As Introduced 1 123rd General Assembly 4 Regular Session H.B. No. 1 5 1999-2000 6 REPRESENTATIVES BRADING-GARDNER-COUGHLIN-OPFER-HOLLISTER- 8 WINKLER-CALLENDER-METZGER-HARTNETT-LOGAN-JERSE-CAREY- 9 TAYLOR-O'BRIEN-ALLEN-HARRIS-WILSON-BATEMAN-VESPER-MYERS- 10 EVANS-STAPLETON-KREBS-MEAD-TIBERI-PERZ-TRAKAS- 11 OLMAN-KILBANE-THOMAS-CALVERT-SCHULER-HOOPS-CORBIN- 12 GOODMAN-HOUSEHOLDER-WOMER BENJAMIN-AMSTUTZ-CORE- 13 CATES-MOTTLEY-JOLIVETTE-PADGETT-DAMSCHRODER- 14 BUEHRER-HAINES-SCHURING-WILLAMOWSKI-WILLIAMS-AUSTRIA- 15 ROMAN-CLANCY-BUCHY-SALERNO-HOOD-YOUNG-VAN VYVEN- 16 JACOBSON-NETZLEY-TERWILLEGER-KRUPINSKI-BARRETT- 17 JONES-SCHUCK-BENDER-GRENDELL-BOYD-OGG-PATTON 18 19 A B I L L To enact sections 121.401, 3301.85, 3301.86, 21 3301.90, 3301.91, 3301.92, and 3333.71 to 3333.74 22 of the Revised Code to implement the OhioReads initiative through the creation of classroom and 23 community reading grants, to establish the Ohio 24 Schools Best Practices Center, the OhioReads 25 Office, and the OhioReads Council; to abolish the 26 Council on July 1, 2004, by repealing sections 3301.90, 3301.91, and 3301.92 of the Revised Code 27 on that date; and to make appropriations. 28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30 Section 1. That sections 121.401, 3301.85, 3301.86, 32 3301.90, 3301.91, 3301.92, 3333.71, 3333.72, 3333.73, and 3333.74 33 of the Revised Code be enacted to read as follows: 34 Sec. 121.401. THE OHIOREADS COMMUNITY READING GRANTS 36 PROGRAM IS HEREBY ESTABLISHED. THE DEPARTMENT OF AGING IS THE 37 2 FISCAL AGENT FOR THE PROGRAM. UNTIL JULY 1, 2004, THE DEPARTMENT 38 SHALL AWARD GRANTS IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED 39 BY THE OHIOREADS COUNCIL UNDER SECTION 3301.91 OF THE REVISED 41 CODE. Sec. 3301.85. THE OHIOREADS OFFICE IS HEREBY ESTABLISHED 44 WITHIN THE DEPARTMENT OF EDUCATION. THE OFFICE SHALL BE UNDER 45 THE SUPERVISION OF AN EXECUTIVE DIRECTOR, WHO SHALL BE APPOINTED 46 BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. THE 47 SUPERINTENDENT'S APPOINTMENT OF ANY PERSON TO THE POSITION OF 48 EXECUTIVE DIRECTOR PRIOR TO JULY 1, 2004, HOWEVER, IS SUBJECT TO 50 THE ADVICE AND CONSENT OF THE OHIOREADS COUNCIL. THE EXECUTIVE 52 DIRECTOR SHALL SERVE AT THE PLEASURE OF THE SUPERINTENDENT. THE 53 SUPERINTENDENT MAY HIRE ADDITIONAL STAFF FOR THE OFFICE. 54 Sec. 3301.86. THE OHIOREADS CLASSROOM READING GRANTS 58 PROGRAM IS HEREBY ESTABLISHED. THE OHIOREADS OFFICE IS THE 60 FISCAL AGENT FOR THE PROGRAM AND SHALL AWARD GRANTS UNDER THE 61 PROGRAM. UNTIL JULY 1, 2004, THE OFFICE SHALL AWARD THE GRANTS 63 IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED BY THE OHIOREADS 65 COUNCIL UNDER SECTION 3301.91 OF THE REVISED CODE. 68 Sec. 3301.90. THE OHIOREADS COUNCIL IS HEREBY ESTABLISHED. 71 THE COUNCIL SHALL CONSIST OF SEVEN MEMBERS, AS FOLLOWS: 72 (A) THREE PERSONS APPOINTED BY THE GOVERNOR, ONE OF WHOM 75 SHALL BE A READING TEACHER AND ONE OF WHOM SHALL REPRESENT A 76 COLLEGE OF EDUCATION IN THIS STATE; 77 (B) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES, APPOINTED 80 BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; 81 (C) ONE MEMBER OF THE SENATE, APPOINTED BY THE PRESIDENT 84 OF THE SENATE; (D) THE DIRECTOR OF BUDGET AND MANAGEMENT; 87 (E) THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 90 THE THREE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT 92 THE PLEASURE OF THE GOVERNOR. THE GOVERNOR SHALL APPOINT 93 SUCCESSORS TO FILL VACANCIES IN THE POSITIONS TO BE APPOINTED BY 94 THE GOVERNOR. THE LEGISLATIVE MEMBERS SHALL SERVE AT THE 95 3 PLEASURE OF THE APPOINTING OFFICIAL, BUT A LEGISLATIVE MEMBER WHO 97 CEASES TO BE A MEMBER OF THE LEGISLATIVE HOUSE FROM WHICH THE 98 MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COUNCIL. 99 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL FILL ANY 100 VACANCY IN THE POSITION OF THE MEMBER FROM THE HOUSE OF REPRESENTATIVES. THE PRESIDENT OF THE SENATE SHALL FILL ANY 101 VACANCY IN THE POSITION OF THE MEMBER FROM THE SENATE. 103 THE COUNCIL SHALL MEET AT LEAST TWICE EVERY MONTH TO 105 CONDUCT ITS BUSINESS. 106 THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. 108 Sec. 3301.91. (A) THE OHIOREADS COUNCIL'S 112 RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 113 (1) ADVISING AND CONSENTING TO THE SUPERINTENDENT OF 115 PUBLIC INSTRUCTION'S APPOINTMENTS TO THE POSITION OF EXECUTIVE 116 DIRECTOR OF THE OHIOREADS OFFICE; 117 (2) DEVELOPING A MODEL TO MONITOR AND EVALUATE THE 119 EFFECTIVENESS OF THE OHIOREADS INITIATIVE ESTABLISHED BY THIS 122 SECTION AND SECTIONS 121.401, 3301.86, AND 3333.74 OF THE REVISED 123 CODE AND CONDUCTING ANNUAL EVALUATIONS BEGINNING IN FISCAL YEAR 124 2002; 125 (3) DEVELOPING A STRATEGIC PLAN FOR RECRUITING, TRAINING, 127 AND PLACING VOLUNTEERS FOR THE OHIOREADS INITIATIVE; 130 (4) ESTABLISHING GUIDELINES FOR THE AWARDING OF CLASSROOM 132 READING GRANTS UNDER SECTION 3301.86 OF THE REVISED CODE AND 135 COMMUNITY READING GRANTS UNDER SECTION 121.401 OF THE REVISED 138 CODE, INCLUDING ELIGIBILITY CRITERIA, GRANT AMOUNTS, AND 139 ADMINISTRATIVE, PROGRAMMATIC, AND REPORTING REQUIREMENTS. 140 (B) IN PERFORMING ITS DUTIES, THE COUNCIL SHALL TO THE 143 EXTENT PRACTICABLE: (1) MAXIMIZE THE USE OF RESOURCES TO IMPROVE READING 145 OUTCOMES, ESPECIALLY THE FOURTH GRADE READING PROFICIENCY TEST 146 ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 3301.0710 OF THE 149 REVISED CODE; 150 (2) IDENTIFY AND MAXIMIZE RELEVANT FEDERAL AND STATE 152 4 RESOURCES TO LEVERAGE OHIOREADS RESOURCES AND RELATED PROGRAMS; 155 (3) FOCUS ON EARLY READING INTERVENTION STRATEGIES, 157 PROFESSIONAL DEVELOPMENT, AND PARENTAL INVOLVEMENT; 158 (4) GIVE PRIORITY TO PROGRAMS, INCLUDING PROGRAMS 160 PRIMARILY USING VOLUNTEERS, THAT HAVE BEEN REVIEWED BY THE 161 EDUCATION COMMISSION OF THE STATES AND RECOGNIZED AS PROMISING 162 EDUCATIONAL PRACTICES FOR ACCELERATING STUDENT ACHIEVEMENT. 164 Sec. 3301.92. THE OFFICE OF THE GOVERNOR SHALL PROVIDE THE 167 OHIOREADS COUNCIL WITH STAFF AND OTHER ADMINISTRATIVE SUPPORT. 169 Sec. 3333.71. PRIOR TO DECEMBER 31, 1999, THE GOVERNOR, 173 THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, AND THE 174 CHANCELLOR OF THE OHIO BOARD OF REGENTS SHALL CONDUCT A SEARCH FOR THE BEST LOCATION FOR THE ESTABLISHMENT OF AN OHIO SCHOOLS 176 BEST PRACTICES CENTER. THE LOCATION SELECTED SHALL BE ON THE 177 CAMPUS OF ONE OF THE STATE UNIVERSITIES NAMED IN SECTION 3345.011 178 OF THE REVISED CODE. 179 THE UNIVERSITY SELECTED UNDER THIS SECTION SHALL BE CHOSEN 181 ON A COMPETITIVE BASIS FROM AMONG THOSE UNIVERSITIES THAT APPLY 182 TO THE BOARD OF REGENTS TO HOUSE THE CENTER AND THAT DEMONSTRATE 183 THE ABILITY AND DESIRE TO MAINTAIN IT IN THE MANNER NECESSARY TO 184 ACCOMPLISH THE GOALS SPECIFIED IN SECTIONS 3333.72 AND 3333.74 OF 185 THE REVISED CODE. 186 Sec. 3333.72. THE OHIO SCHOOLS BEST PRACTICES CENTER IS 189 HEREBY ESTABLISHED AT THE STATE UNIVERSITY SELECTED THROUGH THE 190 PROCESS DESCRIBED IN SECTION 3333.71 OF THE REVISED CODE. 191 EMPLOYEES OF THE CENTER SHALL IDENTIFY THE BEST EDUCATIONAL 194 PRACTICES IN PRIMARY AND SECONDARY SCHOOLS AND ESTABLISH METHODS 195 FOR COMMUNICATING THESE PRACTICES TO OTHER SCHOOLS AND SCHOOL 196 DISTRICTS. IN ADDITION, CENTER EMPLOYEES SHALL PROVIDE TECHNICAL 197 ASSISTANCE TO SCHOOL DISTRICTS DESIRING TO REPLICATE BEST 198 EDUCATIONAL PRACTICES. 199 Sec. 3333.73. THE OHIO SCHOOLS BEST PRACTICES CENTER SHALL 202 BE OPERATED BY A BOARD OF DIRECTORS CONSISTING OF FIVE MEMBERS. 203 THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND TWO MEMBERS 204 5 SHALL BE APPOINTED BY THE BOARD OF TRUSTEES OF THE UNIVERSITY 205 HOUSING THE CENTER. IN MAKING APPOINTMENTS, THE GOVERNOR SHALL 206 ENSURE THAT AT LEAST ONE MEMBER IS A CLASSROOM TEACHER EMPLOYED 207 BY A SCHOOL DISTRICT IN THIS STATE AND THAT AT LEAST ONE MEMBER 208 IS THE PRINCIPAL OF A SCHOOL IN A DISTRICT IN THIS STATE. 209 VACANCIES SHALL BE FILLED BY THE APPOINTING AUTHORITY. ALL 210 APPOINTEES SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY. MEMBERS SHALL RECEIVE NO COMPENSATION. 211 THE BOARD SHALL HIRE AND FIX THE COMPENSATION OF AN 213 EXECUTIVE DIRECTOR OF THE CENTER WHO SHALL SERVE AT THE PLEASURE 214 OF THE BOARD. 215 Sec. 3333.74. WITHIN THE OHIO SCHOOLS BEST PRACTICES 218 CENTER SHALL BE THE OHIOREADS CLEARINGHOUSE, WHICH SHALL BE THE 221 REPOSITORY OF DOCUMENTS AND INFORMATION DESCRIBING THE BEST 222 EDUCATIONAL PRACTICES AND PROGRAMS FOR TEACHING AND IMPROVING 223 READING SKILLS IN THE STATE'S PRIMARY AND SECONDARY SCHOOLS. THE 224 CLEARINGHOUSE SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL 225 DISTRICTS DESIRING TO REPLICATE THESE READING PROGRAMS AND 226 TEACHING PRACTICES. Section 2. (A) Sections 3301.90, 3301.91, and 3301.92 of 228 the Revised Code are hereby repealed, effective July 1, 2004. 229 (B) The OhioReads Council is not subject to section 101.84 231 of the Revised Code. The Council expires on July 1, 2004, as 232 provided in division (A) of this section, and not on the date 233 otherwise prescribed by section 101.84 of the Revised Code. 234 (C) Not later than January 1, 2004, the Director of Budget 236 and Management shall submit a written recommendation to the 237 Governor, the Speaker of the House of Representatives, and the 238 President of the Senate of a governmental entity to assume the 240 duties of the OhioReads Council beginning July 1, 2004, if the 241 General Assembly does not continue the Council's existence. 242 Section 3. All appropriation items in this section are 244 hereby appropriated out of any moneys in the state treasury to 245 the credit of the General Revenue Fund. For all appropriations 246 6 made in this act, those in the first column are for fiscal year 247 2000 and those in the second column are for fiscal year 2001. 248 The appropriations made in this act are in addition to any other 249 appropriations made for the 1999-2001 biennium. 250 Section 4. AGE DEPARTMENT OF AGING 252 General Revenue Fund 254 GRF 490-507 OhioReads Community 256 Reading Grants $ 5,000,000 $ 5,000,000 259 TOTAL GRF General Revenue Fund $ 5,000,000 $ 5,000,000 262 TOTAL ALL BUDGET FUND GROUPS $ 5,000,000 $ 5,000,000 263 OhioReads Community Reading Grants 266 The foregoing appropriation item 490-507, OhioReads 268 Community Reading Grants, shall be used to make Community Reading 269 Grants under section 121.401 of the Revised Code. 270 Section 5. EDU DEPARTMENT OF EDUCATION 272 General Revenue Fund 274 GRF 200-566 OhioReads Classroom 276 Reading Grants $ 20,000,000 $ 20,000,000 279 TOTAL GRF General Revenue Fund $ 20,000,000 $ 20,000,000 282 TOTAL ALL BUDGET FUND GROUPS $ 20,000,000 $ 20,000,000 283 OhioReads Classroom Reading Grants 286 The foregoing appropriation item 200-566, OhioReads 288 Classroom Reading Grants, shall be used by the OhioReads Office 289 to make Classroom Reading Grants under section 3301.86 of the 290 Revised Code. 291 Section 6. Within the limits set forth in this act, the 293 Director of Budget and Management shall establish accounts 294 indicating the source and amount of funds for each appropriation 295 made in this act, and shall determine the form and manner in 296 which appropriation accounts shall be maintained. Expenditures 297 from appropriations contained in this act shall be accounted for 298 as though made in the main operating appropriations act of the 299 123rd General Assembly. 300 The appropriations made in this act are subject to all 302 7 provisions of the main operating appropriations act of the 123rd 303 General Assembly that are generally applicable to such 304 appropriations. Section 7. The codified and uncodified sections of law 306 contained in this act, and the items of law of which the codified 308 and uncodified sections of law contained in this act are 309 composed, are not subject to the referendum. Therefore, under 310 Ohio Constitution, Article II, Section 1d and section 1.471 of 311 the Revised Code, the codified and uncodified sections contained 312 in this act, and the items of law of which the codified and 313 uncodified sections of law contained in this act are composed, go 314 into immediate effect when this act becomes law. 315