240
RECEIVING SUMMER REMEDIATION SERVICES UNDER DIVISION (B)(3) OF 241
SECTION 3313.608 OF THE REVISED CODE.
(2) Administer the tests prescribed under division (A)(1) 243
of section 3301.0710 of the Revised Code TO MEASURE SKILL IN 244
WRITING, MATHEMATICS, SCIENCE, AND CITIZENSHIP at least once 245
annually to all students in the fourth grade. 246
(2)(3) Administer any THE tests prescribed under division 249
(A)(2) of section 3301.0710 of the Revised Code at least once 250
annually to all students in the SIXTH grade designated under that 251
division. 252
(3)(4) Administer any tests prescribed under division 254
(A)(3) of section 3301.0710 of the Revised Code at least once 255
annually to any student in the twelfth grade who, on all the 256
tests prescribed under division (B) of that section, has attained 257
the applicable scores designated under such division prior to the 258
first day of January of that year. 259
(4)(5) Administer any test prescribed under division (B) 261
of section 3301.0710 of the Revised Code at AS FOLLOWS: 262
(a) AT least twice ONCE annually, SUBSEQUENT TO THE 265
FIFTEENTH DAY OF MARCH, to:
(a) All ALL TENTH GRADE students AND AT LEAST TWICE 267
ANNUALLY TO ALL STUDENTS in ninth, tenth, eleventh, or twelfth 268
grade who have not yet attained the score on that test designated 269
under that division; 270
(b) Any TO ANY person who has successfully completed the 272
curriculum in any high school or the individualized education 273
program developed for the person by any high school pursuant to 274
section 3323.08 of the Revised Code but has not received a high 275
school diploma and who requests to take such test, at any time 276
such test is administered in the district. 277
(C)(1) Any student receiving special education services 279
under Chapter 3323. of the Revised Code shall be excused from 280
taking any particular test required to be administered under this 281
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section if the individualized education program developed for the 282
student pursuant to section 3323.08 of the Revised Code excuses 283
the student from taking that test. In the case of any student so 284
excused from taking a test, the school district board of 285
education shall not prohibit the student from taking the test. 287
Any student enrolled in a chartered nonpublic school who has been 288
identified, based on an evaluation conducted in accordance with 289
section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as 290
amended, as a child with a disability shall be excused from 291
taking any particular test required to be administered under this 292
section if a plan developed for the student pursuant to rules 293
adopted by the state board excuses the student from taking that 294
test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student 295
from taking the test. 296
(2) A district board may, for medical reasons or other 298
good cause, excuse a student from taking a test administered 299
under this section on the date scheduled, but any such test shall 300
be administered to such excused student not later than fifteen 301
days following the scheduled date. The board shall annually 302
report the number of students who have not taken one or more of 303
the tests required by this section to the state board of 304
education not later than the thirtieth day of June. 306
(D) In the school year next succeeding the school year in 308
which the tests prescribed by division (A)(1) of section 309
3301.0710 of the Revised Code are administered to any student, 310
the board of education of any school district in which the 311
student is enrolled in that year shall provide intervention 312
services to the student in any skill in which the student failed 313
on those tests to demonstrate at least fourth-grade levels of 314
literacy and basic competency. This division does not apply to 315
any student receiving services pursuant to an individualized 316
education program developed for the student pursuant to section 317
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3323.08 of the Revised Code. 318
(E) Except as provided in SECTION 3313.608 OF THE REVISED 320
CODE AND division (N)(M) of this section, no school district 322
board of education shall permit any student to be denied 323
promotion to a higher grade level solely because of the student's 324
failure to attain a specified score on any test administered 325
under this section.
(F) No person shall be charged a fee for taking any test 327
administered under this section. 328
(G) Not later than sixty days after any administration of 330
any test prescribed by section 3301.0710 of the Revised Code, the 331
department shall send to each school district board a list of the 332
individual test scores of all persons taking the test. 333
(H) Individual test scores on any tests administered under 335
this section shall be released by a district board only in 336
accordance with section 3319.321 of the Revised Code and the 337
rules adopted under division (A) of this section. No district 338
board or its employees shall utilize individual or aggregate test 339
results in any manner that conflicts with rules for the ethical 340
use of tests adopted pursuant to division (A) of this section. 341
(I) Except as provided in division (G) of this section, 343
the department shall not release any individual test scores on 344
any test administered under this section and shall adopt rules to 345
ensure the protection of student confidentiality at all times. 346
(J) Notwithstanding division (D) of section 3311.19 and 348
division (D) of section 3311.52 of the Revised Code, this section 349
does not apply to the board of education of any joint vocational 350
or cooperative education school district except as provided under 351
rules adopted pursuant to this division. 352
(1) In accordance with rules that the state board of 354
education shall adopt, the board of education of any city, 355
exempted village, or local school district with territory in a 356
joint vocational school district or a cooperative education 357
school district established pursuant to divisions (A) to (C) of 358
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section 3311.52 of the Revised Code may enter into an agreement 359
with the board of education of the joint vocational or 360
cooperative education school district for administering any test 361
prescribed under this section to students of the city, exempted 362
village, or local school district who are attending school in the 363
joint vocational or cooperative education school district. 364
(2) In accordance with rules that the state board of 366
education shall adopt, the board of education of any city, 367
exempted village, or local school district with territory in a 368
cooperative education school district established pursuant to 369
section 3311.521 of the Revised Code shall enter into an 370
agreement with the cooperative district that provides for the 371
administration of any test prescribed under this section to both 372
of the following: 373
(a) Students who are attending school in the cooperative 375
district and who, if the cooperative district were not 376
established, would be entitled to attend school in the city, 377
local, or exempted village school district pursuant to section 378
3313.64 or 3313.65 of the Revised Code; 379
(b) Persons described in division (B)(4)(5)(b) of this 381
section. 382
Any testing of students pursuant to such an agreement shall 384
be in lieu of any testing of such students or persons pursuant to 385
this section. 386
(K)(1) Any chartered nonpublic school may participate in 388
the testing program by administering any of the tests prescribed 389
by section 3301.0710 of the Revised Code if the chief 390
administrator of the school specifies which tests the school 391
wishes to administer. Such specification shall be made in 392
writing to the superintendent of public instruction prior to the 393
first day of August of any school year in which tests are 394
administered and shall include a pledge that the nonpublic school 395
will administer the specified tests in the same manner as public 396
schools are required to do under this section and rules adopted 397
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by the department. 398
(2) The department of education shall furnish the tests 400
prescribed by section 3301.0710 of the Revised Code to any 401
chartered nonpublic school electing to participate under this 402
division. 403
(L)(1) Except as provided in division (L)(3) of this 405
section, the superintendent of the state school for the blind and 406
the superintendent of the state school for the deaf shall 407
administer the tests described by section 3301.0710 of the 408
Revised Code. Each superintendent shall administer the tests in 409
the same manner as district boards are required to do under this 410
section and rules adopted by the department of education. 411
(2) The department of education shall furnish the tests 413
described by section 3301.0710 of the Revised Code to each 414
superintendent. 415
(3) Any student enrolled in the state school for the blind 417
or the state school for the deaf shall be excused from taking any 418
particular test required to be administered under division (L)(1) 419
of this section if the individualized education program developed 420
for the student pursuant to section 3323.08 of the Revised Code 421
excuses the student from taking that test. In the case of any 422
student so excused from taking a test, the superintendent of the 423
school shall not prohibit the student from taking the test. 424
(M) Notwithstanding division (B)(4) of this section and 426
division (C)(3) of section 3301.0710 of the Revised Code, upon 427
request of a district board of education, the department of 428
education shall provide for the district to administer the tests 429
prescribed under division (B) of section 3301.0710 of the Revised 430
Code to students in the eighth grade on a specified date during 431
the month of March. In such a district, tests shall be 432
administered either once or twice during the ninth grade year to 433
students who did not attain the designated scores on such tests 434
in the eighth grade. Such ninth grade test administration shall 435
be prior to the thirty-first day of December or subsequent to 436
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that date but prior to the thirty-first day of March or during 437
both such time periods. The district board of education shall 438
determine whether to administer such tests once or twice during 439
the ninth grade year and during which time period to administer 440
the tests if they are only administered once during such year.
(N) If a NOTWITHSTANDING DIVISION (E) OF THIS SECTION, 442
BEGINNING JULY 1, 1999, A school district offers summer school to 444
a MAY RETAIN ANY STUDENT FOR AN ADDITIONAL YEAR IN SUCH STUDENT'S 445
CURRENT GRADE LEVEL IF SUCH student who has failed to attain the 447
designated scores on three or more of the five tests described by 448
division (A)(1) or (2) of section 3301.0710 of the Revised Code, 449
or by division (B) of that section in the case of students taking
those tests in the eighth grade pursuant to division (M) of this 451
section, and the student chooses not to attend summer school or 452
does not maintain an acceptable level of attendance in summer 453
school, the district may use the failure to attain such scores on 454
those tests as a reason for retaining the student for an 455
additional year in the grade in which the tests were 456
administered.
As used in this division, "summer school" means a six-week 458
remedial course in the areas covered by the proficiency tests on 460
which the student did not attain the score designated pursuant to 461
division (A)(1) or (2) or (B), as applicable, of section 462
3301.0710 of the Revised Code.
THIS DIVISION DOES NOT SUPERSEDE THE REQUIREMENTS OF 464
SECTION 3313.608 OF THE REVISED CODE. 465
(N) EFFECTIVE JULY 1, 1999, THE DEPARTMENT OF EDUCATION 468
SHALL MAKE AVAILABLE TO THE PUBLIC THE STATE'S PROFICIENCY TESTS 469
OFFERED THE PREVIOUS YEAR. THE DEPARTMENT SHALL CONTINUE TO MAKE 470
THESE DOCUMENTS AVAILABLE TO THE PUBLIC EACH YEAR FOLLOWING THE 471
ADMINISTRATION OF THE TEST. ONLY THE TESTS ADMINISTERED THE 472
PREVIOUS YEAR SHALL BE AVAILABLE TO THE PUBLIC. 473
Sec. 3302.01. AS USED IN THIS CHAPTER: 475
(A) "DROPOUT RATE" MEANS ONE MINUS THE GRADUATION RATE. 477
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(B) "GRADUATION RATE" MEANS A CALCULATION OF THE PER CENT 479
OF NINTH GRADE STUDENTS WHO GRADUATE BY THE END OF THE SUMMER 480
FOLLOWING THEIR TWELFTH GRADE YEAR. THE GRADUATION RATE IS THE 481
RATIO OF THE STUDENTS ENTERING NINTH GRADE TO THE NUMBER OF THOSE 483
STUDENTS RECEIVING A DIPLOMA FOUR YEARS LATER. STUDENTS WHO 484
TRANSFER INTO THE DISTRICT ARE ADDED TO THE CALCULATION.
STUDENTS WHO TRANSFER OUT OF THE DISTRICT FOR REASONS OTHER THAN 485
DROPOUT ARE SUBTRACTED FROM THE CALCULATION. STUDENTS WHO DO NOT 487
GRADUATE BUT WHO CONTINUE THEIR HIGH SCHOOL EDUCATION IN THE
FOLLOWING YEAR IN THE SAME SCHOOL DISTRICT ARE REMOVED FROM THE 489
CALCULATION FOR THAT YEAR AND ARE ADDED TO THE CALCULATION FOR 490
THE SUBSEQUENT YEAR.
(C) "ATTENDANCE RATE" MEANS THE RATIO OF THE NUMBER OF 492
STUDENTS ACTUALLY IN ATTENDANCE OVER THE COURSE OF A SCHOOL YEAR 493
TO THE NUMBER OF STUDENTS WHO WERE REQUIRED TO BE IN ATTENDANCE 494
THAT SCHOOL YEAR, AS CALCULATED PURSUANT TO RULES OF THE 495
SUPERINTENDENT OF PUBLIC INSTRUCTION. 496
(D) "THREE-YEAR AVERAGE" MEANS THE AVERAGE OF THE MOST 498
RECENT CONSECUTIVE THREE YEARS OF DATA. 499
(E) "REQUIRED LEVEL OF IMPROVEMENT" MEANS AT LEAST ONE 502
STANDARD UNIT OF IMPROVEMENT ON AT LEAST THE PERCENTAGE OF 503
PERFORMANCE STANDARDS REQUIRED TO DEMONSTRATE OVERALL 504
IMPROVEMENT, IN ACCORDANCE WITH THE RULE APPROVED UNDER DIVISION 505
(A) OF SECTION 3302.04 OF THE REVISED CODE. 507
Sec. 3302.02. THE FOLLOWING ARE THE EXPECTED STATE 509
PERFORMANCE STANDARDS FOR SCHOOL DISTRICTS: 510
(A) A THREE PER CENT DROPOUT RATE; 512
(B) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS 514
PROFICIENT ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (A)(1) 515
OF SECTION 3301.0710 OF THE REVISED CODE; 516
(C) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS 518
PROFICIENT ON THE READING TEST PRESCRIBED BY DIVISION (A)(1) OF 519
SECTION 3301.0710 OF THE REVISED CODE; 520
(D) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS 522
13
PROFICIENT ON THE WRITING TEST PRESCRIBED BY DIVISION (A)(1) OF 523
SECTION 3301.0710 OF THE REVISED CODE; 524
(E) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS 526
PROFICIENT ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (A)(1) 527
OF SECTION 3301.0710 OF THE REVISED CODE; 528
(F) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS 530
PROFICIENT ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (B) OF 531
SECTION 3301.0710 OF THE REVISED CODE; 532
(G) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS 534
PROFICIENT ON THE READING TEST PRESCRIBED BY DIVISION (B) OF 535
SECTION 3301.0710 OF THE REVISED CODE; 536
(H) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS 538
PROFICIENT ON THE WRITING TEST PRESCRIBED BY DIVISION (B) OF 539
SECTION 3301.0710 OF THE REVISED CODE; 540
(I) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS 542
PROFICIENT ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (B) OF 543
SECTION 3301.0710 OF THE REVISED CODE; 544
(J) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS 546
PROFICIENT ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (B) OF 547
SECTION 3301.0710 OF THE REVISED CODE; 548
(K) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS 550
PROFICIENT ON THE READING TEST PRESCRIBED BY DIVISION (B) OF 551
SECTION 3301.0710 OF THE REVISED CODE; 552
(L) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS 554
PROFICIENT ON THE WRITING TEST PRESCRIBED BY DIVISION (B) OF 555
SECTION 3301.0710 OF THE REVISED CODE; 556
(M) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS 558
PROFICIENT ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (B) OF 559
SECTION 3301.0710 OF THE REVISED CODE; 560
(N) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT 562
ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION 563
3301.0710 OF THE REVISED CODE; 564
(O) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT 566
ON THE READING TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION 567
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3301.0710 OF THE REVISED CODE; 568
(P) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT 570
ON THE WRITING TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION 571
3301.0710 OF THE REVISED CODE; 572
(Q) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT 574
ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION 575
3301.0710 OF THE REVISED CODE; 576
(R) AT LEAST A NINETY-THREE PER CENT ATTENDANCE RATE. 579
WHEN SUFFICIENT DATA CONCERNING THE TESTS GIVEN PURSUANT TO 582
DIVISION (A)(2) OF SECTION 3301.0710 OF THE REVISED CODE AND THE 584
SCIENCE TESTS GIVEN PURSUANT TO DIVISIONS (A)(1), (3), AND (B) OF 585
SECTION 3301.0710 OF THE REVISED CODE ARE AVAILABLE FOR THE 587
DEPARTMENT OF EDUCATION TO ESTABLISH PERFORMANCE STANDARDS FOR 589
THOSE TESTS, THE DEPARTMENT SHALL RECOMMEND A RULE ADDING 591
STANDARDS TO REFLECT THESE ADDITIONAL TESTS. THE DEPARTMENT 592
SHALL ALSO RECOMMEND A RULE WHEN NECESSARY TO ALLOW FOR THE 594
PHASING OUT OF THE NINTH GRADE PROFICIENCY TEST AND ITS 595
REPLACEMENT WITH A HIGH SCHOOL PROFICIENCY TEST PURSUANT TO 596
SECTION 3301.0710 OF THE REVISED CODE AS AMENDED BY THIS ACT. 597
THE RULES SHALL NOT RECOMMEND ANY STANDARD BE ESTABLISHED FOR 598
PASSAGE OF THE FOURTH GRADE READING TEST THAT IS SOLELY BASED ON 599
THE TEST GIVEN IN THE FALL FOR THE PURPOSE OF DETERMINING WHETHER 600
STUDENTS HAVE MET THE FOURTH GRADE GUARANTEE PROVISIONS OF 601
SECTION 3313.608 OF THE REVISED CODE. 602
RULES RECOMMENDED BY THE DEPARTMENT UNDER THIS SECTION 605
SHALL NOT TAKE EFFECT UNLESS APPROVED BY JOINT RESOLUTION OF THE 606
GENERAL ASSEMBLY.
Sec. 3302.03. (A) BEGINNING WITH THE FISCAL YEAR THAT 608
STARTS ON JULY 1, 1999, EVERY THREE YEARS THE DEPARTMENT OF 610
EDUCATION SHALL CALCULATE AND REPORT FOR EACH SCHOOL DISTRICT ITS 611
PERCENTAGES ON EACH OF THE PERFORMANCE INDICATORS LISTED IN 612
SECTION 3302.02 OF THE REVISED CODE AND SHALL SPECIFY FOR EACH 613
SUCH DISTRICT THE EXTENT TO WHICH THE ACCEPTABLE PERFORMANCE 615
INDICATOR HAS BEEN ACHIEVED AND WHETHER THE DISTRICT IS AN
15
EFFECTIVE SCHOOL DISTRICT, NEEDS CONTINUOUS IMPROVEMENT, IS UNDER 616
AN ACADEMIC WATCH, OR IS IN A STATE OF ACADEMIC EMERGENCY. 617
(B)(1) A SCHOOL DISTRICT SHALL BE DECLARED AN EFFECTIVE 619
SCHOOL DISTRICT IF IT MEETS AT LEAST NINETY-FOUR PER CENT OF THE 621
STATE PERFORMANCE STANDARDS.
(2) A SCHOOL DISTRICT SHALL BE DECLARED TO BE IN NEED OF 623
CONTINUOUS IMPROVEMENT IF IT MEETS MORE THAN FIFTY PER CENT BUT 624
LESS THAN NINETY-FOUR PER CENT OF THE STATE PERFORMANCE 625
STANDARDS. 626
(3) A SCHOOL DISTRICT SHALL BE DECLARED TO BE UNDER AN 628
ACADEMIC WATCH IF IT MEETS MORE THAN THIRTY-THREE PER CENT BUT 629
NOT MORE THAN FIFTY PER CENT OF THE STATE PERFORMANCE STANDARDS. 631
(4) A SCHOOL DISTRICT SHALL BE DECLARED TO BE IN A STATE 633
OF ACADEMIC EMERGENCY IF IT DOES NOT MEET MORE THAN THIRTY-THREE 634
PER CENT OF THE STATE PERFORMANCE STANDARDS. 635
(C) WHENEVER FEASIBLE, THE DEPARTMENT SHALL UTILIZE 637
THREE-YEAR AVERAGING OF THE DISTRICT'S PERCENTAGES ON THE 638
PERFORMANCE STANDARDS SPECIFIED IN SECTION 3302.02 OF THE REVISED 639
CODE.
(C) THE DEPARTMENT SHALL ISSUE ANNUAL REPORT CARDS FOR 641
EACH SHOOL DISTRICT AND FOR THE STATE AS A WHOLE BASED ON 642
EDUCATION AND FISCAL PERFORMANCE DATA. 643
Sec. 3302.04. (A) BY MARCH 1, 1998, THE STATE BOARD OF 646
EDUCATION SHALL RECOMMEND TO THE GENERAL ASSEMBLY A RULE 648
ESTABLISHING BOTH OF THE FOLLOWING:
(1) A STANDARD UNIT OF IMPROVEMENT THAT ANY SCHOOL 650
DISTRICT WOULD BE REQUIRED TO ACHIEVE ON A SPECIFIC PERFORMANCE 651
STANDARD THAT IT FAILED TO MEET IN ORDER TO BE DEEMED TO HAVE 652
MADE SATISFACTORY IMPROVEMENT TOWARD MEETING THAT STANDARD. 654
(2) THE PERCENTAGE OF THOSE PERFORMANCE STANDARDS THAT A 656
DISTRICT DID NOT MEET, ON WHICH A DISTRICT WOULD BE REQUIRED TO 658
ACHIEVE THE STANDARD UNIT OF IMPROVEMENT IN ORDER TO BE DEEMED TO 659
BE MAKING OVERALL PROGRESS TOWARD BECOMING AN EFFECTIVE DISTRICT. 660
UPON APPROVAL OF THE GENERAL ASSEMBLY, THE RULE SHALL APPLY 663
16
TO DETERMINATIONS OF SCHOOL DISTRICT IMPROVEMENT UNDER DIVISION 664
(B) OF THIS SECTION.
(B) WHEN A SCHOOL DISTRICT HAS BEEN NOTIFIED BY THE 667
DEPARTMENT PURSUANT TO DIVISION (A) OF SECTION 3302.03 OF THE
REVISED CODE THAT THE DISTRICT NEEDS CONTINUOUS IMPROVEMENT, IS 668
UNDER AN ACADEMIC WATCH, OR IS IN A STATE OF ACADEMIC EMERGENCY, 669
THE DISTRICT SHALL DEVELOP A THREE-YEAR CONTINUOUS IMPROVEMENT 670
PLAN CONTAINING AN ANALYSIS OF THE REASONS FOR THE DISTRICT'S 671
FAILURE TO MEET ANY OF THE STANDARDS IT DOES NOT MEET AND 672
SPECIFYING THE STRATEGIES IT WILL USE AND THE RESOURCES IT WILL 673
ALLOCATE TO ADDRESS THE PROBLEM. COPIES OF THE PLAN SHALL BE 674
MADE AVAILABLE TO THE PUBLIC. 675
NO THREE-YEAR CONTINUOUS IMPROVEMENT PLAN SHALL BE 677
DEVELOPED OR ADOPTED PURSUANT TO THIS DIVISION UNLESS AT LEAST 678
ONE PUBLIC HEARING IS HELD WITHIN THE TERRITORY OF THE AFFECTED 679
SCHOOL DISTRICT CONCERNING THE FINAL DRAFT OF THE PLAN. NOTICE 680
OF THE HEARING SHALL BE GIVEN TWO WEEKS PRIOR TO THE HEARING BY 681
PUBLICATION IN ONE NEWSPAPER OF GENERAL CIRCULATION WITHIN THE
TERRITORY OF THE AFFECTED SCHOOL DISTRICT. 682
(C) WHEN A SCHOOL DISTRICT HAS BEEN NOTIFIED BY THE 685
DEPARTMENT PURSUANT TO DIVISION (A) OF SECTION 3302.03 OF THE 686
REVISED CODE THAT THE DISTRICT IS UNDER AN ACADEMIC WATCH OR IN A 687
STATE OF ACADEMIC EMERGENCY, THE DISTRICT SHALL BE SUBJECT TO ANY 688
RULES ESTABLISHING INTERVENTION IN ACADEMIC WATCH OR EMERGENCY 689
SCHOOL DISTRICTS THAT HAVE BEEN RECOMMENDED TO THE GENERAL 691
ASSEMBLY BY THE DEPARTMENT OF EDUCATION AND APPROVED BY JOINT
RESOLUTION OF THE GENERAL ASSEMBLY. THE DEPARTMENT SHALL 692
RECOMMEND SUCH RULES BY JULY 1, 1998. 693
Sec. 3302.05. BY MARCH 1, 1998, THE DEPARTMENT OF 695
EDUCATION SHALL RECOMMEND RULES TO THE GENERAL ASSEMBLY FREEING 696
SCHOOL DISTRICTS DECLARED TO BE EFFECTIVE UNDER DIVISION (B)(1) 697
OR IN NEED OF CONTINUOUS IMPROVEMENT UNDER DIVISION (B)(2) OF 698
SECTION 3302.03 OF THE REVISED CODE FROM SPECIFIED STATE 699
MANDATES. ANY MANDATES INCLUDED IN THE RECOMMENDED RULES SHALL 700
17
BE ONLY THOSE STATUTES OR RULES PERTAINING TO STATE EDUCATION
REQUIREMENTS. THE RULES SHALL TAKE EFFECT UPON THEIR APPROVAL 701
THROUGH PASSAGE OF A JOINT RESOLUTION BY THE GENERAL ASSEMBLY. 702
Sec. 3302.07. (A) The board of education of any school 711
district or the governing board of any educational service center 712
may submit to the state board of education an application 714
proposing an innovative education pilot program the
implementation of which requires exemptions from specific 715
statutory provisions or rules. If a district or service center 716
board employs teachers under a collective bargaining agreement 717
adopted pursuant to Chapter 4117. of the Revised Code, any 718
application submitted under this division shall include the 719
written consent of the teachers' employee representative 720
designated under division (B) of section 4117.04 of the Revised 721
Code. The exemptions requested in the application shall be 722
limited to any requirement of Title XXXIII of the Revised Code or 723
of any rule of the state board adopted pursuant to that title 724
except that the application may not propose an exemption from any 725
requirement of or rule adopted pursuant to Chapter 3307. or 726
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 727
Revised Code.
(B) The state board of education shall accept any 729
application submitted in accordance with division (A) of this 730
section. The superintendent of public instruction shall approve 731
or disapprove the application in accordance with the standards 732
for approval, WHICH SHALL BE adopted by the state board. 733
(C) The superintendent of public instruction shall exempt 735
each district or service center board with an application 736
approved under division (B) of this section for a specified 738
period from the statutory provisions or rules specified in the 739
approved application. The period of exemption shall not exceed 740
the period during which the pilot program proposed in the 741
application is being implemented and a reasonable period to allow 742
for evaluation of the effectiveness of the program. 743
18
Sec. 3313.533. (A) The board of education of a city, 752
exempted village, or local school district may adopt a resolution 753
to establish and maintain an alternative school in accordance 754
with this section. The resolution shall specify, but not 755
necessarily be limited to, all of the following: 756
(1) The purpose of the school, which purpose shall be to 759
serve students who are on suspension, who are having truancy 760
problems, who are experiencing academic failure, who have a
history of class disruption, or who are exhibiting other academic 761
or behavioral problems specified in the resolution; 762
(2) The grades served by the school, which may include any 765
of grades kindergarten through twelve;
(3) A requirement that the school be operated in 767
accordance with this section. The board of education adopting 768
the resolution under division (A) of this section shall be the 770
governing board of the alternative school. The board shall 771
develop and implement a plan for the school in accordance with
the resolution establishing the school and in accordance with 772
this section. Each plan shall include, but not necessarily be 773
limited to, all of the following: 774
(a) Specification of the reasons for which students will 776
be accepted for assignment to the school and any criteria for 778
admission that are to be used by the board to approve or 779
disapprove the assignment of students to the school; 780
(b) Specification of the criteria and procedures that will 782
be used for returning students who have been assigned to the 783
school back to the regular education program of the district.; 784
(c) An evaluation plan for assessing the effectiveness of 786
the school and its educational program and reporting the results 788
of the evaluation to the public. 789
(C)(B) Notwithstanding any of title TITLE XXXIII of the 792
Revised Code to the contrary, the alternative school plan may 794
include any of the following: 795
(1) A requirement that on each school day students must 797
19
attend school or participate in other programs specified in the 799
plan or by the chief administrative officer of the school for a 800
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any 801
additional time required in the plan or by the chief 803
administrative officer;
(2) Restrictions on student participation in 805
extracurricular or interscholastic activities; 806
(3) A requirement that students wear uniforms prescribed 808
by the district board of education. 809
(D)(C) In accordance with the alternative school plan, the 811
district board of education may employ teachers and nonteaching 813
employees necessary to carry out its duties and fulfill its 814
responsibilities.
(D) AN ALTERNATIVE SCHOOL MAY BE ESTABLISHED IN ALL OR 817
PART OF A SCHOOL BUILDING.
(E) IF A DISTRICT BOARD OF EDUCATION ELECTS UNDER THIS 820
SECTION, OR IS REQUIRED BY SECTION 3313.534 OF THE REVISED CODE, 822
TO ESTABLISH AN ALTERNATIVE SCHOOL, THE DISTRICT BOARD MAY JOIN 823
WITH THE BOARD OF EDUCATION OF ONE OR MORE OTHER DISTRICTS TO 824
FORM A JOINT ALTERNATIVE SCHOOL BY FORMING A COOPERATIVE 825
EDUCATION SCHOOL DISTRICT UNDER SECTION 3311.52 OR 3311.521 OF 826
THE REVISED CODE, OR A JOINT EDUCATIONAL PROGRAM UNDER SECTION 829
3313.842 OF THE REVISED CODE. 831
Sec. 3313.534. NO LATER THAN JULY 1, 1998, THE BOARD OF 834
EDUCATION OF EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL 835
DISTRICT SHALL ADOPT A POLICY OF ZERO TOLERANCE FOR VIOLENT, 836
DISRUPTIVE, OR INAPPROPRIATE BEHAVIOR, INCLUDING EXCESSIVE 837
TRUANCY, AND ESTABLISH STRATEGIES TO ADDRESS SUCH BEHAVIOR THAT 838
RANGE FROM PREVENTION TO INTERVENTION. 839
NO LATER THAN JULY 1, 1999, EACH OF THE BIG EIGHT SCHOOL 842
DISTRICTS, AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE, 844
SHALL ESTABLISH UNDER SECTION 3313.533 OF THE REVISED CODE AT 846
LEAST ONE ALTERNATIVE SCHOOL TO MEET THE EDUCATIONAL NEEDS OF 847
20
STUDENTS WITH SEVERE DISCIPLINE PROBLEMS, INCLUDING BUT NOT 848
LIMITED TO, EXCESSIVE TRUANCY, EXCESSIVE DISRUPTION IN THE 849
CLASSROOM, AND MULTIPLE SUSPENSIONS OR EXPULSIONS. ANY OTHER 850
SCHOOL DISTRICT THAT ATTAINS AFTER THAT DATE A SIGNIFICANTLY 851
SUBSTANDARD GRADUATION RATE, AS DEFINED BY THE DEPARTMENT OF 853
EDUCATION SHALL ALSO ESTABLISH SUCH AN ALTERNATIVE SCHOOL UNDER 854
THAT SECTION.
Sec. 3313.603. (A) AS USED IN THIS SECTION: 856
(1) "ONE UNIT" MEANS A MINIMUM OF ONE HUNDRED TWENTY HOURS 859
OF COURSE INSTRUCTION, EXCEPT THAT FOR A LABORATORY COURSE, "ONE 861
UNIT" MEANS A MINIMUM OF ONE HUNDRED FIFTY HOURS OF COURSE 862
INSTRUCTION.
(2) "ONE-HALF UNIT" MEANS A MINIMUM OF SIXTY HOURS OF 865
COURSE INSTRUCTION, EXCEPT THAT FOR PHYSICAL EDUCATION COURSES, 866
"ONE-HALF UNIT" MEANS A MINIMUM OF ONE HUNDRED TWENTY HOURS OF 867
COURSE INSTRUCTION.
(B) BEGINNING SEPTEMBER 15, 2001, THE REQUIREMENTS FOR 869
GRADUATION FROM EVERY HIGH SCHOOL SHALL INCLUDE TWENTY-ONE UNITS 871
EARNED IN GRADES NINE THROUGH TWELVE AND SHALL BE DISTRIBUTED AS 872
FOLLOWS:
(1) ENGLISH LANGUAGE ARTS, FOUR UNITS; 874
(2) HEALTH, ONE-HALF UNIT; 876
(3) MATHEMATICS, THREE UNITS; 878
(4) PHYSICAL EDUCATION, ONE-HALF UNIT; 880
(5) SCIENCE, TWO UNITS UNTIL SEPTEMBER 15, 2003, AND THREE 882
UNITS THEREAFTER, WHICH AT ALL TIMES SHALL INCLUDE BOTH OF THE 883
FOLLOWING: 884
(a) BIOLOGICAL SCIENCES, ONE UNIT; 887
(b) PHYSICAL SCIENCES, ONE UNIT. 890
(6) SOCIAL STUDIES, THREE UNITS, WHICH SHALL INCLUDE BOTH 892
OF THE FOLLOWING: 893
(a) AMERICAN HISTORY, ONE-HALF UNIT; 896
(b) AMERICAN GOVERNMENT, ONE-HALF UNIT. 899
(7) ELECTIVE UNITS, EIGHT UNITS UNTIL SEPTEMBER 15, 2003, 901
21
AND SEVEN UNITS THEREAFTER. 902
EACH STUDENT'S ELECTIVES SHALL INCLUDE AT LEAST ONE UNIT, 904
OR TWO HALF UNITS, CHOSEN FROM AMONG THE AREAS OF 905
BUSINESS/TECHNOLOGY, FINE ARTS, AND/OR FOREIGN LANGUAGE. 906
(C) EVERY HIGH SCHOOL MAY PERMIT STUDENTS BELOW THE NINTH 909
GRADE TO TAKE ADVANCED WORK FOR CREDIT. A HIGH SCHOOL SHALL 910
COUNT SUCH ADVANCED WORK TOWARD THE GRADUATION REQUIREMENTS OF 911
DIVISION (B) OF THIS SECTION IF THE ADVANCED WORK WAS BOTH: 912
(1) TAUGHT BY A PERSON WHO POSSESSES A LICENSE OR 914
CERTIFICATE ISSUED UNDER SECTION 3319.22 OR 3319.222 OF THE 916
REVISED CODE THAT IS VALID FOR TEACHING HIGH SCHOOL; 917
(2) DESIGNATED BY THE BOARD OF EDUCATION OF THE CITY, 919
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT OR THE BOARD OF THE 920
COOPERATIVE EDUCATION SCHOOL DISTRICT AS MEETING THE HIGH SCHOOL 921
CURRICULUM REQUIREMENTS.
(D) UNITS EARNED IN ENGLISH LANGUAGE ARTS, MATHEMATICS, 924
SCIENCE, AND SOCIAL STUDIES THAT ARE DELIVERED THROUGH INTEGRATED 925
ACADEMIC AND TECHNICAL INSTRUCTION ARE ELIGIBLE TO MEET THE 926
GRADUATION REQUIREMENTS OF DIVISION (B) OF THIS SECTION. 927
Sec. 3313.608. (A) BEGINNING WITH STUDENTS WHO ENTER 930
FOURTH GRADE IN THE SCHOOL YEAR THAT STARTS JULY 1, 2001, NO 932
CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL PROMOTE TO 933
FIFTH GRADE ANY STUDENT WHO FAILS TO ATTAIN THE SCORE DESIGNATED 934
UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE REVISED CODE ON 937
THE TEST PRESCRIBED UNDER THAT DIVISION TO MEASURE SKILL IN 938
READING, UNLESS EITHER OF THE FOLLOWING APPLIES: 939
(1) THE PUPIL WAS EXCUSED FROM TAKING THE TEST UNDER 941
DIVISION (C)(1) OF SECTION 3301.0711 OF THE REVISED CODE; 943
(2) THE PUPIL'S PRINCIPAL AND READING TEACHER AGREE THAT 945
THE PUPIL IS ACADEMICALLY PREPARED, AS DETERMINED PURSUANT TO THE 947
DISTRICT POLICY ADOPTED UNDER SECTION 3313.609 OF THE REVISED 948
CODE, TO BE PROMOTED TO FIFTH GRADE.
(B)(1) TO ASSIST STUDENTS IN MEETING THIS FOURTH GRADE 950
GUARANTEE ESTABLISHED BY THIS SECTION, EACH CITY, EXEMPTED 951
22
VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL ADOPT POLICIES AND 952
PROCEDURES WITH WHICH IT SHALL, BEGINNING IN THE SCHOOL YEAR THAT 953
STARTS JULY 1, 1998, ANNUALLY ASSESS THE READING SKILLS OF EACH 955
STUDENT AT THE END OF FIRST, SECOND, AND THIRD GRADE AND IDENTIFY 956
STUDENTS WHO ARE READING BELOW THEIR GRADE LEVEL. THE POLICY AND 957
PROCEDURES SHALL REQUIRE THE STUDENTS' CLASSROOM TEACHERS TO BE 958
INVOLVED IN THE ASSESSMENT AND THE IDENTIFICATION OF STUDENTS 959
READING BELOW GRADE LEVEL. THE DISTRICT SHALL NOTIFY THE PARENT 960
OR GUARDIAN OF EACH STUDENT WHOSE READING SKILLS ARE BELOW GRADE 961
LEVEL AND, IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION, 963
PROVIDE INTERVENTION SERVICES TO EACH STUDENT READING BELOW GRADE 964
LEVEL.
(2) FOR EACH STUDENT IDENTIFIED AS READING BELOW GRADE 966
LEVEL AT THE END OF THIRD GRADE, THE DISTRICT SHALL OFFER INTENSE 968
REMEDIATION SERVICES DURING THE SUMMER FOLLOWING THIRD GRADE. 969
(3) FOR EACH STUDENT ENTERING FOURTH GRADE AFTER JULY 1, 971
2001, WHO DOES NOT ATTAIN BY THE END OF THE FOURTH GRADE THE 972
SCORE DESIGNATED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF 974
THE REVISED CODE ON THE TEST PRESCRIBED UNDER THAT DIVISION TO 977
MEASURE SKILL IN READING, THE DISTRICT ALSO SHALL OFFER INTENSE 978
REMEDIATION SERVICES, AND ANOTHER OPPORTUNITY TO TAKE THAT TEST, 979
DURING THE SUMMER FOLLOWING FOURTH GRADE. 980
(C) FOR EACH STUDENT REQUIRED TO BE OFFERED REMEDIATION 983
SERVICES UNDER THIS SECTION, THE DISTRICT SHALL INVOLVE THE 984
STUDENT'S PARENT OR GUARDIAN AND CLASSROOM TEACHER IN DEVELOPING 985
THE INTERVENTION STRATEGY, AND SHALL OFFER TO THE PARENT OR 986
GUARDIAN THE OPPORTUNITY TO BE INVOLVED IN THE INTERVENTION 987
SERVICES.
(D) BEGINNING IN THE SUMMER OF 1999, IN ADDITION TO THE 989
REMEDIATION REQUIREMENTS OF DIVISIONS (B) AND (C) OF THIS 990
SECTION, EVERY CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT 991
SHALL OFFER SUMMER REMEDIATION TO ANY STUDENT WHO HAS FAILED TO 992
ATTAIN THE DESIGNATED SCORES ON THREE OR MORE OF THE FIVE TESTS 993
DESCRIBED BY DIVISION (A)(1) OR (2) OF SECTION 3301.0710 OF THE 994
23
REVISED CODE.
Sec. 3313.609. (A) AS USED IN THIS SECTION: 996
(1) "TRUANT" MEANS ABSENT WITHOUT EXCUSE. 998
(2) "ACADEMICALLY PREPARED" MEANS WHATEVER EDUCATIONAL 1,002
STANDARD THE BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE,
LOCAL, AND JOINT VOCATIONAL SCHOOL DISTRICT ESTABLISHES AS 1,003
NECESSARY FOR THE PROMOTION OF A STUDENT TO THE NEXT GRADE LEVEL 1,004
PURSUANT TO THE POLICY ADOPTED UNDER DIVISION (B) OF THIS 1,006
SECTION.
(B) THE BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, 1,009
LOCAL, AND JOINT VOCATIONAL SCHOOL DISTRICT SHALL ADOPT A GRADE 1,011
PROMOTION AND RETENTION POLICY FOR STUDENTS. THE POLICY SHALL
PROHIBIT THE PROMOTION OF A STUDENT TO THE NEXT GRADE LEVEL IF 1,013
THE STUDENT HAS BEEN TRUANT FOR MORE THAN TEN PER CENT OF THE 1,014
REQUIRED ATTENDANCE DAYS OF THE CURRENT SCHOOL YEAR AND HAS 1,015
FAILED TWO OR MORE OF THE REQUIRED CURRICULUM SUBJECT AREAS IN 1,016
THE CURRENT GRADE UNLESS THE STUDENT'S PRINCIPAL AND THE TEACHERS 1,017
OF ANY FAILED SUBJECT AREAS AGREE THAT THE STUDENT IS
ACADEMICALLY PREPARED TO BE PROMOTED TO THE NEXT GRADE LEVEL. 1,018
Sec. 3313.6010. BY JULY 1, 1998, THE DEPARTMENT OF 1,020
EDUCATION SHALL RECOMMEND RULES TO THE GENERAL ASSEMBLY 1,021
PERMITTING SCHOOL DISTRICTS TO CONTRACT WITH PUBLIC AND PRIVATE 1,022
PROVIDERS OF ACADEMIC REMEDIATION AND INTERVENTION IN 1,023
MATHEMATICS, SCIENCE, READING, WRITING, AND SOCIAL STUDIES FOR
THE PURPOSE OF ASSISTING PUPILS IN GRADES ONE THROUGH SIX OUTSIDE 1,024
OF REGULAR SCHOOL HOURS. 1,025
THE RULES RECOMMENDED UNDER THIS SECTION SHALL TAKE EFFECT 1,027
UPON APPROVAL OF THE GENERAL ASSEMBLY THROUGH PASSAGE OF A JOINT 1,028
RESOLUTION.
Sec. 3313.61. (A) A diploma shall be granted by the board 1,037
of education of any city, exempted village, or local school 1,038
district that operates a high school to any person to whom all of 1,039
the following apply: 1,040
(1) The person has successfully completed the curriculum 1,042
24
in any high school or the individualized education program 1,043
developed for the person by any high school pursuant to section 1,044
3323.08 of the Revised Code; 1,045
(2) The person has attained at least the applicable scores 1,047
designated under division (B) of section 3301.0710 of the Revised 1,048
Code on all the tests required by that division unless the person 1,049
was excused from taking any such test pursuant to division (C)(1) 1,050
of section 3301.0711 or section 3313.532 of the Revised Code or 1,051
unless division (H) of this section applies to the person; 1,052
(3) The person is not eligible to receive an honors 1,054
diploma granted pursuant to division (B) of this section. 1,055
No diploma shall be granted under this division to anyone 1,057
except as provided under this division. 1,058
(B) In lieu of a diploma granted under division (A) of 1,060
this section, an honors diploma shall be granted, in accordance 1,061
with rules of the state board of education, by any such district 1,062
board to anyone who successfully completes the curriculum in any 1,063
high school or the individualized education program developed for 1,064
the person by any high school pursuant to section 3323.08 of the 1,065
Revised Code, who has attained at least the applicable scores 1,066
designated under division (B) of section 3301.0710 of the Revised 1,067
Code on all the tests required by that division, and who has met 1,068
additional criteria established by the state board for the 1,069
granting of such a diploma. No honors diploma shall be granted 1,070
to anyone failing to comply with this division and no more than 1,071
one honors diploma shall be granted to any student under this 1,072
division. 1,073
The state board shall adopt rules prescribing the granting 1,075
of honors diplomas under this division. These rules may 1,076
prescribe the granting of honors diplomas that recognize a 1,077
student's achievement as a whole or that recognize a student's 1,078
achievement in one or more specific subjects or both. In any 1,079
case, the rules shall designate two or more criteria for the 1,080
granting of each type of honors diploma the board establishes 1,081
25
under this division and the number of such criteria that must be 1,082
met for the granting of that type of diploma. The number of such 1,083
criteria for any type of honors diploma shall be at least one 1,084
less than the total number of criteria designated for that type 1,085
and no one or more particular criteria shall be required of all 1,086
persons who are to be granted that type of diploma. 1,087
(C) Any such district board administering any of the tests 1,089
required by section 3301.0710 of the Revised Code to any person 1,090
requesting to take such test pursuant to division (B)(4)(5)(b) of 1,092
section 3301.0711 of the Revised Code shall award a diploma to 1,093
such person if he THE PERSON attains at least the applicable 1,094
scores designated under division (B) of section 3301.0710 of the 1,096
Revised Code on all the tests administered and if he THE PERSON 1,097
has previously attained the applicable scores on all the other 1,099
tests required by division (B) of that section or has been 1,100
exempted or excused from any such test pursuant to division (H) 1,101
of this section or division (C)(1) of section 3301.0711 or 1,102
section 3313.532 of the Revised Code. 1,103
(D) Each diploma awarded under this section shall be 1,105
signed by the president and treasurer of the issuing board, the 1,106
superintendent of schools, and the principal of the high school. 1,107
Each diploma shall bear the date of its issue, be in such form as 1,108
the district board prescribes, and be paid for out of the 1,109
district's general fund. 1,110
(E) A person who is a resident of Ohio and is eligible 1,112
under state board of education minimum standards to receive a 1,113
high school diploma based in whole or in part on credits earned 1,114
while an inmate of a correctional institution operated by the 1,115
state or any political subdivision thereof, shall be granted such 1,116
diploma by the correctional institution operating the programs in 1,117
which such credits were earned, and by the board of education of 1,118
the school district in which the inmate resided immediately prior 1,119
to his THE INMATE'S placement in the institution. The diploma 1,120
granted by the correctional institution shall be signed by the 1,122
26
director of the institution, and by the person serving as 1,123
principal of the institution's high school and shall bear the 1,124
date of issue.
(F) Persons who are not residents of Ohio but who are 1,126
inmates of correctional institutions operated by the state or any 1,127
political subdivision thereof, and who are eligible under state 1,128
board of education minimum standards to receive a high school 1,129
diploma based in whole or in part on credits earned while an 1,130
inmate of the correctional institution, shall be granted a 1,131
diploma by the correctional institution offering the program in 1,132
which the credits were earned. The diploma granted by the 1,133
correctional institution shall be signed by the director of the 1,134
institution and by the person serving as principal of the 1,135
institution's high school and shall bear the date of issue. 1,136
(G) The state board of education shall provide by rule for 1,138
the administration of the tests required by section 3301.0710 of 1,139
the Revised Code to inmates of correctional institutions. 1,140
(H) Any person to whom all of the following apply shall be 1,142
exempted from attaining the applicable score on the test in 1,143
citizenship designated under division (B) of section 3301.0710 of 1,144
the Revised Code: 1,145
(1) The person is not a citizen of the United States; 1,147
(2) The person is not a permanent resident of the United 1,149
States; 1,150
(3) The person indicates he does not intend NO INTENTION 1,152
to reside in the United States after the completion of high 1,153
school.
(I) Notwithstanding division (D) of section 3311.19 and 1,155
division (D) of section 3311.52 of the Revised Code, this section 1,156
and section 3311.611 of the Revised Code do not apply to the 1,157
board of education of any joint vocational school district or any 1,158
cooperative education school district established pursuant to 1,159
divisions (A) to (C) of section 3311.52 of the Revised Code. 1,160
Sec. 3313.98. Notwithstanding division (D) of section 1,169
27
3311.19 and division (D) of section 3311.52 of the Revised Code, 1,170
the provisions of this section and sections 3313.981 to 3313.983 1,171
of the Revised Code that apply to a city school district do not 1,172
apply to a joint vocational or cooperative education school 1,173
district unless expressly specified. 1,174
(A) As used in this section and sections 3313.981 to 1,176
3313.983 of the Revised Code: 1,177
(1) "Parent" means either of the natural or adoptive 1,179
parents of a student, except under the following conditions: 1,180
(a) When the marriage of the natural or adoptive parents 1,182
of the student has been terminated by a divorce, dissolution of 1,183
marriage, or annulment or the natural or adoptive parents of the 1,184
student are living separate and apart under a legal separation 1,185
decree and the court has issued an order allocating the parental 1,186
rights and responsibilities with respect to the student, "parent" 1,187
means the residential parent as designated by the court except 1,188
that "parent" means either parent when the court issues a shared 1,189
parenting decree. 1,190
(b) When a court has granted temporary or permanent 1,192
custody of the student to an individual or agency other than 1,193
either of the natural or adoptive parents of the student, 1,194
"parent" means the legal custodian of the child. 1,195
(c) When a court has appointed a guardian for the student, 1,197
"parent" means the guardian of the student. 1,198
(2) "Native student" means a student entitled under 1,200
section 3313.64 or 3313.65 of the Revised Code to attend school 1,201
in a district adopting a resolution under this section. 1,202
(3) "Adjacent district" means a city, exempted village, or 1,205
local school district having territory that abuts the territory 1,206
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled 1,208
under section 3313.64 or 3313.65 of the Revised Code to attend 1,209
school in an adjacent district. 1,210
(5) "Adjacent district joint vocational student" means an 1,214
28
adjacent district student who enrolls in a city, exempted 1,216
village, or local school district pursuant to this section and 1,217
who also enrolls in a joint vocational school district that does 1,218
not contain the territory of the district for which that student 1,219
is a native student and does contain the territory of the city, 1,220
exempted village, or local district in which the student enrolls. 1,221
(6) "Adjusted formula amount" means the dollar formula 1,223
amount specified in section 3317.022 of the Revised Code 1,224
multiplied by the cost-of-doing-business factor for a district 1,227
defined in division (E) of section 3317.02 of the Revised Code. 1,228
(7) "Poverty line" means the poverty line established by 1,230
the director of the United States office of management and budget 1,231
as revised by the director of the office of community services in 1,232
accordance with section 673(2) of the "Community Services Block 1,233
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. 1,234
(8) "IEP" means an individualized education program 1,236
defined by division (E) of section 3323.01 of the Revised Code. 1,237
(9) "OTHER DISTRICT" MEANS A CITY, EXEMPTED VILLAGE, OR 1,240
LOCAL SCHOOL DISTRICT HAVING TERRITORY OUTSIDE OF THE TERRITORY 1,241
OF A DISTRICT ADOPTING A RESOLUTION UNDER THIS SECTION. 1,242
(10) "OTHER DISTRICT STUDENT" MEANS A STUDENT ENTITLED 1,244
UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO ATTEND 1,247
SCHOOL IN AN OTHER DISTRICT. 1,248
(11) "OTHER DISTRICT JOINT VOCATIONAL STUDENT" MEANS A 1,250
STUDENT WHO IS ENROLLED IN ANY CITY, EXEMPTED VILLAGE, OR LOCAL 1,251
SCHOOL DISTRICT AND WHO ALSO ENROLLS IN A JOINT VOCATIONAL SCHOOL 1,253
DISTRICT THAT DOES NOT CONTAIN THE TERRITORY OF THE DISTRICT FOR 1,254
WHICH THAT STUDENT IS A NATIVE STUDENT IN ACCORDANCE WITH A 1,255
POLICY ADOPTED UNDER SECTION 3313.983 OF THE REVISED CODE. 1,256
(B) The board of education of each city, local, and 1,258
exempted village school district shall MAY adopt a resolution 1,259
pertaining to enrollment of students from adjacent districts. 1,261
The resolution shall, beginning with the school year that begins 1,262
July 1, 1993, either THAT entirely prohibit PROHIBITS the 1,264
29
enrollment of students from adjacent DISTRICTS OR OTHER 1,265
districts, other than students for whom tuition is paid in 1,267
accordance with section 3317.08 of the Revised Code, or shall 1,268
permit THAT PERMITS enrollment of students from all adjacent
districts in accordance with a policy contained in the 1,269
resolution. A, OR THAT PERMITS ENROLLMENT OF STUDENTS FROM ALL 1,272
OTHER DISTRICTS IN ACCORDANCE WITH A POLICY CONTAINED IN THE 1,273
RESOLUTION.
A policy permitting enrollment of students from adjacent OR 1,276
FROM OTHER districts, AS APPLICABLE, shall provide for all of the 1,278
following:
(1) Application procedures, including deadlines for 1,280
application and for notification of students and the 1,281
superintendents SUPERINTENDENT of adjacent districts THE 1,283
APPLICABLE DISTRICT whenever an adjacent OR OTHER district 1,284
student's application is approved. 1,285
(2) Procedures for admitting ADJACENT OR OTHER DISTRICT 1,287
applicants from adjacent schools free of any tuition obligation 1,290
to the district's schools, including, but not limited to: 1,291
(a) The establishment of district capacity limits by grade 1,293
level, school building, and education program; 1,294
(b) A requirement that all native students wishing to be 1,296
enrolled in the district will be enrolled and that any adjacent 1,297
OR OTHER district students previously enrolled in the district 1,299
shall receive preference over first-time applicants; 1,300
(c) Procedures to ensure that an appropriate racial 1,302
balance is maintained in the district schools. 1,303
(C) Except as provided in section 3313.982 of the Revised 1,305
Code, the procedures for admitting adjacent OR OTHER district 1,306
students, AS APPLICABLE, shall not include: 1,307
(1) Any requirement of academic ability, or any level of 1,309
athletic, artistic, or other extracurricular skills; 1,310
(2) Limitations on admitting applicants because of 1,312
handicapping conditions, except that a board may refuse to admit 1,313
30
an adjacent district A student receiving services under Chapter 1,314
3323. of the Revised Code, if the services described in the 1,315
student's IEP are not available in the district's schools; 1,316
(3) A requirement that the student be proficient in the 1,318
English language; 1,319
(4) Rejection of any applicant because the student has 1,321
been subject to disciplinary proceedings, except that if an 1,322
applicant has been suspended or expelled by the adjacent 1,323
STUDENT'S district for ten consecutive days or more in the term 1,325
for which admission is sought or in the term immediately 1,326
preceding the term for which admission is sought, the procedures 1,327
may include a provision denying admission of such applicant. 1,328
(D)(1) Each school board PERMITTING ONLY ENROLLMENT OF 1,330
ADJACENT DISTRICT STUDENTS shall provide information about the 1,331
policy adopted under this section, including the application 1,332
procedures and deadlines, to the superintendent and the board of 1,333
education of each adjacent district and, upon request, to the 1,334
parent of any adjacent district student. 1,335
(2) EACH SCHOOL BOARD PERMITTING ENROLLMENT OF OTHER 1,337
DISTRICT STUDENTS SHALL PROVIDE INFORMATION ABOUT THE POLICY 1,338
ADOPTED UNDER THIS SECTION, INCLUDING THE APPLICATION PROCEDURES 1,339
AND DEADLINES, UPON REQUEST, TO THE BOARD OF EDUCATION OF ANY 1,340
OTHER SCHOOL DISTRICT OR TO THE PARENT OF ANY STUDENT ANYWHERE IN 1,342
THE STATE.
(E) Any school board shall accept all credits toward 1,344
graduation earned in adjacent OR OTHER district schools by an 1,345
adjacent OR OTHER district student or a native student. 1,346
(F)(1) No board of education may adopt a policy 1,348
discouraging or prohibiting its native students from applying to 1,349
enroll in the schools of an adjacent OR ANY OTHER district that 1,350
has adopted a policy permitting such enrollment, except that: 1,351
(a) A district may object to the enrollment of a native 1,353
student in an adjacent OR OTHER district in order to maintain an 1,354
appropriate racial balance. 1,355
31
(b) The board of education of a district receiving funds 1,357
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, 1,358
may adopt a resolution objecting to the enrollment of its native 1,359
students in adjacent OR OTHER districts if at least ten per cent 1,360
of its students are included in the determination of the United 1,361
States secretary of education made under section 20 U.S.C.A. 1,362
238(a).
(2) If a board objects to enrollment of native students 1,364
under this division, any adjacent OR OTHER district shall refuse 1,365
to enroll such native students unless tuition is paid for the 1,367
students in accordance with section 3317.08 of the Revised Code. 1,368
An adjacent OR OTHER district enrolling such students may not 1,369
receive funding for those students in accordance with section 1,370
3313.981 of the Revised Code. 1,371
(G) The state board of education shall monitor school 1,373
districts to ensure compliance with this section and the 1,374
districts' policies. The board may adopt rules requiring uniform 1,375
application procedures, deadlines for application, notification 1,376
procedures, and record-keeping requirements for all school boards 1,377
that adopt policies permitting the enrollment of adjacent OR 1,378
OTHER district students, AS APPLICABLE. If the state board 1,380
adopts such rules, no school board shall adopt a policy that 1,381
conflicts with those rules. 1,382
(H) A resolution adopted by a board of education under 1,384
this section that entirely prohibits the enrollment of students 1,385
from adjacent AND FROM OTHER school districts does not abrogate 1,386
any agreement entered into under section 3313.841 or 3313.92 of 1,388
the Revised Code or any contract entered into under section 1,389
3313.90 of the Revised Code between the board of education 1,390
adopting the resolution and the board of education of any 1,391
adjacent OR OTHER district or prohibit these boards of education 1,393
from entering into any such agreement or contract. 1,394
(I) Nothing in this section shall be construed to permit 1,396
or require the board of education of a city, exempted village, or 1,397
32
local school district to exclude any native student of the 1,398
district from enrolling in the district. 1,399
Sec. 3313.981. (A) The state board shall adopt rules 1,408
requiring both of the following: 1,409
(1) The board of education of each city, exempted village, 1,411
and local school district to annually report the number of 1,412
adjacent DISTRICT OR OTHER district students, AS APPLICABLE, and 1,414
adjacent district OR OTHER DISTRICT joint vocational students, AS 1,416
APPLICABLE, enrolled in the district and the number of native 1,417
students enrolled in adjacent OR OTHER districts, in accordance 1,418
with a policy adopted under DIVISION (B) OF section 3313.98 of 1,420
the Revised Code; each adjacent DISTRICT OR OTHER district 1,422
student's OR ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL 1,425
STUDENT'S date of enrollment in the district; and each native 1,427
student's date of enrollment in an adjacent OR OTHER district; 1,429
(2) The board of education of each joint vocational school 1,431
district to annually report the number of adjacent DISTRICT OR 1,432
OTHER district joint vocational students, AS APPLICABLE, enrolled 1,434
in the district and, for each such student, the city, exempted 1,436
village, or local school district in which the student is ALSO 1,437
enrolled as an adjacent district student. 1,438
The rules shall provide for the method of counting students 1,440
who are enrolled for part of a school year in an adjacent OR 1,441
OTHER district OR AS AN ADJACENT DISTRICT OR OTHER DISTRICT JOINT 1,442
VOCATIONAL STUDENT. 1,443
(B) From the payments made to a city, exempted village, or 1,445
local school district under Chapter 3317. of the Revised Code, 1,446
the department of education shall annually subtract both of the 1,447
following: 1,448
(1) An amount equal to the number of the district's native 1,450
students reported under division (A)(1) of this section who are 1,451
enrolled in adjacent OR OTHER school districts PURSUANT TO 1,452
POLICIES ADOPTED BY SUCH DISTRICTS UNDER DIVISION (B) OF SECTION 1,453
3313.98 OF THE REVISED CODE multiplied by the adjusted formula 1,455
33
amount for the district;
(2) The excess costs computed in accordance with division 1,457
(E) of this section for any such native students receiving 1,458
special education and related services in adjacent OR OTHER 1,459
school districts OR AS AN ADJACENT DISTRICT OR OTHER DISTRICT 1,460
JOINT VOCATIONAL STUDENT. 1,461
(C) To the payments made to a city, exempted village, or 1,463
local school district under Chapter 3317. of the Revised Code, 1,464
the department of education shall annually add all of the 1,465
following: 1,466
(1) An amount equal to the adjusted formula amount for the 1,468
district multiplied by the remainder obtained by subtracting the 1,469
number of adjacent DISTRICT OR OTHER district joint vocational 1,470
students from the number of adjacent DISTRICT OR OTHER district 1,473
students enrolled in the district, as reported under division 1,475
(A)(1) of this section;
(2) The excess costs computed in accordance with division 1,477
(E) of this section for any adjacent DISTRICT OR OTHER district 1,478
students, except for any adjacent OR OTHER district joint 1,481
vocational students, receiving special education and related 1,483
services in the district;
(3) An amount equal to the number of adjacent DISTRICT OR 1,485
OTHER district joint vocational students reported under division 1,487
(A)(1) of this section multiplied by an amount equal to 1,488
one-fourth of the adjusted formula amount for the district. 1,489
(D) To the payments made to a joint vocational school 1,491
district under Chapter 3317. of the Revised Code, the department 1,492
of education shall add, for each adjacent DISTRICT OR OTHER 1,493
district joint vocational student reported under division (A)(2) 1,495
of this section, an amount equal to three-fourths of the adjusted 1,496
formula amount of the city, exempted village, or local school 1,497
district in which the student is ALSO enrolled as an adjacent 1,498
district student. 1,499
(E)(1) A city, exempted village, or local school board 1,501
34
providing special education and related services to an adjacent 1,502
OR OTHER district student in accordance with an IEP shall, 1,504
pursuant to rules of the state board, compute the excess costs to 1,505
educate such student as follows: 1,506
(a) Subtract the adjusted formula amount for the district 1,508
from the actual costs to educate the student; 1,509
(b) From the amount computed under division (E)(1)(a) of 1,511
this section subtract the amount of any funds received by the 1,512
district under Chapter 3317. of the Revised Code to provide 1,513
special education and related services to the student. 1,514
(2) The board shall report the excess costs computed under 1,516
this division to the department of education. 1,517
(3) If any student for whom excess costs are computed 1,519
under division (E)(1) of this section is an adjacent OR OTHER 1,520
district joint vocational student, the department of education 1,522
shall add the amount of such excess costs to the payments made 1,523
under Chapter 3317. of the Revised Code to the joint vocational 1,524
school district enrolling the student. 1,525
(F) Notwithstanding section 3317.03 of the Revised Code: 1,527
(1) No city, exempted village, or local school district 1,529
shall count any adjacent OR OTHER district student reported under 1,530
division (A) of this section in its ADM certified under section 1,532
3317.03 of the Revised Code. 1,533
(2) Each city, exempted village, and local school district 1,535
shall count in its ADM certified under such section, any native 1,536
student enrolled in the schools of an adjacent OR AN OTHER 1,537
district under section 3313.98 of the Revised Code. 1,539
(3) No joint vocational school district shall count any 1,541
adjacent OR OTHER district joint vocational student enrolled in 1,542
the district in its ADM certified under section 3317.03 of the 1,543
Revised Code. 1,544
(G) No city, exempted village, or local school district 1,546
shall receive a payment under division (C) of this section for a 1,547
student, and no joint vocational school district shall receive a 1,548
35
payment under division (D) of this section for a student, if for 1,549
the same school year that student is counted in the district's 1,550
ADM certified under section 3317.03 of the Revised Code. 1,551
(H) Upon request of a parent, and provided the board 1,553
offers transportation to native students of the same grade level 1,554
and distance from school under section 3327.01 of the Revised 1,555
Code, a city, exempted village, or local school board enrolling 1,556
an adjacent OR OTHER district student shall provide 1,557
transportation for the student within the boundaries of the 1,559
board's district, except that the board shall be required to pick 1,560
up and drop off a nonhandicapped student only at a regular school 1,561
bus stop designated in accordance with the board's transportation 1,562
policy. Pursuant to rules of the state board of education, such 1,563
board may reimburse the parent from funds received under division 1,564
(K) of section 3317.024 of the Revised Code for the reasonable 1,565
cost of transportation from the student's home to the designated 1,566
school bus stop if the student's family has an income below the 1,567
federal poverty line. 1,568
Sec. 3313.983. (A) The board of education of each joint 1,577
vocational school district shall adopt a policy pertaining to 1,579
enrollment of students who, upon enrollment, will be adjacent 1,580
district joint vocational students. The EXCEPT THAT, IN LIEU OF 1,581
SUCH A POLICY, A BOARD MAY ADOPT A POLICY PERTAINING TO 1,582
ENROLLMENT OF STUDENTS WHO, UPON ENROLLMENT, WILL BE OTHER 1,583
DISTRICT JOINT VOCATIONAL STUDENTS. ANY SUCH policy TO ENROLL 1,584
OTHER DISTRICT JOINT VOCATIONAL STUDENTS shall apply beginning 1,587
with the school year that commences July 1, 1993, and 1998. 1,588
A POLICY ADOPTED UNDER THIS SECTION shall provide for all 1,590
of the following: 1,591
(1) Application procedures, including procedures for 1,593
notifying any future adjacent DISTRICT OR OTHER district joint 1,594
vocational students, AS APPLICABLE, and the superintendent of the 1,597
city, exempted village, or local school districts in which they 1,598
are ALSO enrolled as adjacent district students whenever their 1,600
36
applications are approved;
(2) Procedures for admitting to the district applicants 1,602
who will be, AS APPLICABLE, adjacent DISTRICT OR OTHER district 1,604
joint vocational students, including, but not limited to: 1,605
(a) The establishment of district capacity limits by grade 1,607
level, school building, and education program; 1,608
(b) A requirement that all students entitled under section 1,610
3313.64 or 3313.65 of the Revised Code to attend school in a 1,611
district that has territory in the joint vocational school 1,612
district will be enrolled in the district AHEAD OF ANY ADJACENT 1,613
DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS; 1,615
(c) A requirement that any previously enrolled adjacent 1,617
DISTRICT OR OTHER district joint vocational student, AS 1,619
APPLICABLE, shall receive preference over first-time applicants 1,621
to become adjacent DISTRICT OR OTHER district joint vocational 1,623
students.
(B) The procedures for admitting students who will be, AS 1,625
APPLICABLE, adjacent DISTRICT OR OTHER district joint vocational 1,627
students shall not include: 1,628
(1) Any requirement of academic ability, or any level of 1,630
athletic, artistic, or other extracurricular skills; 1,631
(2) Limitations on admitting applicants because of 1,633
handicapping conditions, except that a board may refuse to admit 1,634
an applicant receiving services under Chapter 3323. of the 1,635
Revised Code if the services described in the student's IEP are 1,636
not available in the district; 1,637
(3) A requirement that the student be proficient in the 1,639
English language; 1,640
(4) Rejection of any applicant because the student has 1,642
been subject to disciplinary proceedings, except that if an 1,643
applicant has been suspended or expelled by any school district 1,644
for ten consecutive days or more in the term for which admission 1,645
is sought or in the term immediately preceding the term for which 1,646
admission is sought, the procedures may include a provision 1,647
37
denying admission of such applicant. 1,648
(C) The board of education of each joint vocational school 1,650
district shall provide information about the policy it adopts 1,651
under this section, including the application procedures, to the 1,652
superintendent and the board of education of each city, exempted 1,653
village, and local school district with territory in the district 1,654
and, upon request, to the parent of any student who could become, 1,655
AS APPLICABLE, an adjacent DISTRICT OR OTHER district joint 1,656
vocational student of the district. 1,658
Sec. 3314.01. (A)(1) A board of education may permit all 1,667
or part of any of the schools under its control, upon request of 1,668
a proposing person or group and provided the person or group 1,670
meets the requirements of this chapter, to become a community 1,671
school.
(2) ANY PERSON OR GROUP OF INDIVIDUALS MAY PROPOSE THE 1,673
CREATION OF A COMMUNITY SCHOOL PURSUANT TO THE PROVISIONS OF THIS 1,674
CHAPTER. NO NONPUBLIC CHARTERED OR NONCHARTERED SCHOOL IN 1,675
EXISTENCE ON JANUARY 1, 1997, IS ELIGIBLE TO BECOME A COMMUNITY 1,676
SCHOOL UNDER THIS CHAPTER.
(B) A community school created under this chapter is a 1,679
public school, independent of any school district, and is part of 1,680
the state's program of education. A community school may sue and 1,681
be sued, acquire facilities as needed, contract for any services 1,682
necessary for the operation of the school, and enter into 1,683
contracts with a sponsor pursuant to this chapter. The governing 1,685
authority of a community school may carry out any act and ensure 1,686
the performance of any function that is in compliance with the 1,687
Ohio Constitution, this chapter, other statutes applicable to 1,688
community schools, and the contract entered into under this 1,689
chapter establishing the school. 1,690
Sec. 3314.02. (A) As used in this chapter: 1,700
(1) "Sponsor" means the A CITY, LOCAL, EXEMPTED VILLAGE, 1,703
OR JOINT VOCATIONAL board of education of the school district in 1,705
which a proposed community school is located and OR THE STATE
38
BOARD OF EDUCATION with which the governing authority of the 1,707
proposed community school enters into a contract pursuant to this 1,708
section.
(2) "Pilot project district" means a school district 1,710
included in the territory of a community school pilot project 1,711
established by Am. Sub. H.B. No. 215 of the 122nd general 1,712
assembly.
(3) "BIG EIGHT SCHOOL DISTRICT" MEANS ANY OF THE SAME 1,714
DISTRICTS DESCRIBED IN SECTION 3317.02, EXCEPT FOR A PILOT 1,715
PROJECT DISTRICT.
(4) "NEW START-UP SCHOOL" MEANS A COMMUNITY SCHOOL OTHER 1,717
THAN ONE CREATED BY CONVERTING ALL OR PART OF AN EXISTING PUBLIC 1,718
SCHOOL, AS DESIGNATED IN THE SCHOOL'S CONTRACT PURSUANT TO 1,719
DIVISION (A)(17) OF SECTION 3314.03 OF THE REVISED CODE. 1,720
(B) Prior to July 1, 2002, any ANY person or group of 1,722
individuals may initially propose under this division the 1,724
conversion of all or a portion of a public school to a community
school. The proposal shall be made to the board of education of 1,725
a city, local, or exempted village school district, other than a 1,727
pilot project district, in which the public school is proposed to 1,728
be converted. Upon receipt of a proposal, a board may enter into 1,729
a preliminary agreement with the person or group proposing the 1,730
conversion of the public school, indicating the intention of the 1,731
board of education to support the conversion to a community 1,732
school. A proposing person or group that has a preliminary 1,733
agreement under this division may proceed to finalize plans for 1,734
the school, establish a governing authority for the school, and 1,735
negotiate a contract with the board of education. Provided the 1,736
proposing person or group adheres to the preliminary agreement 1,737
and all provisions of this chapter, the board of education shall 1,738
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 1,739
section.
(C)(1) ANY PERSON OR GROUP OF INDIVIDUALS MAY PROPOSE 1,742
39
UNDER THIS DIVISION THE ESTABLISHMENT OF A NEW START-UP SCHOOL TO 1,743
BE LOCATED IN A BIG EIGHT SCHOOL DISTRICT. SUCH PROPOSAL MAY BE 1,744
MADE TO ANY OF THE FOLLOWING PUBLIC ENTITIES: 1,746
(a) THE BOARD OF EDUCATION OF THE BIG EIGHT SCHOOL 1,749
DISTRICT IN WHICH THE SCHOOL IS PROPOSED TO BE LOCATED;
(b) THE BOARD OF EDUCATION OF ANY JOINT VOCATIONAL SCHOOL 1,752
DISTRICT WITH TERRITORY IN THE COUNTY IN WHICH THE MAJORITY OF 1,753
THE TERRITORY OF THAT BIG EIGHT DISTRICT IS LOCATED;
(c) THE BOARD OF EDUCATION OF ANY OTHER CITY, LOCAL, OR 1,756
EXEMPTED VILLAGE SCHOOL DISTRICT HAVING TERRITORY IN THE SAME 1,757
COUNTY IN WHICH THAT BIG EIGHT DISTRICT HAS THE MAJOR PORTION OF 1,758
ITS TERRITORY;
(d) THE STATE BOARD OF EDUCATION. 1,760
SUCH BIG EIGHT DISTRICT BOARD, JOINT VOCATIONAL BOARD, 1,762
OTHER SCHOOL DISTRICT BOARD, OR STATE BOARD MAY ENTER INTO A 1,764
PRELIMINARY AGREEMENT PURSUANT TO DIVISION (C)(2) OF THIS SECTION 1,765
WITH THE PROPOSING PERSON OR GROUP. 1,766
(2) A PRELIMINARY AGREEMENT INDICATES THE INTENTION OF A 1,769
PUBLIC ENTITY DESCRIBED IN DIVISION (C)(1) OF THIS SECTION TO 1,771
SPONSOR THE COMMUNITY SCHOOL. A PROPOSING PERSON OR GROUP THAT 1,772
HAS SUCH A PRELIMINARY AGREEMENT MAY PROCEED TO FINALIZE PLANS 1,773
FOR THE SCHOOL, ESTABLISH A GOVERNING AUTHORITY FOR THE SCHOOL, 1,774
AND NEGOTIATE A CONTRACT WITH THE PUBLIC ENTITY. PROVIDED THE 1,775
PROPOSING PERSON OR GROUP ADHERES TO THE PRELIMINARY AGREEMENT 1,776
AND ALL PROVISIONS OF THIS CHAPTER, THE PUBLIC ENTITY SHALL 1,777
NEGOTIATE IN GOOD FAITH TO ENTER INTO A CONTRACT IN ACCORDANCE 1,778
WITH SECTION 3314.03 OF THE REVISED CODE. 1,779
(D) A majority vote of a sponsoring school district board 1,781
and a majority vote of the members of the governing authority of 1,782
a community school shall be required to adopt a contract and 1,783
convert the public school to a community school OR ESTABLISH THE 1,784
NEW START-UP SCHOOL. An unlimited number of community schools 1,786
may be established in any school district provided that a 1,788
contract is entered into for each community school pursuant to
40
this chapter. 1,789
Sec. 3314.03. (A) Each contract entered into under 1,798
section 3314.02 of the Revised Code between a sponsor and the 1,799
governing authority of a community school shall specify the 1,800
following:
(1) That the school shall be established as a nonprofit 1,802
corporation established under Chapter 1702. of the Revised Code; 1,803
(2) The education program of the school, including the 1,805
school's mission, the characteristics of the students the school 1,806
is expected to attract, the ages and grades of students, and the 1,807
focus of the curriculum; 1,808
(3) The academic goals to be achieved and the method of 1,810
measurement that will be used to determine progress toward those 1,811
goals, which shall include the statewide proficiency tests; 1,812
(4) Performance standards by which the success of the 1,814
school will be evaluated by the sponsor; 1,815
(5) The admission standards of section 3314.06 of the 1,817
Revised Code; 1,818
(6) Dismissal procedures; 1,820
(7) The ways by which the school will achieve racial and 1,822
ethnic balance reflective of the community it serves; 1,823
(8) Requirements and procedures for program and financial 1,825
audits, including audits by the auditor of state and the 1,826
department of education. The contract shall require financial 1,827
records of the school to be maintained in the same manner as are 1,828
financial records of school districts, pursuant to rules of the 1,829
auditor of state.
(9) The facility to be used and its location; 1,831
(10) Qualifications of teachers, including a requirement 1,833
that the school's classroom teachers be licensed in accordance 1,834
with sections 3319.22 to 3319.31 of the Revised Code, except that 1,835
a community school may engage noncertificated persons to teach up 1,837
to twelve hours per week pursuant to section 3319.301 of the 1,838
Revised Code;
41
(11) That the school will comply with the following 1,840
requirements: 1,841
(a) The school will provide learning opportunities to a 1,843
minimum of twenty-five students for a minimum of nine hundred 1,845
twenty hours per school year;
(b) The governing authority will purchase liability 1,848
insurance, or otherwise provide for the potential liability of 1,849
the school;
(c) The school will be nonsectarian in its programs, 1,852
admission policies, employment practices, and all other 1,853
operations, and will not be operated by a sectarian school or 1,854
religious institution;
(d) The school will comply with sections 9.90, 9.91, 1,856
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 1,858
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 1,859
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 1,860
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 1,861
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 1,862
4167. of the Revised Code as if it were a school district; 1,863
(e) The school shall comply with Chapter 102. of the 1,865
Revised Code except that nothing in that chapter shall prohibit a 1,866
member of the school's governing board from also being an 1,867
employee of the school and nothing in that chapter or section 1,868
2921.42 of the Revised Code shall prohibit a member of the 1,869
school's governing board from having an interest in a contract 1,870
into which the governing board enters; 1,871
(f) The school will comply with sections 3313.61 and 1,873
3313.611 of the Revised Code, except that the requirement in 1,875
those sections that a person must successfully complete the 1,876
curriculum in any high school prior to receiving a high school 1,877
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 1,879
curriculum specified in Title XXXIII of the Revised Code or any 1,880
rules of the state board of education;
42
(g) The school governing authority will submit an annual 1,882
report of its activities and progress in meeting the goals and 1,883
standards of divisions (A)(3) and (4) of this section and its 1,884
financial status to the sponsor and to the parents of all 1,885
students enrolled in the school.
(12) Arrangements for providing health and other benefits 1,887
to employees; 1,888
(13) The length of the contract, which shall BEGIN AT THE 1,890
BEGINNING OF AN ACADEMIC YEAR AND SHALL not exceed three years; 1,891
(14) The governing authority of the school, which shall be 1,893
responsible for carrying out the provisions of the contract; 1,894
(15) A financial plan detailing an estimated school budget 1,896
for each year of the period of the contract and specifying the 1,898
total estimated per pupil expenditure amount for each such year. 1,899
The plan shall specify for each year the base formula amount that 1,901
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 1,902
year shall not exceed the dollar formula amount specified for the 1,903
year under section 3317.022 of the Revised Code. The plan may 1,904
also specify for any year a percentage figure to be used for 1,905
reducing the per pupil amount of disadvantaged pupil impact aid 1,906
the school is to receive that year under section 3314.08 of the 1,907
Revised Code.
(16) Requirements and procedures regarding the disposition 1,909
of employees of the school in the event the contract is 1,910
terminated or not renewed pursuant to section 3314.07 of the 1,911
Revised Code;
(17) Specification WHETHER THE SCHOOL IS TO BE CREATED BY 1,913
CONVERTING ALL OR PART OF AN EXISTING PUBLIC SCHOOL OR IS TO BE A 1,914
NEW START-UP SCHOOL, AND IF IT IS A CONVERTED PUBLIC SCHOOL, 1,915
SPECIFICATION of any duties or responsibilities of an employer 1,918
that the board of education that operated the school before 1,919
conversion is delegating to the governing board of the community
school with respect to all or any specified group of employees 1,920
43
provided the delegation is not prohibited by a collective 1,921
bargaining agreement applicable to such employees; 1,922
(18) PROVISIONS ESTABLISHING PROCEDURES FOR RESOLVING 1,924
DISPUTES OR DIFFERENCES OF OPINION BETWEEN THE SPONSOR AND THE 1,925
GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL. 1,926
(B) The community school shall also submit to the sponsor 1,928
a comprehensive plan for the school. The plan shall specify the 1,930
following:
(1) The process by which the governing authority of the 1,932
school will be selected in the future; 1,933
(2) The management and administration of the school; 1,935
(3) Alternative IF THE COMMUNITY SCHOOL IS A CURRENTLY 1,937
EXISTING PUBLIC SCHOOL, ALTERNATIVE arrangements for current 1,939
public school students who choose not to attend the school and 1,940
teachers who choose not to teach in the school after conversion; 1,941
(4) The instructional program and educational philosophy 1,943
of the school; 1,944
(5) Internal financial controls. 1,946
(C) A CONTRACT ENTERED INTO UNDER SECTION 3314.02 OF THE 1,949
REVISED CODE BETWEEN A SPONSOR AND THE GOVERNING AUTHORITY OF A 1,951
COMMUNITY SCHOOL MAY PROVIDE FOR THE COMMUNITY SCHOOL GOVERNING
AUTHORITY TO MAKE PAYMENTS TO THE SPONSOR, WHICH IS HEREBY 1,952
AUTHORIZED TO RECEIVE SUCH PAYMENTS AS SET FORTH IN THE CONTRACT 1,953
BETWEEN THE GOVERNING AUTHORITY AND THE SPONSOR. 1,954
Sec. 3314.05. The contract between the community school 1,963
and the sponsor shall specify the facility to be used for the 1,964
community school AND THE METHOD OF ACQUISITION. Any facility 1,965
used for a community school shall meet all health and safety 1,966
standards established by law for school buildings.
In the case where a community school is proposed to be 1,968
located in a facility owned by a school district or educational 1,969
service center, the facility may not be used for such community 1,971
school unless the district or service center board owning the 1,972
facility enters into an agreement for the community school to
44
utilize the facility. Use of the facility may be under any terms 1,974
and conditions agreed to by the district or service center board 1,975
and the school.
Sec. 3314.10. (A)(1) The governing authority of any 1,985
community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its 1,986
mission and fulfill its contract. 1,987
(2) Except as provided under division (A)(3) of this 1,989
section, employees hired under this section may organize and 1,991
collectively bargain pursuant to Chapter 4117. of the Revised 1,992
Code. Notwithstanding division (D)(1) of section 4117.06 of the 1,993
Revised Code, a unit containing teaching and nonteaching 1,994
employees employed under this section shall be considered an 1,995
appropriate unit. As applicable, employment under this section 1,996
is subject to either Chapter 3307. or 3309. of the Revised Code. 1,997
(3) At IF A SCHOOL IS CREATED BY CONVERTING ALL OR PART OF 1,999
AN EXISTING PUBLIC SCHOOL RATHER THAN BY ESTABLISHMENT OF A NEW 2,000
START-UP SCHOOL, AT the time a community school is created by 2,001
converting all or part of an existing public school into the 2,002
community school CONVERSION, the employees of the community 2,004
school shall remain part of any collective bargaining unit in
which they were included immediately prior to the conversion and 2,005
shall remain subject to any collective bargaining agreement for 2,006
that unit in effect on the first day of July of the year in which 2,007
the community school initially begins operation and shall be 2,008
subject to any subsequent collective bargaining agreement for 2,009
that unit, unless a petition is certified as sufficient under 2,010
division (A)(6) of this section with regard to those employees. 2,011
Any new employees of the community school shall also be included 2,012
in the unit to which they would have been assigned had not the 2,013
conversion taken place and shall be subject to the collective 2,014
bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard 2,015
to those employees. 2,016
45
Notwithstanding division (B) of section 4117.01 of the 2,018
Revised Code, the board of education of a school district and not 2,020
the governing authority of a community school shall be regarded, 2,021
for purposes of Chapter 4117. of the Revised Code, as the "public 2,022
employer" of the employees of the A CONVERSION community school 2,023
subject to a collective bargaining agreement pursuant to division 2,024
(A)(3) of this section unless a petition is certified under 2,025
division (A)(6) of this section with regard to those employees. 2,026
Only on and after the effective date of a petition certified as 2,027
sufficient under division (A)(6) of this section shall division 2,028
(A)(2) of this section apply to those employees of that community 2,029
school and only on and after the effective date of that petition 2,030
shall Chapter 4117. of the Revised Code apply to the governing 2,031
authority of that community school with regard to those
employees. 2,032
(4) Notwithstanding sections 4117.03 to 4117.18 of the 2,034
Revised Code and Section 4 of Amended Substitute Senate Bill No. 2,035
133 of the 115th general assembly, the employees of a CONVERSION 2,036
community school who are subject to a collective bargaining 2,037
agreement pursuant to division (A)(3) of this section shall cease 2,038
to be subject to that agreement and all subsequent agreements 2,039
pursuant to that division and shall cease to be part of the 2,040
collective bargaining unit that is subject to that and all 2,041
subsequent agreements, if a majority of the employees of the THAT 2,042
community school who are subject to that collective bargaining 2,043
agreement sign and submit to the state employment relations board
a petition requesting all of the following: 2,045
(a) That all the employees of the community school who are 2,048
subject to that agreement be removed from the bargaining unit
that is subject to that agreement and be designated by the state 2,049
employment relations board as a new and separate bargaining unit 2,050
for purposes of Chapter 4117. of the Revised Code; 2,052
(b) That the employee organization certified as the 2,054
exclusive representative of the employees of the bargaining unit 2,055
46
from which the employees are to be removed be certified as the 2,056
exclusive representative of the new and separate bargaining unit 2,058
for purposes of Chapter 4117. of the Revised Code; 2,059
(c) That the governing authority of the community school 2,062
be regarded as the "public employer" of these employees for
purposes of Chapter 4117. of the Revised Code. 2,063
(5) Notwithstanding sections 4117.03 to 4117.18 of the 2,065
Revised Code and Section 4 of Amended Substitute Senate Bill No. 2,067
133 of the 115th general assembly, the employees of a CONVERSION
community school who are subject to a collective bargaining 2,069
agreement pursuant to division (A)(3) of this section shall cease 2,070
to be subject to that agreement and all subsequent agreements 2,071
pursuant to that division, shall cease to be part of the 2,072
collective bargaining unit that is subject to that and all 2,073
subsequent agreements, and shall cease to be represented by any 2,074
exclusive representative of that collective bargaining unit, if a 2,075
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the 2,076
state employment relations board a petition requesting all of the 2,077
following:
(a) That all the employees of the community school who are 2,080
subject to that agreement be removed from the bargaining unit
that is subject to that agreement; 2,081
(b) That any employee organization certified as the 2,083
exclusive representative of the employees of that bargaining unit 2,084
be decertified as the exclusive representative of the employees 2,085
of the community school who are subject to that agreement; 2,086
(c) That the governing authority of the community school 2,088
be regarded as the "public employer" of these employees for 2,089
purposes of Chapter 4117. of the Revised Code. 2,090
(6) Upon receipt of a petition under division (A)(4) or 2,092
(5) of this section, the state employment relations board shall 2,093
check the sufficiency of the signatures on the petition. If the 2,095
signatures are found sufficient, the board shall certify the
47
sufficiency of the petition and so notify the parties involved, 2,096
including the board of education, the governing authority of the 2,097
community school, and any exclusive representative of the 2,098
bargaining unit. The changes requested in a certified petition 2,099
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is 2,100
certified under division (A)(6) of this section. 2,101
(B)(1) The board of education of each city, local, and 2,103
exempted village school district sponsoring a community school 2,104
and the governing board of each educational service center in 2,106
which a community school is located shall adopt a policy that 2,107
provides a leave of absence of at least three years to each 2,108
teacher or nonteaching employee of the district or service center 2,109
who is employed by a CONVERSION OR NEW START-UP community school 2,110
located in SPONSORED BY the district or LOCATED IN THE DISTRICT 2,111
OR center for the period during which the teacher or employee is 2,112
continuously employed by the community school. The policy shall 2,113
also provide that any teacher or nonteaching employee may return 2,114
to employment by the district or service center if the teacher or 2,115
employee leaves or is discharged from employment with the 2,116
community school for any reason, UNLESS, IN THE CASE OF A 2,117
TEACHER, THE BOARD OF THE DISTRICT OR SERVICE CENTER DETERMINES 2,118
THAT THE TEACHER WAS DISCHARGED FOR A REASON FOR WHICH THE BOARD 2,119
WOULD HAVE SOUGHT TO DISCHARGE THE TEACHER UNDER SECTION 3319.16
OF THE REVISED CODE, IN WHICH CASE THE BOARD MAY PROCEED TO 2,120
DISCHARGE THE TEACHER UTILIZING THE PROCEDURES OF THAT SECTION. 2,121
Upon termination of such a leave of absence, any seniority that 2,122
is applicable to the person shall be calculated to include all of 2,123
the following: all employment by the district or service center 2,124
prior to the leave of absence; all employment by the community 2,125
school during the leave of absence; and all employment by the 2,126
district or service center after the leave of absence. The 2,127
policy shall also provide that if any teacher holding valid 2,128
certification returns to employment by the district or service 2,129
48
center upon termination of such a leave of absence, the teacher 2,130
shall be restored to the previous position and salary or to a 2,131
position and salary similar thereto. If, as a result of teachers 2,132
returning to employment upon termination of such leaves of 2,133
absence, a school district or educational service center reduces 2,134
the number of teachers it employs, it shall make such reductions 2,135
in accordance with section 3319.17 of the Revised Code.
Unless a collective bargaining agreement providing 2,137
otherwise is in effect for an employee of a CONVERSION community 2,138
school pursuant to division (A)(3) of this section, an employee 2,139
on a leave of absence pursuant to this division shall remain 2,140
eligible for any benefits that are in addition to benefits under 2,141
Chapter 3307. or 3309. of the Revised Code provided by the 2,142
district or service center to its employees provided the employee 2,143
pays the entire cost associated with such benefits, except that 2,144
personal leave and vacation leave cannot be accrued for use as an 2,145
employee of a school district or service center while in the 2,146
employ of a community school unless the district or service 2,147
center board adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division 2,149
(B)(1) of this section, a CONVERSION community school shall 2,150
permit a teacher to use sick leave accrued while in the employ of 2,151
the school district from which the leave of absence was taken and 2,152
prior to commencing such leave. If a teacher who is on such a 2,153
leave of absence uses sick leave so accrued, the cost of any
salary paid by the community school to the teacher for that time 2,155
shall be reported to the department of education. The cost of 2,156
employing a substitute teacher for that time shall be paid by the 2,157
community school. The department of education shall add amounts 2,158
to the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community 2,159
school as paid to a teacher using sick leave so accrued pursuant 2,160
to this section. The department shall subtract the amounts of 2,161
any payments made to community schools under this division from 2,162
49
payments made to such sponsoring school district under Chapter 2,163
3317. of the Revised Code.
A school district providing a leave of absence and employee 2,165
benefits to a person pursuant to this division is not liable for 2,166
any action of that person while the person is on such leave and 2,167
employed by a community school.
Sec. 3314.11. THE DEPARTMENT OF EDUCATION SHALL ESTABLISH 2,169
A STATE COMMUNITY SCHOOL COMMISSION. THE COMMISSION SHALL 2,170
PROVIDE ASSISTANCE AND INFORMATION TO PERSONS OR GROUPS 2,171
CONSIDERING PROPOSING A COMMUNITY SCHOOL, TO GOVERNING 2,172
AUTHORITIES OF COMMUNITY SCHOOLS, AND TO SCHOOL DISTRICT BOARDS
SPONSORING OR CONSIDERING SPONSORING A COMMUNITY SCHOOL. 2,173
Sec. 3314.20. THIS SECTION DOES NOT APPLY TO ANY SCHOOL 2,175
DISTRICT DECLARED TO BE EFFECTIVE PURSUANT TO DIVISION (B)(1) OF 2,176
SECTION 3302.03 OF THE REVISED CODE.
(A) THE DEPARTMENT OF EDUCATION SHALL RECOMMEND RULES TO 2,179
THE GENERAL ASSEMBLY REQUIRING SCHOOL DISTRICTS WITH AVERAGE 2,180
DAILY MEMBERSHIPS OF OVER FIVE THOUSAND, AS REPORTED PURSUANT TO 2,181
DIVISION (A) OF SECTION 3317.03 OF THE REVISED CODE, TO DESIGNATE 2,183
ONE SCHOOL BUILDING TO BE OPERATED BY A SITE-BASED MANAGEMENT 2,184
COUNCIL. THE RULES SHALL SPECIFY THE COMPOSITION OF THE COUNCIL 2,185
AND THE MANNER IN WHICH MEMBERS OF THE COUNCIL ARE TO BE SELECTED 2,186
AND REMOVED. 2,187
(B) THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION 2,191
SHALL SPECIFY THOSE POWERS, DUTIES, FUNCTIONS, AND
RESPONSIBILITIES THAT SHALL BE VESTED IN THE MANAGEMENT COUNCIL 2,192
AND THAT WOULD OTHERWISE BE EXERCISED BY THE DISTRICT BOARD OF 2,193
EDUCATION. THE RULES SHALL ALSO ESTABLISH A MECHANISM FOR 2,194
RESOLVING ANY DIFFERENCES BETWEEN THE COUNCIL AND THE DISTRICT 2,195
BOARD IF THERE IS DISAGREEMENT AS TO THEIR RESPECTIVE POWERS, 2,196
DUTIES, FUNCTIONS, AND RESPONSIBILITIES. 2,197
(C) THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT 2,200
DESCRIBED BY DIVISION (A) OF THIS SECTION MAY, IN LIEU OF 2,202
COMPLYING WITH THE RULES ADOPTED UNDER THIS SECTION, FILE WITH 2,203
50
THE DEPARTMENT OF EDUCATION AN ALTERNATIVE STRUCTURE FOR A 2,204
DISTRICT SITE-BASED MANAGEMENT PROGRAM IN AT LEAST ONE OF ITS 2,205
SCHOOL BUILDINGS. THE PROPOSAL SHALL SPECIFY THE COMPOSITION OF 2,206
THE COUNCIL, WHICH SHALL INCLUDE AN EQUAL NUMBER OF PARENTS AND 2,207
TEACHERS AND THE BUILDING PRINCIPAL, AND THE METHOD OF SELECTION 2,208
AND REMOVAL OF THE COUNCIL MEMBERS. THE PROPOSAL SHALL ALSO 2,209
CLEARLY DELINEATE THE RESPECTIVE POWERS, DUTIES, FUNCTIONS, AND 2,210
RESPONSIBILITIES OF THE DISTRICT BOARD AND THE COUNCIL. THE 2,212
DISTRICT'S PROPOSAL SHALL COMPLY SUBSTANTIALLY WITH THE RULES
APPROVED BY THE GENERAL ASSEMBLY. 2,213
(D) THE RULES RECOMMENDED UNDER THIS SECTION SHALL TAKE 2,215
EFFECT UPON APPROVAL OF THE GENERAL ASSEMBLY THROUGH THE PASSAGE 2,216
OF A JOINT RESOLUTION. 2,217
Sec. 3317.06. Moneys paid to school districts under 2,226
division (P) of section 3317.024 of the Revised Code shall be 2,227
used for the following independent and fully severable purposes: 2,228
(A) To purchase such secular textbooks as have been 2,230
approved by the superintendent of public instruction for use in 2,231
public schools in the state and to loan such textbooks to pupils 2,232
attending nonpublic schools within the district or to their 2,233
parents and to hire clerical personnel to administer such lending 2,234
program. Such loans shall be based upon individual requests 2,235
submitted by such nonpublic school pupils or parents. Such 2,236
requests shall be submitted to the school district in which the 2,237
nonpublic school is located. Such individual requests for the 2,238
loan of textbooks shall, for administrative convenience, be 2,239
submitted by the nonpublic school pupil or his THE PUPIL'S parent 2,241
to the nonpublic school which shall prepare and submit collective
summaries of the individual requests to the school district. As 2,242
used in this section, "textbook" means any book or book 2,243
substitute which a pupil uses as a text or text substitute in a 2,244
particular class or program in the school he THE PUPIL regularly 2,245
attends. 2,246
(B) To provide speech and hearing diagnostic services to 2,248
51
pupils attending nonpublic schools within the district. Such 2,249
service shall be provided in the nonpublic school attended by the 2,250
pupil receiving the service. 2,251
(C) To provide physician, nursing, dental, and optometric 2,253
services to pupils attending nonpublic schools within the 2,254
district. Such services shall be provided in the school attended 2,255
by the nonpublic school pupil receiving the service. 2,256
(D) To provide diagnostic psychological services to pupils 2,258
attending nonpublic schools within the district. Such services 2,259
shall be provided in the school attended by the pupil receiving 2,260
the service. 2,261
(E) To provide therapeutic psychological and speech and 2,263
hearing services to pupils attending nonpublic schools within the 2,264
district. Such services shall be provided in the public school, 2,265
in nonpublic schools that have no religious or sectarian 2,266
affiliation, in public centers, or in mobile units located ON OR 2,267
off of the nonpublic premises as determined by the department of 2,269
education. If such services are provided in the public school or 2,270
in public centers, transportation to and from such facilities 2,271
shall be provided by the school district in which the nonpublic 2,272
school is located. 2,273
(F) To provide guidance and counseling services to pupils 2,275
attending nonpublic schools within the district. Such services 2,276
shall be provided in the public school, in nonpublic schools that 2,277
have no religious or sectarian affiliation, in public centers, or 2,278
in mobile units located ON OR off of the nonpublic premises as 2,279
determined by the state department of education. If such 2,280
services are provided in the public school or in public centers, 2,281
transportation to and from such facilities shall be provided by 2,282
the school district in which the nonpublic school is located. 2,283
(G) To provide remedial services to pupils attending 2,285
nonpublic schools within the district. Such services shall be 2,286
provided in the public school, in nonpublic schools that have no 2,287
religious or sectarian affiliation, in public centers, or in 2,288
52
mobile units located ON OR off of the nonpublic premises as 2,289
determined by the department of education. If such services are 2,291
provided in the public school or in public centers, 2,292
transportation to and from such facilities shall be provided by 2,293
the school district in which the nonpublic school is located. 2,294
(H) To supply for use by pupils attending nonpublic 2,296
schools within the district such standardized tests and scoring 2,297
services as are in use in the public schools of the state; 2,298
(I) To provide programs for children who attend nonpublic 2,300
schools within the district and are handicapped children as 2,301
defined in division (A) of section 3323.01 of the Revised Code or 2,302
gifted children. Such programs shall be provided in the public 2,303
school, in nonpublic schools that have no religious or sectarian 2,304
affiliation, in public centers, or in mobile units located ON OR 2,305
off of the nonpublic premises as determined by the state 2,307
department of education. If such programs are provided in the 2,308
public school or in public centers, transportation to and from 2,309
such facilities shall be provided by the school district in which 2,310
the nonpublic school is located. 2,311
(J) To hire clerical personnel to assist in the 2,313
administration of programs pursuant to divisions (B), (C), (D), 2,314
(E), (F), (G), and (I) of this section and to hire supervisory 2,315
personnel to supervise the providing of services and textbooks 2,316
pursuant to this section. 2,317
(K) To purchase any secular, neutral, and nonideological 2,319
computer software, prerecorded video laserdiscs, compact discs, 2,321
and video cassette cartridges and mathematics or science 2,322
equipment and materials that are in general use in the public 2,324
schools of the state and loan such computer software, prerecorded 2,325
video laserdiscs, compact discs, and video cassette cartridges, 2,327
equipment, and materials to pupils attending nonpublic schools 2,329
within the district or to their parents, and to hire clerical 2,330
personnel to administer the lending program. Only computer 2,331
software, prerecorded video laserdiscs, compact discs, and video 2,333
53
cassette cartridges, equipment, and materials that are incapable 2,335
of diversion to religious use and that are susceptible of loan to 2,336
individual pupils and are furnished for the use of individual 2,337
pupils shall be purchased and loaned under this division. 2,338
(L) To purchase instructional equipment, including 2,340
computer hardware, for use by pupils attending nonpublic schools 2,342
within the district, if such usage only occurs when these pupils 2,344
are BEING provided THE SECULAR REMEDIAL, DIAGNOSTIC, OR 2,345
THERAPEUTIC services in public schools, in nonpublic schools that 2,346
have no religious or sectarian affiliation and provide only a
nonreligious educational program, in public centers, or in mobile 2,347
units located off of nonpublic school premises as determined by 2,348
the department of education PURSUANT TO DIVISION (B), (D), (E), 2,350
(F), (G), OR (I) OF THIS SECTION.
(M) To purchase mobile units needed TO BE USED for the 2,352
provision of services pursuant to divisions (E), (F), (G), and 2,355
(I) of this section and to pay for necessary repairs and 2,356
operating costs associated with these units. 2,358
Clerical and supervisory personnel hired pursuant to 2,360
division (J) of this section shall perform their services in the 2,361
public schools, in nonpublic schools that have no religious or 2,362
sectarian affiliation, in public centers, or mobile units where 2,363
the services are provided to the nonpublic school pupil, except 2,364
that such personnel may accompany pupils to and from neutral THE 2,365
service sites when necessary to ensure the safety of the children 2,366
receiving the services. 2,367
Health services provided pursuant to divisions (B), (C), 2,369
(D), and (E) of this section may be provided under contract with 2,370
the department of health, city or general health districts, or 2,371
private agencies whose personnel are properly licensed by an 2,372
appropriate state board or agency. 2,373
Transportation of pupils provided pursuant to divisions 2,375
(E), (F), (G), and (I) of this section shall be provided by the 2,376
school district from its general funds and not from moneys paid 2,377
54
to it under division (P) of section 3317.024 of the Revised Code 2,378
unless a special transportation request is submitted by the 2,379
parent of the child receiving service pursuant to such divisions. 2,380
If such an application is presented to the school district, it 2,381
may pay for the transportation from moneys paid to it under 2,382
division (P) of section 3317.024 of the Revised Code. 2,383
No school district shall provide health or remedial 2,385
services to nonpublic school pupils as authorized by this section 2,386
unless such services are available to pupils attending the public 2,387
schools within the district. 2,388
Materials, equipment, computer software, textbooks, and 2,390
health and remedial services provided for the benefit of 2,391
nonpublic school pupils pursuant to this section and the 2,392
admission of pupils to such nonpublic schools shall be provided 2,393
without distinction as to race, creed, color, or national origin 2,394
of such pupils or of their teachers. 2,395
No school district shall provide services for use in 2,397
religious courses, devotional exercises, religious training, or 2,398
any other religious activity. 2,399
As used in this section, "parent" includes a person 2,401
standing in loco parentis to a child. 2,402
Notwithstanding section 3317.01 of the Revised Code, 2,404
payments shall be made under this section to any city, local, or 2,405
exempted village school district within which is located one or 2,406
more nonpublic elementary or high schools. 2,407
The allocation of payments for materials, equipment, 2,409
textbooks, health services, and remedial services to city, local, 2,410
and exempted village school districts shall be on the basis of 2,411
the state board of education's estimated annual average daily 2,412
membership in nonpublic elementary and high schools located in 2,413
the district. 2,414
Payments made to city, local, and exempted village school 2,416
districts under this section shall be equal to specific 2,417
appropriations made for the purpose. All interest earned by a 2,418
55
school district on such payments shall be used by the district 2,419
for the same purposes and in the same manner as the payments may 2,420
be used. 2,421
The department of education shall adopt guidelines and 2,423
procedures under which such programs and services shall be 2,424
provided, under which districts shall be reimbursed for 2,425
administrative costs incurred in providing such programs and 2,426
services, and under which any unexpended balance of the amounts 2,427
appropriated by the general assembly to implement this section 2,428
may be transferred to the auxiliary services personnel 2,429
unemployment compensation fund established pursuant to section 2,430
4141.47 of the Revised Code. The department shall also adopt 2,431
guidelines and procedures limiting the purchase and loan of 2,432
computer software, equipment, and materials under division (K) of 2,433
this section to items that are in general use in the public 2,434
schools of the state, that are incapable of diversion to 2,435
religious use, and that are susceptible to individual use rather 2,436
than classroom use. Within thirty days after the end of each 2,437
biennium, each board of education shall remit to the department 2,438
all moneys paid to it under division (P) of section 3317.024 of 2,439
the Revised Code and any interest earned on those moneys that are 2,440
not required to pay expenses incurred under this section during 2,441
the biennium for which the money was appropriated and during 2,442
which the interest was earned. If a board of education 2,443
subsequently determines that the remittal of moneys leaves the 2,444
board with insufficient money to pay all valid expenses incurred 2,445
under this section during the biennium for which the remitted 2,446
money was appropriated, the board may apply to the department of 2,447
education for a refund of money, not to exceed the amount of the 2,448
insufficiency. If the department determines the expenses were 2,449
lawfully incurred and would have been lawful expenditures of the 2,450
refunded money, it shall certify its determination and the amount 2,451
of the refund to be made to the administrator of the bureau of 2,452
employment services who shall make a refund as provided in 2,453
56
section 4141.47 of the Revised Code. 2,454
Sec. 3317.064. (A) There is hereby established in the 2,463
state treasury the auxiliary services mobile unit replacement and 2,464
repair fund. By the thirtieth day of January of each 2,465
odd-numbered year, the administrator of the bureau of employment 2,466
services and the superintendent of public instruction shall 2,467
determine the amount of any excess moneys in the auxiliary 2,468
services personnel unemployment compensation fund not reasonably 2,469
necessary for the purposes of section 4141.47 of the Revised 2,470
Code, and shall certify such amount to the director of budget and 2,471
management for transfer to the auxiliary services mobile unit 2,472
replacement and repair fund. If the administrator and the 2,473
superintendent disagree on such amount, the director shall 2,474
determine the amount to be transferred. 2,475
(B) Moneys in the auxiliary services mobile unit 2,477
replacement and repair fund shall be used for the replacement and 2,478
repair of mobile units required USED to provide the services 2,479
specified in division (E), (F), (G), or (I) of section 3317.06 of 2,481
the Revised Code and for no other purpose. The state board of 2,482
education shall adopt guidelines and procedures for replacement 2,483
and repair of mobile units and the procedures under which a 2,484
school district may apply to receive moneys with which to repair 2,485
or replace such units. 2,486
Sec. 3321.05. AS USED IN THIS SECTION, "ALL-DAY 2,488
KINDERGARTEN," "EXTENDED KINDERGARTEN," AND "TRADITIONAL 2,489
KINDERGARTEN" HAVE THE SAME MEANINGS AS IN SECTION 3317.02 OF THE 2,491
REVISED CODE. 2,492
ANY SCHOOL DISTRICT MAY OPERATE ALL-DAY KINDERGARTEN OR 2,494
EXTENDED KINDERGARTEN, BUT NO DISTRICT SHALL REQUIRE ANY STUDENT 2,495
TO ATTEND KINDERGARTEN FOR MORE THAN THE NUMBER OF CLOCK HOURS 2,496
REQUIRED EACH DAY FOR TRADITIONAL KINDERGARTEN BY THE MINIMUM 2,497
STANDARDS ADOPTED UNDER SECTION 3301.07 OF THE REVISED CODE. 2,499
EACH SCHOOL DISTRICT THAT OPERATES ALL-DAY OR EXTENDED 2,500
KINDERGARTEN SHALL ACCOMMODATE STUDENTS WHOSE PARENTS OR 2,501
57
GUARDIANS ELECT TO ENROLL THEM FOR THE MINIMUM NUMBER OF HOURS. 2,502
ANY STUDENT WHO ATTENDS KINDERGARTEN FOR THE MINIMUM NUMBER 2,505
OF HOURS SHALL BE COUNTED IN AVERAGE DAILY MEMBERSHIP UNDER 2,506
SECTIONS 3317.02, 3317.023, 3317.03, AND 3317.08 OF THE REVISED 2,507
CODE, AS TRADITIONAL KINDERGARTEN STUDENTS.
Sec. 3333.35. THE STATE BOARD OF EDUCATION AND THE OHIO 2,510
BOARD OF REGENTS SHALL STRIVE TO REDUCE UNNECESSARY STUDENT
REMEDIATION COSTS INCURRED BY COLLEGES AND UNIVERSITIES IN THIS 2,511
STATE, INCREASE OVERALL ACCESS FOR STUDENTS TO HIGHER EDUCATION, 2,512
ENHANCE THE POST-SECONDARY ENROLLMENT OPTIONS PROGRAM IN 2,513
ACCORDANCE WITH CHAPTER 3365. OF THE REVISED CODE, AND ENHANCE 2,514
THE ALTERNATIVE EDUCATOR LICENSURE PROGRAM IN ACCORDANCE WITH 2,515
SECTION 3319.26 OF THE REVISED CODE.
Sec. 3365.15. NO LATER THAN JULY 1, 1999, THE BOARD OF 2,518
REGENTS SHALL ADOPT RULES UNDER WHICH IT SHALL AWARD AT LEAST A 2,519
FIVE-HUNDRED DOLLAR SCHOLARSHIP TO EACH STUDENT WHO BOTH:
(A) AFTER JULY 1, 1998, AND WHILE THE STUDENT ATTENDS 2,522
TWELFTH GRADE, ATTAINS AT LEAST THE APPLICABLE SCORES DESIGNATED 2,523
UNDER DIVISION (A)(3) OF SECTION 3301.0710 OF THE REVISED CODE ON 2,527
ALL FIVE TESTS PRESCRIBED UNDER THAT DIVISION;
(B) SUBMITS TO THE BOARD OF REGENTS, IN THE FORM AND 2,530
MANNER AND BY ANY DEADLINE PRESCRIBED BY THE RULES, EVIDENCE OF
HAVING ENROLLED IN A STATE-ASSISTED COLLEGE OR UNIVERSITY, A 2,532
NONPROFIT INSTITUTION HOLDING A CERTIFICATE OF AUTHORIZATION 2,533
PURSUANT TO CHAPTER 1713. OF THE REVISED CODE, OR AN INSTITUTION 2,536
REGISTERED BY THE STATE BOARD OF PROPRIETARY SCHOOL REGISTRATION 2,537
THAT HAS PROGRAM AUTHORIZATION TO AWARD AN ASSOCIATE OR
BACHELOR'S DEGREE. 2,539
THE BOARD OF REGENTS SHALL PAY EACH SCHOLARSHIP AWARDED 2,541
UNDER THIS SECTION TO THE STUDENT. IT MAY BE USED TO DEFRAY ANY 2,542
EDUCATIONAL EXPENSES.
Section 2. That existing sections 3301.0710, 3301.0711, 2,544
3302.07, 3313.533, 3313.61, 3313.98, 3313.981, 3313.983, 3314.01, 2,546
3314.02, 3314.03, 3314.05, 3314.10, 3317.06, and 3317.064 and 2,547
58
sections 3301.85, 3302.01, 3302.02, 3302.03, 3302.04, 3302.05, 2,548
and 3302.06 of the Revised Code are hereby repealed. 2,549
Section 3. Section 3313.61 of the Revised Code is 2,551
presented in this act as a composite of the section as amended by 2,552
both Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General 2,553
Assembly, with the new language of neither of the acts shown in 2,555
capital letters. This is in recognition of the principle stated 2,556
in division (B) of section 1.52 of the Revised Code that such 2,557
amendments are to be harmonized where not substantively 2,558
irreconcilable and constitutes a legislative finding that such is 2,559
the resulting version in effect prior to the effective date of 2,560
this act.
Section 4. (A) The requirement of this act to begin 2,562
administering tests of completion of tenth grade skills shall 2,563
first apply to the school year that begins on July 1, 2002. In 2,564
March of that school year, the tenth grade tests required by 2,565
sections 3301.0710 and 3301.0711, as amended by this act, shall 2,566
be given to tenth grade students. In the school year that begins 2,568
July 1, 2003, the tenth grade tests shall be given once to all 2,569
tenth graders in March and twice to all eleventh graders. In the 2,570
school year that begins July 1, 2004, the tenth grade tests shall 2,571
be given to all tenth graders in March and to all eleventh and 2,572
twelfth graders twice during the year. Thereafter, the tenth 2,573
grade tests shall be given each year as required by those 2,574
sections. The requirement to pass the new tenth grade tests in 2,575
order to obtain diplomas shall first apply to students who 2,576
graduate after September 15, 2004.
(B) Notwithstanding sections 3301.0710 and 3301.0711 of 2,578
the Revised Code, as amended by this act, the State Board of 2,579
Education shall continue to prescribe and, through the school 2,580
year that begins July 1, 2003, ninth grade tests as required by 2,581
those sections prior to the effective date of this act shall 2,582
continue to be administered to all students who entered the ninth 2,583
grade prior to July 1, 2001. Any such student is exempt from the 2,584
59
requirement to take any tenth grade test if any are administered 2,585
to the student's grade level. Such students, and any former 2,586
students, who pass all parts of the ninth grade proficiency tests 2,587
prior to September 15, 2004, may receive diplomas based upon 2,588
passage of such ninth grade tests. Thereafter, any such student 2,589
must pass the tenth grade tests to receive diplomas. 2,590
Section 5. The Ohio Board of Regents, in consultation with 2,592
the Superintendent of Public Instruction, shall prepare a plan 2,593
recommending strategies for increasing the number of mathematics 2,594
and science teachers in this state. The Board shall submit its 2,595
plan no later than December 31, 1998, to the Governor, the 2,596
President and Minority Leader of the Senate, the Speaker and 2,597
Minority Leader of the House of Representatives, and the 2,598
chairpersons of the Senate and House Education Committees. 2,599
Section 6. Sections 1 through 5 of this act, except for 2,601
sections 3302.05, 3313.6010, 3317.06, 3317.064, and 3333.35 and 2,603
the repeal of section 3301.85 of the Revised Code, shall take 2,604
effect on July 1, 1998. Sections 3302.05, 3313.6010, 3317.06, 2,605
3317.064, and 3333.35 of the Revised Code, as amended or enacted 2,607
by this act, and the repeal of section 3301.85 of the Revised 2,608
Code by this act, shall take effect at the earliest time 2,609
permitted by law.
Section 7. That Section 50.16 of Am. Sub. H.B. 215 of the 2,612
122nd General Assembly be amended to read as follows: 2,613
"Sec. 50.16. Property Tax Allocation 2,615
The Superintendent of Public Instruction shall not request 2,617
and the Controlling Board shall not approve the transfer of funds 2,618
from appropriation item 200-901, Property Tax 2,619
Allocation--Education, to any other appropriation line item. 2,620
Textbooks/Instructional Materials 2,622
As used in this section, "valuation per pupil" means a 2,624
district's total taxable value OF THE PRECEDING FISCAL YEAR as 2,625
defined in section 3317.02 of the Revised Code divided by the 2,626
district's ADM OF THE PRECEDING FISCAL YEAR as defined in 2,627
60
division (A) of section 3317.021 3317.02 of the Revised Code. 2,628
Money in the foregoing appropriation item 200-645, 2,630
Textbooks/Instructional Materials, shall be distributed on a per 2,631
pupil basis to all city, exempted village, and local school 2,632
districts with a valuation per pupil less than $200,000. City, 2,633
exempted village, and local school districts shall use moneys
received from the appropriation item for textbooks, instructional 2,634
software, instructional materials, and any other materials the 2,635
district deems to be helpful in providing appropriate instruction 2,636
to students in the following subject areas: reading, writing, 2,637
mathematics, science, and citizenship."
Section 8. That existing Section 50.16 of Am. Sub. H.B. 2,639
215 of the 122nd General Assembly is hereby repealed. 2,640
Section 9. That sections 3317.02, 3317.023, and 3317.08 of 2,642
the Revised Code be amended to read as follows: 2,643
Sec. 3317.02. As used in sections 3317.02 to 3317.023 and 2,653
section 3317.16 of the Revised Code:
(A) Except as used in division (B) of section 3317.023 of 2,655
the Revised Code, "ADM" means the average daily membership 2,656
determined pursuant to section 3317.03 of the Revised Code, 2,657
including the average daily membership certified under division 2,658
(A)(4) of section 3317.03 of the Revised Code but not including 2,659
the average daily membership of pupils attending a joint 2,660
vocational school or counted in a unit funded under division (M) 2,661
or (N) of section 3317.024 of the Revised Code; minus one-half of 2,662
the kindergarten average daily membership in the case of any 2,664
school district other than an urban or, big eight, OR 2,665
DISADVANTAGED RURAL SCHOOL district; minus one-fourth of the 2,666
extended kindergarten average daily membership and one-half of 2,667
the traditional kindergarten average daily membership in the case 2,668
of any URBAN, big eight, OR DISADVANTAGED RURAL SCHOOL district; 2,669
minus one-fourth of the all-day and extended kindergarten average 2,670
daily membership and one-half of the traditional kindergarten 2,671
average daily membership in the case of any urban district; plus 2,672
61
one-fourth of the average daily membership of pupils enrolled in 2,673
the district and attending a joint vocational school, or a 2,674
vocational school, or a compact or contract vocational school. 2,675
Except for purposes of divisions (C), (D), and (E) of section 2,676
3317.023 of the Revised Code, if the average of the average daily 2,677
membership of a district for the current year and the two 2,678
immediately preceding years is larger than the sum for the 2,679
current year, such average shall be used as the ADM for that 2,680
district for the current year after: deducting the number of 2,681
pupils attending a joint vocational school or counted in division 2,682
(M) or (N) of section 3317.024 of the Revised Code; and, in the 2,683
case of any school district other than an urban or, big eight, OR 2,684
DISADVANTAGED RURAL SCHOOL district, deducting one-half of the 2,685
kindergarten average daily membership, and, in the case of any 2,686
URBAN, big eight, OR DISADVANTAGED RURAL SCHOOL district, 2,687
deducting one-fourth of the extended kindergarten average daily 2,688
membership and one-half of the traditional kindergarten average 2,689
daily membership, and in the case of any urban district, 2,690
deducting one-fourth of the all-day and extended kindergarten 2,691
average daily membership and one-half of the traditional
kindergarten average daily membership; and adding one-fourth of 2,693
the pupils residing in the district and attending a joint 2,694
vocational school.
(B) "Per pupil" means the amount to which the term refers 2,696
divided by the district's ADM for the fiscal year for which the 2,697
amount was computed. 2,698
(C) "Taxes charged and payable" means the taxes charged 2,700
and payable against real and public utility property after making 2,701
the reduction required by section 319.301 of the Revised Code, 2,702
plus the taxes levied against tangible personal property. 2,703
(D) Except as provided in division (B)(2) of section 2,705
3317.022 of the Revised Code, "total taxable value" means the sum 2,706
of the amounts certified for a city, local, exempted village, or 2,707
joint vocational school district under divisions (A)(1) and (2) 2,708
62
of section 3317.021 of the Revised Code. 2,709
(E)(1) "Cost-of-doing-business factor" means the amount 2,712
indicated in this division for the county in which the district 2,713
is located, adjusted in accordance with division (E)(2) of this 2,715
section. If the district is located in more than one county, the 2,716
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 2,717
COST-OF-DOING-BUSINESS 2,719
COUNTY FACTOR AMOUNT 2,720
Adams 1.0100 2,724
Allen 1.0272 2,725
Ashland 1.0362 2,726
Ashtabula 1.0540 2,727
Athens 1.0040 2,728
Auglaize 1.0300 2,729
Belmont 1.0101 2,730
Brown 1.0218 2,731
Butler 1.0662 2,732
Carroll 1.0180 2,733
Champaign 1.0432 2,734
Clark 1.0489 2,735
Clermont 1.0498 2,736
Clinton 1.0287 2,737
Columbiana 1.0320 2,738
Coshocton 1.0224 2,739
Crawford 1.0174 2,740
Cuyahoga 1.0725 2,741
Darke 1.0360 2,742
Defiance 1.0214 2,743
Delaware 1.0512 2,744
Erie 1.0414 2,745
Fairfield 1.0383 2,746
Fayette 1.0281 2,747
Franklin 1.0548 2,748
63
Fulton 1.0382 2,749
Gallia 1.0000 2,750
Geauga 1.0608 2,751
Greene 1.0418 2,752
Guernsey 1.0091 2,753
Hamilton 1.0750 2,754
Hancock 1.0270 2,755
Hardin 1.0384 2,756
Harrison 1.0111 2,757
Henry 1.0389 2,758
Highland 1.0177 2,759
Hocking 1.0164 2,760
Holmes 1.0275 2,761
Huron 1.0348 2,762
Jackson 1.0176 2,763
Jefferson 1.0090 2,764
Knox 1.0276 2,765
Lake 1.0627 2,766
Lawrence 1.0154 2,767
Licking 1.0418 2,768
Logan 1.0376 2,769
Lorain 1.0573 2,770
Lucas 1.0449 2,771
Madison 1.0475 2,772
Mahoning 1.0465 2,773
Marion 1.0289 2,774
Medina 1.0656 2,775
Meigs 1.0016 2,776
Mercer 1.0209 2,777
Miami 1.0456 2,778
Monroe 1.0152 2,779
Montgomery 1.0484 2,780
Morgan 1.0168 2,781
Morrow 1.0293 2,782
64
Muskingum 1.0194 2,783
Noble 1.0150 2,784
Ottawa 1.0529 2,785
Paulding 1.0216 2,786
Perry 1.0185 2,787
Pickaway 1.0350 2,788
Pike 1.0146 2,789
Portage 1.0595 2,790
Preble 1.0523 2,791
Putnam 1.0308 2,792
Richland 1.0232 2,793
Ross 1.0111 2,794
Sandusky 1.0361 2,795
Scioto 1.0082 2,796
Seneca 1.0265 2,797
Shelby 1.0274 2,798
Stark 1.0330 2,799
Summit 1.0642 2,800
Trumbull 1.0465 2,801
Tuscarawas 1.0109 2,802
Union 1.0488 2,803
Van Wert 1.0181 2,804
Vinton 1.0065 2,805
Warren 1.0678 2,806
Washington 1.0124 2,807
Wayne 1.0446 2,808
Williams 1.0316 2,809
Wood 1.0431 2,810
Wyandot 1.0227 2,811
(2) As used in this division, "multiplier" means the 2,814
number for the corresponding fiscal year as follows: 2,815
FISCAL YEAR OF THE 2,817
COMPUTATION MULTIPLIER 2,818
1998 9.6/7.5 2,820
65
1999 10.3/7.5 2,821
2000 11.0/7.5 2,822
2001 11.7/7.5 2,823
2002 12.4/7.5 2,824
2003 13.1/7.5 2,825
2004 13.8/7.5 2,826
2005 14.5/7.5 2,827
2006 15.2/7.5 2,828
2007 15.9/7.5 2,829
2008 16.6/7.5 2,830
2009 17.3/7.5 2,831
2010 and thereafter 18.0/7.5 2,832
Beginning in fiscal year 1998, the department shall 2,835
annually adjust the cost-of-doing-business factor for each county 2,836
in accordance with the following formula: 2,837
[(The cost-of-doing-business factor specified under 2,839
division (E)(1) of this section - 1) X (the multiplier 2,840
for the fiscal year of the calculation){ < + 1 2,841
The result of such formula shall be the adjusted 2,843
cost-of-doing-business factor for that fiscal year. 2,844
(F) "Tax exempt value" of a school district means the 2,846
amount certified for a school district under division (A)(4) of 2,847
section 3317.021 of the Revised Code. 2,848
(G) "Potential value" of a school district means the 2,850
adjusted total taxable value of a school district plus the tax 2,851
exempt value of the district. 2,852
(H) "District median income" means the median Ohio 2,854
adjusted gross income certified for a school district. On or 2,855
before the first day of July of each year, the tax commissioner 2,856
shall certify to the department of education for each city, 2,857
exempted village, and local school district the median Ohio 2,858
adjusted gross income of the residents of the school district 2,859
determined on the basis of tax returns filed for the second 2,860
preceding tax year by the residents of the district.
66
(I) "Statewide median income" means the median district 2,862
median income of all city, exempted village, and local school 2,863
districts in the state.
(J) "Income factor" for a city, exempted village, or local 2,865
school district means the quotient obtained by dividing that 2,866
district's median income by the statewide median income. 2,867
(K) "Valuation per pupil" for a city, exempted village, or 2,869
local school district means the district's recognized valuation 2,870
divided by the district's ADM. 2,871
(L) "Adjusted valuation per pupil" means the amount 2,873
calculated in accordance with the following formula: 2,874
District valuation per pupil - [$60,000 X 2,876
(1 - district income factor){ < 2,877
If the result of such formula is negative, the adjusted 2,879
valuation per pupil shall be zero. 2,880
(M) "Adjusted total taxable value" means one of the 2,882
following:
(1) In any fiscal year that a district's income factor is 2,884
less than or equal to one, the product obtained by multiplying 2,886
the district's adjusted valuation per pupil by the district's ADM 2,887
except that the adjusted total taxable value for such a district 2,888
in fiscal years 1998 through 2009 shall be recalculated in 2,889
accordance with the following formula: 2,890
(Adjusted total taxable value X multiple) + 2,892
[recognized valuation X (1 - multiple){ < 2,893
(2) In any fiscal year that a district's income factor is 2,895
greater than one, the product obtained by multiplying the 2,896
district's adjusted valuation per pupil by the district's ADM, 2,897
except that the adjusted total taxable value for such a district 2,898
in that fiscal year shall be recalculated in accordance with the 2,899
following formula:
(Adjusted total taxable value X 2/15) 2,900
+ (recognized valuation X 13/15) 2,901
(N) "Multiple" means the number for the corresponding 2,903
67
fiscal year as follows: 2,904
FISCAL YEAR OF THE 2,906
COMPUTATION MULTIPLE 2,907
1998 1/5 2,909
1999 4/15 2,910
2000 1/3 2,911
2001 2/5 2,912
2002 7/15 2,913
2003 8/15 2,914
2004 3/5 2,915
2005 2/3 2,916
2006 11/15 2,917
2007 4/5 2,918
2008 13/15 2,919
2009 14/15 2,920
(O) "Urban school district" means a school district, OTHER 2,923
THAN A BIG EIGHT SCHOOL DISTRICT, that in fiscal year 1997 met 2,924
either of the following conditions: 2,925
(1) Had a percentage of children residing in the district 2,927
and receiving aid to dependent children PARTICIPATING IN OHIO 2,929
WORKS FIRST greater than fifteen and one-half per cent, as 2,930
reported pursuant to section 3317.10 of the Revised Code, and had 2,931
an average daily membership greater than five thousand five 2,932
hundred, as reported pursuant to division (A) of section 3317.03 2,933
of the Revised Code;
(2) Had a percentage of children residing in the district 2,936
and receiving aid to dependent children PARTICIPATING IN OHIO 2,937
WORKS FIRST greater than five per cent, as reported pursuant to 2,938
section 3317.10 of the Revised Code, and had an average daily
membership greater than twelve thousand, as reported pursuant to 2,939
division (A) of section 3317.03 of the Revised Code. 2,940
(P) "Big eight school district" means a school district 2,942
that for fiscal year 1997 had a percentage of children residing 2,943
in the district and receiving aid to dependent children 2,944
68
PARTICIPATING IN OHIO WORKS FIRST greater than thirty per cent, 2,946
as reported pursuant to section 3317.10 of the Revised Code, and
had an average daily membership greater than twelve thousand, as 2,947
reported pursuant to division (A) of section 3317.03 of the 2,948
Revised Code.
(Q) "All-day kindergarten" means a kindergarten class that 2,950
is in session five days per week for not less than the same 2,951
number of clock hours each day as for pupils in grades one 2,952
through six.
(R) "Extended kindergarten" means a kindergarten class 2,954
that is in session five days per week for not less than one hour 2,955
longer each day than the number of clock hours required for 2,956
kindergarten by the minimum standards adopted under section 2,957
3301.07 of the Revised Code.
(S) "Traditional kindergarten" means kindergarten that is 2,959
neither all-day kindergarten nor extended kindergarten. 2,960
(T) "Recognized valuation" means the amount calculated for 2,962
a school district pursuant to section 3317.015 of the Revised 2,963
Code.
(U) "DISADVANTAGED RURAL SCHOOL DISTRICT" MEANS ANY OF THE 2,965
RURAL SCHOOL DISTRICTS WITH THE LOWEST SOCIOECONOMIC STATUS, AS 2,966
DETERMINED BY THE DEPARTMENT OF EDUCATION. 2,967
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 2,977
the Revised Code, the amounts required to be paid to a district 2,978
under that section shall be adjusted by the amount of the 2,979
computations made under divisions (B) to (L) of this section. 2,980
As used in this section: 2,982
(1) "Classroom teacher" means a licensed employee who 2,984
provides direct instruction to pupils, excluding teachers funded 2,985
from money paid to the district from federal sources; educational 2,986
service personnel; and vocational and special education teachers. 2,987
(2) "Educational service personnel" shall not include such 2,989
specialists funded from money paid to the district from federal 2,990
sources or assigned full-time to vocational or special education 2,991
69
students and classes and may only include those persons employed 2,992
in the eight specialist areas in a pattern approved by the 2,993
department of education under guidelines established by the state 2,994
board of education. 2,995
(3) "Annual salary" means the annual base salary stated in 2,997
the state minimum salary schedule for the performance of the 2,998
teacher's regular teaching duties that the teacher earns for 2,999
services rendered for the first full week of October of the 3,000
fiscal year for which the adjustment is made under division (D) 3,001
of this section. It shall not include any salary payments for 3,002
supplemental teachers contracts. 3,003
(4) As used in division (B) of this section, "average 3,005
daily membership" means the three-year average number of pupils 3,006
in grades one through twelve plus one-half the kindergarten 3,007
average daily membership certified under section 3317.03 of the 3,008
Revised Code for the current and preceding two fiscal years, 3,009
except that:
(a) In IN the case of a AN URBAN, big eight, OR 3,012
DISADVANTAGED RURAL SCHOOL district, "average daily membership" 3,013
means the three-year average number of pupils in grades one
through twelve, plus the three-year average number of pupils in 3,014
all-day kindergarten, plus three-fourths of the three-year 3,015
average number of pupils in extended kindergarten, plus one-half 3,016
of the three-year average number of pupils in traditional 3,017
kindergarten, all AS certified under division (A) of that section 3,018
for the current and preceding two fiscal years;
(b) In the case of an urban district, "average daily 3,020
membership" means the three-year average number of pupils in 3,021
grades one through twelve, plus three-fourths of the three-year 3,023
average number of pupils in all-day or extended kindergarten, 3,024
plus one-half of the three-year average number of pupils in
traditional kindergarten, all as certified under division (A) of 3,026
that section for the current and preceding two fiscal years. 3,027
(5) As used in division (B) of this section, "per cent 3,030
70
figure" means a school district's three-year average number of 3,031
children participating in Ohio works first (OWF) under Chapter 3,032
5107. of the Revised Code divided by the average daily 3,033
membership, multiplied by one hundred. 3,034
(6) As used in divisions (A)(5) and (B) of this section, 3,037
"aid to dependent children" and "ADC" mean: 3,038
(a) Aid provided under Chapter 5107. of the Revised Code 3,041
prior to October 1, 1996;
(b) Cash assistance provided on or after October 1, 1996, 3,044
under a state program operated pursuant to Title IV-A of the 3,045
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as 3,046
amended, regardless of the name used to designate that 3,047
assistance.
(B)(1)(a) If the three-year average of the number of 3,049
children ages five to seventeen residing in the district and 3,050
living in a family participating in Ohio works first, as 3,051
certified or adjusted under section 3317.10 of the Revised Code 3,052
for the current and preceding two fiscal years, is equal to five 3,054
per cent or more of the number of pupils in the average daily
membership, add the amount computed for the district in 3,055
accordance with the following schedule, as adjusted by division 3,056
(B)(1)(b) of this section:
THREE-YEAR AVERAGE NUMBER OF 3,058
OWF CHILDREN DIVIDED BY PAYMENT PER OWF CHILD IN 3,059
THE AVERAGE DAILY MEMBERSHIP THE THREE-YEAR AVERAGE 3,061
At least 5%, but less than 10% $198.00 OWF 3,065
At least 10%, but less than 20% ($101.50 x per cent 3,068
figure) minus $817.00 3,069
OWF
At least 20%, but less than 30% ($7.50 x per cent 3,071
figure) plus $1,063.00 3,072
OWF
At least 30% $1,288.00 OWF 3,074
(b) In fiscal year 1998, for school districts with a per 3,078
71
cent figure of at least five, increase the amount determined 3,079
under division (B)(1)(a) of this section by four per cent. In 3,080
fiscal year 1999, determine the per-ADC-child PER-OWF-CHILD 3,081
amount the district would have received in fiscal year 1998 under 3,082
divisions (B)(1)(a) and (b) of this section, based on its per 3,083
cent figure for fiscal year 1999, and increase that amount by 3,084
five per cent.
(2) If in any year the sum of the additions made under 3,086
this division is less than ninety-seven per cent of the amount 3,087
appropriated for this division for that year, the department of 3,088
education shall increase the amount added for each district under 3,089
this division. The amount so added for each district shall equal 3,090
(1) the difference between ninety-seven per cent of the amount 3,091
appropriated and the total amount of the additions prior to such 3,092
increase, times (2) the percentage that the amount added for the 3,093
district prior to the increase was of the total of such amount 3,094
added for all districts. 3,095
(3) Except as provided in division (B)(4) of this section, 3,097
a district shall expend at least seventy per cent of any addition 3,099
received under this division for any of the following: 3,100
(a) The purchase of technology for instructional purposes; 3,103
(b) All-day kindergarten; 3,105
(c) Reduction of class sizes; 3,107
(d) Summer school remediation or other remedial programs; 3,109
(e) Dropout prevention programs; 3,111
(f) Guaranteeing that all third graders are ready to 3,113
progress to more advanced work; 3,114
(g) Summer education and work programs; 3,116
(h) Adolescent pregnancy programs; 3,118
(i) Head start or preschool programs; 3,120
(j) Reading improvement programs described by the 3,122
department of education; 3,123
(k) Programs designed to ensure that schools are free of 3,125
drugs and violence and have a disciplined environment conducive 3,126
72
to learning; 3,127
(l) Furnishing free of charge materials used in courses of 3,129
instruction, except for the necessary textbooks required to be 3,130
furnished without charge pursuant to section 3329.06 of the 3,131
Revised Code, to pupils living in families participating in Ohio 3,132
works first in accordance with section 3313.642 of the Revised 3,133
Code;
(m) School breakfasts provided pursuant to section 3,135
3313.813 of the Revised Code. 3,136
(4) Except as provided in division (B) of section 3,138
3301.0719 of the Revised Code, each at-risk school district, as 3,139
defined in division (A)(3)(2) of section 3301.0719 of the Revised 3,141
Code, that receives at least three hundred thousand dollars under
divisions (B)(1) and (2) of this section shall expend at least 3,142
one-tenth of the amount described in division (B)(3) of this 3,143
section for either all-day kindergarten classes with a student 3,144
teacher ratio of fifteen to one or for reduction of class sizes 3,145
in grades kindergarten to four to a fifteen to one student 3,146
teacher ratio, or both. Such districts shall also expend such 3,147
funds to provide training for teachers participating in such 3,148
programs on an ongoing basis, including at least six days of 3,149
training each school year. Amounts expended for all-day 3,150
kindergarten under this section shall only be expended to provide 3,151
additional all-day kindergarten classes not in existence on July 3,152
26, 1991. Upon the request of a board of education, the state 3,153
board of education may grant an exemption from the requirement of 3,154
division (B)(4) of this section if the district board satisfies 3,155
the state board that the district has insufficient physical 3,156
facilities to implement this requirement. 3,157
(5) Each district shall maintain the portion required to 3,159
be spent under division (B)(3) of this section in a separate 3,160
district account. Each district shall submit to the department, 3,161
in such format and at such time as the department shall specify, 3,162
a report on the programs for which it expended funds under this 3,163
73
division. 3,164
(C) If the district employs less than one full-time 3,166
equivalent classroom teacher for each twenty-five pupils in ADM 3,167
in any school district, deduct the sum of the amounts obtained 3,168
from the following computations: 3,169
(1) Divide the number of the district's full-time 3,171
equivalent classroom teachers employed by one twenty-fifth; 3,172
(2) Subtract the quotient in (1) from the district's ADM; 3,174
(3) Multiply the difference in (2) by seven hundred 3,176
fifty-two dollars. 3,177
(D) If a positive amount, add one-half of the amount 3,179
obtained by multiplying the number of full-time equivalent 3,180
classroom teachers by: 3,181
(1) The mean annual salary of all full-time equivalent 3,183
classroom teachers employed by the district at their respective 3,184
training and experience levels minus; 3,185
(2) The mean annual salary of all such teachers at their 3,187
respective levels in all school districts receiving payments 3,188
under this section. 3,189
The number of full-time equivalent classroom teachers used 3,191
in this computation shall not exceed one twenty-fifth of the 3,192
district's ADM. In calculating the district's mean salary under 3,193
this division, those full-time equivalent classroom teachers with 3,194
the highest training level shall be counted first, those with the 3,195
next highest training level second, and so on, in descending 3,196
order. Within the respective training levels, teachers with the 3,197
highest years of service shall be counted first, the next highest 3,198
years of service second, and so on, in descending order. 3,199
(E) This division does not apply to a school district that 3,201
has entered into an agreement under division (A) of section 3,202
3313.42 of the Revised Code. Deduct the amount obtained from the 3,203
following computations if the district employs fewer than five 3,204
full-time equivalent educational service personnel, including 3,205
elementary school art, music, and physical education teachers, 3,206
74
counselors, librarians, visiting teachers, school social workers, 3,207
and school nurses for each one thousand pupils in ADM: 3,208
(1) Divide the number of full-time equivalent educational 3,210
service personnel employed by the district by five 3,211
one-thousandths; 3,212
(2) Subtract the quotient in (1) from the district's ADM; 3,214
(3) Multiply the difference in (2) by ninety-four dollars. 3,216
(F) If a local school district, or a city or exempted 3,218
village school district to which a governing board of an 3,220
educational service center provides services pursuant to section 3,221
3313.843 of the Revised Code, deduct the amount of the payment 3,222
required for the reimbursement of the governing board under 3,224
section 3317.11 of the Revised Code. 3,225
(G)(1) If the district is required to pay to or entitled 3,227
to receive tuition from another school district under division 3,228
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 3,229
Revised Code, or if the superintendent of public instruction is 3,230
required to determine the correct amount of tuition and make a 3,231
deduction or credit under section 3317.08 of the Revised Code, 3,232
deduct and credit such amounts as provided in division (I) of 3,233
section 3313.64 or section 3317.08 of the Revised Code. 3,234
(2) For each child for whom the district is responsible 3,236
for tuition under division (A)(1) of section 3317.082 or under 3,237
division (B)(1) of section 3323.091 of the Revised Code, deduct 3,238
the amount of tuition for which the district is responsible. 3,239
(H) If the district has been certified by the 3,241
superintendent of public instruction under section 3313.90 of the 3,242
Revised Code as not in compliance with the requirements of that 3,243
section, deduct an amount equal to ten per cent of the amount 3,244
computed for the district under section 3317.022 of the Revised 3,245
Code. 3,246
(I) If the amount computed by the department of education 3,248
under division (I)(1) of this section is less than the amount 3,249
computed under division (I)(2) of this section, add an amount 3,250
75
equal to the result obtained by subtracting the amount computed 3,251
under division (I)(1) from the amount computed under division 3,252
(I)(2) of this section. 3,253
The department of education shall compute both of the 3,255
following for each district: 3,256
(1) The sum of the amounts computed for the district under 3,258
section 3317.022 and division (N) of section 3317.024 of the 3,259
Revised Code for units approved under division (B) of section 3,260
3317.05 of the Revised Code. 3,261
(2) The amount the district would be entitled to receive 3,263
under section 3317.022 of the Revised Code if the ADM used in the 3,264
computation required by that section included the number of 3,265
full-time equivalent pupils enrolled in the units for handicapped 3,266
children approved under division (B) of section 3317.05 of the 3,267
Revised Code that are used to make the computation required by 3,268
division (N)(1)(a) of section 3317.024 of the Revised Code. 3,269
(J) If the district has received a loan from a commercial 3,271
lending institution for which payments are made by the 3,272
superintendent of public instruction pursuant to division (E)(3) 3,273
of section 3313.483 of the Revised Code, deduct an amount equal 3,274
to such payments. 3,275
(K)(1) If the district is a party to an agreement entered 3,277
into under division (D), (E), or (F) of section 3311.06 or 3,278
division (B) of section 3311.24 of the Revised Code and is 3,279
obligated to make payments to another district under such an 3,280
agreement, deduct an amount equal to such payments if the 3,281
district school board notifies the department in writing that it 3,282
wishes to have such payments deducted. 3,283
(2) If the district is entitled to receive payments from 3,285
another district that has notified the department to deduct such 3,286
payments under division (K)(1) of this section, add the amount of 3,287
such payments. 3,288
(L) If the district is required to pay an amount of funds 3,290
to a cooperative education district pursuant to a provision 3,291
76
described by division (B)(4) of section 3311.52 or division 3,292
(B)(8) of section 3311.521 of the Revised Code, deduct such 3,293
amounts as provided under that provision and credit those amounts 3,294
to the cooperative education district for payment to the district 3,295
under division (B)(1) of section 3317.19 of the Revised Code. 3,296
Sec. 3317.08. As used in this section, "urban SCHOOL 3,305
district," "big eight SCHOOL district," "DISADVANTAGED RURAL 3,306
SCHOOL DISTRICT," "all-day kindergarten," "extended 3,307
kindergarten," and "traditional kindergarten" have the same 3,308
meanings as in section 3317.02 of the Revised Code. 3,309
A board of education may admit to its schools a child it is 3,312
not required by section 3313.64 or 3313.65 of the Revised Code to 3,313
admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed 3,315
in accordance with this section. A district's tuition charge for 3,316
a school year shall be one of the following: 3,317
(A) For any child, except a handicapped preschool child 3,319
described in division (B) of this section, the quotient obtained 3,320
by dividing the sum of the amounts described in divisions (A)(1) 3,321
and (2) of this section by the amount described in division 3,322
(A)(3) of this section. 3,323
(1) The district's total taxes charged and payable for 3,325
current expenses for the tax year preceding the tax year in which 3,326
the school year begins as certified under division (A)(3) of 3,327
section 3317.021 of the Revised Code. 3,328
(2) The district's total taxes collected for current 3,330
expenses under a school district income tax adopted pursuant to 3,331
section 5748.03 or 5748.08 of the Revised Code that are disbursed 3,333
to the district during the fiscal year. On or before the first 3,334
day of June of each year, the tax commissioner shall certify the 3,335
amount to be used in the calculation under this division for the 3,336
next fiscal year to the department of education for each city, 3,337
local, and exempted village school district that levies a school 3,338
district income tax. 3,339
77
(3) The district's average daily membership: 3,341
(a) Minus, in the case of a school district other than an 3,343
urban district or, big eight, OR DISADVANTAGED RURAL SCHOOL 3,345
district, one-half the kindergarten average daily membership 3,346
certified pursuant to section 3317.03 of the Revised Code for the 3,347
preceding school year;
(b) Minus, in the case of a AN URBAN, big eight, OR 3,350
DISADVANTAGED RURAL SCHOOL district, one-fourth of the extended 3,351
kindergarten average daily membership and one-half of the
traditional kindergarten average daily membership certified 3,352
pursuant to section 3317.03 of the Revised Code; 3,353
(c) Minus, in the case of an urban district, one-fourth of 3,355
the all-day kindergarten average daily membership, one-fourth of 3,356
the extended kindergarten average daily membership, and one-half 3,357
of the traditional kindergarten average daily membership 3,359
certified pursuant to section 3317.03 of the Revised Code.
(B) For any handicapped preschool child not included in a 3,361
unit approved under division (E) of section 3317.05 of the 3,362
Revised Code, an amount computed for the school year as follows: 3,363
(1) For each type of special education service provided to 3,365
the child for whom tuition is being calculated, determine the 3,366
amount of the district's operating expenses in providing that 3,367
type of service to all handicapped preschool children not 3,368
included in units approved under division (E) of section 3317.05 3,369
of the Revised Code; 3,370
(2) For each type of special education service for which 3,372
operating expenses are determined under division (B)(1) of this 3,373
section, determine the amount of such operating expenses that was 3,374
paid from any state funds received under this chapter; 3,375
(3) For each type of special education service for which 3,377
operating expenses are determined under division (B)(1) of this 3,378
section, divide the difference between the amount determined 3,379
under division (B)(1) of this section and the amount determined 3,380
under division (B)(2) of this section by the total number of 3,381
78
handicapped preschool children not included in units approved 3,382
under division (E) of section 3317.05 of the Revised Code who 3,383
received that type of service; 3,384
(4) Determine the sum of the quotients obtained under 3,386
division (B)(3) of this section for all types of special 3,387
education services provided to the child for whom tuition is 3,388
being calculated. 3,389
The state board of education shall adopt rules defining the 3,391
types of special education services and specifying the operating 3,392
expenses to be used in the computation under this section. 3,393
If any child for whom a tuition charge is computed under 3,395
this section for any school year is enrolled in a district for 3,396
only part of that school year, the amount of the district's 3,397
tuition charge for the child for the school year shall be 3,398
computed in proportion to the number of school days the child is 3,399
enrolled in the district during the school year. 3,400
Except as otherwise provided in division (I) of section 3,402
3313.64 of the Revised Code, whenever a district admits a child 3,403
to its schools for whom tuition computed in accordance with this 3,404
section is an obligation of another school district, the amount 3,405
of the tuition shall be certified by the treasurer of the board 3,406
of education of the district of attendance, to the board of 3,407
education of the district required to pay tuition for its 3,408
approval and payment. If agreement as to the amount payable or 3,409
the district required to pay the tuition cannot be reached, or 3,410
the board of education of the district required to pay the 3,411
tuition refuses to pay that amount, the board of education of the 3,412
district of attendance shall notify the superintendent of public 3,413
instruction. The superintendent shall determine the correct 3,414
amount and the district required to pay the tuition and shall 3,415
deduct that amount, if any, under division (G) of section 3,416
3317.023 of the Revised Code, from the district required to pay 3,417
the tuition and add that amount to the amount allocated to the 3,418
district attended under such division. The superintendent of 3,419
79
public instruction shall send to the district required to pay the 3,420
tuition an itemized statement showing such deductions at the time 3,421
of such deduction. 3,422
When a political subdivision owns and operates an airport, 3,424
welfare, or correctional institution or other project or facility 3,425
outside its corporate limits, the territory within which the 3,426
facility is located is exempt from taxation by the school 3,427
district within which such territory is located, and there are 3,428
school age children residing within such territory, the political 3,429
subdivision owning such tax exempt territory shall pay tuition to 3,430
the district in which such children attend school. The tuition 3,431
for these children shall be computed as provided for in this 3,432
section. 3,433
Section 10. That existing sections 3317.02, 3317.023, and 3,435
3317.08 of the Revised Code are hereby repealed. 3,436
Section 11. Section 3317.023 of the Revised Code is 3,438
presented in this act as a composite of the section as amended by 3,439
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 3,440
Assembly, with the new language of neither of the acts shown in 3,442
capital letters. This is in recognition of the principle stated 3,443
in division (B) of section 1.52 of the Revised Code that such 3,444
amendments are to be harmonized where not substantively 3,445
irreconcilable and constitutes a legislative finding that such is 3,446
the resulting version in effect prior to the effective date of 3,447
this act.
Section 12. It is the intention of the General Assembly 3,450
that the Department of Education, when determining which rural 3,451
school districts qualify as "disadvantaged rural school 3,452
districts" for purposes of sections 3317.02, 3317.023, and 3,453
3317.08 of the Revised Code as amended by this act, employ 3,454
criteria substantially similar to those in its District Typology 3,455
dated June 7, 1996. 3,456
Section 13. As used in this section, "urban school 3,458
district" and "disadvantaged rural school district" have the same 3,459
80
meanings as in section 3317.02 of the Revised Code as amended by 3,460
this act.
Notwithstanding the changes made by this act to the 3,462
provisions for determining a district's average daily membership 3,463
under sections 3317.02, 3317.023, and 3317.08 of the Revised 3,464
Code:
(A) For fiscal year 1999, urban school districts shall 3,466
determine their average daily membership under those sections in 3,467
accordance with the versions of those sections as amended by Am. 3,468
Sub. H.B. 215 of the 122nd General Assembly. Thereafter, urban 3,469
school districts shall determine average daily membership as 3,470
provided in sections 3317.02, 3317.023, and 3317.08 of the 3,471
Revised Code, as amended by this act. 3,472
(B) For fiscal year 1999, rural disadvantaged school 3,474
districts shall determine their average daily membership under 3,475
those sections in the same manner as urban school districts in 3,476
that fiscal year. Thereafter, rural disadvantaged school 3,477
districts shall determine average daily membership as provided in 3,478
sections 3317.02, 3317.023, and 3317.08 of the Revised Code, as 3,479
amended by this act. 3,480
Section 14. Pursuant to Section 26, Article II, of the 3,482
Ohio Constitution, Sections 9 through 14 of this act shall take 3,483
effect on July 1, 1998, but only if there is approval by a 3,484
majority of the electors voting on the provisions of Section 14, 3,485
Article XII, of the Ohio Constitution, as proposed to the voters 3,486
on November 4, 1997, and only if such section, as approved, 3,487
imposes a one cent sales tax and provides for the proceeds of 3,488
that tax to be deposited into the School Trust Fund.
Section 15. Nothing in this act shall be construed as 3,490
approving the standards or competencies as proposed by the State 3,491
Board of Education in May of 1997.