As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-SUTTON- 10
BARNES-VERICH-HARTLEY-PERRY-HOOPS-SULZER-WILSON-CORBIN- 11
O'BRIEN-JOLIVETTE-DISTEL-TIBERI-MYERS-PATTON-GOODING- 12
WINKLER-BARRETT-WOMER BENJAMIN-AUSTRIA 13
_________________________________________________________________ 14
A B I L L
To amend sections 3313.64, 3317.02, 3321.01, and 16
3323.01 of the Revised Code to require a child 17
under the age of six who attends kindergarten to 18
be considered of compulsory school age. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3313.64, 3317.02, 3321.01, and 23
3323.01 of the Revised Code be amended to read as follows: 24
Sec. 3313.64. (A) As used in this section and in section 33
3313.65 of the Revised Code: 34
(1) "Parent" means either parent, unless the parents are 36
separated or divorced or their marriage has been dissolved or 37
annulled, in which case "parent" means the parent who is the 38
residential parent and legal custodian of the child. When a 39
child is in the legal custody of a government agency or a person 40
other than the child's natural or adoptive parent, "parent" means 41
the parent with residual parental rights, privileges, and 42
responsibilities. When a child is in the permanent custody of a 43
government agency or a person other than the child's natural or 44
adoptive parent, "parent" means the parent who was divested of 45
parental rights and responsibilities for the care of the child 46
and the right to have the child live with the parent and be the 47
2
legal custodian of the child and all residual parental rights, 49
privileges, and responsibilities. 50
(2) "Legal custody," "permanent custody," and "residual 52
parental rights, privileges, and responsibilities" have the same 53
meanings as in section 2151.011 of the Revised Code. 54
(3) "School district" or "district" means a city, local, 56
or exempted village school district and excludes any school 57
operated in an institution maintained by the department of youth 58
services. 59
(4) Except as used in division (C)(2) of this section, 61
"home" means a home, institution, family foster home, group home, 62
or other residential facility in this state that receives and 63
cares for children, to which any of the following applies: 64
(a) The home is licensed, certified, or approved for such 66
purpose by the state or is maintained by the department of youth 67
services. 68
(b) The home is operated by a person who is licensed, 70
certified, or approved by the state to operate the home for such 71
purpose. 72
(c) The home accepted the child through a placement by a 74
person licensed, certified, or approved to place a child in such 75
a home by the state. 76
(d) The home is a children's home created under section 78
5153.21 or 5153.36 of the Revised Code. 79
(5) "Agency" means all of the following: 81
(a) A public children services agency; 83
(b) An organization that holds a certificate issued by the 85
Ohio department of human services in accordance with the 86
requirements of section 5103.03 of the Revised Code and assumes 87
temporary or permanent custody of children through commitment, 88
agreement, or surrender, and places children in family homes for 89
the purpose of adoption; 90
(c) Comparable agencies of other states or countries that 92
have complied with applicable requirements of section 2151.39, or 93
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sections 5103.20 to 5103.28 of the Revised Code. 94
(6) A child is placed for adoption if either of the 96
following occurs: 97
(a) An agency to which the child has been permanently 99
committed or surrendered enters into an agreement with a person 100
pursuant to section 5103.06 of the Revised Code for the care and 101
adoption of the child. 102
(b) The child's natural parent places the child pursuant 104
to section 5103.16 of the Revised Code with a person who will 105
care for and adopt the child. 106
(7) "Handicapped preschool child" means a handicapped 108
child, as defined by division (A) of section 3323.01 of the 109
Revised Code, who is at least three years of age but is not of 110
compulsory school age, as defined in section 3321.01 of the 111
Revised Code, and who has IS not entered CURRENTLY ENROLLED IN 113
kindergarten.
(8) "Child," unless otherwise indicated, includes 115
handicapped preschool children. 116
(B) Except as otherwise provided in section 3321.01 of the 118
Revised Code for admittance to kindergarten and first grade, a 119
child who is at least five but under twenty-two years of age and 120
any handicapped preschool child shall be admitted to school as 121
provided in this division. 122
(1) A child shall be admitted to the schools of the school 124
district in which the child's parent resides. 125
(2) A child who does not reside in the district where the 128
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 130
applies:
(a) The child is in the legal or permanent custody of a 132
government agency or a person other than the child's natural or 134
adoptive parent. 135
(b) The child resides in a home. 137
(c) The child requires special education. 139
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(3) A child who is not entitled under division (B)(2) of 141
this section to be admitted to the schools of the district where 142
the child resides and who is residing with a resident of this 143
state with whom the child has been placed for adoption shall be 145
admitted to the schools of the district where the child resides 147
unless either of the following applies: 148
(a) The placement for adoption has been terminated. 150
(b) Another school district is required to admit the child 152
under division (B)(1) of this section. 153
Division (B) of this section does not prohibit the board of 155
education of a school district from placing a handicapped child 156
who resides in the district in a special education program 157
outside of the district or its schools in compliance with Chapter 158
3323. of the Revised Code. 159
(C) A district shall not charge tuition for children 161
admitted under division (B)(1) or (3) of this section. If the 162
district admits a child under division (B)(2) of this section, 163
tuition shall be paid to the district that admits the child as 164
follows: 165
(1) If the child receives special education in accordance 167
with Chapter 3323. of the Revised Code, tuition shall be paid in 168
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 169
of the Revised Code regardless of who has custody of the child or 170
whether the child resides in a home. 171
(2) Except as otherwise provided in division (C)(2)(d) of 173
this section, if the child is in the permanent or legal custody 174
of a government agency or person other than the child's parent, 175
tuition shall be paid by: 176
(a) The district in which the child's parent resided at 178
the time the court removed the child from home or at the time the 180
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 181
(b) If the parent's residence at the time the court 183
removed the child from home or placed the child in the legal or 185
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permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 186
at the time the child was removed from home or placed in legal or 188
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 190
division (C)(2)(a) or (b) of this section, tuition shall be paid 191
by the district determined as required by section 2151.357 of the 192
Revised Code by the court at the time it vests custody of the 193
child in the person or government agency. 194
(d) If at the time the court removed the child from home 197
or vested legal or permanent custody of the child in the person 198
or government agency, whichever occurred first, one parent was in 199
a residential or correctional facility or a juvenile residential 200
placement and the other parent, if living and not in such a 201
facility or placement, was not known to reside in this state, 202
tuition shall be paid by the district determined under division 203
(D) of section 3313.65 of the Revised Code as the district 204
required to pay any tuition while the parent was in such facility 205
or placement.
(3) If the child is not in the permanent or legal custody 207
of a government agency or person other than the child's parent 209
and the child resides in a home, tuition shall be paid by one of 210
the following:
(a) The school district in which the child's parent 212
resides; 213
(b) If the child's parent is not a resident of this state, 215
the home in which the child resides. 216
(D) Tuition required to be paid under divisions (C)(2) and 218
(3)(a) of this section shall be computed in accordance with 219
section 3317.08 of the Revised Code. Tuition required to be paid 220
under division (C)(3)(b) of this section shall be computed in 221
accordance with section 3317.081 of the Revised Code. If a home 222
fails to pay the tuition required by division (C)(3)(b) of this 223
section, the board of education providing the education may 224
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recover in a civil action the tuition and the expenses incurred 225
in prosecuting the action, including court costs and reasonable 226
attorney's fees. If the prosecuting attorney or city director of 227
law represents the board in such action, costs and reasonable 228
attorney's fees awarded by the court, based upon the prosecuting 229
attorney's, director's, or one of their designee's time spent 231
preparing and presenting the case, shall be deposited in the 232
county or city general fund. 233
(E) A board of education may enroll a child free of any 235
tuition obligation for a period not to exceed sixty days, on the 236
sworn statement of an adult resident of the district that the 237
resident has initiated legal proceedings for custody of the 239
child.
(F) In the case of any individual entitled to attend 241
school under this division, no tuition shall be charged by the 242
school district of attendance and no other school district shall 243
be required to pay tuition for the individual's attendance. 244
Notwithstanding division (B), (C), or (E) of this section: 245
(1) All persons at least eighteen but under twenty-two 247
years of age who live apart from their parents, support 248
themselves by their own labor, and have not successfully 249
completed the high school curriculum or the individualized 250
education program developed for the person by the high school 251
pursuant to section 3323.08 of the Revised Code, are entitled to 252
attend school in the district in which they reside. 253
(2) Any child under eighteen years of age who is married 255
is entitled to attend school in the child's district of 256
residence. 257
(3) A child is entitled to attend school in the district 259
in which either of the child's parents is employed if the child 261
has a medical condition that may require emergency medical 262
attention. The parent of a child entitled to attend school under 263
division (F)(3) of this section shall submit to the board of 264
education of the district in which the parent is employed a 265
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statement from the child's physician certifying that the child's 266
medical condition may require emergency medical attention. The 267
statement shall be supported by such other evidence as the board 268
may require.
(4) Any child residing with a person other than the 270
child's parent is entitled, for a period not to exceed twelve 272
months, to attend school in the district in which that person 273
resides if the child's parent files an affidavit with the 274
superintendent of the district in which the person with whom the 275
child is living resides stating all of the following: 276
(a) That the parent is serving outside of the state in the 278
armed services of the United States; 279
(b) That the parent intends to reside in the district upon 281
returning to this state; 282
(c) The name and address of the person with whom the child 284
is living while the parent is outside the state. 285
(5) Any child under the age of twenty-two years who, after 287
the death of a parent, resides in a school district other than 288
the district in which the child attended school at the time of 289
the parent's death is entitled to continue to attend school in 290
the district in which the child attended school at the time of 291
the parent's death for the remainder of the school year, subject 292
to approval of that district board. 293
(6) A child under the age of twenty-two years who resides 295
with a parent who is having a new house built in a school 296
district outside the district where the parent is residing is 297
entitled to attend school for a period of time in the district 298
where the new house is being built. In order to be entitled to 299
such attendance, the parent shall provide the district 300
superintendent with the following: 301
(a) A sworn statement explaining the situation, revealing 303
the location of the house being built, and stating the parent's 304
intention to reside there upon its completion; 305
(b) A statement from the builder confirming that a new 307
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house is being built for the parent and that the house is at the 308
location indicated in the parent's statement. 309
(7) A child under the age of twenty-two years residing 311
with a parent who has a contract to purchase a house in a school 312
district outside the district where the parent is residing and 313
who is waiting upon the date of closing of the mortgage loan for 314
the purchase of such house is entitled to attend school for a 315
period of time in the district where the house is being 316
purchased. In order to be entitled to such attendance, the 317
parent shall provide the district superintendent with the 318
following: 319
(a) A sworn statement explaining the situation, revealing 321
the location of the house being purchased, and stating the 322
parent's intent to reside there; 323
(b) A statement from a real estate broker or bank officer 325
confirming that the parent has a contract to purchase the house, 326
that the parent is waiting upon the date of closing of the 327
mortgage loan, and that the house is at the location indicated in 328
the parent's statement. 329
The district superintendent shall establish a period of 331
time not to exceed ninety days during which the child entitled to 332
attend school under division (F)(6) or (7) of this section may 333
attend without tuition obligation. A student attending a school 334
under division (F)(6) or (7) of this section shall be eligible to 335
participate in interscholastic athletics under the auspices of 336
that school, provided the board of education of the school 337
district where the student's parent resides, by a formal action, 338
releases the student to participate in interscholastic athletics 339
at the school where the student is attending, and provided the 340
student receives any authorization required by a public agency or 341
private organization of which the school district is a member 342
exercising authority over interscholastic sports. 343
(8) A child whose parent is a full-time employee of a 345
city, local, or exempted village school district may be admitted 346
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to the schools of the district where the child's parent is 347
employed, provided the board of education establishes such an 349
admission policy by resolution adopted by a majority of its 350
members. Any such policy shall take effect on the first day of 351
the school year and the effective date of any amendment or repeal 352
may not be prior to the first day of the subsequent school year. 353
The policy shall be uniformly applied to all such children and 354
shall provide for the admission of any such child upon request of 355
the parent. No child may be admitted under this policy after the 356
first day of classes of any school year. 357
(9) A child who is with the child's parent under the care 359
of a shelter for victims of domestic violence, as defined in 361
section 3113.33 of the Revised Code, is entitled to attend school 362
free in the district in which the child is with his THE CHILD'S 363
parent, and no other school district shall be required to pay 366
tuition for the child's attendance in that school district. 368
The enrollment of a child in a school district under this 370
division shall not be denied due to a delay in the school 371
district's receipt of any records required under section 3313.672 372
of the Revised Code or any other records required for enrollment. 373
Any days of attendance and any credits earned by a child while 374
enrolled in a school district under this division shall be 375
transferred to and accepted by any school district in which the 376
child subsequently enrolls. The state board of education shall 377
adopt rules to ensure compliance with this division. 378
(10) Any child under the age of twenty-two years whose 380
parent has moved out of the school district after the 381
commencement of classes in the child's senior year of high school 382
is entitled, subject to the approval of that district board, to 383
attend school in the district in which the child attended school 384
at the time of the parental move for the remainder of the school 385
year and for one additional semester or equivalent term. A 387
district board may also adopt a policy specifying extenuating 388
circumstances under which a student may continue to attend school 389
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under division (F)(10) of this section for an additional period 390
of time in order to successfully complete the high school 391
curriculum for the individualized education program developed for 392
the student by the high school pursuant to section 3323.08 of the 393
Revised Code.
(11) As used in this division, "grandparent" means a 395
parent of a parent of a child. A child under the age of 396
twenty-two years who is in the custody of the child's parent, 398
resides with a grandparent, and does not require special 399
education is entitled to attend the schools of the district in 400
which the child's grandparent resides, provided that, prior to 402
such attendance in any school year, the board of education of the 403
school district in which the child's grandparent resides and the 404
board of education of the school district in which the child's 406
parent resides enter into a written agreement specifying that 408
good cause exists for such attendance, describing the nature of 409
this good cause, and consenting to such attendance. 410
In lieu of a consent form signed by a parent, a board of 412
education may request the grandparent of a child attending school 413
in the district in which the grandparent resides pursuant to 414
division (F)(11) of this section to complete any consent form 415
required by the district, including any authorization required by 416
sections 3313.712 and 3313.713 of the Revised Code. Upon 417
request, the grandparent shall complete any consent form required 418
by the district. A school district shall not incur any liability 419
solely because of its receipt of a consent form from a 420
grandparent in lieu of a parent. 421
Division (F)(11) of this section does not create, and shall 424
not be construed as creating, a new cause of action or 425
substantive legal right against a school district, a member of a 426
board of education, or an employee of a school district. This 427
section does not affect, and shall not be construed as affecting, 428
any immunities from defenses to tort liability created or 429
recognized by Chapter 2744. of the Revised Code for a school 430
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district, member, or employee.
(12) A child under the age of twenty-two years is entitled 433
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 435
(C), or (E) of this section provided that, prior to such 437
attendance in any school year, both of the following occur: 438
(a) The superintendent of the district in which the child 440
is entitled to attend school under division (B), (C), or (E) of 443
this section contacts the superintendent of another district for
purposes of this division; 445
(b) The superintendents of both districts enter into a 448
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 450
physical or mental well-being or to deal with other extenuating 451
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 453
student who is not receiving special education under Chapter 454
3323. of the Revised Code and notwithstanding Chapter 3327. of 455
the Revised Code, the board of education of neither school 456
district involved in the agreement is required to provide 457
transportation for the student to and from the school where the 458
student attends.
A student attending a school of a district pursuant to this 460
division shall be allowed to participate in all student 461
activities, including interscholastic athletics, at the school 462
where the student is attending on the same basis as any student 463
who has always attended the schools of that district while of 464
compulsory school age.
(G) A board of education, after approving admission, may 466
waive tuition for students who will temporarily reside in the 467
district and who are either of the following: 468
(1) Residents or domiciliaries of a foreign nation who 470
request admission as foreign exchange students; 471
(2) Residents or domiciliaries of the United States but 473
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not of Ohio who request admission as participants in an exchange 474
program operated by a student exchange organization. 475
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 477
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 478
attend school or participate in a special education program in a 479
school district other than in the district where the child is 480
entitled to attend school under division (B) of this section. 481
(I) This division does not apply to a child receiving 483
special education. 484
A school district required to pay tuition pursuant to 486
division (C)(2) or (3) of this section or section 3313.65 of the 487
Revised Code shall have an amount deducted under division (F) of 489
section 3317.023 of the Revised Code equal to its own tuition 490
rate for the same period of attendance. A school district 491
entitled to receive tuition pursuant to division (C)(2) or (3) of 492
this section or section 3313.65 of the Revised Code shall have an 493
amount credited under division (F) of section 3317.023 of the 495
Revised Code equal to its own tuition rate for the same period of 496
attendance. If the tuition rate credited to the district of 497
attendance exceeds the rate deducted from the district required 498
to pay tuition, the department of education shall pay the 499
district of attendance the difference from amounts deducted from 500
all districts' payments under division (F) of section 3317.023 of 502
the Revised Code but not credited to other school districts under 503
such division and from appropriations made for such purpose. The 504
treasurer of each school district shall, by the fifteenth day of 505
January and July, furnish the superintendent of public 506
instruction a report of the names of each child who attended the 507
district's schools under divisions (C)(2) and (3) of this section 508
or section 3313.65 of the Revised Code during the preceding six 509
calendar months, the duration of the attendance of those 510
children, the school district responsible for tuition on behalf 511
of the child, and any other information that the superintendent 512
requires. 513
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Upon receipt of the report the superintendent, pursuant to 515
division (F) of section 3317.023 of the Revised Code, shall 516
deduct each district's tuition obligations under divisions (C)(2) 517
and (3) of this section or section 3313.65 of the Revised Code 518
and pay to the district of attendance that amount plus any amount 519
required to be paid by the state. 520
(J) In the event of a disagreement, the superintendent of 522
public instruction shall determine the school district in which 523
the parent resides. 524
(K) Nothing in this section requires or authorizes, or 526
shall be construed to require or authorize, the admission to a 527
public school in this state of a pupil who has been permanently 528
excluded from public school attendance by the superintendent of 529
public instruction pursuant to sections 3301.121 and 3313.662 of 530
the Revised Code. 531
Sec. 3317.02. As used in this chapter: 540
(A) Unless otherwise specified, "school district" means 542
city, local, and exempted village school districts. 543
(B) "Formula amount" means the base cost for the fiscal 545
year specified in section 3317.012 of the Revised Code, except 547
that to allow for the orderly phase-in of the increased funding 548
specified in that section, the formula amount for fiscal year 549
1999 shall be $3,851; the formula amount for fiscal year 2000 550
shall be $4,038; and the formula amount for fiscal year 2001 551
shall be $4,226. Thereafter, the formula amount shall be as 552
specified in that section.
(C) "FTE basis" means a count of students based on 555
full-time equivalency, in accordance with rules adopted by the 556
department of education pursuant to section 3317.03 of the 557
Revised Code. In adopting its rules under this division, the 558
department shall provide for counting any student in a district's 559
category one, two, or three special education ADM in the same 560
proportion the student is counted in formula ADM. 561
(D)(1) "Formula ADM" means the number reported pursuant to 564
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division (A) of section 3317.03 of the Revised Code. 565
(2) "Three-year average formula ADM" means the average of 567
a school district's formula ADMs for the current and preceding 569
two fiscal years. However, as applicable in fiscal years 1999 570
and 2000, the three-year average shall be determined utilizing 571
the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal 573
year 1997 or 1998. 574
(E) "FY 1997 ADM" or "FY 1998 ADM" means the district's 577
average daily membership reported for the applicable fiscal year 578
under the version of division (A) of section 3317.03 of the 579
Revised Code in effect during that fiscal year, adjusted as 581
follows:
(1) Minus the average daily membership of handicapped 584
preschool children;
(2) Minus one-half of the average daily membership 587
attending kindergarten;
(3) Minus three-fourths of the average daily membership 590
attending a joint vocational school district; 591
(4) Plus the average daily membership entitled under 593
section 3313.64 or 3313.65 of the Revised Code to attend school 595
in the district but receiving educational services in approved 596
units from an educational service center or another school 597
district under a compact or a cooperative education agreement, as 598
determined by the department;
(5) Minus the average daily membership receiving 600
educational services from the district in approved units but 601
entitled under section 3313.64 or 3313.65 of the Revised Code to 602
attend school in another school district, as determined by the 603
department.
(F)(1) "Category one special education ADM" means the 607
average daily membership of handicapped children receiving
special education services for those handicaps specified in 609
division (A) of section 3317.013 of the Revised Code and reported 610
under division (B) of section 3317.03 of the Revised Code. 611
15
(2) "Category two special education ADM" means the average 615
daily membership of handicapped children receiving special 616
education services for those handicaps specified in division (B) 617
of section 3317.013 of the Revised Code and reported under
division (B) of section 3317.03 of the Revised Code. 619
(3) "Category three special education ADM" means the 623
average daily membership of students receiving special education 624
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 625
terms are defined pursuant to Chapter 3323. of the Revised Code, 626
and reported under division (B) of section 3317.03 of the Revised 627
Code.
(G) "Handicapped preschool child" means a handicapped 630
child, as defined in section 3323.01 of the Revised Code, who is 631
at least age three but is not of compulsory school age, as 632
defined in section 3321.01 of the Revised Code, and who has IS 633
not entered CURRENTLY ENROLLED IN kindergarten. 634
(H) "County MR/DD board" means a county board of mental 637
retardation and developmental disabilities. 638
(I) "Recognized valuation" means the amount calculated for 641
a school district pursuant to section 3317.015 of the Revised 642
Code.
(J) "Transportation ADM" means the number of children 645
reported under division (B)(9) of section 3317.03 of the Revised 646
Code.
(K) "Most efficient transportation use cost per 648
transported student" for a district means a statistical 649
representation of transportation costs as calculated under 650
division (D)(4) of section 3317.022 of the Revised Code. 651
(L) "Taxes charged and payable" means the taxes charged 653
and payable against real and public utility property after making 654
the reduction required by section 319.301 of the Revised Code, 655
plus the taxes levied against tangible personal property. 656
(M) "Total taxable value" means the sum of the amounts 659
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certified for a city, local, exempted village, or joint 660
vocational school district under divisions (A)(1) and (2) of 661
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 663
indicated in this division for the county in which the district 664
is located, adjusted in accordance with division (N)(2) of this 666
section. If the district is located in more than one county, the 667
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 668
COST-OF-DOING-BUSINESS 670
COUNTY FACTOR AMOUNT 671
Adams 1.0100 675
Allen 1.0272 676
Ashland 1.0362 677
Ashtabula 1.0540 678
Athens 1.0040 679
Auglaize 1.0300 680
Belmont 1.0101 681
Brown 1.0218 682
Butler 1.0662 683
Carroll 1.0180 684
Champaign 1.0432 685
Clark 1.0489 686
Clermont 1.0498 687
Clinton 1.0287 688
Columbiana 1.0320 689
Coshocton 1.0224 690
Crawford 1.0174 691
Cuyahoga 1.0725 692
Darke 1.0360 693
Defiance 1.0214 694
Delaware 1.0512 695
Erie 1.0414 696
Fairfield 1.0383 697
17
Fayette 1.0281 698
Franklin 1.0548 699
Fulton 1.0382 700
Gallia 1.0000 701
Geauga 1.0608 702
Greene 1.0418 703
Guernsey 1.0091 704
Hamilton 1.0750 705
Hancock 1.0270 706
Hardin 1.0384 707
Harrison 1.0111 708
Henry 1.0389 709
Highland 1.0177 710
Hocking 1.0164 711
Holmes 1.0275 712
Huron 1.0348 713
Jackson 1.0176 714
Jefferson 1.0090 715
Knox 1.0276 716
Lake 1.0627 717
Lawrence 1.0154 718
Licking 1.0418 719
Logan 1.0376 720
Lorain 1.0573 721
Lucas 1.0449 722
Madison 1.0475 723
Mahoning 1.0465 724
Marion 1.0289 725
Medina 1.0656 726
Meigs 1.0016 727
Mercer 1.0209 728
Miami 1.0456 729
Monroe 1.0152 730
Montgomery 1.0484 731
18
Morgan 1.0168 732
Morrow 1.0293 733
Muskingum 1.0194 734
Noble 1.0150 735
Ottawa 1.0529 736
Paulding 1.0216 737
Perry 1.0185 738
Pickaway 1.0350 739
Pike 1.0146 740
Portage 1.0595 741
Preble 1.0523 742
Putnam 1.0308 743
Richland 1.0232 744
Ross 1.0111 745
Sandusky 1.0361 746
Scioto 1.0082 747
Seneca 1.0265 748
Shelby 1.0274 749
Stark 1.0330 750
Summit 1.0642 751
Trumbull 1.0465 752
Tuscarawas 1.0109 753
Union 1.0488 754
Van Wert 1.0181 755
Vinton 1.0065 756
Warren 1.0678 757
Washington 1.0124 758
Wayne 1.0446 759
Williams 1.0316 760
Wood 1.0431 761
Wyandot 1.0227 762
(2) As used in this division, "multiplier" means the 765
number for the corresponding fiscal year as follows: 766
FISCAL YEAR OF THE 768
19
COMPUTATION MULTIPLIER 769
1998 9.6/7.5 771
1999 11.0/7.5 772
2000 12.4/7.5 773
2001 13.8/7.5 774
2002 15.2/7.5 775
2003 16.6/7.5 776
2004 and thereafter 18.0/7.5 777
Beginning in fiscal year 1998, the department shall 780
annually adjust the cost-of-doing-business factor for each county 782
in accordance with the following formula: 783
[(The cost-of-doing-business factor specified under 785
division (N)(1) of this section - 1) X (the multiplier 786
for the fiscal year of the calculation)< + 1 787
The result of such formula shall be the adjusted 789
cost-of-doing-business factor for that fiscal year. 790
(O) "Tax exempt value" of a school district means the 792
amount certified for a school district under division (A)(4) of 793
section 3317.021 of the Revised Code. 794
(P) "Potential value" of a school district means the 796
adjusted total taxable value of a school district plus the tax 798
exempt value of the district. 799
(Q) "District median income" means the median Ohio 801
adjusted gross income certified for a school district. On or 802
before the first day of July of each year, the tax commissioner 803
shall certify to the department of education for each city, 804
exempted village, and local school district the median Ohio 805
adjusted gross income of the residents of the school district 806
determined on the basis of tax returns filed for the second 807
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 809
median income of all city, exempted village, and local school 811
districts in the state.
(S) "Income factor" for a city, exempted village, or local 813
20
school district means the quotient obtained by dividing that 814
district's median income by the statewide median income. 815
(T) Except as provided in division (B)(3) of section 818
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 820
recognized valuation divided by the greater of the district's 821
formula ADM or three-year average formula ADM. 822
(U) Except as provided in section 3317.0213 of the Revised 825
Code, "adjusted valuation per pupil" means the amount calculated 826
in accordance with the following formula: 827
District valuation per pupil - [$60,000 X 829
(1 - district income factor)< 830
If the result of such formula is negative, the adjusted 832
valuation per pupil shall be zero. 833
(V) "Income adjusted valuation" means the product obtained 835
by multiplying the district's adjusted valuation per pupil by the 836
greater of the district's formula ADM or three-year average 838
formula ADM.
(W) Except as provided in division (A)(2) of section 841
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 842
(1) In any fiscal year that a district's income factor is 844
less than or equal to one, the amount calculated under the 845
following formula:
(Income adjusted valuation X 1/5) + 846
(recognized valuation X 4/5) 847
(2) In fiscal year 1999, if a district's income factor is 850
greater than one, the amount calculated under the following 851
formula: 852
(Income adjusted valuation X 1/15) 853
+ (recognized valuation X 14/15) 854
Thereafter, the adjusted total taxable value of a district 856
with an income factor greater than one shall be its recognized 858
valuation.
21
Sec. 3321.01. (A) As used in this chapter, "parent," 867
"guardian," or "other person having charge or care of a child" 868
means either parent unless the parents are separated or divorced 869
or their marriage has been dissolved or annulled, in which case 870
"parent" means the parent who is the residential parent and legal 871
custodian of the child. If the child is in the legal or 872
permanent custody of a person or government agency, "parent" 873
means that person or government agency. When a child is a 874
resident of a home, as defined in section 3313.64 of the Revised 875
Code, and the child's parent is not a resident of this state, 876
"parent," "guardian," or "other person having charge or care of a 877
child" means the head of the home. 878
A child between six and eighteen years of age is "of 880
compulsory school age" for the purpose of sections 3321.01 to 881
3321.13 of the Revised Code. A CHILD UNDER SIX YEARS OF AGE WHO 882
HAS BEEN ENROLLED IN KINDERGARTEN ALSO SHALL BE CONSIDERED "OF 883
COMPULSORY SCHOOL AGE" FOR THE PURPOSE OF SECTIONS 3321.01 TO 884
3321.13 OF THE REVISED CODE UNLESS AT ANY TIME THE CHILD'S PARENT 885
OR GUARDIAN, AT THE PARENT'S OR GUARDIAN'S DISCRETION AND IN 886
CONSULTATION WITH THE CHILD'S TEACHER AND PRINCIPAL, FORMALLY 887
WITHDRAWS THE CHILD FROM KINDERGARTEN. The compulsory school age 889
of a child shall not commence until the beginning of the term of 890
such schools, or other time in the school year fixed by the rules 891
of the board of the district in which the child resides. 892
No child shall be admitted to a kindergarten or a first 894
grade of a public school in a district in which all children are 895
admitted to kindergarten and the first grade in August or 896
September unless the child is five or six years of age, 897
respectively, by the thirtieth day of September of the year of 899
admittance, or by the first day of a term or semester other than 900
one beginning in August or September in school districts granting 901
admittance at the beginning of such term or semester, except that 902
in those school districts using or obtaining educationally 903
accepted standardized testing programs for determining entrance, 904
22
as approved by the board of education of such districts, the 905
board shall admit a child to kindergarten or the first grade who 906
fails to meet the age requirement, provided the child meets 907
necessary standards as determined by such standardized testing 908
programs. If the board of education has not established a 909
standardized testing program, the board shall designate the 910
necessary standards and a testing program it will accept for the 911
purpose of admitting a child to kindergarten or first grade who 912
fails to meet the age requirement. Each child who will be the 913
proper age for entrance to kindergarten of OR first grade by the 914
first day of January of the school year for which admission is 916
requested shall be so tested upon the request of the child's 917
parent.
(B) As used in divisions (C) and (D) of this section, 919
"successfully completed kindergarten" and "successful completion 920
of kindergarten" mean that the child has completed the 921
kindergarten requirements at one of the following: 922
(1) A public or chartered nonpublic school; 924
(2) A kindergarten class that is both of the following: 926
(a) Offered by a day-care provider licensed under Chapter 928
5104. of the Revised Code; 929
(b) If offered after July 1, 1991, is directly taught by a 931
teacher who holds one of the following: 932
(i) A valid educator license issued under section 3319.22 935
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 937
diploma granted by the American Montessori society or the 938
association Montessori internationale; 939
(iii) Certification determined under division (G) of this 941
section to be equivalent to that described in division 942
(B)(2)(b)(ii) of this section; 943
(iv) Certification for teachers in nontax-supported 945
schools pursuant to section 3301.071 of the Revised Code. 946
(C) Except as provided in division (D) of this section, no 948
23
school district shall admit to the first grade any child who has 949
not successfully completed kindergarten. 950
(D) Upon request of a parent, the requirement of division 952
(C) of this section may be waived by the district's pupil 953
personnel services committee in the case of a child who is at 954
least six years of age by the thirtieth day of September of the 955
year of admittance and who demonstrates to the satisfaction of 956
the committee the possession of the social, emotional, and 958
cognitive skills necessary for first grade.
The board of education of each city, local, and exempted 960
village school district shall establish a pupil personnel 961
services committee. The committee shall be composed of all of 962
the following to the extent such personnel are either employed by 963
the district or employed by the governing board of the 965
educational service center within whose territory the district is 966
located and the educational service center generally furnishes 967
the services of such personnel to the district: 968
(1) The director of pupil personnel services; 970
(2) An elementary school counselor; 972
(3) An elementary school principal; 974
(4) A school psychologist; 976
(5) A teacher assigned to teach first grade. 978
The responsibilities of the pupil personnel services 980
committee shall be limited to the issuing of waivers allowing 981
admittance to the first grade without the successful completion 982
of kindergarten. The committee shall have no other authority 983
except as specified in this section. 984
(E) The scheduling of times for kindergarten classes and 986
length of the school day for kindergarten shall be determined by 987
the board of education of a city, exempted village, or local 988
school district. 989
(F) Any kindergarten class offered by a day-care provider 991
or school described by division (B)(1) or (B)(2)(a) of this 992
section shall be developmentally appropriate. 993
24
(G) Upon written request of a day-care provider described 995
by division (B)(2)(a) of this section, the department of 996
education shall determine whether certification held by a teacher 997
employed by the provider meets the requirement of division 998
(B)(2)(b)(iii) of this section and, if so, shall furnish the 999
provider a statement to that effect. 1,000
Sec. 3323.01. As used in this chapter and Chapter 3321. of 1,009
the Revised Code: 1,010
(A) "Handicapped child" means a person under twenty-two 1,012
years of age who is developmentally handicapped, hearing 1,013
handicapped, speech handicapped, visually disabled, severe 1,014
behavior handicapped, orthopedically handicapped, 1,015
multihandicapped, other health handicapped, specific learning 1,016
disabled, autistic, or traumatic brain injured, and by reason 1,017
thereof requires special education. 1,018
(B) "Special education program" means the required related 1,020
services and instruction specifically designed to meet the unique 1,021
needs of a handicapped child, including classroom instruction, 1,022
home instruction, and instruction in hospitals and institutions 1,023
and in other settings. 1,024
(C) "Related services" means transportation, and such 1,026
developmental, corrective, and other supportive services as may 1,027
be required to assist a handicapped child to benefit from special 1,028
education, including the early identification and assessment of 1,029
handicapped conditions in children, speech pathology and 1,030
audiology, psychological services, occupational and physical 1,031
therapy, physical education, recreation, counseling services 1,032
including rehabilitative counseling, and medical services, except 1,033
that such medical services shall be for diagnostic and evaluation 1,034
purposes only. 1,035
(D) "Appropriate public education" means special education 1,037
and related services that: 1,038
(1) Are provided at public expense and under public 1,040
supervision; 1,041
25
(2) Meet the standards of the state board of education; 1,043
(3) Include an appropriate preschool, elementary, or 1,045
secondary education; 1,046
(4) Are provided in conformity with the individualized 1,048
education program required under this chapter. 1,049
(E) "Individualized education program" means a written 1,051
statement for each handicapped child designed to meet the unique 1,052
needs of a handicapped child, which statement shall include: 1,053
(1) A statement of the present levels of educational 1,055
performance of such child; 1,056
(2) A statement of annual goals, including short-term 1,058
instructional objectives; 1,059
(3) A statement of the specific educational services to be 1,061
provided to such child, and the extent to which such child will 1,062
be able to participate in regular educational programs; 1,063
(4) A statement of the transition services needed for such 1,065
child beginning no later than age sixteen and annually thereafter 1,066
(and, when determined appropriate for such child, beginning at 1,067
age fourteen or younger), including, when appropriate, a 1,068
statement of the interagency responsibilities and linkages before 1,069
the student leaves the school setting; 1,070
(5) The projected date for initiation and anticipated 1,072
duration of such services; 1,073
(6) Appropriate objective criteria and evaluation 1,075
procedures and schedules for determining, on at least an annual 1,076
basis, whether instructional objectives are being achieved, and 1,077
whether current placement is appropriate. 1,078
(F) "Other educational agency" means a department, 1,080
division, bureau, office, institution, board, commission, 1,081
committee, authority, or other state or local agency, other than 1,082
a school district or an agency administered by the department of 1,083
mental retardation and developmental disabilities, that provides 1,084
or seeks to provide special education or related services to 1,085
handicapped children. 1,086
26
(G) "School district" means a city, local, or exempted 1,088
village school district. 1,089
(H) "Parents" means either parent. If the parents are 1,091
separated or divorced, "parent" means the parent who is the 1,092
residential parent and legal custodian of the handicapped child. 1,093
Except as used in division (I) of this section and in sections 1,094
3323.09 and 3323.141 of the Revised Code, "parents" includes a 1,095
child's guardian or custodian. This definition does not apply to 1,096
Chapter 3321. of the Revised Code. 1,097
(I) As used in sections 3323.09, 3323.091, 3323.13, and 1,099
3323.14 of the Revised Code, "school district of residence" 1,100
means: 1,101
(1) The school district in which the child's parents 1,103
reside; 1,104
(2) If the school district specified in division (I)(1) of 1,106
this section cannot be determined, the last school district in 1,107
which the child's parents are known to have resided if the 1,108
parents' whereabouts are unknown; 1,109
(3) If the school district specified in division (I)(2) of 1,111
this section cannot be determined, the school district determined 1,112
by the court under section 2151.357 of the Revised Code, or if no 1,113
district has been so determined, the school district as 1,114
determined by the probate court of the county in which the child 1,115
resides. The school district of residence that had been 1,116
established under this section on December 12, 1983, shall remain 1,117
the child's school district of residence unless a district of 1,118
residence can be determined under division (I)(1) or (2) of this 1,119
section. 1,120
(4) Notwithstanding divisions (I)(1) to (3) of this 1,122
section, if a school district is required by section 3313.65 of 1,123
the Revised Code to pay tuition for a child, that district shall 1,124
be the child's school district of residence. 1,125
(J) "County MR/DD board" means a county board of mental 1,127
retardation and developmental disabilities. 1,128
27
(K) "Handicapped preschool child" means a handicapped 1,130
child who is at least three years of age but is not of compulsory 1,131
school age, as defined under section 3321.01 of the Revised Code, 1,132
and who has IS not entered CURRENTLY ENROLLED IN kindergarten. 1,134
(L) "Transition services" means a coordinated set of 1,136
activities for a student, designed within an outcome-oriented 1,137
process, that: 1,138
(1) Promotes movement from school to post-school 1,140
activities, including post-secondary education; vocational 1,141
training; integrated employment, including supported employment; 1,142
continuing and adult education; adult services; independent 1,143
living; and community participation; 1,144
(2) Is based upon the individual student's needs, 1,146
including taking into account the student's preferences and 1,147
interests; 1,148
(3) Includes instruction, community experiences, the 1,150
development of employment and other post-school adult living 1,151
objectives, and, when appropriate, acquisition of daily living 1,152
skills and functional vocational evaluation. 1,153
(M) "Visual disability" for any individual means that one 1,155
of the following applies to the individual: 1,156
(1) The individual has a visual acuity of 20/200 or less 1,158
in the better eye with correcting lenses or has a limited field 1,159
of vision in the better eye such that the widest diameter 1,160
subtends an angular distance of no greater than twenty degrees. 1,161
(2) The individual has a medically indicated expectation 1,163
of meeting the requirements of division (M)(1) of this section 1,164
over a period of time.
(3) The individual has a medically diagnosed and medically 1,166
uncorrectable limitation in visual functioning that adversely 1,167
affects the individual's ability to read and write standard print 1,168
at levels expected of the individual's peers of comparable 1,169
ability and grade level.
(N) "Student with a visual disability" means any person 1,171
28
under twenty-two years of age who has a visual disability. 1,172
(O) "Instruction in braille reading and writing" means the 1,174
teaching of the system of reading and writing through touch 1,175
commonly known as standard English braille. 1,176
Section 2. That existing sections 3313.64, 3317.02, 1,178
3321.01, and 3323.01 of the Revised Code are hereby repealed. 1,179