As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 281 5
1999-2000 6
REPRESENTATIVES HARTNETT-PRINGLE-D. MILLER-FORD-BRITTON- 8
FLANNERY-OPFER-DePIERO-ALLEN-BENDER-BOYD-SULLIVAN-JONES- 9
PETERSON-R. MILLER-SMITH-OGG-BRADING-HARRIS 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
2
parental rights, privileges, and responsibilities" have the same 50
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
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(a) An agency to which the child has been permanently 96
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 IS not entered CURRENTLY ENROLLED IN 110
kindergarten.
(8) "Child," unless otherwise indicated, includes 112
handicapped preschool children. 113
(B) Except as otherwise provided in section 3321.01 of the 115
Revised Code for admittance to kindergarten and first grade, a 116
child who is at least five but under twenty-two years of age and 117
any handicapped preschool child shall be admitted to school as 118
provided in this division. 119
(1) A child shall be admitted to the schools of the school 121
district in which the child's parent resides. 122
(2) A child who does not reside in the district where the 125
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 127
applies:
(a) The child is in the legal or permanent custody of a 129
government agency or a person other than the child's natural or 131
adoptive parent. 132
(b) The child resides in a home. 134
(c) The child requires special education. 136
(3) A child who is not entitled under division (B)(2) of 138
this section to be admitted to the schools of the district where 139
the child resides and who is residing with a resident of this 140
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state with whom the child has been placed for adoption shall be 142
admitted to the schools of the district where the child resides 144
unless either of the following applies: 145
(a) The placement for adoption has been terminated. 147
(b) Another school district is required to admit the child 149
under division (B)(1) of this section. 150
Division (B) of this section does not prohibit the board of 152
education of a school district from placing a handicapped child 153
who resides in the district in a special education program 154
outside of the district or its schools in compliance with Chapter 155
3323. of the Revised Code. 156
(C) A district shall not charge tuition for children 158
admitted under division (B)(1) or (3) of this section. If the 159
district admits a child under division (B)(2) of this section, 160
tuition shall be paid to the district that admits the child as 161
follows: 162
(1) If the child receives special education in accordance 164
with Chapter 3323. of the Revised Code, tuition shall be paid in 165
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 166
of the Revised Code regardless of who has custody of the child or 167
whether the child resides in a home. 168
(2) Except as otherwise provided in division (C)(2)(d) of 170
this section, if the child is in the permanent or legal custody 171
of a government agency or person other than the child's parent, 172
tuition shall be paid by: 173
(a) The district in which the child's parent resided at 175
the time the court removed the child from home or at the time the 177
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 178
(b) If the parent's residence at the time the court 180
removed the child from home or placed the child in the legal or 182
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 183
at the time the child was removed from home or placed in legal or 185
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permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 187
division (C)(2)(a) or (b) of this section, tuition shall be paid 188
by the district determined as required by section 2151.357 of the 189
Revised Code by the court at the time it vests custody of the 190
child in the person or government agency. 191
(d) If at the time the court removed the child from home 194
or vested legal or permanent custody of the child in the person 195
or government agency, whichever occurred first, one parent was in 196
a residential or correctional facility or a juvenile residential 197
placement and the other parent, if living and not in such a 198
facility or placement, was not known to reside in this state, 199
tuition shall be paid by the district determined under division 200
(D) of section 3313.65 of the Revised Code as the district 201
required to pay any tuition while the parent was in such facility 202
or placement.
(3) If the child is not in the permanent or legal custody 204
of a government agency or person other than the child's parent 206
and the child resides in a home, tuition shall be paid by one of 207
the following:
(a) The school district in which the child's parent 209
resides; 210
(b) If the child's parent is not a resident of this state, 212
the home in which the child resides. 213
(D) Tuition required to be paid under divisions (C)(2) and 215
(3)(a) of this section shall be computed in accordance with 216
section 3317.08 of the Revised Code. Tuition required to be paid 217
under division (C)(3)(b) of this section shall be computed in 218
accordance with section 3317.081 of the Revised Code. If a home 219
fails to pay the tuition required by division (C)(3)(b) of this 220
section, the board of education providing the education may 221
recover in a civil action the tuition and the expenses incurred 222
in prosecuting the action, including court costs and reasonable 223
attorney's fees. If the prosecuting attorney or city director of 224
6
law represents the board in such action, costs and reasonable 225
attorney's fees awarded by the court, based upon the prosecuting 226
attorney's, director's, or one of their designee's time spent 228
preparing and presenting the case, shall be deposited in the 229
county or city general fund. 230
(E) A board of education may enroll a child free of any 232
tuition obligation for a period not to exceed sixty days, on the 233
sworn statement of an adult resident of the district that the 234
resident has initiated legal proceedings for custody of the 236
child.
(F) In the case of any individual entitled to attend 238
school under this division, no tuition shall be charged by the 239
school district of attendance and no other school district shall 240
be required to pay tuition for the individual's attendance. 241
Notwithstanding division (B), (C), or (E) of this section: 242
(1) All persons at least eighteen but under twenty-two 244
years of age who live apart from their parents, support 245
themselves by their own labor, and have not successfully 246
completed the high school curriculum or the individualized 247
education program developed for the person by the high school 248
pursuant to section 3323.08 of the Revised Code, are entitled to 249
attend school in the district in which they reside. 250
(2) Any child under eighteen years of age who is married 252
is entitled to attend school in the child's district of 253
residence. 254
(3) A child is entitled to attend school in the district 256
in which either of the child's parents is employed if the child 258
has a medical condition that may require emergency medical 259
attention. The parent of a child entitled to attend school under 260
division (F)(3) of this section shall submit to the board of 261
education of the district in which the parent is employed a 262
statement from the child's physician certifying that the child's 263
medical condition may require emergency medical attention. The 264
statement shall be supported by such other evidence as the board 265
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may require.
(4) Any child residing with a person other than the 267
child's parent is entitled, for a period not to exceed twelve 269
months, to attend school in the district in which that person 270
resides if the child's parent files an affidavit with the 271
superintendent of the district in which the person with whom the 272
child is living resides stating all of the following: 273
(a) That the parent is serving outside of the state in the 275
armed services of the United States; 276
(b) That the parent intends to reside in the district upon 278
returning to this state; 279
(c) The name and address of the person with whom the child 281
is living while the parent is outside the state. 282
(5) Any child under the age of twenty-two years who, after 284
the death of a parent, resides in a school district other than 285
the district in which the child attended school at the time of 286
the parent's death is entitled to continue to attend school in 287
the district in which the child attended school at the time of 288
the parent's death for the remainder of the school year, subject 289
to approval of that district board. 290
(6) A child under the age of twenty-two years who resides 292
with a parent who is having a new house built in a school 293
district outside the district where the parent is residing is 294
entitled to attend school for a period of time in the district 295
where the new house is being built. In order to be entitled to 296
such attendance, the parent shall provide the district 297
superintendent with the following: 298
(a) A sworn statement explaining the situation, revealing 300
the location of the house being built, and stating the parent's 301
intention to reside there upon its completion; 302
(b) A statement from the builder confirming that a new 304
house is being built for the parent and that the house is at the 305
location indicated in the parent's statement. 306
(7) A child under the age of twenty-two years residing 308
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with a parent who has a contract to purchase a house in a school 309
district outside the district where the parent is residing and 310
who is waiting upon the date of closing of the mortgage loan for 311
the purchase of such house is entitled to attend school for a 312
period of time in the district where the house is being 313
purchased. In order to be entitled to such attendance, the 314
parent shall provide the district superintendent with the 315
following: 316
(a) A sworn statement explaining the situation, revealing 318
the location of the house being purchased, and stating the 319
parent's intent to reside there; 320
(b) A statement from a real estate broker or bank officer 322
confirming that the parent has a contract to purchase the house, 323
that the parent is waiting upon the date of closing of the 324
mortgage loan, and that the house is at the location indicated in 325
the parent's statement. 326
The district superintendent shall establish a period of 328
time not to exceed ninety days during which the child entitled to 329
attend school under division (F)(6) or (7) of this section may 330
attend without tuition obligation. A student attending a school 331
under division (F)(6) or (7) of this section shall be eligible to 332
participate in interscholastic athletics under the auspices of 333
that school, provided the board of education of the school 334
district where the student's parent resides, by a formal action, 335
releases the student to participate in interscholastic athletics 336
at the school where the student is attending, and provided the 337
student receives any authorization required by a public agency or 338
private organization of which the school district is a member 339
exercising authority over interscholastic sports. 340
(8) A child whose parent is a full-time employee of a 342
city, local, or exempted village school district may be admitted 343
to the schools of the district where the child's parent is 344
employed, provided the board of education establishes such an 346
admission policy by resolution adopted by a majority of its 347
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members. Any such policy shall take effect on the first day of 348
the school year and the effective date of any amendment or repeal 349
may not be prior to the first day of the subsequent school year. 350
The policy shall be uniformly applied to all such children and 351
shall provide for the admission of any such child upon request of 352
the parent. No child may be admitted under this policy after the 353
first day of classes of any school year. 354
(9) A child who is with the child's parent under the care 356
of a shelter for victims of domestic violence, as defined in 358
section 3113.33 of the Revised Code, is entitled to attend school 359
free in the district in which the child is with his THE CHILD'S 360
parent, and no other school district shall be required to pay 363
tuition for the child's attendance in that school district. 365
The enrollment of a child in a school district under this 367
division shall not be denied due to a delay in the school 368
district's receipt of any records required under section 3313.672 369
of the Revised Code or any other records required for enrollment. 370
Any days of attendance and any credits earned by a child while 371
enrolled in a school district under this division shall be 372
transferred to and accepted by any school district in which the 373
child subsequently enrolls. The state board of education shall 374
adopt rules to ensure compliance with this division. 375
(10) Any child under the age of twenty-two years whose 377
parent has moved out of the school district after the 378
commencement of classes in the child's senior year of high school 379
is entitled, subject to the approval of that district board, to 380
attend school in the district in which the child attended school 381
at the time of the parental move for the remainder of the school 382
year and for one additional semester or equivalent term. A 384
district board may also adopt a policy specifying extenuating 385
circumstances under which a student may continue to attend school 386
under division (F)(10) of this section for an additional period 387
of time in order to successfully complete the high school 388
curriculum for the individualized education program developed for 389
10
the student by the high school pursuant to section 3323.08 of the 390
Revised Code.
(11) As used in this division, "grandparent" means a 392
parent of a parent of a child. A child under the age of 393
twenty-two years who is in the custody of the child's parent, 395
resides with a grandparent, and does not require special 396
education is entitled to attend the schools of the district in 397
which the child's grandparent resides, provided that, prior to 399
such attendance in any school year, the board of education of the 400
school district in which the child's grandparent resides and the 401
board of education of the school district in which the child's 403
parent resides enter into a written agreement specifying that 405
good cause exists for such attendance, describing the nature of 406
this good cause, and consenting to such attendance. 407
In lieu of a consent form signed by a parent, a board of 409
education may request the grandparent of a child attending school 410
in the district in which the grandparent resides pursuant to 411
division (F)(11) of this section to complete any consent form 412
required by the district, including any authorization required by 413
sections 3313.712 and 3313.713 of the Revised Code. Upon 414
request, the grandparent shall complete any consent form required 415
by the district. A school district shall not incur any liability 416
solely because of its receipt of a consent form from a 417
grandparent in lieu of a parent. 418
Division (F)(11) of this section does not create, and shall 421
not be construed as creating, a new cause of action or 422
substantive legal right against a school district, a member of a 423
board of education, or an employee of a school district. This 424
section does not affect, and shall not be construed as affecting, 425
any immunities from defenses to tort liability created or 426
recognized by Chapter 2744. of the Revised Code for a school 427
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 430
to attend school in a school district other than the district in
11
which the child is entitled to attend school under division (B), 432
(C), or (E) of this section provided that, prior to such 434
attendance in any school year, both of the following occur: 435
(a) The superintendent of the district in which the child 437
is entitled to attend school under division (B), (C), or (E) of 440
this section contacts the superintendent of another district for
purposes of this division; 442
(b) The superintendents of both districts enter into a 445
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 447
physical or mental well-being or to deal with other extenuating 448
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 450
student who is not receiving special education under Chapter 451
3323. of the Revised Code and notwithstanding Chapter 3327. of 452
the Revised Code, the board of education of neither school 453
district involved in the agreement is required to provide 454
transportation for the student to and from the school where the 455
student attends.
A student attending a school of a district pursuant to this 457
division shall be allowed to participate in all student 458
activities, including interscholastic athletics, at the school 459
where the student is attending on the same basis as any student 460
who has always attended the schools of that district while of 461
compulsory school age.
(G) A board of education, after approving admission, may 463
waive tuition for students who will temporarily reside in the 464
district and who are either of the following: 465
(1) Residents or domiciliaries of a foreign nation who 467
request admission as foreign exchange students; 468
(2) Residents or domiciliaries of the United States but 470
not of Ohio who request admission as participants in an exchange 471
program operated by a student exchange organization. 472
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 474
12
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 475
attend school or participate in a special education program in a 476
school district other than in the district where the child is 477
entitled to attend school under division (B) of this section. 478
(I) This division does not apply to a child receiving 480
special education. 481
A school district required to pay tuition pursuant to 483
division (C)(2) or (3) of this section or section 3313.65 of the 484
Revised Code shall have an amount deducted under division (F) of 486
section 3317.023 of the Revised Code equal to its own tuition 487
rate for the same period of attendance. A school district 488
entitled to receive tuition pursuant to division (C)(2) or (3) of 489
this section or section 3313.65 of the Revised Code shall have an 490
amount credited under division (F) of section 3317.023 of the 492
Revised Code equal to its own tuition rate for the same period of 493
attendance. If the tuition rate credited to the district of 494
attendance exceeds the rate deducted from the district required 495
to pay tuition, the department of education shall pay the 496
district of attendance the difference from amounts deducted from 497
all districts' payments under division (F) of section 3317.023 of 499
the Revised Code but not credited to other school districts under 500
such division and from appropriations made for such purpose. The 501
treasurer of each school district shall, by the fifteenth day of 502
January and July, furnish the superintendent of public 503
instruction a report of the names of each child who attended the 504
district's schools under divisions (C)(2) and (3) of this section 505
or section 3313.65 of the Revised Code during the preceding six 506
calendar months, the duration of the attendance of those 507
children, the school district responsible for tuition on behalf 508
of the child, and any other information that the superintendent 509
requires. 510
Upon receipt of the report the superintendent, pursuant to 512
division (F) of section 3317.023 of the Revised Code, shall 513
deduct each district's tuition obligations under divisions (C)(2) 514
13
and (3) of this section or section 3313.65 of the Revised Code 515
and pay to the district of attendance that amount plus any amount 516
required to be paid by the state. 517
(J) In the event of a disagreement, the superintendent of 519
public instruction shall determine the school district in which 520
the parent resides. 521
(K) Nothing in this section requires or authorizes, or 523
shall be construed to require or authorize, the admission to a 524
public school in this state of a pupil who has been permanently 525
excluded from public school attendance by the superintendent of 526
public instruction pursuant to sections 3301.121 and 3313.662 of 527
the Revised Code. 528
Sec. 3317.02. As used in this chapter: 537
(A) Unless otherwise specified, "school district" means 539
city, local, and exempted village school districts. 540
(B) "Formula amount" means the base cost for the fiscal 542
year specified in section 3317.012 of the Revised Code, except 544
that to allow for the orderly phase-in of the increased funding 545
specified in that section, the formula amount for fiscal year 546
1999 shall be $3,851; the formula amount for fiscal year 2000 547
shall be $4,038; and the formula amount for fiscal year 2001 548
shall be $4,226. Thereafter, the formula amount shall be as 549
specified in that section.
(C) "FTE basis" means a count of students based on 552
full-time equivalency, in accordance with rules adopted by the 553
department of education pursuant to section 3317.03 of the 554
Revised Code. In adopting its rules under this division, the 555
department shall provide for counting any student in a district's 556
category one, two, or three special education ADM in the same 557
proportion the student is counted in formula ADM. 558
(D)(1) "Formula ADM" means the number reported pursuant to 561
division (A) of section 3317.03 of the Revised Code. 562
(2) "Three-year average formula ADM" means the average of 564
a school district's formula ADMs for the current and preceding 566
14
two fiscal years. However, as applicable in fiscal years 1999 567
and 2000, the three-year average shall be determined utilizing 568
the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal 570
year 1997 or 1998. 571
(E) "FY 1997 ADM" or "FY 1998 ADM" means the district's 574
average daily membership reported for the applicable fiscal year 575
under the version of division (A) of section 3317.03 of the 576
Revised Code in effect during that fiscal year, adjusted as 578
follows:
(1) Minus the average daily membership of handicapped 581
preschool children;
(2) Minus one-half of the average daily membership 584
attending kindergarten;
(3) Minus three-fourths of the average daily membership 587
attending a joint vocational school district; 588
(4) Plus the average daily membership entitled under 590
section 3313.64 or 3313.65 of the Revised Code to attend school 592
in the district but receiving educational services in approved 593
units from an educational service center or another school 594
district under a compact or a cooperative education agreement, as 595
determined by the department;
(5) Minus the average daily membership receiving 597
educational services from the district in approved units but 598
entitled under section 3313.64 or 3313.65 of the Revised Code to 599
attend school in another school district, as determined by the 600
department.
(F)(1) "Category one special education ADM" means the 604
average daily membership of handicapped children receiving
special education services for those handicaps specified in 606
division (A) of section 3317.013 of the Revised Code and reported 607
under division (B) of section 3317.03 of the Revised Code. 608
(2) "Category two special education ADM" means the average 612
daily membership of handicapped children receiving special 613
education services for those handicaps specified in division (B) 614
15
of section 3317.013 of the Revised Code and reported under
division (B) of section 3317.03 of the Revised Code. 616
(3) "Category three special education ADM" means the 620
average daily membership of students receiving special education 621
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 622
terms are defined pursuant to Chapter 3323. of the Revised Code, 623
and reported under division (B) of section 3317.03 of the Revised 624
Code.
(G) "Handicapped preschool child" means a handicapped 627
child, as defined in section 3323.01 of the Revised Code, who is 628
at least age three but is not of compulsory school age, as 629
defined in section 3321.01 of the Revised Code, and who has IS 630
not entered CURRENTLY ENROLLED IN kindergarten. 631
(H) "County MR/DD board" means a county board of mental 634
retardation and developmental disabilities. 635
(I) "Recognized valuation" means the amount calculated for 638
a school district pursuant to section 3317.015 of the Revised 639
Code.
(J) "Transportation ADM" means the number of children 642
reported under division (B)(9) of section 3317.03 of the Revised 643
Code.
(K) "Most efficient transportation use cost per 645
transported student" for a district means a statistical 646
representation of transportation costs as calculated under 647
division (D)(4) of section 3317.022 of the Revised Code. 648
(L) "Taxes charged and payable" means the taxes charged 650
and payable against real and public utility property after making 651
the reduction required by section 319.301 of the Revised Code, 652
plus the taxes levied against tangible personal property. 653
(M) "Total taxable value" means the sum of the amounts 656
certified for a city, local, exempted village, or joint 657
vocational school district under divisions (A)(1) and (2) of 658
section 3317.021 of the Revised Code.
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(N)(1) "Cost-of-doing-business factor" means the amount 660
indicated in this division for the county in which the district 661
is located, adjusted in accordance with division (N)(2) of this 663
section. If the district is located in more than one county, the 664
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 665
COST-OF-DOING-BUSINESS 667
COUNTY FACTOR AMOUNT 668
Adams 1.0100 672
Allen 1.0272 673
Ashland 1.0362 674
Ashtabula 1.0540 675
Athens 1.0040 676
Auglaize 1.0300 677
Belmont 1.0101 678
Brown 1.0218 679
Butler 1.0662 680
Carroll 1.0180 681
Champaign 1.0432 682
Clark 1.0489 683
Clermont 1.0498 684
Clinton 1.0287 685
Columbiana 1.0320 686
Coshocton 1.0224 687
Crawford 1.0174 688
Cuyahoga 1.0725 689
Darke 1.0360 690
Defiance 1.0214 691
Delaware 1.0512 692
Erie 1.0414 693
Fairfield 1.0383 694
Fayette 1.0281 695
Franklin 1.0548 696
Fulton 1.0382 697
17
Gallia 1.0000 698
Geauga 1.0608 699
Greene 1.0418 700
Guernsey 1.0091 701
Hamilton 1.0750 702
Hancock 1.0270 703
Hardin 1.0384 704
Harrison 1.0111 705
Henry 1.0389 706
Highland 1.0177 707
Hocking 1.0164 708
Holmes 1.0275 709
Huron 1.0348 710
Jackson 1.0176 711
Jefferson 1.0090 712
Knox 1.0276 713
Lake 1.0627 714
Lawrence 1.0154 715
Licking 1.0418 716
Logan 1.0376 717
Lorain 1.0573 718
Lucas 1.0449 719
Madison 1.0475 720
Mahoning 1.0465 721
Marion 1.0289 722
Medina 1.0656 723
Meigs 1.0016 724
Mercer 1.0209 725
Miami 1.0456 726
Monroe 1.0152 727
Montgomery 1.0484 728
Morgan 1.0168 729
Morrow 1.0293 730
Muskingum 1.0194 731
18
Noble 1.0150 732
Ottawa 1.0529 733
Paulding 1.0216 734
Perry 1.0185 735
Pickaway 1.0350 736
Pike 1.0146 737
Portage 1.0595 738
Preble 1.0523 739
Putnam 1.0308 740
Richland 1.0232 741
Ross 1.0111 742
Sandusky 1.0361 743
Scioto 1.0082 744
Seneca 1.0265 745
Shelby 1.0274 746
Stark 1.0330 747
Summit 1.0642 748
Trumbull 1.0465 749
Tuscarawas 1.0109 750
Union 1.0488 751
Van Wert 1.0181 752
Vinton 1.0065 753
Warren 1.0678 754
Washington 1.0124 755
Wayne 1.0446 756
Williams 1.0316 757
Wood 1.0431 758
Wyandot 1.0227 759
(2) As used in this division, "multiplier" means the 762
number for the corresponding fiscal year as follows: 763
FISCAL YEAR OF THE 765
COMPUTATION MULTIPLIER 766
1998 9.6/7.5 768
1999 11.0/7.5 769
19
2000 12.4/7.5 770
2001 13.8/7.5 771
2002 15.2/7.5 772
2003 16.6/7.5 773
2004 and thereafter 18.0/7.5 774
Beginning in fiscal year 1998, the department shall 777
annually adjust the cost-of-doing-business factor for each county 779
in accordance with the following formula: 780
[(The cost-of-doing-business factor specified under 782
division (N)(1) of this section - 1) X (the multiplier 783
for the fiscal year of the calculation)< + 1 784
The result of such formula shall be the adjusted 786
cost-of-doing-business factor for that fiscal year. 787
(O) "Tax exempt value" of a school district means the 789
amount certified for a school district under division (A)(4) of 790
section 3317.021 of the Revised Code. 791
(P) "Potential value" of a school district means the 793
adjusted total taxable value of a school district plus the tax 795
exempt value of the district. 796
(Q) "District median income" means the median Ohio 798
adjusted gross income certified for a school district. On or 799
before the first day of July of each year, the tax commissioner 800
shall certify to the department of education for each city, 801
exempted village, and local school district the median Ohio 802
adjusted gross income of the residents of the school district 803
determined on the basis of tax returns filed for the second 804
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 806
median income of all city, exempted village, and local school 808
districts in the state.
(S) "Income factor" for a city, exempted village, or local 810
school district means the quotient obtained by dividing that 811
district's median income by the statewide median income. 812
(T) Except as provided in division (B)(3) of section 815
20
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 817
recognized valuation divided by the greater of the district's 818
formula ADM or three-year average formula ADM. 819
(U) Except as provided in section 3317.0213 of the Revised 822
Code, "adjusted valuation per pupil" means the amount calculated 823
in accordance with the following formula: 824
District valuation per pupil - [$60,000 X 826
(1 - district income factor)< 827
If the result of such formula is negative, the adjusted 829
valuation per pupil shall be zero. 830
(V) "Income adjusted valuation" means the product obtained 832
by multiplying the district's adjusted valuation per pupil by the 833
greater of the district's formula ADM or three-year average 835
formula ADM.
(W) Except as provided in division (A)(2) of section 838
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 839
(1) In any fiscal year that a district's income factor is 841
less than or equal to one, the amount calculated under the 842
following formula:
(Income adjusted valuation X 1/5) + 843
(recognized valuation X 4/5) 844
(2) In fiscal year 1999, if a district's income factor is 847
greater than one, the amount calculated under the following 848
formula: 849
(Income adjusted valuation X 1/15) 850
+ (recognized valuation X 14/15) 851
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
21
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
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 882
GUARDIAN, AT THE PARENT'S OR GUARDIAN'S DISCRETION, WITHDRAWS THE 883
CHILD FROM KINDERGARTEN BEFORE THE FIRST FULL SCHOOL WEEK IN 884
OCTOBER. AT ANY TIME DURING THE SCHOOL YEAR, A CHILD'S TEACHER 885
AND PRINCIPAL MAY RECOMMEND THAT THE PARENT OR GUARDIAN WITHDRAW 886
THE CHILD FROM KINDERGARTEN IF, IN CONSULTATION WITH THE PARENT 887
OR GUARDIAN, THEY DETERMINE THAT IT WOULD BE IN THE BEST INTEREST 888
OF THE CHILD TO DO SO, AND A CHILD SO WITHDRAWN SHALL NOT BE 889
CONSIDERED "OF COMPULSORY SCHOOL AGE." The compulsory school age 891
of a child shall not commence until the beginning of the term of 892
such schools, or other time in the school year fixed by the rules 893
of the board of the district in which the child resides. 894
No child shall be admitted to a kindergarten or a first 896
grade of a public school in a district in which all children are 897
admitted to kindergarten and the first grade in August or 898
September unless the child is five or six years of age, 899
respectively, by the thirtieth day of September of the year of 901
admittance, or by the first day of a term or semester other than 902
one beginning in August or September in school districts granting 903
admittance at the beginning of such term or semester, except that 904
22
in those school districts using or obtaining educationally 905
accepted standardized testing programs for determining entrance, 906
as approved by the board of education of such districts, the 907
board shall admit a child to kindergarten or the first grade who 908
fails to meet the age requirement, provided the child meets 909
necessary standards as determined by such standardized testing 910
programs. If the board of education has not established a 911
standardized testing program, the board shall designate the 912
necessary standards and a testing program it will accept for the 913
purpose of admitting a child to kindergarten or first grade who 914
fails to meet the age requirement. Each child who will be the 915
proper age for entrance to kindergarten of OR first grade by the 916
first day of January of the school year for which admission is 918
requested shall be so tested upon the request of the child's 919
parent.
(B) As used in divisions (C) and (D) of this section, 921
"successfully completed kindergarten" and "successful completion 922
of kindergarten" mean that the child has completed the 923
kindergarten requirements at one of the following: 924
(1) A public or chartered nonpublic school; 926
(2) A kindergarten class that is both of the following: 928
(a) Offered by a day-care provider licensed under Chapter 930
5104. of the Revised Code; 931
(b) If offered after July 1, 1991, is directly taught by a 933
teacher who holds one of the following: 934
(i) A valid educator license issued under section 3319.22 937
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 939
diploma granted by the American Montessori society or the 940
association Montessori internationale; 941
(iii) Certification determined under division (G) of this 943
section to be equivalent to that described in division 944
(B)(2)(b)(ii) of this section; 945
(iv) Certification for teachers in nontax-supported 947
23
schools pursuant to section 3301.071 of the Revised Code. 948
(C) Except as provided in division (D) of this section, no 950
school district shall admit to the first grade any child who has 951
not successfully completed kindergarten. 952
(D) Upon request of a parent, the requirement of division 954
(C) of this section may be waived by the district's pupil 955
personnel services committee in the case of a child who is at 956
least six years of age by the thirtieth day of September of the 957
year of admittance and who demonstrates to the satisfaction of 958
the committee the possession of the social, emotional, and 960
cognitive skills necessary for first grade.
The board of education of each city, local, and exempted 962
village school district shall establish a pupil personnel 963
services committee. The committee shall be composed of all of 964
the following to the extent such personnel are either employed by 965
the district or employed by the governing board of the 967
educational service center within whose territory the district is 968
located and the educational service center generally furnishes 969
the services of such personnel to the district: 970
(1) The director of pupil personnel services; 972
(2) An elementary school counselor; 974
(3) An elementary school principal; 976
(4) A school psychologist; 978
(5) A teacher assigned to teach first grade. 980
The responsibilities of the pupil personnel services 982
committee shall be limited to the issuing of waivers allowing 983
admittance to the first grade without the successful completion 984
of kindergarten. The committee shall have no other authority 985
except as specified in this section. 986
(E) The scheduling of times for kindergarten classes and 988
length of the school day for kindergarten shall be determined by 989
the board of education of a city, exempted village, or local 990
school district. 991
(F) Any kindergarten class offered by a day-care provider 993
24
or school described by division (B)(1) or (B)(2)(a) of this 994
section shall be developmentally appropriate. 995
(G) Upon written request of a day-care provider described 997
by division (B)(2)(a) of this section, the department of 998
education shall determine whether certification held by a teacher 999
employed by the provider meets the requirement of division 1,000
(B)(2)(b)(iii) of this section and, if so, shall furnish the 1,001
provider a statement to that effect. 1,002
Sec. 3323.01. As used in this chapter and Chapter 3321. of 1,011
the Revised Code: 1,012
(A) "Handicapped child" means a person under twenty-two 1,014
years of age who is developmentally handicapped, hearing 1,015
handicapped, speech handicapped, visually disabled, severe 1,016
behavior handicapped, orthopedically handicapped, 1,017
multihandicapped, other health handicapped, specific learning 1,018
disabled, autistic, or traumatic brain injured, and by reason 1,019
thereof requires special education. 1,020
(B) "Special education program" means the required related 1,022
services and instruction specifically designed to meet the unique 1,023
needs of a handicapped child, including classroom instruction, 1,024
home instruction, and instruction in hospitals and institutions 1,025
and in other settings. 1,026
(C) "Related services" means transportation, and such 1,028
developmental, corrective, and other supportive services as may 1,029
be required to assist a handicapped child to benefit from special 1,030
education, including the early identification and assessment of 1,031
handicapped conditions in children, speech pathology and 1,032
audiology, psychological services, occupational and physical 1,033
therapy, physical education, recreation, counseling services 1,034
including rehabilitative counseling, and medical services, except 1,035
that such medical services shall be for diagnostic and evaluation 1,036
purposes only. 1,037
(D) "Appropriate public education" means special education 1,039
and related services that: 1,040
25
(1) Are provided at public expense and under public 1,042
supervision; 1,043
(2) Meet the standards of the state board of education; 1,045
(3) Include an appropriate preschool, elementary, or 1,047
secondary education; 1,048
(4) Are provided in conformity with the individualized 1,050
education program required under this chapter. 1,051
(E) "Individualized education program" means a written 1,053
statement for each handicapped child designed to meet the unique 1,054
needs of a handicapped child, which statement shall include: 1,055
(1) A statement of the present levels of educational 1,057
performance of such child; 1,058
(2) A statement of annual goals, including short-term 1,060
instructional objectives; 1,061
(3) A statement of the specific educational services to be 1,063
provided to such child, and the extent to which such child will 1,064
be able to participate in regular educational programs; 1,065
(4) A statement of the transition services needed for such 1,067
child beginning no later than age sixteen and annually thereafter 1,068
(and, when determined appropriate for such child, beginning at 1,069
age fourteen or younger), including, when appropriate, a 1,070
statement of the interagency responsibilities and linkages before 1,071
the student leaves the school setting; 1,072
(5) The projected date for initiation and anticipated 1,074
duration of such services; 1,075
(6) Appropriate objective criteria and evaluation 1,077
procedures and schedules for determining, on at least an annual 1,078
basis, whether instructional objectives are being achieved, and 1,079
whether current placement is appropriate. 1,080
(F) "Other educational agency" means a department, 1,082
division, bureau, office, institution, board, commission, 1,083
committee, authority, or other state or local agency, other than 1,084
a school district or an agency administered by the department of 1,085
mental retardation and developmental disabilities, that provides 1,086
26
or seeks to provide special education or related services to 1,087
handicapped children. 1,088
(G) "School district" means a city, local, or exempted 1,090
village school district. 1,091
(H) "Parents" means either parent. If the parents are 1,093
separated or divorced, "parent" means the parent who is the 1,094
residential parent and legal custodian of the handicapped child. 1,095
Except as used in division (I) of this section and in sections 1,096
3323.09 and 3323.141 of the Revised Code, "parents" includes a 1,097
child's guardian or custodian. This definition does not apply to 1,098
Chapter 3321. of the Revised Code. 1,099
(I) As used in sections 3323.09, 3323.091, 3323.13, and 1,101
3323.14 of the Revised Code, "school district of residence" 1,102
means: 1,103
(1) The school district in which the child's parents 1,105
reside; 1,106
(2) If the school district specified in division (I)(1) of 1,108
this section cannot be determined, the last school district in 1,109
which the child's parents are known to have resided if the 1,110
parents' whereabouts are unknown; 1,111
(3) If the school district specified in division (I)(2) of 1,113
this section cannot be determined, the school district determined 1,114
by the court under section 2151.357 of the Revised Code, or if no 1,115
district has been so determined, the school district as 1,116
determined by the probate court of the county in which the child 1,117
resides. The school district of residence that had been 1,118
established under this section on December 12, 1983, shall remain 1,119
the child's school district of residence unless a district of 1,120
residence can be determined under division (I)(1) or (2) of this 1,121
section. 1,122
(4) Notwithstanding divisions (I)(1) to (3) of this 1,124
section, if a school district is required by section 3313.65 of 1,125
the Revised Code to pay tuition for a child, that district shall 1,126
be the child's school district of residence. 1,127
27
(J) "County MR/DD board" means a county board of mental 1,129
retardation and developmental disabilities. 1,130
(K) "Handicapped preschool child" means a handicapped 1,132
child who is at least three years of age but is not of compulsory 1,133
school age, as defined under section 3321.01 of the Revised Code, 1,134
and who has IS not entered CURRENTLY ENROLLED IN kindergarten. 1,136
(L) "Transition services" means a coordinated set of 1,138
activities for a student, designed within an outcome-oriented 1,139
process, that: 1,140
(1) Promotes movement from school to post-school 1,142
activities, including post-secondary education; vocational 1,143
training; integrated employment, including supported employment; 1,144
continuing and adult education; adult services; independent 1,145
living; and community participation; 1,146
(2) Is based upon the individual student's needs, 1,148
including taking into account the student's preferences and 1,149
interests; 1,150
(3) Includes instruction, community experiences, the 1,152
development of employment and other post-school adult living 1,153
objectives, and, when appropriate, acquisition of daily living 1,154
skills and functional vocational evaluation. 1,155
(M) "Visual disability" for any individual means that one 1,157
of the following applies to the individual: 1,158
(1) The individual has a visual acuity of 20/200 or less 1,160
in the better eye with correcting lenses or has a limited field 1,161
of vision in the better eye such that the widest diameter 1,162
subtends an angular distance of no greater than twenty degrees. 1,163
(2) The individual has a medically indicated expectation 1,165
of meeting the requirements of division (M)(1) of this section 1,166
over a period of time.
(3) The individual has a medically diagnosed and medically 1,168
uncorrectable limitation in visual functioning that adversely 1,169
affects the individual's ability to read and write standard print 1,170
at levels expected of the individual's peers of comparable 1,171
28
ability and grade level.
(N) "Student with a visual disability" means any person 1,173
under twenty-two years of age who has a visual disability. 1,174
(O) "Instruction in braille reading and writing" means the 1,176
teaching of the system of reading and writing through touch 1,177
commonly known as standard English braille. 1,178
Section 2. That existing sections 3313.64, 3317.02, 1,180
3321.01, and 3323.01 of the Revised Code are hereby repealed. 1,181