As Reported by the Senate Education Committee 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- 14
SENATORS GARDNER-SCHAFRATH-KEARNS
_________________________________________________________________ 16
A B I L L
To amend sections 3313.64, 3317.02, 3321.01, and 18
3323.01 of the Revised Code to require a child 19
under the age of six who attends kindergarten to 20
be considered of compulsory school age. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3313.64, 3317.02, 3321.01, and 25
3323.01 of the Revised Code be amended to read as follows: 26
Sec. 3313.64. (A) As used in this section and in section 35
3313.65 of the Revised Code: 36
(1) "Parent" means either parent, unless the parents are 38
separated or divorced or their marriage has been dissolved or 39
annulled, in which case "parent" means the parent who is the 40
residential parent and legal custodian of the child. When a 41
child is in the legal custody of a government agency or a person 42
other than the child's natural or adoptive parent, "parent" means 43
the parent with residual parental rights, privileges, and 44
responsibilities. When a child is in the permanent custody of a 45
government agency or a person other than the child's natural or 46
adoptive parent, "parent" means the parent who was divested of 47
parental rights and responsibilities for the care of the child 48
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and the right to have the child live with the parent and be the 49
legal custodian of the child and all residual parental rights, 51
privileges, and responsibilities. 52
(2) "Legal custody," "permanent custody," and "residual 54
parental rights, privileges, and responsibilities" have the same 55
meanings as in section 2151.011 of the Revised Code. 56
(3) "School district" or "district" means a city, local, 58
or exempted village school district and excludes any school 59
operated in an institution maintained by the department of youth 60
services. 61
(4) Except as used in division (C)(2) of this section, 63
"home" means a home, institution, family foster home, group home, 64
or other residential facility in this state that receives and 65
cares for children, to which any of the following applies: 66
(a) The home is licensed, certified, or approved for such 68
purpose by the state or is maintained by the department of youth 69
services. 70
(b) The home is operated by a person who is licensed, 72
certified, or approved by the state to operate the home for such 73
purpose. 74
(c) The home accepted the child through a placement by a 76
person licensed, certified, or approved to place a child in such 77
a home by the state. 78
(d) The home is a children's home created under section 80
5153.21 or 5153.36 of the Revised Code. 81
(5) "Agency" means all of the following: 83
(a) A public children services agency; 85
(b) An organization that holds a certificate issued by the 87
Ohio department of human services in accordance with the 88
requirements of section 5103.03 of the Revised Code and assumes 89
temporary or permanent custody of children through commitment, 90
agreement, or surrender, and places children in family homes for 91
the purpose of adoption; 92
(c) Comparable agencies of other states or countries that 94
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have complied with applicable requirements of section 2151.39, or 95
sections 5103.20 to 5103.28 of the Revised Code. 96
(6) A child is placed for adoption if either of the 98
following occurs: 99
(a) An agency to which the child has been permanently 101
committed or surrendered enters into an agreement with a person 102
pursuant to section 5103.06 of the Revised Code for the care and 103
adoption of the child. 104
(b) The child's natural parent places the child pursuant 106
to section 5103.16 of the Revised Code with a person who will 107
care for and adopt the child. 108
(7) "Handicapped preschool child" means a handicapped 110
child, as defined by division (A) of section 3323.01 of the 111
Revised Code, who is at least three years of age but is not of 112
compulsory school age, as defined in section 3321.01 of the 113
Revised Code, and who has IS not entered CURRENTLY ENROLLED IN 115
kindergarten.
(8) "Child," unless otherwise indicated, includes 117
handicapped preschool children. 118
(B) Except as otherwise provided in section 3321.01 of the 120
Revised Code for admittance to kindergarten and first grade, a 121
child who is at least five but under twenty-two years of age and 122
any handicapped preschool child shall be admitted to school as 123
provided in this division. 124
(1) A child shall be admitted to the schools of the school 126
district in which the child's parent resides. 127
(2) A child who does not reside in the district where the 130
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 132
applies:
(a) The child is in the legal or permanent custody of a 134
government agency or a person other than the child's natural or 136
adoptive parent. 137
(b) The child resides in a home. 139
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(c) The child requires special education. 141
(3) A child who is not entitled under division (B)(2) of 143
this section to be admitted to the schools of the district where 144
the child resides and who is residing with a resident of this 145
state with whom the child has been placed for adoption shall be 147
admitted to the schools of the district where the child resides 149
unless either of the following applies: 150
(a) The placement for adoption has been terminated. 152
(b) Another school district is required to admit the child 154
under division (B)(1) of this section. 155
Division (B) of this section does not prohibit the board of 157
education of a school district from placing a handicapped child 158
who resides in the district in a special education program 159
outside of the district or its schools in compliance with Chapter 160
3323. of the Revised Code. 161
(C) A district shall not charge tuition for children 163
admitted under division (B)(1) or (3) of this section. If the 164
district admits a child under division (B)(2) of this section, 165
tuition shall be paid to the district that admits the child as 166
follows: 167
(1) If the child receives special education in accordance 169
with Chapter 3323. of the Revised Code, tuition shall be paid in 170
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 171
of the Revised Code regardless of who has custody of the child or 172
whether the child resides in a home. 173
(2) Except as otherwise provided in division (C)(2)(d) of 175
this section, if the child is in the permanent or legal custody 176
of a government agency or person other than the child's parent, 177
tuition shall be paid by: 178
(a) The district in which the child's parent resided at 180
the time the court removed the child from home or at the time the 182
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 183
(b) If the parent's residence at the time the court 185
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removed the child from home or placed the child in the legal or 187
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 188
at the time the child was removed from home or placed in legal or 190
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 192
division (C)(2)(a) or (b) of this section, tuition shall be paid 193
by the district determined as required by section 2151.357 of the 194
Revised Code by the court at the time it vests custody of the 195
child in the person or government agency. 196
(d) If at the time the court removed the child from home 199
or vested legal or permanent custody of the child in the person 200
or government agency, whichever occurred first, one parent was in 201
a residential or correctional facility or a juvenile residential 202
placement and the other parent, if living and not in such a 203
facility or placement, was not known to reside in this state, 204
tuition shall be paid by the district determined under division 205
(D) of section 3313.65 of the Revised Code as the district 206
required to pay any tuition while the parent was in such facility 207
or placement.
(3) If the child is not in the permanent or legal custody 209
of a government agency or person other than the child's parent 211
and the child resides in a home, tuition shall be paid by one of 212
the following:
(a) The school district in which the child's parent 214
resides; 215
(b) If the child's parent is not a resident of this state, 217
the home in which the child resides. 218
(D) Tuition required to be paid under divisions (C)(2) and 220
(3)(a) of this section shall be computed in accordance with 221
section 3317.08 of the Revised Code. Tuition required to be paid 222
under division (C)(3)(b) of this section shall be computed in 223
accordance with section 3317.081 of the Revised Code. If a home 224
fails to pay the tuition required by division (C)(3)(b) of this 225
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section, the board of education providing the education may 226
recover in a civil action the tuition and the expenses incurred 227
in prosecuting the action, including court costs and reasonable 228
attorney's fees. If the prosecuting attorney or city director of 229
law represents the board in such action, costs and reasonable 230
attorney's fees awarded by the court, based upon the prosecuting 231
attorney's, director's, or one of their designee's time spent 233
preparing and presenting the case, shall be deposited in the 234
county or city general fund. 235
(E) A board of education may enroll a child free of any 237
tuition obligation for a period not to exceed sixty days, on the 238
sworn statement of an adult resident of the district that the 239
resident has initiated legal proceedings for custody of the 241
child.
(F) In the case of any individual entitled to attend 243
school under this division, no tuition shall be charged by the 244
school district of attendance and no other school district shall 245
be required to pay tuition for the individual's attendance. 246
Notwithstanding division (B), (C), or (E) of this section: 247
(1) All persons at least eighteen but under twenty-two 249
years of age who live apart from their parents, support 250
themselves by their own labor, and have not successfully 251
completed the high school curriculum or the individualized 252
education program developed for the person by the high school 253
pursuant to section 3323.08 of the Revised Code, are entitled to 254
attend school in the district in which they reside. 255
(2) Any child under eighteen years of age who is married 257
is entitled to attend school in the child's district of 258
residence. 259
(3) A child is entitled to attend school in the district 261
in which either of the child's parents is employed if the child 263
has a medical condition that may require emergency medical 264
attention. The parent of a child entitled to attend school under 265
division (F)(3) of this section shall submit to the board of 266
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education of the district in which the parent is employed a 267
statement from the child's physician certifying that the child's 268
medical condition may require emergency medical attention. The 269
statement shall be supported by such other evidence as the board 270
may require.
(4) Any child residing with a person other than the 272
child's parent is entitled, for a period not to exceed twelve 274
months, to attend school in the district in which that person 275
resides if the child's parent files an affidavit with the 276
superintendent of the district in which the person with whom the 277
child is living resides stating all of the following: 278
(a) That the parent is serving outside of the state in the 280
armed services of the United States; 281
(b) That the parent intends to reside in the district upon 283
returning to this state; 284
(c) The name and address of the person with whom the child 286
is living while the parent is outside the state. 287
(5) Any child under the age of twenty-two years who, after 289
the death of a parent, resides in a school district other than 290
the district in which the child attended school at the time of 291
the parent's death is entitled to continue to attend school in 292
the district in which the child attended school at the time of 293
the parent's death for the remainder of the school year, subject 294
to approval of that district board. 295
(6) A child under the age of twenty-two years who resides 297
with a parent who is having a new house built in a school 298
district outside the district where the parent is residing is 299
entitled to attend school for a period of time in the district 300
where the new house is being built. In order to be entitled to 301
such attendance, the parent shall provide the district 302
superintendent with the following: 303
(a) A sworn statement explaining the situation, revealing 305
the location of the house being built, and stating the parent's 306
intention to reside there upon its completion; 307
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(b) A statement from the builder confirming that a new 309
house is being built for the parent and that the house is at the 310
location indicated in the parent's statement. 311
(7) A child under the age of twenty-two years residing 313
with a parent who has a contract to purchase a house in a school 314
district outside the district where the parent is residing and 315
who is waiting upon the date of closing of the mortgage loan for 316
the purchase of such house is entitled to attend school for a 317
period of time in the district where the house is being 318
purchased. In order to be entitled to such attendance, the 319
parent shall provide the district superintendent with the 320
following: 321
(a) A sworn statement explaining the situation, revealing 323
the location of the house being purchased, and stating the 324
parent's intent to reside there; 325
(b) A statement from a real estate broker or bank officer 327
confirming that the parent has a contract to purchase the house, 328
that the parent is waiting upon the date of closing of the 329
mortgage loan, and that the house is at the location indicated in 330
the parent's statement. 331
The district superintendent shall establish a period of 333
time not to exceed ninety days during which the child entitled to 334
attend school under division (F)(6) or (7) of this section may 335
attend without tuition obligation. A student attending a school 336
under division (F)(6) or (7) of this section shall be eligible to 337
participate in interscholastic athletics under the auspices of 338
that school, provided the board of education of the school 339
district where the student's parent resides, by a formal action, 340
releases the student to participate in interscholastic athletics 341
at the school where the student is attending, and provided the 342
student receives any authorization required by a public agency or 343
private organization of which the school district is a member 344
exercising authority over interscholastic sports. 345
(8) A child whose parent is a full-time employee of a 347
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city, local, or exempted village school district may be admitted 348
to the schools of the district where the child's parent is 349
employed, provided the board of education establishes such an 351
admission policy by resolution adopted by a majority of its 352
members. Any such policy shall take effect on the first day of 353
the school year and the effective date of any amendment or repeal 354
may not be prior to the first day of the subsequent school year. 355
The policy shall be uniformly applied to all such children and 356
shall provide for the admission of any such child upon request of 357
the parent. No child may be admitted under this policy after the 358
first day of classes of any school year. 359
(9) A child who is with the child's parent under the care 361
of a shelter for victims of domestic violence, as defined in 363
section 3113.33 of the Revised Code, is entitled to attend school 364
free in the district in which the child is with his THE CHILD'S 365
parent, and no other school district shall be required to pay 368
tuition for the child's attendance in that school district. 370
The enrollment of a child in a school district under this 372
division shall not be denied due to a delay in the school 373
district's receipt of any records required under section 3313.672 374
of the Revised Code or any other records required for enrollment. 375
Any days of attendance and any credits earned by a child while 376
enrolled in a school district under this division shall be 377
transferred to and accepted by any school district in which the 378
child subsequently enrolls. The state board of education shall 379
adopt rules to ensure compliance with this division. 380
(10) Any child under the age of twenty-two years whose 382
parent has moved out of the school district after the 383
commencement of classes in the child's senior year of high school 384
is entitled, subject to the approval of that district board, to 385
attend school in the district in which the child attended school 386
at the time of the parental move for the remainder of the school 387
year and for one additional semester or equivalent term. A 389
district board may also adopt a policy specifying extenuating 390
10
circumstances under which a student may continue to attend school 391
under division (F)(10) of this section for an additional period 392
of time in order to successfully complete the high school 393
curriculum for the individualized education program developed for 394
the student by the high school pursuant to section 3323.08 of the 395
Revised Code.
(11) As used in this division, "grandparent" means a 397
parent of a parent of a child. A child under the age of 398
twenty-two years who is in the custody of the child's parent, 400
resides with a grandparent, and does not require special 401
education is entitled to attend the schools of the district in 402
which the child's grandparent resides, provided that, prior to 404
such attendance in any school year, the board of education of the 405
school district in which the child's grandparent resides and the 406
board of education of the school district in which the child's 408
parent resides enter into a written agreement specifying that 410
good cause exists for such attendance, describing the nature of 411
this good cause, and consenting to such attendance. 412
In lieu of a consent form signed by a parent, a board of 414
education may request the grandparent of a child attending school 415
in the district in which the grandparent resides pursuant to 416
division (F)(11) of this section to complete any consent form 417
required by the district, including any authorization required by 418
sections 3313.712 and 3313.713 of the Revised Code. Upon 419
request, the grandparent shall complete any consent form required 420
by the district. A school district shall not incur any liability 421
solely because of its receipt of a consent form from a 422
grandparent in lieu of a parent. 423
Division (F)(11) of this section does not create, and shall 426
not be construed as creating, a new cause of action or 427
substantive legal right against a school district, a member of a 428
board of education, or an employee of a school district. This 429
section does not affect, and shall not be construed as affecting, 430
any immunities from defenses to tort liability created or 431
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recognized by Chapter 2744. of the Revised Code for a school 432
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 435
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 437
(C), or (E) of this section provided that, prior to such 439
attendance in any school year, both of the following occur: 440
(a) The superintendent of the district in which the child 442
is entitled to attend school under division (B), (C), or (E) of 445
this section contacts the superintendent of another district for
purposes of this division; 447
(b) The superintendents of both districts enter into a 450
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 452
physical or mental well-being or to deal with other extenuating 453
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 455
student who is not receiving special education under Chapter 456
3323. of the Revised Code and notwithstanding Chapter 3327. of 457
the Revised Code, the board of education of neither school 458
district involved in the agreement is required to provide 459
transportation for the student to and from the school where the 460
student attends.
A student attending a school of a district pursuant to this 462
division shall be allowed to participate in all student 463
activities, including interscholastic athletics, at the school 464
where the student is attending on the same basis as any student 465
who has always attended the schools of that district while of 466
compulsory school age.
(G) A board of education, after approving admission, may 468
waive tuition for students who will temporarily reside in the 469
district and who are either of the following: 470
(1) Residents or domiciliaries of a foreign nation who 472
request admission as foreign exchange students; 473
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(2) Residents or domiciliaries of the United States but 475
not of Ohio who request admission as participants in an exchange 476
program operated by a student exchange organization. 477
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 479
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 480
attend school or participate in a special education program in a 481
school district other than in the district where the child is 482
entitled to attend school under division (B) of this section. 483
(I) This division does not apply to a child receiving 485
special education. 486
A school district required to pay tuition pursuant to 488
division (C)(2) or (3) of this section or section 3313.65 of the 489
Revised Code shall have an amount deducted under division (F) of 491
section 3317.023 of the Revised Code equal to its own tuition 492
rate for the same period of attendance. A school district 493
entitled to receive tuition pursuant to division (C)(2) or (3) of 494
this section or section 3313.65 of the Revised Code shall have an 495
amount credited under division (F) of section 3317.023 of the 497
Revised Code equal to its own tuition rate for the same period of 498
attendance. If the tuition rate credited to the district of 499
attendance exceeds the rate deducted from the district required 500
to pay tuition, the department of education shall pay the 501
district of attendance the difference from amounts deducted from 502
all districts' payments under division (F) of section 3317.023 of 504
the Revised Code but not credited to other school districts under 505
such division and from appropriations made for such purpose. The 506
treasurer of each school district shall, by the fifteenth day of 507
January and July, furnish the superintendent of public 508
instruction a report of the names of each child who attended the 509
district's schools under divisions (C)(2) and (3) of this section 510
or section 3313.65 of the Revised Code during the preceding six 511
calendar months, the duration of the attendance of those 512
children, the school district responsible for tuition on behalf 513
of the child, and any other information that the superintendent 514
13
requires. 515
Upon receipt of the report the superintendent, pursuant to 517
division (F) of section 3317.023 of the Revised Code, shall 518
deduct each district's tuition obligations under divisions (C)(2) 519
and (3) of this section or section 3313.65 of the Revised Code 520
and pay to the district of attendance that amount plus any amount 521
required to be paid by the state. 522
(J) In the event of a disagreement, the superintendent of 524
public instruction shall determine the school district in which 525
the parent resides. 526
(K) Nothing in this section requires or authorizes, or 528
shall be construed to require or authorize, the admission to a 529
public school in this state of a pupil who has been permanently 530
excluded from public school attendance by the superintendent of 531
public instruction pursuant to sections 3301.121 and 3313.662 of 532
the Revised Code. 533
Sec. 3317.02. As used in this chapter: 542
(A) Unless otherwise specified, "school district" means 544
city, local, and exempted village school districts. 545
(B) "Formula amount" means the base cost for the fiscal 547
year specified in section 3317.012 of the Revised Code, except 549
that to allow for the orderly phase-in of the increased funding 550
specified in that section, the formula amount for fiscal year 551
1999 shall be $3,851; the formula amount for fiscal year 2000 552
shall be $4,038; and the formula amount for fiscal year 2001 553
shall be $4,226. Thereafter, the formula amount shall be as 554
specified in that section.
(C) "FTE basis" means a count of students based on 557
full-time equivalency, in accordance with rules adopted by the 558
department of education pursuant to section 3317.03 of the 559
Revised Code. In adopting its rules under this division, the 560
department shall provide for counting any student in a district's 561
category one, two, or three special education ADM in the same 562
proportion the student is counted in formula ADM. 563
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(D)(1) "Formula ADM" means the number reported pursuant to 566
division (A) of section 3317.03 of the Revised Code. 567
(2) "Three-year average formula ADM" means the average of 569
a school district's formula ADMs for the current and preceding 571
two fiscal years. However, as applicable in fiscal years 1999 572
and 2000, the three-year average shall be determined utilizing 573
the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal 575
year 1997 or 1998. 576
(E) "FY 1997 ADM" or "FY 1998 ADM" means the district's 579
average daily membership reported for the applicable fiscal year 580
under the version of division (A) of section 3317.03 of the 581
Revised Code in effect during that fiscal year, adjusted as 583
follows:
(1) Minus the average daily membership of handicapped 586
preschool children;
(2) Minus one-half of the average daily membership 589
attending kindergarten;
(3) Minus three-fourths of the average daily membership 592
attending a joint vocational school district; 593
(4) Plus the average daily membership entitled under 595
section 3313.64 or 3313.65 of the Revised Code to attend school 597
in the district but receiving educational services in approved 598
units from an educational service center or another school 599
district under a compact or a cooperative education agreement, as 600
determined by the department;
(5) Minus the average daily membership receiving 602
educational services from the district in approved units but 603
entitled under section 3313.64 or 3313.65 of the Revised Code to 604
attend school in another school district, as determined by the 605
department.
(F)(1) "Category one special education ADM" means the 609
average daily membership of handicapped children receiving
special education services for those handicaps specified in 611
division (A) of section 3317.013 of the Revised Code and reported 612
15
under division (B) of section 3317.03 of the Revised Code. 613
(2) "Category two special education ADM" means the average 617
daily membership of handicapped children receiving special 618
education services for those handicaps specified in division (B) 619
of section 3317.013 of the Revised Code and reported under
division (B) of section 3317.03 of the Revised Code. 621
(3) "Category three special education ADM" means the 625
average daily membership of students receiving special education 626
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 627
terms are defined pursuant to Chapter 3323. of the Revised Code, 628
and reported under division (B) of section 3317.03 of the Revised 629
Code.
(G) "Handicapped preschool child" means a handicapped 632
child, as defined in section 3323.01 of the Revised Code, who is 633
at least age three but is not of compulsory school age, as 634
defined in section 3321.01 of the Revised Code, and who has IS 635
not entered CURRENTLY ENROLLED IN kindergarten. 636
(H) "County MR/DD board" means a county board of mental 639
retardation and developmental disabilities. 640
(I) "Recognized valuation" means the amount calculated for 643
a school district pursuant to section 3317.015 of the Revised 644
Code.
(J) "Transportation ADM" means the number of children 647
reported under division (B)(9) of section 3317.03 of the Revised 648
Code.
(K) "Most efficient transportation use cost per 650
transported student" for a district means a statistical 651
representation of transportation costs as calculated under 652
division (D)(4) of section 3317.022 of the Revised Code. 653
(L) "Taxes charged and payable" means the taxes charged 655
and payable against real and public utility property after making 656
the reduction required by section 319.301 of the Revised Code, 657
plus the taxes levied against tangible personal property. 658
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(M) "Total taxable value" means the sum of the amounts 661
certified for a city, local, exempted village, or joint 662
vocational school district under divisions (A)(1) and (2) of 663
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 665
indicated in this division for the county in which the district 666
is located, adjusted in accordance with division (N)(2) of this 668
section. If the district is located in more than one county, the 669
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 670
COST-OF-DOING-BUSINESS 672
COUNTY FACTOR AMOUNT 673
Adams 1.0100 677
Allen 1.0272 678
Ashland 1.0362 679
Ashtabula 1.0540 680
Athens 1.0040 681
Auglaize 1.0300 682
Belmont 1.0101 683
Brown 1.0218 684
Butler 1.0662 685
Carroll 1.0180 686
Champaign 1.0432 687
Clark 1.0489 688
Clermont 1.0498 689
Clinton 1.0287 690
Columbiana 1.0320 691
Coshocton 1.0224 692
Crawford 1.0174 693
Cuyahoga 1.0725 694
Darke 1.0360 695
Defiance 1.0214 696
Delaware 1.0512 697
Erie 1.0414 698
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Fairfield 1.0383 699
Fayette 1.0281 700
Franklin 1.0548 701
Fulton 1.0382 702
Gallia 1.0000 703
Geauga 1.0608 704
Greene 1.0418 705
Guernsey 1.0091 706
Hamilton 1.0750 707
Hancock 1.0270 708
Hardin 1.0384 709
Harrison 1.0111 710
Henry 1.0389 711
Highland 1.0177 712
Hocking 1.0164 713
Holmes 1.0275 714
Huron 1.0348 715
Jackson 1.0176 716
Jefferson 1.0090 717
Knox 1.0276 718
Lake 1.0627 719
Lawrence 1.0154 720
Licking 1.0418 721
Logan 1.0376 722
Lorain 1.0573 723
Lucas 1.0449 724
Madison 1.0475 725
Mahoning 1.0465 726
Marion 1.0289 727
Medina 1.0656 728
Meigs 1.0016 729
Mercer 1.0209 730
Miami 1.0456 731
Monroe 1.0152 732
18
Montgomery 1.0484 733
Morgan 1.0168 734
Morrow 1.0293 735
Muskingum 1.0194 736
Noble 1.0150 737
Ottawa 1.0529 738
Paulding 1.0216 739
Perry 1.0185 740
Pickaway 1.0350 741
Pike 1.0146 742
Portage 1.0595 743
Preble 1.0523 744
Putnam 1.0308 745
Richland 1.0232 746
Ross 1.0111 747
Sandusky 1.0361 748
Scioto 1.0082 749
Seneca 1.0265 750
Shelby 1.0274 751
Stark 1.0330 752
Summit 1.0642 753
Trumbull 1.0465 754
Tuscarawas 1.0109 755
Union 1.0488 756
Van Wert 1.0181 757
Vinton 1.0065 758
Warren 1.0678 759
Washington 1.0124 760
Wayne 1.0446 761
Williams 1.0316 762
Wood 1.0431 763
Wyandot 1.0227 764
(2) As used in this division, "multiplier" means the 767
number for the corresponding fiscal year as follows: 768
19
FISCAL YEAR OF THE 770
COMPUTATION MULTIPLIER 771
1998 9.6/7.5 773
1999 11.0/7.5 774
2000 12.4/7.5 775
2001 13.8/7.5 776
2002 15.2/7.5 777
2003 16.6/7.5 778
2004 and thereafter 18.0/7.5 779
Beginning in fiscal year 1998, the department shall 782
annually adjust the cost-of-doing-business factor for each county 784
in accordance with the following formula: 785
[(The cost-of-doing-business factor specified under 787
division (N)(1) of this section - 1) X (the multiplier 788
for the fiscal year of the calculation)< + 1 789
The result of such formula shall be the adjusted 791
cost-of-doing-business factor for that fiscal year. 792
(O) "Tax exempt value" of a school district means the 794
amount certified for a school district under division (A)(4) of 795
section 3317.021 of the Revised Code. 796
(P) "Potential value" of a school district means the 798
adjusted total taxable value of a school district plus the tax 800
exempt value of the district. 801
(Q) "District median income" means the median Ohio 803
adjusted gross income certified for a school district. On or 804
before the first day of July of each year, the tax commissioner 805
shall certify to the department of education for each city, 806
exempted village, and local school district the median Ohio 807
adjusted gross income of the residents of the school district 808
determined on the basis of tax returns filed for the second 809
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 811
median income of all city, exempted village, and local school 813
districts in the state.
20
(S) "Income factor" for a city, exempted village, or local 815
school district means the quotient obtained by dividing that 816
district's median income by the statewide median income. 817
(T) Except as provided in division (B)(3) of section 820
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 822
recognized valuation divided by the greater of the district's 823
formula ADM or three-year average formula ADM. 824
(U) Except as provided in section 3317.0213 of the Revised 827
Code, "adjusted valuation per pupil" means the amount calculated 828
in accordance with the following formula: 829
District valuation per pupil - [$60,000 X 831
(1 - district income factor)< 832
If the result of such formula is negative, the adjusted 834
valuation per pupil shall be zero. 835
(V) "Income adjusted valuation" means the product obtained 837
by multiplying the district's adjusted valuation per pupil by the 838
greater of the district's formula ADM or three-year average 840
formula ADM.
(W) Except as provided in division (A)(2) of section 843
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 844
(1) In any fiscal year that a district's income factor is 846
less than or equal to one, the amount calculated under the 847
following formula:
(Income adjusted valuation X 1/5) + 848
(recognized valuation X 4/5) 849
(2) In fiscal year 1999, if a district's income factor is 852
greater than one, the amount calculated under the following 853
formula: 854
(Income adjusted valuation X 1/15) 855
+ (recognized valuation X 14/15) 856
Thereafter, the adjusted total taxable value of a district 858
with an income factor greater than one shall be its recognized 860
21
valuation.
Sec. 3321.01. (A) As used in this chapter, "parent," 869
"guardian," or "other person having charge or care of a child" 870
means either parent unless the parents are separated or divorced 871
or their marriage has been dissolved or annulled, in which case 872
"parent" means the parent who is the residential parent and legal 873
custodian of the child. If the child is in the legal or 874
permanent custody of a person or government agency, "parent" 875
means that person or government agency. When a child is a 876
resident of a home, as defined in section 3313.64 of the Revised 877
Code, and the child's parent is not a resident of this state, 878
"parent," "guardian," or "other person having charge or care of a 879
child" means the head of the home. 880
A child between six and eighteen years of age is "of 882
compulsory school age" for the purpose of sections 3321.01 to 883
3321.13 of the Revised Code. A CHILD UNDER SIX YEARS OF AGE WHO 884
HAS BEEN ENROLLED IN KINDERGARTEN ALSO SHALL BE CONSIDERED "OF 885
COMPULSORY SCHOOL AGE" FOR THE PURPOSE OF SECTIONS 3321.01 TO 886
3321.13 OF THE REVISED CODE UNLESS AT ANY TIME THE CHILD'S PARENT 887
OR GUARDIAN, AT THE PARENT'S OR GUARDIAN'S DISCRETION AND IN 888
CONSULTATION WITH THE CHILD'S TEACHER AND PRINCIPAL, FORMALLY 889
WITHDRAWS THE CHILD FROM KINDERGARTEN. 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
in those school districts using or obtaining educationally 905
22
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
schools pursuant to section 3301.071 of the Revised Code. 948
23
(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
or school described by division (B)(1) or (B)(2)(a) of this 994
24
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
(1) Are provided at public expense and under public 1,042
25
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
or seeks to provide special education or related services to 1,087
26
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
(J) "County MR/DD board" means a county board of mental 1,129
27
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
ability and grade level.
28
(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