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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
      (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          

                                                          14     

                                                                 
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.