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
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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
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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
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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
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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
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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
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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
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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
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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