As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 281    5            

      1999-2000                                                    6            


     REPRESENTATIVES HARTNETT-PRINGLE-D.MILLER-FORD-BRITTON-       8            

FLANNERY-OPFER-DePIERO-ALLEN-BENDER-BOYD-SULLIVAN-JONES- PETERSON  10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3313.64, 3317.02, 3321.01, and      13           

                3323.01 of the Revised Code to require a child     14           

                under the age of six who attends kindergarten to   15           

                be considered of compulsory school age.            16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 3313.64, 3317.02, 3321.01, and     20           

3323.01 of the Revised Code be amended to read as follows:         21           

      Sec. 3313.64.  (A)  As used in this section and in section   30           

3313.65 of the Revised Code:                                       31           

      (1)  "Parent" means either parent, unless the parents are    33           

separated or divorced or their marriage has been dissolved or      34           

annulled, in which case "parent" means the parent who is the       35           

residential parent and legal custodian of the child.  When a       36           

child is in the legal custody of a government agency or a person   37           

other than the child's natural or adoptive parent, "parent" means  38           

the parent with residual parental rights, privileges, and          39           

responsibilities.  When a child is in the permanent custody of a   40           

government agency or a person other than the child's natural or    41           

adoptive parent, "parent" means the parent who was divested of     42           

parental rights and responsibilities for the care of the child     43           

and the right to have the child live with the parent and be the    44           

legal custodian of the child and all residual parental rights,     46           

privileges, and responsibilities.                                  47           

      (2)  "Legal custody," "permanent custody," and "residual     49           

parental rights, privileges, and responsibilities" have the same   50           

                                                          2      


                                                                 
meanings as in section 2151.011 of the Revised Code.               51           

      (3)  "School district" or "district" means a city, local,    53           

or exempted village school district and excludes any school        54           

operated in an institution maintained by the department of youth   55           

services.                                                          56           

      (4)  Except as used in division (C)(2) of this section,      58           

"home" means a home, institution, family foster home, group home,  59           

or other residential facility in this state that receives and      60           

cares for children, to which any of the following applies:         61           

      (a)  The home is licensed, certified, or approved for such   63           

purpose by the state or is maintained by the department of youth   64           

services.                                                          65           

      (b)  The home is operated by a person who is licensed,       67           

certified, or approved by the state to operate the home for such   68           

purpose.                                                           69           

      (c)  The home accepted the child through a placement by a    71           

person licensed, certified, or approved to place a child in such   72           

a home by the state.                                               73           

      (d)  The home is a children's home created under section     75           

5153.21 or 5153.36 of the Revised Code.                            76           

      (5)  "Agency" means all of the following:                    78           

      (a)  A public children services agency;                      80           

      (b)  An organization that holds a certificate issued by the  82           

Ohio department of human services in accordance with the           83           

requirements of section 5103.03 of the Revised Code and assumes    84           

temporary or permanent custody of children through commitment,     85           

agreement, or surrender, and places children in family homes for   86           

the purpose of adoption;                                           87           

      (c)  Comparable agencies of other states or countries that   89           

have complied with applicable requirements of section 2151.39, or  90           

sections 5103.20 to 5103.28 of the Revised Code.                   91           

      (6)  A child is placed for adoption if either of the         93           

following occurs:                                                  94           

      (a)  An agency to which the child has been permanently       96           

                                                          3      


                                                                 
committed or surrendered enters into an agreement with a person    97           

pursuant to section 5103.06 of the Revised Code for the care and   98           

adoption of the child.                                             99           

      (b)  The child's natural parent places the child pursuant    101          

to section 5103.16 of the Revised Code with a person who will      102          

care for and adopt the child.                                      103          

      (7)  "Handicapped preschool child" means a handicapped       105          

child, as defined by division (A) of section 3323.01 of the        106          

Revised Code, who is at least three years of age but is not of     107          

compulsory school age, as defined in section 3321.01 of the        108          

Revised Code, and who has not entered kindergarten.                109          

      (8)  "Child," unless otherwise indicated, includes           111          

handicapped preschool children.                                    112          

      (B)  Except as otherwise provided in section 3321.01 of the  114          

Revised Code for admittance to kindergarten and first grade, a     115          

child who is at least five but under twenty-two years of age and   116          

any handicapped preschool child shall be admitted to school as     117          

provided in this division.                                         118          

      (1)  A child shall be admitted to the schools of the school  120          

district in which the child's parent resides.                      121          

      (2)  A child who does not reside in the district where the   124          

child's parent resides shall be admitted to the schools of the                  

district in which the child resides if any of the following        126          

applies:                                                                        

      (a)  The child is in the legal or permanent custody of a     128          

government agency or a person other than the child's natural or    130          

adoptive parent.                                                   131          

      (b)  The child resides in a home.                            133          

      (c)  The child requires special education.                   135          

      (3)  A child who is not entitled under division (B)(2) of    137          

this section to be admitted to the schools of the district where   138          

the child resides and who is residing with a resident of this      139          

state with whom the child has been placed for adoption shall be    141          

admitted to the schools of the district where the child resides    143          

                                                          4      


                                                                 
unless either of the following applies:                            144          

      (a)  The placement for adoption has been terminated.         146          

      (b)  Another school district is required to admit the child  148          

under division (B)(1) of this section.                             149          

      Division (B) of this section does not prohibit the board of  151          

education of a school district from placing a handicapped child    152          

who resides in the district in a special education program         153          

outside of the district or its schools in compliance with Chapter  154          

3323. of the Revised Code.                                         155          

      (C)  A district shall not charge tuition for children        157          

admitted under division (B)(1) or (3) of this section.  If the     158          

district admits a child under division (B)(2) of this section,     159          

tuition shall be paid to the district that admits the child as     160          

follows:                                                           161          

      (1)  If the child receives special education in accordance   163          

with Chapter 3323. of the Revised Code, tuition shall be paid in   164          

accordance with section 3323.091, 3323.13, 3323.14, or 3323.141    165          

of the Revised Code regardless of who has custody of the child or  166          

whether the child resides in a home.                               167          

      (2)  Except as otherwise provided in division (C)(2)(d) of   169          

this section, if the child is in the permanent or legal custody    170          

of a government agency or person other than the child's parent,    171          

tuition shall be paid by:                                          172          

      (a)  The district in which the child's parent resided at     174          

the time the court removed the child from home or at the time the  176          

court vested legal or permanent custody of the child in the                     

person or government agency, whichever occurred first; or          177          

      (b)  If the parent's residence at the time the court         179          

removed the child from home or placed the child in the legal or    181          

permanent custody of the person or government agency is unknown,                

tuition shall be paid by the district in which the child resided   182          

at the time the child was removed from home or placed in legal or  184          

permanent custody, whichever occurred first; or                                 

      (c)  If a school district cannot be established under        186          

                                                          5      


                                                                 
division (C)(2)(a) or (b) of this section, tuition shall be paid   187          

by the district determined as required by section 2151.357 of the  188          

Revised Code by the court at the time it vests custody of the      189          

child in the person or government agency.                          190          

      (d)  If at the time the court removed the child from home    193          

or vested legal or permanent custody of the child in the person    194          

or government agency, whichever occurred first, one parent was in  195          

a residential or correctional facility or a juvenile residential   196          

placement and the other parent, if living and not in such a        197          

facility or placement, was not known to reside in this state,      198          

tuition shall be paid by the district determined under division    199          

(D) of section 3313.65 of the Revised Code as the district         200          

required to pay any tuition while the parent was in such facility  201          

or placement.                                                                   

      (3)  If the child is not in the permanent or legal custody   203          

of a government agency or person other than the child's parent     205          

and the child resides in a home, tuition shall be paid by one of   206          

the following:                                                                  

      (a)  The school district in which the child's parent         208          

resides;                                                           209          

      (b)  If the child's parent is not a resident of this state,  211          

the home in which the child resides.                               212          

      (D)  Tuition required to be paid under divisions (C)(2) and  214          

(3)(a) of this section shall be computed in accordance with        215          

section 3317.08 of the Revised Code.  Tuition required to be paid  216          

under division (C)(3)(b) of this section shall be computed in      217          

accordance with section 3317.081 of the Revised Code.  If a home   218          

fails to pay the tuition required by division (C)(3)(b) of this    219          

section, the board of education providing the education may        220          

recover in a civil action the tuition and the expenses incurred    221          

in prosecuting the action, including court costs and reasonable    222          

attorney's fees.  If the prosecuting attorney or city director of  223          

law represents the board in such action, costs and reasonable      224          

attorney's fees awarded by the court, based upon the prosecuting   225          

                                                          6      


                                                                 
attorney's, director's, or one of their designee's time spent      227          

preparing and presenting the case, shall be deposited in the       228          

county or city general fund.                                       229          

      (E)  A board of education may enroll a child free of any     231          

tuition obligation for a period not to exceed sixty days, on the   232          

sworn statement of an adult resident of the district that the      233          

resident has initiated legal proceedings for custody of the        235          

child.                                                                          

      (F)  In the case of any individual entitled to attend        237          

school under this division, no tuition shall be charged by the     238          

school district of attendance and no other school district shall   239          

be required to pay tuition for the individual's attendance.        240          

Notwithstanding division (B), (C), or (E) of this section:         241          

      (1)  All persons at least eighteen but under twenty-two      243          

years of age who live apart from their parents, support            244          

themselves by their own labor, and have not successfully           245          

completed the high school curriculum or the individualized         246          

education program developed for the person by the high school      247          

pursuant to section 3323.08 of the Revised Code, are entitled to   248          

attend school in the district in which they reside.                249          

      (2)  Any child under eighteen years of age who is married    251          

is entitled to attend school in the child's district of            252          

residence.                                                         253          

      (3)  A child is entitled to attend school in the district    255          

in which either of the child's parents is employed if the child    257          

has a medical condition that may require emergency medical         258          

attention.  The parent of a child entitled to attend school under  259          

division (F)(3) of this section shall submit to the board of       260          

education of the district in which the parent is employed a        261          

statement from the child's physician certifying that the child's   262          

medical condition may require emergency medical attention.  The    263          

statement shall be supported by such other evidence as the board   264          

may require.                                                                    

      (4)  Any child residing with a person other than the         266          

                                                          7      


                                                                 
child's parent is entitled, for a period not to exceed twelve      268          

months, to attend school in the district in which that person      269          

resides if the child's parent files an affidavit with the          270          

superintendent of the district in which the person with whom the   271          

child is living resides stating all of the following:              272          

      (a)  That the parent is serving outside of the state in the  274          

armed services of the United States;                               275          

      (b)  That the parent intends to reside in the district upon  277          

returning to this state;                                           278          

      (c)  The name and address of the person with whom the child  280          

is living while the parent is outside the state.                   281          

      (5)  Any child under the age of twenty-two years who, after  283          

the death of a parent, resides in a school district other than     284          

the district in which the child attended school at the time of     285          

the parent's death is entitled to continue to attend school in     286          

the district in which the child attended school at the time of     287          

the parent's death for the remainder of the school year, subject   288          

to approval of that district board.                                289          

      (6)  A child under the age of twenty-two years who resides   291          

with a parent who is having a new house built in a school          292          

district outside the district where the parent is residing is      293          

entitled to attend school for a period of time in the district     294          

where the new house is being built.  In order to be entitled to    295          

such attendance, the parent shall provide the district             296          

superintendent with the following:                                 297          

      (a)  A sworn statement explaining the situation, revealing   299          

the location of the house being built, and stating the parent's    300          

intention to reside there upon its completion;                     301          

      (b)  A statement from the builder confirming that a new      303          

house is being built for the parent and that the house is at the   304          

location indicated in the parent's statement.                      305          

      (7)  A child under the age of twenty-two years residing      307          

with a parent who has a contract to purchase a house in a school   308          

district outside the district where the parent is residing and     309          

                                                          8      


                                                                 
who is waiting upon the date of closing of the mortgage loan for   310          

the purchase of such house is entitled to attend school for a      311          

period of time in the district where the house is being            312          

purchased.  In order to be entitled to such attendance, the        313          

parent shall provide the district superintendent with the          314          

following:                                                         315          

      (a)  A sworn statement explaining the situation, revealing   317          

the location of the house being purchased, and stating the         318          

parent's intent to reside there;                                   319          

      (b)  A statement from a real estate broker or bank officer   321          

confirming that the parent has a contract to purchase the house,   322          

that the parent is waiting upon the date of closing of the         323          

mortgage loan, and that the house is at the location indicated in  324          

the parent's statement.                                            325          

      The district superintendent shall establish a period of      327          

time not to exceed ninety days during which the child entitled to  328          

attend school under division (F)(6) or (7) of this section may     329          

attend without tuition obligation.  A student attending a school   330          

under division (F)(6) or (7) of this section shall be eligible to  331          

participate in interscholastic athletics under the auspices of     332          

that school, provided the board of education of the school         333          

district where the student's parent resides, by a formal action,   334          

releases the student to participate in interscholastic athletics   335          

at the school where the student is attending, and provided the     336          

student receives any authorization required by a public agency or  337          

private organization of which the school district is a member      338          

exercising authority over interscholastic sports.                  339          

      (8)  A child whose parent is a full-time employee of a       341          

city, local, or exempted village school district may be admitted   342          

to the schools of the district where the child's parent is         343          

employed, provided the board of education establishes such an      345          

admission policy by resolution adopted by a majority of its        346          

members.  Any such policy shall take effect on the first day of    347          

the school year and the effective date of any amendment or repeal  348          

                                                          9      


                                                                 
may not be prior to the first day of the subsequent school year.   349          

The policy shall be uniformly applied to all such children and     350          

shall provide for the admission of any such child upon request of  351          

the parent.  No child may be admitted under this policy after the  352          

first day of classes of any school year.                           353          

      (9)  A child who is with the child's parent under the care   355          

of a shelter for victims of domestic violence, as defined in       357          

section 3113.33 of the Revised Code, is entitled to attend school  358          

free in the district in which the child is with his THE CHILD'S    359          

parent, and no other school district shall be required to pay      362          

tuition for the child's attendance in that school district.        364          

      The enrollment of a child in a school district under this    366          

division shall not be denied due to a delay in the school          367          

district's receipt of any records required under section 3313.672  368          

of the Revised Code or any other records required for enrollment.  369          

Any days of attendance and any credits earned by a child while     370          

enrolled in a school district under this division shall be         371          

transferred to and accepted by any school district in which the    372          

child subsequently enrolls.  The state board of education shall    373          

adopt rules to ensure compliance with this division.               374          

      (10)  Any child under the age of twenty-two years whose      376          

parent has moved out of the school district after the              377          

commencement of classes in the child's senior year of high school  378          

is entitled, subject to the approval of that district board, to    379          

attend school in the district in which the child attended school   380          

at the time of the parental move for the remainder of the school   381          

year and for one additional semester or equivalent term.  A        383          

district board may also adopt a policy specifying extenuating      384          

circumstances under which a student may continue to attend school  385          

under division (F)(10) of this section for an additional period    386          

of time in order to successfully complete the high school          387          

curriculum for the individualized education program developed for  388          

the student by the high school pursuant to section 3323.08 of the  389          

Revised Code.                                                                   

                                                          10     


                                                                 
      (11)  As used in this division, "grandparent" means a        391          

parent of a parent of a child.  A child under the age of           392          

twenty-two years who is in the custody of the child's parent,      394          

resides with a grandparent, and does not require special           395          

education is entitled to attend the schools of the district in     396          

which the child's grandparent resides, provided that, prior to     398          

such attendance in any school year, the board of education of the  399          

school district in which the child's grandparent resides and the   400          

board of education of the school district in which the child's     402          

parent resides enter into a written agreement specifying that      404          

good cause exists for such attendance, describing the nature of    405          

this good cause, and consenting to such attendance.                406          

      In lieu of a consent form signed by a parent, a board of     408          

education may request the grandparent of a child attending school  409          

in the district in which the grandparent resides pursuant to       410          

division (F)(11) of this section to complete any consent form      411          

required by the district, including any authorization required by  412          

sections 3313.712 and 3313.713 of the Revised Code.  Upon          413          

request, the grandparent shall complete any consent form required  414          

by the district.  A school district shall not incur any liability  415          

solely because of its receipt of a consent form from a             416          

grandparent in lieu of a parent.                                   417          

      Division (F)(11) of this section does not create, and shall  420          

not be construed as creating, a new cause of action or             421          

substantive legal right against a school district, a member of a   422          

board of education, or an employee of a school district.  This     423          

section does not affect, and shall not be construed as affecting,  424          

any immunities from defenses to tort liability created or          425          

recognized by Chapter 2744. of the Revised Code for a school       426          

district, member, or employee.                                                  

      (12)  A child under the age of twenty-two years is entitled  429          

to attend school in a school district other than the district in                

which the child is entitled to attend school under division (B),   431          

(C), or (E) of this section provided that, prior to such           433          

                                                          11     


                                                                 
attendance in any school year, both of the following occur:        434          

      (a)  The superintendent of the district in which the child   436          

is entitled to attend school under division (B), (C), or (E) of    439          

this section contacts the superintendent of another district for                

purposes of this division;                                         441          

      (b)  The superintendents of both districts enter into a      444          

written agreement that consents to the attendance and specifies                 

that the purpose of such attendance is to protect the student's    446          

physical or mental well-being or to deal with other extenuating    447          

circumstances deemed appropriate by the superintendents.                        

      While an agreement is in effect under this division for a    449          

student who is not receiving special education under Chapter       450          

3323. of the Revised Code and notwithstanding Chapter 3327. of     451          

the Revised Code, the board of education of neither school         452          

district involved in the agreement is required to provide          453          

transportation for the student to and from the school where the    454          

student attends.                                                                

      A student attending a school of a district pursuant to this  456          

division shall be allowed to participate in all student            457          

activities, including interscholastic athletics, at the school     458          

where the student is attending on the same basis as any student    459          

who has always attended the schools of that district while of      460          

compulsory school age.                                                          

      (G)  A board of education, after approving admission, may    462          

waive tuition for students who will temporarily reside in the      463          

district and who are either of the following:                      464          

      (1)  Residents or domiciliaries of a foreign nation who      466          

request admission as foreign exchange students;                    467          

      (2)  Residents or domiciliaries of the United States but     469          

not of Ohio who request admission as participants in an exchange   470          

program operated by a student exchange organization.               471          

      (H)  Pursuant to sections 3311.211, 3313.90, 3319.01,        473          

3323.04, 3327.04, and 3327.06 of the Revised Code, a child may     474          

attend school or participate in a special education program in a   475          

                                                          12     


                                                                 
school district other than in the district where the child is      476          

entitled to attend school under division (B) of this section.      477          

      (I)  This division does not apply to a child receiving       479          

special education.                                                 480          

      A school district required to pay tuition pursuant to        482          

division (C)(2) or (3) of this section or section 3313.65 of the   483          

Revised Code shall have an amount deducted under division (F) of   485          

section 3317.023 of the Revised Code equal to its own tuition      486          

rate for the same period of attendance.  A school district         487          

entitled to receive tuition pursuant to division (C)(2) or (3) of  488          

this section or section 3313.65 of the Revised Code shall have an  489          

amount credited under division (F) of section 3317.023 of the      491          

Revised Code equal to its own tuition rate for the same period of  492          

attendance.  If the tuition rate credited to the district of       493          

attendance exceeds the rate deducted from the district required    494          

to pay tuition, the department of education shall pay the          495          

district of attendance the difference from amounts deducted from   496          

all districts' payments under division (F) of section 3317.023 of  498          

the Revised Code but not credited to other school districts under  499          

such division and from appropriations made for such purpose.  The  500          

treasurer of each school district shall, by the fifteenth day of   501          

January and July, furnish the superintendent of public             502          

instruction a report of the names of each child who attended the   503          

district's schools under divisions (C)(2) and (3) of this section  504          

or section 3313.65 of the Revised Code during the preceding six    505          

calendar months, the duration of the attendance of those           506          

children, the school district responsible for tuition on behalf    507          

of the child, and any other information that the superintendent    508          

requires.                                                          509          

      Upon receipt of the report the superintendent, pursuant to   511          

division (F) of section 3317.023 of the Revised Code, shall        512          

deduct each district's tuition obligations under divisions (C)(2)  513          

and (3) of this section or section 3313.65 of the Revised Code     514          

and pay to the district of attendance that amount plus any amount  515          

                                                          13     


                                                                 
required to be paid by the state.                                  516          

      (J)  In the event of a disagreement, the superintendent of   518          

public instruction shall determine the school district in which    519          

the parent resides.                                                520          

      (K)  Nothing in this section requires or authorizes, or      522          

shall be construed to require or authorize, the admission to a     523          

public school in this state of a pupil who has been permanently    524          

excluded from public school attendance by the superintendent of    525          

public instruction pursuant to sections 3301.121 and 3313.662 of   526          

the Revised Code.                                                  527          

      Sec. 3317.02.  As used in this chapter:                      536          

      (A)  Unless otherwise specified, "school district" means     538          

city, local, and exempted village school districts.                539          

      (B)  "Formula amount" means the base cost for the fiscal     541          

year specified in section 3317.012 of the Revised Code, except     543          

that to allow for the orderly phase-in of the increased funding    544          

specified in that section, the formula amount for fiscal year      545          

1999 shall be $3,851; the formula amount for fiscal year 2000      546          

shall be $4,038; and the formula amount for fiscal year 2001       547          

shall be $4,226.  Thereafter, the formula amount shall be as       548          

specified in that section.                                                      

      (C)  "FTE basis" means a count of students based on          551          

full-time equivalency, in accordance with rules adopted by the     552          

department of education pursuant to section 3317.03 of the         553          

Revised Code.  In adopting its rules under this division, the      554          

department shall provide for counting any student in a district's  555          

category one, two, or three special education ADM in the same      556          

proportion the student is counted in formula ADM.                  557          

      (D)(1)  "Formula ADM" means the number reported pursuant to  560          

division (A) of section 3317.03 of the Revised Code.               561          

      (2)  "Three-year average formula ADM" means the average of   563          

a school district's formula ADMs for the current and preceding     565          

two fiscal years.  However, as applicable in fiscal years 1999     566          

and 2000, the three-year average shall be determined utilizing     567          

                                                          14     


                                                                 
the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal   569          

year 1997 or 1998.                                                 570          

      (E)  "FY 1997 ADM" or "FY 1998 ADM" means the district's     573          

average daily membership reported for the applicable fiscal year   574          

under the version of division (A) of section 3317.03 of the        575          

Revised Code in effect during that fiscal year, adjusted as        577          

follows:                                                                        

      (1)  Minus the average daily membership of handicapped       580          

preschool children;                                                             

      (2)  Minus one-half of the average daily membership          583          

attending kindergarten;                                                         

      (3)  Minus three-fourths of the average daily membership     586          

attending a joint vocational school district;                      587          

      (4)  Plus the average daily membership entitled under        589          

section 3313.64 or 3313.65 of the Revised Code to attend school    591          

in the district but receiving educational services in approved     592          

units from an educational service center or another school         593          

district under a compact or a cooperative education agreement, as  594          

determined by the department;                                                   

      (5)  Minus the average daily membership receiving            596          

educational services from the district in approved units but       597          

entitled under section 3313.64 or 3313.65 of the Revised Code to   598          

attend school in another school district, as determined by the     599          

department.                                                                     

      (F)(1)  "Category one special education ADM" means the       603          

average daily membership of handicapped children receiving                      

special education services for those handicaps specified in        605          

division (A) of section 3317.013 of the Revised Code and reported  606          

under division (B) of section 3317.03 of the Revised Code.         607          

      (2)  "Category two special education ADM" means the average  611          

daily membership of handicapped children receiving special         612          

education services for those handicaps specified in division (B)   613          

of section 3317.013 of the Revised Code and reported under                      

division (B) of section 3317.03 of the Revised Code.               615          

                                                          15     


                                                                 
      (3)  "Category three special education ADM" means the        619          

average daily membership of students receiving special education   620          

services for students identified as autistic, having traumatic                  

brain injuries, or as both visually and hearing disabled as these  621          

terms are defined pursuant to Chapter 3323. of the Revised Code,   622          

and reported under division (B) of section 3317.03 of the Revised  623          

Code.                                                                           

      (G)  "Handicapped preschool child" means a handicapped       626          

child, as defined in section 3323.01 of the Revised Code, who is   627          

at least age three but is not of compulsory school age, as         628          

defined in section 3321.01 of the Revised Code, and who has not    629          

entered kindergarten.                                                           

      (H)  "County MR/DD board" means a county board of mental     632          

retardation and developmental disabilities.                        633          

      (I)  "Recognized valuation" means the amount calculated for  636          

a school district pursuant to section 3317.015 of the Revised      637          

Code.                                                                           

      (J)  "Transportation ADM" means the number of children       640          

reported under division (B)(9) of section 3317.03 of the Revised   641          

Code.                                                                           

      (K)  "Most efficient transportation use cost per             643          

transported student" for a district means a statistical            644          

representation of transportation costs as calculated under         645          

division (D)(4) of section 3317.022 of the Revised Code.           646          

      (L)  "Taxes charged and payable" means the taxes charged     648          

and payable against real and public utility property after making  649          

the reduction required by section 319.301 of the Revised Code,     650          

plus the taxes levied against tangible personal property.          651          

      (M)  "Total taxable value" means the sum of the amounts      654          

certified for a city, local, exempted village, or joint            655          

vocational school district under divisions (A)(1) and (2) of       656          

section 3317.021 of the Revised Code.                                           

      (N)(1)  "Cost-of-doing-business factor" means the amount     658          

indicated in this division for the county in which the district    659          

                                                          16     


                                                                 
is located, adjusted in accordance with division (N)(2) of this    661          

section.  If the district is located in more than one county, the  662          

factor is the amount indicated for the county to which the                      

district is assigned by the state department of education.         663          

                                  COST-OF-DOING-BUSINESS           665          

      COUNTY                          FACTOR AMOUNT                666          

      Adams                              1.0100                    670          

      Allen                              1.0272                    671          

      Ashland                            1.0362                    672          

      Ashtabula                          1.0540                    673          

      Athens                             1.0040                    674          

      Auglaize                           1.0300                    675          

      Belmont                            1.0101                    676          

      Brown                              1.0218                    677          

      Butler                             1.0662                    678          

      Carroll                            1.0180                    679          

      Champaign                          1.0432                    680          

      Clark                              1.0489                    681          

      Clermont                           1.0498                    682          

      Clinton                            1.0287                    683          

      Columbiana                         1.0320                    684          

      Coshocton                          1.0224                    685          

      Crawford                           1.0174                    686          

      Cuyahoga                           1.0725                    687          

      Darke                              1.0360                    688          

      Defiance                           1.0214                    689          

      Delaware                           1.0512                    690          

      Erie                               1.0414                    691          

      Fairfield                          1.0383                    692          

      Fayette                            1.0281                    693          

      Franklin                           1.0548                    694          

      Fulton                             1.0382                    695          

      Gallia                             1.0000                    696          

      Geauga                             1.0608                    697          

                                                          17     


                                                                 
      Greene                             1.0418                    698          

      Guernsey                           1.0091                    699          

      Hamilton                           1.0750                    700          

      Hancock                            1.0270                    701          

      Hardin                             1.0384                    702          

      Harrison                           1.0111                    703          

      Henry                              1.0389                    704          

      Highland                           1.0177                    705          

      Hocking                            1.0164                    706          

      Holmes                             1.0275                    707          

      Huron                              1.0348                    708          

      Jackson                            1.0176                    709          

      Jefferson                          1.0090                    710          

      Knox                               1.0276                    711          

      Lake                               1.0627                    712          

      Lawrence                           1.0154                    713          

      Licking                            1.0418                    714          

      Logan                              1.0376                    715          

      Lorain                             1.0573                    716          

      Lucas                              1.0449                    717          

      Madison                            1.0475                    718          

      Mahoning                           1.0465                    719          

      Marion                             1.0289                    720          

      Medina                             1.0656                    721          

      Meigs                              1.0016                    722          

      Mercer                             1.0209                    723          

      Miami                              1.0456                    724          

      Monroe                             1.0152                    725          

      Montgomery                         1.0484                    726          

      Morgan                             1.0168                    727          

      Morrow                             1.0293                    728          

      Muskingum                          1.0194                    729          

      Noble                              1.0150                    730          

      Ottawa                             1.0529                    731          

                                                          18     


                                                                 
      Paulding                           1.0216                    732          

      Perry                              1.0185                    733          

      Pickaway                           1.0350                    734          

      Pike                               1.0146                    735          

      Portage                            1.0595                    736          

      Preble                             1.0523                    737          

      Putnam                             1.0308                    738          

      Richland                           1.0232                    739          

      Ross                               1.0111                    740          

      Sandusky                           1.0361                    741          

      Scioto                             1.0082                    742          

      Seneca                             1.0265                    743          

      Shelby                             1.0274                    744          

      Stark                              1.0330                    745          

      Summit                             1.0642                    746          

      Trumbull                           1.0465                    747          

      Tuscarawas                         1.0109                    748          

      Union                              1.0488                    749          

      Van Wert                           1.0181                    750          

      Vinton                             1.0065                    751          

      Warren                             1.0678                    752          

      Washington                         1.0124                    753          

      Wayne                              1.0446                    754          

      Williams                           1.0316                    755          

      Wood                               1.0431                    756          

      Wyandot                            1.0227                    757          

      (2)  As used in this division, "multiplier" means the        760          

number for the corresponding fiscal year as follows:               761          

      FISCAL YEAR OF THE                                           763          

          COMPUTATION                  MULTIPLIER                  764          

             1998                       9.6/7.5                    766          

             1999                       11.0/7.5                   767          

             2000                       12.4/7.5                   768          

             2001                       13.8/7.5                   769          

                                                          19     


                                                                 
             2002                       15.2/7.5                   770          

             2003                       16.6/7.5                   771          

      2004 and thereafter               18.0/7.5                   772          

      Beginning in fiscal year 1998, the department shall          775          

annually adjust the cost-of-doing-business factor for each county  777          

in accordance with the following formula:                          778          

  [(The cost-of-doing-business factor specified under division     781          

(N)(1) of this section - 1) X (the multiplier for the fiscal year  782          

                    of the calculation)< + 1                                    

      The result of such formula shall be the adjusted             784          

cost-of-doing-business factor for that fiscal year.                785          

      (O)  "Tax exempt value" of a school district means the       787          

amount certified for a school district under division (A)(4) of    788          

section 3317.021 of the Revised Code.                              789          

      (P)  "Potential value" of a school district means the        791          

adjusted total taxable value of a school district plus the tax     793          

exempt value of the district.                                      794          

      (Q)  "District median income" means the median Ohio          796          

adjusted gross income certified for a school district.  On or      797          

before the first day of July of each year, the tax commissioner    798          

shall certify to the department of education for each city,        799          

exempted village, and local school district the median Ohio        800          

adjusted gross income of the residents of the school district      801          

determined on the basis of tax returns filed for the second        802          

preceding tax year by the residents of the district.                            

      (R)  "Statewide median income" means the median district     804          

median income of all city, exempted village, and local school      806          

districts in the state.                                                         

      (S)  "Income factor" for a city, exempted village, or local  808          

school district means the quotient obtained by dividing that       809          

district's median income by the statewide median income.           810          

      (T)  Except as provided in division (B)(3) of section        813          

3317.012 of the Revised Code, "valuation per pupil" for a city,                 

exempted village, or local school district means the district's    815          

                                                          20     


                                                                 
recognized valuation divided by the greater of the district's      816          

formula ADM or three-year average formula ADM.                     817          

      (U)  Except as provided in section 3317.0213 of the Revised  820          

Code, "adjusted valuation per pupil" means the amount calculated   821          

in accordance with the following formula:                          822          

 District valuation per pupil - [$60,000 X (1 - district income    825          

                            factor)<                                            

      If the result of such formula is negative, the adjusted      827          

valuation per pupil shall be zero.                                 828          

      (V)  "Income adjusted valuation" means the product obtained  830          

by multiplying the district's adjusted valuation per pupil by the  831          

greater of the district's formula ADM or three-year average        833          

formula ADM.                                                                    

      (W)  Except as provided in division (A)(2) of section        836          

3317.022 of the Revised Code, "adjusted total taxable value"                    

means one of the following:                                        837          

      (1)  In any fiscal year that a district's income factor is   839          

less than or equal to one, the amount calculated under the         840          

following formula:                                                              

(Income adjusted valuation X 1/5) + (recognized valuation X 4/5)   843          

      (2)  In fiscal year 1999, if a district's income factor is   846          

greater than one, the amount calculated under the following        847          

formula:                                                           848          

  (Income adjusted valuation X 1/15) + (recognized valuation X     851          

                             14/15)                                             

      Thereafter, the adjusted total taxable value of a district   853          

with an income factor greater than one shall be its recognized     855          

valuation.                                                                      

      Sec. 3321.01.  (A)  As used in this chapter, "parent,"       864          

"guardian," or "other person having charge or care of a child"     865          

means either parent unless the parents are separated or divorced   866          

or their marriage has been dissolved or annulled, in which case    867          

"parent" means the parent who is the residential parent and legal  868          

custodian of the child.  If the child is in the legal or           869          

                                                          21     


                                                                 
permanent custody of a person or government agency, "parent"       870          

means that person or government agency.  When a child is a         871          

resident of a home, as defined in section 3313.64 of the Revised   872          

Code, and the child's parent is not a resident of this state,      873          

"parent," "guardian," or "other person having charge or care of a  874          

child" means the head of the home.                                 875          

      A child between six and eighteen years of age is "of         877          

compulsory school age" for the purpose of sections 3321.01 to      878          

3321.13 of the Revised Code.  A CHILD UNDER SIX YEARS OF AGE WHO   879          

HAS BEEN ENROLLED IN KINDERGARTEN ALSO SHALL BE CONSIDERED "OF     880          

COMPULSORY SCHOOL AGE" FOR THE PURPOSE OF SECTIONS 3321.01 TO      881          

3321.13 OF THE REVISED CODE UNLESS THE CHILD'S PARENT OR GUARDIAN  882          

WITHDRAWS THE CHILD FROM KINDERGARTEN.  The compulsory school age  883          

of a child shall not commence until the beginning of the term of   884          

such schools, or other time in the school year fixed by the rules  885          

of the board of the district in which the child resides.           886          

      No child shall be admitted to a kindergarten or a first      888          

grade of a public school in a district in which all children are   889          

admitted to kindergarten and the first grade in August or          890          

September unless the child is five or six years of age,            891          

respectively, by the thirtieth day of September of the year of     893          

admittance, or by the first day of a term or semester other than   894          

one beginning in August or September in school districts granting  895          

admittance at the beginning of such term or semester, except that  896          

in those school districts using or obtaining educationally         897          

accepted standardized testing programs for determining entrance,   898          

as approved by the board of education of such districts, the       899          

board shall admit a child to kindergarten or the first grade who   900          

fails to meet the age requirement, provided the child meets        901          

necessary standards as determined by such standardized testing     902          

programs.  If the board of education has not established a         903          

standardized testing program, the board shall designate the        904          

necessary standards and a testing program it will accept for the   905          

purpose of admitting a child to kindergarten or first grade who    906          

                                                          22     


                                                                 
fails to meet the age requirement.  Each child who will be the     907          

proper age for entrance to kindergarten of OR first grade by the   908          

first day of January of the school year for which admission is     910          

requested shall be so tested upon the request of the child's       911          

parent.                                                                         

      (B)  As used in divisions (C) and (D) of this section,       913          

"successfully completed kindergarten" and "successful completion   914          

of kindergarten" mean that the child has completed the             915          

kindergarten requirements at one of the following:                 916          

      (1)  A public or chartered nonpublic school;                 918          

      (2)  A kindergarten class that is both of the following:     920          

      (a)  Offered by a day-care provider licensed under Chapter   922          

5104. of the Revised Code;                                         923          

      (b)  If offered after July 1, 1991, is directly taught by a  925          

teacher who holds one of the following:                            926          

      (i)  A valid educator license issued under section 3319.22   929          

of the Revised Code;                                                            

      (ii)  A Montessori preprimary credential or age-appropriate  931          

diploma granted by the American Montessori society or the          932          

association Montessori internationale;                             933          

      (iii)  Certification determined under division (G) of this   935          

section to be equivalent to that described in division             936          

(B)(2)(b)(ii) of this section;                                     937          

      (iv)  Certification for teachers in nontax-supported         939          

schools pursuant to section 3301.071 of the Revised Code.          940          

      (C)  Except as provided in division (D) of this section, no  942          

school district shall admit to the first grade any child who has   943          

not successfully completed kindergarten.                           944          

      (D)  Upon request of a parent, the requirement of division   946          

(C) of this section may be waived by the district's pupil          947          

personnel services committee in the case of a child who is at      948          

least six years of age by the thirtieth day of September of the    949          

year of admittance and who demonstrates to the satisfaction of     950          

the committee the possession of the social, emotional, and         952          

                                                          23     


                                                                 
cognitive skills necessary for first grade.                                     

      The board of education of each city, local, and exempted     954          

village school district shall establish a pupil personnel          955          

services committee.  The committee shall be composed of all of     956          

the following to the extent such personnel are either employed by  957          

the district or employed by the governing board of the             959          

educational service center within whose territory the district is  960          

located and the educational service center generally furnishes     961          

the services of such personnel to the district:                    962          

      (1)  The director of pupil personnel services;               964          

      (2)  An elementary school counselor;                         966          

      (3)  An elementary school principal;                         968          

      (4)  A school psychologist;                                  970          

      (5)  A teacher assigned to teach first grade.                972          

      The responsibilities of the pupil personnel services         974          

committee shall be limited to the issuing of waivers allowing      975          

admittance to the first grade without the successful completion    976          

of kindergarten.  The committee shall have no other authority      977          

except as specified in this section.                               978          

      (E)  The scheduling of times for kindergarten classes and    980          

length of the school day for kindergarten shall be determined by   981          

the board of education of a city, exempted village, or local       982          

school district.                                                   983          

      (F)  Any kindergarten class offered by a day-care provider   985          

or school described by division (B)(1) or (B)(2)(a) of this        986          

section shall be developmentally appropriate.                      987          

      (G)  Upon written request of a day-care provider described   989          

by division (B)(2)(a) of this section, the department of           990          

education shall determine whether certification held by a teacher  991          

employed by the provider meets the requirement of division         992          

(B)(2)(b)(iii) of this section and, if so, shall furnish the       993          

provider a statement to that effect.                               994          

      Sec. 3323.01.  As used in this chapter and Chapter 3321. of  1,003        

the Revised Code:                                                  1,004        

                                                          24     


                                                                 
      (A)  "Handicapped child" means a person under twenty-two     1,006        

years of age who is developmentally handicapped, hearing           1,007        

handicapped, speech handicapped, visually disabled, severe         1,008        

behavior handicapped, orthopedically handicapped,                  1,009        

multihandicapped, other health handicapped, specific learning      1,010        

disabled, autistic, or traumatic brain injured, and by reason      1,011        

thereof requires special education.                                1,012        

      (B)  "Special education program" means the required related  1,014        

services and instruction specifically designed to meet the unique  1,015        

needs of a handicapped child, including classroom instruction,     1,016        

home instruction, and instruction in hospitals and institutions    1,017        

and in other settings.                                             1,018        

      (C)  "Related services" means transportation, and such       1,020        

developmental, corrective, and other supportive services as may    1,021        

be required to assist a handicapped child to benefit from special  1,022        

education, including the early identification and assessment of    1,023        

handicapped conditions in children, speech pathology and           1,024        

audiology, psychological services, occupational and physical       1,025        

therapy, physical education, recreation, counseling services       1,026        

including rehabilitative counseling, and medical services, except  1,027        

that such medical services shall be for diagnostic and evaluation  1,028        

purposes only.                                                     1,029        

      (D)  "Appropriate public education" means special education  1,031        

and related services that:                                         1,032        

      (1)  Are provided at public expense and under public         1,034        

supervision;                                                       1,035        

      (2)  Meet the standards of the state board of education;     1,037        

      (3)  Include an appropriate preschool, elementary, or        1,039        

secondary education;                                               1,040        

      (4)  Are provided in conformity with the individualized      1,042        

education program required under this chapter.                     1,043        

      (E)  "Individualized education program" means a written      1,045        

statement for each handicapped child designed to meet the unique   1,046        

needs of a handicapped child, which statement shall include:       1,047        

                                                          25     


                                                                 
      (1)  A statement of the present levels of educational        1,049        

performance of such child;                                         1,050        

      (2)  A statement of annual goals, including short-term       1,052        

instructional objectives;                                          1,053        

      (3)  A statement of the specific educational services to be  1,055        

provided to such child, and the extent to which such child will    1,056        

be able to participate in regular educational programs;            1,057        

      (4)  A statement of the transition services needed for such  1,059        

child beginning no later than age sixteen and annually thereafter  1,060        

(and, when determined appropriate for such child, beginning at     1,061        

age fourteen or younger), including, when appropriate, a           1,062        

statement of the interagency responsibilities and linkages before  1,063        

the student leaves the school setting;                             1,064        

      (5)  The projected date for initiation and anticipated       1,066        

duration of such services;                                         1,067        

      (6)  Appropriate objective criteria and evaluation           1,069        

procedures and schedules for determining, on at least an annual    1,070        

basis, whether instructional objectives are being achieved, and    1,071        

whether current placement is appropriate.                          1,072        

      (F)  "Other educational agency" means a department,          1,074        

division, bureau, office, institution, board, commission,          1,075        

committee, authority, or other state or local agency, other than   1,076        

a school district or an agency administered by the department of   1,077        

mental retardation and developmental disabilities, that provides   1,078        

or seeks to provide special education or related services to       1,079        

handicapped children.                                              1,080        

      (G)  "School district" means a city, local, or exempted      1,082        

village school district.                                           1,083        

      (H)  "Parents" means either parent.  If the parents are      1,085        

separated or divorced, "parent" means the parent who is the        1,086        

residential parent and legal custodian of the handicapped child.   1,087        

Except as used in division (I) of this section and in sections     1,088        

3323.09 and 3323.141 of the Revised Code, "parents" includes a     1,089        

child's guardian or custodian.  This definition does not apply to  1,090        

                                                          26     


                                                                 
Chapter 3321. of the Revised Code.                                 1,091        

      (I)  As used in sections 3323.09, 3323.091, 3323.13, and     1,093        

3323.14 of the Revised Code, "school district of residence"        1,094        

means:                                                             1,095        

      (1)  The school district in which the child's parents        1,097        

reside;                                                            1,098        

      (2)  If the school district specified in division (I)(1) of  1,100        

this section cannot be determined, the last school district in     1,101        

which the child's parents are known to have resided if the         1,102        

parents' whereabouts are unknown;                                  1,103        

      (3)  If the school district specified in division (I)(2) of  1,105        

this section cannot be determined, the school district determined  1,106        

by the court under section 2151.357 of the Revised Code, or if no  1,107        

district has been so determined, the school district as            1,108        

determined by the probate court of the county in which the child   1,109        

resides.  The school district of residence that had been           1,110        

established under this section on December 12, 1983, shall remain  1,111        

the child's school district of residence unless a district of      1,112        

residence can be determined under division (I)(1) or (2) of this   1,113        

section.                                                           1,114        

      (4)  Notwithstanding divisions (I)(1) to (3) of this         1,116        

section, if a school district is required by section 3313.65 of    1,117        

the Revised Code to pay tuition for a child, that district shall   1,118        

be the child's school district of residence.                       1,119        

      (J)  "County MR/DD board" means a county board of mental     1,121        

retardation and developmental disabilities.                        1,122        

      (K)  "Handicapped preschool child" means a handicapped       1,124        

child who is at least three years of age but is not of compulsory  1,125        

school age, as defined under section 3321.01 of the Revised Code,  1,126        

and who has not entered kindergarten.                              1,127        

      (L)  "Transition services" means a coordinated set of        1,129        

activities for a student, designed within an outcome-oriented      1,130        

process, that:                                                     1,131        

      (1)  Promotes movement from school to post-school            1,133        

                                                          27     


                                                                 
activities, including post-secondary education; vocational         1,134        

training; integrated employment, including supported employment;   1,135        

continuing and adult education; adult services; independent        1,136        

living; and community participation;                               1,137        

      (2)  Is based upon the individual student's needs,           1,139        

including taking into account the student's preferences and        1,140        

interests;                                                         1,141        

      (3)  Includes instruction, community experiences, the        1,143        

development of employment and other post-school adult living       1,144        

objectives, and, when appropriate, acquisition of daily living     1,145        

skills and functional vocational evaluation.                       1,146        

      (M)  "Visual disability" for any individual means that one   1,148        

of the following applies to the individual:                        1,149        

      (1)  The individual has a visual acuity of 20/200 or less    1,151        

in the better eye with correcting lenses or has a limited field    1,152        

of vision in the better eye such that the widest diameter          1,153        

subtends an angular distance of no greater than twenty degrees.    1,154        

      (2)  The individual has a medically indicated expectation    1,156        

of meeting the requirements of division (M)(1) of this section     1,157        

over a period of time.                                                          

      (3)  The individual has a medically diagnosed and medically  1,159        

uncorrectable limitation in visual functioning that adversely      1,160        

affects the individual's ability to read and write standard print  1,161        

at levels expected of the individual's peers of comparable         1,162        

ability and grade level.                                                        

      (N)  "Student with a visual disability" means any person     1,164        

under twenty-two years of age who has a visual disability.         1,165        

      (O)  "Instruction in braille reading and writing" means the  1,167        

teaching of the system of reading and writing through touch        1,168        

commonly known as standard English braille.                        1,169        

      Section 2.  That existing sections 3313.64, 3317.02,         1,171        

3321.01, and 3323.01 of the Revised Code are hereby repealed.      1,172