123rd General Assembly Regular Session 1999-2000 | H. B. No. 282 |
To amend sections 125.05, 3301.80, 3301.801, 3313.21, 3314.02, 3314.03, 3314.06, 3314.08, 3314.09, 3314.11, 3316.05, 3316.06, 3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 3317.06, 3317.082, 3317.11, 3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.35, 3319.235, 3332.05, 3332.07, 3333.04, 3333.12, 3333.20, 3333.27, 5747.01, and 5910.032; to enact new section 3317.16 and sections 3317.014, 3318.032, 3318.083, and 3318.33; and to repeal sections 3317.0214, 3317.053, 3317.16, 3318.23, 3318.24, and 3318.27 of the Revised Code and to amend Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended; to amend Section 50.52.10 of Am. Sub. H.B. 215 of the 122nd General Assembly, as subsequently amended; to amend Section 50.52.11 of Am. Sub. H.B. 215 of the 122nd General Assembly; to amend Section 18 of Am. Sub. H.B. 650 of the 122nd General Assembly, as subsequently amended; to amend Section 39 of Am. Sub. H.B. 770 of the 122nd General Assembly; and to amend Sections 6, 26, 30.07, 30.10, and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly to make appropriations for education programs for the biennium beginning July 1, 1999, and ending June 30, 2001, and to provide authorization and conditions for the operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Sec. 125.05. Except as provided in division (E) of this section, no state agency shall purchase any supplies or services except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state agency may, without competitive selection, make any purchase of services that cost fifty thousand dollars or less or any purchase of supplies that cost twenty-five thousand dollars or less. The agency may make the purchase directly or may make the purchase from or through the department of administrative services, whichever the agency determines. The department shall establish written procedures to assist state agencies when they make direct purchases. If the agency makes the purchase directly, it shall make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state agency wanting to purchase services that cost more than fifty thousand dollars or supplies that cost more than twenty-five thousand dollars shall, unless otherwise authorized by law, make the purchase from or through the department. The department shall make the purchase by competitive selection under section 125.07 of the Revised Code. If the director of administrative services determines that it is not possible or not advantageous to the state for the department to make the purchase, the department shall grant the agency a release and permit under section 125.06 of the Revised Code to make the purchase. Section 127.16 of the Revised Code does not apply to purchases the department makes under this section.
(C) An agency that has been granted a release and permit to make a purchase may make the purchase without competitive selection if after making the purchase the cumulative purchase threshold as computed under division (F) of section 127.16 of the Revised Code would:
(1) Be exceeded and the controlling board approves the purchase;
(2) Not be exceeded and the department of administrative services approves the purchase.
(D) Not later than January 31, 1997, the amounts specified in divisions (A) and (B) of this section and, not later than the thirty-first day of January of each second year thereafter, any amounts computed by adjustments made under this division, shall be increased or decreased by the average percentage increase or decrease in the consumer price index prepared by the United States bureau of labor statistics (U.S. City Average for Urban Wage Earners and Clerical Workers: "All Items 1982-1984=100") for the twenty-four calendar month period prior to the immediately preceding first day of January over the immediately preceding twenty-four calendar month period, as reported by the bureau. The director of administrative services shall make this determination and adjust the appropriate amounts accordingly.
(E) If the office of information, learning, and technology
services; OHIO SCHOOLNET
COMMISSION, the department of education;,
or the Ohio education computer
network determines that it can purchase software services or supplies for
specified school districts at a price less than the price for which the
districts could purchase the same software services or supplies for
themselves, the office, department, or network shall certify that fact to the
department of administrative services and, acting as an agent for the
specified school districts, shall make that purchase without following the
provisions in divisions (A) through TO (D) of this section.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet
commission
consisting
AS AN INDEPENDENT AGENCY. THE COMMISSION SHALL ADMINISTER
PROGRAMS TO PROVIDE FINANCIAL AND OTHER ASSISTANCE TO SCHOOL DISTRICTS
AND OTHER EDUCATIONAL INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION
OF EDUCATIONAL TECHNOLOGY.
THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE STATE.
(B)(1) THE COMMISSION SHALL CONSIST
of eleven members, seven of
whom are voting members. Of the
voting members, one shall be appointed by the speaker of
the house of representatives and one shall be appointed by the president of
the senate. The members appointed by the speaker of the house and the
president of the senate shall not be members of the general assembly. The
state superintendent of public instruction or a designee of the
superintendent, the director of the office of budget and management
or a designee of the director, the
director of administrative services or a designee of the
director, the chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational telecommunications
network commission or a designee of the director shall serve on the
commission
as ex officio voting members. Of the nonvoting members, two shall be members
of the house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed by the
president of the senate. The members appointed from each house shall not be
members of the same political party.
(2) THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. THE VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.
(3) The terms of office for the members appointed by the speaker of
the house and
the president of the senate shall be for two
years, with each term ending on the same day of the same
month as did the term that it succeeds. The members appointed by the
speaker of the house and the president of the senate may be reappointed.
Any member appointed from the house of representatives or senate who ceases to
be a member of the legislative house from which the member was appointed shall
cease to be a member of the committee COMMISSION. Vacancies
among appointed members
shall be filled in the manner provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date of the term
for which a predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the
speaker of the house and the president of the senate
shall continue in office subsequent to the expiration date of that member's
term until a successor takes office or until a period of sixty days has
elapsed, whichever occurs first.
The
Ohio SchoolNet commission shall
monitor and oversee the
operations of, and programs administered by, the Ohio
SchoolNet office established under division (B) of this
section. In addition, the commission may develop and
issue policies and
directives to be followed by the Ohio
SchoolNet office in implementing the programs under its
jurisdiction.
(B) The Ohio SchoolNet office is hereby
established as an independent agency.(C)(1) The office
COMMISSION shall be under the
supervision of a AN EXECUTIVE director who
shall be appointed by the Ohio SchoolNet
commission.
The EXECUTIVE director shall
serve at the pleasure of the commission and shall
direct the
office COMMISSION EMPLOYEES in the
administration of all programs for the provision of financial and other
assistance to school districts and other educational institutions for the
acquisition and utilization of educational technology. The
(2) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL BE PLACED IN THE UNCLASSIFIED SERVICE. THE COMMISSION SHALL FIX THE COMPENSATION OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE COMMISSION. THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR.
(3) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED CODE.
(D) THE Ohio
SchoolNet office COMMISSION shall do all of the
following:
(1) Make grants to institutions and other organizations as prescribed by the general assembly for the provision of technical assistance, professional development, and other support services to enable school districts and other educational institutions to utilize educational technology;
(2) Contract with the department of education, state institutions of
higher education, private nonprofit institutions of higher education holding
certificates of authorization under section 1713.02 of the Revised Code, and
such other public or private entities, and employ such persons as the
EXECUTIVE director
of the office deems necessary for the administration and implementation
of the
programs under the office's COMMISSION'S jurisdiction;
(3) Establish a reporting system to which school districts and other
educational institutions receiving financial assistance pursuant to this
section for the acquisition of educational technology report information as to
the manner in which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being utilized, the
results or outcome of this utilization, and other information as may be
required by the office COMMISSION;
(4) Establish necessary guidelines governing purchasing and procurement by
participants in programs administered by the office COMMISSION
that facilitate the timely
and effective implementation of such programs;.
(5) Implement (E)(1) THE EXECUTIVE DIRECTOR SHALL
IMPLEMENT policies and directives issued by the Ohio
SchoolNet
commission
established under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish
a
systems support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides assistance.
(3) Chapters 123., 124., 125., and 153., and sections 9.331, 9.332,
and 9.333 of the Revised Code do not apply to contracts, programs, projects,
or activities of the
Ohio SchoolNet commission or
Ohio SchoolNet office.
For purposes of exercising collective bargaining rights
under Chapter 4117. of the
Revised Code, the employees of the Ohio
SchoolNet
office shall
be placed in a bargaining unit separate from any other
unit containing employees of the state.
Sec. 3301.801. The office of information, learning, and
technology services OHIO SCHOOLNET
COMMISSION shall create and maintain a clearinghouse
for classroom teachers to easily obtain lesson plans and
materials and other practical resources for use in classroom
teaching. The office COMMISSION shall develop a method of
obtaining
submissions, from classroom teachers and others, of such plans,
materials, and other resources that have been used in the
classroom and that can be readily used and implemented by
classroom teachers in their regular teaching activities. The
office COMMISSION also shall develop methods of informing
classroom
teachers of both the availability of such plans, materials, and
other resources, and of the opportunity to submit such plans,
materials, and other resources and other classroom teaching
ideas to the clearinghouse.
The office COMMISSION shall periodically report to the speaker
and minority leader of
the house of representatives, the president and minority leader of the
senate, and the chairpersons and ranking minority members of the education
committees of the senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law or
administrative rules that may facilitate the usefulness of the clearinghouse.
Sec. 3313.21. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district.
(A) The board of education of each city, local, and exempted village school district shall formulate a written policy detailing procedures for the identification of gifted children as defined by rule of the state board of education. Annually, in accordance with the policy, the school board shall identify those students enrolled in the district who are gifted children.
(B) The board of each such district shall annually report, at such time and
in such manner as the state board may prescribe, the number of students
identified as gifted and the number of students receiving services in units
approved in accordance FINANCED with PAYMENTS RECEIVED UNDER
division (F) of section 3317.05 3317.022 of the Revised Code.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means a city, local, exempted village, or joint vocational board of education or the state board of education with which the governing authority of the proposed community school enters into a contract pursuant to this section.
(2) "Pilot project CHALLENGED SCHOOL district" means a
ANY OF THE FOLLOWING:
(a) A school district
included in the territory of AUTHORIZED TO ESTABLISH a community
school pilot project
established by Section 50.52 of Am. Sub. H.B. No. 215
of the 122nd general assembly;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 3302.03 of the Revised Code;
(c) A BIG EIGHT SCHOOL DISTRICT.
(3) "Big eight school district" means a school district that for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and participating in the predecessor of Ohio works first greater than thirty per cent, as reported pursuant to section 3317.10 of the Revised Code;
(b) An average daily membership greater than twelve thousand, as reported pursuant to former division (A) of section 3317.03 of the Revised Code.
(4) "New start-up school" means a community school other than one created by converting all or part of an existing public school, as designated in the school's contract pursuant to division (A)(17) of section 3314.03 of the Revised Code.
(B) Any person or group of
individuals may initially propose under this
division the conversion of all or a portion of a public school to a community
school. The proposal shall be made to the board of education of
a city, local, or
exempted village school district, other than a pilot project district,
in
which the public school is proposed to be converted. Upon receipt of a
proposal, a board may enter into a preliminary agreement with the person or
group proposing the conversion of the
public school, indicating the intention of the board of education to
support the conversion to a community school. A proposing person or group
that has a preliminary
agreement under this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a contract with
the board of education. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the board of
education shall negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this section.
(C)(1) Any person or group of
individuals may propose under this division the
establishment of a new start-up school to be located in a big
eight CHALLENGED school district other than a pilot project
district. Such THE proposal may be made to
any of the following public
entities:
(a) The board of education of the
big eight school district in which the school is proposed to be
located;
(b) The board of education of any joint
vocational school district with territory in the county in which IS
LOCATED the majority
of the territory of that big eight THE district IN WHICH THE
SCHOOL is PROPOSED TO BE located;
(c) The board of education of any other
city, local, or exempted village school district having
territory in the same county in which that big eight WHERE THE
district IN WHICH THE SCHOOL IS PROPOSED TO BE LOCATED has the major
portion of its territory;
(d) The state board of education.
Such big eight district board, joint vocational board, other school
district board,
or state board may enter into a preliminary agreement pursuant
to division (C)(2) of this section with the proposing person or
group.
(2) A preliminary agreement indicates the intention of a public entity described in division (C)(1) of this section to sponsor the community school. A proposing person or group that has such a preliminary agreement may proceed to finalize plans for the school, establish a governing authority for the school, and negotiate a contract with the public entity. Provided the proposing person or group adheres to the preliminary agreement and all provisions of this chapter, the public entity shall negotiate in good faith to enter into a contract in accordance with section 3314.03 of the Revised Code.
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 3302.03 of the Revised Code MAY CONTINUE IN EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR.
(D) A majority vote of a sponsoring school district board and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and
convert the public school to a community school or establish the new
start-up school. An unlimited number of
community schools
may be established in any school district
provided that a contract is entered into for each community school pursuant to
this chapter.
Sec. 3314.03. (A) Each contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school shall specify the following:
(1) That the school shall be established as a nonprofit corporation established under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;
(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide proficiency tests;
(4) Performance standards by which the success of the school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised Code;
(6) Dismissal procedures;
(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;
(8) Requirements and procedures for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state and the audits shall be conducted in accordance with section 117.10 of the Revised Code.
(9) The facility to be used and its location;
(10) Qualifications of teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours per week pursuant to section 3319.301 of the Revised Code;
(11) That the school will comply with the following requirements:
(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year;
(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school;
(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution;
(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district;
(e) The school shall comply with Chapter 102. of the Revised Code except that nothing in that chapter shall prohibit a member of the school's governing board from also being an employee of the school and nothing in that chapter or section 2921.42 of the Revised Code shall prohibit a member of the school's governing board from having an interest in a contract into which the governing board enters;
(f) The school will comply with sections 3313.61 and 3313.611 of the Revised Code, except that the requirement in those sections that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the state board of education;
(g) The school governing authority will submit an annual report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor, the parents of all students enrolled in the school, and the legislative office of education oversight.
(12) Arrangements for providing health and other benefits to employees;
(13) The length of the contract, which shall begin at the beginning of an academic year and shall not exceed five years;
(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year. The plan shall specify for each year the base formula amount that will be used for purposes of funding calculations under section 3314.08 of the Revised Code. This base formula amount for any year shall not exceed the formula amount defined under section 3317.02 of the Revised Code. The plan may also specify for any year a percentage figure to be used for reducing the per pupil amount of disadvantaged pupil impact aid calculated pursuant to section 3317.029 of the Revised Code the school is to receive that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or part of an existing public school or is to be a new start-up school, and if it is a converted public school, specification of any duties or responsibilities of an employer that the board of education that operated the school before conversion is delegating to the governing board of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;
(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED;
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS LOCATED;
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY OTHER DISTRICT IN THE STATE.
(B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public school, alternative arrangements for current public school students who choose not to attend the school and teachers who choose not to teach in the school after conversion;
(4) The instructional program and educational philosophy of the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the Revised
Code between a sponsor and the governing
authority of a community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby authorized to
receive such payments as set forth in the contract between the governing
authority and the sponsor.
Sec. 3314.06. The governing authority of each community school established under this chapter shall adopt admission procedures that specify the following:
(A) That except as otherwise provided in this section, admission to the
school shall be open only to any individual age five to twenty-two
entitled to
attend school pursuant to section 3313.64 or 3313.65 of the Revised Code in
the A school district in which the school is located or who
was enrolled in the
converted school during the school year preceding the year of its conversion
to a community school THE STATE.
(B) That admission to the school may be limited to students who
have attained a specific grade level or are within
a specific age group; to students that meet a definition of "at-risk," as
defined in the contract; or to residents of a specific geographic area
WITHIN THE DISTRICT,
as defined in the contract, that is within the school district in which the
school is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission of students to the school on the basis of race, creed, color, handicapping condition, or sex; and that, upon admission of any handicapped student, the community school will comply with all federal and state laws regarding the education of handicapped students.
(D)(E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or aptitude, or
athletic ability.
(E)(F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's programs, classes, grade levels, or
facilities.
(F)(G) That, except as otherwise provided under division
(B) of this section, if the number of applicants exceeds the capacity
restrictions of division (E)(F) of this section, students
shall be admitted by lot from all those submitting applications,
except preference shall be given to students attending the
school the previous year and TO STUDENTS WHO RESIDE IN THE DISTRICT IN
WHICH THE SCHOOL IS LOCATED. PREFERENCE may be given to siblings of
such students ATTENDING THE SCHOOL THE PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this
section, in the event the racial composition of the enrollment of the
community school is violative of a federal desegregation order, the
community school shall take any and all corrective measures to
comply with the desegregation order.
Sec. 3314.08. (A) As used in this section:
(1) "Base formula amount" means the amount specified as such in a community school's financial plan for a school year pursuant to division (A)(15) of section 3314.03 of the Revised Code.
(2) "Cost-of-doing-business factor" has the same meaning as in section 3317.02 of the Revised Code.
(3) "IEP" means an
individualized education program defined by division
(E) of IN section 3323.01 of the Revised Code.
(4) "Average county cost" means the cost, averaged among school districts within a county, of providing special education and related services to similarly handicapped children, as calculated in a manner acceptable to the superintendent of public instruction.
(5) "DPIA reduction factor" means the
percentage figure, if any, specified for reducing the per pupil amount
of disadvantaged pupil impact aid
a community school is entitled to receive pursuant to division
(D)(3) of this section in any year, as
specified in the school's financial plan for the year pursuant to division
(A)(15) of section 3314.03 of the Revised Code.
(B) The state board of education shall adopt rules requiring both of the following:
(1) The board of education of each city, exempted village, and local school district to annually report the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are enrolled in grades one through twelve and one-half of the kindergarten students enrolled in a community school established under this chapter and for each child the community school in which the child is enrolled. In addition, for each such child receiving special education and related services enrolled in grades kindergarten through twelve or in a preschool handicapped unit in a community school pursuant to an IEP, the board shall report the average county cost for such child. If the district receives disadvantaged pupil impact aid pursuant to division (B) or divisions (C) and (E) of section 3317.029 of the Revised Code, it also shall report the amount received for each such child.
(2) The governing authority of each community school
established under this chapter to annually report the number of
students enrolled in grades one through twelve and one-half the number of
kindergarten students in the school
who are not receiving special education and
related services pursuant to an IEP; the number of
enrolled students
in grades one through twelve and one-half the number of kindergarten
students who are receiving special
education and related services
pursuant to an IEP; the number of
enrolled preschool handicapped students receiving special education
services in a state-funded unit; the community
school's base formula amount; and FOR EACH STUDENT the
city, exempted village, or local school district in which the
school STUDENT is
located ENTITLED TO ATTEND UNDER SECTION 3313.64 OR 3313.65 OF THE
REVISED CODE. Each governing authority shall also
report
any DPIA reduction factor that applies to a school year.
(C) From the payments made to a city, exempted village, or local school district under Chapter 3317. of the Revised Code and, if necessary, sections 321.14 and 323.156 of the Revised Code, the department of education shall annually subtract all of the following:
(1) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students reported under division (B)(2) of this section who are enrolled in grades one through twelve and one-half the number of kindergarten students in that community school and are not receiving special education and related services pursuant to an IEP is multiplied by the base formula amount of that community school as adjusted by the school district's cost-of-doing-business factor.
(2) The sum of the average county costs for all district students reported under division (B)(2) of this section who are to be receiving special education and related services pursuant to an IEP in their respective community schools, less the sum of the prorated share for each such student of any amounts received from state preschool handicapped unit funding or from federal funds to provide special education and related services to students in the respective community schools. This prorated share of state or federal funds received for each such student shall be determined on the basis of all such funds received by a community school for students receiving similar services, as calculated in a manner acceptable to the superintendent of public instruction.
(3) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students enrolled in that community school and residing in the district in a family participating in Ohio works first under Chapter 5107. of the Revised Code is multiplied by the per pupil amount of disadvantaged pupil impact aid the school district receives that year pursuant to division (B) or divisions (C) and (E) of section 3317.029 of the Revised Code, as adjusted by any DPIA reduction factor of that community school.
(D) The department shall annually pay to a community school established under this chapter all of the following:
(1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve plus one-half
of the kindergarten students in the school as reported under
division (B)(2) of this
section who are not receiving special education and related services pursuant
to an IEP is multiplied by the community school's base formula
amount, as adjusted by the cost-of-doing-business factor of the school
district in which the school STUDENT is located
ENTITLED TO ATTEND UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED
CODE;
(2) For each student enrolled in the school receiving special education and related services pursuant to an IEP, an amount equal to the average county cost for such student, less a prorated share for the student of any amount received from state preschool handicapped unit funding or federal funds to provide special education and related services to students in the community school. This prorated share shall be determined as described under division (C)(2) of this section.
(3) An amount equal to the SUM OF THE AMOUNTS OBTAINED WHEN, FOR EACH
SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S STUDENTS ARE ENTITLED TO ATTEND
SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE,
THE number of THAT DISTRICT'S students enrolled in the community
school and residing in the school district in a family participating in
Ohio
works first IS multiplied by the per pupil amount of disadvantaged
pupil impact
aid that school district receives that year pursuant to
division (B) or divisions (C) and (E) of
section 3317.029 of the Revised Code, as adjusted by
any DPIA reduction factor of the community school.
(E) A community school may apply to the department of education for ANY
GIFTED OR preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request of its
governing authority, a community school that received
unit funding as a school district-operated school before it became a community
school shall retain any units awarded to it as a school district-operated
school provided the school continues to meet eligibility standards for the
unit.
A community school shall be considered a school district and its governing authority shall be considered a board of education for the purpose of applying to any state or federal agency for grants that a school district may receive under federal or state law or any appropriations act of the general assembly. The governing authority of a community school may apply to any private entity for additional funds.
(F) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.
(G) A community school may not levy taxes or issue bonds secured by tax revenues.
(H) No community school shall charge tuition for the enrollment of any student.
(I) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to division (D) of this section. The school may issue notes to evidence such borrowing to mature no later than the end of the fiscal year in which such money was borrowed. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.
(J) For purposes of determining the number of students for which division (D)(3) of this section applies in any school year, a community school may submit to the state department of human services, no later than the first day of March, a list of the students enrolled in the school. For each student on the list, the community school shall indicate the student's name, address, and date of birth and the school district where the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. Upon receipt of a list under this division, the department of human services shall determine, for each school district where one or more students on the list is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students residing in that school district who were included in the department's report under section 3317.10 of the Revised Code. The department shall make this determination on the basis of information readily available to it. Upon making this determination and no later than ninety days after submission of the list by the community school, the department shall report to the state department of education the number of students on the list who reside in each school district who were included in the department's report under section 3317.10 of the Revised Code. In complying with this division, the department of human services shall not report to the state department of education any personally identifiable information on any student.
(K) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to reflect any enrollment of students in community schools for less
than the equivalent of a full school year.
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE STUDENT" MEANS A
STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL DISTRICT UNDER SECTION 3313.64
OR 3313.65 of the Revised Code.
THE board of education of the EACH
city, local, or AND exempted village school district in which a
community school is located shall provide transportation to
AND FROM SCHOOL FOR ITS DISTRICT'S NATIVE students enrolled in
the A community school, except that the board shall be
required to pick up and drop off a nonhandicapped student only at a regular
school bus stop designated in accordance with the board's transportation
policy LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT
PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED IN SCHOOLS TO WHICH
THEY ARE ASSIGNED BY THE BOARD OF EDUCATION AT THE SAME GRADE LEVEL AND WHO
LIVE THE SAME DISTANCE FROM SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE
BOARD, CONFIRMED BY THE STATE BOARD OF EDUCATION,
THE TRANSPORTATION IS UNNECESSARY OR UNREASONABLE. A BOARD SHALL NOT BE
REQUIRED TO TRANSPORT NONHANDICAPPED
STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE THAN THIRTY
MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL BUS FROM THE COLLECTION
POINT DESIGNATED BY THE DISTRICT'S COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM
A COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER
PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE PARENT,
GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL SHALL IN
NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER PUPIL,
WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF CHILDREN
BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT
PRECEDING YEAR.
Sec. 3314.11. The department of education shall establish a THE
state
community school commission OFFICE OF SCHOOL OPTIONS TO PROVIDE
ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, ESTABLISHED PURSUANT TO
CHAPTER 3314. of the Revised Code, AND THE PILOT PROJECT SCHOLARSHIP PROGRAM,
ESTABLISHED PURSUANT TO SECTIONS 3313.974 TO 3313.979 of the Revised Code. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT SCHOLARSHIP
PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and
information to persons or groups considering proposing a community school, to
governing authorities of community schools, and to school district boards
sponsoring or considering sponsoring a community school.
Sec. 3316.05. (A) Pursuant to the powers of the general assembly and for the purposes of this chapter, upon the declaration of a fiscal emergency in any school district pursuant to division (B) of section 3316.03 of the Revised Code, there is established, with respect to that school district, a body both corporate and politic constituting an agency and instrumentality of the state and performing essential governmental functions of the state to be known as the "financial planning and supervision commission for ........ (name of school district)," which, in that name, may exercise all authority vested in such a commission by this chapter. A separate commission is established with respect to each school district as to which there is a fiscal emergency as determined under this chapter.
(B) A commission APPOINTED AFTER JULY 1, 1999, shall
consist of seven FIVE voting members, including
women and at least one Hispanic or African American
if Hispanic and African Americans together constitute at least twenty per cent
of the student population of the district, as follows:
(1) Four TWO ex officio members: the
director of budget and management, OR A DESIGNEE OF THE DIRECTOR, AND
the superintendent of public instruction,
OR A DESIGNEE OF the superintendent of the school district, and the
mayor of the municipal
corporation with the largest number of residents living within the school
district, except that if more than fifty per cent of the residents of the
district reside outside the municipal corporation containing the greatest
number of district residents or if there is no municipal corporation located
in the school district, the county auditor of the county with the largest
number of residents living within the school district shall be a member of the
commission in lieu of a mayor.
The director of budget and management may designate an individual
within the office of budget and
management; the mayor may designate a responsible official within
his office or the fiscal officer of the municipal corporation;
the superintendent of public instruction may designate an employee
within the department of education; and the superintendent of the school
district may designate an employee of the school district to
attend the meetings of the commission
when the ex officio member making the designation is absent or
unable for any reason to attend.
A designee, when present, shall
be counted in determining whether a quorum is present at any
meeting of the commission and may vote and participate in all
proceedings and actions of the commission. The designations
shall be in writing, executed by the member making the
designation, and filed with the secretary of the commission. The
designations may be changed from time to time in like manner, but
due regard shall be given to the need for continuity.
(2) Three appointed members, who shall be appointed within fifteen days
after the declaration
of the fiscal emergency, one by the governor, one by the superintendent of
public instruction, and
one by the mayor or county auditor who is a member of the commission
OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER OF RESIDENTS LIVING
WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF MORE THAN FIFTY PER CENT OF THE
RESIDENTS OF THE DISTRICT RESIDE OUTSIDE THE MUNICIPAL CORPORATION CONTAINING
THE GREATEST NUMBER OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL
CORPORATION LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT SHALL
MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of
the appointed members shall serve at the pleasure of the appointing authority
during the life of the commission. In the event of the death,
resignation, incapacity, removal, or ineligibility to serve of an appointed
member, the appointing authority shall appoint a successor within fifteen days
after the vacancy occurs.
(a) The member appointed by the governor and the member appointed by the mayor or county auditor shall be an individual:
(i) Who has knowledge and experience in financial matters, financial management, or business organization or operations, including at least five years of experience in the public or private sector in the management of business or financial enterprise, or in management consulting, public accounting, or other similar professional activity;
(ii) Whose residency, office, or principal place of professional or business activity is situated within the school district.
(b) The member appointed by the superintendent of public instruction shall be a parent of a child currently enrolled in a public school within the district.
(C) Immediately after appointment of the initial appointed members of the commission, the superintendent of public instruction shall call the first meeting of the commission and shall cause written notice of the time, date, and place of the first meeting to be given to each member of the commission at least forty-eight hours in advance of the meeting.
(D) The superintendent of public instruction shall serve as the commission's chairperson and the commission shall elect one of its members as vice-chairperson and may appoint a secretary and any other officers, who need not be members of the commission, AS it considers necessary.
(E) The commission may adopt and alter bylaws and rules, which shall not be subject to section 111.15 or Chapter 119. of the Revised Code, for the conduct of its affairs and for the manner, subject to this chapter, in which its powers and functions shall be exercised and embodied.
(F) Four THREE members of the commission constitute a quorum of
the commission. The affirmative vote of four THREE members of
the
commission is necessary for any action taken by vote of the
commission. No vacancy in the membership of the commission shall
impair the rights of a quorum by such vote to exercise all the
rights and perform all the duties of the commission. Members of
the commission, and their designees, are not disqualified from
voting by reason of the functions of the other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or the
commission.
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. At the request of the commission the auditor of state shall designate employees of the auditor of state's office to assist the commission and to coordinate the work of the auditor of state's office. Upon the declaration of a fiscal emergency in any school district, the school district shall provide the commission with such reasonable office space in the principal building housing the administrative offices of the school district, where feasible, as the commission determines is necessary to carry out its duties under this chapter.
The attorney general shall serve as the legal counsel for the commission.
(H) The members of the commission, the superintendent of public instruction, the auditor of state, and any person authorized to act on behalf of or assist them shall not be personally liable or subject to any suit, judgment, or claim for damages resulting from the exercise of or failure to exercise the powers, duties, and functions granted to them in regard to their functioning under this chapter, but the commission, the superintendent of public instruction, the auditor of state, and such other persons shall be subject to mandamus proceedings to compel performance of their duties under this chapter.
(I) At the request of the commission the administrative head of any state agency shall temporarily assign personnel skilled in accounting and budgeting procedures to assist the commission in its duties.
(J) The appointed members of the commission are not subject to section 102.02 of the Revised Code, each appointed member of the commission shall file with the commission a signed written statement setting forth the general nature of sales of goods, property, or services or of loans to the school district with respect to which that commission is established, in which the appointed member has a pecuniary interest or in which any member of the appointed member's immediate family, as defined in section 102.01 of the Revised Code, or any corporation, partnership, or enterprise of which the appointed member is an officer, director, or partner, or of which the appointed member or a member of the appointed member's immediate family, as so defined, owns more than a five per cent interest, has a pecuniary interest, and of which sale, loan, or interest such member has knowledge. The statement shall be supplemented from time to time to reflect changes in the general nature of any such sales or loans.
(K) Meetings of the commission shall be subject to section 121.22
of the Revised Code except that division (C) of such section requiring members
to be physically present to be part of a quorum or vote does not apply if the
commission holds a meeting by teleconference and if provisions are made for
public attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days after
the
first meeting of a school district financial planning and supervision
commission, the commission shall adopt a financial recovery plan regarding the
school district for which the commission was created. During the formulation
of the plan, the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain the following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared to exist pursuant to division (B) of section 3316.03 of the Revised Code;
(b) Satisfy any judgments, past-due accounts payable, and all past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds;
(d) Restore to special funds any moneys from such funds that were used for purposes not within the purposes of such funds, or borrowed from such funds by the purchase of debt obligations of the school district with the moneys of such funds, or missing from the special funds and not accounted for, if any;
(e) Balance the budget, avoid future deficits in any funds, and maintain on a current basis payments of payroll, fringe benefits, and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market long-term general obligation bonds under provisions of law applicable to school districts generally.
(2) The management structure that will enable the school district to take the actions enumerated in division (A)(1) of this section. The plan shall specify the level of fiscal and management control that the commission will exercise within the school district during the period of fiscal emergency, and shall enumerate respectively, the powers and duties of the commission and the powers and duties of the school board during that period. The commission may elect to assume any of the powers and duties of the school board it considers necessary, including all powers related to personnel, curriculum, and legal issues in order to successfully implement the actions described in division (A)(1) of this section.
(3) The target dates for the commencement, progress upon, and completion of the actions enumerated in division (A)(1) of this section and a reasonable period of time expected to be required to implement the plan. The commission shall prepare a reasonable time schedule for progress toward and achievement of the requirements for the plan, and the plan shall be consistent with that time schedule.
(4) The amount and purpose of any issue of debt
obligations that will be issued, together with assurances that
any such debt obligations that will be issued will not exceed
debt limits supported by appropriate certifications by the fiscal
officer of the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall include
assurances that such debt shall be in an amount not to exceed the amount
certified under division (B) of such section. If the
commission
considers it
necessary in order to maintain or improve educational opportunities of pupils
in the school district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under section
3313.483 of the Revised Code contingent upon
the approval, during the period of the fiscal emergency, by district voters of
a tax levied under section 718.09, 718.10, 5705.194, 5705.21, 5748.02, or
5748.08 of
the Revised Code, that is not a renewal or replacement levy and that
will provide new operating revenue. Notwithstanding any provision of
Chapter 133.
or sections 3313.483 through TO 3313.4811 of the Revised Code,
following the
required approval of the district voters and with the approval of the
commission, the school district may issue securities to evidence the
restructuring or refinancing. Those securities may extend the
original period for repayment, not to exceed ten years, and
may alter
the frequency and amount of repayments, interest or other
financing charges, and other terms of agreements under which the debt
originally was contracted, at the discretion of the commission, provided that
any loans received pursuant to section 3313.483 of the Revised Code shall be
paid from funds the district would otherwise receive under sections 3317.022
to 3317.025 of the Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code. The securities issued for the purpose of
restructuring or refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to be included
in any subsequent proposal for the purpose of restructuring or refinancing
debt under this section.
(B) Any financial recovery plan may be amended subsequent to its
adoption. Each financial recovery plan shall be updated annually.
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST PER PUPIL CALCULATED UNDER SECTION 3317.012 of the Revised Code. THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL EDUCATION PROGRAMS ARE AS FOLLOWS:
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3313.90 of the Revised Code.
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE DEVELOPMENT
PROGRAMS.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified, "school district" means city, local, and exempted village school districts.
(B) "Formula amount" means the base cost for the fiscal year specified in section 3317.012 of the Revised Code, except that to allow for the orderly phase-in of the increased funding specified in that section, the formula amount for fiscal year 1999 shall be $3,851; the formula amount for fiscal year 2000 shall be $4,038; and the formula amount for fiscal year 2001 shall be $4,226. Thereafter, the formula amount shall be as specified in that section.
(C) "FTE basis" means a
count of students based on full-time equivalency, in accordance
with rules adopted by the department of education pursuant to
section 3317.03 of the Revised Code. In adopting its rules under this
division, the department shall provide for
counting any student in a district's category one, two, or three
special
education ADM OR IN CATEGORY ONE OR TWO VOCATIONAL EDUCATION
ADM in the same proportion the student is counted in
formula ADM.
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, the number reported pursuant to division (A) of section 3317.03 of the Revised Code, AND FOR A JOINT VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO DIVISION (D) OF THAT SECTION.
(2) "Three-year average formula ADM" means the average of a school district's formula ADMs for the current and preceding two fiscal years. However, as applicable in fiscal years 1999 and 2000, the three-year average shall be determined utilizing the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 1997 or 1998.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL district's average daily membership reported for the applicable fiscal year under the version of division (A) of section 3317.03 of the Revised Code in effect during that fiscal year, adjusted as follows:
(1) Minus the average daily membership of handicapped preschool children;
(2) Minus one-half of the average daily membership attending kindergarten;
(3) Minus three-fourths of the average daily membership attending a joint vocational school district;
(4) Plus the average daily membership entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in the district but receiving educational services in approved units from an educational service center or another school district under a compact or a cooperative education agreement, as determined by the department;
(5) Minus the average daily membership receiving educational services from the district in approved units but entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in another school district, as determined by the department.
(F)(1) "Category one special education ADM" means the average daily membership of handicapped children receiving special education services for those handicaps specified in division (A) of section 3317.013 of the Revised Code and reported under division (B)(5) OR (D)(2)(b) of section 3317.03 of the Revised Code.
(2) "Category two special education ADM" means the average daily membership of handicapped children receiving special education services for those handicaps specified in division (B) of section 3317.013 of the Revised Code and reported under division (B)(6) OR (D)(2)(c) of section 3317.03 of the Revised Code.
(3) "Category three special education ADM" means the average daily membership of students receiving special education services for students identified as autistic, having traumatic brain injuries, or as both visually and hearing disabled as these terms are defined pursuant to Chapter 3323. of the Revised Code, and reported under division (B)(7) OR (D)(2)(d) of section 3317.03 of the Revised Code.
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 of the Revised Code AND REPORTED UNDER DIVISION (B)(8) OR (D)(2)(e) OF SECTION 3317.03 of the Revised Code.
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 of the Revised Code AND REPORTED UNDER DIVISION (B)(9) OR (D)(2)(f) OF SECTION 3317.03 of the Revised Code.
(G) "Handicapped preschool child" means a handicapped child, as defined in section 3323.01 of the Revised Code, who is at least age three but is not of compulsory school age, as defined in section 3321.01 of the Revised Code, and who has not entered kindergarten.
(H) "County MR/DD board" means a county board of mental retardation and developmental disabilities.
(I) "Recognized valuation" means the amount calculated for a school district pursuant to section 3317.015 of the Revised Code.
(J) "Transportation ADM" means the number of
children reported under division
(B)(9)(10) of section 3317.03 of the Revised Code.
(K) "Most AVERAGE efficient transportation use cost per
transported student"
for a SCHOOL district means a statistical representation of
transportation costs as
calculated under division (D)(4)(3) of section 3317.022 of the
Revised Code.
(L) "Taxes charged and payable" means the taxes charged and payable against real and public utility property after making the reduction required by section 319.301 of the Revised Code, plus the taxes levied against tangible personal property.
(M) "Total taxable value" means the sum of the amounts certified for a city, local, exempted village, or joint vocational school district under divisions (A)(1) and (2) of section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount
indicated in this division for the county in which the A CITY,
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is located,
adjusted in accordance with division (N)(2) of
this section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county,
the factor is the amount indicated for the county to which the
district is assigned by the state department of education. IF A JOINT
VOCATIONAL SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL SCHOOL WITH
THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS
LOCATED.
COST-OF-DOING-BUSINESS COUNTY FACTOR AMOUNT
Adams | 1.0100 |
Allen | 1.0272 |
Ashland | 1.0362 |
Ashtabula | 1.0540 |
Athens | 1.0040 |
Auglaize | 1.0300 |
Belmont | 1.0101 |
Brown | 1.0218 |
Butler | 1.0662 |
Carroll | 1.0180 |
Champaign | 1.0432 |
Clark | 1.0489 |
Clermont | 1.0498 |
Clinton | 1.0287 |
Columbiana | 1.0320 |
Coshocton | 1.0224 |
Crawford | 1.0174 |
Cuyahoga | 1.0725 |
Darke | 1.0360 |
Defiance | 1.0214 |
Delaware | 1.0512 |
Erie | 1.0414 |
Fairfield | 1.0383 |
Fayette | 1.0281 |
Franklin | 1.0548 |
Fulton | 1.0382 |
Gallia | 1.0000 |
Geauga | 1.0608 |
Greene | 1.0418 |
Guernsey | 1.0091 |
Hamilton | 1.0750 |
Hancock | 1.0270 |
Hardin | 1.0384 |
Harrison | 1.0111 |
Henry | 1.0389 |
Highland | 1.0177 |
Hocking | 1.0164 |
Holmes | 1.0275 |
Huron | 1.0348 |
Jackson | 1.0176 |
Jefferson | 1.0090 |
Knox | 1.0276 |
Lake | 1.0627 |
Lawrence | 1.0154 |
Licking | 1.0418 |
Logan | 1.0376 |
Lorain | 1.0573 |
Lucas | 1.0449 |
Madison | 1.0475 |
Mahoning | 1.0465 |
Marion | 1.0289 |
Medina | 1.0656 |
Meigs | 1.0016 |
Mercer | 1.0209 |
Miami | 1.0456 |
Monroe | 1.0152 |
Montgomery | 1.0484 |
Morgan | 1.0168 |
Morrow | 1.0293 |
Muskingum | 1.0194 |
Noble | 1.0150 |
Ottawa | 1.0529 |
Paulding | 1.0216 |
Perry | 1.0185 |
Pickaway | 1.0350 |
Pike | 1.0146 |
Portage | 1.0595 |
Preble | 1.0523 |
Putnam | 1.0308 |
Richland | 1.0232 |
Ross | 1.0111 |
Sandusky | 1.0361 |
Scioto | 1.0082 |
Seneca | 1.0265 |
Shelby | 1.0274 |
Stark | 1.0330 |
Summit | 1.0642 |
Trumbull | 1.0465 |
Tuscarawas | 1.0109 |
Union | 1.0488 |
Van Wert | 1.0181 |
Vinton | 1.0065 |
Warren | 1.0678 |
Washington | 1.0124 |
Wayne | 1.0446 |
Williams | 1.0316 |
Wood | 1.0431 |
Wyandot | 1.0227 |
(2) As used in this division, "multiplier" means the number for
the corresponding fiscal year as follows:
FISCAL YEAR OF THE COMPUTATION MULTIPLIER
1998 | 9.6/7.5 |
1999 | 11.0/7.5 |
2000 | 12.4/7.5 |
2001 | 13.8/7.5 |
2002 | 15.2/7.5 |
2003 | 16.6/7.5 |
2004 and thereafter | 18.0/7.5 |
Beginning in fiscal year 1998, the department shall annually adjust the cost-of-doing-business factor for each county in accordance with the following formula:
The result of such formula shall be the adjusted cost-of-doing-business factor for that fiscal year.
(O) "Tax exempt value" of a school district means the amount certified for a school district under division (A)(4) of section 3317.021 of the Revised Code.
(P) "Potential value" of a school district means the adjusted total taxable value of a school district plus the tax exempt value of the district.
(Q) "District median income" means the median Ohio adjusted gross income certified for a school district. On or before the first day of July of each year, the tax commissioner shall certify to the department of education for each city, exempted village, and local school district the median Ohio adjusted gross income of the residents of the school district determined on the basis of tax returns filed for the second preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district median income of all city, exempted village, and local school districts in the state.
(S) "Income factor" for a city, exempted village, or local school district means the quotient obtained by dividing that district's median income by the statewide median income.
(T) Except as provided in division (B)(3) of section 3317.012 of the Revised Code, "valuation per pupil" for a city, exempted village, or local school district means the district's recognized valuation divided by the greater of the district's formula ADM or three-year average formula ADM.
(U) Except as provided in section 3317.0213 of the Revised Code, "adjusted valuation per pupil" means the amount calculated in accordance with the following formula:
If the result of such formula is negative, the adjusted valuation per pupil shall be zero.
(V) "Income adjusted valuation" means the product obtained by multiplying the SCHOOL district's adjusted valuation per pupil by the greater of the district's formula ADM or three-year average formula ADM.
(W) Except as provided in division (A)(2) of section 3317.022 of the Revised Code, "adjusted total taxable value" means one of the following:
(1) In any fiscal year that a SCHOOL district's income factor is less
than or
equal to one, the amount calculated under the following formula:
(2) In fiscal year 1999, if a SCHOOL
district's income factor is greater than
one, the amount calculated under the following
formula:
Thereafter, the adjusted total taxable value of a district with an income
factor greater than one shall be its
recognized valuation.
Sec. 3317.022. (A)(1) The department of education shall compute
and distribute state basic aid BASE COST FUNDING to
each school district for the fiscal year in accordance with the
following formula, using adjusted total
taxable value as defined under
division (W) of IN section 3317.02 of the Revised Code or division
(A)(2) of this section and the
information obtained under section 3317.021 of the Revised Code in
the calendar year in which the fiscal year begins.
Compute the following for each eligible district:
If the difference obtained is a negative number, the district's computation shall be zero.
(2)(a) For each school district for which the tax exempt value of the district equals or exceeds twenty-five per cent of the potential value of the district, the department of education shall calculate the difference between the district's tax exempt value and twenty-five per cent of the district's potential value.
(b) For each school district to which division (A)(2)(a) of this section applies, the adjusted total taxable value used in the calculation under division (A)(1) of this section shall be the adjusted total taxable value modified by subtracting the amount calculated under division (A)(2)(a) of this section.
(B) As used in division (C) of this section:
(1) The "total special education weight" for a district means the sum of the following amounts:
(a) The district's category one special education ADM multiplied by the multiple specified under division (A) of section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category three special education ADMs multiplied by the multiple specified under division (B) of section 3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated for a district as follows:
(a) Calculate the basic aid STATE BASE COST FUNDING amount for
the district for
the fiscal year under division (A) of this section. If
the district would not receive any state basic aid BASE COST
FUNDING for that year
under that division, the district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE COST
FUNDING under that
division, divide that basic aid amount by an amount equal to the
following:
The resultant number is the district's state share percentage.
(3) "Related services" includes:
(a) Child study, special education supervisors and coordinators, speech and hearing services, adaptive physical development services, occupational or physical therapy, teacher assistants for handicapped children whose handicaps are described in division (B) of section 3317.013 or division (F)(3) of section 3317.02 of the Revised Code, behavioral intervention, interpreter services, work study, nursing services, and specialized integrative services as those terms are defined by the department;
(b) Speech and language services provided to any student with a handicap, including any student whose primary or only handicap is a speech and language handicap;
(c) Any related service not specifically covered by other state funds but specified in federal law, including but not limited to, audiology and school psychological services;
(d) Any service included in units funded under former division (O)(1) of section 3317.023 of the Revised Code;
(e) Any other related service needed by handicapped children in accordance with their individualized education plans.
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT MEANS THE SUM OF THE FOLLOWING AMOUNTS:
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 3317.014 OF THE REVISED CODE;
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 3317.014 OF THE REVISED CODE.
(C)(1) The department shall compute and distribute state special education and related services additional weighted costs funds to each school district in accordance with the following formula:
(2) In any fiscal year, a school district receiving funds under division (C)(1) of this section shall spend on related services the lesser of the following:
(a) The amount the district spent on related services in the preceding fiscal year;
(b) 1/8 X [cost-of-doing-business factor X the formula amount X (the category one special education ADM + category two special education ADM + category three special education ADM)] + the amount calculated for the fiscal year under division (C)(1) of this section + the local share of special education and related services additional weighted costs
(3) The local share of special education and related services additional weighted costs equals:
(4) The department shall compute and pay in accordance with this division additional state aid to school districts for students in category three special education ADM. If a district's costs for the fiscal year for a student in its category three special education ADM are twenty-five thousand dollars or more, the district may submit to the superintendent of public instruction documentation, as prescribed by the superintendent, of all its costs for that student. Upon submission of documentation for a student of the type and in the manner prescribed, the department shall pay to the district an amount equal to the district's costs for the student in excess of twenty-five thousand dollars multiplied by the district's state share percentage.
(D)(1) As used in this division, "log density" means the
logarithmic calculation (base 10) of each district's
transportation ADM per linear mile:
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE.
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION ADM DIVIDED BY TRANSPORTATION BASE.
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT PERCENTAGE. FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS EXPRESSED AS FOLLOWS:
(3) In addition to funds paid under divisions (A)
and, (C), (E), AND (F) of this
section, each district WITH A TRANSPORTED STUDENT PERCENTAGE GREATER THAN
ZERO shall receive a payment equal to sixty per cent A
PERCENTAGE of THE PRODUCT OF the district's transportation
ADM BASE times the district's most AVERAGE
efficient transportation use cost per transported student. THAT
PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE SPECIFIED FOR
(3) In fiscal years 1999 through 2002, notwithstanding the amount
calculated for each district under division (D)(2) of this section,
each district shall receive in the corresponding fiscal year the
following
percentage of the district's transportation ADM times the
district's most efficient transportation use cost per transported student:
FISCAL YEAR | PERCENTAGE |
2000 | 52.5% |
2001 | 55% |
2002 | 57.5% |
2003 AND THEREAFTER | 60% |
(4) For purposes of funding the
student transportation portion, the THE department of education
shall ANNUALLY determine the most AVERAGE efficient
transportation
use cost per transported student for each school district. This
cost per
student shall be an amount equal to the number ten to a power calculated in
accordance with the following formula:
(5) The department of education shall annually
update the most efficient
transportation use cost per transported student for each district in
accordance with the PRINCIPLES STATED IN DIVISION (D)(2) OF THIS
SECTION, UPDATING THE INTERCEPT AND REGRESSION COEFFICIENTS OF THE
REGRESSION formula MODELED in THAT division (D)(4) of
this section,
including the figures and log density component of that formula, based on
an annual statewide analysis of each district's transportationADMper linear
mile DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE,
and TRANSPORTATION COST DATA. THE DEPARTMENT shall notify the office
of budget and management of such update by
September of every year.
The department of education shall use the most recent available
PRIOR FISCAL YEAR'S data as of the first day of July of each
year to complete the annual update. The department shall
AND apply a 2.8 per cent inflation cost adjustment factor for
each
fiscal year since the fiscal year for which the data applies to adjust the
amount calculated for each district under division (D)(2) or (3) of
this section to the current fiscal year level.
(4) NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. H.B. 650 OF THE122nd GENERAL ASSEMBLY.
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO (4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD SUBSIDY IF BOTH OF THE FOLLOWING APPLY:
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN DIVISION (D)(6) OF THIS SECTION;
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT DIVISION.
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA:
WHERE:
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST COUNTY ROUGH ROAD PERCENTAGE IN THE STATE.
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS COST-OF-DOING-BUSINESS FACTOR.
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR F BY THE DEPARTMENT OF TRANSPORTATION.
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT STUDENT DENSITY IN THE STATE.
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE DISTRICT.
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS.
(7) In addition to funds paid under division DIVISIONS
(D)(2) or (3) TO (6) of this section, each district
shall receive in accordance with rules adopted by the state board of education
a payment for students transported by
means other than board-owned or contractor-operated buses and whose
transportation is not funded under division (J) of section 3317.024
of the Revised Code. The rules shall include
provisions for school district reporting of such students.
(E) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE VOCATIONAL
EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH SCHOOL DISTRICT IN
ACCORDANCE WITH THE FOLLOWING FORMULA:
(F)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE GIFTED
EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH SCHOOL DISTRICT THAT
COMPLIES WITH DIVISION (F)(3) OF THIS SECTION, IN
ACCORDANCE WITH THE FOLLOWING FORMULA:
(2) IN FISCAL YEARS 2000 AND 2001, NOTWITHSTANDING THE AMOUNT CALCULATED UNDER DIVISION (F)(1) OF THIS SECTION, THE DEPARTMENT SHALL PAY EACH SCHOOL DISTRICT THAT COMPLIES WITH DIVISION (F)(3) OF THIS SECTION THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER DIVISION (F)(1) OF THIS SECTION OR THE FOLLOWING PERCENTAGE OF THE AMOUNT IT RECEIVED IN FISCAL YEAR 1999 FOR GIFTED EDUCATION UNITS UNDER DIVISION (P) OF SECTION 3317.024 AND SECTION 3317.162 OF THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT:
FISCAL YEAR | PERCENTAGE |
2000 | 75% |
2001 | 65% |
(3) TO RECEIVE FUNDS UNDER DIVISIONS (F)(1) AND (2) OF THIS
SECTION, A SCHOOL DISTRICT SHALL FILE WITH THE DEPARTMENT OF EDUCATION,
NO LATER THAN THE FIRST DAY OF OCTOBER OF THE FISCAL YEAR,
A DISTRICT PLAN SPECIFYING THE MANNER IN WHICH IT WILL USE THE FUNDS TO SERVE
GIFTED
STUDENTS AND THE METHOD FOR SELECTING GIFTED STUDENTS TO PARTICIPATE IN GIFTED
PROGRAMS AND ACTIVITIES.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of the Revised Code, the amounts required to be paid to a district under this chapter shall be adjusted by the amount of the computations made under divisions (B) to (K) of this section.
As used in this section:
(1) "Classroom teacher" means a licensed employee who provides direct instruction to pupils, excluding teachers funded from money paid to the district from federal sources; educational service personnel; and vocational and special education teachers.
(2) "Educational service personnel" shall not include such specialists funded from money paid to the district from federal sources or assigned full-time to vocational or special education students and classes and may only include those persons employed in the eight specialist areas in a pattern approved by the department of education under guidelines established by the state board of education.
(3) "Annual salary" means the annual base salary stated in the state minimum salary schedule for the performance of the teacher's regular teaching duties that the teacher earns for services rendered for the first full week of October of the fiscal year for which the adjustment is made under division (C) of this section. It shall not include any salary payments for supplemental teachers contracts.
(4) "Regular student population" means the formula ADM
plus the number of students reported as enrolled in the district pursuant
to division (A)(1) of section 3313.981 of the Revised Code;
minus the number of students reported under
disvision DIVISION (A)(2) of section 3317.03 of the Revised
Code; minus the FTE of students reported under
division (B)(5), (6), (7), or (8), OR (9) of
that section who are enrolled
in a vocational education class or receiving special education;
and minus one-fourth of the students enrolled concurrently in a joint
vocational school district.
(B) If the district employs less than one full-time equivalent classroom teacher for each twenty-five pupils in the regular student population in any school district, deduct the sum of the amounts obtained from the following computations:
(1) Divide the number of the district's full-time equivalent classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's regular student population;
(3) Multiply the difference in (2) by seven hundred fifty-two dollars.
(C) If a positive amount, add one-half of the amount obtained by multiplying the number of full-time equivalent classroom teachers by:
(1) The mean annual salary of all full-time equivalent classroom teachers employed by the district at their respective training and experience levels minus;
(2) The mean annual salary of all such teachers at their respective levels in all school districts receiving payments under this section.
The number of full-time equivalent classroom teachers used in this computation shall not exceed one twenty-fifth of the district's regular student population. In calculating the district's mean salary under this division, those full-time equivalent classroom teachers with the highest training level shall be counted first, those with the next highest training level second, and so on, in descending order. Within the respective training levels, teachers with the highest years of service shall be counted first, the next highest years of service second, and so on, in descending order.
(D) This division does not apply to a school district that has entered into an agreement under division (A) of section 3313.42 of the Revised Code. Deduct the amount obtained from the following computations if the district employs fewer than five full-time equivalent educational service personnel, including elementary school art, music, and physical education teachers, counselors, librarians, visiting teachers, school social workers, and school nurses for each one thousand pupils in the regular student population:
(1) Divide the number of full-time equivalent educational service personnel employed by the district by five one-thousandths;
(2) Subtract the quotient in (1) from the district's regular student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted village school district to which a governing board of an educational service center provides services pursuant to section 3313.843 of the Revised Code, deduct the amount of the payment required for the reimbursement of the governing board under section 3317.11 of the Revised Code.
(F)(1) If the district is required to pay to or entitled to receive tuition from another school district under division (C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised Code, or if the superintendent of public instruction is required to determine the correct amount of tuition and make a deduction or credit under section 3317.08 of the Revised Code, deduct and credit such amounts as provided in division (I) of section 3313.64 or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible for tuition or payment under division (A)(1) of section 3317.082 or section 3323.091 of the Revised Code, deduct the amount of tuition or payment for which the district is responsible.
(G) If the district has been certified by the superintendent of public instruction under section 3313.90 of the Revised Code as not in compliance with the requirements of that section, deduct an amount equal to ten per cent of the amount computed for the district under section 3317.022 of the Revised Code.
(H) If the district has received a loan from a commercial lending institution for which payments are made by the superintendent of public instruction pursuant to division (E)(3) of section 3313.483 of the Revised Code, deduct an amount equal to such payments.
(I)(1) If the district is a party to an agreement entered into under division (D), (E), or (F) of section 3311.06 or division (B) of section 3311.24 of the Revised Code and is obligated to make payments to another district under such an agreement, deduct an amount equal to such payments if the district school board notifies the department in writing that it wishes to have such payments deducted.
(2) If the district is entitled to receive payments from another district that has notified the department to deduct such payments under division (I)(1) of this section, add the amount of such payments.
(J) If the district is required to pay an amount of funds to a cooperative education district pursuant to a provision described by division (B)(4) of section 3311.52 or division (B)(8) of section 3311.521 of the Revised Code, deduct such amounts as provided under that provision and credit those amounts to the cooperative education district for payment to the district under division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to attend school in another district pursuant to a shared education contract, compact, or cooperative education agreement other than an agreement entered into pursuant to section 3313.842 of the Revised Code, credit to that educating district on an FTE basis both of the following:
(a) An amount equal to the formula amount times the cost of doing business factor of the school district where the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code;
(b) An amount equal to the formula amount times the state share percentage times any multiple applicable to the student pursuant to section 3317.013 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1) of this section from amounts paid to the school district in which the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code.
(3) If the district is required by a shared education contract, compact,
or cooperative education agreement to make payments to an educational service
center, deduct the amounts from payments to the district and add them to the
amounts paid to the service center pursuant to section 3317.11 of the Revised
Code.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code, moneys
appropriated for the education programs in divisions (A) to (L),
AND (O), and (P) of this
section shall be distributed to school districts meeting
the requirements of section 3317.01 of the Revised Code;
in the case of divisions (I) and (J) and, in fiscal year 1999
only, division (P)(1) of this
section, to educational service centers as provided in section
3317.11 of the Revised Code; in the case of divisions (E),
(M), and (N) of this section, to
county MR/DD boards; in the case of division (I) of this section,
to joint vocational and cooperative education school districts;
in the case of division (K) of this section, to
cooperative
education school districts;
and in the case of division (Q)(P) of this section, to the
institutions defined under section 3317.082 of the Revised Code
providing elementary or secondary education programs to children
other than children receiving special education under section
3323.091 of the Revised Code. The following shall be distributed
monthly, quarterly, or annually as may be determined by the state
board of education:
(A) A per pupil amount to each school district that establishes a summer school remediation program that complies with rules of the state board of education.
(B) An amount for each island school district and each joint state school district for the operation of each high school and each elementary school maintained within such district and for capital improvements for such schools. Such amounts shall be determined on the basis of standards adopted by the state board of education.
(C) An amount for each school district operating classes for children of migrant workers who are unable to be in attendance in an Ohio school during the entire regular school year. The amounts shall be determined on the basis of standards adopted by the state board of education, except that payment shall be made only for subjects regularly offered by the school district providing the classes.
(D) An amount for each school district with guidance, testing, and counseling programs approved by the state board of education. The amount shall be determined on the basis of standards adopted by the state board of education.
(E) An amount for the emergency purchase of school buses as provided for in section 3317.07 of the Revised Code;
(F) An amount for each school district required to pay tuition for a child in an institution maintained by the department of youth services pursuant to section 3317.082 of the Revised Code, provided the child was not included in the calculation of the district's average daily membership for the preceding school year.
(G) An amount to each school district for supplemental salary allowances for each licensed employee except those licensees serving as superintendents, assistant superintendents, principals, or assistant principals, whose term of service in any year is extended beyond the term of service of regular classroom teachers, as described in section 3301.0725 of the Revised Code;
(H) An amount for adult basic literacy education for each district participating in programs approved by the state board of education. The amount shall be determined on the basis of standards adopted by the state board of education.
(I) Notwithstanding section 3317.01 of the Revised Code, to each city, local, and exempted village school district, an amount pursuant to section 3301.17 of the Revised Code for conducting driver education courses at high schools for which the state board of education prescribes minimum standards and to joint vocational and cooperative education school districts and educational service centers, an amount pursuant to such section for conducting driver education courses to pupils enrolled in a high school for which the state board prescribes minimum standards;
(J) An amount for the approved cost of transporting developmentally handicapped pupils whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by the district or service center. No district or service center is eligible to receive a payment under this division for the cost of transporting any pupil whom it transports by regular school bus and who is included in the district's transportation ADM. The state board of education shall establish standards and guidelines for use by the department of education in determining the approved cost of such transportation for each district or service center.
(K) An amount to each school district, including each cooperative education school district, pursuant to section 3313.81 of the Revised Code to assist in providing free lunches to needy children and an amount to assist needy school districts in purchasing necessary equipment for food preparation. The amounts shall be determined on the basis of rules adopted by the state board of education.
(L) An amount to each school district, for each pupil attending a chartered nonpublic elementary or high school within the district. The amount shall equal the amount appropriated for the implementation of section 3317.06 of the Revised Code divided by the average daily membership in grades kindergarten through twelve in nonpublic elementary and high schools within the state as determined during the first full week in October of each school year.
(M) An amount for each county MR/DD board, distributed on the basis of standards adopted by the state board of education, for the approved cost of transportation required for children attending special education programs operated by the county MR/DD board under section 3323.09 of the Revised Code;
(N) An amount for each county MR/DD board, distributed on the basis of standards adopted by the state board of education, for supportive home services for preschool children;
(O) An amount for each school district that establishes a mentor teacher program that complies with rules of the state board of education. No school district shall be required to establish or maintain such a program in any year unless sufficient funds are appropriated to cover the district's total costs for the program.
(P)(1) For fiscal year 1999 only, an
amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the unit, calculated on the basis of the teacher's training
level and years of experience pursuant to section 3317.13 of the Revised Code,
plus fifteen per cent of that minimum salary
amount, plus two thousand six hundred seventy-eight
dollars.
(2) The general assembly intends to begin a review and revision of
the funding formula for
gifted education services in 1999. The analysis and any
resulting calculations shall
be based upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated by a study
funded through the department of education.
(Q) An amount to each
institution defined under section 3317.082 of the
Revised Code providing elementary or
secondary education to children other than children receiving
special education under section 3323.091 of the
Revised Code. This amount for any
institution in any fiscal year shall equal the total of all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
The state board of education or any other board of
education or governing board may provide for any resident of a district
or educational service center territory any
educational service for which funds are made available to the
board by the United States under the authority of public law,
whether such funds come directly or indirectly from the United
States or any agency or department thereof or through the state
or any agency, department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section:
(1) "DPIA percentage" means the quotient obtained by dividing the five-year average number of children ages five to seventeen residing in the school district and living in a family receiving family assistance, as certified or adjusted under section 3317.10 of the Revised Code, by the district's three-year average formula ADM.
(2) "Family assistance" means assistance received under the Ohio works first program or, for the purpose of determining the five-year average number of recipients of family assistance in fiscal years 1999 through 2002, assistance received under an antecedent program known as TANF or ADC.
(3) "Statewide DPIA percentage" means the five-year average of the total number of children ages five to seventeen years residing in the state and receiving family assistance, divided by the sum of the three-year average formula ADMs for all school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing the school district's DPIA percentage by the statewide DPIA percentage.
(5) "Kindergarten ADM" means the number of students reported under section 3317.03 of the Revised Code as enrolled in kindergarten.
(6) "Kindergarten through third grade ADM" means the amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus the all-day kindergarten percentage;
(b) Add the number of students in grades one through three;
(d)(c) Subtract from the sum calculated under division
(A)(6)(c)(b) of this section the
number of special education students in grades kindergarten
through three.
(7) "Statewide average teacher salary" means thirty-nine
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN DOLLARS IN
FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED TWELVE dollars
IN FISCAL YEAR 2001, which includes an amount for the
value of fringe benefits.
(8) "All-day kindergarten" means a kindergarten class that is in session five days per week for not less than the same number of clock hours each day as for pupils in grades one through six.
(9) "All-day kindergarten percentage" means the percentage of a district's actual total number of students enrolled in kindergarten who are enrolled in all-day kindergarten.
(10) "Buildings with the highest concentration of need" means the school buildings in a district with percentages of students receiving family assistance in grades kindergarten through three at least as high as the district-wide percentage of students receiving family assistance. If, however, the information provided by the department of human services under section 3317.10 of the Revised Code is insufficient to determine the family assistance percentage in each building, "buildings with the highest concentration of need" has the meaning given in rules that the department of education shall adopt. The rules shall base the definition of "buildings with the highest concentration of need" on family income of students in grades kindergarten through three in a manner that, to the extent possible with available data, approximates the intent of this division and division (G) of this section to designate buildings where the family assistance percentage in those grades equals or exceeds the district-wide family assistance percentage.
(B) In addition to the amounts required to be paid to a school district under section 3317.022 of the Revised Code, a school district shall receive the greater of the amount the district received in fiscal year 1998 pursuant to division (B) of section 3317.023 of the Revised Code as it existed at that time or the sum of the computations made under divisions (C) to (E) of this section.
(C) A supplemental payment that may be utilized for measures related to safety and security and for remediation or similar programs, calculated as follows:
(1) If the DPIA index of the school district is greater than or equal to thirty-five-hundredths, but less than one, an amount obtained by multiplying the five-year average number of pupils in a district receiving family assistance by two hundred thirty dollars;
(2) If the DPIA index of the school district is greater than or equal to one, an amount obtained by multiplying the DPIA index by two hundred thirty dollars and multiplying that product by the five-year average number of pupils in a district receiving family assistance.
(D) A payment for all-day kindergarten if the DPIA index of the school district is greater than or equal to one or if the district's three-year average formula ADM exceeded seventeen thousand five hundred, calculated by multiplying the all-day kindergarten percentage by the kindergarten ADM and multiplying that product by the formula amount.
(E) A class-size reduction payment based on calculating the number of new teachers necessary to achieve a lower student-teacher ratio, as follows:
(1) Determine or calculate a formula number of teachers per one thousand students based on the DPIA index of the school district as follows:
(a) If the DPIA index of the school district is less than six-tenths, the formula number of teachers is 43.478, which is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one;
(b) If the DPIA index of the school
district is greater than or equal to six-tenths, but less than
two and one-half, the formula number of teachers is calculated as
follows:
Where 43.478 is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one; 1.9 is the interval from a DPIA index of six-tenths to a DPIA index of two and one-half; and 23.188 is the difference in the number of teachers per one thousand students at a student-teacher ratio of fifteen to one and the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one.
(c) If the DPIA index of the school district is greater than or equal to two and one-half, the formula number of teachers is 66.667, which is the number of teachers per one thousand students at a student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or calculated in division (E)(1) of this section by the kindergarten through third grade ADM for the district and divide that product by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM by 43.478, which is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one, and divide that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) of this section from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under division (E)(3) of this section or zero by the statewide average teachers salary.
(F) This division applies only to school districts whose DPIA index is one or greater.
(1) Each school district subject to this division shall first utilize funds received under this section so that, when combined with other funds of the district, sufficient funds exist to provide all-day kindergarten to at least the number of children in the district's all-day kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index multiplied by the five-year average number of pupils in a district receiving family assistance multiplied by two hundred thirty dollars of the money distributed under this section may be utilized for one or both of the following:
(a) Programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(b) Remediation for students who have failed or are in danger of failing any of the proficiency tests administered pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this section, all other funds distributed under this section to districts subject to this division shall be utilized for the purpose of the third grade guarantee. The third grade guarantee consists of increasing the amount of instructional attention received per pupil in kindergarten through third grade, either by reducing the ratio of students to instructional personnel or by increasing the amount of instruction and curriculum-related activities by extending the length of the school day or the school year.
School districts may implement a reduction of the ratio of students to instructional personnel through any or all of the following methods:
(a) Reducing the number of students in a classroom taught by a single teacher;
(b) Employing full-time educational aides or educational paraprofessionals issued a permit or license under section 3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing the amount of time allocated for each class, increasing the number of classes provided per day, offering optional academic-related after-school programs, providing curriculum-related extra curricular activities, or establishing tutoring or remedial services for students who have demonstrated an educational need. In accordance with section 3319.089 of the Revised Code, a district extending the school day pursuant to this division may utilize a participant of the work experience program who has a child enrolled in a public school in that district and who is fulfilling the work requirements of that program by volunteering or working in that public school. If the work experience program participant is compensated, the school district may use the funds distributed under this section for all or part of the compensation.
Districts may extend the school year either through adding regular days of instruction to the school calendar or by providing summer programs.
(G) Each district subject to division (F) of this section shall not expend any funds received under division (E) of this section in any school buildings that are not buildings with the highest concentration of need, unless there is a ratio of instructional personnel to students of no more than fifteen to one in each kindergarten and first grade class in all buildings with the highest concentration of need. This division does not require that the funds used in buildings with the highest concentration of need be spent solely to reduce the ratio of instructional personnel to students in kindergarten and first grade. A school district may spend the funds in those buildings in any manner permitted by division (F)(3) of this section, but may not spend the money in other buildings unless the fifteen-to-one ratio required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each school district wishing to receive any funds under division (D) of this section shall submit to the department of education an estimate of its all-day kindergarten percentage. Each district shall update its estimate throughout the fiscal year in the form and manner required by the department, and the department shall adjust payments under this section to reflect the updates.
(2) Annually by the end of December, the department of education, utilizing data from the information system established under section 3301.0714 of the Revised Code and after consultation with the legislative office of education oversight, shall determine for each school district subject to division (F) of this section whether in the preceding fiscal year the district's ratio of instructional personnel to students; and its number of kindergarten students receiving all-day kindergarten appear reasonable, given the amounts of money the district received for that fiscal year pursuant to divisions (D) and (E) of this section. If the department is unable to verify from the data available that students are receiving reasonable amounts of instructional attention and all-day kindergarten, given the funds the district has received under this section and that class-size reduction funds are being used in school buildings with the highest concentration of need as required by division (G) of this section, the department shall conduct a more intensive investigation to ensure that funds have been expended as required by this section. The department shall file an annual report of its findings under this division with the chairpersons of the committees in each house of the general assembly dealing with finance and education.
(I) Any school district with a DPIA index less than one and a three-year average formula ADM exceeding seventeen thousand five hundred shall first utilize funds received under this section so that, when combined with other funds of the district, sufficient funds exist to provide all-day kindergarten to at least the number of children in the district's all-day kindergarten percentage. Such a district shall expend at least seventy per cent of the remaining funds received under this section, and any other district with a DPIA index less than one shall expend at least seventy per cent of all funds received under this section, for any of the following purposes:
(1) The purchase of technology for instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are ready to progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described by the department of education;
(11) Programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(12) Furnishing, free of charge, materials used in courses of instruction, except for the necessary textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section 3313.813 of the Revised Code.
Each district shall submit to the department, in such format and at such time as the department shall specify, a report on the programs for which it expended funds under this division.
(J) If at any time the superintendent of public instruction determines that a school district receiving funds under division (D) of this section has enrolled less than the all-day kindergarten percentage reported for that fiscal year, the superintendent shall withhold from the funds otherwise due the district under this section a proportional amount as determined by the difference in the certified all-day kindergarten percentage and the percentage actually enrolled in all-day kindergarten.
The superintendent shall also withhold an appropriate amount of funds
otherwise due a district for any other misuse of funds not in accordance with
this section.
Sec. 3317.0212. Divisions (B) and (C) of this section do not apply to a school district with a formula ADM of one hundred fifty or less.
(A) As used in this section:
(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998 state aid" for a district means the total amount of state money received by the district for the applicable fiscal year as reported on the department of education's form "SF-12," adjusted as follows:
(a) Minus the amount for transportation;
(b) Minus any amounts for approved preschool handicapped units;
(c) Minus any additional amount attributable to the reappraisal guarantee of division (C) of section 3317.04 of the Revised Code;
(d) Plus the amount deducted for payments to an educational service center;
(e) Plus an estimated portion of the state money
distributed in the applicable fiscal year to other school
districts or educational service centers for approved units,
other than preschool handicapped or gifted education units,
attributable to the costs of providing services in those units
to students entitled to attend school in the district;
(f) Minus an estimated portion of the state money
distributed to the school district in the applicable fiscal year
for approved units, other than preschool handicapped units or
gifted education units, attributable to the costs of providing
services in those units to students entitled to attend school in another
school district;
(g) Plus any additional amount paid in the applicable fiscal year pursuant to the vocational education recomputation required by Section 45.12 of Amended Substitute House Bill No. 117 of the 121st general assembly or former Section 50.22 of Amended Substitute House Bill No. 215 of the 122nd general assembly;
(h) Plus any additional amount paid in the applicable fiscal year pursuant to the special education recomputation required by former division (I) of section 3317.023 of the Revised Code;
(i) Plus any amount paid for equity aid in the applicable fiscal year under section 3317.0213 of the Revised Code;
(j) Plus any amount received for the applicable fiscal year pursuant to section 3317.027 of the Revised Code;
(k) Plus any amount received for the applicable fiscal year resulting from a recomputation made under division (B) of section 3317.022 of the Revised Code.
(2) "Enhanced FY 1998 state aid" for a district means its fundamental FY 1998 state aid, AS DEFINED IN THE VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, plus any amounts for which the district was eligible pursuant to division (K) of section 3317.024 of the Revised Code, as that division existed in fiscal year 1998.
(3) "State basic aid" for a district for any fiscal year
after fiscal year 1998 1999 means
the sum of the following:
(a) The amount computed for the district for basic formula
aid and BASE COST FUNDING, special education funding,
VOCATIONAL
EDUCATION FUNDING, AND GIFTED EDUCATION FUNDING under divisions (A),
(B), and (C)(1), (E), AND (F) of
section 3317.022 and sections 3317.025 and 3317.027 of
the Revised Code and DPIA aid under section 3317.029
of the Revised Code in the current fiscal year
before any deduction or credit required by
division
(B), (D), (E), (F), (G), (H), (I), (J), or
(K) of section 3317.023 or division (J) of section
3317.029 of the Revised Code;
(b) Any amounts for which the district is eligible pursuant to division (C)
of section
3317.023, divisions AND DIVISION (G) and (P) of section
3317.024, and division (B) of section 3317.162 of the
Revised Code;
(c) Any equity aid for which the district is eligible under section 3317.0213 of the Revised Code.
(B) Upon request of the department of education, the treasurer of any school district or educational service center shall furnish data needed to calculate the amounts specified in divisions (A)(1)(e) and (f) of this section. The department shall compute the state basic aid guarantee for each school district for the fiscal year as follows:
(1) Subtract the amount of state basic aid from the amount of fundamental FY 1998 state aid. If a negative number, this computation shall be deemed to be zero.
(2) Compute the following amounts:
(a) Formula ADM X (state basic aid/formula ADM);
(b) The greater of formula ADM or three-year average formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM).
(3) If the amount computed under division (B)(2)(b) of this section is greater than the amount computed under division (B)(2)(a) of this section, determine the amount by which it is greater. If the amount computed under division (B)(2)(b) of this section is not greater than the amount computed under division (B)(2)(a) of this section, this computation shall be deemed to be zero.
(4) Except as provided in division (C) of this section, the department shall determine for each district the lesser of the amounts computed in divisions (B)(1) and (3) of this section and, if greater than zero, pay the district that amount.
(C) In fiscal year 1999, the
department shall calculate for each
district the
sum of the district's "state basic aid" for fiscal
year
1999, AS THAT TERM WAS DEFINED IN THE VERSION OF THIS SECTION IN
EFFECT IN THAT FISCAL YEAR, plus the transportation portion of
state aid
computed FOR THE DISTRICT FOR THAT FISCAL YEAR under
division (D) of THE VERSION OF section
3317.022 of the Revised Code for the district for IN EFFECT
THAT
fiscal year 1999. If a district's enhanced
FY 1998 state aid is greater than that sum, then the department
shall pay the
district in fiscal year 1999 one hundred per cent of the
difference or the amount required by division (B)(4) of this
section, whichever is greater.
(D)(1) The state basic aid guarantee in any fiscal year for a school district with a formula ADM of one hundred fifty or less shall be the greatest of the following amounts:
(a) The district's state basic aid for the fiscal year, AS DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL YEAR;
(b) The district's fundamental FY 1998 state aid, AS DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL YEAR;
(c) The district's fundamental FY 1997 state aid, AS DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL YEAR.
(2) If in any fiscal year the state basic aid for a school district with a
formula ADM of one hundred fifty or less is less than the guarantee
amount determined for the district under division (D)(1) of this
section, the department of education shall pay the district the amount of the
difference.
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current expenses" means the sum of the taxes charged and payable as certified under division (A)(3) of section 3317.021 of the Revised Code, and the tax liability for the preceding year under any school district income tax levied by the district pursuant to Chapter 5748. of the Revised Code to the extent the revenue from the income tax is allocated or apportioned to current expenses.
(2) "State equalization enhancement payments" means any payment made to a school district pursuant to section 3317.0215 of the Revised Code for the preceding fiscal year.
(3) "Charge-off amount" means the product obtained by multiplying two and three-tenths per cent by adjusted total taxable value.
(4) "Total receipts available for current expenses" of a school district means the sum of total taxes charged and payable for current expenses and the district's state equalization enhancement payments.
(5) "Local share of special education and related services additional weighted costs" has the same meaning as in division (C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION ADDITIONAL WEIGHTED
COSTS" FOR EACH SCHOOL DISTRICT MEANS THE AMOUNT DETERMINED AS FOLLOWS:
(B) Upon receiving the certifications under section 3317.021 of the Revised Code, the department of education shall determine for each city, local, and exempted village school district whether the district's charge-off amount is greater than the district's total receipts available for current expenses, and if it is, shall pay the district the amount of the difference. A payment shall not be made to any school district for which the computation under division (A) of section 3317.022 of the Revised Code equals zero.
(C)(1) If a district's charge-off amount is equal to or greater
than its total receipts available for current expenses, the
department shall, in addition to the payment required under
division (B) of this section, pay the district the amount of the
local share of special education expenses AND RELATED SERVICES
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF VOCATIONAL
EDUCATION ADDITIONAL WEIGHTED COSTS.
(2) If a district's charge-off amount is less than its
total receipts available for current expenses, the department
shall pay the district any amount by
which THE SUM OF
its local share of
special education and related services additional weighted costs PLUS ITS
LOCAL SHARE OF VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS exceeds its
total receipts available for current expenses minus its charge-off amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and (C) of this section, any student enrolled in kindergarten more than half time shall be reported as one-half student under this section.
(A) The superintendent of each city and exempted village school district and of each educational service center shall, for the schools under the superintendent's supervision, certify to the state board of education on or before the fifteenth day of October in each year for the first full school week in October the formula ADM, which shall consist of the average daily membership during such week of the sum of the following:
(1) On an FTE basis, the number of students in grades kindergarten through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in another district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.
(2) On an FTE basis, the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code, but receiving educational services in grades kindergarten through twelve from one or more of the following entities:
(a) A community school pursuant to Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code;
(d) An adjacent or other school district under an open enrollment policy adopted pursuant to section 3313.98 of the Revised Code;
(e) An educational service center or cooperative education district;
(f) Another school district under a cooperative education agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint vocational school district or under a vocational education compact;
(4) The number of handicapped children, other than handicapped preschool children, entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are placed with a county MR/DD board, minus the number of such children placed with a county MR/DD board in fiscal year 1998. If this calculation produces a negative number, the number reported under division (A)(4) of this section shall be zero.
(B) To enable the department of education to obtain the data needed to complete the calculation of payments pursuant to this chapter, in addition to the formula ADM, each superintendent shall report separately the following student counts:
(1) The total average daily membership in regular day classes included in the report under division (A)(1) or (2) of this section for kindergarten, and each of grades one through twelve in schools under the superintendent's supervision;
(2) The average daily membership of all handicapped preschool children included in a unit approved for the district under section 3317.05 of the Revised Code, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are participating in a pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section, are enrolled in a college under Chapter 3365. of the Revised Code, are enrolled in an adjacent or other school district under section 3313.98 of the Revised Code, are enrolled in a community school established under Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly, or are participating in a program operated by a county MR/DD board or a state institution;
(4) The number of pupils enrolled in joint vocational schools;
(5) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category one special education services, described in division (A) of section 3317.013 of the Revised Code;
(6) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category two special education services, described in division (B) of section 3317.013 of the Revised Code;
(7) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section identified as having any of the handicaps specified in division (F)(3) of section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under division (A)(1) or (2) of this section enrolled in CATEGORY ONE vocational education programs or classes, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 of the Revised Code, operated by the school district or by another district, other than a joint vocational school district, or by an educational service center;
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 of the Revised Code, OPERATED BY THE SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;
(10) The average number of children transported by the school district on board-owned or contractor-owned and -operated buses, reported in accordance with rules adopted by the department of education;
(10)(11)(a) The number of children, other than
handicapped preschool children, the district placed with a
county MR/DD board in fiscal
year 1998;
(b) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category one special education services, described in division (A) of section 3317.013 of the Revised Code;
(c) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category two special education services, described in division (B) of section 3317.013 of the Revised Code;
(d) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category three special education services, described in division (F)(3) of section 3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to (8)(9) of this section shall be based
upon the number of full-time equivalent students. The state board of
education shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the purposes of divisions (A) and, (B), AND
(D) of this section. No child shall be
counted as more than a total of one child in the
sum of the average daily memberships of a
school district under division (A) or under, divisions
(B)(1) to (8)(9), OR DIVISION (D) of this
section. Based on the information reported
under this section, the department of education shall determine the total
student count, as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational and
cooperative education school district shall certify to
the superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE FIFTEENTH
DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL WEEK IN
OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF
THE average daily memberships for all students in
the joint vocational or cooperative
education school district,
MEMBERSHIP DURING SUCH WEEK, ON AN FTE BASIS, OF THE
NUMBER OF
STUDENTS RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT,
EXCEPT THAT THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE
INCLUDED IN THE DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES;
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT TO SECTION 3313.98 of the Revised Code;
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO SECTIONS 3317.081 AND 3323.141 of the Revised Code.
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE FOLLOWING CATEGORIES OF STUDENTS:
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT VOCATIONAL DISTRICT SCHOOLS;
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 of the Revised Code;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 of the Revised Code;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 of the Revised Code;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 of the Revised Code;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 of the Revised Code.
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT
SHALL also indicating INDICATE the city, local, or
exempted village school district of residence for IN WHICH each
JOINT VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL
PURSUANT TO SECTION 3313.64 OR 3313.65 of the Revised Code.
(E) In each school of each city, local, exempted village, joint vocational, and cooperative education school district there shall be maintained a record of school membership, which record shall accurately show, for each day the school is in session, the actual membership enrolled in regular day classes. For the purpose of determining average daily membership, the membership figure of any school shall not include any pupils except those pupils described by division (A) of this section. The record of membership for each school shall be maintained in such manner that no pupil shall be counted as in membership prior to the actual date of entry in the school and also in such manner that where for any cause a pupil permanently withdraws from the school that pupil shall not be counted as in membership from and after the date of such withdrawal. There shall not be included in the membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district during the previous school year when tests were administered under section 3301.0711 of the Revised Code but did not take one or more of the tests required by that section and was not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years, except for the following:
(a) Persons suffering from tuberculosis and receiving treatment in any approved state, county, district, or municipal tuberculosis hospital who have not graduated from the twelfth grade of a public high school;
(b) Veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for reenrollment in the public school system of their residence not later than four years after termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4)(b) of this section elects to enroll in special courses organized for veterans for whom tuition is paid under the provisions of federal laws, or otherwise, that veteran shall not be included in average daily membership.
Notwithstanding division (E)(3) of this section, the membership of any school may include a pupil who did not take a test required by section 3301.0711 of the Revised Code if the superintendent of public instruction grants a waiver from the requirement to take the test to the specific pupil. The superintendent may grant such a waiver only for good cause in accordance with rules adopted by the state board of education.
The average daily membership figure of any local, city, or
exempted village, OR JOINT VOCATIONAL school district shall be
determined by dividing
the figure representing the sum of the number of pupils enrolled during each
day the school of attendance is actually open for
instruction during the first full school week in October by the total number
of days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those handicapped children currently
receiving home instruction.
The average daily membership figure of any joint vocational
or cooperative education school district shall be determined in
accordance with rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school
week in February is at
least three per cent greater than that certified for the first
full school week in the preceding October, the superintendent of
schools of any city or, exempted village, OR JOINT
VOCATIONAL school district
or educational service center shall certify such increase to the
superintendent of public
instruction. Such certification shall be submitted no later than
the fifteenth day of February. For the balance of the fiscal
year, beginning with the February payments, the superintendent of
public instruction shall use the increased formula
ADM in calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 OR 3317.16 of
the Revised
Code. In no event shall the superintendent use an increased
membership certified to the superintendent after the
fifteenth day of February.
(2) If during the first full school week in February the total number of units for handicapped preschool children that are eligible for approval under division (B) of section 3317.05 of the Revised Code exceeds the number of such units that have been approved for the year under such division, the superintendent of schools of any city, exempted village, or cooperative education school district or educational service center shall make the certifications required by this section for such week. If the state board of education determines additional units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such units, the board shall approve additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in section 3317.161 or 3317.19 and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the total number of
special education units that are eligible for approval under division (D)(1)
of section 3317.05 of the Revised Code for a joint vocational school district
exceeds the number of those units that have been approved for the year under
that division, the superintendent of the district shall make the
certifications required by this section for that week. If the state board of
education determines additional units can be approved for the fiscal year
within any limitations set forth in the acts appropriating moneys for the
funding of such units, the state board shall approve additional units for the
fiscal year on the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount computed in the
manner prescribed by section 3317.16 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a special education program pursuant to section 3323.091 of the Revised Code shall, for the programs under such superintendent's supervision, certify to the state board of education the average daily membership of all handicapped children in classes or programs approved annually by the state board of education, in the manner prescribed by the superintendent of public instruction.
(b) The superintendent of an institution with vocational education units approved under division (A) of section 3317.05 of the Revised Code shall, for the units under the superintendent's supervision, certify to the state board of education the average daily membership in those units, in the manner prescribed by the superintendent of public instruction.
(2) The superintendent of each county MR/DD board that maintains special education classes or units approved by the state board of education pursuant to section 3317.05 of the Revised Code shall do both of the following:
(a) Certify to the state board, in the manner prescribed by the board, the average daily membership in classes and units approved under division (D)(1) of section 3317.05 of the Revised Code for each school district that has placed children in the classes or units;
(b) Certify to the state board, in the manner prescribed by the board, the average daily membership in preschool handicapped units approved under division (B) of section 3317.05 of the Revised Code.
(3) If during the first full school week in February the average daily membership of the classes or units maintained by the county MR/DD board that are eligible for approval under division (D)(1) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent of the board shall make the certifications required by this section for such week and, if during the first full school week in February the average daily membership of the units maintained by the county MR/DD board that are eligible for approval under division (B) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent shall certify the average daily membership for the first full school week in February for such units to the state board of education. If the state board determines that additional classes or units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such classes and units, the board shall approve and fund additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in sections 3317.161 and 3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, when any city, local, or exempted village school district provides instruction for a nonresident pupil whose attendance is unauthorized attendance as defined in section 3327.06 of the Revised Code, that pupil's membership shall not be included in that district's membership figure used in the calculation of that district's formula ADM or included in the determination of any unit approved for the district under section 3317.05 of the Revised Code. The reporting official shall report separately the average daily membership of all pupils whose attendance in the district is unauthorized attendance, and the membership of each such pupil shall be credited to the school district in which the pupil is entitled to attend school under division (B) of section 3313.64 or section 3313.65 of the Revised Code as determined by the department of education.
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL school district admitting a scholarship student of a pilot project district pursuant to division (C) of section 3313.976 of the Revised Code may count such student in its average daily membership.
(2) In any year for which funds are appropriated for pilot project scholarship programs, a school district implementing a state-sponsored pilot project scholarship program that year pursuant to sections 3313.974 through 3313.979 of the Revised Code may count in average daily membership:
(a) All children residing in the district and utilizing a scholarship to attend kindergarten in any alternative school, as defined in division (A)(9) of section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the preceding year who are utilizing a scholarship to attend any such alternative school.
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION SCHOOL
DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION, IN A
MANNER PRESCRIBED BY THE STATE BOARD OF EDUCATION, THE APPLICABLE AVERAGE
DAILY MEMBERSHIPS FOR ALL STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO
INDICATING THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 of the Revised Code.
Sec. 3317.033. In accordance with rules which the state board of education shall adopt, each joint vocational school district shall do both of the following:
(A) Maintain a record of district
membership of any persons who are not
eligible to be included in the average daily membership
determined
under division (D) of section 3317.03 of the Revised Code and
who are participating in a
program funded with a secondary vocational education job-training unit
approved under division (A) of section 3317.05 of the Revised Code;
(B) Annually certify to the state board of education the number of persons
for whom a record is maintained under division (A) of this section. These
numbers shall be reported for each unit and on a full-time equivalent
basis.
Sec. 3317.05. (A) For the purpose of calculating
payments under sections 3317.16, 3317.161,
and 3317.162 of the
Revised Code, the state board of
education shall determine for each joint vocational school
district and institution, by the last day of
January of each year and based on information certified under
section 3317.03 of the Revised Code, the number of
vocational education units or fractions of units
approved by the state board on the basis of standards
and rules adopted by the state board. As used in this division,
"institution" means an institution operated by a department specified in
section 3323.091 of the Revised Code and that provides
vocational education programs under the supervision of the
division of vocational education of the department of education
that meet the standards and rules for these programs, including
licensure of professional staff involved in the programs, as
established by the state board of education.
(B) For the purpose of calculating payments under sections 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the state board shall determine, based on information certified under section 3317.03 of the Revised Code, the following by the last day of January of each year for each educational service center, for each school district, including each cooperative education school district, for each institution eligible for payment under section 3323.091 of the Revised Code, and for each county MR/DD board: the number of classes operated by the school district, service center, institution, or county MR/DD board for handicapped preschool children, or fraction thereof, including in the case of a district or service center that is a funding agent, classes taught by a licensed teacher employed by that district or service center under section 3313.841 of the Revised Code, approved annually by the state board on the basis of standards and rules adopted by the state board.
(C) For the purpose of calculating payments under sections 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the state board shall determine, based on information certified under section 3317.03 of the Revised Code, the following by the last day of January of each year for each school district, including each cooperative education school district, for each institution eligible for payment under section 3323.091 of the Revised Code, and for each county MR/DD board: the number of preschool handicapped related services units for child study, occupational, physical, or speech and hearing therapy, special education supervisors, and special education coordinators approved annually by the state board on the basis of standards and rules adopted by the state board.
(D) For the purpose of
calculating payments under sections 3317.16,
3317.161, and 3317.162 of the
Revised Code, the state board shall determine, based on
information certified under section 3317.03 of the Revised
Code, the following by the last day of January of each year for
each joint vocational school district, for each institution
eligible for payment under section 3323.091 of the
Revised Code, and for each county MR/DD board:
(1) The number of classes operated by a joint vocational
school district, AN institution, or county
MR/DD board for handicapped
children other than handicapped preschool children, or fraction
thereof, approved annually by the state board on
the basis of standards and rules adopted by the state board;
(2) The number of related services units for children other than handicapped preschool children for child study, occupational, physical, or speech and hearing therapy, special education supervisors, and special education coordinators approved annually by the state board on the basis of standards and rules adopted by the state board.
(E) All of the arithmetical calculations made under this section shall be carried to the second decimal place. The total number of units for school districts, service centers, and institutions approved annually by the state board under this section shall not exceed the number of units included in the state board's estimate of cost for these units and appropriations made for them by the general assembly.
In the case of units described in division (D)(1) of this section operated by county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code, the state board shall approve only units for persons who are under age twenty-two on the first day of the academic year, but not less than six years of age on the thirtieth day of September of that year, except that such a unit may include one or more children who are under six years of age on the thirtieth day of September if such children have been admitted to the unit pursuant to rules of the state board. In the case of handicapped preschool units described in division (B) of this section operated by county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code, the state board shall approve only preschool units for children who are under age six but not less than age three on the thirtieth day of September of the academic year, except that such a unit may include one or more children who are under age three or are age six or over on the thirtieth day of September if such children have been admitted to the unit pursuant to rules of the state board of education. The number of units for county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code approved by the state board under this section shall not exceed the number that can be funded with appropriations made for such purposes by the general assembly.
No unit shall be approved under divisions (B) to (D) of this section unless a plan has been submitted and approved under Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the department shall approve units
or fractions thereof for gifted children on the basis of standards and rules
adopted by the board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and 3317.11
of the Revised Code, a unit funded pursuant to division
(P)(1) of section 3317.024 or division (A)(2)
of section 3317.161 of the Revised Code shall not be approved for
state funding in one school
district, including any joint vocational or cooperative
education school district or any educational service
center, to the extent that such unit provides programs in or services to
another district which receives payment pursuant to section 3317.04 of the
Revised Code.
(2) Any city, local, exempted village, or cooperative education school district or any educational service center may combine partial unit eligibility for handicapped preschool programs pursuant to section 3317.05 of the Revised Code, and such combined partial units may be approved for state funding in one school district or service center.
(B) After units have been initially approved for any
fiscal year under
section 3317.05 of the Revised Code, no unit shall be subsequently
transferred
from a school district or educational service center to another city,
exempted village, local, joint
vocational, or cooperative education school district or educational
service
center or to an institution or
county MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives payment
pursuant to section 3317.04 of the Revised Code.
Sec. 3317.06. Moneys paid to school districts under division (L) of section 3317.024 of the Revised Code shall be used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks OR ELECTRONIC TEXTBOOKS as have
been
approved by the superintendent of public instruction for use in
public schools in the state and to loan such textbooks OR ELECTRONIC
TEXTBOOKS to pupils
attending nonpublic schools within the district or to their
parents and to hire clerical personnel to administer such lending
program. Such loans shall be based upon individual requests
submitted by such nonpublic school pupils or parents. Such
requests shall be submitted to the school district in which the
nonpublic school is located. Such individual requests for the
loan of textbooks OR ELECTRONIC TEXTBOOKS shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section, "textbook:
(1) "TEXTBOOK" means any book or book
substitute which THAT a pupil uses as a CONSUMABLE OR
NONCONSUMABLE text or, text substitute, OR TEXT
SUPPLEMENT in a
particular class or program in the school the pupil regularly
attends.
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER COURSEWARE, LOCAL AND REMOTE COMPUTER-ASSISTED INSTRUCTION, ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to pupils attending nonpublic schools within the district. Such service shall be provided in the nonpublic school attended by the pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric services to pupils attending nonpublic schools within the district. Such services shall be provided in the school attended by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils attending nonpublic schools within the district. Such services shall be provided in the school attended by the pupil receiving the service.
(E) To provide therapeutic psychological and speech and hearing services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(F) To provide guidance and counseling services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(G) To provide remedial services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(H) To supply for use by pupils attending nonpublic schools within the district such standardized tests and scoring services as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic schools within the district and are handicapped children as defined in division (A) of section 3323.01 of the Revised Code or gifted children. Such programs shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such programs are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.;
(K) To purchase any secular, neutral, and nonideological
computer software (INCLUDING SITE-LICENSING), prerecorded
video laserdiscs, DIGITAL VIDEO ON DEMAND (DVD),
compact discs, and
video cassette cartridges and, WIDE AREA CONNECTIVITY AND
RELATED TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science
equipment and
materials, INSTRUCTIONAL MATERIALS, AND SCHOOL LIBRARY MATERIALS
that are in general use in the public schools of the
state and loan such computer software, prerecorded
video laserdiscs,
compact discs, and video cassette cartridges, equipment, and
materials ITEMS
to pupils attending nonpublic schools within the district or to
their parents, and to hire clerical personnel to administer the
lending program. Only computer software, prerecorded
video
laserdiscs, compact discs, and video cassette cartridges,
equipment, and
materials SUCH ITEMS that are incapable of diversion to religious
use and
that are susceptible of loan to individual pupils and are
furnished for the use of individual pupils shall be purchased and
loaned under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, NEUTRAL, AND
NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO THE INSTRUCTION OF SCHOOL
CHILDREN, AND MAY INCLUDE EDUCATIONAL RESOURCES AND SERVICES DEVELOPED BY THE
OHIO SCHOOLNET COMMISSION.
(L) To purchase instructional equipment, including computer hardware, for
use
by pupils attending nonpublic schools within the district, if such
usage only
occurs when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B),
(D),
(E), (F), (G), or (I) of this section.;
(M) To purchase mobile units to be used for the provision of services pursuant to divisions (E), (F), (G), and (I) of this section and to pay for necessary repairs and operating costs associated with these units.
Clerical and supervisory personnel hired pursuant to division (J) of this section shall perform their services in the public schools, in nonpublic schools, public centers, or mobile units where the services are provided to the nonpublic school pupil, except that such personnel may accompany pupils to and from the service sites when necessary to ensure the safety of the children receiving the services.
Health services provided pursuant to divisions (B), (C), (D), and (E) of this section may be provided under contract with the department of health, city or general health districts, or private agencies whose personnel are properly licensed by an appropriate state board or agency.
Transportation of pupils provided pursuant to divisions (E), (F), (G), and (I) of this section shall be provided by the school district from its general funds and not from moneys paid to it under division (L) of section 3317.024 of the Revised Code unless a special transportation request is submitted by the parent of the child receiving service pursuant to such divisions. If such an application is presented to the school district, it may pay for the transportation from moneys paid to it under division (L) of section 3317.024 of the Revised Code.
No school district shall provide health or remedial services to nonpublic school pupils as authorized by this section unless such services are available to pupils attending the public schools within the district.
Materials, equipment, computer software, textbooks, ELECTRONIC TEXTBOOKS, and health and remedial services provided for the benefit of nonpublic school pupils pursuant to this section and the admission of pupils to such nonpublic schools shall be provided without distinction as to race, creed, color, or national origin of such pupils or of their teachers.
No school district shall provide services for use in religious courses, devotional exercises, religious training, or any other religious activity.
As used in this section, "parent" includes a person standing in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code, payments shall be made under this section to any city, local, or exempted village school district within which is located one or more nonpublic elementary or high schools.
The allocation of payments for materials, equipment, textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial services to city, local, and exempted village school districts shall be on the basis of the state board of education's estimated annual average daily membership in nonpublic elementary and high schools located in the district.
Payments made to city, local, and exempted village school districts under this section shall be equal to specific appropriations made for the purpose. All interest earned by a school district on such payments shall be used by the district for the same purposes and in the same manner as the payments may be used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may be transferred to the auxiliary services personnel
unemployment compensation fund established pursuant to section
4141.47 of the Revised Code. The department shall also adopt
guidelines and procedures limiting the purchase and loan of
computer software, equipment, and materials under THE ITEMS
DESCRIBED IN division (K) of
this section to items that are in general use in the public
schools of the state, that are incapable of diversion to
religious use, and that are susceptible to individual use rather
than classroom use. Within thirty days after the end of each
biennium, each board of education shall remit to the department
all moneys paid to it under division (L) of section
3317.024 of the Revised Code and any interest earned on those moneys that are
not required to pay expenses incurred under this section during
the biennium for which the money was appropriated and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the administrator of the bureau of
employment services who shall make a refund as provided in
section 4141.47 of the Revised Code.
Sec. 3317.082. As used in this section, "institution" means a residential facility that receives and cares for children maintained by the department of youth services and that operates a school chartered by the state board of education under section 3301.16 of the Revised Code.
(A) On or before the thirty-first day of each January and July, the superintendent of each institution that during the six-month period immediately preceding each January or July provided an elementary or secondary education for any child, other than a child receiving special education under section 3323.091 of the Revised Code, shall prepare and submit to the department of education, a statement for each such child indicating the child's name, any school district responsible to pay tuition for the child as determined by the superintendent in accordance with division (C)(2) or (3) of section 3313.64 of the Revised Code, and the period of time during that six-month period that the child received an elementary or secondary education. If any school district is responsible to pay tuition for any such child, the department of education, no later than the immediately succeeding last day of February or August, as applicable, shall calculate the amount of the tuition of the district under section 3317.08 of the Revised Code for the period of time indicated on the statement and do one of the following:
(1) If the tuition amount is equal to or less than the
amount of state basic aid funds payable to the district under
sections 3317.022 and 3317.023 of the Revised Code, pay to the
institution submitting the statement an amount equal to the
tuition amount, as provided under division (Q)(P) of section
3317.024 of the Revised Code, and deduct the tuition amount from
the state basic aid funds payable to the district, as provided
under division (F)(2) of section 3317.023 of the Revised
Code;
(2) If the tuition amount is greater than the amount of state basic aid funds payable to the district under sections 3317.022 and 3317.023 of the Revised Code, require the district to pay to the institution submitting the statement an amount equal to the tuition amount.
(B) In the case of any disagreement about the school
district responsible to pay tuition for a child pursuant to this
section, the superintendent of public instruction shall make the
determination in any such case in accordance with division (C)(2)
or (3) of section 3313.64 of the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date designated by the state board of education, each educational service center governing board shall prepare a budget of operating expenses for the ensuing year for the service center on forms prepared and furnished by the state board of education and shall certify the budget to the state board of education, together with such other information as the board may require. Such budget shall consist of two parts. Part (A) shall include the cost of the salaries, employers retirement contributions, and travel expenses of supervisory teachers approved by the state board of education. The amount derived from the calculation for such units in part (A) of the governing board budget shall be the sum of:
(1) The sum of the minimum salaries calculated, pursuant to section 3317.13 of the Revised Code, for each approved licensed employee of the governing board;
(2) An additional salary allowance proportional to the length of the extended term of service not to exceed three months for each supervisory and child study teacher whose term of service in any year is extended beyond the terms of service of regular classroom teachers;
(3) An allowance equal to fifteen per cent of the amount computed under division (A)(1) of this section;
(4) An allowance for necessary travel expenses, for each of the personnel approved in part (A) of the budget, limited to two hundred twenty-three dollars and sixteen cents per month, or two thousand six hundred seventy-eight dollars per year per person employed, whichever is the lesser.
Part (B) shall include the cost of all other lawful expenditures of the governing board. The state board of education shall review such budget and may approve, increase, or decrease such budget.
The governing board shall be reimbursed by the state board of education from state funds for the cost of part (A) of the budget. The governing board shall be reimbursed by the state board of education, from state funds for the cost of part (B) of the approved budget that is in excess of six dollars and fifty cents times the service center ADM. If the governing board provides services to city or exempted village school districts pursuant to section 3313.843 of the Revised Code, the governing board shall be reimbursed from state funds for the cost of part (B) of the budget that is in excess of six dollars and fifty cents times the sum of the service center ADM and the client ADMs of the city or exempted village districts to which such services are provided. The cost of part (B) not in excess of six dollars and fifty cents times the number of such ADM shall be apportioned by the state board of education among the local school districts in the territory of the service center, or among all districts to which the governing board provides services, on the basis of the total number of pupils in each school district.
If part (B) of the budget is in excess of that approved by the state board of education, the excess cost shall be apportioned by the state board of education among the local school districts in the territory of the service center on the basis of the total number of such pupils in each such school district, provided that a majority of the boards of education of such local school districts approve such apportionment. The state board of education shall initiate and supervise the procedure by which the local boards shall approve or disapprove such apportionment.
The amounts so apportioned shall be certified to the treasurers of the various school districts. In the case of each district such amount shall be deducted by the state board of education from funds allocated to the district pursuant to division (E) of section 3317.023 of the Revised Code.
The state board of education shall certify to the director of budget and management for payment the total of the deductions, whereupon the amount shall be paid to the governing board of each service center, to be deposited to the credit of a separate fund, hereby created, to be known as the educational service center governing board fund.
An educational service center may provide special
education to students
in its local districts or in client districts. A service center is
eligible for funding under division
(J) of section 3317.024 of
the Revised Code and eligible for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code. Special education units PROGRAMS for
gifted
children may be operated by a governing board. Vocational education may be
provided by a governing board. A
governing board may conduct driver education for pupils
enrolled in a high school for which the state board of education
prescribes minimum standards and which is eligible for funding
under division (I) of section 3317.024 of the Revised Code.
Every local school district shall be provided supervisory services by its governing board as approved by the state board of education. A city or exempted village school district shall be considered to be provided supervisory services by a governing board if it has entered into an agreement for the governing board to provide any services under section 3313.843 of the Revised Code. Supervisory services shall not exceed one supervisory teacher for the first fifty classroom teachers employed in all districts that are provided supervisory services calculated under section 3317.023 of the Revised Code and one supervisory teacher for every additional one hundred such classroom teachers so calculated. Reimbursement for such supervisory services shall be a deduction by the state board of education from the payment to the school district pursuant to division (E) of section 3317.023 of the Revised Code. Deductions for all supervisory services and extended services for supervisory and child study shall be apportioned among local school districts within the territory of the service center and any city or exempted village districts that have entered into agreements with a service center pursuant to section 3313.843 of the Revised Code by the state board of education on the basis of the total number of pupils in each school district, except that where such services are provided to districts other than local school districts within the service center territory and city or exempted village districts having agreements with the service center, such charges shall be apportioned among all participating districts on the basis of the total number of pupils in each school district. All deductions from state funding to school districts required for reimbursement of governing boards by division (E) of section 3317.023 of the Revised Code shall be made from the total of the payment computed for the district under this chapter, after making any other adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A) of this section, except as otherwise provided in division (C) of this section, the department of education shall pay each governing board, each fiscal year, an amount equal to thirty-four dollars times the sum of the service center ADM and thirty-four dollars times the sum of the client ADMs of all its client districts.
(2) In addition to other payments under this section, the department shall pay each educational service center the amounts due to it from school districts pursuant to contracts, compacts, or agreements under which the service center furnishes services to the districts or their students. In order to receive payment under this division, an educational service center shall furnish either a copy of the applicable contract, compact, or agreement clearly indicating the amounts of the payments, or a written statement of the payments owed signed by the superintendent or treasurer of the responsible school district.
The amounts paid to service centers under division (B)(2) of this section shall be deducted from payments to school districts pursuant to division (K)(2) of section 3317.023 of the Revised Code.
(C) Beginning with the fiscal year that starts July 1, 1997, in lieu of the payment specified under division (B)(1) of this section, each multicounty service center shall receive a payment each fiscal year equal to one per cent times the formula amount times the sum of the service center ADM and the client ADMs of all its client districts.
(D) Each city, exempted village, local, joint vocational, or cooperative education school district shall pay to the governing board of an educational service center any amounts agreed to for each child enrolled in the district who receives special education and related services or vocational education from the educational service center.
(E) As used in this section:
(1) "Service center ADM" means the total of each of the following for all local school districts within the limits of an educational service center's territory:
(a) The formula ADM;
(b) The kindergarten average daily membership included in the formula ADM;
(c) Three-quarters of the number of students reported under division (B)(4) of section 3317.03 of the Revised Code;
(d) The average daily membership of handicapped preschool children reported under division (B)(2) of section 3317.03 of the Revised Code;
(e) The number of preschool students certified under division (B) of section 3317.032 of the Revised Code.
(2) "Client ADM" means the total of each number described under divisions (E)(1)(a) to (e) of this section for a client district.
(3) "Client district" means a city or exempted village school district that has entered into an agreement to receive services from a service center pursuant to section 3313.843 of the Revised Code.
(4) "Multicounty service center" means a service center that includes territory that formerly was included in the territory of at least three former service centers or county school districts, which former centers or districts engaged in one or more mergers pursuant to section 3311.053 of the Revised Code to form the present center.
Sec. 3317.16. (A) AS USED IN THIS SECTION:
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS:
(a) CALCULATE THE BASIC AID AMOUNT FOR THE DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO.
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO THE FOLLOWING:
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE REVISED CODE.
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL DISTRICTS FOR THE APPLICABLE FISCAL YEAR.
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE FOLLOWING FORMULA:
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO.
(C) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH JOINT VOCATIONAL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(D) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE GIFTED EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT THAT COMPLIES WITH DIVISION (E)(2) OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING FORMULA:
(2) TO RECEIVE FUNDS UNDER DIVISION (E)(1) OF THIS SECTION, A JOINT VOCATIONAL SCHOOL DISTRICT SHALL FILE WITH THE DEPARTMENT OF EDUCATION, NO LATER THAN THE FIRST DAY OF OCTOBER OF THE FISCAL YEAR, A DISTRICT PLAN SPECIFYING THE MANNER IN WHICH IT WILL USE THE FUNDS TO SERVE GIFTED STUDENTS AND THE METHOD FOR SELECTING GIFTED STUDENTS TO PARTICIPATE IN GIFTED PROGRAMS AND ACTIVITIES.
(F) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS.
(G)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION(B)(3)(a) OF SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE FOLLOWING:
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED SERVICES IN THE PRECEDING FISCAL YEAR;
(b) 1/8 X [COST-OF-DOING-BUSINESS FACTOR X THE FORMULA AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)] + THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D) OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS .
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS EQUALS:
(H) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE TO A
JOINT VOCATIONAL SCHOOL DISTRICT UNDER THIS SECTION DOES NOT EQUAL THE AMOUNT
THAT
DISTRICT RECEIVED IN FISCAL YEAR 1998 UNDER THE VERSION OF THIS SECTION IN
EFFECT THAT YEAR, THE DEPARTMENT SHALL PAY THE DISTRICT AN
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS.
Sec. 3317.162. (A) As used in this section:
(1) "State share percentage" has the same meaning as in section 3317.022 of the Revised Code.
(2) "Dollar amount" means the amount shown in the following
table for the corresponding type of unit and the appropriate
fiscal year:
DOLLAR AMOUNT | |
TYPE OF UNIT |
Division (B) of section 3317.05 of the Revised Code | $8,334 |
Division (C) of that section | $3,234 |
(3) "Average unit amount" means the amount shown in the
following table for the corresponding type of unit and the appropriate
fiscal
year:
AVERAGE UNIT AMOUNT | |
TYPE OF UNIT |
Division (B) of section 3317.05 of the Revised Code | $7,799 |
Division (C) of that section | $2,966 |
(B) In the case of each unit described in division (B), OR
(C), or (F) of section
3317.05 of the Revised Code and allocated to a
city, local, or exempted village school district, the
department of education, in addition to the
amounts specified in division (P)(1) of
section 3317.024 and sections 3317.16, 3317.161, and 3317.19
of the Revised Code, shall
pay a supplemental unit allowance equal to the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for the unit;
(2) An amount equal to the percentage of the dollar amount for the unit that equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a school district's aid computed under section 3317.022 of the Revised Code is recomputed pursuant to section 3317.027 or 3317.028 of the Revised Code, the department shall also recompute the district's entitlement to payment under this section utilizing a new state share percentage. Such new state share percentage shall be determined using the district's recomputed basic aid amount pursuant to section 3317.027 or 3317.028 of the Revised Code. During the last six months of the fiscal year, the department shall pay the district a sum equal to one-half of the recomputed payment in lieu of one-half the payment otherwise calculated under this section.
(C)(1) In the case of each unit allocated to a joint vocational school
district or AN institution pursuant to division (A) of section
3317.05 of the Revised Code, the
department, in addition to the amount specified in
section 3317.16 or 3317.161 of the Revised Code, shall
pay a supplemental unit allowance of $7,227
in fiscal year 1999.
(2) In the case of each unit described in division (B) or
(D)(1) of section 3317.05 of the Revised
Code that is allocated to any entity other than a city, exempted village, or
local school district, the department, in addition to
the amount specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999.
(3) In the case of each unit described in division (C)
or (D)(2) of section 3317.05 of the Revised
Code and allocated to any entity other than a city, exempted village, or local
school district, the department, in addition to the
amounts specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F)
of section 3317.05 of the Revised Code and allocated
to any entity other than a city, exempted village, or local school district,
the department, in addition to the amounts specified
in section 3317.161 of the Revised Code, shall pay a supplemental unit
allowance of $3,251 in fiscal year 1999.
Sec. 3317.51. (A) The distance learning fund is hereby created
in the state treasury. The fund shall consist of moneys paid to the
information, learning, and technology authority OHIO
SCHOOLNET COMMISSION by any telephone company as a
part of a
settlement agreement between such company and the public utilities commission
in fiscal year 1995 in part to establish distance learning throughout the
state. The authority shall administer the fund and expend
moneys from it to finance technology grants to eligible schools chartered by
the state board of education to
establish distance learning in those schools. Chartered schools are eligible
for funds if they are within the service area of the telephone company.
Investment earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" means the
creation of a learning environment involving a school setting and at least one
other location outside of the school which allows for information available at
one site to be accessed at the other through the use of such educational
applications as one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the Revised Code:
(A) "Ohio school facilities commission" means the commission created pursuant to section 3318.30 of the Revised Code.
(B) "Classroom facilities" means rooms in which pupils regularly assemble in public school buildings to receive instruction and education and such facilities and building improvements for the operation and use of such rooms as may be needed in order to provide a complete educational program, and may include space within which a child day-care facility or a community resource center is housed.
(C) "Project" means a project to construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities, to be used for housing the applicable school district and its functions.
(D) "School district" means a local, exempted village, or city school district as such districts are defined in Chapter 3311. of the Revised Code, acting as an agency of state government, performing essential governmental functions of state government pursuant to sections 3318.01 and 3318.20 of the Revised Code.
(E) "School district board" means the board of education of a school district.
(F) "Net bonded indebtedness" means the difference between the sum of the par value of all outstanding and unpaid bonds and notes which a school district board is obligated to pay, any amounts the school district is obligated to pay under lease-purchase agreements entered into under section 3313.375 of the Revised Code, and the par value of bonds authorized by the electors but not yet issued, the proceeds of which can lawfully be used for the project, and the amount held in the sinking fund and other indebtedness retirement funds for their redemption. Notes issued for school buses in accordance with section 3327.08 of the Revised Code, notes issued in anticipation of the collection of current revenues, and bonds issued to pay final judgments shall not be considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness arising from the acquisition of land to provide a site for classroom facilities constructed, acquired, or added to pursuant to sections 3318.01 to 3318.20 of the Revised Code.
(G) "Board of elections" means the board of elections of the county containing the most populous portion of the school district.
(H) "County auditor" means the auditor of the county in which the greatest value of taxable property of such school district is located.
(I) "Tax duplicates" means the general tax lists and duplicates prescribed by sections 319.28 and 319.29 of the Revised Code.
(J) "Required level of indebtedness" means:
(1) In the case of districts in the first percentile, five per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent percentile, five per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 of the Revised Code, plus [two one-hundredths of one per cent multiplied by (the percentile in which the district ranks minus one)].
(K) "Required percentage of the basic project costs" means one per cent of the basic project costs times the percentile in which the district ranks.
(L) "Basic project cost" means a cost amount determined in accordance with rules adopted under section 111.15 of the Revised Code by the Ohio school facilities commission. The basic project cost calculation shall take into consideration the square footage and cost per square foot necessary for the grade levels to be housed in the classroom facilities, the variation across the state in construction and related costs, the cost of the installation of site utilities and site preparation, the cost of insuring the project until it is completed, and the professional planning, administration, and design fees that a district may have to pay to undertake a classroom facilities project.
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE REVISED CODE.
(N) "Child day-care facility" means space within a classroom facility in which the needs of infants, toddlers, preschool children, and school children are provided for by persons other than the parent or guardian of such children for any part of the day, including persons not employed by the school district operating such classroom facility.
(N)(O) "Community resource
center" means space within a classroom facility in which
comprehensive services that support the needs of families and
children are provided by community-based social service
providers.
(O)(P) "Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax duplicates.
(P)(Q) "Percentile" means the percentile in which the
district is
ranked pursuant to division (C)(D) of section 3318.011 of the
Revised Code.
(Q)(R) "Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site gas distribution system, site sanitary system, site storm
drainage system, and site telephone and data system.
(R)(S) "Site preparation"
means the earthwork necessary for preparation of the building
foundation system, the paved pedestrian and vehicular
circulation system, playgrounds on the project site, and lawn
and planting on the project site.
Sec. 3318.011. For purposes of providing assistance under sections 3318.01 to 3318.20 of the Revised Code, the department of education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city, local, and exempted village school district according to
the FOLLOWING formula set forth in section 3317.0213 of the Revised
Code;:
FOR PURPOSES OF THIS CALCULATION:
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR.
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 3317.021 OF THE REVISED CODE.
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 3317.02 OF THE REVISED CODE.
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICT FOR THE PRECEDING THREE FISCAL YEARS;
(C) Rank all such districts in order of adjusted valuation per pupil from the district with the lowest THREE-YEAR AVERAGE adjusted valuation per pupil to the district with the highest THREE-YEAR AVERAGE adjusted valuation per pupil;
(C)(D) Divide such
ranking into percentiles with the first percentile containing the one per cent
of school districts having the lowest THREE-YEAR AVERAGE adjusted
valuation VALUATIONS per pupil and the
one-hundredth percentile containing the one per cent of school districts
having the highest THREE-YEAR AVERAGE adjusted valuation
VALUATIONS per pupil;
(D)(E) Determine the school districts that have an
THREE-YEAR AVERAGE adjusted
valuation VALUATIONS per pupil that is ARE greater
than the median THREE-YEAR AVERAGE adjusted valuation per
pupil for all school districts in the state;
(E)(F) Certify the information described in divisions (A)
to (D)(E) of this section to the Ohio school facilities
commission.
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF:
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED LEVEL OF INDEBTEDNESS.
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS SECTION
SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING BOARD APPROVED
THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT THE ONE-YEAR PERIOD
PERMITTED UNDER SECTION 3318.05 OF THE REVISED CODE FOR THE
DISTRICT'S ELECTORS TO APPROVE THE PROPOSITIONS DESCRIBED IN THAT SECTION. IF
THE AMOUNT RESERVED AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE
ELECTORS DO NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND
THE SCHOOL DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S
APPROVAL FOR THE PROJECT, THE DISTRICT'S PORTION SHALL BE
RECALCULATED IN ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE
CONTROLLING BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school facilities commission for a project shall lapse and the amount reserved and encumbered for such project shall be released unless the school district board accepts such conditional approval within one hundred twenty days following the date of certification of the conditional approval to the school district board and the electors of the school district vote favorably on both of the propositions described in divisions (A) and (B) of this section within one year of the date of such certification. The propositions described in divisions (A) and (B) of this section shall be combined in a single proposal. If the district board or the district's electors fail to meet such requirements and the amount reserved and encumbered for the district's project is released, the district shall be given first priority for project funding as such funds become available.
(A) On the question of issuing bonds of the school
district board, for the school district's portion of the basic project
cost, in either whatever amount may be necessary to raise
the net bonded indebtedness of the school district
to within five
thousand dollars of the required level of indebtedness calculated for
the year preceding the year in which the resolution declaring the necessity
of
the election is adopted, or
an amount equal to the required percentage SCHOOL DISTRICT'S
PORTION
of the basic project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of
which shall be used to pay the cost of maintaining the
classroom facilities included in the project, except that in any year the
district's THREE-YEAR AVERAGE adjusted valuation per pupil is greater
than the state-wide median
THREE-YEAR AVERAGE
adjusted valuation per pupil, one-half of the proceeds of the tax shall
be used
for such maintenance and one-half of such proceeds shall be used to pay
the cost of the purchase of the classroom facilities from PAID TO
the
state under the provisions of sections 3318.01 to 3318.20 of the
Revised Code. Such tax shall be at the rate of one-half mill for
each dollar of valuation until the purchase price THE STATE is
paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE PROJECT COST SUPPLIED BY THE
STATE, but in no case
longer
than twenty-three years. Proceeds of the tax to be used for maintenance of
the classroom facilities shall be deposited into a separate fund established
by the school district for such purpose.
Sec. 3318.06. After receipt of the conditional approval of the Ohio school facilities commission, the school district board by a majority of all of its members shall, if it desires to proceed with the project, declare all of the following by resolution:
(A) That with a net bonded indebtedness of within five
thousand dollars of the required level of indebtedness or by
issuing bonds in an amount equal to the required percentage SCHOOL
DISTRICT'S PORTION of
the BASIC project costs COST, the district is unable to
provide adequate
classroom facilities without assistance from the state;
(B) That to qualify for such state assistance it is
necessary to levy a tax outside the ten-mill limitation the
proceeds of which shall be used to pay the cost of
maintaining the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per pupil
is greater than the
state-wide STATEWIDE median THREE-YEAR AVERAGE adjusted
valuation per pupil,
one-half of the proceeds of the
tax shall be used for such maintenance and one-half of such proceeds shall
be
used to pay the cost of the purchase of the classroom
facilities from PAID TO the state;
(C) That the question of such tax levy shall be submitted to the electors of the school district at the next general or primary election, if there be a general or primary election not less than seventy-five and not more than ninety-five days after the day of the adoption of such resolution or, if not, at a special election to be held at a time specified in the resolution which shall be not less than seventy-five days after the day of the adoption of the resolution and which shall be in accordance with the requirements of section 3501.01 of the Revised Code.
Such resolution shall also state that the question of issuing bonds of the board shall be combined in a single proposal with the question of such tax levy. More than one election under this section may be held in any one calendar year. Such resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be at the rate of
one-half mill for each one dollar of valuation,
and
that such tax shall be levied until the purchase price is paid IT
GENERATES AN
AMOUNT NOT TO EXCEED THE AMOUNT OF THE PROJECT COST
SUPPLIED BY THE STATE, but in no case
longer than twenty-three years;
(2) That the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project, except in any
year the district's THREE-YEAR AVERAGE adjusted valuation per pupil is
greater than the statewide
median THREE-YEAR AVERAGE adjusted valuation per pupil, one-half
of the proceeds of the tax shall
be used for such maintenance and one-half of the proceeds of the tax shall be
used to pay the cost of the purchase of the classroom facilities from
PAID TO the
state under sections 3318.01 to 3318.20 of the Revised Code.
A copy of such resolution shall after its passage and not less than seventy-five days prior to the date set therein for the election be certified to the county board of elections.
The resolution
of the
school district board, in addition to meeting other applicable
requirements of section 133.18 of the Revised Code, shall state
that the amount of bonds to be issued will be either whatever
amount may be necessary to raise the net bonded indebtedness of
the school district to within five thousand dollars of the
required level of indebtedness calculated for the year preceding the
year in which such resolution is adopted or an amount equal to the
required
percentage SCHOOL DISTRICT'S PORTION of the basic project
costs COST, whichever is greater and state
that the maximum maturity of the bonds which, notwithstanding
section 133.20 of the Revised Code, may be any number of years
not exceeding twenty-three as determined by the board. In
estimating the amount of bonds to be issued, the board shall take
into consideration the amount of moneys then in the bond
retirement fund and the amount of moneys to be collected for and
disbursed from the bond retirement fund during the remainder of
the year in which the resolution of necessity is adopted.
Notice of the election shall include the fact that the tax
levy shall be at the rate of one-half mill for each one dollar of
valuation,
that the levy shall be made until the purchase price is
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE PROJECT
COST
SUPPLIED BY THE STATE, but
in no case longer than twenty-three years, and that the proceeds of
the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project, except in any
year the district's THREE-YEAR AVERAGE adjusted valuation per pupil is
greater than the statewide
median THREE-YEAR AVERAGE adjusted valuation per pupil, one-half
of the proceeds of the tax shall
be used for such maintenance and one-half of the proceeds of the tax shall be
used to pay the cost of the purchase of the classroom facilities from
PAID TO the
state under sections 3318.01 to 3318.20 of the Revised Code.
The form of the ballot to be used at such election shall be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the Board of Education of the
............ (here insert name of school district) for the
purpose of ............ (here insert purpose of bond issue) in
either an amount sufficient to raise the net indebtedness of the
school district to within five thousand dollars of ............
(here insert five, six, or seven per cent depending on the
district's required level of indebtedness) of the total value of
all property in the school district as listed and assessed for
taxation on the tax duplicate for the year ............ (here
insert the year preceding the year in which the resolution declaring
the necessity of
the election was adopted) or an amount equal to ............
(here insert the required percentage of the basic project costs),
whichever is greater, and a levy of taxes be made outside of the
ten-mill limitation for a maximum period of ............ (here
insert longest maturity) years to pay the principal and interest
of such bonds, the amount of such bonds being estimated to be
............ (here insert estimated amount of bond issue) for
which the levy of taxes is estimated by the county auditor to
average ............ (here insert number of mills) mills for each
one dollar of valuation, which amounts to ............ (here
insert rate expressed in dollars and cents) for each one hundred
dollars of valuation
SCHOOL DISTRICT TO PAY THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE
STATE OF OHIO CLASSROOM FACILITIES
ASSISTANCE PROGRAM IN THE
PRINCIPAL AMOUNT OF ............ (HERE INSERT PRINCIPAL AMOUNT OF
THE BOND ISSUE), TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF
............ (HERE INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH
THE PRINCIPAL OF THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY
OF PROPERTY TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION,
ESTIMATED BY THE COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT
PERIOD OF THE BOND ISSUE ............ (HERE INSERT THE NUMBER OF
MILLS ESTIMATED) MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH
AMOUNTS TO ............ (RATE EXPRESSED IN CENTS OR DOLLARS AND
CENTS, SUCH AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED
DOLLARS OF TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE
BONDS AND TO PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION
OF THE BONDS?"
"Shall an additional levy of taxes be made for the A PERIOD NOT TO
EXCEED TWENTY-THREE YEARS TO benefit of the ............ (HERE
INSERT name of school district) SCHOOL DISTRICT, the proceeds of
which
shall be used to pay the cost of
maintaining the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per pupil
is greater than the
state-wide STATEWIDE median THREE-YEAR AVERAGE adjusted
valuation per pupil,
one-half of the proceeds of the
tax shall be used for such maintenance and one-half of such proceeds shall be
used to pay the cost of the purchase of classroom facilities from
PAID TO the
state, at the rate of one-half mill for each one dollar of valuation
until the purchase price is paid but in no case longer than
twenty-three years?
_______________________________________________ | |
FOR THE BOND ISSUE AND TAX LEVY | |
_______________________________________________ | |
AGAINST THE BOND ISSUE AND TAX LEVY | |
_______________________________________________ | " |
(D) If it is necessary for the school district to acquire a site for the classroom facilities to be acquired pursuant to sections 3318.01 to 3318.20 of the Revised Code, the district board may propose either to issue bonds of the board or to levy a tax to pay for the acquisition of such site, and may combine the question of doing so with the questions specified in division (C) of this section. Bonds issued under this division for the purpose of acquiring a site are a general obligation of the school district and are Chapter 133. securities.
The form of that portion of the ballot to include the question of either issuing bonds or levying a tax for site acquisition purposes shall be one of the following:
(1) "Shall bonds be issued by the board of education of the
............ (HERE INSERT name of the school district) for the
purpose of .......... (purpose of the bond
issue, which shall be for the purpose SCHOOL DISTRICT TO PAY COSTS
of acquiring a site for classroom facilities)
UNDER THE STATE OF OHIO CLASSROOM
FACILITIES ASSISTANCE PROGRAM
in the principal amount of .......... (HERE INSERT principal amount of
the bond issue), to be repaid annually over a maximum period of ..........
(HERE INSERT maximum
number of years over which the principal of the bonds may be paid) years, and
an annual levy of property taxes be made outside the ten-mill limitation,
estimated by the county auditor to average over the repayment period of the
bond issue .......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT rate
expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX
CENTS" OR "$0.36") for each one hundred dollars of valuation
TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES ON ANY
NOTES ISSUED IN ANTICIPATION OF THE BONDS?"
(2) "Shall an additional levy of taxes OUTSIDE THE TEN-MILL LIMITATION
be made for the benefit of the .......... (HERE INSERT name of the
school district) .......... SCHOOL DISTRICT for the purpose
......... (purpose of the levy, which shall be for the purpose of
acquiring a site for classroom facilities) in the sum of .........
(HERE INSERT annual amount the levy is to produce) and a levy of
taxes to be made outside of the
ten-mill limitation estimated by the county auditor to average ........
(HERE INSERT number of mills) mills for each one hundred dollars of
valuation, for a
period of ......... (HERE INSERT number of years the millage is to be
imposed) years?"
Where it is necessary to combine the question of issuing bonds of the school district and levying a tax as described in division (C) of this section with the question of issuing bonds of the school district for acquisition of a site, the question specified in division (C) of this section to be voted on shall be "For the Bond Issues and the Tax Levy" and "Against the Bond Issues and the Tax Levy."
Where it is necessary to combine the question of issuing bonds of the school district and levying a tax as described in division (C) of this section with the question of levying a tax for the acquisition of a site, the question specified in division (C) of this section to be voted on shall be "For the Bond Issue and the Tax Levies" and "Against the Bond Issue and the Tax Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.08. If the requisite favorable vote on the election is obtained, the Ohio school facilities commission, upon certification of the results of the election to it, shall enter into a written agreement with the school district board for the construction and sale of the project, which agreement shall include, but need not be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in
anticipation thereof, as soon as practicable after the execution
of the agreement, in either an amount which will raise the
net
bonded indebtedness of the school district, as of the date of theresolution authorizing the issuance of such bonds or notes,
to
within five thousand dollars of the required level of
indebtedness calculated for the year preceding the year in which
the resolution declaring the
necessity of the election was adopted
or an amount equal to the
required percentage SCHOOL DISTRICT'S PORTION of the basic
project costs, whichever is
greater COST; provided, that if at that time the county treasurer
of each
county in which the school district is located has not commenced
the collection of taxes on the general duplicate of real and
public utility property for such THE year IN WHICH THE
CONTROLLING BOARD APPROVED THE PROJECT, the school district board
shall authorize the issuance of a first installment of bond
anticipation notes in an amount specified by the agreement, which
amount shall not exceed an amount necessary to raise the net
bonded indebtedness of the school district as to OF the date of
such
authorizing resolution THE CONTROLLING BOARD'S APPROVAL to within
five thousand dollars of the
required level of indebtedness for the preceding year. In the
event that a first installment of bond anticipation notes is
issued, the school district board shall, as soon as practicable
after the county treasurer of each county in which the school
district is located has commenced the collection of taxes on the
general duplicate of real and public utility property for the
year in which the resolution declaring the necessity of the
election was adopted CONTROLLING BOARD APPROVED THE PROJECT,
authorize the issuance of a second and
final installment of bond anticipation notes or a first and final
issue of bonds. The
THE combined value of the first and second
installment of bond anticipation notes or the value of the first
and final issue of bonds shall be equal to either an amount which
will raise the net indebtedness of the school district as of the
date of such authorizing resolution
to within five thousand
dollars of the required level of indebtedness,
or an amount equal
to the required percentage SCHOOL DISTRICT'S PORTION of the
BASIC project costs, whichever is
greater COST. The proceeds of any such bonds shall be used first
to
retire any bond anticipation notes. Otherwise, the proceeds of
such bonds and of any bond anticipation notes, except the premium
and accrued interest thereon, shall be deposited in the school
district's project construction fund. In determining the amount
of net BONDED indebtedness for the purpose of fixing the amount of an
issue of either bonds or bond anticipation notes, gross
indebtedness shall be reduced by moneys in the bond retirement
fund only to the extent of the moneys therein on the first day of
the year preceding the year in which the resolution authorizing such
bonds or notes
is adopted CONTROLLING BOARD APPROVED THE PROJECT. Should there be
a decrease in the tax valuation of
the school district so that the amount of indebtedness which
THAT can
be incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted
CONTROLLING BOARD APPROVED THE PROJECT is
less than the amount of the first installment of bond
anticipation notes, there shall be paid from the school
district's project construction fund to the school
district's
bond retirement fund to be applied against such notes an amount
sufficient to cause the net BONDED indebtedness of the school district,
as of the first day of the year following the year in which the
resolution declaring the necessity of the election was adopted
CONTROLLING BOARD APPROVED THE PROJECT,
to be within five thousand dollars of the required level of
indebtedness for the year in which that resolution was adopted THE
CONTROLLING BOARD APPROVED THE PROJECT. The
maximum
amount of indebtedness to be incurred by any school
district board as its share of the cost of the project is either
an amount which THAT will cause its net BONDED
indebtedness, as of the first
day of the year following the year in which the resolution
declaring the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be
within five thousand dollars of the required level of
indebtedness calculated for the year preceding the year in whichthat resolution was adopted,
or
an amount equal to the required percentage of the basic project costs,
whichever is greater. All bonds and bond anticipation notes
shall be issued in accordance with Chapter 133. of the Revised
Code, and notes may be renewed as provided in section 133.22 of
the Revised Code.
(B) The transfer of such funds of the school district board available for the project, together with the proceeds of the sale of the bonds or notes, except premium, accrued interest, and interest included in the amount of the issue, to the school district's project construction fund;
(C) The levy of the tax authorized at the election for the
payment of maintenance costs or the cost of purchasing
the classroom facilities PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED
CODE;
(D) Ownership of OR INTEREST IN the project during the period of construction, which shall be divided between the commission and the school district board in proportion to their respective contributions to the school district's project construction fund;
(E) The transfer MAINTENANCE of the state's interest in the
project to
the school district upon completion of the project UNTIL ANY
OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 3318.26 OF THE
REVISED CODE ARE NO LONGER OUTSTANDING;
(F) The insurance of the project by the school district
from the time there is an insurable interest therein and so long
as any part of the purchase price remains unpaid THE STATE RETAINS
ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO DIVISION (D) OF
THIS
SECTION, in such amounts
and against such risks as the commission shall
require;
provided, that the cost of any required insurance until the
project is completed shall be a part of the basic project cost;
(G) The certification by the director of budget and management that funds are available and have been set aside to meet the state's share of the basic project cost as approved by the controlling board pursuant to section 3318.04 of the Revised Code;
(H) Authorization of the school district board to advertise for and receive construction bids for the project, for and on behalf of the commission, and to award contracts in the name of the state subject to approval by the commission;
(I) Provisions for the disbursement of moneys from the school district's project account upon issuance by the commission or the commission's designated representative of vouchers for work done to be certified to the commission by the treasurer of the school district board;
(J) Disposal of any balance left in the school district's project construction fund upon completion of the project;
(K) Prohibition against alienation of any interest in the
project by the school district board or its successor in interest
without the consent of the commission so long as any
part of the
purchase price of the project remains unpaid, but in no case
longer than twenty-three years;
(L) Limitations upon use of the project or any part of it
so long as any part of the purchase price of the project remains
unpaid, but in no case longer than twenty-three years OBLIGATIONS
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE REVISED
CODE ARE OUTSTANDING;
(M)(L) Provision for vesting absolute THE
STATE'S interest in the project
in TO the school district board when the purchase price has
been
paid or at the expiration of the period of twenty-three years
OBLIGATIONS ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE
REVISED CODE ARE OUTSTANDING;
(N)(M) Provision for deposit of an executed copy of the
agreement in the office of the commission and the
office of the
county recorder of the county or counties in which the project is
situated;
(O)(N) Provision for termination of the contract and release
of the funds encumbered at the time of the conditional approval,
if the proceeds of the sale of the bonds of the school district
board are not paid into the school district's project
construction fund and if bids for the construction of
the project have not been taken within such period after the
execution of the agreement as may be fixed by the
commission;
(P)(O) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission;
(Q)(P) Provision that all
state funds reserved and encumbered to pay the state share of
the cost of the project pursuant to section 3318.03 of the
Revised Code be spent on the
construction or acquisition of the project prior to the
expenditure of any funds provided by the school district to pay
for its share of the project cost, unless the school district
certifies to the commission that expenditure by the school district is
necessary to maintain the tax-exempt status of notes or bonds issued by the
school district to pay for its share of the project cost in which case, the
school district may commit to spend, or spend, a portion of the funds it
provides;
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY PROHIBIT THE
DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE COMMISSION DETERMINES THAT
THE SITE IS NOT SUITABLE FOR CONSTRUCTION PURPOSES. THE COMMISSION MAY
PERFORM SOIL TESTS IN ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES.
Sec. 3318.081. If the board of education of a school
district authorized to impose a tax pursuant to section 3318.06
of the Revised Code determines that taxable value of property
subject to the tax has increased to the extent it will not be
necessary to impose such tax for twenty-three years in order to
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF THE
PROJECT COST SUPPLIED BY THE STATE, it may request the county auditor to
determine the amount of the purchase price remaining to be paid
and the estimated rate of taxation required each year to repay
PAY
such remainder in equal installments over the maximum number of
remaining years the tax may be in effect. The auditor shall make
such determination upon request and certify the results thereof
to the board of education.
Upon receipt of the auditor's determination, the board of
education may request the Ohio
school facilities commission to enter into
a supplemental agreement under which the district may repay PAY
the
remainder of the purchase price AMOUNT in annual amounts equal
to the
quotient obtained by dividing the amount remaining to be paid by
the maximum number of remaining years the tax may be in effect.
If such an agreement is entered into, the commission
shall
certify a copy thereof to the county auditor and the tax
authorized by section 3318.06 of the Revised Code thereafter
shall be levied at the rate required to make the annual payments
required by the supplemental agreement rather than the rate
required by such section.
Sec. 3318.082. The board of education of any school district imposing a
tax for the purpose of paying the cost of the purchase of classroom
facilities
from the state pursuant to section 3318.06 of the
Revised Code prior to the effective date of
the amendments to that section by Amended Substitute
House Bill No. 748 of the 121st
General Assembly, may enter into a supplemental agreement
with the Ohio school facilities commission under which the proceeds
of such tax shall
be distributed in accordance with the requirements of section 3318.06 of the
Revised Code, as
amended by Amended Substitute House Bill
No. 748 of the 121st general
assembly.
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES COMMISSION
AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT UNDER SECTION
3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF A
CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN INCREASE IN
THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE
THE INCREASED COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS
TO THE DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections
5705.27 to 5705.50 of the Revised Code, the tax to be levied on
all taxable property within a school district for the purpose of paying the
cost of maintaining the classroom facilities included in the project or
for paying the purchase price of the project to the state under the
agreement provided in section 3318.08 of the Revised Code or the
supplemental agreement provided in section 3318.081 of the
Revised Code shall be included in the budget of the school
district for each year upon the certification to the county
budget commission or commissions of the county or counties in
which said school district is located, by the Ohio school facilities
commission of the balance
due the state under said agreement or
supplemental agreement. Such certification shall be made on or
before the fifteenth day of July in each year. Thereafter, the
respective county budget commissions shall treat such
certification as an additional item on the tax budget for the
school district as to which such certification has been made and
shall provide for the levy therefor in the manner provided in
sections 5705.27 to 5705.50 of the Revised Code for tax levies
included directly in the budgets of the subdivisions.
The levy of taxes shall be included in the next annual tax
budget that is certified to the county budget commission after
the execution of the agreement for the project.
Sec. 3318.14. Notwithstanding the provision of section 321.31 of the Revised
Code, immediately after each settlement with the county auditor, on
presentation of the warrant of the county auditor therefor, the county
treasurer shall pay to the school district the proceeds of the tax levy
provided in section 3318.13 of the Revised Code to be used to pay the cost of
maintaining the
classroom facilities included in the project and pay to the
Ohio school facilities commission
any proceeds of the tax levy provided in section 3318.13 of the Revised Code
to be applied to the unpaid purchase price of the project PAID TO
THE STATE.
Sec. 3318.15. There is hereby created the public school
building fund within the state treasury consisting of all moneys
received from the sale of classroom facilities pursuant to
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO DIVISION
(C) OF SECTION 3318.08 of the Revised Code, any moneys
transferred or appropriated to the fund by the general assembly,
and any grants, gifts, or contributions received by the Ohio school
facilities commission to be used for the purposes of the fund.
All investment earnings of the fund shall be credited to the fund.
Moneys transferred or appropriated to the fund by the general
assembly and moneys in the fund from grants, gifts, and contributions shall be
used to acquire classroom facilities for sale to school districts
pursuant
to THE PURPOSES OF
sections 3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom
facilities PAYMENTS TO THE STATE PURSUANT TO DIVISION (C) OF
SECTION 3318.08 of the Revised Code shall be held in a separate account in the fund.
Such
moneys may be used partially to acquire additional classroom
facilities for sale to school districts pursuant to THE PURPOSES
OF sections
3318.01 to 3318.20 of the Revised Code and partially to pay bond service charges as
defined in division (C) of section 3318.21 of the Revised Code on
obligations, the proceeds of which are deposited into the school
districts facilities fund created in section 3318.23 of the
Revised Code.
Sec. 3318.16. Title to interests THE OHIO SCHOOL
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property purchased
with moneys in
the school district's project construction fund shall be
taken in the name of the state of Ohio. Upon completion of the project, the
title to such interest in real property shall be conveyed to the school
district board and the Ohio school facilities commission shall execute and
deliver deeds to complete the transfer of such interests.
Upon completion of the project, the interest of the state in the project
shall
be transferred to the school district board, which interest is equal to that
portion of the final cost of the project represented by funds contributed by
the state for the project. The purchase price to be paid by the school
district board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project.
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 3318.26 of the Revised Code ARE
NO LONGER OUTSTANDING, ANY INTEREST HELD BY THE COMMISSION SHALL BE
TRANSFERRED TO THE SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, WHEN A school district board may
purchase RECEIVES
classroom facilities ASSISTANCE from the state from time to time
under the
procedure set forth in sections 3318.01 to 3318.12 of the Revised
Code. The, THE levy of taxes required by section
SECTIONS 3318.13 AND 3318.14 of the
Revised Code shall be at the rate of one-half mill for
each one dollar of valuation and shall be for a maximum period of twenty-three
years
after the last purchase, except that in those years
in which a
supplemental agreement authorized by section 3318.081 of the
Revised Code is in effect, the rate shall be as prescribed for
such section for the period during which such agreement is in
effect. Where a school district has purchased classroom
facilities from the state on which any portion of the purchase
price remains unpaid and it desires to purchase additional
classroom facilities, the notice of election and form of ballot
set forth in section 3318.06 of the Revised Code shall provide
that the levy is an extension of an existing levy for a maximum
period of twenty-three years. Where there has been more than one
purchase of classroom facilities from the state, any
proceeds of the tax to be used to pay the purchase price of such
facilities shall be applied to the unpaid purchase price of the projects
in the order in which they were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 3318.13 AND 3318.14 of the Revised Code AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR TWENTY-THREE YEARS;
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 of the Revised Code PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY SECTION 3318.06
of the Revised Code SHALL PROVIDE THAT A LEVY UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR
THE SPECIFIED CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY TO BE
PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 3318.05
of the Revised Code shall
constitute an indebtedness of the school district but shall not
be included in the calculation of indebtedness under sections
133.04 and 133.06 of the Revised Code. In the event all or a
portion of the territory comprising a school district, which
THAT has
outstanding an indebtedness to the state representing the
unpaid
purchase price of TAX LEVY MONEY RESULTING FROM a project or
projects, is transferred to
another school district, or, if a new school district is created
to include all or a portion of such school district, the
outstanding indebtedness for MONEY OWED AS A RESULT OF each project
shall be apportioned
between the acquiring school district and the original school
district in the ratio, as of the effective date of the transfer,
which the assessed valuation of the territory transferred to the
acquiring school district bears to the assessed valuation of the
original school district.
The amount of the indebtedness so assumed, OR PARTIALLY
ASSUMED, by the new school
district or acquiring school district shall be equal to one-half
mill multiplied by the total value of all property as listed and
assessed for taxation in the original school district or
territory transferred for each of the years YEAR OF THE ORIGINAL
TWENTY-THREE OR FEWER YEARS remaining AS SPECIFIED in the
PORTION OF THE agreement for payment of purchase price between the
original
school district and the state board of education CONTAINED IN DIVISION
(C) OF SECTION 3318.08 of the Revised Code. On or before
the first day of July of each year, the department of taxation
shall certify to the Ohio school
facilities commission the amount of the
tax duplicate of the original school district or territory
transferred for the calendar year ending on the thirty-first day
of December immediately preceding. This tax duplicate shall be
used in the calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the
ten-mill limitation upon all property in the acquiring school
district to pay the indebtedness so assumed until the
indebtedness so assumed has been discharged but not longer than
twenty-three years after the original incurrence of the
indebtedness, provided, that the levy in the acquiring school
district in any year shall not exceed the levy in the original
school district to pay the purchase price of projects acquired
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid tax
levy in the
acquiring school district shall be applied to the discharge of
indebtedness first incurred in point of time whether or not it be
an indebtedness assumed from another school district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of the Revised Code:
(A) "Allowable costs" means all or part of the costs of a permanent improvement that may be financed with, and paid from the proceeds of, securities issued pursuant to section 133.15 of the Revised Code.
(B) "Bond proceedings" means the resolution, order, trust agreement, indenture, loan agreement, lease agreement, and other agreements, amendments and supplements to the foregoing, or any one or more or combination thereof, authorizing or providing for the terms and conditions applicable to, or providing for the security or liquidity of, obligations issued pursuant to section 3318.26 of the Revised Code, and the provisions contained in the obligations.
(C) "Bond service charges" means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid by the state on obligations, and, if provided in the applicable bond proceedings, may include any corresponding lease or sublease payments to be made with respect thereto to the issuing authority by the state or any agency of state government.
(D) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, either the
school building program bond service fund created by division (R)
of section 3318.26 of the Revised Code or the school facilities
bond service fund created by division (S) of section 3318.26 of
the Revised Code, including all moneys and investments, and
earnings from investments, credited and to be credited thereto.
(E) "Issuing authority" means the treasurer of state, or the officer who by law performs the functions of such officer.
(F) "Obligations" means bonds, notes, or other evidence of obligation including interest coupons pertaining thereto, issued pursuant to section 3318.26 of the Revised Code.
(G) "Permanent improvement" or "improvement" means a permanent improvement or improvement as defined under division (CC) of section 133.01 of the Revised Code to be used for housing agencies of state government, including classroom facilities as defined in division (B) of section 3318.01 of the Revised Code.
(H) "Pledged receipts," in the case of obligations issued to provide moneys for the school building program assistance fund created in section 3318.25 of the Revised Code, means any or all of the following:
(1) Moneys in the lottery profits education fund created in section 3770.06 of the Revised Code appropriated by the general assembly and pledged for the purpose of paying bond service charges on one or more issuances of such obligations;
(2) Accrued interest received from the sale of obligations;
(3) Income from the investment of the special funds;
(4) Any gifts, grants, donations, and pledges, and receipts therefrom, available for the payment of bond service charges.
(I) "Pledged receipts," in the case of obligations issued
to provide moneys for the school districts facilities fund
created in section 3318.23 of the Revised Code, means any or all
of the following:
(1) Moneys from the sale of classroom facilities accruing
in the public school building fund created in section 3318.15 of
the Revised Code, which moneys are pledged for the purpose of
paying bond service charges on one or more issuances of such
obligations.
(2) Moneys accruing to the state from the repayment,
including interest, of loans from the school districts facilities
fund made pursuant to section 3318.24 of the Revised Code;
(3) Accrued interest received from the sale of
obligations;
(4) Income from the investment of the special funds;
(5) Any gifts, grants, donations, and pledges, and
receipts therefrom, available for the payment of bond service
charges.
(J) "School district" means a school district as defined
under division (D) of section 3318.01 of the Revised Code, acting as an agency
of state government, performing essential governmental functions of state
government pursuant to sections 3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under
division (KK) in section 133.01 of the Revised Code.
(L)(K) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and either the school building program bond service
fund created by division (R) of section 3318.26 of the Revised
Code or the school facilities bond service fund created by
division (S) of section 3318.26 of the Revised Code to the extent
provided in the bond proceedings, including all moneys and
investments, and earnings from investment, credited and to be
credited thereto.
Sec. 3318.25. There is hereby created in the state
treasury the school building program assistance fund. The fund shall
consist of the proceeds of obligations issued for the purposes of
such fund pursuant to section 3318.26 of the Revised Code that
are payable from moneys in the lottery profits education fund
created in section 3770.06 of the Revised Code. All investment earnings of
the fund shall be credited to the fund. Moneys in the fund shall
be used as directed by the Ohio
school facilities commission for the cost
to the state of acquiring CONSTRUCTING classroom facilities
for sale to school
districts pursuant to UNDER sections 3318.01 to 3318.20 of the
Revised
Code.
Sec. 3318.26. (A) Subject to the limitations provided in
section 3318.29 of the Revised Code, the issuing authority, upon
the certification by the Ohio
school facilities commission to the issuing
authority of the amount of moneys or additional moneys needed in
the school districts facilities fund for the purpose of making
loans for allowable costs from such fund or in the school
building program assistance fund for the purposes of sections
3318.01 to 3318.20 of the Revised Code, or needed for capitalized
interest, for funding reserves, and for paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations
of the state under this section in the required amount. The
proceeds of such obligations, except for obligations
issued to
provide moneys for the school building program assistance fund or
except for such portion to be deposited in special funds,
including reserve funds, as may be provided in the bond
proceedings, shall as provided in the bond proceedings be
deposited by the treasurer of state to the school districts
facilities fund. The issuing authority may appoint trustees,
paying agents, and transfer agents and may retain the services of
financial advisors and accounting experts and retain or contract
for the services of marketing, remarketing, indexing, and
administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from the school districts
facilities fund, the school building program assistance fund, or
any special fund determined by the issuing authority.
(B) The holders or owners of such obligations shall have no right to have moneys raised by taxation obligated or pledged, and moneys raised by taxation shall not be obligated or pledged, for the payment of bond service charges. Such holders or owners shall have no rights to payment of bond service charges from any money or property received by the commission, treasurer of state, or the state, or from any other use of the proceeds of the sale of the obligations, and no such moneys may be used for the payment of bond service charges, except for accrued interest, capitalized interest, and reserves funded from proceeds received upon the sale of the obligations and except as otherwise expressly provided in the applicable bond proceedings pursuant to written directions by the treasurer of state. The right of such holders and owners to payment of bond service charges shall be limited to all or that portion of the pledged receipts and those special funds pledged thereto pursuant to the bond proceedings in accordance with this section, and each such obligation shall bear on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order of the issuing authority and the bond proceedings shall provide for the purpose thereof and the principal amount or amounts, and shall provide for or authorize the manner or agency for determining the principal maturity or maturities, not exceeding the limits specified in section 3318.29 of the Revised Code, the interest rate or rates or the maximum interest rate, the date of the obligations and the dates of payment of interest thereon, their denomination, and the establishment within or without the state of a place or places of payment of bond service charges. Sections 9.98 to 9.983 of the Revised Code are applicable to obligations issued under this section, subject to any applicable limitation under section 3318.29 of the Revised Code. The purpose of such obligations may be stated in the bond proceedings in terms describing the general purpose or purposes to be served. The bond proceedings shall also provide, subject to the provisions of any other applicable bond proceedings, for the pledge of all, or such part as the issuing authority may determine, of the pledged receipts and the applicable special fund or funds to the payment of bond service charges, which pledges may be made either prior or subordinate to other expenses, claims, or payments, and may be made to secure the obligations on a parity with obligations theretofore or thereafter issued, if and to the extent provided in the bond proceedings. The pledged receipts and special funds so pledged and thereafter received by the state are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledges is valid and binding against all parties having claims of any kind against the state or any governmental agency of the state, irrespective of whether such parties have notice thereof, and shall create a perfected security interest for all purposes of Chapter 1309. of the Revised Code, without the necessity for separation or delivery of funds or for the filing or recording of the bond proceedings by which such pledge is created or any certificate, statement or other document with respect thereto; and the pledge of such pledged receipts and special funds is effective and the money therefrom and thereof may be applied to the purposes for which pledged without necessity for any act of appropriation, except as required by section 3770.06 of the Revised Code. Every pledge, and every covenant and agreement made with respect thereto, made in the bond proceedings may therein be extended to the benefit of the owners and holders of obligations authorized by this section, and to any trustee therefor, for the further security of the payment of the bond service charges.
(D) The bond proceedings may contain additional provisions as to:
(1) The redemption of obligations prior to maturity at the option of the issuing authority at such price or prices and under such terms and conditions as are provided in the bond proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing the obligations or under which the same may be issued;
(5) The deposit, investment and application of special funds, and the safeguarding of moneys on hand or on deposit, without regard to Chapter 131., 133., or 135. of the Revised Code, but subject to any special provisions of sections 3318.21 to 3318.29 of the Revised Code, with respect to particular funds or moneys, provided that any bank or trust company that acts as depository of any moneys in the special funds may furnish such indemnifying bonds or may pledge such securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being binding upon such officer, board, commission, authority, agency, department, or other person or body as may from time to time have the authority under law to take such actions as may be necessary to perform all or any part of the duty required by such provision;
(7) Any provision that may be made in a trust agreement or indenture;
(8) The lease or sublease of any interest of the school district or the state in one or more projects as defined in division (C) of section 3318.01 of the Revised Code, or in one or more permanent improvements, to or from the issuing authority, as provided in one or more lease or sublease agreements between the school or the state and the issuing authority;
(9) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including in the case of
obligations issued to provide moneys for the school district
facilities fund the assignment of security obtained or to be
obtained for loans under section 3318.24 of the Revised Code.
(E) The obligations may have the great seal of the state or a facsimile thereof affixed thereto or printed thereon. The obligations and any coupons pertaining to obligations shall be signed or bear the facsimile signature of the issuing authority. Any obligations or coupons may be executed by the person who, on the date of execution, is the proper issuing authority although on the date of such bonds or coupons such person was not the issuing authority. In case the issuing authority whose signature or a facsimile of whose signature appears on any such obligation or coupon ceases to be the issuing authority before delivery thereof, such signature or facsimile is nevertheless valid and sufficient for all purposes as if the issuing authority had remained the issuing authority until such delivery; and in case the seal to be affixed to obligations has been changed after a facsimile of the seal has been imprinted on such obligations, such facsimile seal shall continue to be sufficient as to such obligations and obligations issued in substitution or exchange therefor.
(F) All obligations are negotiable instruments and securities under Chapter 1308. of the Revised Code, subject to the provisions of the bond proceedings as to registration. The obligations may be issued in coupon or in registered form, or both, as the issuing authority determines. Provision may be made for the registration of any obligations with coupons attached thereto as to principal alone or as to both principal and interest, their exchange for obligations so registered, and for the conversion or reconversion into obligations with coupons attached thereto of any obligations registered as to both principal and interest, and for reasonable charges for such registration, exchange, conversion, and reconversion.
(G) Obligations may be sold at public sale or at private sale, as determined in the bond proceedings.
(H) Pending preparation of definitive obligations, the issuing authority may issue interim receipts or certificates which shall be exchanged for such definitive obligations.
(I) In the discretion of the issuing authority, obligations may be secured additionally by a trust agreement or indenture between the issuing authority and a corporate trustee which may be any trust company or bank having its principal place of business within the state. Any such agreement or indenture may contain the resolution or order authorizing the issuance of the obligations, any provisions that may be contained in any bond proceedings, and other provisions that are customary or appropriate in an agreement or indenture of such type, including, but not limited to:
(1) Maintenance of each pledge, trust agreement, indenture, or other instrument comprising part of the bond proceedings until the state has fully paid the bond service charges on the obligations secured thereby, or provision therefor has been made;
(2) In the event of default in any payments required to be made by the bond proceedings, or any other agreement of the issuing authority made as a part of the contract under which the obligations were issued, enforcement of such payments or agreement by mandamus, the appointment of a receiver, suit in equity, action at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations and of the trustee, and provisions for protecting and enforcing them, including limitations on rights of individual holders of obligations;
(4) The replacement of any obligations that become mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing authority agree upon, including limitations, conditions, or qualifications relating to any of the foregoing.
(J) Any holder of obligations or a trustee under the bond proceedings, except to the extent that the holder's or trustee's rights are restricted by the bond proceedings, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by such bond proceedings. Such rights include the right to compel the performance of all duties of the issuing authority, the commission, or the director of budget and management required by sections 3318.21 to 3318.29 of the Revised Code or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any bond service charges on any obligations or in the performance of any covenant or agreement on the part of the issuing authority, the commission, or the director of budget and management in the bond proceedings, to apply to a court having jurisdiction of the cause to appoint a receiver to receive and administer the pledged receipts and special funds, other than those in the custody of the treasurer of state or the commission, which are pledged to the payment of the bond service charges on such obligations or which are the subject of the covenant or agreement, with full power to pay, and to provide for payment of bond service charges on, such obligations, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional revenues or receipts or other income or moneys of the issuing authority or the state or governmental agencies of the state to the payment of such principal and interest and excluding the power to take possession of, mortgage, or cause the sale or otherwise dispose of any permanent improvement.
Each duty of the issuing authority and the issuing authority's officers and employees, and of each governmental agency and its officers, members, or employees, undertaken pursuant to the bond proceedings or any agreement or loan made under authority of sections 3318.21 to 3318.29 of the Revised Code, and in every agreement by or with the issuing authority, is hereby established as a duty of the issuing authority, and of each such officer, member, or employee having authority to perform such duty, specifically enjoined by the law resulting from an office, trust, or station within the meaning of section 2731.01 of the Revised Code.
The person who is at the time the issuing authority, or the issuing authority's officers or employees, are not liable in their personal capacities on any obligations issued by the issuing authority or any agreements of or with the issuing authority.
(K) The issuing authority may authorize and issue obligations for the refunding, including funding and retirement, and advance refunding with or without payment or redemption prior to maturity, of any obligations previously issued by the issuing authority. Such obligations may be issued in amounts sufficient for payment of the principal amount of the prior obligations, any redemption premiums thereon, principal maturities of any such obligations maturing prior to the redemption of the remaining obligations on a parity therewith, interest accrued or to accrue to the maturity dates or dates of redemption of such obligations, and any allowable costs including expenses incurred or to be incurred in connection with such issuance and such refunding, funding, and retirement. Subject to the bond proceedings therefor, the portion of proceeds of the sale of obligations issued under this division to be applied to bond service charges on the prior obligations shall be credited to an appropriate account held by the trustee for such prior or new obligations or to the appropriate account in the bond service fund for such obligations. Obligations authorized under this division shall be deemed to be issued for those purposes for which such prior obligations were issued and are subject to the provisions of this section pertaining to other obligations, except as otherwise provided in this section; provided that, unless otherwise authorized by the general assembly, any limitations imposed by the general assembly pursuant to this section with respect to bond service charges applicable to the prior obligations shall be applicable to the obligations issued under this division to refund, fund, advance refund or retire such prior obligations.
(L) The authority to issue obligations under this section includes authority to refund or refinance any obligations previously issued by the state under sections 3318.21 to 3318.29 of the Revised Code.
The authority to issue obligations under this section also includes authority to issue obligations in the form of bond anticipation notes and to renew the same from time to time by the issuance of new notes. The holders of such notes or interest coupons pertaining thereto shall have a right to be paid solely from the pledged receipts and special funds that may be pledged to the payment of the bonds anticipated, or from the proceeds of such bonds or renewal notes, or both, as the issuing authority provides in the resolution or order authorizing such notes. Such notes may be additionally secured by covenants of the issuing authority to the effect that the issuing authority and the state will do such or all things necessary for the issuance of such bonds or renewal notes in appropriate amount, and apply the proceeds thereof to the extent necessary, to make full payment of the principal of and interest on such notes at the time or times contemplated, as provided in such resolution or order. For such purpose, the issuing authority may issue bonds or renewal notes in such principal amount and upon such terms as may be necessary to provide funds to pay when required the principal of and interest on such notes, notwithstanding any limitations prescribed by or for purposes of this section. Subject to this division, all provisions for and references to obligations in this section are applicable to notes authorized under this division.
The issuing authority in the bond proceedings authorizing the issuance of bond anticipation notes shall set forth for such bonds an estimated interest rate and a schedule of principal payments for such bonds and the annual maturity dates thereof, and for purposes of any limitation on bond service charges prescribed under section 3318.29 of the Revised Code, the amount of bond service charges on such bond anticipation notes shall be deemed to be the bond service charges for the bonds anticipated thereby as set forth in the bond proceedings applicable to such notes, but this provision does not modify any authority in this section to pledge pledged receipts and special funds to, and covenant to issue bonds to fund, the payment of principal of and interest and any premium on such notes.
(M) Obligations issued under this section are lawful investments for banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the police and firemen's disability and pension fund, notwithstanding any other provisions of the Revised Code or rules adopted pursuant thereto by any governmental agency of the state with respect to investments by them, and also are acceptable as security for the deposit of public moneys.
(N) Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in the special funds established by or pursuant to this section may be invested by or on behalf of the issuing authority only in notes, bonds, or other obligations of the United States, or of any agency or instrumentality of the United States, obligations guaranteed as to principal and interest by the United States, obligations of this state or any political subdivision of this state, and certificates of deposit of any national bank located in this state and any bank, as defined in section 1101.01 of the Revised Code, subject to inspection by the superintendent of financial institutions. If the law or the instrument creating a trust pursuant to division (I) of this section expressly permits investment in direct obligations of the United States or an agency of the United States, unless expressly prohibited by the instrument, such moneys also may be invested in no front end load money market mutual funds consisting exclusively of obligations of the United States or an agency of the United States and in repurchase agreements, including those issued by the fiduciary itself, secured by obligations of the United States or an agency of the United States; and in collective investment funds established in accordance with section 1111.14 of the Revised Code and consisting exclusively of any such securities, notwithstanding division (A)(1)(c) of that section. The income from such investments shall be credited to such funds as the issuing authority determines, and such investments may be sold at such times as the issuing authority determines or authorizes.
(O) Provision may be made in the applicable bond proceedings for the establishment of separate accounts in the bond service fund and for the application of such accounts only to the specified bond service charges on obligations pertinent to such accounts and bond service fund and for other accounts therein within the general purposes of such fund. Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in the several special funds established pursuant to this section shall be disbursed on the order of the treasurer of state, provided that no such order is required for the payment from the bond service fund when due of bond service charges on obligations.
(P) The issuing authority may pledge all, or such portion as the issuing authority determines, of the pledged receipts to the payment of bond service charges on obligations issued under this section, and for the establishment and maintenance of any reserves, as provided in the bond proceedings, and make other provisions therein with respect to pledged receipts as authorized by this chapter, which provisions shall be controlling notwithstanding any other provisions of law pertaining thereto.
(Q) The issuing authority may covenant in the bond proceedings, and any such covenants shall be controlling notwithstanding any other provision of law, that the state and applicable officers and governmental agencies of the state, including the general assembly, so long as any obligations are outstanding, shall:
(1) Maintain statutory authority for and cause to be operated the state lottery, including the transfers to and from the lottery profits education fund created in section 3770.06 of the Revised Code so that the pledged receipts shall be sufficient in amount to meet bond service charges, and the establishment and maintenance of any reserves and other requirements provided for in the bond proceedings;
(2) Take or permit no action, by statute or otherwise, that would impair the exclusion from gross income for federal income tax purposes of the interest on any obligations designated by the bond proceeding as tax-exempt obligations.
(R) There is hereby created the school building program bond service fund, which shall be in the custody of the treasurer of state but shall be separate and apart from and not a part of the state treasury. All moneys received by or on account of the issuing authority or state agencies and required by the applicable bond proceedings, consistent with this section, to be deposited, transferred, or credited to the school building program bond service fund, and all other moneys transferred or allocated to or received for the purposes of the fund, shall be deposited and credited to such fund and to any separate accounts therein, subject to applicable provisions of the bond proceedings, but without necessity for any act of appropriation, except as required by section 3770.06 of the Revised Code. During the period beginning with the date of the first issuance of obligations and continuing during such time as any such obligations are outstanding, and so long as moneys in the school building program bond service fund are insufficient to pay all bond service charges on such obligations becoming due in each year, a sufficient amount of the moneys from the lottery profits education fund included in pledged receipts, subject to appropriation for such purpose as provided in section 3770.06 of the Revised Code, are committed and shall be paid to the school building program bond service fund in each year for the purpose of paying the bond service charges becoming due in that year. The school building program bond service fund is a trust fund and is hereby pledged to the payment of bond service charges solely on obligations issued to provide moneys for the school building program assistance fund to the extent provided in the applicable bond proceedings, and payment thereof from such fund shall be made or provided for by the treasurer of state in accordance with such bond proceedings without necessity for any act of appropriation except as required by section 3770.06 of the Revised Code.
(S) There is hereby created the school facilities bond
service fund, which shall be in the custody of the treasurer of
state but shall be separate and apart from and not a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the school facilities bond
service fund, and all other moneys transferred or allocated to or
received for the purposes of the fund, shall be deposited and
credited to such fund and to any separate accounts therein,
subject to applicable provisions of the bond proceedings, but
without necessity for any act of appropriation. During the
period beginning with the date of the first issuance of
obligations and continuing during such time as any such
obligations are outstanding, and so long as moneys in the school
facilities bond service fund are insufficient to pay all bond
service charges on such obligations becoming due in each year, a
sufficient amount of the moneys from the public school building
fund included in pledged receipts are committed and shall be paid
to the bond service fund in each year for the purpose of paying
the bond service charges becoming due in that year. The school
facilities bond service fund is a trust fund and is hereby
pledged to the payment of bond service charges on obligations
issued to provide moneys for the school districts facilities fund
to the extent provided in the applicable bond proceedings, and
payment thereof from such fund shall be made or provided for by
the treasurer of state in accordance with such bond proceedings
without necessity for any act or appropriation.
(T) The obligations, the transfer thereof, and the income
therefrom, including any profit made on the sale thereof,
at all times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations issued pursuant to section 3318.26 of the Revised Code to provide moneys for the school building program assistance fund shall be ten years. The terms of the obligations shall be such that in any fiscal year the aggregate amount of moneys from the lottery profits education fund, and not from other sources, that are pledged to pay bond service charges on obligations issued to provide moneys for the school building program assistance fund shall not exceed ten million dollars.
As used in this section, "other sources" includes the annual investment income on special funds to the extent the income will be available for payment of any bond service charges in lieu of use of moneys from the lottery profits education fund. The annual investment income shall be estimated on the basis of the expected funding of those special funds and assumed investment earnings thereon at a rate equal to the weighted average yield on investments of those special funds determined as of any date within sixty days immediately preceding the date of issuance of the bonds in respect of which the determination is being made.
The determinations required by this section shall be made by the treasurer of state at the time of issuance of an issue of obligations and shall be conclusive for purposes of such issuance of obligations from and after their issuance and delivery.
The maximum maturity of obligations issued pursuant to
section 3318.26 of the Revised Code to provide moneys for the
school district facilities fund shall not exceed the maximum
maturity of the loan made from such fund pursuant to section
3318.24 of the Revised Code utilizing the proceeds of such
obligations or ten years, whichever is less. The terms of the
obligations shall be such that in any fiscal year the aggregate
amount of moneys from the public school building fund that are
pledged to pay bond service charges on obligations issued to
provide moneys for the school districts facilities fund shall not
exceed an amount which shall be established by the Ohio school
facilities commission.
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. MONEYS IN THE FUND MAY BE USED BY THE COMMISSION TO PAY PERSONNEL AND OTHER ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER CHAPTER 3318. OF THE REVISED CODE.
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO THE
OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT EARNINGS ON THE
PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 3318.15 OF
THE REVISED CODE. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT
EARNINGS ON THE SCHOOL BUILDING PROGRAM ASSISTANCE FUND, CREATED UNDER
SECTION 3318.25 OF THE REVISED CODE, IN EXCESS OF THE
AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section:
(1) "Adjusted valuation per pupil" has MEANS the same
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT OF
EDUCATION UNDER DIVISION (A) OF section
3317.0213 3318.011 of the Revised Code.
(2) "Ohio school facilities commission" has the same meaning as in section 3318.01 of the Revised Code.
(B) The Ohio school facilities
commission shall establish and administer the emergency school
building repair program. Under the program, the commission
shall distribute moneys appropriated by the general assembly for
such purpose to school districts, beginning with those districts
with an A CURRENT, ONE-YEAR adjusted valuation per pupil less
than the
CURRENT, ONE-YEAR adjusted valuation
per pupil of the school district with the two
hundred ninety-third lowest adjusted valuation per pupil in the state.
The commission shall submit to the
controlling board for its approval or
disapproval requests for
allocations of lump sums of money from which the commission may
disburse funds to school districts upon determining that the
districts qualify for emergency building repair
assistance. Any
school district that receives moneys under this section shall
expend them only to repair the following:
(1) Heating systems;
(2) Floors, roofs, and exterior doors;
(3) Air ducts and other air ventilation devices;
(4) Emergency exit or egress passageway lighting;
(5) Fire alarm systems;
(6) Handicapped access needs;
(7) Sewage systems;
(8) Water supplies;
(9) Asbestos removal; and
(10) Any other repairs to a school building that meet the requirements of the life safety code, as interpreted by the commission.
(C) The Ohio school facilities
commission shall adopt rules in accordance with
Chapter 119. of the Revised Code necessary to
carry out its duties and responsibilities under this section.
Sec. 3319.235. (A) The standards for the preparation of teachers adopted under section 3319.23 of the Revised Code shall require any institution that provides a course of study for the training of teachers to ensure that graduates of such course of study are skilled at integrating educational technology in the instruction of children, as evidenced by the graduate having either demonstrated proficiency in such skills in a manner prescribed by the department of education or completed a course that includes training in such skills.
(B) The office of information, learning, and technology
OHIO SCHOOLNET COMMISSION,
established in division (B) of PURSUANT TO section 3301.80 of
the Revised Code, shall
establish model professional development programs to assist teachers who
completed their
teacher preparation prior to the effective date of division (A) of
this section to become skilled at integrating educational technology in the
instruction of children. The office COMMISSION shall provide
technical assistance to
school districts wishing to establish such programs.
Sec. 3332.05. (A) The state board of proprietary school
registration shall issue a certificate of registration to an
applicant of good reputation seeking to offer one or more
programs upon receipt of the fee established in accordance with
section 3332.07 of the Revised Code and upon determining the
applicant has the facilities, resources, and faculty to provide
students with the kind of instruction that it proposes to offer
and meets the minimum standards of the board. A certificate of
registration shall be granted or denied within one hundred twenty
days of the receipt of the application therefor by the board. A
person shall obtain a separate certificate for each location at
which he THE PERSON offers programs. A THE FIRST
certificate of
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT FOR
EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS EARLIER REVOKED FOR CAUSE BY
THE BOARD UNDER SECTION 3332.09 of the Revised Code. ANY OTHER CERTIFICATE OF
REGISTRATION is valid
for two years, unless earlier revoked for cause by the board UNDER THAT
SECTION.
(B) The board shall issue program authorization for an associate degree, certificate, or diploma program to an applicant holding a certificate of registration issued pursuant to division (A) of this section upon receipt of the fee established in accordance with section 3332.07 of the Revised Code and upon determining the applicant has the facilities, resources, and faculty to provide students the kind of program it proposes to offer and meets the minimum standards of the state board.
The state board shall promptly furnish the Ohio board of regents a copy of all applications for issuance or renewal of program authorization to offer any associate degree program. Prior to the issuance or renewal of such program authorization the state board shall conduct an on-site visit of the school proposing the program. A representative of the board of regents shall participate in the visit. Within twenty-one days of the on-site visit the representative of the board of regents shall provide the state board with a written statement recommending approval or disapproval of the application.
Any program authorization issued by the board under this division is valid only for the specified program at the location for which it is issued and does not cover any other program offered at the school or at other schools operated by the owner. Program authorization is valid for the period of time specified by the board, unless earlier suspended or revoked for cause by the board UNDER SECTION 3332.09 of the Revised Code.
(C) The state board shall accept and review all applications for program authorization for baccalaureate, master's, and doctoral degree programs only from schools holding certificates of registration issued by the board that have held such certificates for the ten previous consecutive years. After review the board shall refer any application it finds valid to the Ohio board of regents for approval. The board of regents shall review, and approve or disapprove, such degree programs and if so approved, issue certificates of authorization to such schools to offer such degree programs pursuant to Chapter 1713. of the Revised Code. The board of regents shall notify the state board of proprietary school registration of each school registered with the state board that receives a certificate of authorization and the approval to offer any degree program. Upon receipt of such notification and the fee established in accordance with section 3332.07 of the Revised Code, the state board shall review, and may issue program authorization to offer, such a degree program. Any program authorization issued by the board under this division is valid only for the specified program at the location for which it is issued and does not cover any other program offered at the school or at other schools operated by the owner. Program authorization is valid for the period of time specified by the board, unless earlier suspended or revoked for cause by the board UNDER SECTION 3332.09 of the Revised Code. The state board shall not issue such program authorization unless the degree program has been approved by the board of regents.
(D) The board may cause an investigation to be made into the correctness of the information submitted in any application received under this section. If the board believes that false, misleading, or incomplete information has been submitted to it in connection with any application, the board shall conduct a hearing on the matter pursuant to Chapter 119. of the Revised Code, and may withhold a certificate of registration or program authorization upon finding that the applicant has failed to meet the standards for such certificate or program authorization or has submitted false, misleading, or incomplete information to the board. Application for a certificate of registration or program authorization shall be made in writing to the board on forms furnished by the board. A certificate of registration or program authorization is not transferable and shall be prominently displayed on the premises of an institution.
The board shall assign registration numbers to all schools registered with it. Schools shall display their registration numbers on all school publications and on all advertisements bearing the name of the school.
Notwithstanding the requirements of this section for
issuance of certificates of registration and program
authorization, the board may, in accordance with rules adopted by
it, grant certificates of registration and program authorization
to schools, colleges, institutes, or universities that have been
approved by the state department of education pursuant to the
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771.
Sec. 3332.07. (A) Each application for issuance and renewal of a certificate of registration, for the issuance and renewal of program authorization, for issuance and renewal of agent's permits, and for any other service specified by the state board of proprietary school registration shall be accompanied by the required fee. Fees submitted under this section are not returnable even if approval or renewal is denied.
(B) Fee schedules for the issuance and renewal of certificates of registration, for the issuance and renewal of program authorization, for issuance and renewal of agent's permits, and for any other service specified by the board shall be established by rule adopted by the state board. THE FEE FOR A ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE FOR A TWO-YEAR CERTIFICATE.
(C) If in any fiscal year the amount received in fees
under this section does not equal or exceed fifty per cent of board
expenditures for the fiscal year, the board shall increase fees for the
ensuing fiscal year by an amount estimated to be sufficient to
produce revenues equal to fifty per cent of estimated expenditures for
that ensuing fiscal year.
Sec. 3333.04. The Ohio board of regents shall:
(A) Make studies of state policy in the field of higher education and formulate a master plan for higher education for the state, considering the needs of the people, the needs of the state, and the role of individual public and private institutions within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general assembly on the findings from its studies and the master plan for higher education for the state;
(2) Report at least semiannually to the general assembly and the governor the enrollment numbers at each state-assisted institution of higher education.
(C) Approve or disapprove the establishment of new branches or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state technical colleges or any other state institution of higher education;
(E) Recommend the nature of the programs, undergraduate, graduate, professional, state-financed research, and public services which should be offered by the state colleges, universities, and other state-assisted institutions of higher education in order to utilize to the best advantage their facilities and personnel;
(F) Recommend to the state colleges, universities, and other state-assisted institutions of higher education graduate or professional programs, including, but not limited to, doctor of philosophy, doctor of education, and juris doctor programs, that could be eliminated because they constitute unnecessary duplication, as shall be determined using the process developed pursuant to this section, or for other good and sufficient cause. For purposes of determining the amounts of any state instructional subsidies paid to these colleges, universities, and institutions, the board may exclude students enrolled in any program that the board has recommended for elimination pursuant to this division except that the board shall not exclude any such student who enrolled in the program prior to the date on which the board initially commences to exclude students under this division. The board of regents and these colleges, universities, and institutions shall jointly develop a process for determining which existing graduate or professional programs constitute unnecessary duplication.
(G) Recommend to the state colleges, universities, and other state-assisted institutions of higher education programs which should be added to their present programs;
(H) Conduct studies for the state colleges, universities, and other state-assisted institutions of higher education to assist them in making the best and most efficient use of their existing facilities and personnel;
(I) Make recommendations to the governor and general assembly concerning the development of state-financed capital plans for higher education; the establishment of new state colleges, universities, and other state-assisted institutions of higher education; and the establishment of new programs at the existing state colleges, universities, and other institutions of higher education;
(J) Review the appropriation requests of the public community colleges and the state colleges and universities and submit to the office of budget and management and to the chairpersons of the finance committees of the house of representatives and of the senate its recommendations in regard to the biennial higher education appropriation for the state, including appropriations for the individual state colleges and universities and public community colleges. For the purpose of determining the amounts of instructional subsidies to be paid to state-assisted colleges and universities, the board shall define "full-time equivalent student" by program per academic year. The definition may take into account the establishment of minimum enrollment levels in technical education programs below which support allowances will not be paid. Except as otherwise provided in this section, the board shall make no change in the definition of "full-time equivalent student" in effect on November 15, 1981, which would increase or decrease the number of subsidy-eligible full-time equivalent students, without first submitting a fiscal impact statement to the president of the senate, the speaker of the house of representatives, the legislative budget office of the legislative service commission, and the director of budget and management. The board shall work in close cooperation with the director of budget and management in this respect and in all other matters concerning the expenditures of appropriated funds by state colleges, universities, and other institutions of higher education.
(K) Seek the cooperation and advice of the officers and trustees of both public and private colleges, universities, and other institutions of higher education in the state in performing its duties and making its plans, studies, and recommendations;
(L) Appoint advisory committees consisting of persons associated with public or private secondary schools, members of the state board of education, or personnel of the state department of education;
(M) Appoint advisory committees consisting of college and university personnel, or other persons knowledgeable in the field of higher education, or both, in order to obtain their advice and assistance in defining and suggesting solutions for the problems and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree programs at all state colleges, universities, and other state-assisted institutions of higher education;
(O) Adopt such rules as are necessary to carry out its duties and responsibilities;
(P) Establish and submit to the governor and the general assembly a clear and measurable set of goals and timetables for their achievement for each program under the supervision of the board that is designed to accomplish any of the following:
(1) Increased access to higher education;
(2) Job training;
(3) Adult literacy;
(4) Research;
(5) Excellence in higher education;
(6) Reduction in the number of graduate programs within the same subject area.
In July of each odd-numbered year, the board of regents shall submit to the governor and the general assembly a report on progress made toward these goals.
(Q) Make recommendations to the governor and the general assembly regarding the design and funding of the student financial aid programs specified in sections 3333.12, 3333.21 to 3333.27, and 5910.02 of the Revised Code;
(R) Participate in education-related state or federal programs on behalf of the state and assume responsibility for the administration of such programs in accordance with applicable state or federal law;
(S) Adopt rules for student financial
aid programs as required by sections 3333.12, 3333.21 to
3333.27, 3333.28, 3333.29, and 5910.02 of the
Revised Code, and perform any other
administrative functions assigned to the board by those
sections;
(T) Administer contracts under sections 3702.74 and 3702.75 of the Revised Code in accordance with rules adopted by the director of health under section 3702.79 of the Revised Code;
(U) REGULARLY MONITOR THE OCCUPANCY RATES OF STATE UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT SERVICE AND PLANT MAINTENANCE. IN CONJUNCTION WITH THE DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE MAY BE JEOPARDIZED;
(V) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED INSTITUTIONS OF
HIGHER EDUCATION.
Sec. 3333.12. (A) As used in this section:
(1) "Eligible student" means an undergraduate student who is:
(a) An Ohio resident;
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964 and is state-assisted, is nonprofit and has a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or has a certificate of registration from the state board of proprietary school registration and program authorization to award an associate or bachelor's degree. Students who attend an institution that holds a certificate of registration shall be enrolled in a program leading to an associate or bachelor's degree for which associate or bachelor's degree program the institution has program authorization issued under section 3332.05 of the Revised Code.
(ii) A technical education program of at least two years duration sponsored by a private institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964.
(c) Enrolled as a full-time student or enrolled as a less than full-time student for the term expected to be the student's final term of enrollment and is enrolled for the number of credit hours necessary to complete the requirements of the program in which the student is enrolled.
(2) "Gross income" includes all taxable and nontaxable
income of the parents, the student, and the student's spouse,
except income derived from an Ohio academic scholarship and,
income earned by the student between the last day of the spring
term and the first day of the fall term, as published by the
institution in which the student is enrolled. In the case of
self-employed persons, business expenses as defined by the Ohio
board of regents shall be subtracted from taxable and
nontaxable income. Where no gross income or inadequate gross
income as determined by the board is reported, the
board shall establish a formula for determining the means by
which the family maintained itself and translate the data into
gross income for Ohio instructional grant purposes. Family
income may be verified by supplying to the board a copy of
the federal government tax return, by authorizing access to the
family federal government income tax return,
AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE BOARD. GROSS INCOME
MAY BE VERIFIED TO THE BOARD BY THE INSTITUTION IN WHICH THE STUDENT IS
ENROLLED USING THE FEDERAL FINANCIAL AID ELIGIBILITY VERIFICATION
PROCESS
or by other means satisfactory to the board.
(3) "Resident," "full-time student," "dependent," "financially independent," and "accredited" shall be defined by rules adopted by the board.
(4) "Federal law" means the "Higher Education Amendments
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended.
(5) "Default rate" means the cohort default rate
determined by the United States secretary of education pursuant
to federal law.
(6) "School year" means the twelve months that begin on
the first day of August of a calendar year and end on the
thirty-first day of July of the following calendar year.
(B) The Ohio board of regents shall establish and administer an instructional grant program and may adopt rules to carry out this section. The general assembly shall support the instructional grant program by such sums and in such manner as it may provide, but the board may also receive funds from other sources to support the program. If the amounts available for support of the program are inadequate to provide grants to all eligible students, preference in the payment of grants shall be given in terms of income, beginning with the lowest income category of gross income and proceeding upward by category to the highest gross income category.
An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except that no
instructional grant shall be paid to any person serving a term of
imprisonment. Applications for
such grants shall be made as prescribed by the board, and
such applications may be made in conjunction with and upon the
basis of information provided in conjunction with student
assistance programs funded by agencies of the United States
government or from financial resources of the institution of
higher education. The institution shall certify that the student
applicant meets the requirements set forth in divisions (A)(1)(b)
and (c) of this section. Instructional grants shall be provided
to an eligible student only as long as the student is making
appropriate progress toward a nursing diploma or an associate or
bachelor's degree. The grant shall cover any two semesters,
three quarters, or the equivalent of one academic year. No
student shall be eligible to receive a grant for more than ten
semesters, fifteen quarters, or the equivalent of five academic
years. A grant made to an eligible student on the basis of less
than full-time enrollment shall be based on the number of credit
hours for which the student is enrolled and shall be computed in
accordance with a formula adopted by the board. No student
shall receive more than one grant on the basis of less than
full-time enrollment.
An instructional grant shall not exceed the total instructional and general charges of the institution.
(C) For
THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM GRANT
AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE
PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR ADDITIONAL
TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED UNDER
DIVISION (D) OF THIS SECTION.
FOR a full-time student who is a dependent and enrolled in a nonprofit educational institution that is not a state-assisted institution and that has a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER $13,001 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 |
$13,001 - $14,000 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 |
$14,001 - $15,000 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 |
$15,001 - $16,000 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 |
$16,001 - $17,000 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 |
$17,001 - $20,000 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 |
$20,001 - $23,000 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 |
$23,001 - $26,000 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 |
$26,001 - $29,000 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 |
$29,001 - $30,000 | 966 | 1,200 | 1,452 | 1,944 | 2,442 |
$30,001 - $31,000 | 882 | 966 | 1,200 | 1,452 | 1,944 |
$31,001 - $32,000 | 792 | 882 | 966 | 1,200 | 1,452 |
$32,001 - $33,000 | 396 | 792 | 882 | 966 | 1,200 |
$33,001 - $34,000 | -0- | 396 | 792 | 882 | 966 |
$34,001 - $35,000 | -0- | -0- | 396 | 792 | 882 |
$35,001 - $36,000 | -0- | -0- | -0- | 396 | 792 |
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 396 |
OVER $37,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and enrolled in a nonprofit educational institution that is not a state-assisted institution and that has a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER $4,201 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 |
$4,201 - $4,800 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 | 4,872 |
$4,801 - $5,300 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 |
$5,301 - $5,800 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 |
$5,801 - $6,300 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 |
$6,301 - $6,800 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 |
$6,801 - $7,800 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 |
$7,801 - $8,800 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 |
$8,801 - $9,800 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 |
$9,801 - $11,300 | 966 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 |
$11,301 - $12,800 | 882 | 966 | 1,200 | 1,452 | 1,944 | 2,442 |
$12,801 - $14,300 | 792 | 882 | 966 | 1,200 | 1,452 | 1,944 |
$14,301 - $15,800 | 396 | 792 | 882 | 966 | 1,200 | 1,452 |
$15,801 - $18,800 | -0- | 396 | 792 | 882 | 966 | 1,200 |
$18,801 - $21,800 | -0- | -0- | 396 | 792 | 882 | 966 |
$21,801 - $24,800 | -0- | -0- | -0- | 396 | 792 | 882 |
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 396 | 792 |
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 396 |
OVER$34,500 | -0- | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is a dependent and enrolled in an educational institution that holds a certificate of registration from the state board of proprietary school registration, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER$13,001 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 |
$13,001 - $14,000 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 |
$14,001 - $15,000 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 |
$15,001 - $16,000 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 |
$16,001 - $17,000 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 |
$17,001 - $20,000 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 |
$20,001 - $23,000 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 |
$23,001 - $26,000 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 |
$26,001 - $29,000 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 |
$29,001 - $30,000 | 810 | 1,014 | 1,266 | 1,656 | 2,046 |
$30,001 - $31,000 | 762 | 810 | 1,014 | 1,266 | 1,656 |
$31,001 - $32,000 | 672 | 762 | 810 | 1,014 | 1,266 |
$32,001 - $33,000 | 336 | 672 | 762 | 810 | 1,014 |
$33,001 - $34,000 | -0- | 336 | 672 | 762 | 810 |
$34,001 - $35,000 | -0- | -0- | 336 | 672 | 762 |
$35,001 - $36,000 | -0- | -0- | -0- | 336 | 672 |
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 336 |
OVER$37,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and enrolled in an educational institution that holds a certificate of registration from the state board of proprietary school registration, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER $4,201 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 |
$4,201 - $4,800 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 | 4,128 |
$4,801 - $5,300 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 |
$5,301 - $5,800 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 |
$5,801 - $6,300 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 |
$6,301 - $6,800 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 |
$6,801 - $7,800 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 |
$7,801 - $8,800 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 |
$8,801 - $9,800 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 |
$9,801 - $11,300 | 810 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 |
$11,301 - $12,800 | 762 | 810 | 1,014 | 1,266 | 1,656 | 2,046 |
$12,801 - $14,300 | 672 | 762 | 810 | 1,014 | 1,266 | 1,656 |
$14,301 - $15,800 | 336 | 672 | 762 | 810 | 1,014 | 1,266 |
$15,801 - $18,800 | -0- | 336 | 672 | 762 | 810 | 1,014 |
$18,801 - $21,800 | -0- | -0- | 336 | 672 | 762 | 810 |
$21,801 - $24,800 | -0- | -0- | -0- | 336 | 672 | 762 |
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 336 | 672 |
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 336 |
OVER$34,500 | -0- | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is a dependent and enrolled in a state-assisted educational institution, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER$13,001 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 |
$13,001 - $14,000 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 |
$14,001 - $15,000 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 |
$15,001 - $16,000 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 |
$16,001 - $17,000 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 |
$17,001 - $20,000 | 966 | 1,182 | 1,380 | 1,554 | 1,764 |
$20,001 - $23,000 | 774 | 966 | 1,182 | 1,380 | 1,554 |
$23,001 - $26,000 | 582 | 774 | 966 | 1,182 | 1,380 |
$26,001 - $29,000 | 468 | 582 | 774 | 966 | 1,182 |
$29,001 - $30,000 | 378 | 468 | 582 | 774 | 966 |
$30,001 - $31,000 | 348 | 378 | 468 | 582 | 774 |
$31,001 - $32,000 | 318 | 348 | 378 | 468 | 582 |
$32,001 - $33,000 | 162 | 318 | 348 | 378 | 468 |
$33,001 - $34,000 | -0- | 162 | 318 | 348 | 378 |
$34,001 - $35,000 | -0- | -0- | 162 | 318 | 348 |
$35,001 - $36,000 | -0- | -0- | -0- | 162 | 318 |
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 162 |
OVER$37,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and enrolled in a state-assisted educational institution, the amount of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year shall be determined in accordance with the following table:
Maximum Grant $ | |
Gross Income | Number of Dependents |
5 or more |
UNDER $4,201 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 |
4,201 - $4,800 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 | 1,956 |
$4,801 - $5,300 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 |
$5,301 - $5,800 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 |
$5,801 - $6,300 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 |
$6,301 - $6,800 | 966 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 |
$6,801 - $7,800 | 774 | 966 | 1,182 | 1,380 | 1,554 | 1,764 |
$7,801 - $8,800 | 582 | 774 | 966 | 1,182 | 1,380 | 1,554 |
$8,801 - $9,800 | 468 | 582 | 774 | 966 | 1,182 | 1,380 |
$9,801 - $11,300 | 378 | 468 | 582 | 774 | 966 | 1,182 |
$11,301 - $12,800 | 348 | 378 | 468 | 582 | 774 | 966 |
$12,801 - $14,300 | 318 | 348 | 378 | 468 | 582 | 774 |
$14,301 - $15,800 | 162 | 318 | 348 | 378 | 468 | 582 |
$15,801 - $18,800 | -0- | 162 | 318 | 348 | 378 | 468 |
$18,801 - $21,800 | -0- | -0- | 162 | 318 | 348 | 378 |
$21,801 - $24,800 | -0- | -0- | -0- | 162 | 318 | 348 |
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 162 | 318 |
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 162 |
OVER$34,500 | -0- | -0- | -0- | -0- | -0- | -0- |
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION (C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION.
(E) No grant shall be made to any student in a course of study in theology, religion, or other field of preparation for a religious profession unless such course of study leads to an accredited bachelor of arts, bachelor of science, or associate of arts degree.
(E)(F)(1) Except as provided in division
(E)(F)(2) of this
section, no grant shall be made to any student for enrollment
during a school FISCAL year in an institution with a
COHORT default rate
DETERMINED BY THE UNITED
STATES SECRETARY OF EDUCATION
PURSUANT TO THE "HIGHER
EDUCATION
AMENDMENTS OF 1986," 100
STAT. 1278, 1408, 20
U.S.C.A. 1085, AS AMENDED, as of
the fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the preceding two
FISCAL years.
(2) Division (E)(F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under THE
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
COHORT default rate after recalculation is lower than the rate
specified
in division (E)(F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may continue to
participate in federal financial aid programs. The board
shall adopt rules requiring institutions to provide information
regarding an appeal to the board.
(b) Any student who has previously received a grant under this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all institutions whose students will be ineligible to
participate in the grant program pursuant to division
(E)(F)(1) of this section.
(4) A student's attendance at an institution whose
students lose eligibility for grants under division (E)(F)(1)
of this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution.
(F)(G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but are no longer eligible for all or part of such grants
and shall refund any moneys due the state within thirty days
after the beginning of the quarter or term immediately following
the quarter or term in which the student was no longer eligible
to receive all or part of the student's grant. There shall
be an interest
charge of one per cent per month on all moneys due and payable
after such thirty-day period. The board shall immediately
notify the office of budget and management and the legislative
budget office of the legislative service commission of all
refunds so received.
Sec. 3333.20. (A) On or before September 1, 1993, the THE
Ohio board of regents shall adopt MAINTAIN educational service
standards
that shall apply to all EXPECTATIONS FOR community colleges,
university branches,
technical colleges, and state community colleges established
under Chapters 3354., 3355., 3357., and 3358. of the Revised
Code, respectively. These standards shall EXPECTATIONS provide
for GUIDANCE TO such
institutions to offer or demonstrate at least the following
REGARDING MINIMUM SERVICES AND PROGRAMS THAT SHOULD BE AVAILABLE TO EVERY
COMMUNITY. THE EXPECTATIONS ARE:
(1) An appropriate A range of career or technical
programs PROGRAMMING
designed to prepare individuals for employment in specific
careers at the technical or paraprofessional level;
(2) Commitment to an effective array of developmental education services providing opportunities for academic skill enhancement;
(3) Partnerships with industry, business, government, and
labor for the retraining EDUCATION AND TRAINING of the workforce
and TO ENHANCE the economic
development of the community;
(4) Noncredit continuing education opportunities;
(5) College transfer programs or the initial two years
of a baccalaureate degree for students planning to transfer to
institutions offering baccalaureate programs PROGRAMS AND SERVICES THAT
ASSIST STUDENT ADVANCEMENT TOWARD A BACCALAUREATE DEGREE;
(6) Linkages with high schools to ensure that graduates
are adequately prepared for post-secondary instruction HIGHER
EDUCATION;
(7) Student access provided according to a convenient
schedule and program quality provided at an affordable price A LEARNING
ENVIRONMENT THAT IS ACCESSIBLE TO STUDENTS AND THAT USES THE HIGHEST QUALITY
INSTRUCTIONAL TECHNIQUES;
(8) That student STUDENT fees charged by any institution
THAT are as low as possible,
especially if the AT ANY institution is being supported
by a local tax levy;
(9) A high level of community involvement in the decision-making process in such critical areas as course delivery, range of services, fees and budgets, and administrative personnel.
(B) The AS NEEDED, THE board of regents shall consult with
representatives of state-assisted colleges and universities, as
defined in section 3333.041 of the Revised Code, in developing
appropriate methods for achieving or maintaining the standards
EXPECTATIONS
adopted pursuant to division (A) of this section.
(C) In considering institutions that are co-located, the board of regents
shall apply the standards to them in two manners:
(1) As a whole entity;
(2) As separate entities, applying the standards separately to each.
When distributing any state funds among institutions based on the degree to
which they meet the standards, the board of regents shall provide to
institutions that are co-located the higher amount produced by the two
judgments under divisions (C)(1) and (2) of this section.
Sec. 3333.27. As used in this section:
(A) "Eligible institution" means a nonprofit Ohio institution of higher education that holds a certificate of authorization issued under section 1713.02 of the Revised Code and meets the requirements of Title VI of the Civil Rights Act of 1964.
(B) "Resident" and "full-time student" have the meanings established for purposes of this section by rule of the Ohio board of regents.
The board shall establish and administer a student choice grant program and shall adopt rules for the administration of the program.
The board may make a grant to any resident of this state who is enrolled as a full-time student in a bachelor's degree program at an eligible institution and maintains an academic record that meets or exceeds the standard established pursuant to this section by rule of the board, except that no grant shall be made to any individual who was enrolled as a student in an institution of higher education on or before July 1, 1984, or is serving a term of imprisonment. The grant shall not exceed the lesser of the total instructional and general charges of the institution in which the student is enrolled, or an amount equal to one-fourth of the total of any state instructional subsidy amount distributed by the board in the second fiscal year of the preceding biennium for all full-time students enrolled in bachelor's degree programs at four-year state-assisted institutions of higher education divided by the sum of the actual number of full-time students enrolled in bachelor's degree programs at four-year state-assisted institutions of higher education reported to the board for such year by the institutions to which the subsidy was distributed.
The board shall prescribe the form and manner of application for grants including the manner of certification by eligible institutions that each applicant from such institution is enrolled in a bachelor's degree program as a full-time student and has an academic record that meets or exceeds the standard established by the board.
A grant awarded to an eligible student shall be paid to the institution in which the student is enrolled, and the institution shall reduce the student's instructional and general charges by the amount of the grant. Each grant awarded shall be prorated and paid in equal installments at the time of enrollment for each term of the academic year for which the grant is awarded. No student shall be eligible to receive a grant for more than ten semesters, fifteen quarters, or the equivalent of five academic years.
The receipt of an Ohio student choice grant shall not affect a student's eligibility for assistance, or the amount of such assistance, granted under section 3315.33, 3333.12, 3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a student receives assistance under one or more of such sections, the student choice grant made to the student shall not exceed the difference between the amount of assistance received under such sections and the total instructional and general charges of the institution in which the student is enrolled.
The general assembly shall support the student choice grant program by such sums and in such manner as it may provide, but the board may also receive funds from other sources to support the program.
No grant shall be made to any student enrolled in a course of study leading to a degree in theology, religion, or other field of preparation for a religious profession UNLESS THE COURSE OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE.
Institutions of higher education that enroll students
receiving grants under this section shall report to the
board the name of each student who has received such
a grant but who is no longer eligible for all or part of such grant and
shall refund all moneys due to the state within thirty days after
the beginning of the term immediately following the term in which
the student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per
month on all moneys due and payable after such thirty-day period. The
board shall immediately notify the office of
budget and management and the legislative budget office of the legislative
service commission of all refunds received.
Sec. 5747.01. Except as otherwise expressly provided or clearly appearing from the context, any term used in this chapter has the same meaning as when used in a comparable context in the Internal Revenue Code, and all other statutes of the United States relating to federal income taxes.
As used in this chapter:
(A) "Adjusted gross income" or "Ohio adjusted gross
income" means adjusted gross income as defined and used in the
Internal Revenue Code, adjusted as provided in divisions
(A)(1) to (17) of this section:
(1) Add interest or dividends on obligations or securities of any state or of any political subdivision or authority of any state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States that are exempt from federal income taxes but not from state income taxes.
(3) Deduct interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent included in federal adjusted gross income but exempt from state income taxes under the laws of the United States.
(4) Deduct disability and survivor's benefits to the extent included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security Act and tier 1 railroad retirement benefits to the extent included in federal adjusted gross income under section 86 of the Internal Revenue Code.
(6) Add, in the case of a taxpayer who is a beneficiary of a trust that makes an accumulation distribution as defined in section 665 of the Internal Revenue Code, the portion, if any, of such distribution that does not exceed the undistributed net income of the trust for the three taxable years preceding the taxable year in which the distribution is made. "Undistributed net income of a trust" means the taxable income of the trust increased by (a)(i) the additions to adjusted gross income required under division (A) of this section and (ii) the personal exemptions allowed to the trust pursuant to section 642(b) of the Internal Revenue Code, and decreased by (b)(i) the deductions to adjusted gross income required under division (A) of this section, (ii) the amount of federal income taxes attributable to such income, and (iii) the amount of taxable income that has been included in the adjusted gross income of a beneficiary by reason of a prior accumulation distribution. Any undistributed net income included in the adjusted gross income of a beneficiary shall reduce the undistributed net income of the trust commencing with the earliest years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not otherwise allowable as a deduction but that would have been allowable as a deduction in computing federal adjusted gross income for the taxable year, had the targeted jobs credit allowed and determined under sections 38, 51, and 52 of the Internal Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public obligations and purchase obligations to the extent included in federal adjusted gross income.
(9) Add any loss or deduct any gain resulting from the sale, exchange, or other disposition of public obligations to the extent included in federal adjusted gross income.
(10) Regarding tuition credits purchased under Chapter 3334. of the Revised Code:
(a) Deduct the following:
(i) For credits that as of the end of the taxable year have not been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the amount of income related to the credits, to the extent included in federal adjusted gross income;
(ii) For credits that during the taxable year have been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the excess of the total purchase price of the tuition credits refunded over the amount of refund, to the extent the amount of the excess was not deducted in determining federal adjusted gross income;
(b) Add the following:
(i) For credits that as of the end of the taxable year have not been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the amount of loss related to the credits, to the extent the amount of the loss was deducted in determining federal adjusted gross income;
(ii) For credits that during the taxable year have been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the excess of the amount of refund over the purchase price of each tuition credit refunded, to the extent not included in federal adjusted gross income.
(11) Deduct, in the case of a self-employed individual as defined in section 401(c)(1) of the Internal Revenue Code and to the extent not otherwise allowable as a deduction in computing federal adjusted gross income for the taxable year, the amount paid during the taxable year for insurance that constitutes medical care for the taxpayer, the taxpayer's spouse, and dependents. No deduction under division (A)(11) of this section shall be allowed to any taxpayer who is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. No deduction under division (A)(11) of this section shall be allowed to the extent that the sum of such deduction and any related deduction allowable in computing federal adjusted gross income for the taxable year exceeds the taxpayer's earned income, within the meaning of section 401(c) of the Internal Revenue Code, derived by the taxpayer from the trade or business with respect to which the plan providing the medical coverage is established.
(12) Deduct any amount included in federal adjusted gross income solely because the amount represents a reimbursement or refund of expenses that in a previous year the taxpayer had deducted as an itemized deduction pursuant to section 63 of the Internal Revenue Code and applicable United States department of the treasury regulations.
(13) Deduct any portion of the deduction described in section 1341(a)(2) of the Internal Revenue Code, for repaying previously reported income received under a claim of right, that meets both of the following requirements:
(a) It is allowable for repayment of an item that was included in the taxpayer's adjusted gross income for a prior taxable year and did not qualify for a credit under division (A) or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and net investment earnings of, a medical savings account during the taxable year, in accordance with section 3924.66 of the Revised Code. The deduction allowed by division (A)(14) of this section does not apply to medical savings account deposits and earnings otherwise deducted or excluded for the current or any other taxable year from the taxpayer's federal adjusted gross income.
(15)(a) Add an amount equal to the funds withdrawn from a medical savings account during the taxable year, and the net investment earnings on those funds, when the funds withdrawn were used for any purpose other than to reimburse an account holder for, or to pay, eligible medical expenses, in accordance with section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings account under division (A)(2) of section 3924.68 of the Revised Code during the taxable year.
(16) Add any amount claimed as a credit under section 5747.059 of the Revised Code to the extent that such amount satisfies either of the following:
(a) The amount was deducted or excluded from the computation of the taxpayer's federal adjusted gross income as required to be reported for the taxpayer's taxable year under the Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's federal adjusted gross income as required to be reported for any of the taxpayer's taxable years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an individual development account program established by a county department of human services pursuant to sections 329.11 to 329.14 of the Revised Code for the purpose of matching funds deposited by program participants. On request of the tax commissioner, the taxpayer shall provide any information that, in the tax commissioner's opinion, is necessary to establish the amount deducted under division (A)(17) of this section.
(18) IF THE TAXPAYER IS MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 5747.27 of the Revised Code.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME.
(B) "Business income" means income arising from transactions, activities, and sources in the regular course of a trade or business and includes income from tangible and intangible property if the acquisition, rental, management, and disposition of the property constitute integral parts of the regular course of a trade or business operation.
(C) "Nonbusiness income" means all income other than business income and may include, but is not limited to, compensation, rents and royalties from real or tangible personal property, capital gains, interest, dividends and distributions, patent or copyright royalties, or lottery winnings, prizes, and awards.
(D) "Compensation" means any form of remuneration paid to an employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any other person acting in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve months ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means:
(1) An individual who is domiciled in this state, subject to section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death was domiciled in this state. The domicile tests of section 5747.24 of the Revised Code and any election under section 5747.25 of the Revised Code are not controlling for purposes of division (I)(2) of this section.
(J) "Nonresident" means an individual or estate that is not a resident. An individual who is a resident for only part of a taxable year is a nonresident for the remainder of that taxable year.
(K) "Pass-through entity" has the same meaning as in section 5733.04 of the Revised Code.
(L) "Return" means the notifications and reports required to be filed pursuant to this chapter for the purpose of reporting the tax due and includes declarations of estimated tax when so required.
(M) "Taxable year" means the calendar year or the taxpayer's fiscal year ending during the calendar year, or fractional part thereof, upon which the adjusted gross income is calculated pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed by section 5747.02 of the Revised Code or any pass-through entity that makes the election under division (D) of section 5747.08 of the Revised Code.
(O) "Dependents" means dependents as defined in the Internal Revenue Code and as claimed in the taxpayer's federal income tax return for the taxable year or which the taxpayer would have been permitted to claim had the taxpayer filed a federal income tax return.
(P) "Principal county of employment" means, in the case of a nonresident, the county within the state in which a taxpayer performs services for an employer or, if those services are performed in more than one county, the county in which the major portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised Code:
(1) "Subdivision" means any county, municipal corporation, park district, or township.
(2) "Essential local government purposes" includes all functions that any subdivision is required by general law to exercise, including like functions that are exercised under a charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that exceeds the figure determined to be the correct amount of the tax.
(S) "Taxable income" applies to estates only and means taxable income as defined and used in the Internal Revenue Code adjusted as follows:
(1) Add interest or dividends on obligations or securities of any state or of any political subdivision or authority of any state, other than this state and its subdivisions and authorities;
(2) Add interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States that are exempt from federal income taxes but not from state income taxes;
(3) Add the amount of personal exemption allowed to the estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States that are exempt from state taxes under the laws of the United States;
(5) Deduct the amount of wages and salaries, if any, not otherwise allowable as a deduction but that would have been allowable as a deduction in computing federal taxable income for the taxable year, had the targeted jobs credit allowed under sections 38, 51, and 52 of the Internal Revenue Code not been in effect;
(6) Deduct any interest or interest equivalent on public obligations and purchase obligations to the extent included in federal taxable income;
(7) Add any loss or deduct any gain resulting from sale, exchange, or other disposition of public obligations to the extent included in federal taxable income;
(8) Except in the case of the final return of an estate, add any amount deducted by the taxpayer on both its Ohio estate tax return pursuant to section 5731.14 of the Revised Code, and on its federal income tax return in determining either federal adjusted gross income or federal taxable income;
(9) Deduct any amount included in federal taxable income solely because the amount represents a reimbursement or refund of expenses that in a previous year the decedent had deducted as an itemized deduction pursuant to section 63 of the Internal Revenue Code and applicable treasury regulations;
(10) Deduct any portion of the deduction described in section 1341(a)(2) of the Internal Revenue Code, for repaying previously reported income received under a claim of right, that meets both of the following requirements:
(a) It is allowable for repayment of an item that was included in the taxpayer's taxable income or the decedent's adjusted gross income for a prior taxable year and did not qualify for a credit under division (A) or (B) of section 5747.05 of the Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable income or the decedent's adjusted gross income for the current or any other taxable year.
(11) Add any amount claimed as a credit under section 5747.059 of the Revised Code to the extent that the amount satisfies either of the following:
(a) The amount was deducted or excluded from the computation of the taxpayer's federal taxable income as required to be reported for the taxpayer's taxable year under the Internal Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's federal taxable income as required to be reported for any of the taxpayer's taxable years under the Internal Revenue Code.
(T) "School district income" and "school district income tax" have the same meanings as in section 5748.01 of the Revised Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) of this section, "public obligations," "purchase obligations," and "interest or interest equivalent" have the same meanings as in section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state.
(W) "Pass-through entity investor" means any person who, during any portion of a taxable year of a pass-through entity, is a partner, member, shareholder, or investor in that pass-through entity.
(X) "Banking day" has the same meaning as in section 1304.01 of the Revised Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three months, the third three months, or the last three months of the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 3345.011 of the Revised Code, OR A PRIVATE, NONPROFIT COLLEGE, UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. of the Revised Code OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. of the Revised Code.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM;
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION;
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise defined in
this
section and that is not used in a comparable context in the
Internal Revenue Code and other statutes of the
United States relating to federal income taxes has the same
meaning as in section 5733.40 of the Revised Code.
Sec. 5910.032. (A) A war orphans scholarship, as provided under sections
5910.01 to 5910.06 of the Revised Code, shall be granted to the child of any
person who, in the course of honorable service in the armed services of the
United States, was declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United States'
participation in armed conflict on or after January
1, 1960,
and who IF EITHER OF THE FOLLOWING APPLY:
(1) THE PARENT, at the time of entry into the armed services of
the United States, or
at the time the person PARENT was declared to be a prisoner of
war or missing in action, was a resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A RESIDENT OF
OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A PRISONER
OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN OHIO FOR THE
YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE APPLICATION FOR THE
SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST TEN YEARS. Such
THE scholarships shall be in addition to the total number of scholarships provided under section 5910.05 of the Revised Code. Notwithstanding section 5910.03 of the Revised Code, scholarships provided under this section shall be made to any such child who, at the time of application, has attained the sixteenth, but not the twenty-first, birthday. The termination of a child's parent or guardian's status as a prisoner of war or being missing in action does not affect such child's eligibility for the benefit provided by this section.
(B) Scholarships provided under this section shall consist of either of the following:
(1) A scholarship of the type described in division (A) of section 5910.04 of the Revised Code together with reasonable and necessary expenses for room, board, books, and laboratory fees. The additional amount for such expenses shall be paid from moneys appropriated by the general assembly for such purpose.
(2) A scholarship of the type described in division (B) of section 5910.04 of the Revised Code together with an additional grant equal to the average value of the reasonable and necessary expenses granted under division (B)(1) of this section during the preceding year for room, board, books, and laboratory fees. The additional grant shall be paid from moneys appropriated by the general assembly for such purpose, and shall be paid to the child through the institution in which the child is enrolled. In no case shall the additional grant exceed the amount actually expended by the child for room, board, books, and laboratory fees.
FND | ALI | ALI TITLE | FY 2000 | FY 2001 |
General Revenue Fund
GRF | 200-100 | Personal Services | $ | 11,940,600 | $ | 12,265,000 |
GRF | 200-320 | Maintenance and Equipment | $ | 9,293,979 | $ | 8,943,979 |
GRF | 200-406 | Head Start | $ | 97,992,016 | $ | 101,843,825 |
GRF | 200-408 | Public Preschool | $ | 18,316,606 | $ | 18,756,205 |
GRF | 200-410 | Professional Development | $ | 27,528,834 | $ | 28,403,834 |
GRF | 200-411 | Family and Children First | $ | 10,642,188 | $ | 10,642,188 |
GRF | 200-416 | Vocational Education Match | $ | 2,325,916 | $ | 2,381,738 |
GRF | 200-420 | Technical Systems Development | $ | 3,450,000 | $ | 2,350,000 |
GRF | 200-422 | School Management Assistance | $ | 1,387,186 | $ | 1,440,836 |
GRF | 200-424 | Policy Analysis | $ | 505,354 | $ | 637,655 |
GRF | 200-426 | Ohio Educational Computer Network | $ | 25,089,772 | $ | 37,004,086 |
GRF | 200-431 | School Improvement Models | $ | 25,100,000 | $ | 24,975,000 |
GRF | 200-432 | School Conflict Management | $ | 411,645 | $ | 421,524 |
GRF | 200-437 | Student Proficiency | $ | 16,097,983 | $ | 15,692,045 |
GRF | 200-441 | American Sign Language | $ | 231,449 | $ | 237,003 |
GRF | 200-442 | Child Care Licensing | $ | 1,477,003 | $ | 1,518,359 |
GRF | 200-445 | OhioReads Admin/Volunteer Support | $ | 5,000,000 | $ | 5,000,000 |
GRF | 200-446 | Education Management Information System | $ | 13,799,674 | $ | 12,649,674 |
GRF | 200-447 | GED Testing/Adult High School | $ | 2,033,187 | $ | 2,081,983 |
GRF | 200-455 | Community Schools | $ | 3,500,000 | $ | 3,500,000 |
GRF | 200-500 | School Finance Equity | $ | 36,845,562 | $ | 23,941,627 |
GRF | 200-501 | Base Cost Funding | $ | 3,286,233,067 | $ | 3,560,563,368 |
GRF | 200-502 | Pupil Transportation | $ | 264,505,200 | $ | 290,450,245 |
GRF | 200-503 | Bus Purchase Allowance | $ | 38,132,291 | $ | 39,047,466 |
GRF | 200-505 | School Lunch Match | $ | 9,450,000 | $ | 9,450,000 |
GRF | 200-509 | Adult Literacy Education | $ | 9,361,964 | $ | 9,586,651 |
GRF | 200-511 | Auxiliary Services | $ | 110,255,190 | $ | 118,083,309 |
GRF | 200-514 | Post-Secondary/Adult Vocational Education | $ | 21,171,866 | $ | 21,679,991 |
GRF | 200-520 | Disadvantaged Pupil Impact Aid | $ | 391,208,953 | $ | 391,208,954 |
GRF | 200-521 | Gifted Pupil Program | $ | 38,169,302 | $ | 39,229,245 |
GRF | 200-524 | Educational Excellence and Competency | $ | 9,000,000 | $ | 9,000,000 |
GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 48,062,292 | $ | 51,474,714 |
GRF | 200-533 | School-Age Child Care | $ | 1,070,720 | $ | 1,096,417 |
GRF | 200-534 | Desegregation Costs | $ | 12,000,000 | $ | 11,700,000 |
GRF | 200-540 | Special Education Enhancements | $ | 126,283,848 | $ | 137,684,164 |
GRF | 200-545 | Vocational Education Enhancements | $ | 223,253,842 | $ | 233,292,398 |
GRF | 200-546 | Charge-Off Supplement | $ | 10,000,000 | $ | 20,000,000 |
GRF | 200-547 | Power Equalization | $ | 21,900,000 | $ | 34,700,000 |
GRF | 200-551 | Reading Improvement | $ | 1,704,454 | $ | 1,745,361 |
GRF | 200-552 | County MR/DD Boards Vehicle Purchases | $ | 1,627,152 | $ | 1,666,204 |
GRF | 200-553 | County MR/DD Boards Transportation Operating | $ | 8,006,400 | $ | 9,895,910 |
GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 6,940,447 | $ | 5,470,150 |
GRF | 200-566 | OhioReads Grants | $ | 25,000,000 | $ | 25,000,000 |
GRF | 200-570 | School Improvement Incentive Grants | $ | 10,000,000 | $ | 10,000,000 |
GRF | 200-572 | Teacher Incentive Grants | $ | 5,000,000 | $ | 0 |
GRF | 200-573 | Character Education | $ | 1,000,000 | $ | 1,000,000 |
GRF | 200-574 | Substance Abuse Prevention | $ | 2,300,000 | $ | 2,420,000 |
GRF | 200-575 | 12th Grade Proficiency Stipend | $ | 17,500,000 | $ | 17,500,000 |
GRF | 200-901 | Property Tax Allocation - Education | $ | 636,200,000 | $ | 673,960,000 |
GRF | 200-906 | Tangible Tax Exemption - Education | $ | 69,000,000 | $ | 71,000,000 |
TOTAL GRF General Revenue Fund | $ | 5,717,305,942 | $ | 6,112,591,108 |
General Services Fund Group
138 | 200-606 | Computer Services | $ | 4,255,067 | $ | 4,374,209 |
4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 293,321 | $ | 301,534 |
4L2 | 200-681 | Teacher Certification and Licensure | $ | 3,774,544 | $ | 3,880,232 |
452 | 200-638 | Miscellaneous Revenue | $ | 295,000 | $ | 295,000 |
5H3 | 200-687 | School District Solvency Assistance | $ | 30,000,000 | $ | 30,000,000 |
596 | 200-656 | Ohio Career Information System | $ | 699,399 | $ | 718,084 |
TOTAL GSF General Services | ||||||
Fund Group | $ | 39,317,331 | $ | 39,569,059 |
Federal Special Revenue Fund Group
309 | 200-601 | Educationally Disadvantaged | $ | 8,560,567 | $ | 8,988,595 |
366 | 200-604 | Adult Basic Education | $ | 14,901,137 | $ | 14,901,137 |
3H9 | 200-605 | Head Start Collaboration Project | $ | 250,000 | $ | 250,000 |
367 | 200-607 | School Food Services | $ | 9,492,000 | $ | 9,783,000 |
3T4 | 200-613 | Public Charter Schools | $ | 3,157,895 | $ | 4,725,000 |
368 | 200-614 | Veterans' Training | $ | 609,517 | $ | 626,584 |
369 | 200-616 | Vocational Education | $ | 7,500,000 | $ | 8,000,000 |
3L6 | 200-617 | Federal School Lunch | $ | 163,500,000 | $ | 170,500,000 |
3L7 | 200-618 | Federal School Breakfast | $ | 40,500,000 | $ | 44,500,000 |
3L8 | 200-619 | Child and Adult Care Programs | $ | 58,600,000 | $ | 58,600,000 |
3L9 | 200-621 | Vocational Education Basic Grant | $ | 55,583,418 | $ | 57,139,754 |
3M0 | 200-623 | ESEA Chapter One | $ | 375,633,666 | $ | 394,415,350 |
370 | 200-624 | Education of All Handicapped Children | $ | 274,949 | $ | 0 |
3T5 | 200-625 | Coordinated School Health | $ | 536,437 | $ | 536,437 |
3N7 | 200-627 | School-to-Work | $ | 13,864,500 | $ | 14,252,706 |
371 | 200-631 | EEO Title IV | $ | 488,052 | $ | 508,917 |
374 | 200-647 | E.S.E.A. Consolidated Grants | $ | 107,096 | $ | 110,094 |
376 | 200-653 | J.T.P.A. | $ | 5,123,365 | $ | 5,266,819 |
3R3 | 200-654 | Goals 2000 | $ | 19,453,001 | $ | 20,425,651 |
378 | 200-660 | Math/Science Technology Investments | $ | 11,686,926 | $ | 12,271,272 |
3C5 | 200-661 | Federal Dependent Care Programs | $ | 17,996,709 | $ | 17,996,709 |
3D1 | 200-664 | Drug Free Schools | $ | 20,026,500 | $ | 20,587,242 |
3D2 | 200-667 | Honors Scholarship Program | $ | 1,976,400 | $ | 2,371,680 |
3E2 | 200-668 | AIDS Education Project | $ | 620,774 | $ | 620,774 |
3S7 | 200-673 | Child Care School Age | $ | 5,135,000 | $ | 5,278,000 |
3M1 | 200-678 | ESEA Chapter Two | $ | 61,901,429 | $ | 16,591,501 |
3M2 | 200-680 | Ind W/Disab Education Act | $ | 143,000,000 | $ | 162,000,000 |
3P9 | 200-686 | SRRC/FRC Evaluation Project | $ | 51,350 | $ | 52,788 |
TOTAL FED Federal Special | ||||||
Revenue Fund Group | $ | 1,040,530,688 | $ | 1,051,300,010 |
State Special Revenue Fund Group
4M4 | 200-637 | Emergency Service Telecommunication Training | $ | 762,548 | $ | 783,899 |
4R7 | 200-695 | Indirect Cost Recovery | $ | 2,868,561 | $ | 2,948,881 |
4V7 | 200-633 | Interagency Vocational Support | $ | 645,359 | $ | 663,429 |
454 | 200-610 | Guidance and Testing | $ | 503,912 | $ | 516,484 |
455 | 200-608 | Commodity Foods | $ | 8,000,000 | $ | 8,000,000 |
598 | 200-659 | Auxiliary Services Mobile Units | $ | 1,292,714 | $ | 1,328,910 |
620 | 200-615 | Educational Grants | $ | 1,500,000 | $ | 1,500,000 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 15,573,094 | $ | 15,741,603 |
Lottery Profits Education Fund Group
017 | 200-612 | Base Cost Funding | $ | 656,247,000 | $ | 660,467,000 |
017 | 200-682 | Lease Rental Payment Reimbursement | $ | 29,753,000 | $ | 29,733,000 |
TOTAL LPE Lottery Profits | ||||||
Education Fund Group | $ | 686,000,000 | $ | 690,200,000 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 7,498,727,055 | $ | 7,909,401,780 |
Of the foregoing appropriation item 200-100, Personal Services, $120,000 in each fiscal year shall be used to support the salary and fringe benefits of a teacher in residence and support staff at the Governor's Office.
Maintenance and Equipment
Of the foregoing appropriation item 200-320, Maintenance and Equipment, up to $25,000 may be expended in each year of the biennium for State Board of Education out-of-state travel.
Of the foregoing appropriation item 200-320, Maintenance and Equipment, $4,000,000 in each fiscal year shall be reserved to fund expenses associated with the Department of Education's move from the Ohio Departments Building.
Of the foregoing appropriation item 200-320, Maintenance and Equipment, $30,000 in each fiscal year shall be used to fund the travel expenses and administrative overhead of the Teacher in Residence and support staff at the Governor's Office.
The foregoing appropriation item 200-406, Head Start, shall be distributed by the Department of Education to Head Start agencies. A "Head Start agency" means an entity that has been approved to be an agency in accordance with Section 641 [42 U.S.C. 9836] of the Head Start Act and amendments thereto, or an entity designated for state Head Start funding under this section. Participation in state funded Head Start programs is voluntary.
Moneys distributed under this heading shall not be used to reduce expenditures from funds received by a Head Start agency from any other sources. Section 3301.31 of the Revised Code does not apply to funds distributed under this heading. In lieu of section 3301.31 of the Revised Code, distribution of moneys under this heading shall be as follows:
(A) In fiscal years 2000 and 2001, up to two per cent of the total appropriation may be used by the Department for administrative costs of complying with this section; developing program capacity; and assisting programs with facilities planning, construction, renovation, or lease agreements in combination with the Community Development Finance Fund (CDFF). Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal year 2001 may be used for training in early literacy for Head Start classroom teachers and administrators to support the OhioReads Initiative.
(B) The department shall provide an annual report to the Governor, the Speaker of the House of Representatives, the President of the Senate, the State Board of Education, Head Start grantees, and other interested parties. The report shall include the following:
(1) The number and per cent of eligible children by county and by grantee;
(2) The amount of state funds requested for continuation per grantee;
(3) The amount of state funds received for continuation per grantee;
(4) A summary of program performance on the state critical performance indicators;
(5) A summary of developmental progress of children participating in the state funded Head Start program;
(6) Any other data reflecting the performance of Head Start that the department considers pertinent.
(C) For purposes of this section, "eligible child" means a child who is at least three years of age and not of compulsory school age whose family earns no more than 100 per cent of the federal poverty level.
The Department of Education, in consultation with the Department of Human Services, interested parties, and Head Start agencies shall formulate a method for determining an estimate of the number of eligible children and the per cent served by grantee(s) in each county.
(D) After setting aside amounts to make any payments due from the prior fiscal year, in fiscal years 2000 and 2001, funds shall first be distributed to recipients of Head Start funds during the preceding fiscal year. Awards under this division may be reduced by the amount received in that year for one-time start-up costs and may be adjusted for actual months of program operation or enrollment as reported during the first full week of December, and may be increased by a reasonable percentage for inflation to be determined by the Department of Education and in accordance with this section. The Department may redistribute dollars to programs demonstrating an unmet need based on updated assessments of family needs and community resources, with special attention to the projected impact of welfare reform. In fiscal years 2000 and 2001, the department may authorize recipients to carry over funds to the subsequent fiscal year.
The Department may reallocate unobligated or unspent money to participating Head Start agencies for purposes of program expansion, improvement, or special projects to promote excellence and innovation.
(E) Costs for developing and administering a Head Start program may not exceed fifteen per cent of the total approved costs of the program.
All recipients of funds shall maintain such fiscal control and accounting procedures as may be necessary to ensure the disbursement of, and accounting for, these funds. The control of funds provided in this program, and title to property obtained therefrom, shall be under the authority of the approved recipient for purposes provided in the program. The approved recipient shall administer and use such property and funds for the purposes specified.
Each recipient shall furnish the department an annual audit that includes the review of state funds received under this section.
(F) The department shall prescribe target levels for critical performance indicators for the purpose of assessing Head Start programs. On-site reviews and follow-up visits shall be based on grantee progress in meeting the prescribed target levels.
The department may audit a Head Start agency's financial and program records. Head Start agencies that have financial practices not in accordance with standard accounting principles, that fail to substantially meet the Head Start performance standards, or that exhibit below-average performance shall be subject to an on-site review.
The department shall require corrective plans of action for programs not achieving target levels or financial and program standards. Action plans shall include activities to be conducted by the grantee and timelines for activities to be completed and timelines for additional data submission to the department demonstrating targets have been met. The Policy Council chairperson and the appropriate grantee board official shall sign the corrective plans of action.
Programs not meeting performance targets in accordance with the plan of action and prescribed timelines may have their continuation funding reduced, be disqualified for expansion consideration until targets are met, or have all state funds withdrawn and a new grantee established.
The department shall require school districts to collect "preschool" information by program type. All data shall be reported via the Education Management Information System (EMIS).
(G) The Department shall require Head Start grantees to document child progress, using a common instrument prescribed by the department, and report results annually. The department shall determine the dates for documenting and reporting.
The State Board of Education shall adopt rules addressing the use of screening and assessment data, including, but not limited to, all the following:
(1) Protection of the identity of individual children through assignment of a unique but not personally identifiable code;
(2) Parents' rights;
(3) Use of the data by school personnel as it relates to kindergarten entrance.
(H) New agencies may be designated for state Head Start funding if a Head Start agency voluntarily waives its right for funding or is de-funded based on performance.
When such a condition exists, the department shall conduct a competitive bidding process to select a new agency to provide state funded continuation and/or expansion services. The bidding process shall include notices of competitive bidding mailed to delegate agencies in the affected area and to newspapers in the Head Start service area.
Section 3313.646 of the Revised Code does not apply to funds distributed under this section.
(I) It is the intent of the General Assembly that appropriations for appropriation items 200-406, Head Start, and 200-408, Public Preschool, be available for transfer between Head Start and public preschool programs so that unallocated funds may be used between the two programs.
The Department of Education shall distribute the foregoing appropriation item 200-408, Public Preschool, to pay the costs of comprehensive preschool programs. As used in this section, "school district" means a city, local, exempted village, or joint vocational school district, or an educational service center.
(A) In fiscal years 2000 and 2001, up to two per cent of the total appropriation may be used by the department for administrative costs of complying with this section; developing program capacity; and assisting programs with facilities planning, construction, renovation, or lease agreements in conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the Governor, the Speaker of the House of Representatives, the President of the Senate, the State Board of Education, Head Start grantees, and other interested parties. The report shall include:
(1) The number and per cent of eligible children by county and by school district;
(2) The amount of state funds requested for continuation per school district;
(3) The amount of state funds received for continuation per school district;
(4) A summary of program performance on the state critical performance indicators in the public preschool program;
(5) A summary of developmental progress of children participating in the state funded public preschool program;
(6) Any other data reflecting the performance of public preschool programs that the department considers pertinent.
(C) For purposes of this section "eligible child" means a child who is at least three years of age whose family earns no more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the Department of Human Services, interested parties, and Head Start agencies shall formulate a method for determining an estimate of the number of eligible children and the percentage served by grantees in each county.
(D) After setting aside amounts to make any payments due from the prior fiscal year, in fiscal years 2000 and 2001, funds shall first be distributed to recipients of funds during the preceding fiscal year. Awards under this division may be reduced by the amount received in that fiscal year for one-time start-up costs and may be adjusted for actual months of program operation or enrollment as reported during the first full week of December, and may be increased by a reasonable percentage to be determined by the Department of Education. The department may redistribute dollars to programs demonstrating an unmet need based on updated assessments of family needs and community resources, with special attention to the projected impact of welfare reform. In fiscal years 2000 and 2001, the department may authorize recipients to carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money to participating school districts for purposes of program expansion, improvement, or special projects to promote excellence and innovation.
(E) Costs for developing and administering a preschool program may not exceed fifteen per cent of the total approved costs of the program.
All recipients of funds shall maintain such fiscal control and accounting procedures as may be necessary to ensure the disbursement of, and accounting for, these funds. The control of funds provided in this program, and title to property obtained therefrom, shall be under the authority of the approved recipient for purposes provided in the program. The approved recipient shall administer and use such property and funds for the purposes specified.
(F) The department shall prescribe target levels for critical performance indicators for the purpose of assessing public preschool programs. On-site reviews and follow-up visits shall be based on progress in meeting the prescribed target levels.
The department may audit a school district's preschool financial and program records. School districts that have financial practices not in accordance with standard accounting principles, that operate preschool programs that fail to substantially meet the Head Start performance standards, or that exhibit below-average performance shall be subject to an on-site review.
The department shall require corrective plans of action for programs not achieving target levels or financial and program standards. Action plans shall include activities to be conducted by the grantee and timelines for activities to be completed and timelines for additional data submission to the department demonstrating that targets have been met. The appropriate school board official shall sign the corrective plans of action.
Public preschool programs not meeting performance targets in accordance with the plan of action and prescribed timelines may have their continuation funding reduced, be disqualified for expansion consideration until targets are met, or have all state funds withdrawn and a new program established.
(G) The department shall require public preschool programs to document child progress, using a common instrument prescribed by the department, and report results annually. The department shall determine the dates for documenting and reporting.
The State Board of Education shall adopt rules addressing the use of screening and assessment data, including, but not limited to, all of the following:
(1) Protection of the identity of individual children through assignment of a unique but not personally identifiable code;
(2) Parents' rights;
(3) Use of the data by school personnel as it relates to kindergarten entrance.
(H) Each school district shall develop a sliding fee scale based on the family incomes in the district and shall charge families who earn more than the federal poverty level for preschool.
(I) It is the intent of the General Assembly that appropriations for line item 200-406, Head Start, and 200-408, Public Preschool, be available for transfer between Head Start and Public Preschool programs so that unallocated funds may be used between the two programs.
Of the foregoing appropriation item 200-410, Professional
Development, $5,997,829 in each fiscal year shall be used by the Department of
Education to develop
a statewide comprehensive system of twelve professional development centers
that support
local educators' ability to foster academic achievement in the students they
serve. The centers shall
include training teachers on site-based management
concepts to encourage teachers to become involved in the management of their
schools.
Of the foregoing appropriation item 200-410, Professional Development, $1,321,292 in each fiscal year shall be used by the Department of Education to establish programs targeted at recruiting under-represented populations into the teaching profession. In each year, the appropriation item shall be used by the department to include, but not be limited to, alternative teacher licensure or certification programs emphasizing the recruitment of highly qualified minority candidates into teaching, including emphasizing the recruitment of highly qualified minority candidates into teaching positions in schools which have a high percentage of minority students. The recruitment programs shall also target recruiting qualified candidates available as a result of downsizing of the military and business sectors. Funding shall also be targeted to statewide, regional, and local programs that are competitively selected as promising programs demonstrating the potential of significantly increasing Ohio's minority teaching force.
Of the foregoing appropriation item 200-410, Professional Development, $9,659,713 in each fiscal year shall be distributed on a per teacher basis to all school districts, joint vocational school districts, and chartered nonpublic schools for locally developed teacher training and professional development and for the establishment of local professional development committees. School districts and joint vocational school districts shall not be precluded from using these funds for cooperative activities on a county or regional basis. School districts with pass rates of less than 75 per cent on the fourth grade reading proficiency test shall allocate no less than 40 per cent of these funds for professional development for teachers in elementary literacy skills.
Of the foregoing appropriation item 200-410, Professional Development, $1,925,000 in fiscal year 2000 and $2,300,000 in fiscal year 2001 shall be used by the Department of Education to pay the application fee for teachers from public and chartered nonpublic schools applying to the National Board for Professional Teaching Standards for professional teaching certificates or licenses that the board offers, and to provide grants in each fiscal year to recognize and reward teachers who become certified by the board pursuant to section 3319.55 of the Revised Code.
In each fiscal year, the appropriation item shall be used to pay for the first 400 applications received by the department. Each prospective applicant for certification or licensure shall submit an application to the Department of Education. When the department has collected a group of applications, but no later than 30 days after receipt of the first application in a group, it shall send the applications to the National Board for Professional Teaching Standards along with a check to cover the cost of the application fee for all applicants in that group.
Of the foregoing appropriation item 200-410, Professional Development, up to $300,000 shall be used each fiscal year by the Department of Education to support the connection of teacher applicants to university programs that enhance applicant learning and professional development during the National Board Certification process.
Of the foregoing appropriation item 200-410, Professional Development, up to $1,875,000 in each fiscal year shall be allocated for entry year programs. Each fiscal year, up to $1,250,000 shall be used for mentors and assessor training, and up to $1,475,000 for peer review. The Department of Education shall select eligible beginning teachers to participate in a year-long entry year program that provides guidance and coaching by experienced school district and university faculty and regular teacher performance assessment. The program is designed to assess each beginning teacher with the Education Testing Service's Praxis III examination. These funds shall be used to support the supervisory, teaching, and assessment services associated with the pilot residency program in urban, suburban, and rural sites.
Of the foregoing appropriation item 200-410, Professional Development, up to $1,250,000 in fiscal year 2000 and $1,750,000 in fiscal year 2001 shall be used for teacher institution report cards. Each teacher preparation institution approved for teacher training shall receive a grant up to $25,000 to develop and implement the report cards. In fiscal year 2001, up to $500,000 shall be used to develop reporting mechanisms for the teacher institution report cards.
Of the foregoing appropriation item 200-410, Professional Development, up to $650,000 in each fiscal year shall be used to continue Ohio leadership academies to develop and train superintendents, principals, other administrators, and school board members in new leadership and management practices to support high performance schools. This training shall be coordinated with other locally administered leadership programs.
Of the foregoing appropriation item 200-410, Professional Development, up to $850,000 in each fiscal year shall be used to support a two-year Principal's Leadership Academy that will serve principals and their staff teams. An advisory panel comprised of national business and education experts shall advise the Ohio Department of Education on content and delivery of curriculum and instruction.
Of the foregoing appropriation item 200-410, Professional Development, up to $975,000 in each fiscal year shall be used to establish an entry year program for principals. Grants shall be issued to pilot sites that shall develop prototypes of the program in a variety of contexts. These sites shall also pilot the School Leaders Licensure Assessment, which was developed by the Educational Testing Service at a cost of $450 per assessment.
Sec. 4.05. Family and Children First
(A) Of the foregoing appropriation item 200-411, Family and Children First, the Department of Education shall transfer up to $3,677,188 in each fiscal year by intrastate transfer voucher to the Department of Mental Retardation and Developmental Disabilities. These funds shall be spent on direct grants to county family and children first councils created under section 121.37 of the Revised Code. The funds shall be used as partial support payment and reimbursement for the maintenance and treatment costs of multi-need children that come to the attention of the Family and Children First Cabinet Council pursuant to section 121.37 of the Revised Code. The Department of Mental Retardation and Developmental Disabilities shall administer the distribution of the direct grants to the county councils. The Department of Mental Retardation and Developmental Disabilities may use up to five per cent of this amount for administrative expenses associated with the distribution of funds to the county councils.
(B) Of the funds appropriated in this item, up to $1,775,000 in each fiscal year shall be used as administrative grants to county family and children first councils to provide a portion of the salary and fringe benefits necessary to fund county council coordinators, administrative support, training, or parental involvement. The total initial grant under this provision to any county family and children first council shall not exceed $20,000. In the event that not all counties in the state have established a county council, at the beginning of the fourth quarter of a fiscal year, any remaining funds to be used as administrative grants may be redirected by the Family and Children First Cabinet Council to other priorities and activities. Of the funds appropriated in this item, up to $15,000 shall be used by the Family and Children First Cabinet Council for administrative costs, including stipends to family representatives participating in approved activities of the initiative, educational and informational forums, and technical assistance to local family and children first councils.
(C) Of the foregoing appropriation item 200-411, Family and Children First, up to $5,190,000 in each fiscal year shall be used to fund school-based or school-linked school readiness resource centers in school districts where there is a concentration of risk factors to school readiness and success, including indicators of poverty, health, and family stability. The purpose of these centers is to assist in providing services to families of school-age children who want and need support.
School readiness resource centers shall be located in each of the state's 21 urban school districts as defined in division (O) of section 3317.02 of the Revised Code, as that section existed prior to July 1, 1998. The Ohio Family and Children First Cabinet Council, in consultation with the Department of Education and school districts, shall identify individual schools based on quantitative and qualitative factors that reflect both the need for school readiness resource centers and the local capacity for redesigning, as necessary, a delivery system of family support services. The council and the Department of Education shall organize and provide technical assistance to the school districts and communities in planning, developing, and implementing the centers. The council shall also negotiate a performance agreement that details required program characteristics, service options, and expected results.
Each urban school district and community may receive up to $240,000 to maintain three school readiness resource centers that are located in or linked to elementary, middle, and high school sites that are connected by student assignment patterns within the school districts. Each school district shall work with a representative of the local family and children first council and a representative cross-section of families and community leaders in the district to operate the school readiness resource centers based upon conditions agreed to in the performance agreement negotiated with the state council.
Up to $50,000 in each fiscal year may be used by the Ohio Family and Children First Cabinet Council for an evaluation of the effectiveness of the school readiness resource centers. Up to $100,000 in each fiscal year may be used by the cabinet council to approve technical assistance and oversee the implementation of the centers. The administration and management of the school readiness resource centers may be contracted out through a competitive bidding process established by the cabinet council in consultation with the Department of Education.
The foregoing appropriation item 200-416, Vocational Education Match, shall be used by the Department of Education to provide vocational administration matching funds pursuant to 20 U.S.C. 2311.
Technical Systems Development
The foregoing appropriation item 200-420, Technical Systems Development, shall be used to support several information system development projects that are designed to improve the performance and customer service of the Ohio Department of Education. Implementation of these systems shall allow the department to provide greater levels of assistance and more timely information to school districts, administrators, and legislators.
Up to $2,500,000 in fiscal year 2000 shall be used for development and testing of the school administration software of EMIS. Up to $250,000 in fiscal year 2000 shall be used for the construction plans of the EMIS redesign.
In fiscal year 2000, up to $300,000 may be used for the Department's maintenance contract for database management software; up to $100,000 shall be used for Phase I of the Department's data warehouse software purchase and maintenance fees; and up to $300,000 shall be used for Phase II of the data warehouse project.
In fiscal year 2001, up to $1,800,000 shall be used for EMIS conversion, including district support and technical assistance; up to $350,000 may be used for the Department's annual maintenance contract for database management software; and up to $200,000 shall be used to support the data warehouse project.
School Management Assistance
The foregoing appropriation item 200-422, School Management Assistance, shall be used by the Department of Education to provide fiscal technical assistance and inservice education for school district management personnel and to administer, monitor, and implement the fiscal watch and fiscal emergency provisions under Chapter 3316. of the Revised Code.
Policy Analysis
The foregoing appropriation item 200-424, Policy Analysis, shall be used by the Department of Education to develop software and other computer assistance to maintain and enhance a system of administrative, statistical, and legislative education information to be used for policy analysis. The data base shall be kept current at all times. Such a system will be used to supply information and analysis of data to the General Assembly and other state policy makers, including the Office of Budget and Management and the Legislative Budget Office of the Legislative Service Commission.
The Department of Education may use funding from this line item to purchase or contract for the development of software systems or contract for policy studies that will assist in the provision and analysis of policy-related information.
Ohio Education Computer Network
The foregoing appropriation item 200-426, Ohio Educational Computer Network, shall be used by the Department of Education to maintain a system of information technology throughout Ohio and to provide technical assistance for such a system in support of the State Education Technology Plan pursuant to section 3301.07 of the Revised Code.
This system shall support the development, maintenance, and operation of a network of uniform and compatible computer-based information and instructional systems. The technical assistance shall include, but not be restricted to, the development and maintenance of adequate computer software systems to support network activities. Program funds may be used, through a formula and guidelines devised by the department, to subsidize the activities of not more than twenty-four designated data acquisition sites, as defined by State Board of Education rules, to provide to school districts and chartered nonpublic schools computer-based student and teacher instructional and administrative information services, including approved computerized financial accounting, to assure the effective operation of local automated administrative and instructional systems.
In order to broaden the scope of the use of technology for education, the department may use up to $250,000 in each fiscal year to coordinate the activities of the computer network with other agencies funded by the department or the state. In order to improve the efficiency of network activities, the department and data acquisition sites may jointly purchase equipment, materials, and services from funds provided under this appropriation for use by the network and, when considered practical by the department, may utilize the services of appropriate state purchasing agencies.
Of the foregoing appropriation item 200-426, Ohio Educational Computer Network, up to $10,260,000 in fiscal year 2000 and $19,000,000 in fiscal year 2001 shall be used by the Department of Education to support connections of all public school buildings to the Ohio Education Computer Network. In each fiscal year the Department of Education shall use these funds to help reimburse data acquisition sites or school districts for the operational costs associated with using the Ohio Education Computer Network. The Department of Education shall develop a formula and guidelines for the distribution of these funds to the data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use up to $1,939,772 to continue to manage and develop the statewide union catalog and InfOhio Network of library resources that will be accessible to all school districts through the Ohio Education Computer Network up to $1,994,086 in fiscal year 2001 shall be used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to assist designated data acquisition sites with operational costs associated with the increased use of the Ohio Education Computer Network by chartered nonpublic schools. The Department of Education shall develop a formula and guidelines for distribution of these funds to designated data acquisition sites.
The foregoing appropriation item 200-431, School Improvement Models, shall be used by the Department of Education to continue to support the creation of a statewide network of school improvement sites by providing competitive venture capital grants to schools that demonstrate the capacity to invent or adapt school improvement models. The department shall showcase projects of exceptional merit and shall promote the networking of venture schools with both venture and nonventure schools so that administrators and teachers outside the district can benefit from the knowledge gained at these sites. Up to $8,850,000 in fiscal year 2000 shall be used to provide grants of $25,000 to 354 schools and up to $6,225,000 in fiscal year 2001 shall be used to provide grants of $25,000 to 249 schools.
Up to $250,000 in each fiscal year shall be used by the Department of Education for personal services and maintenance costs necessary to administer the grants.
The Superintendent of Public Instruction shall assess individual school district responses to the performance audits conducted by the Auditor of State as required by Am. Sub. H.B. 215 of the 122nd General Assembly. These assessments shall be compiled into a report to the Speaker of the House of Representatives, the President of the Senate, and the chairs and ranking minority members of the House and Senate committees on education and finance.
Of the foregoing appropriation item 200-431, School Improvement Models, $5,000,000 shall be used in each fiscal year for the development and distribution of school report cards pursuant to section 3302.03 of the Revised Code and the development of core competencies for the proficiency tests.
Of the foregoing appropriation item 200-431, School Improvement Models, $250,000 in each fiscal year shall be used for the development and operation of a Safe Schools Center. The Department of Education shall oversee the creation of a center that provides resources to school district personnel, parents, juvenile justice representatives, and law enforcement that identify effective strategies for improving school safety and reducing threats to the security of students and school personnel.
Of the foregoing appropriation item 200-431, School Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 in fiscal year 2001 shall be used to provide technical assistance for comprehensive school improvement.
Of the foregoing appropriation item 200-431, School Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 in fiscal year 2001 shall be used for professional development in literacy for classroom teachers, administrators, and literacy specialists to support the OhioReads initiative.
School Conflict Management
Of the foregoing appropriation item 200-432, School Conflict Management, amounts shall be used by the Department of Education for the purpose of providing dispute resolution and conflict management training, consultation, and materials for school districts, and for the purpose of providing competitive school conflict management grants to school districts.
The Department of Education shall assist the Commission on Dispute Resolution and Conflict Management in the development and dissemination of the school conflict management program.
Student Proficiency
The foregoing appropriation item 200-437, Student Proficiency, shall be used to develop, field test, print, distribute, score, and report results from the tests required under sections 3301.0710 and 3301.0711 of the Revised Code and for similar purposes as required by section 3301.27 of the Revised Code.
American Sign Language
Of the foregoing appropriation item 200-441, American Sign Language, up to $150,000 in each fiscal year shall be used to implement pilot projects for the integration of American Sign Language deaf language into the kindergarten through twelfth-grade curriculum.
The remainder of the appropriation shall be used by the Department of Education to provide supervision and consultation to school districts in dealing with parents of handicapped children who are deaf or hard of hearing, in integrating American Sign Language as a foreign language, and in obtaining interpreters and improving their skills.
Child Care Licensing
The foregoing appropriation item 200-442, Child Care Licensing, shall be used by the Department of Education to license and to inspect preschool and school-age child care programs in accordance with sections 3301.52 to 3301.59 of the Revised Code.
OhioReads Administration/Volunteer Support
The foregoing appropriation item 200-445, OhioReads Admin/Volunteer Support, may be allocated by the OhioReads Council for volunteer coordinators in public school buildings, to educational service centers for costs associated with volunteer coordination, for background checks for volunteers, to evaluate the OhioReads Program, and for operating expenses associated with administering the program.
The foregoing appropriation item 200-446, Education Management Information System, shall be used to provide school districts with the means to implement local automated information systems, to implement the common student information management software developed by the Department of Education, and to implement, develop, and improve the Education Management Information System (EMIS).
Up to $1,000,000 in each fiscal year shall be used by the Department of Education to assist designated data acquisition sites or school districts with deployment of the common student information management software, and for hardware, personnel, equipment, staff development, software, and forms modification, as well as to support EMIS special report activities in the department that are designed to use the data collected by the system.
Up to $2,714,234 in fiscal year 2000 and $2,782,090 in fiscal year 2001 shall be distributed to designated data acquisition sites for costs relating to the processing, storing, and transfer of data for the effective operation of the EMIS. These costs may include, but are not limited to, personnel, hardware, software development, communications connectivity, professional development and support services, and to provide services to participate in the State Education Technology Plan pursuant to section 3301.07 of the Revised Code.
Up to $6,023,718 in fiscal year 2000 and $6,174,310 in fiscal year 2001 shall be distributed to school districts and joint vocational school districts on a per-pupil basis. From this money, each school district with enrollment greater than 100 students and each vocational school district shall receive a minimum of $5,000 for each year of the biennium. Each school district with enrollment between one and one hundred and each county office of education shall receive $3,000 for each year of the biennium. This money shall be used for costs associated with the development and operation of local automated record based information systems that provide data as required by the education management information system, and facilitate local district, school, and classroom management activities.
GED Testing/Adult High School
The foregoing appropriation item 200-447, GED Testing/Adult High School, shall be used to provide General Educational Development (GED) testing at no cost to first time applicants, pursuant to rules adopted by the State Board of Education. Of the foregoing appropriation item 200-447, GED Testing/Adult High School, up to $250,000 in each fiscal year shall be used by the department to reimburse local shool districts for a portion of the costs incurred in providing summer instructional or intervention services to students who have not graduated due to their inability to pass one or more parts of the state's ninth grade proficiency test. School districts may provide these services to students directly or contract with post-secondary or nonprofit community-based institutions in providing instruction. The remainder of the appropriation shall be used for state reimbursement to school districts for adult high school continuing education programs pursuant to section 3313.531 of the Revised Code or for costs associated with awarding adult high school diplomas under section 3313.611 of the Revised Code.
Community Schools
Of the foregoing appropriation item 200-455, Community Schools, up to $100,000 in each fiscal year may be used by the Lucas County Educational Service Center to pay for additional services and responsibilities under Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly, subject to the reporting by the service center of actual expenses incurred to the Department of Education. In each fiscal year, up to $400,000 may be used by the Office of School Options in the Department of Education for additional services and responsibilities under section 3314.11 of the Revised Code.
The remaining appropriation may be used by the Department of Education and the Lucas County Educational Service Center to make grants of up to $50,000 to each proposing group with a preliminary agreement obtained under division (C)(2) of section 3314.02 of the Revised Code or division (B)(2) of Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly in order to defray planning and initial start-up costs. In the first year of operation of a community school, the Department of Education and the Lucas County Educational Service Center may make a grant of no more than $100,000 to the governing authority of the school to partially defray additional start-up costs. The amount of the grant shall be based on a thorough examination of the needs of the community school. The Department of Education and the Lucas County Educational Service Center shall not utilize moneys received under this section for any other purpose other than those specified under this section. The department shall allocate an amount to the Lucas County Educational Service Center for grants under this paragraph.
A community school awarded start-up grants from appropriation item 200-613, Public Charter Schools (Fund 3T4), shall not be eligible for grants under this section.
The foregoing appropriation item 200-500, School Finance Equity, shall be distributed to school districts based on the formula specified in section 3317.0213 of the Revised Code.
Of the foregoing appropriation item 200-501, Base Cost Funding, up to $6,000,000 in each year of the biennium shall be expended by the State Board of Education for the extended service allowance which shall be the teachers' salaries pursuant to the schedule contained in section 3317.13 of the Revised Code, plus fifteen per cent for retirement and sick leave; up to $425,000 shall be expended in each year of the biennium for court payments pursuant to section 2151.357 of the Revised Code; an amount shall be available each year of the biennium for the cost of the reappraisal guarantee pursuant to section 3317.04 of the Revised Code; an amount shall be available in each year of the biennium to make payments to school districts pursuant to division (A)(2) of section 3317.022 of the Revised Code; up to $15,000,000 in each year of the biennium shall be reserved for payments pursuant to sections 3317.026, 3317.027, and 3317.028 of the Revised Code except that the Controlling Board may increase the $15,000,000 amount if presented with such a request from the Department of Education. Of the foregoing appropriation item 200-501, Base Cost Funding, up to $14,000,000 shall be used in each fiscal year to provide additional state aid to school districts for students in category three special education ADM pursuant to division (C)(4) of section 3317.022 of the Revised Code; up to $2,000,000 in each year of the biennium shall be reserved for Youth Services tuition payments pursuant to section 3317.024 of the Revised Code; up to $50,000,000 in fiscal year 2000 and up to $52,000,000 in fiscal year 2001 shall be reserved to fund the state reimbursement of educational service centers pursuant to section 3317.11 of the Revised Code.
Of the foregoing appropriation item 200-501, Base Cost Funding, up to $1,000,000 in each fiscal year shall be used by the Department of Education for a pilot program to pay for educational services for youth who have been assigned by a juvenile court or other authorized agency to any of the facilities described in division (A) of the section titled "Private Treatment Facility Pilot Project."
The remaining portion of this appropriation item shall be expended for base cost funding for the public schools of city, local, and exempted village school districts.
Notwithstanding section 3301.17, division (I) of section 3317.024, and division (B)(3) of section 3317.19 of the Revised Code, the Department of Education shall not pay in fiscal years 2000 and 2001 the driver education subsidy to school districts and commercial driver training schools.
Of the foregoing appropriation item 200-502, Pupil Transportation, up to $755,000 may be used by the Department of Education each year for training prospective and experienced school bus drivers in accordance with training programs prescribed by the department; up to $38,175,000 in fiscal year 2000 and $50,490,000 in fiscal year 2001 shall be used for handicapped transportation; and the remainder shall be used for the state reimbursement of public school districts' costs in transporting pupils to and from the school to which they attend in accordance with the district's policy, State Board of Education standards, and the Revised Code.
Bus Purchase Allowance
The foregoing appropriation item 200-503, Bus Purchase Allowance, shall be distributed to school districts and educational service centers pursuant to rules adopted under section 3317.07 of the Revised Code. Up to 25 per cent of the amount appropriated may be used to reimburse school districts and educational service centers for the purchase of buses to transport handicapped and nonpublic school students.
School Lunch
The foregoing appropriation item 200-505, School Lunch Match, shall be used to provide matching funds to obtain federal funds for the school lunch program.
The foregoing appropriation item 200-509, Adult Literacy Education, shall be used to support adult basic and literacy education instructional programs, the State Literacy Resource Center Program, and the State Advisory Council on Adult Education and Literacy.
Of the foregoing appropriation item 200-509, Adult Literacy Education, up to $520,000 in fiscal year 2000 and $532,500 in fiscal year 2001 shall be used for the support and operation of the State Literacy Resource Center and the State Advisory Council on Adult Education and Literacy.
The remainder shall be used to continue to satisfy the state match and maintenance of effort requirements for the support and operation of the Ohio Department of Education administered instructional grant program for Adult Basic and Literacy Education in accordance with the department's state plan for Adult Basic and Literacy Education as approved by the State Board of Education and the Secretary of the United States Department of Education.
Auxiliary Services
The foregoing appropriation item 200-511, Auxiliary Services, shall be used by the State Board of Education for the purpose of implementing section 3317.06 of the Revised Code. Of the appropriation, up to $1,000,000 in each fiscal year of the biennium may be used for payment of the Post-Secondary Enrollment Options Program for nonpublic students pursuant to section 3365.10 of the Revised Code.
Post-Secondary/Adult Vocational Education
The foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, shall be used by the State Board of Education to provide post-secondary/adult vocational education pursuant to sections 3313.52 and 3313.53 of the Revised Code.
Of the foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, up to $500,000 in each fiscal year shall be allocated for the Ohio Career Information System (OCIS) and used for the dissemination of career information data to public schools, libraries, rehabilitation centers, two- and four-year colleges and universities, and other governmental units.
Of the foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, up to $30,000 in each fiscal year shall be used for the statewide coordination of the activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid
The foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, shall be distributed to school districts according to the provisions of section 3317.029 of the Revised Code. However, no money shall be distributed for all-day kindergarten to any school district whose three-year average formula ADM exceeds 17,500 but whose DPIA index is not at least equal to 1.00, unless the Department of Education certifies that sufficient funds exist in this appropriation to make all other payments required by section 3317.029 of the Revised Code.
The Department of Education shall pay all-day, everyday kindergarten funding to all school districts in fiscal year 2000 and fiscal year 2001 that qualified for and provided the service in a preceding fiscal year pursuant to section 3317.029 of the Revised Code, regardless of changes to such districts' DPIA indexes in fiscal year 2000 and fiscal year 2001.
The Department of Education shall pay to community schools an amount for all-day kindergarten if the school district in which the student is entitled to attend school is eligible but does not receive a payment for all-day kindergarten, pursuant to division (B) of section 3314.13 of the Revised Code, and the student is reported by the community school as enrolled in all-day kindergarten at the community school.
Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, up to $3,000,000 in each year of the biennium shall be used for school breakfast programs. Of the $3,000,000, up to $500,000 shall be used each year by the Department of Education to provide start-up grants to rural school districts and to school districts with less than 1,500 ADM that start school breakfast programs. The remainder of the $3,000,000 shall be used to: (1) partially reimburse school buildings within school districts that are required to have a school breakfast program pursuant to section 3313.813 of the Revised Code, at a rate decided upon by the department, for each breakfast served to any pupil enrolled in the district; (2) partially reimburse districts participating in the National School Lunch Program that have at least 20 per cent of students who are eligible for free and reduced meals according to federal standards, at a rate decided upon by the department; and (3) to partially reimburse districts participating in the National School Lunch Program for breakfast served to children eligible for free and reduced meals enrolled in the district, at a rate decided upon by the department.
Of the portion of the funds distributed to the Cleveland City School District under section 3317.029 of the Revised Code calculated under division (F)(2) of that section, up to $11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal year 2001 shall be used to operate the pilot school choice program in the Cleveland City School District pursuant to sections 3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in fiscal year 2001 shall be used to support dropout recovery programs administered by the Department of Education, Jobs for Ohio's Graduates program.
Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, up to $500,000 in each fiscal year shall be used by the Department of Education to encourage school districts to set high academic standards and provide a helping hand for students striving to meet them. A Summer Proficiency Academy shall be any school district's summer school program that is conducted for students who have been enrolled in the fourth and sixth grades, whether district-wide, in several school buildings or within a cluster of school buildings, that addresses the needs of students who did not pass at least three of the five parts of either the fourth-grade or sixth-grade proficiency test, that is of at least six weeks' duration, and that provides an innovative, enriching educational experience. The department shall use the funds indicated in this paragraph to make grants to those school districts that conduct such Summer Proficiency Academies and that have valuation per pupil less than 150 per cent of the statewide average valuation per pupil, to defray 75 per cent of the costs of conducting such academies. The amount of each grant shall not exceed $150,000 and each school district shall be eligible for up to four grants in each fiscal year. Grants shall be made to school districts based on the percentage of students failing three or more tests, with first priority given to districts with the highest failure rates. As used in this paragraph, "valuation per pupil" has the same meaning as in division (A)(4) of section 3317.0212 of the Revised Code as it existed prior to July 1, 1998.
There is hereby created the Alternative Education Advisory Council which shall consist of one representative from each of the following agencies: The Ohio Department of Education, the Department of Youth Services, the Office of the Governor or at the Governor's discretion the Office of the Lieutenant Governor, and the Office of the Attorney General. The Alternative Education Advisory Council shall cease to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, $10,000,000 in each fiscal year shall be used for matching grants to the 21 urban school districts as defined in division (O) of section 3317.02 of the Revised Code as it existed prior to July 1, 1998, and $10,000,000 in each fiscal year shall be used for matching grants to rural and suburban school districts for alternative educational programs for at-risk and delinquent youth in grades six through twelve. Programs shall be focused on youth in one or more of the following categories: those who have been expelled or suspended, those at risk of dropping out of school, those who are habitually truant or disruptive, or those on probation or on parole from a Department of Youth Service's facility. The Alternative Education Advisory Council shall develop criteria for the awarding of grants for alternative educational programs to school districts. The grants shall be administered by the Ohio Department of Education.
The foregoing appropriation item 200-521, Gifted Pupil Program, shall be used for gifted education programs pursuant to division (F) of section 3317.022 and division (E) of section 3317.16 of the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil Program, the Department of Education may expend up to $1,000,000 each year for the Summer Honors Institute for gifted freshmen and sophomore high school students. Up to $600,000 in each fiscal year shall be used for research and demonstration projects.
Of the foregoing appropriation item 200-524, Educational Excellence and Competency, up to $23,333 in fiscal year 2000 and $11,667 in fiscal year 2001 shall be reserved for the Ohio Science Olympiad and up to $23,333 in fiscal year 2000 and $11,667 in fiscal year 2001 shall be reserved for the International Science and Engineering Fair. Up to $166,667 in fiscal year 2000 and $83,333 in fiscal year 2001 shall be reserved for a Math and Science Initiative to enhance math and science education for elementary students in a county-wide collaborative.
The Department of Education shall distribute $150,000 in fiscal year 2000 and $100,000 in fiscal year 2001 to the Christopher Project. The department shall distribute $80,000 in fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional District/University Consortium to Validate At-Risk Programs for Rural School Districts. The Department shall distribute $75,000 in each fiscal year to the Cincinnati Artworks Project. In each fiscal year of the biennium, $100,000 shall be used for Ledgemont Education Excellency. In addition, the department shall distribute $275,000 in each fiscal year to the Summit County Technology Project.
In each fiscal year, $300,000 shall be used for a pilot project for the integration and implementation of distance learning, virtual reality, and computer technology to prepare students for careers in industry. Of this amount, $65,000 in each fiscal year shall be distributed to the Math, Science and Industrial Technology Institute at Kent State University-Trumbull Campus for purposes of this pilot project and $235,000 in each fiscal year shall be distributed to the Trumbull County Educational Service Center for the Industrial Technology Career Academy pilot project. In each fiscal year, $140,000 shall be used for the Crouse School Readiness Program.
Of the foregoing appropriation item 200-524, Educational Excellence and Competency, $850,000 in fiscal year 2000 and $850,000 in fiscal year 2001 shall be used to assist local school districts in the implementation of financial literacy programs as part of the school curriculum in kindergarten through grade six. The funds shall be used to purchase financial literacy instructional materials, including student books, hands-on material, and supporting teacher guides, which promote economic awareness by addressing fundamental life skills such as earning money, saving money, and spending money wisely. The financial literacy curriculum shall also introduce students to the concepts of economic interdependence, profit, loss, investment, and supply and demand. In fiscal year 2001, each school district shall be eligible for one $1,000 grant for each kindergarten through sixth grade level in each school building. A school building with five or more classes per grade level may receive up to $2,000 for that grade level.
The remainder of the appropriation shall be used by the Department of Education to fund programs each year as follows:
FY 2000 | FY 2001 | |
Earn and Learn | $ 686,667 | $ 343,333 |
Trumbull County "Make Learning | ||
Fun" | $ 50,000 | $ 25,000 |
LEAF | $ 43,333 | $ 21,667 |
Coventry | $ 16,667 | $ 8,333 |
Columbus Youth Corp | $ 33,333 | $ 16,667 |
Montgomery County Summer Math | ||
program | $ 143,333 | $ 71,667 |
Columbus City District's "I Know I | ||
Can" | $ 600,000 | $ 600,000 |
Dayton-Montgomery County Scholarship | ||
Program | $ 600,000 | $ 600,000 |
Cleveland Scholarship | $ 333,333 | $ 166,667 |
Cleveland Initiative for Education | $ 240,000 | $ 120,000 |
Cincinnati Scholarship Foundation | $ 600,000 | $ 600,000 |
Improved Solutions for Urban Systems | ||
(ISUS) | $ 100,000 | $ 100,000 |
Lorain County Access | $ 150,000 | $ 150,000 |
Amer-I-Can | $ 850,000 | $ 850,000 |
London Learns | $ 100,000 | $ 100,000 |
Project Succeed | $1,000,000 | $1,000,000 |
Toledo Tech Academy | $ 300,000 | $ 300,000 |
Toledo International Language | ||
Center | $ 133,333 | $ 66,667 |
Greater Toledo School-To-Work | ||
Consortium | $ 100,000 | $ 100,000 |
Muskingum Valley Services Center | $ 100,000 | $ 100,000 |
O.U. Leadership | $ 75,000 | $ 75,000 |
For the Cleveland Initiative in Education program, the grant shall support its mentoring and advocacy program.
Of the foregoing appropriation item 200-524, Educational Excellence and Competency, $83,000 in fiscal year 2000 and $83,000 in fiscal year 2001 shall be used for the Shaker Heights Educational Mobility program.
Of the foregoing appropriation item 200-524, Educational Excellence and Competency, up to $133,333 in fiscal year 2000 and $66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois Talented Tenth Teacher Training Academy. The program will provide a summer honors program to promising minority students identified by their school districts as potential future teachers.
Each program or entity that receives funds under the foregoing appropriation item 200-524, Educational Excellence and Competency, shall submit annually to the chairpersons of the education committees of the House of Representatives and the Senate and to the Department of Education a report that includes a description of the services supported by the funds, a description of the results achieved by those services, an analysis of the effectiveness of the program, and an opinion as to the program's applicability to other school districts. No funds shall be provided by the Department of Education to a district for a fiscal year until its report for the prior fiscal year has been submitted.
Nonpublic Administrative Cost Reimbursement
The foregoing appropriation item 200-532, Nonpublic Administrative Cost Reimbursement, shall be used by the State Board of Education for the purpose of implementing section 3317.063 of the Revised Code.
School-Age Child Care
Of the foregoing appropriation item 200-533, School-Age Child Care, up to $200,000 in each fiscal year shall be used for the "Training Ohio's Parents for Success" Program. Up to $500,000 in each fiscal year shall be used for the "Parents as Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age Child Care, up to $62,500 in each fiscal year shall be used by the Cincinnati YWCA for its Home Instruction Program for Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a program of child care conducted outside of regular school hours for school age children.
The remainder of the foregoing appropriation item 200-533, School-Age Child Care, shall be used by the Department of Education to provide grants to city, local, and exempted village school districts and educational service centers for school-age child care programs. In each fiscal year, the department shall make grants. All grants shall be awarded by the department on the basis of project proposals submitted by school district boards of education or educational service center governing boards. The board of education of each district or governing board of each educational service center that receives a grant shall keep a record of how the grant is used, and issue a report at the end of the school year for which the grant was made explaining the goals and objectives determined, the activities implemented, and the progress made toward achieving goals and objectives.
Desegregation Costs
The foregoing appropriation item 200-534, Desegregation Costs, shall be used to pay desegregation costs.
(A) Notwithstanding any section of law to the contrary, if in each fiscal year, due to federal court order, the Department of Education is obligated to pay for desegregation costs in any school district, the costs shall be paid from the foregoing appropriation item 200-534, Desegregation Costs.
Of the foregoing appropriation item 200-534, Desegregation Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated balances may be used to cover the legal fees associated with desegregation cases brought against the state.
By the first day of May of each year, the Department of Education shall determine if the appropriation exceeds the state's obligation for desegregation costs. Any appropriations in excess of the state's obligation shall be transferred to appropriation item 200-406, Head Start, by the Director of Budget and Management.
(B) As part of managing state desegregation costs, any board of education of a school district subject to a federal court desegregation order that requires the district board to bus students for the purpose of racial balance shall, within one year of the effective date of this section:
(1) Update its plan required under Am. Sub. H.B. 298 of the 119th General Assembly designed to satisfy the court so as to obtain release from the court's desegregation order; and
(2) Submit an updated copy of the plan to the State Board of Education.
Upon request of the district board, the State Board shall provide technical assistance to the school district board in developing a plan.
Within ninety days of the date on which the plan is submitted to the State Board of Education, the district board, or the district board and the State Board of Education jointly if both are parties to the desegregation case, shall submit the plan to the court and apply for release from the court's desegregation order.
Of the foregoing appropriation item 200-534, Desegregation Costs, Dayton City Schools shall receive at least $9,000,000 in each of fiscal year 2000 and fiscal year 2001.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $44,000,000 in fiscal year 2000 and up to $48,400,000 in fiscal year 2001 shall be used to fund special education and related services at MR/DD boards for eligible students under section 3317.20 of the Revised Code. Up to $2,500,000 of these amounts shall be used in each fiscal year to fund up to 57 special education classroom and related services units at institutions.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $3,081,000 in fiscal year 2000 and $3,167,268 in fiscal year 2001 shall be used for home instruction for handicapped children; up to $2,150,000 in fiscal year 2000 and up to $3,150,000 in fiscal year 2001 shall be used for parent mentoring programs; and up to $2,567,000 in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be used for school psychology interns.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $2,550,800 in fiscal year 2000 and $3,704,000 in fiscal year 2001 shall be used by the Department of Education to assist school districts in funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative Code.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $71,934,548 in fiscal year 2000 and $76,623,506 in fiscal year 2001 shall be distributed by the Department of Education to county boards of mental retardation and developmental disabilities, educational service centers, and school districts for preschool special education units and preschool supervisory units in accordance with section 3317.161 of the Revised Code. The department may reimburse county boards of mental retardation and developmental disabilities, educational service centers, and school districts for related services as defined in rule 3301-31-05 of the Ohio Administrative Code, for preschool occupational and physical therapy services provided by a physical therapy assistant and certified occupational therapy assistant, and for an instructional assistant. To the greatest extent possible, the Department of Education shall allocate these units to school districts and educational service centers. The Controlling Board may approve the transfer of unallocated funds from appropriation item 200-501, Base Cost Funding, to appropriation item 200-540, Special Education Enhancements, to fully fund existing units as necessary or to fully fund additional units. The Controlling Board may approve the transfer of unallocated funds from appropriation item 200-540, Special Education Enhancements, to appropriation item 200-501, Base Cost Funding, to fully fund existing units, as necessary, or to fully fund additional units.
The Department of Education shall require school districts, educational service centers, and county MR/DD boards serving preschool children with disabilities to document child progress using a common instrument prescribed by the department and report results annually. The reporting dates and methodology shall be determined by the department.
The department shall adopt rules addressing the use of screening and assessment data including, but not limited to:
(1) Protection of the identity of individual children through assignment of a unique, but not personally identifiable, code;
(2) Parents' rights; and
(3) Use of the child data by school personnel as it relates to kindergarten entrance.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $148,169,970 in fiscal year 2000 and up to $153,009,107 in fiscal year 2001 shall be used to fund a per pupil, equalized, weighted funding formula for vocational education provided at joint vocational school districts. Up to $7,500,000 in fiscal year 2000 and up to $7,800,000 in fiscal year 2001 shall be used to provide equalized weighted funding to special education students enrolled at joint vocational schools.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $2,500,000 in fiscal year 2000 and $2,616,000 in fiscal year 2001 shall be used to fund up to 51 vocational education units at institutions. Up to $9,975,000 in fiscal year 2000 and up to $10,972,500 in fiscal year 2001 shall be used to fund the Jobs for Ohio Graduates (JOG) program, up to $2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal year 2001 may be used to support tech prep consortia.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $4,270,030 in fiscal year 2000 and up to $4,483,531 in fiscal year 2001 shall be used by the Department of Education to fund competitive grants to tech prep consortia that expand the number of students enrolled in tech prep programs. Such grant funds shall be used to directly support expanded tech prep programs provided to students enrolled in school districts, including joint vocational school districts.
If federal funds for vocational education cannot be used for local school district leadership without being matched by state funds, then an amount as determined by the Superintendent of Public Instruction shall be made available from state funds appropriated for vocational education. If any state funds are used for this purpose, federal funds in an equal amount shall be distributed for vocational education in accordance with authorization of the state plan for vocational education for Ohio as approved by the Secretary of the United States Department of Education.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, $6,144,277 in fiscal year 2000 and $6,451,490 in fiscal year 2001 shall be used to enable students to develop career plans, to identify initial educational and career goals, and to develop a career passport which provides a clear understanding of the student's knowledge, skills, and credentials to present to future employers, universities, and other training institutes. The amount shall be allocated to school districts pursuant to guidelines developed by the Department of Education for programs described in section 3313.607 of the Revised Code for children in the kindergarten through twelfth grades. Funds so allocated shall be used for educational materials, services, career information, curriculum development, staff development, mentorships, career exploration, and career assessment instruments as needed to develop individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, $5,188,703 in fiscal year 2000 and $5,707,573 in fiscal year 2001 shall be used to provide an amount to each eligible school district for the replacement or updating of equipment essential for the instruction of students in job skills taught as part of a vocational program or programs approved for such instruction by the State Board of Education. School districts replacing or updating vocational education equipment may purchase or lease such equipment. The Department of Education shall review and approve all equipment requests and may allot appropriated funds to eligible school districts on the basis of the number of units of vocational education in all eligible districts making application for funds.
The State Board of Education may adopt standards of need for equipment allocation. Pursuant to the adoption of any such standards of need by the State Board of Education, appropriated funds may be allotted to eligible districts according to such standards. Equipment funds allotted under either process shall be provided to a school district on a 40, 50, or 60 per cent of cost on the basis of a district vocational priority index rating developed by the Department of Education for all districts each year. The vocational priority index shall give preference to districts with a large percentage of disadvantaged students and shall include other socio-economic factors as determined by the State Board of Education.
Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $37,190,613 in fiscal year 2000 and up to $39,821,184 in fiscal year 2001 shall be used for equalized weighted funding for the Vocational Education Programs in comprehensive high schools and which shall include the Graduation, Reality and Dual Role Skills (GRADS) program according to that program's rules.
The foregoing appropriation item 200-546, Charge-Off Supplement, shall be used by the Department of Education to make payments pursuant to section 3317.0216 of the Revised Code.
Power Equalization
The foregoing appropriation item 200-547, Power Equalization, shall be used by the Department of Education to make payments pursuant to section 3317.0215 of the Revised Code.
Reading Improvement
The foregoing appropriation item 200-551, Reading Improvement, shall be used by the Department of Education to fund the Reading Recovery Training Network, to cover the cost of release time for the teacher trainers, and to provide grants to districts to implement other reading improvement programs on a pilot basis. Funds for this appropriation item may also be used to conduct evaluations of the impact and effectiveness of Reading Recovery and other reading improvement programs.
In addition, the Department of Education shall report to the General Assembly and the Governor each fiscal year on the progress that has been made in implementing these programs, including an evaluation of the effectiveness of the programs.
Twenty per cent of the foregoing appropriation item 200-551,
Reading Improvement, shall be used for the continuation of a
phonics demonstration project as described in Sub. H.B. 81
of the 121st General Assembly. The
Department of Education may make a portion of the funds for the
demonstration project available to additional school districts
that want to participate in the program that did not receive
funding under the original project authorized in Sub.
H.B. 81 of the 121st General Assembly.
County MR/DD Boards-Vehicle Purchases
The foregoing appropriation item 200-552, County MR/DD Boards Vehicle Purchases, shall be used to provide financial assistance to MR/DD boards for the purchase of vehicles as permitted in section 3317.07 of the Revised Code.
The foregoing appropriation item 200-553, County MR/DD Boards Transportation Operating, shall be used to provide financial assistance for transportation operating costs as provided in section 3317.024 of the Revised Code.
Emergency Loan Interest Subsidy
The foregoing appropriation item 200-558, Emergency Loan Interest Subsidy, shall be used to provide a subsidy to school districts receiving emergency school loans pursuant to section 3313.484 of the Revised Code. The subsidy shall be used to pay these districts the difference between the amount of interest the district is paying on an emergency loan, and the interest that the district would have paid if the interest rate on the loan had been two per cent.
Of the foregoing appropriation item 200-566, OhioReads Grants, $20,000,000 each year shall be disbursed by the OhioReads Office in the Department of Education at the direction of the OhioReads Council, to provide classroom grants to public schools in city, local, and exempted village school districts; community schools; and educational service centers serving kindergarten through fourth grade students.
Of the foregoing appropriation item 200-566, OhioReads Grants, $5,000,000 each year shall be disbursed by the OhioReads Office in the Department of Education at the direction of the OhioReads Council, to provide community matching grants to community organizations and associations, libraries, and others for tutoring, tutor recruitment and training, and parental involvement.
Grants awarded by the OhioReads Council are intended to improve reading outcomes, especially on the fourth grade reading proficiency test.
School Improvement Incentive Grants
Of the foregoing appropriation item 200-570, School Improvement Incentive Grants, $2,000,000 in each fiscal year shall be used to provide grants of $25,000 per building for improvements in reading performance based on selection criteria developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School Improvement Incentive Grants, $6,500,000 in each fiscal year shall be used to provide grants of $25,000 each to elementary schools and $50,000 each to middle schools, junior high schools, and high schools that demonstrate significant improvement on proficiency tests, attendance rates, and graduation rates based on standards developed by the Department of Education.
Of the foregoing appropriation item 200-570, School Improvement Incentive Grants, $500,000 in each fiscal year shall be used to provide grants of $50,000 each to educational service centers and joint vocational school districts for exemplary programs or that demonstrate significant improvement on proficiency tests, attendance rates, and graduation rates based on standards developed by the Department of Education.
Of the foregoing appropriation item 200-570, School Improvement Incentive Grants, $1,000,000 in each fiscal year shall be used to provide grants of $25,000 each to schools selected for superior performance by BEST, Building Excellent Schools for Today and the 21st Century.
Teacher Incentive Grants
The foregoing appropriation item 200-572, Teacher Incentive Grants, shall be used by the Department of Education to pay one-time stipends to qualified teachers of reading, mathematics, and science. To be eligible, teacher applicants must hold a valid teaching certificate; be employed by a city, local, exempted village, or joint vocational school district; and be certified by the district as necessary to meet an existing need for teachers with a reading, mathematics, or science credential.
Individuals with an elementary school teaching certificate that successfully complete a program for a reading endorsement, and who successfully complete the examination prescribed by the State Board of Education, shall be paid a stipend of $1,000. Individuals with a high school teaching certificate that successfully complete a program required to add mathematics or science to that certificate, and who successfully complete the mathematics or science examination prescribed by the State Board of Education, shall be paid a stipend of $1,500. The variance in stipend amounts reflects the variance in requirements to secure the different credentials.
Character Education
The foregoing appropriation item 200-573, Character Education, shall be used by the Department of Education to provide matching grants of up to $50,000 each to school districts to develop pilot character education programs.
Substance Abuse Prevention
Of the foregoing appropriation item 200-574, Substance Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to $2,120,000 in fiscal year 2001 shall be used for the Substance Abuse Coordinators Program. Of the foregoing appropriation item 200-574, Substance Abuse Prevention, up to $300,000 in each fiscal year of the biennium shall be used for the Substance Abuse Prevention Student Assistance Program.
12th Grade Proficiency Stipend
The foregoing appropriation item 200-575, 12th Grade Proficiency Stipend, shall be used to fund a $500 scholarship to each student who meets the requirements of section 3365.15 of the Revised Code.
Within thirty days of the effective date of this section, the Director of Budget and Management shall transfer the appropriation for this program to the Ohio Board of Regents for its administration.
Auxiliary Services Mobile Repair
Notwithstanding section 3317.064 of the Revised Code, if the unobligated cash balance is sufficient then the Treasurer of State shall transfer $1,500,000 in fiscal year 2000 within thirty days of the effective date of this section and $1,500,000 in fiscal year 2001 by August 1, 2000, from the Auxiliary Services Personnel Unemployment Compensation Fund to the Department of Education's Auxiliary Services Mobile Repair Fund (Fund 598).
Transfer
The Superintendent of Public Instruction shall certify to the Director of Budget and Management an amount of cash to be transferred from Fund 452, appropriation item 200-638, Miscellaneous Revenue, to Fund 620, appropriation item 200-615, Educational Grants. Such certification shall be made 30 days after the effective date of this section.
Appropriation item fund 017 200-612, Base Cost Funding, shall be used in conjunction with GRF appropriation item 200-501, Base Cost Funding, to provide payments to school districts pursuant to Chapter 3317. of the Revised Code.
Of the foregoing appropriation item fund 017 200-612, Base Cost Funding, $25,000,000 in each fiscal year shall be used from the funds transferred from the Unclaimed Prizes Trust Fund pursuant to the section entitled "Transfers from the Unclaimed Prizes Fund" of this act.
The Department of Education, with the approval of the Director of Budget and Management, shall determine the monthly distribution schedules of the GRF appropriation item 200-501 and fund 017 appropriation item 200-610. If adjustments to the monthly distribution schedule are necessary, the Department of Education shall make such adjustments with the approval of the Director of Budget and Management.
The Director of Budget and Management shall transfer the amount appropriated under the Lottery Profits Education Fund for appropriation item 200-682, Lease Rental Payment Reimbursement, to the General Revenue Fund on a schedule determined by the director. These funds shall support the GRF appropriation item 230-428, Lease Rental Payments, of the School Facilities Commission.
Lottery Profits Transfers*
On 15th day of May of each fiscal year, the Director of Budget and Management shall determine if lottery profits transfers will meet the appropriation amounts from the Lottery Profits Education Fund.
On or after the date specified in each fiscal year, if the director determines that lottery profits will not meet appropriations and if other funds are not available to meet the shortfall, the Superintendent of Public Instruction shall take the actions specified under the "Reallocation of Funds" section of this act.
Transfers from the Unclaimed Prizes Fund
By January 15 of fiscal year 2000 and by January 15 of fiscal year 2001, the Director of Budget and Management shall transfer $25,000,000 from the State Lottery Commission's Unclaimed Prizes Fund to the Lottery Profits Education Fund, to be used solely for purposes specified in the Department of Education's budget. Transfers of unclaimed prizes under this provision shall not count as lottery profits in the determination made concerning excess profits titled "Lottery Profits" under the Department of Education in this act.
Teacher Certification and Licensure
The foregoing appropriation item 200-681, Teacher Certification and Licensure, shall be used by the Department of Education in each year of the biennium to administer teacher certification and licensure functions pursuant to sections 3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 3319.51 of the Revised Code.
The Superintendent of Public Instruction shall not request and the Controlling Board shall not approve the transfer of funds from appropriation item 200-901, Property Tax Allocation-Education, to any other appropriation line item.
School District Solvency Assistance
The foregoing appropriation item 200-687, School District Solvency Assistance, shall be used to make advancements to school districts to enable them to remain solvent pursuant to section 3316.20 of the Revised Code. Advancements shall be subject to approval by the Controlling Board. Reimbursements from school districts for any amounts advanced shall be made to the School District Solvency Assistance Fund.
The Department of Education shall report the following to the Director of Budget and Management, the Legislative Office of Education Oversight, and the Legislative Budget Officer of the Legislative Service Commission:
(A) Changes in formulas for distributing state appropriations, including administratively defined formula factors;
(B) Discretionary changes in formulas for distributing federal appropriations;
(C) Federally mandated changes in formulas for distributing federal appropriations.
Any such changes shall be reported two weeks prior to the effective date of the change.
Notwithstanding division (B) of section 3317.11 of the Revised Code, no funds shall be provided to an educational service center in either fiscal year for any pupils of a city or exempted village school district unless an agreement to provide services under section 3313.843 of the Revised Code was entered into by January 1, 1997, except that funds shall be provided to an educational service center for any pupils of a city school district if the agreement to provide services was entered into within one year of the date upon which such district changed from a local school district to a city school district. If insufficient funds are appropriated in fiscal year 2000 for the purposes of division (B) of section 3317.11 of the Revised Code, the department shall first distribute to each educational service center $32 per pupil in its service center ADM, as defined in that section. The remaining funds in the fiscal year shall be distributed to each educational service center at a rate of $32 per pupil in its client ADM, as defined in that section, that is attributable to each city and exempted village school district that had entered into an agreement with an educational service center for that fiscal year under section 3313.843 of the Revised Code by January 1, 1997, in order of the dates on which such agreements were entered into, beginning with the earliest such date; except that any service center that received funds for the pupils of a city or exempted village school district in fiscal year 1999 shall receive funds for the pupils of such district in fiscal year 2000 if such district has entered into an agreement with that educational service center for that fiscal year. If insufficient funds are appropriated in fiscal year 2001 for the purposes of division (B) of section 3317.11 of the Revised Code, the department shall first distribute to each educational service center $32 per pupil in its service center ADM. The remaining funds in the fiscal year shall be distributed to each educational service center at a rate of $32 per pupil in its client ADM attributable to each city and exempted village school district that had entered into an agreement with an educational service center for that fiscal year under section 3313.843 of the Revised Code by January 1, 1997, in order of the dates on which such agreements were entered into, beginning with the earliest such date; except that any educational service center that received funds for the pupils in the ADM of a city or exempted village school district in both fiscal years 1999 and 2000 shall receive funds for the pupils of such district in fiscal year 2001 if such district has entered into an agreement with that educational service center for that fiscal year.
The provisions of this section shall not take effect unless the Director of Budget and Management adopts an order putting them into effect and certifies a copy of the order to the Superintendent of Public Instruction and the Controlling Board.
Notwithstanding any other provision of the Revised Code, the monthly distribution of payments made to school districts and educational service centers pursuant to section 3317.01 of the Revised Code for the first six months of each fiscal year shall equal, as nearly as possible, six and two-thirds per cent of the estimate of the amounts payable for each fiscal year. The monthly distribution of payments for the last six months of each fiscal year shall equal, as nearly as possible, ten per cent of the final calculation of the amounts payable to each school district for that fiscal year.
The treasurer of each school district or educational service center may accrue, in addition to the payments defined in this section, to the accounts of the calendar years that end during each fiscal year, the difference between the sum of the first six months' payments in each fiscal year and the amounts the district would have received had the payments been made in, as nearly as possible in each fiscal year, twelve equal monthly payments.
Notwithstanding the limitations on the amount of borrowing and time of payment provided for in section 133.10 of the Revised Code but subject to the provisions of sections 133.26 and 133.30 of the Revised Code, a board of education of a school district may at any time between July 1, 1999, and December 31, 1999, or at any time between July 1, 2000, and December 31, 2000, borrow money to pay any necessary and actual expenses of the school district during the last six months of calendar years 1999 and 2000 and in anticipation of the receipt of any portion of the payments to be received by that district in the first six months of calendar years 2000 and 2001 representing the respective amounts accrued pursuant to the preceding paragraph, and issue notes to evidence that borrowing to mature no later than the thirtieth day of June of the calendar year following the calendar year in which such amount was borrowed. The principal amount borrowed in the last six months of calendar years 1999 or 2000 under this paragraph may not exceed the entire amount accrued or to be accrued by the district treasurer in those calendar years pursuant to the preceding paragraph. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts are lawfully appropriated by the board of education. No board of education shall be required to use the authority granted by this paragraph. The receipts so anticipated, and additional amounts from distributions to the districts in the first six months of calendar years 2000 and 2001 pursuant to Chapter 3317. of the Revised Code needed to pay the interest on the notes, shall be deemed appropriated by the board of education to the extent necessary for the payment of the principal of and interest on the notes at maturity, and the amounts necessary to make those monthly distributions are hereby appropriated from the General Revenue Fund. For the purpose of better ensuring the prompt payment of principal of and interest on the notes when due, the resolution of the board of education authorizing the notes may direct that the amount of the receipts anticipated, together with those additional amounts needed to pay the interest on the borrowed amounts, shall be deposited and segregated, in trust or otherwise, to the extent, at the time or times, and in the manner provided in that resolution. The borrowing authorized by this section shall not constitute debt for purposes of section 133.04 of the Revised Code. School districts shall be reimbursed by the state for all necessary and actual costs to districts arising from this provision, including, without limitation, the interest paid on the notes while the notes are outstanding. The Department of Education shall adopt rules that are not inconsistent with this section for school district eligibility and application for reimbursement of such costs. Payments of these costs shall be made out of any anticipated balances in appropriation items distributed under Chapter 3317. of the Revised Code. The department shall submit all requests for reimbursement under these provisions to the Controlling Board for approval.
During the last six months of each calendar year, instead of deducting the amount the Superintendent of Public Instruction would otherwise deduct from a school district's or educational service center's state aid payments in accordance with the certifications made for such year pursuant to sections 3307.56 and 3309.51 of the Revised Code, the superintendent shall deduct an amount equal to forty per cent of the amount so certified. The secretaries of the retirement systems shall compute the certifications for the ensuing year under such sections as if the entire amounts certified as due in the calendar year ending the current fiscal year, but not deducted pursuant to this paragraph, had been deducted and paid in that calendar year. During the first six months of the ensuing calendar year, in addition to deducting the amounts the Superintendent of Public Instruction is required to deduct under such sections during such period, the superintendent shall deduct from a district's or educational service center's state aid payments an additional amount equal to the amount that was certified as due from the district for the calendar year that ends during the fiscal year, but that was not deducted because of this paragraph. The superintendent's certifications to the Director of Budget and Management during the first six months of the calendar year shall reflect such additional deduction.
(A) As used in this section:
(1) "Basic aid" means the amount calculated for the school district received for the fiscal year under divisions (A) and (C) of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 3317.0212, and 3317.0213 of the Revised Code and the amount computed for a joint vocational school district under section 3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school district for fiscal year 2000 or fiscal year 2001 under Chapter 3317. of the Revised Code and this act, excluding the district's basic aid and the amount computed under such chapter and acts for educational service centers, MR/DD boards, and institutions.
(B) If in either fiscal year of the biennium the Governor issues an order under section 126.05 of the Revised Code to reduce expenditures and incurred obligations and the order requires the superintendent to reduce such state education payments, or if lottery profits transfers are insufficient to meet the amounts appropriated from the Lottery Profits Education Fund for base cost funding, and if other funds are not sufficient to offset the shortfall, the superintendent shall reduce nonbasic aid payments so that the total amount expended in the fiscal year will not exceed the amount available for expenditure pursuant to the Governor's order. Subject to Controlling Board approval, the superintendent shall reallocate appropriations not yet expended from one program to another.
(C)(1) If further reductions in nonbasic aid are necessary following the reallocations implemented pursuant to division (B) of this section, the superintendent shall request the Controlling Board to approve the use of the money appropriated by this division. The superintendent shall include with the superintendent's request a report listing the amount of reductions that each school district will receive if the request is not approved, and also the amount of the reduction, if any, that will still be required if the use of the money appropriated by this section is approved.
(2) In accordance with division (C)(1) of this section, there is hereby appropriated to the Department of Education from the unobligated balance remaining in the Lottery Profits Education Fund at the end of fiscal year 1999 the lesser of: the unobligated balance in the fund, or the amount needed to preclude a reallocation pursuant to this section. The money appropriated by this division may be spent or distributed by the department only with the approval of the Controlling Board.
(D) If reductions in nonbasic aid are still necessary following the actions taken pursuant to divisions (B) and (C) of this section, the superintendent shall determine by what percentage expenditures for nonbasic aid must be reduced for the remainder of the fiscal year to make the total amount distributed for the year equal the amount appropriated or available for distribution. The superintendent shall reduce by that percentage the amount to be paid in nonbasic aid to each city, exempted village, local, and joint vocational school district, to each educational service center, to each county board of mental retardation and developmental disabilities, and to each institution providing special education programs under section 3323.091 of the Revised Code for the remainder of the fiscal year.
(A) There is hereby created the Lottery Profits Education Reserve Fund (Fund 018) in the State Treasury. At no time shall the amount to the credit of the fund exceed $75,000,000. Investment earnings of the Lottery Profits Education Reserve Fund shall be credited to the fund. Notwithstanding any provisions of law to the contrary, for fiscal years 2000 and 2001, there is hereby appropriated to the Department of Education, from the Lottery Profits Education Reserve Fund, an amount necessary to make loans authorized by sections 3317.0210, 3317.0211, and 3317.62 of the Revised Code. All loan repayments from loans made in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be deposited into the credit of the Lottery Profits Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget and Management shall determine the amount by which lottery profit transfers received by the Lottery Profits Education Fund for fiscal year 1999 exceed $688,873,028. The amount so certified shall be distributed in fiscal year 2000 pursuant to divisions (C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and Management shall determine the amount by which lottery profit transfers received by the Lottery Profits Education Fund for fiscal year 2000 exceed $661,000,000. The amount so determined shall be distributed in fiscal year 2001 pursuant to divisions (E) and (F) of this section.
The Director of Budget and Management shall annually certify the amounts determined pursuant to this section to the Speaker of the House of Representatives and the President of the Senate.
(C) Not later than June 15, 2000, the Department of Education, in consultation with the Director of Budget and Management, shall determine, based upon estimates, if a reallocation of funds as described in the section of this act titled "Reallocation of Funds" is required.
If a reallocation of funds is required, then the Superintendent of Public Instruction shall request Controlling Board approval for a release of any balances in the Lottery Profits Education Fund available for the purpose of this division and pursuant to divisions (C)(1) and (2) of the section of this act titled "Reallocation of Funds." Any moneys so released are hereby appropriated.
(D) In fiscal year 2000, if the Department of Education does not determine that a reallocation of funds is necessary by the fifteenth day of June, as provided in division (C) of this section, or if there is a balance in the Lottery Profits Education Fund after the release of any amount needed to preclude a reallocation of funds as provided in division (C) of this section, the moneys in the Lottery Profits Education Fund shall be allocated as provided in this division. Any amounts so allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery profits of $688,873,028 in fiscal year 1999 or the amount remaining in the fund, whichever is the lesser amount, shall be transferred to the Lottery Profits Education Reserve Fund within the limitations specified in division (A) of this section and be reserved and shall not be available for allocation or distribution during fiscal year 2000. Any amounts exceeding $75,000,000 shall be distributed pursuant to division (G) of this section.
(E) Not later than June 15, 2001, the Department of Education, in consultation with the Director of Budget and Management, shall determine, based upon estimates, if a reallocation of funds as described in the section of this act titled "Reallocation of Funds" is required.
If a reallocation of funds is required, then the Superintendent of Public Instruction shall request Controlling Board approval for a release of any balances in the Lottery Profits Education Fund available for the purpose of this division and pursuant to divisions (C)(1) and (2) of the section of this act titled "Reallocation of Funds." Any moneys so released are hereby appropriated.
(F) In fiscal year 2001, if the Department of Education does not determine that a reallocation of funds is necessary by the fifteenth day of June, as provided in division (E) of this section, or if there is a balance in the Lottery Profits Education Fund after the release of any amount needed to preclude a reallocation of funds as provided in division (E) of this section, the moneys in the Lottery Profits Education Fund shall be allocated as provided in this division. Any amounts so allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery profits transfers of $661,000,000 in fiscal year 2000 or the amount remaining in the fund, whichever is the lesser amount, shall be transferred to the Lottery Profits Education Reserve Fund within the limitations specified in division (A) of this section and be reserved and shall not be available for allocation or distribution during fiscal year 2001. Any amounts exceeding $75,000,000 shall be distributed pursuant to division (G) of this section.
(G) In the appropriate fiscal year, any remaining amounts after the operations required by division (D) or (F) of this section, respectively, shall be available for distribution in accordance with this division.
(1) As used in this division:
(a) "State basic aid" means:
(i) In the case of a city, local, or exempted village school district, the amount computed for a district under sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the Revised Code, plus any amount computed for the district under section 3317.0212 of the Revised Code;
(ii) In the case of a joint vocational school district, the amount calculated under section 3317.16 of the Revised Code.
(b) "ADM" means:
(i) In the case of a city, local, or exempted village school district, the district's formula ADM as defined in section 3317.02 of the Revised Code, minus the portion of ADM computed under division (A)(3) of section 3317.03 of the Revised Code for students that are enrolled in a joint vocational school district;
(ii) In the case of a joint vocational school district, the district's formula ADM as defined in that section.
(2) Ninety-seven and forty-three one-hundredths per cent of the amount made available for distribution under this division in each fiscal year shall be distributed to city, local, joint vocational, and exempted village school districts eligible to receive funds pursuant to Chapter 3317. of the Revised Code in proportion to the percentage that the ADM of each such district is of the ADM of all districts and shall be for the use of the public schools of the district. Two and fifty-seven one-hundredths per cent of such amount made available for distribution under this division in each fiscal year shall be distributed to nonpublic schools for the purposes of section 3317.063 of the Revised Code. Not later than the first day of March of each fiscal year, the Department of Education shall compute each school district's share for that year of the amount to be distributed under this division and shall, subject to Controlling Board approval, distribute the shares so determined.
Amounts distributed to school districts pursuant to this division shall be used solely to purchase textbooks and equipment. If funds have been appropriated by a board for any purposes permitted under this section, the amounts distributed to the district or educational service center under this division shall be used for additional expenditures for such purposes and shall not be substituted for funds previously appropriated by the board.
(3) Districts and nonpublic schools shall report to the Department of Education no later than the last day of May of each fiscal year on the usage of funds received under this division. The Department shall compile district data and report on the usage of all funds distributed under this division to the Controlling Board by the last day of June of each fiscal year. If the Department determines that a district used funds distributed pursuant to this division for purposes not permitted, it shall reduce the district's state basic aid payments for the ensuing fiscal year by the amount improperly used.
It is the intent of the General Assembly that moneys distributed pursuant to this section shall not be included in any spending base calculations when appropriations for the 2001-2002 biennium are being considered.
(A) The board of education requests the waiver;
(B) After the Department of Education conducts an on-site evaluation of the district related to meeting the required ratio, the board of education demonstrates to the satisfaction of the Superintendent of Public Instruction that providing the facilities necessary to meet the required ratio during the district's regular school hours with pupils in attendance would impose an extreme hardship on the district;
(C) The board of education provides assurances that are satisfactory to the Superintendent of Public Instruction that the board will act in good faith to meet the required ratio as soon as possible.
(A) As used under this heading:
(1) "Teachers' salary schedule" means the salary schedule adopted pursuant to section 3317.14 of the Revised Code, except that it does not include any separate salary level for teachers with twelve or more years of service or for any separate level of training and experience except those levels separately set forth in the salary schedule in section 3317.13 of the Revised Code.
(2) "Nonteaching salary schedule" means the salary schedule adopted pursuant to section 3317.12 of the Revised Code.
(B) If the salary for any number of years' service at any level of training and experience in a board of education's teachers' salary schedule that was in effect on June 30, 1994, was less than the amount required for that number of years' service at that level in order to be in compliance with the minimum salary requirements imposed by this act for the 1994-1995 school year, that board shall increase the salaries for each position classification and level of service in the nonteaching salary schedule for the 1994-1995 school year as follows:
(1) Add the salaries at each level of training and experience in the teachers' salary schedule that was in effect on June 30, 1994.
(2) At each level of training and experience, increase the salary in the June 30, 1994, teachers' salary schedule if an increase is required for the 1994-1995 school year in order to bring that schedule into compliance with this act, but do not increase the salary to more than the minimum amount required to be in compliance.
(3) Recompute division (B)(1) under this heading, substituting the increased salaries included in division (B)(2) under this heading.
(4) Divide the sum obtained in division (B)(3) under this heading by the sum obtained in division (B)(1) under this heading.
(5) Multiply the salary for each position classification and level of service included in the nonteaching salary schedule by the quotient obtained in division (B)(4) under this heading.
No school district affected by this division shall pay any nonteaching school employee for the 1994-1995 school year at a rate that is less than that to which the employee would be entitled if the employee were paid under the adjusted nonteaching salary schedule computed under division (B)(5) of this heading.
(A) As used in this section:
(1) The following are "participating residential treatment centers":
(a) Private residential treatment facilities which have entered into a contract with the Ohio Department of Youth Services to provide services to children placed at the facility by the department and which, in fiscal year 2000 or 2001 or both, the department pays through appropriation item 470-401, Care and Custody.
(b) Abraxas, in Shelby;
(c) Paint Creek, in Bainbridge;
(d) Act One, in Akron;
(e) Friars Club, in Cincinnati.
(2) "Education program" means an elementary or secondary education program or a special education program and related services.
(3) "Served child" means any child receiving an education program pursuant to division (B) of this section.
(4) "School district responsible for tuition" means a city, exempted village, or local school district that, if tuition payment for a child by a school district is required under law that existed in fiscal year 1998, is the school district required to pay that tuition.
(5) "Residential child" means a child who resides in a participating residential treatment center and who is receiving an educational program under division (B) of this section.
(B) A youth who is a resident of the state and has been assigned by a juvenile court or other authorized agency to a residential treatment facility specified in division (A) of this section shall be enrolled in an approved educational program located in or near the facility. Approval of the educational program shall be contingent upon compliance with the criteria established for such programs by the Department of Education. The educational program shall be provided by a school district or educational service center, or by the residential facility itself. Maximum flexibility shall be given to the residential treatment facility to determine the provider. In the event that a voluntary agreement cannot be reached and the residential facility does not choose to provide the educational program, the educational service center in the county in which the facility is located shall provide the educational program at the treatment center to children under the age of twenty-two years residing in the treatment center.
(C) Any school district responsible for tuition for a residential child shall, notwithstanding any conflicting provision of the Revised Code regarding tuition payment, pay tuition for the child for fiscal years 2000 and 2001 to the education program provider and in the amount specified in this division. If there is no school district responsible for tuition for a residential child and if the participating residential treatment center to which the child is assigned is located in the city, exempted village, or local school district that, if the child were not a resident of that treatment center, would be the school district where the child is entitled to attend school under sections 3313.64 and 3313.65 of the Revised Code, that school district shall, notwithstanding any conflicting provision of the Revised Code, pay tuition for the child for fiscal years 2000 and 2001 under this division unless that school district is providing the educational program to the child under division (B) of this section.
A tuition payment under this division shall be made to the school district, educational service center, or residential treatment facility providing the educational program to the child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under division (A) of section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education pursuant to an individualized education program as defined in section 3323.01 of the Revised Code, a payment for excess costs. This payment shall equal the actual cost to the school district, educational service center, or residential treatment facility of providing special education and related services to the student pursuant to the student's individualized education program, minus the tuition paid for the child under division (C)(1) of this section.
A school district paying tuition under this division shall not include the child for whom tuition is paid in the district's average daily membership certified under division (A) of section 3317.03 of the Revised Code.
(D) In each of fiscal years 2000 and 2001, the Department of Education shall reimburse, from appropriations made for the purpose, a school district, educational service center, or residential treatment facility, whichever is providing the service, which has demonstrated that it is in compliance with the funding criteria for each served child for whom a school district must pay tuition under division (C) of this section. The amount of this reimbursement in either fiscal year shall be the formula amount specified in section 3317.022 of the Revised Code except that the department shall proportionately reduce this reimbursement if sufficient funds are not available to pay this amount to all qualified providers.
(E) Funds provided to a school district, educational service center, or residential treatment facility under this section shall be used to supplement, not supplant, funds from other public sources for which the school district, service center, or residential treatment facility is entitled or eligible.
(F) The Department of Education shall track the utilization of funds provided to school districts, educational service centers, and residential treatment facilities under this section and monitor the effect of the funding on the educational programs they provide in participating residential treatment facilities. The department shall monitor the programs for educational accountability.
Agency Fund Group
461 | 372-601 | Operating Expenses | $ | 12,000 | $ | 12,000 |
TOTAL AGY Agency Fund Group | $ | 12,000 | $ | 12,000 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 12,000 | $ | 12,000 |
State Lottery Fund Group
044 | 950-100 | Personal Services | $ | 22,754,332 | $ | 23,095,613 |
044 | 950-200 | Maintenance | $ | 24,644,625 | $ | 25,296,625 |
044 | 950-300 | Equipment | $ | 3,841,880 | $ | 3,274,320 |
044 | 950-402 | Game and Advertising Contracts | $ | 63,542,098 | $ | 64,378,735 |
044 | 950-601 | Prizes, Bonuses, and Commissions | $ | 173,555,000 | $ | 172,025,000 |
871 | 950-602 | Annuity Prizes | $ | 180,660,880 | $ | 190,243,265 |
872 | 950-603 | Unclaimed Prize Awards | $ | 14,500,000 | $ | 10,700,000 |
TOTAL SLF State Lottery Fund | ||||||
Group | $ | 483,498,815 | $ | 489,013,558 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 483,498,815 | $ | 489,013,558 |
Operating Expenses
The foregoing appropriation items include all amounts necessary for the purchase and printing of tickets, consultant services, and advertising. The Controlling Board may, at the request of the State Lottery Commission, authorize additional appropriations for operating expenses of the State Lottery Commission from the State Lottery Fund up to a maximum of 15 per cent of anticipated total revenue accruing from the sale of lottery tickets. Amounts authorized by the Controlling Board are hereby appropriated.
Prizes, Bonuses, and Commissions
Any amounts, in addition to the amounts appropriated in appropriation item 950-601, Prizes, Bonuses, and Commissions, which are determined by the director of the State Lottery Commission to be necessary to fund prizes, bonuses, and commissions are hereby appropriated.
Annuity Prizes
With the approval of the Office of Budget and Management, the State Lottery Commission shall transfer cash from the State Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund (Fund 871), in an amount sufficient to fund deferred prizes. The Treasurer of State shall, from time to time, credit the Deferred Prizes Trust Fund (Fund 871) the pro rata share of interest earned by the Treasurer of State on invested balances.
Any amounts, in addition to the amounts
appropriated in appropriation item 950-602, Annuity Prizes,
which are determined by the director of the State Lottery Commission to be
necessary
to fund deferred prizes and interest earnings are
hereby appropriated.
General Revenue Fund
GRF | 235-321 | Operating Expenses | $ | 3,106,261 | $ | 3,201,422 |
GRF | 235-401 | Rental Payments to the Ohio Public Facilities Commission | $ | 365,552,000 | $ | 377,490,000 |
GRF | 235-402 | Sea Grants | $ | 299,940 | $ | 299,940 |
GRF | 235-403 | Math/Science Teaching Improvement | $ | 2,200,000 | $ | 1,700,000 |
GRF | 235-404 | College Readiness Initiatives | $ | 2,650,000 | $ | 2,564,000 |
GRF | 235-406 | Articulation and Transfer | $ | 1,230,950 | $ | 1,109,005 |
GRF | 235-408 | Midwest Higher Education Compact | $ | 75,000 | $ | 75,000 |
GRF | 235-409 | Information System | $ | 1,389,819 | $ | 1,389,819 |
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,360,630 | $ | 1,401,449 |
GRF | 235-415 | JOBS Challenge | $ | 8,743,864 | $ | 10,979,694 |
GRF | 235-417 | Technology | $ | 4,000,000 | $ | 4,000,000 |
GRF | 235-418 | Access Challenge | $ | 32,813,691 | $ | 44,824,335 |
GRF | 235-420 | Success Challenge | $ | 20,068,104 | $ | 31,939,001 |
GRF | 235-421 | Higher Education Efficiency Challenge | $ | 0 | $ | 2,000,000 |
GRF | 235-454 | Research Challenge | $ | 18,186,382 | $ | 20,318,440 |
GRF | 235-455 | Productivity Improvement Challenge | $ | 1,655,884 | $ | 1,695,625 |
GRF | 235-474 | AHEC Program Support | $ | 2,019,968 | $ | 2,019,968 |
GRF | 235-477 | Access Improvement Projects | $ | 1,084,842 | $ | 1,110,879 |
GRF | 235-502 | Student Support Services | $1,586,259,165 | |||
GRF | 235-501 | Instructional Subsidy | $ | 1,633,846,940 | 1,033,059 | $ | 1,057,853 |
GRF | 235-503 | Ohio Instructional Grants | $ | 96,299,061 | $ | 101,131,000 |
GRF | 235-504 | War Orphans' Scholarships | $ | 4,152,934 | $ | 4,517,037 |
GRF | 235-507 | OhioLINK | $ | 6,947,761 | $ | 7,668,731 |
GRF | 235-508 | Air Force Institute of Technology | $ | 3,500,000 | $ | 3,500,000 |
GRF | 235-509 | Displaced Homemakers | $ | 244,996 | $ | 244,996 |
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,834,416 | $ | 4,932,218 |
GRF | 235-511 | Cooperative Extension Service | $ | 25,043,306 | $ | 25,858,525 |
GRF | 235-513 | OU Voinovich Center | $ | 375,000 | $ | 375,000 |
GRF | 235-514 | Central State Supplement | $ | 9,744,956 | $ | 9,744,956 |
GRF | 235-515 | CWRU School of Medicine | $ | 4,181,578 | $ | 4,281,936 |
GRF | 235-518 | Capitol Scholarship Programs | $ | 250,000 | $ | 250,000 |
GRF | 235-519 | Family Practice | $ | 6,229,607 | $ | 6,541,087 |
GRF | 235-520 | Shawnee State Supplement | $ | 2,969,965 | $ | 2,824,000 |
GRF | 235-521 | OSU Glenn Institute | $ | 375,000 | $ | 375,000 |
GRF | 235-523 | Center for Labor Research | $ | 400,000 | $ | 400,000 |
GRF | 235-524 | Police and Fire Protection | $ | 244,996 | $ | 244,996 |
GRF | 235-525 | Geriatric Medicine | $ | 1,062,139 | $ | 1,087,630 |
GRF | 235-526 | Primary Care Residencies | $ | 3,016,605 | $ | 3,167,435 |
GRF | 235-527 | Ohio Aerospace Institute | $ | 2,374,973 | $ | 2,431,973 |
GRF | 235-530 | Academic Scholarships | $ | 8,000,000 | $ | 8,000,000 |
GRF | 235-531 | Student Choice Grants | $ | 41,305,526 | $ | 43,370,802 |
GRF | 235-535 | Agricultural Research and Development Center | $ | 33,623,910 | $ | 34,430,884 |
GRF | 235-536 | Ohio State University Clinical Teaching | $ | 15,621,369 | $ | 15,996,281 |
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 12,848,363 | $ | 13,156,724 |
GRF | 235-538 | Medical College of Ohio at Toledo Clinical Teaching | $ | 10,014,602 | $ | 10,254,953 |
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,865,290 | $ | 4,982,057 |
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,703,423 | $ | 4,816,305 |
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,837,466 | $ | 4,953,565 |
GRF | 235-547 | School of International Business | $ | 1,243,637 | $ | 1,243,637 |
GRF | 235-549 | Part-time Student Instructional Grants | $ | 12,308,500 | $ | 12,677,750 |
GRF | 235-552 | Capital Component | $ | 9,863,295 | $ | 9,863,295 |
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 3,765,832 | $ | 3,856,212 |
GRF | 235-554 | Priorities in Graduate Education | $ | 3,464,704 | $ | 3,553,437 |
GRF | 235-555 | Library Depositories | $ | 2,400,000 | $ | 2,000,000 |
GRF | 235-556 | Ohio Academic Resource Network | $ | 3,227,819 | $ | 3,512,182 |
GRF | 235-558 | Long-term Care Research | $ | 318,371 | $ | 318,371 |
GRF | 235-561 | BGSU Canadian Studies Center | $ | 167,642 | $ | 167,642 |
GRF | 235-572 | Ohio State University Clinic Support | $ | 1,361,878 | $ | 1,394,563 |
GRF | 235-583 | Urban University Programs | $ | 5,098,911 | $ | 5,221,285 |
GRF | 235-585 | Ohio University Innovation Center | $ | 49,745 | $ | 49,745 |
GRF | 235-587 | Rural University Projects | $ | 1,273,070 | $ | 1,303,624 |
GRF | 235-588 | Ohio Resource Center for Mathematics, Science, and Reading | $ | 500,000 | $ | 1,000,000 |
GRF | 235-595 | International Center for Water Resources Development | $ | 189,381 | $ | 189,381 |
GRF | 235-596 | Hazardous Materials Program | $ | 244,996 | $ | 244,996 |
TOTAL GRF General Revenue Fund | $ | 2,407,274,582 | $ | 2,509,157,581 |
General Services Fund Group
456 | 235-603 | Publications | $ | 35,000 | $ | 35,000 |
TOTAL GSF General Services | ||||||
Fund Group | $ | 35,000 | $ | 35,000 |
Federal Special Revenue Fund Group
3H2 | 235-608 | Human Services Project | $ | 974,506 | $ | 761,000 |
3N6 | 235-605 | State Student Incentive Grants | $ | 2,000,000 | $ | 2,000,000 |
3T0 | 235-610 | NHSC Ohio Loan Repayment | $ | 100,000 | $ | 100,000 |
312 | 235-609 | Tech Prep | $ | 192,224 | $ | 211,450 |
312 | 235-631 | Federal Grants | $ | 2,645,077 | $ | 2,645,077 |
TOTAL FED Federal Special Revenue | ||||||
Fund Group | $ | 5,911,807 | $ | 5,717,527 |
State Special Revenue Fund Group
4E8 | 235-602 | HEFC Administration | $ | 12,000 | $ | 12,000 |
4P4 | 235-604 | Physician Loan Repayment | $ | 396,255 | $ | 396,255 |
649 | 235-607 | Ohio State University Highway/Transportation Research | $ | 500,000 | $ | 500,000 |
682 | 235-606 | Nursing Loan Program | $ | 603,406 | $ | 618,241 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 1,511,661 | $ | 1,526,496 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,414,733,050 | $ | 2,516,436,604 |
As soon as practicable during each fiscal year of the 1999-2001 biennium in accordance with instructions of the Ohio Board of Regents, each state-assisted institution of higher education shall report its actual enrollment to the Ohio Board of Regents.
The Ohio Board of Regents shall establish procedures required by the system of formulas set out below and for the assignment of individual institutions to categories described in the formulas. The system of formulas establishes the manner in which aggregate expenditure requirements shall be determined for each of the three components of institutional operations. In addition to other adjustments and calculations described below, the subsidy entitlement of an institution shall be determined by subtracting from the institution's aggregate expenditure requirements income to be derived from the local contributions assumed in calculating the subsidy entitlements. The local contributions for purposes of determining subsidy support shall not limit the authority of the individual boards of trustees to establish fee levels.
The General Studies and Technical models shall be adjusted by the Board of Regents so that the share of state subsidy earned by those models is not altered by changes in the overall local share. A lower-division fee differential shall be used to maintain the relationship that would have occurred between these models and the Baccalaureate models had an assumed share of 37 per cent been funded.
In defining the number of full-time equivalent students for state subsidy purposes, the Ohio Board of Regents shall exclude all undergraduate students who are not residents of Ohio, except those charged in-state fees in accordance with reciprocity agreements made pursuant to section 3333.17 of the Revised Code.
(A) Aggregate Expenditure Per Full-Time Equivalent Student
(1) Instruction and Support Services
Model | FY 2000 | FY 2001 |
General Studies I | $ 3,680 | $ 3,762 |
General Studies II | $ 4,060 | $ 4,305 |
General Studies III | $ 5,141 | $ 5,259 |
Technical I | $ 4,702 | $ 5,012 |
Technical III | $ 8,088 | $ 8,477 |
Baccalaureate I | $ 6,301 | $ 6,611 |
Baccalaureate II | $ 7,287 | $ 7,582 |
Baccalaureate III | $ 10,417 | $ 10,574 |
Masters and Professional I | $ 11,788 | $ 12,300 |
Masters and Professional II | $ 17,020 | $ 17,558 |
Masters and Professional III | $ 22,976 | $ 23,214 |
Doctoral I | $ 19,495 | $ 19,647 |
Doctoral II | $ 25,066 | $ 25,840 |
Medical I | $ 27,250 | $ 27,709 |
Medical II | $ 38,309 | $ 39,323 |
(2) Student Services
For this purpose full-time equivalent counts shall be weighted to reflect differences among institutions in the numbers of students enrolled on a part-time basis.
FY 2000 | FY 2001 | |
All Expenditure Models | $ 556 | $ 594 |
(B) Plant Operation and Maintenance (POM)
(1) Determination of the Square-Foot Based POM Subsidy
Space undergoing renovation shall be funded at the rate allowed for storage space.
In the calculation of square footage for each campus, square footage shall be weighted to reflect differences in space utilization.
The space inventories for each campus shall be those determined in the fiscal year 1997 instructional subsidy, adjusted for changes attributable to the construction or renovation of facilities for which state appropriations were made or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of operation in fiscal year 2000 or fiscal year 2001 that is not otherwise replaced by a campus shall be deleted from the fiscal year 1997 inventory.
The square-foot based plant operation and maintenance subsidy for each campus shall be determined as follows:
(a) For each standard room type category shown below, the subsidy-eligible net assignable square feet (NASF) for each campus shall be multiplied by the following rates, and the amounts summed for each campus to determine the total gross square-foot based POM expenditure requirement:
FY 2000 | FY 2001 | |
Classrooms | $5.18 | $5.33 |
Laboratories | $6.45 | $6.64 |
Offices | $5.18 | $5.33 |
Audio Visual Data Processing | $6.45 | $6.64 |
Storage | $2.30 | $2.36 |
Circulation | $6.53 | $6.72 |
Other | $5.18 | $5.33 |
(b) The total gross square-foot POM expenditure requirement shall be allocated to models in proportion to full-time equivalent (FTE) enrollments as reported in enrollment data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) above shall be multiplied by the ratio of subsidy-eligible FTE students to total FTE students reported in each model, and the amounts summed for all models. To this total amount shall be added an amount to support roads and grounds expenditures to produce the total square-foot based POM subsidy.
(2) Determination of the Activity-Based POM Subsidy
(a) The number of subsidy-eligible FTE students in each model shall be multiplied by the following rates for each campus for each fiscal year.
FY 2000 | FY 2001 | |
General Studies I | $ 498 | $ 488 |
General Studies II | $ 563 | $ 584 |
General Studies III | $1,237 | $1,217 |
Technical I | $ 555 | $ 553 |
Technical II | $1,128 | $1,175 |
Baccalaureate I | $ 641 | $ 655 |
Baccalaureate II | $1,067 | $1,109 |
Baccalaureate III | $1,578 | $1,598 |
Masters & Professional I | $ 995 | $1,022 |
Masters & Professional II | $1,742 | $1,895 |
Masters & Professional III | $2,620 | $2,614 |
Doctoral I | $1,433 | $1,382 |
Doctoral II | $2,502 | $2,613 |
Medical I | $2,389 | $2,485 |
Medical II | $3,458 | $3,362 |
(b) The sum of the products for each campus determined in division (B)(2)(a) for each fiscal year shall be weighted by a factor to reflect sponsored research activity and job-training related public services expenditures to determine the total activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and Adjustments
(1) Calculation of Core Subsidy Entitlements
The calculation of the core subsidy entitlement shall consist of the following components:
(a) For each campus and for each fiscal year, the core subsidy entitlement shall be determined by multiplying the amounts listed above in divisions (A)(1) and (2) and (B)(2) less assumed local contributions, by (i) average subsidy-eligible full-time equivalents for the two-year period ending in the prior year; and (ii) average subsidy-eligible full-time equivalents for the five-year period ending in the prior year for all models except Doctoral I and Doctoral II.
(b) In calculating the core subsidy entitlements for Medical II models only, the board shall use the following count of full-time equivalent students in place of the two-year average and five-year average of subsidy-eligible students.
(i) For those medical schools whose current year enrollment is below the base enrollment, the Medical II full-time equivalent enrollment shall equal: 65 per cent of the base enrollment plus 35 per cent of the current year enrollment, where the base enrollment is:
Ohio State University | 1010 |
University of Cincinnati | 833 |
Medical College of Ohio at Toledo | 650 |
Wright State University | 433 |
Ohio University | 433 |
Northeastern Ohio Universities College of Medicine | 433 |
(ii) For those medical schools whose current year enrollment is equal to or greater than the base enrollment, the Medical II full-time equivalent enrollment shall equal the current enrollment.
(c) For all FTE-based subsidy calculations involving all-terms FTE data, FTE-based allowances shall be converted from annualized to annual rates to ensure equity and consistency of subsidy determination.
(d) The Board of Regents shall compute the sum of the two calculations listed in division (C)(1)(a) above and use the greater sum as the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of the square-foot-based subsidy or the activity-based POM subsidy component of the core subsidy entitlement, except that the total activity-based POM subsidy shall not exceed 161% of the square-foot based POM subsidy in fiscal year 2000 and shall not exceed 177% of the square-foot-based subsidy in fiscal year 2001.
(e) In fiscal year 2000, no more than 10.94% of the total instructional subsidy shall be reserved to implement the recommendations of the Graduate Funding Commission. In fiscal year 2001, no more than 10.75% of the total instructional subsidy shall be reserved for this same purpose. It is the intent of the General Assembly that the doctoral reserve be reduced 0.25 percentage points each year thereafter until no more than 10.0% of the total instructional subsidy is reserved to implement the recommendations of the Graduate Funding Commission. In fiscal year 2001, the Board of Regents shall reallocate 2% of the reserve among the state-assisted universities on the basis of a quality review as specified in the recommendations of the Graduate Funding Commission.
The amount so reserved shall be allocated to universities in proportion to their share of the total number of Doctoral I equivalent FTEs as calculated on an institutional basis using fiscal year 1998 annualized FTEs as adjusted to reflect the effects of doctoral review. For the purposes of this calculation, a doctoral equivalent FTE shall equal one Doctoral I FTE, or 1.5 Doctoral II FTEs.
(2) Annual Hold Harmless Provision
In addition to and after the other adjustments noted above, in fiscal year 2000 each campus shall have its subsidy adjusted to the extent necessary to provide an amount that is not less than 100% of the instructional subsidy received by the campus in fiscal year 1999. In fiscal year 2001 each campus shall have its subsidy adjusted to the extent necessary to provide an amount that is not less than 100% of the instructional subsidy received by the campus in fiscal year 2000.
(3) Capital Component Deduction
After all other adjustments have been made, instructional subsidy earnings shall be reduced for each campus by the amount, if any, by which debt service charged in Am. H.B. 748 of the 121st General Assembly and Am. Sub. H.B. 850 of the 122nd General Assembly for that campus exceeds that campus' capital component earnings.
(D) Reductions in Earnings
If total systemwide instructional subsidy earnings in any fiscal year exceed total appropriations available for such purposes, the Board of Regents shall proportionately reduce the instructional subsidy earnings for all campuses by a uniform percentage so that the systemwide sum equals available appropriations.
(E) Exceptional Circumstances
Adjustments may be made to instructional subsidy payments and other subsidies distributed by the Ohio Board of Regents to state-assisted colleges and universities for exceptional circumstances. No adjustments for exceptional circumstances may be made without the recommendation of the chancellor and the approval of the Controlling Board.
Distribution of Instructional Subsidy
The instructional subsidy payments to the institutions shall be in substantially equal monthly amounts during the fiscal year, unless otherwise determined by the Director of Budget and Management pursuant to the provisions of section 126.09 of the Revised Code. Payments during the first six months of the fiscal year shall be based upon the instructional subsidy appropriation estimates made for the various institutions of higher education according to the Ohio Board of Regents enrollment estimates. Payments during the last six months of the fiscal year shall be distributed after approval of the Controlling Board upon the request of the Ohio Board of Regents.
Law School Subsidy
The instructional subsidy to state supported universities for students enrolled in law schools in fiscal year 2000 and fiscal year 2001 shall be calculated by using the number of subsidy eligible full-time equivalent law school students funded by state subsidy in fiscal year 1995 or the actual number of subsidy eligible full-time equivalent law school students at the institution in the fiscal year, whichever is less.
JOBS Challenge
Funds appropriated to appropriation item 235-415, JOBS Challenge, shall be distributed to state-assisted community and technical colleges and regional campuses of state-assisted universities in support of noncredit job-related training. In each fiscal year, funds shall be distributed to campuses in proportion to each campus' share of noncredit job-related training revenues received by all campuses for the previous fiscal year. It is the intent of the General Assembly that the JOBS Challenge program reward campus noncredit job-related training efforts in the same manner that the Research Challenge Program rewards campuses for their ability to obtain sponsored research revenues.
Access Challenge
In each fiscal year, the foregoing appropriation item 235-418, Access Challenge, shall be distributed to Ohio's state-assisted access colleges and universities in proportion to each campus' share of full-time equivalent enrollments at the General Studies level as determined in the subsidy calculation process in the previous fiscal year. For the purposes of this allocation, "access campuses" includes state-assisted community colleges, state community colleges, technical colleges, Shawnee State University, Central State University, Cleveland State University, the regional campuses of state-assisted universities, and, where they are organizationally distinct and identifiable, the community-technical colleges located at the University of Toledo, the University of Cincinnati, Youngstown State University, and the University of Akron.
For the purposes of this calculation, Cleveland State University's share of full-time equivalent subsidy-eligible General Studies students shall equal its total full-time equivalent subsidy-eligible General Studies students multiplied by the ratio of the sum of full-time equivalent subsidy-eligible General Studies students enrolled in the community-technical colleges at the University of Toledo, the University of Cincinnati, Youngstown State University, and the University of Akron divided by the sum of full-time equivalent subsidy-eligible General Studies students enrolled at those same four universities. However, Cleveland State University shall not receive less in each year of the 1999-2001 biennium than the amount received in fiscal year 1999.
For each campus receiving these funds, 50 per cent of all new subsidies received by each campus in each fiscal year shall be used to restrain growth of in-state undergraduate tuition and fees. For the purposes of this distribution, "new subsidies" means all amounts received by a campus in any fiscal year from this item in excess of amounts received by the campus from this item in the previous fiscal year.
Success Challenge
The foregoing appropriation item 235-420, Success Challenge, shall be used by the Ohio Board of Regents to promote degree completion by students enrolled at a main campus of a state-assisted university.
In each fiscal year, two-thirds of the appropriations shall be distributed to state-assisted university main campuses in proportion to each campus' share of the total statewide bachelor's degrees granted by university main campuses to "at-risk" students. In fiscal year 2000 and fiscal year 2001, an "at-risk" student shall be defined to mean any undergraduate student who had received an Ohio Instructional Grant during the past ten years. An eligible institution shall not receive its share of this distribution until it has submitted and gained Board of Regents approval of a plan that addresses how the subsidy will be used to better serve at-risk students and increase their likelihood of successful completion of a bachelor's degree program.
In each fiscal year, one-third of the appropriations shall be distributed to university main campuses in proportion to each campus' share of the total bachelor's degrees granted by university main campuses to undergraduate students who completed their bachelor's degrees in a "timely manner" in the previous fiscal year. For the purposes of this section, "timely manner" shall mean the normal time it would take for a full-time degree-seeking undergraduate student to complete the student's degree. Generally, for such students pursuing a bachelor's degree, "timely manner" shall mean four years. Exceptions to this general rule shall be permitted for students enrolled in programs specifically designed to be completed in a longer time period. The Board of Regents shall collect base-line data beginning with the 1998-99 academic year to assess the timely completion statistics by university main campuses.
Higher Education Efficiency Challenge
Of the foregoing appropriation item 235-421, Higher Education Efficiency Challenge, grants totaling $2,000,000 shall be awarded in fiscal year 2001 to the state-assisted, two-year, and four-year universities or colleges that submit the best plans to increase operational efficiency. The plans shall be presented to the Ohio Board of Regents by December 31, 2000. The Board of Regents shall make awards of various amounts based on the board's assessment of the likelihood that the proposal will achieve real and long-term efficiencies in administrative or instructional operations. Preference shall be given to collaborative proposals.
Research Challenge
The foregoing appropriation item 235-454, Research Challenge, shall be used to enhance the basic research capabilities of public colleges and universities and accredited Ohio institutions of higher education holding certificates of authorization issued pursuant to section 1713.02 of the Revised Code, in order to strengthen the academic research for pursuing Ohio's economic redevelopment goals. The Ohio Board of Regents, in consultation with the colleges and universities, shall administer the Research Challenge Program and utilize a means of matching, on a fractional basis, external funds attracted in the previous year by institutions for basic research. The program may include incentives for increasing the amount of external research funds coming to such eligible institutions and for focusing research efforts upon critical state needs. Colleges and universities shall submit for review and approval to the Ohio Board of Regents plans for the institutional allocation of state dollars received through this program. Such institutional plans shall provide the rationale for the allocation in terms of the strategic targeting of funds for academic and state purposes, for strengthening research programs, and for increasing the amount of external research funds, and shall include an evaluation process to provide results of the increased support. It is the intent of the General Assembly that increases in funding for appropriation item 235-454, Research Challenge, in the 1999-2001 biennium, over the 1993-1995 biennium levels, be used by campuses as unrestricted funding for research, in the same way that Instructional Subsidy allocations are used.
The Ohio Board of Regents shall submit a biennial report of progress to the General Assembly.
Priorities in Graduate Education
The foregoing appropriation item 235-554, Priorities in Graduate Education, shall be used by the Ohio Board of Regents to support improvements in graduate programs in computer science at state-assisted universities. In each fiscal year, up to $200,000 may be used to support collaborative efforts in graduate education in this program area. In fiscal year 2001, $1,000,000 shall be used by the Board of Regents to support improvements in graduate programs in the life sciences at state-assisted universities.
Funds appropriated for instructional subsidies at colleges and universities may be used to provide such branch or other off-campus undergraduate courses of study and such master's degree courses of study as may be approved by the Ohio Board of Regents.
In providing instructional and other services to students, boards of trustees of state-assisted institutions of higher education shall supplement state subsidies by income from charges to students. Each board shall establish the fees to be charged to all students, including an instructional fee for educational and associated operational support of the institution and a general fee for noninstructional services, including locally financed student services facilities used for the benefit of enrolled students. The instructional fee and the general fee shall encompass all charges for services assessed uniformly to all enrolled students. Each board may also establish special purpose fees, service charges, and fines as required; such special purpose fees and service charges shall be for services or benefits furnished individual students or specific categories of students and shall not be applied uniformly to all enrolled students. A tuition surcharge shall be paid by all students who are not residents of Ohio.
Boards of trustees of individual state-assisted universities shall limit combined university main campus in-state undergraduate instructional and general fee increases for an academic year over the amounts charged in the prior academic year to no more than six per cent. The boards of trustees of individual state-assisted universities shall not authorize university main campus instructional and general fee increases of more than four per cent in a single vote. Boards of trustees of individual state-assisted university branch campuses, community colleges, and technical colleges shall limit combined in-state undergraduate instructional and general fee increases for an academic year over the amounts charged in the prior academic year to no more than three per cent. These fee increase limitations apply even if an institutional board of trustees has, prior to the effective date of this section, voted to assess a higher fee for the 1999-2000 academic year. These limitations shall not apply to increases required to comply with institutional covenants related to their obligations or to meet unfunded legal mandates or legally binding obligations incurred or commitments made prior to the effective date of this act with respect to which the institution had identified such fee increases as the source of funds. Any increase required by such covenants and any such mandates, obligations, or commitments shall be reported by the Board of Regents to the Controlling Board. These limitations may also be modified by the Ohio Board of Regents, with the approval of the Controlling Board, to respond to exceptional circumstances as identified by the Ohio Board of Regents.
The board of trustees of a state-assisted institution of higher education shall not authorize a waiver or nonpayment of instructional fees nor general fees for any particular student or any class of students other than waivers specifically authorized by law or approved by the chancellor. This prohibition is not intended to limit the authority of boards of trustees to provide for payments to students for services rendered the institution, nor to prohibit the budgeting of income for staff benefits or for student assistance in the form of payment of such instructional and general fees.
Each state-assisted institution of higher education in its statement of charges to students shall separately identify the instructional fee, the general fee, the tuition charge, and the tuition surcharge. Fee charges to students for instruction shall not be considered to be a price of service but shall be considered to be an integral part of the state government financing program in support of higher educational opportunity for students.
In providing the appropriations in support of instructional services at state-assisted institutions of higher education and the appropriations for other instruction it is the intent of the General Assembly that faculty members shall devote a proper and judicious part of their work week to the actual instruction of students. Total class credit hours of production per quarter per full-time faculty member is expected to meet the standards set forth in the budget data submitted by the Ohio Board of Regents.
No state-assisted college or university shall contract additional debt to finance additional student housing or permit the construction of additional student housing on land owned or leased by such institution without the approval of the Board of Regents. In granting or denying approval, the board shall consider demographic projections and established service districts, as well as the current strength of enrollment patterns throughout the state and in the public and private institutions that have historically drawn students from the same markets as the institution requesting additional housing. The board shall also consider statewide dormitory occupancy patterns and any debt burden that would be incurred by the institution. The board shall monitor demographic trends and shall recommend that the General Assembly modify this section when there is no longer a significant risk of future enrollment decline.
The board shall have no authority to prohibit the construction of privately financed housing constructed on land that is not owned or leased by the institution, even if the institution has entered or intends to enter into some type of contractual agreement with the developers or owners of such housing.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups. Administrative decisions about the utilization of
available resources, about organizational structure, about
disciplinary procedure, about the operation and staffing of all
auxiliary facilities, and about administrative personnel shall be
the exclusive prerogative of boards of trustees. Any delegation
of authority by a board of trustees in other areas of
responsibility shall be accompanied by appropriate standards of
guidance concerning expected objectives in the exercise of such
delegated authority and shall be accompanied by periodic review
of the exercise of this delegated authority to the end that the
public interest, in contrast to any institutional or special
interest, shall be served.
The foregoing appropriation item 235-515, CWRU School of Medicine, shall be disbursed to Case Western Reserve University through the Ohio Board of Regents in accordance with agreements entered into as provided for by section 3333.10 of the Revised Code, provided that the state support per full-time medical student shall not exceed that provided to full-time medical students at state universities.
The foregoing appropriation items 235-536, Ohio State University Clinical Teaching; 235-537, University of Cincinnati Clinical Teaching; 235-538, Medical College of Ohio at Toledo Clinical Teaching; 235-539, Wright State University Clinical Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, Northeastern Ohio Universities College of Medicine Clinical Teaching, shall be distributed through the Ohio Board of Regents.
The foregoing appropriation item 235-572, OSU Clinic Support, shall be distributed through the Ohio Board of Regents to the Ohio State University for support of dental and veterinary medicine clinics.
The Ohio Board of Regents shall develop plans consistent with existing criteria and guidelines as may be required for the distribution of appropriation items 235-519, Family Practice, 235-525, Geriatric Medicine, and 235-526, Primary Care Residencies.
Of the foregoing appropriation item 235-539, Wright State University Clinical Teaching, $160,000 in each fiscal year shall be for the use of Wright State University's Ellis Institute for Clinical Teaching Studies to operate the clinical facility to serve the Greater Dayton area.
Performance Standards for Medical Education
The Ohio Board of Regents, in consultation with the state-assisted medical colleges, shall develop performance standards for medical education. Special emphasis in the standards shall be placed on attempting to ensure that at least 50 per cent of the aggregate number of students enrolled in state-assisted medical colleges continue to enter residency as primary care physicians. Primary care physicians are defined as general family practice physicians, general internal medicine practitioners, and general pediatric care physicians. The Board of Regents shall be responsible for monitoring medical school performance in relation to their plans for reaching the 50 per cent systemwide standard for primary care physicians.
The foregoing appropriation item 235-526, Primary Care Residencies, shall be distributed in each fiscal year of the biennium based on whether the institution has submitted and gained approval for a plan. If the institution does not have an approved plan then it shall receive five per cent less funding per student than it would have received from its annual allocation. The remaining funding shall be distributed among those institutions that meet or exceed their targets.
Area Health Education Centers
The foregoing appropriation item 235-474, AHEC Program Support, shall be used by the Ohio Board of Regents to support the medical school regional AHECs' educational programs for the continued support of medical and other health professions education and for support of the Area Health Education Center program.
Of the foregoing appropriation item 235-474, AHEC Program Support, $200,000 in each fiscal year shall be disbursed to the Ohio University College of Osteopathic Medicine for the establishment of a mobile health care unit to serve the southeastern area of the state. Of the foregoing appropriation item 235-474, AHEC Program Support, $150,000 in each fiscal year shall be used to support the Ohio Valley Community Health Information Network (OVCHIN) pilot project.
The foregoing appropriation item 235-408, Midwest Higher Education Compact, shall be distributed by the Ohio Board of Regents pursuant to section 3333.40 of the Revised Code.
College Readiness Initiatives
Appropriation item 235-404, College Readiness Initiatives, shall be used by the Board of Regents in support of programs designed to improve the ability of high school students to enroll and succeed in higher education. These programs shall include, but not be limited to, the following: the continued administration of the Early English Composition Assessment portion of the postsecondary readiness testing program, the implementation of the State Higher Education Remediation Advisory Commission report, and the creation of a statewide outreach effort to promote the availability, need, and affordability of a college education.
Mathematics and Science Teaching Improvement
Appropriation item 235-403, Math/Science Teaching Improvement, shall be used by the Board of Regents in support of programs designed to raise the quality of mathematics and science teaching in primary and secondary education. Of these amounts, $200,000 in each fiscal year shall be reserved for the Early Math Placement Test, and $2,000,000 in fiscal year 2000 and $1,500,000 in fiscal year 2001 shall be reserved for Project Discovery.
Technology
Appropriation item 235-417, Technology, shall be used by the Board of Regents to support the continued implementation of the Ohio Learning Network, a statewide electronic collaborative effort designed to promote degree completion of students, workforce training of employees, and professional development through the use of advanced telecommunications and distance education initiatives.
Displaced Homemakers
Of the foregoing appropriation item 235-509, Displaced Homemakers, the Ohio Board of Regents shall continue funding pilot projects authorized in Am. Sub. H.B. 291 of the 115th General Assembly for the following centers: Cuyahoga Community College, University of Toledo, Southern State Community College, and Stark Technical College. The amount of $30,000 in each fiscal year shall be used for the Baldwin-Wallace Single Parents Reaching Out for Unassisted Tomorrows program.
Ohio Aerospace Institute
The foregoing appropriation item 235-527, Ohio Aerospace Institute, shall be distributed by the Ohio Board of Regents pursuant to section 3333.042 of the Revised Code.
Productivity Improvement Challenge
The foregoing appropriation item 235-455, Productivity Improvement Challenge, shall be allocated by the Ohio Board of Regents to continue increasing the capabilities of Business and Industry Training Centers at Ohio's two-year college and university regional campuses to meet the varied training needs of Ohio enterprises. Funds shall be available for capacity building projects and activities developed through the Enterprise Ohio Network of Business and Industry Training Centers. The Regents Advisory Committee for Workforce Development, in its advisory role, shall assist in the development of plans and activities.
Of the foregoing appropriation item 235-455, Productivity Improvement Challenge, $208,000 in each fiscal year shall be used by the Miami Valley Career and Technology Center Grant Program.
Access Improvement Projects
The foregoing appropriation item 235-477, Access Improvement Projects, shall be used by the Ohio Board of Regents to develop innovative statewide strategies to increase student access and retention for specialized populations, and to provide for pilot projects that will contribute to improving access to higher education by specialized populations. The funds may be used for projects that improve access for nonpublic secondary students.
Of the foregoing appropriation item 235-477, Access Improvement Projects, $740,000 in each fiscal year shall be distributed to the Appalachian Center for Higher Education at Shawnee State University. The Board of Directors of the center shall be comprised of the presidents of Shawnee State University, Ohio University, Belmont Technical College, Hocking Technical College, Jefferson Technical College, Muskingum Area Technical College, Rio Grande Community College, Southern State Community College, Washington State Community College, the dean of either the Salem or East Liverpool regional campuses of Kent State University, as designated by the President of Kent State University, and a representative of the Board of Regents designated by the chancellor.
Ohio Supercomputer Center
The foregoing appropriation item 235-510, Ohio Supercomputer Center, shall be used by the Ohio Board of Regents to support the operation of the center, located at The Ohio State University, as a statewide resource available to Ohio research universities both public and private. It is also intended that the center be made accessible to private industry as appropriate. Policies of the center shall be established by a governance committee, representative of Ohio's research universities and private industry, to be appointed by the Chancellor of the Ohio Board of Regents and established for this purpose.
Ohio Academic Resources Network (OARNet)
The foregoing appropriation item 235-556, Ohio Academic Resource Network, shall be used to support the operations of the Ohio Academic Resources Network, which shall include support for Ohio's state-assisted colleges and universities in maintaining and enhancing network connections.
Any new pledge of fees, or new agreement for adjustment of fees, made in the 1999-2001 biennium to secure bonds or notes of a state-assisted institution of higher education for a project for which bonds or notes were not outstanding on the effective date of this section shall be effective only after approval by the Ohio Board of Regents, unless approved in a previous biennium.
Rental Payments to the Ohio Public Facilities Commission
The appropriations to the Ohio Board of Regents from the General Revenue Fund for the purposes of division (A) of section 3333.13 of the Revised Code include the amounts necessary to meet all payments at the times required to be made during the period from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents to the Ohio Public Facilities Commission pursuant to leases and agreements made under section 154.21 of the Revised Code, as certified under division (C) of section 3333.13 of the Revised Code, but limited to the aggregate amount of $743,042,000 provided in appropriation item 235-401, Rental Payments to the Ohio Public Facilities Commission. Nothing in this section shall be deemed to contravene the obligation of the state to pay, without necessity for further appropriation, from the source pledged thereto, the bond service charges on obligations issued pursuant to section 154.21 of the Revised Code.
Notwithstanding section 3333.12 of the Revised Code, in lieu of the tables in that section, instructional grants for all full-time students shall be made for fiscal year 2000 using the tables under this heading.
The tables under this heading prescribe the maximum grant amounts covering two semesters, three quarters, or a comparable portion of one academic year. The grant amount for a full-time student enrolled in an eligible institution for a semester or quarter in addition to the portion of the academic year covered by a grant determined under these tables shall be a percentage of the maximum prescribed in the applicable table. The maximum grant for a fourth quarter shall be one-third of the maximum amount prescribed under the table. The maximum grant for a third semester shall be one-half of the maximum amount prescribed under the table.
For a full-time student who is a dependent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters, three quarters, or a comparable portion of
the academic year
shall be determined in accordance with the following table:
Maximum Grant $4,644 | |
Gross Income | Number of Dependents |
5 or more |
Under $12,001 | $4,644 | $4,644 | $4,644 | $4,644 | $4,644 |
$12,001 - $13,000 | 4,182 | 4,644 | 4,644 | 4,644 | 4,644 |
$13,001 - $14,000 | 3,708 | 4,182 | 4,644 | 4,644 | 4,644 |
$14,001 - $15,000 | 3,246 | 3,708 | 4,182 | 4,644 | 4,644 |
$15,001 - $16,000 | 2,790 | 3,246 | 3,708 | 4,182 | 4,644 |
$16,001 - $17,000 | 2,328 | 2,790 | 3,246 | 3,708 | 4,182 |
$17,001 - $20,000 | 1,854 | 2,328 | 2,790 | 3,246 | 3,708 |
$20,001 - $23,000 | 1,368 | 1,854 | 2,328 | 2,790 | 3,246 |
$23,001 - $26,000 | 1,146 | 1,368 | 1,854 | 2,328 | 2,790 |
$26,001 - $29,000 | 924 | 1,146 | 1,368 | 1,854 | 2,328 |
$29,001 - $30,000 | 840 | 924 | 1,146 | 1,368 | 1,854 |
$30,001 - $31,000 | 756 | 840 | 924 | 1,146 | 1,368 |
$31,001 - $32,000 | 378 | 756 | 840 | 924 | 1,146 |
$32,001 - $33,000 | -0- | 378 | 756 | 840 | 924 |
$33,001 - $34,000 | -0- | -0- | 378 | 756 | 840 |
$34,001 - $35,000 | -0- | -0- | -0- | 378 | 756 |
$35,001 - $36,000 | -0- | -0- | -0- | -0- | 378 |
Over $36,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters, three quarters, or a comparable portion of
the academic year
shall be determined in accordance with the following table:
Maximum Grant $4,644 | |
Gross Income | Number of Dependents |
5 or more |
Under $3,901 | $4,644 | $4,644 | $4,644 | $4,644 | $4,644 | $4,644 |
$3,901 - $4,500 | 4,182 | 4,644 | 4,644 | 4,644 | 4,644 | 4,644 |
$4,501 - $5,000 | 3,708 | 4,182 | 4,644 | 4,644 | 4,644 | 4,644 |
$5,001 - $5,500 | 3,246 | 3,708 | 4,182 | 4,644 | 4,644 | 4,644 |
$5,501 - $6,000 | 2,790 | 3,246 | 3,708 | 4,182 | 4,644 | 4,644 |
$6,001 - $6,500 | 2,328 | 2,790 | 3,246 | 3,708 | 4,182 | 4,644 |
$6,501 - $7,500 | 1,854 | 2,328 | 2,790 | 3,246 | 3,708 | 4,182 |
$7,501 - $8,500 | 1,368 | 1,854 | 2,328 | 2,790 | 3,246 | 3,708 |
$8,501 - $9,500 | 1,146 | 1,368 | 1,854 | 2,328 | 2,790 | 3,246 |
$9,501 - $11,000 | 924 | 1,146 | 1,368 | 1,854 | 2,328 | 2,790 |
$11,001 - $12,500 | 840 | 924 | 1,146 | 1,368 | 1,854 | 2,328 |
$12,501 - $14,000 | 756 | 840 | 924 | 1,146 | 1,368 | 1,854 |
$14,001 - $15,500 | 378 | 756 | 840 | 924 | 1,146 | 1,368 |
$15,501 - $18,500 | -0- | 378 | 756 | 840 | 924 | 1,146 |
$18,501 - $21,500 | -0- | -0- | 378 | 756 | 840 | 924 |
$21,501 - $24,500 | -0- | -0- | -0- | 378 | 756 | 840 |
$24,501 - $29,200 | -0- | -0- | -0- | -0- | 378 | 756 |
$29,201 - $33,900 | -0- | -0- | -0- | -0- | -0- | 378 |
Over $33,900 | -0- | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is a dependent and enrolled in
an educational institution that holds a certificate of
registration from the State Board of Proprietary School
Registration, the amount of the instructional grant for
two semesters, three quarters, or a comparable portion of
the academic year shall be determined in accordance with the
following table:
Maximum Grant $3,936 | |
Gross Income | Number of Dependents |
5 or more |
Under $12,001 | $3,936 | $3,936 | $3,936 | $3,936 | $3,936 |
$12,001 - $13,000 | 3,552 | 3,936 | 3,936 | 3,936 | 3,936 |
$13,001 - $14,000 | 3,132 | 3,552 | 3,936 | 3,936 | 3,936 |
$14,001 - $15,000 | 2,742 | 3,132 | 3,552 | 3,936 | 3,936 |
$15,001 - $16,000 | 2,376 | 2,742 | 3,132 | 3,552 | 3,936 |
$16,001 - $17,000 | 1,950 | 2,376 | 2,742 | 3,132 | 3,552 |
$17,001 - $20,000 | 1,578 | 1,950 | 2,376 | 2,742 | 3,132 |
$20,001 - $23,000 | 1,206 | 1,578 | 1,950 | 2,376 | 2,742 |
$23,001 - $26,000 | 966 | 1,206 | 1,578 | 1,950 | 2,376 |
$26,001 - $29,000 | 774 | 966 | 1,206 | 1,578 | 1,950 |
$29,001 - $30,000 | 726 | 774 | 966 | 1,206 | 1,578 |
$30,001 - $31,000 | 642 | 726 | 774 | 966 | 1,206 |
$31,001 - $32,000 | 324 | 642 | 726 | 774 | 966 |
$32,001 - $33,000 | -0- | 324 | 642 | 726 | 774 |
$33,001 - $34,000 | -0- | -0- | 324 | 642 | 726 |
$34,001 - $35,000 | -0- | -0- | -0- | 324 | 642 |
$35,001 - $36,000 | -0- | -0- | -0- | -0- | 324 |
Over $36,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of registration from the State Board of Proprietary School
Registration, the amount of the instructional grant for
two semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the
following table:
Maximum Grant $3,936 | |
Gross Income | Number of Dependents |
5 or more |
Under $3,901 | $3,936 | $3,936 | $3,936 | $3,936 | $3,936 | $3,936 |
$3,901 - $4,500 | 3,552 | 3,936 | 3,936 | 3,936 | 3,936 | 3,936 |
$4,501 - $5,000 | 3,132 | 3,552 | 3,936 | 3,936 | 3,936 | 3,936 |
$5,001 - $5,500 | 2,742 | 3,132 | 3,552 | 3,936 | 3,936 | 3,936 |
$5,501 - $6,000 | 2,376 | 2,742 | 3,132 | 3,552 | 3,936 | 3,936 |
$6,001 - $6,500 | 1,950 | 2,376 | 2,742 | 3,132 | 3,552 | 3,936 |
$6,501 - $7,500 | 1,578 | 1,950 | 2,376 | 2,742 | 3,132 | 3,552 |
$7,501 - $8,500 | 1,206 | 1,578 | 1,950 | 2,376 | 2,742 | 3,132 |
$8,501 - $9,500 | 966 | 1,206 | 1,578 | 1,950 | 2,376 | 2,742 |
$9,501 - $11,000 | 774 | 966 | 1,206 | 1,578 | 1,950 | 2,376 |
$11,001 - $12,500 | 726 | 774 | 966 | 1,206 | 1,578 | 1,950 |
$12,501 - $14,000 | 642 | 726 | 774 | 966 | 1,206 | 1,578 |
$14,001 - $15,500 | 324 | 642 | 726 | 774 | 966 | 1,206 |
$15,501 - $18,500 | -0- | 324 | 642 | 726 | 774 | 966 |
$18,501 - $21,500 | -0- | -0- | 324 | 642 | 726 | 774 |
$21,501 - $24,500 | -0- | -0- | -0- | 324 | 642 | 726 |
$24,501 - $29,200 | -0- | -0- | -0- | -0- | 324 | 642 |
$29,201 - $33,900 | -0- | -0- | -0- | -0- | -0- | 324 |
Over $33,900 | -0- | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is a dependent and enrolled in
a state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a comparable portion of
the academic year shall be determined in
accordance with the following table:
Maximum Grant $1,866 | |
Gross Income | Number of Dependents |
5 or more |
Under $12,001 | $1,866 | $1,866 | $1,866 | $1,866 | $1,866 |
$12,001 - $13,000 | 1,680 | 1,866 | 1,866 | 1,866 | 1,866 |
$13,001 - $14,000 | 1,482 | 1,680 | 1,866 | 1,866 | 1,866 |
$14,001 - $15,000 | 1,314 | 1,482 | 1,680 | 1,866 | 1,866 |
$15,001 - $16,000 | 1,128 | 1,314 | 1,482 | 1,680 | 1,866 |
$16,001 - $17,000 | 924 | 1,128 | 1,314 | 1,482 | 1,680 |
$17,001 - $20,000 | 738 | 924 | 1,128 | 1,314 | 1,482 |
$20,001 - $23,000 | 558 | 738 | 924 | 1,128 | 1,314 |
$23,001 - $26,000 | 450 | 558 | 738 | 924 | 1,128 |
$26,001 - $29,000 | 360 | 450 | 558 | 738 | 924 |
$29,001 - $30,000 | 336 | 360 | 450 | 558 | 738 |
$30,001 - $31,000 | 306 | 336 | 360 | 450 | 558 |
$31,001 - $32,000 | 156 | 306 | 336 | 360 | 450 |
$32,001 - $33,000 | -0- | 156 | 306 | 336 | 360 |
$33,001 - $34,000 | -0- | -0- | 156 | 306 | 336 |
$34,001 - $35,000 | -0- | -0- | -0- | 156 | 306 |
$35,001 - $36,000 | -0- | -0- | -0- | -0- | 156 |
Over $36,000 | -0- | -0- | -0- | -0- | -0- |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a comparable portion of
the academic year shall be
determined in accordance with the following table:
Maximum Grant $1,866 | |
Gross Income | Number of Dependents |
5 or more |
Under $3,901 | $1,866 | $1,866 | $1,866 | $1,866 | $1,866 | $1,866 |
$3,901 - $4,500 | 1,680 | 1,866 | 1,866 | 1,866 | 1,866 | 1,866 |
$4,501 - $5,000 | 1,482 | 1,680 | 1,866 | 1,866 | 1,866 | 1,866 |
$5,001 - $5,500 | 1,314 | 1,482 | 1,680 | 1,866 | 1,866 | 1,866 |
$5,501 - $6,000 | 1,128 | 1,314 | 1,482 | 1,680 | 1,866 | 1,866 |
$6,001 - $6,500 | 924 | 1,128 | 1,314 | 1,482 | 1,680 | 1,866 |
$6,501 - $7,500 | 738 | 924 | 1,128 | 1,314 | 1,482 | 1,680 |
$7,501 - $8,500 | 558 | 738 | 924 | 1,128 | 1,314 | 1,482 |
$8,501 - $9,500 | 450 | 558 | 738 | 924 | 1,128 | 1,314 |
$9,501 - $11,000 | 360 | 450 | 558 | 738 | 924 | 1,128 |
$11,001 - $12,500 | 336 | 360 | 450 | 558 | 738 | 924 |
$12,501 - $14,000 | 306 | 336 | 360 | 450 | 558 | 738 |
$14,001 - $15,500 | 156 | 306 | 336 | 360 | 450 | 558 |
$15,501 - $18,500 | -0- | 156 | 306 | 336 | 360 | 450 |
$18,501 - $21,500 | -0- | -0- | 156 | 306 | 336 | 360 |
$21,501 - $24,500 | -0- | -0- | -0- | 156 | 306 | 336 |
$24,501 - $29,200 | -0- | -0- | -0- | -0- | 156 | 306 |
$29,201 - $33,900 | -0- | -0- | -0- | -0- | -0- | 156 |
Over $33,900 | -0- | -0- | -0- | -0- | -0- | -0- |
The foregoing appropriation item, 235-503, Ohio Instructional Grants, shall be used to make the payments authorized by division (C) of section 3333.26 of the Revised Code to the institutions described in that division. In addition, this appropriation shall be used to reimburse the institutions described in division (B) of section 3333.26 of the Revised Code for the cost of the waivers required by that division.
War Orphans' Scholarships
The foregoing appropriation item 235-504, War Orphans' Scholarships, shall be used to reimburse state-assisted institutions of higher education for waivers of instructional fees and general fees provided by them, and to provide grants to institutions that have received a certificate of authorization from the Ohio Board of Regents under Chapter 1713. of the Revised Code, in accordance with the provisions of section 5910.04 of the Revised Code, and to fund additional scholarship benefits provided by section 5910.032 of the Revised Code.
Part-time Student Instructional Grants
The foregoing appropriation item 235-549, Part-time Student Instructional Grants, shall be used to support a grant program for part-time undergraduate students who are Ohio residents and who are enrolled in degree granting programs.
Eligibility for participation in the program shall include degree granting educational institutions that hold a certificate of registration from the State Board of Proprietary School Registration, and nonprofit institutions that have a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, as well as state-assisted colleges and universities. Grants shall be given to students on the basis of need, as determined by the college, which will, in making these determinations, give special consideration to single-parent heads-of-household and displaced homemakers who enroll in an educational degree program that prepares the individual for a career. In determining need, the college also shall consider the availability of educational assistance from a student's employer. It is the intent of the General Assembly that these grants not supplant such assistance.
The foregoing appropriation item 235-518, Capitol Scholarship Programs, shall be used to provide one hundred scholarships in each fiscal year in the amount of $2,000 each for students enrolled in Ohio's public and private institutions of higher education to participate in the Washington Center Internship Program. The scholarships shall be matched by the Washington Center's scholarship funds.
Student Choice Grants
The foregoing appropriation item 235-531, Student Choice Grants, shall be used to support the Student Choice Grant Program created by section 3333.27 of the Revised Code.
Academic Scholarships
Notwithstanding the provision in section 3333.22 of the Revised Code requiring the annual amount of a scholarship for a scholar to be $2,000, in lieu of that amount the annual scholarship amount awarded to any scholar who received a scholarship for the 1994-1995 academic year shall be $1,000 for any academic year for which the scholar is eligible for a scholarship under section 3333.22 of the Revised Code.
Physician Loan Repayment
The foregoing appropriation item 235-604, Physician Loan Repayment, shall be used in accordance with sections 3702.71 to 3702.81 of the Revised Code.
Nursing Loan Program
The foregoing appropriation item 235-606, Nursing Loan Program, shall be used to administer the nurse education assistance program. Up to $148,000 in fiscal year 2000 and $152,000 in fiscal year 2001 may be used for operating expenses associated with the program. Any additional funds needed for the administration of the program are subject to Controlling Board approval.
Of the foregoing appropriation item 235-511, Cooperative Extension Service, $210,000 in each fiscal year shall be used for additional staffing for county agents for expanded 4-H activities. Of the foregoing appropriation item 235-511, Cooperative Extension Service, $210,000 in each fiscal year shall be used by the Cooperative Extension Service, through the Enterprise Center for Economic Development in cooperation with other agencies, for a public-private effort to create and operate a small business economic development program to enhance the development of alternatives to the growing of tobacco, and implement through applied research and demonstration, the production and marketing of other high value crops and value-added products. Of the foregoing appropriation item 235-511, Cooperative Extension Service, $65,000 in each fiscal year shall be used for farm labor mediation and education programs. Of the foregoing appropriation item 235-511, Cooperative Extension Service, $215,000 in each fiscal year shall be used to support the Ohio State University Marion Enterprise Center.
Of the foregoing appropriation item 235-511, Cooperative Extension Service, $680,000 in fiscal year 2000 and $910,500 in fiscal year 2001 shall be used to support the Ohio Watersheds Initiative.
Agricultural Research and Development Center
Of the foregoing appropriation item 235-535, Agricultural Research and Development Center, $950,000 in each fiscal year shall be distributed to the Piketon Agricultural Research and Extension Center.
Of the foregoing appropriation item 235-535, Agricultural Research and Development Center, $200,000 in each fiscal year shall be distributed to the Raspberry/Strawberry-Ellagic Acid Research program at the Ohio State University Medical College in cooperation with the Ohio State University College of Agriculture.
Cooperative Extension Service and Agricultural Research and Development Center
The foregoing appropriation items 235-511, Cooperative Extension Service, and 235-535, Agricultural Research and Development Center, shall be disbursed through the Ohio Board of Regents to the Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management pursuant to the provisions of section 126.09 of the Revised Code. Of the foregoing appropriation item 235-535, Agricultural Research and Development Center, $540,000 in each fiscal year shall be used to purchase equipment.
The Ohio Agricultural Research and Development Center shall not be required to remit payment to The Ohio State University during the 1999-2001 biennium for cost reallocation assessments. The cost reallocation assessments include, but are not limited to, any assessment on state appropriations to the center.
The foregoing appropriation item 235-402, Sea Grants, shall be disbursed to The Ohio State University. The funds from this appropriation item shall be used to conduct research on fish in Lake Erie.
Information System
The foregoing appropriation item 235-409, Information System, shall be used by the Board of Regents to revise the higher education data system known as the Uniform Information System.
Student Services
The foregoing appropriation item 235-502, Student Support Services, shall be distributed by the Board of Regents to Ohio's state-assisted colleges and universities that incur disproportionate costs in the provision of support services to disabled students.
Shawnee State Supplement
The foregoing appropriation item 235-520, Shawnee State Supplement, shall be used by Shawnee State University as detailed by both of the following:
(A) To allow Shawnee State University to keep its undergraduate fees below the statewide average, consistent with its mission of service to an economically depressed Appalachian region;
(B) To allow Shawnee State University to employ new faculty to develop and teach in new degree programs that meet the needs of Appalachians.
Police and Fire Protection
The foregoing appropriation item 235-524, Police and Fire Protection, shall be used for police and fire services in the municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, Portsmouth, Xenia Township (Greene County), and Rootstown Township, which may be used to assist these local governments in providing police and fire protection for the central campus of the state-affiliated university located therein. Each participating municipality and township shall receive at least five thousand dollars per year. Funds shall be distributed by the Ohio Board of Regents.
School of International Business
The foregoing appropriation item 235-547, School of International Business, shall be used for the continued development and support of the School of International Business of the state universities of northeast Ohio. The money shall go to the University of Akron. These funds shall be used by the university to establish a School of International Business located at the University of Akron. It may confer with the Kent State University, Youngstown State University, and Cleveland State University as to the curriculum and other matters regarding the school.
Capital Component
The foregoing appropriation item 235-552, Capital Component, shall be used by the Ohio Board of Regents to implement the capital funding policy for state-assisted colleges and universities established in Am. H.B. 748 of the 121st General Assembly. Appropriations from this item shall be distributed to all campuses for which the estimated campus debt service attributable to new qualifying capital projects is less than the campus' formula-determined capital component allocation. Campus allocations shall be determined by subtracting the estimated campus debt service attributable to new qualifying capital projects from campus formula-determined capital component allocation. Moneys distributed from this appropriation item shall be restricted to capital-related purposes.
Dayton Area Graduate Studies Institute
The foregoing appropriation item 235-553, Dayton Area Graduate Studies Institute, shall be used by the Ohio Board of Regents to support the Dayton Area Graduate Studies Institute, an engineering graduate consortium of three universities in the Dayton area - Wright State University, The University of Dayton, and the Air Force Institute of Technology - with the participation of the University of Cincinnati and The Ohio State University.
Long-Term Care Research
The foregoing appropriation item 235-558, Long-term Care Research, shall be disbursed to Miami University for long-term care research.
BGSU Canadian Studies Center
The foregoing appropriation item 235-561, BGSU Canadian Studies Center, shall be used by the Canadian Studies Center at Bowling Green State University to study opportunities for Ohio and Ohio businesses to benefit from the Free Trade Agreement between the United States and Canada.
Urban University Programs
Of the foregoing appropriation item 235-583, Urban University Programs, universities receiving funds which are used to support an ongoing university unit must certify periodically in a manner approved by the Ohio Board of Regents that program funds are being matched on a one-to-one basis with equivalent resources. Overhead support may not be used to meet this requirement. Where Urban University Program funds are being used to support an ongoing university unit, matching funds must come from continuing rather than one-time sources. At each participating state-assisted institution of higher education, matching funds must be within the substantial control of the individual designated by the institution's president as the Urban University Program representative.
Of the foregoing appropriation item 235-583, Urban University Programs, $380,000 in each fiscal year shall be used to support a public communication outreach program (WCPN). The primary purpose of the program shall be to develop a relationship between Cleveland State University and nonprofit communications entities.
Of the foregoing appropriation item 235-583, Urban University Programs, $180,000 in each fiscal year shall be used to support the Center for the Interdisciplinary Study of Education and the Urban Child at Cleveland State University. These funds shall be distributed according to rules adopted by the Ohio Board of Regents and shall be used by the center for interdisciplinary activities targeted toward increasing the chance of lifetime success of the urban child, including interventions beginning with the prenatal period. The primary purpose of the center is to study issues in urban education and to systematically map directions for new approaches and new solutions by bringing together a cadre of researchers, scholars, and professionals representing the social, behavioral, education, and health disciplines.
Of the foregoing appropriation item 235-583, Urban University Programs, $260,000 in each fiscal year shall be used to support the Kent State University Learning and Technology Project. This project is a kindergarten through university collaboration between schools surrounding Kent's eight campuses in northeast Ohio, and corporate partners who will assist in development and delivery.
The Kent State University Project shall provide a faculty member who has a full-time role in the development of collaborative activities and teacher instructional programming between Kent and the K-12th grade schools that surround its eight campuses; appropriate student support staff to facilitate these programs and joint activities; and hardware and software to schools that will make possible the delivery of instruction to pre-service and in-service teachers, and their students, in their own classrooms or school buildings. This shall involve the delivery of low-bandwidth streaming video and web-based technologies in a distributed instructional model.
Of the remainder of the appropriation, 50 per cent of the total in each fiscal year shall be distributed by the Ohio Board of Regents to Cleveland State University in support of the Urban Center of the College of Urban Affairs. The balance of the appropriation shall be distributed to the Northeast Ohio Interinstitutional Research Program, the Urban Linkages Program, and the Urban Research Technical Assistance Grant Program.
International Center for Water Resources Development
The foregoing appropriation item 235-595, International Center for Water Resources Development, shall be used to support the International Center for Water Resources Development at Central State University. This center shall develop methods to improve the management of water resources for Ohio and for emerging nations.
Rural University Projects
Of the foregoing appropriation item 235-587, Rural University Projects, Bowling Green State University shall receive $211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. Miami University shall receive $323,365 in fiscal year 2000 and $331,125 in fiscal year 2001. Ohio University shall receive $738,375 in fiscal year 2000 and $756,099 in fiscal year 2001. These funds shall be used to support the Institute for Local Government Administration and Rural Development at Ohio University, the Center for Public Management and Regional Affairs at Miami University, and the public administration program at Bowling Green State University.
A small portion of the funds provided to Ohio University shall be used to establish a satellite office of the Institute for Local Government Administration and Rural Development at Shawnee State University. A small portion of the funds provided to Ohio University shall also be used for the Institute for Local Government Administration and Rural Development State and Rural Policy Partnership with the Governor's Office of Appalachia and the Appalachian delegation of the General Assembly.
Ohio Resource Center for Math, Science, and Reading
The foregoing appropriation item 235-588, Ohio Resource Center for Math, Science, and Reading, shall be used to support a resource center for mathematics, science, and reading to be located at a state-assisted university for the purpose of identifying best educational practices in primary and secondary schools and establishing methods for communicating them to colleges of education and school districts.
Prior to December 31, 1999, the Governor, the Superintendent of Public Instruction, and the Chancellor of the Ohio Board of Regents shall conduct a search for the best location for the establishment of the Ohio Resource Center for Mathematics, Science, and Reading. The location selected shall be on the campus of one of the state universities named in section 3345.011 of the Revised Code. The university selected shall be chosen on a competitive basis from among those universities that apply to the Board of Regents.
Hazardous Materials Program
The foregoing appropriation item 235-596, Hazardous Materials Program, shall be disbursed to Cleveland State University for the operation of a program to certify firefighters for the handling of hazardous materials. Training shall be available to all Ohio firefighters.
Ohio Higher Education Facilities Commission Support
The foregoing appropriation item 235-602, HEFC Administration, shall be used by the Board of Regents for operating expenses related to the Board of Regents' support of the activities of the Ohio Higher Education Facilities Commission. Upon the request of the chancellor, the Director of Budget and Management shall transfer up to $12,000 cash from Fund 461 to Fund 4E8 in each fiscal year of the biennium.
Reading Recovery Program*
Notwithstanding section 3319.23 of the Revised Code, all state-assisted colleges and universities with teacher education programs shall provide instruction in the Reading Recovery Program.
Notwithstanding any provision of law to the contrary, all repayments of Research Facility Investment Fund loans shall be made to the Bond Service Trust Fund. All Research Facility Investment Fund loan repayments made prior to the effective date of this section shall be transferred by the Director of Budget and Management to the Bond Service Trust Fund within sixty days of the effective date of this section.
Campuses are required to make timely repayments of Research Facility Investment Fund loans, according to the schedule established by the Board of Regents. In the case of late payments, the Board of Regents is authorized to deduct from an institution's periodic subsidy distribution an amount equal to the amount of the overdue payment for that institution, transfer such amount to the Bond Service Trust Fund, and credit the appropriate institution for the repayment.
Veterans' Preference
The Board of Regents shall work with the Governor's Office of Veterans' Affairs to develop specific veterans' preference guidelines for higher education institutions. These guidelines shall ensure that the institutions' hiring practices are in accordance with the intent of Ohio's veterans' preference laws.
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio Administrative Code, Central State University shall adhere to the following fiscal standards:
(1) Maintenance of a balanced budget and filing of quarterly reports on an annualized budget with the Board of Regents, comparing the budget to actual spending and revenues with projected expenditures and revenues for the remainder of the year. Such reports shall include narrative explanations as appropriate and be filed within 30 days of the end of the quarter.
(2) Timely and accurate assessment of the current and projected cash flow of university funds, by fund type;
(3) Timely reconciliation of all university cash and general ledger accounts, by fund;
(4) Submission to the Auditor of State financial statements consistent with audit requirements prescribed by the Auditor of State within four months after the end of the fiscal year.
The Director of Budget and Management shall provide clarification to the university on these fiscal standards as deemed necessary. The director may also take such actions as are necessary to ensure that the university adheres to these standards and other fiscal standards consistent with generally accepted accounting principles and the requirements of external entities providing funding to the university. Such actions may include the appointment of a financial consultant to assist Central State University in the continuous process of design and implementation of responsible systems of financial management and accounting.
(B) The director's fiscal oversight shall continue until such time as the university meets the same criteria as those created in 126:3-1-01(F) of the Ohio Administrative Code for the termination of a fiscal watch. At that time Central State University shall be relieved of the requirements of this section and subject to the requirements of sections 3345.72, 3345.74, 3345.75, and 3345.76 of the Revised Code.
General Revenue Fund
GRF | 226-100 | Personal Services | $ | 5,485,586 | $ | 5,534,116 |
GRF | 226-200 | Maintenance | $ | 676,533 | $ | 692,770 |
GRF | 226-300 | Equipment | $ | 69,534 | $ | 71,203 |
TOTAL GRF General Revenue Fund | $ | 6,231,653 | $ | 6,298,089 |
General Services Fund Group
4H8 | 226-602 | Education Reform Grants | $ | 29,900 | $ | 29,900 |
TOTAL GSF General Services | ||||||
Fund Group | $ | 29,900 | $ | 29,900 |
State Special Revenue Fund Group
4M5 | 226-601 | Work Study & Technology Investments | $ | 40,083 | $ | 40,924 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 40,083 | $ | 40,924 |
Federal Special Revenue Fund Group
3P5 | 226-643 | Medicaid Professional Services Reimbursement | $ | 125,000 | $ | 125,000 |
310 | 226-626 | Coordinating Unit | $ | 1,173,036 | $ | 1,195,850 |
TOTAL FED Federal Special | ||||||
Revenue Fund Group | $ | 1,298,036 | $ | 1,320,850 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 7,599,672 | $ | 7,689,763 |
General Revenue Fund
GRF | 221-100 | Personal Services | $ | 6,928,679 | $ | 7,132,058 |
GRF | 221-200 | Maintenance | $ | 944,938 | $ | 967,617 |
GRF | 221-300 | Equipment | $ | 180,715 | $ | 185,052 |
TOTAL GRF General Revenue Fund | $ | 8,054,332 | $ | 8,284,727 |
General Services Fund Group
4M1 | 221-602 | Education Reform Grants | $ | 64,867 | $ | 65,210 |
TOTAL GSF General Services | ||||||
Fund Group | $ | 64,867 | $ | 65,210 |
State Special Revenue Fund Group
4M0 | 221-601 | Educational Program Expenses | $ | 16,890 | $ | 17,363 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 16,890 | $ | 17,363 |
Federal Special Revenue Fund Group
3R0 | 221-684 | Medicaid Professional Services Reimbursement | $ | 80,000 | $ | 82,240 |
311 | 221-625 | Coordinating Unit | $ | 848,780 | $ | 871,271 |
TOTAL FED Federal Special | ||||||
Revenue Fund Group | $ | 928,780 | $ | 953,511 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 9,064,869 | $ | 9,320,811 |
General Revenue Fund
GRF | 230-428 | Lease Rental Payments | $ | 55,400,000 | $ | 70,300,000 |
TOTAL GRF General Revenue Fund | $ | 55,400,000 | $ | 70,300,000 |
State Special Revenue Fund Group
5E3 | 230-644 | Operating Expenses | $ | 2,609,726 | $ | 2,738,277 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 2,609,726 | $ | 2,738,277 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 58,009,726 | $ | 73,038,277 |
Lease Rental Payments
The foregoing appropriation item 230-428, Lease Rental Payments, shall be used by the School Facilities Commission to pay bond service charges on obligations issued pursuant to Chapter 3318. of the Revised Code.
Operating Expenses
The foregoing appropriation item 230-644, Operating Expenses, shall be used by the Ohio School Facilities Commission to carry out its responsibilities pursuant to this section and Chapter 3318. of the Revised Code.
Within ten days after the effective date of this section, or as soon as possible thereafter, the Executive Director of the Ohio School Facilities Commission shall certify to the Director of Budget and Management the amount of cash to be transferred from the School Building Assistance Fund (Fund 032) or the Public School Building Fund (Fund 021) to the Ohio School Facilities Commission Fund (Fund 5E3).
By July 10, 2000, the Executive Director of the Ohio School Facilities Commission shall certify to the Director of Budget and Management the amount of cash to be transferred from the School Building Assistance Fund (Fund 032) or the Public School Building Fund (Fund 021) to the Ohio School Facilities Commission Fund (Fund 5E3).
Prior Year Encumbrances
At the request of the Director of the Ohio School Facilities Commission, the Director of Budget and Management may cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, School Building Program Assistance, and reestablish such encumbrances or parts of encumbrances to CAP-622, Public School Buildings, for fiscal years 2000 and 2001. Appropriations to CAP-622 shall not be increased as a result of reestablishing such encumbrances. An amount equal to the canceled encumbrances in CAP-770 shall be appropriated to CAP-775.
Disability Access Projects
The unencumbered and unallotted balances as of June 30, 1999, in appropriation item 230-649, Disability Access Project, are hereby reappropriated. The unencumbered and unallotted balances of the appropriation at the end of fiscal year 2000 are hereby reappropriated in fiscal year 2001 to fund capital projects pursuant to this section.
(A) As used in this section:
(1) "Percentile" means the percentile in which a school district is ranked according to the fiscal year 1998 ranking of school districts with regard to income and property wealth under division (B) of section 3318.011 of the Revised Code.
(2) "School district" means a city, local, or exempted village school district, but excluding a school district that is one of the state's 21 urban school districts as defined in division (O) of section 3317.02 of the Revised Code, as that section existed prior to July 1, 1998.
(3) "Valuation per pupil" means a district's total taxable value as defined in section 3317.02 of the Revised Code divided by the district's ADM as defined in division (A) of section 3317.02 of the Revised Code as that section existed prior to July 1, 1998.
(B) The School Facilities Commission shall adopt rules for
awarding grants to school districts with a valuation per pupil
of less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application
procedures. No school district shall be awarded a grant under this
section in excess of $100,000. In addition, any school district
shall be required to pay a percentage of the cost of the project
for which the grant is being awarded equal to the percentile in
which the district is ranked.
General Revenue Fund
GRF | 228-404 | Operating Expenses | $ | 5,703,175 | $ | 5,483,910 |
GRF | 228-406 | Technical & Instructional Professional Development | $ | 12,408,453 | $ | 12,706,256 |
GRF | 228-539 | Education Technology | $ | 6,707,421 | $ | 6,733,475 |
GRF | 228-559 | RISE - Interactive Parenting Program | $ | 1,200,000 | $ | 1,200,000 |
Total GRF General Revenue Fund | $ | 26,019,049 | $ | 26,123,641 |
General Services Fund Group
5D4 | 228-640 | Conference/Special Purpose Expenses | $ | 500,000 | $ | 500,000 |
TOTAL GSF General Services | ||||||
Fund Group | $ | 500,000 | $ | 500,000 |
State Special Revenue Fund Group
4W9 | 228-630 | Ohio SchoolNet Telecommunity Fund | $ | 3,389,447 | $ | 52,813 |
4X1 | 228-634 | Distance Learning | $ | 3,174,718 | $ | 3,263,413 |
4Y4 | 228-698 | SchoolNet Plus | $ | 90,000,000 | $ | 0 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 96,564,165 | $ | 3,316,226 |
Federal Special Revenue Fund Group
3S3 | 228-655 | Technology Literacy Challenge | $ | 16,650,418 | $ | 16,650,418 |
TOTAL FED Federal Special Revenue | ||||||
Fund Group | $ | 16,650,418 | $ | 16,650,418 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 139,733,632 | $ | 46,590,285 |
SchoolNet Plus Program
(A) The foregoing appropriation item 228-698, SchoolNet Plus, shall be used as follows:
(1) Up to $20,000,000 to purchase network telecommunications equipment for each public elementary school building in Ohio to provide classroom and building access to existing and potential statewide voice, video, and data telecommunication services. The Ohio SchoolNet Commission, in consultation with the Department of Education and the Ohio Education Computer Network, shall define the standards and equipment configurations necessary to maximize the efficient use of the existing and potential statewide voice, video, and data telecommunication services.
(2) Up to $70,000,000 to establish and equip at least one interactive computer workstation for each five children enrolled in the fifth grade based on the number of children each qualifying school district has enrolled in the fifth grade as reported in October 1999 pursuant to division (A) of section 3317.03 of the Revised Code.
(3) To pay for the cost of an independent review of all the agencies in Ohio that deliver education technology, as called for in Recommendation One of the Report of the Ohio School Technology Implementation Task Force.
(4) To pay for the cost of a statewide educational technology strategic planning process as called for in Recommendation Two of the Report of the Ohio Schools Technology Implementation Task Force.
(B) Not later than November 30, 1999, the Executive Director of the Ohio SchoolNet Commission shall allocate to school districts the amount to be used pursuant to division (A)(2) of this section. A school district's allocation shall remain available until the district is ready to use it, and the school district may use its allocation in phases. A school district may use a portion of its allocation for training and staff development related to the project if approved by the Ohio SchoolNet Commission under division (C) of this section.
(C) The Ohio SchoolNet Commission shall adopt procedures for the administration and implementation of the SchoolNet Plus Program. The procedures shall include application procedures, specification for education technology, and terms and conditions for participation in the program. The commission shall not approve any application for participation in the program unless it has determined that the applicant can effectively and efficiently integrate the requested education technology into schools or the selected schools or classrooms for the phase of the program.
(D) Educational technology made available to school districts under division (B) of this section shall be used as an integrated part of the curriculum in fifth grade classrooms. However, if the commission determines that a school district already has at least one interactive computer workstation for each five children enrolled in the fifth grade, and the district meets other minimum requirements that may be established by the commission concerning staff training and other education technology for such grades, the commission may permit the school district to use educational technology made available to it through the SchoolNet Plus Program for children in grades six through twelve.
(E) As used in this section:
(1) "Qualifying school district" means all school districts.
(2) "Educational technology" includes, but is not limited to, computer hardware, equipment, training, and services; equipment used for two-way audio or video; software; and textbooks.
(F) All appropriations that are unencumbered and unallotted in appropriation item 228-698, SchoolNet Plus, as of June 30, 2000, are hereby appropriated for the same purpose in fiscal year 2001 upon the request of the Executive Director of the Ohio SchoolNet Commission and the approval of the Director of Budget and Management.
The foregoing appropriation item 228-406, Technical and Instructional Professional Development, shall be used by the Ohio SchoolNet Commission, to make grants to qualifying schools, including the State School for the Blind and the Ohio School for the Deaf for the provision of hardware, software, telecommunications services, and staff development to support educational uses of technology in the classroom.
The Ohio SchoolNet Commission shall consider the professional development needs associated with the OhioReads Program when making funding allocations and program decisions.
The Ohio Educational Telecommunications Network Commission, with the advice of the Ohio SchoolNet Commission, shall make grants totaling up to $1,400,000 in each year of the biennium for research development and production of interactive instructional programming series and teleconferences to support SchoolNet. Up to $50,000 of this amount shall be used in each year of the biennium to provide for the administration of these activities by the Ohio Educational Telecommunications Network Commission. The programming shall be targeted to the needs of the poorest 200 school districts as determined by the district's adjusted valuation per pupil as defined in section 3317.0213 of the Revised Code.
Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $3,300,000 in each fiscal year shall be distributed by the Ohio SchoolNet Commission to low-wealth districts or consortia including low-wealth school districts, as determined by the district's adjusted valuation per pupil as defined in section 3317.0213 of the Revised Code, or the State School for the Blind or the Ohio School for the Deaf.
The remaining appropriation allocated under this section shall be used by the Ohio SchoolNet Commission for professional development for teachers and administrators for the use of educational technology. The commission shall make grants to provide technical assistance and professional development on the use of educational technology to school districts.
Eligible recipients of grants include regional training centers, county offices of education, data collection sites, instructional technology centers, institutions of higher education, public television stations, special education resource centers, area media centers, or other nonprofit educational organizations. Services provided through these grants may include use of private entities subcontracting through the grant recipient.
Grants shall be made to entities on a contractual basis with the Ohio SchoolNet Commission. Contracts shall include provisions that demonstrate how services will benefit technology use in the schools, and in particular will support SchoolNet efforts to support technology in the schools. Contracts shall specify the scope of assistance being offered and the potential number of professionals who will be served. Contracting entities may be awarded more than one grant at a time.
Grants shall be awarded in a manner consistent with the goals of SchoolNet. Special emphasis in the award of grants shall be placed on collaborative efforts among service providers.
Application for grants from this appropriation shall be consistent with a school district's technology plan that shall meet the minimum specifications for school district technology plans as prescribed by the Ohio SchoolNet Commission. Funds allocated through these grants may be combined with funds received through other state or federal grants for technology as long as the school district's technology plan specifies the use of these funds. The commission may combine the application for these grants with the SchoolNet application process authorized in Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology
The foregoing appropriation item 228-539, Education Technology, shall be used to provide funding to suppliers of information services to school districts for the provision of hardware, software, and staff development in support of educational uses of technology in the classroom as prescribed by the State Plan for Technology pursuant to section 3301.07 of the Revised Code, and to support assistive technology for children and youth with disabilities.
Up to $5,776,929 in each fiscal year shall be used by the Ohio SchoolNet Commission to contract with instructional television and $930,492 in fiscal year 2000 and $956,546 in fiscal year 2001 shall be used by the commission to contract with education media centers to provide Ohio schools with instructional resources and services.
Resources may include, but not be limited to, the following: pre-recorded video materials (including videotape, laser discs, and CD-ROM discs); computer software for student use and/or student access to electronic communication, databases, spreadsheet, and word processing capability; live student courses or courses delivered electronically; automated media systems; and instructional and professional development materials for teachers. The commission shall cooperate with such agencies in the acquisition, development, and delivery of such educational resources to ensure high-quality and educational soundness at the lowest possible cost. Delivery of such resources may utilize a variety of technologies, with preference given to a high-speed integrated information network that can transport video, voice, data, and graphics simultaneously.
Services shall include presentations and technical assistance that will help students and teachers integrate educational materials that support curriculum objectives, match specific learning styles, and are appropriate for individual interests and ability levels.
Such instructional resources and services shall be made available for purchase by chartered nonpublic schools or by public school districts for the benefit of pupils attending chartered nonpublic schools.
The foregoing appropriation item 228-559, Interactive Parenting Program, shall be used by the Ohio SchoolNet Commission to fund a grant to RISE, Inc. as partial support to train preschool staff members and parents.
It is the intent of the General Assembly that the commission, in conjunction with RISE, Inc., shall develop a program which may be conducted in conjunction with state supported technology programs including, but not limited to, SchoolNet appropriation item 228-406, and Education Technology appropriation item 228-539, designed to educate preschool staff members and providers on developmentally appropriate teaching methods and to involve parents more closely in the education and development of their children. The project shall include an interactive instructional program, which shall be distributed to program participants at up to twenty-six locations throughout the state. The interactive instructional program shall be developed to enhance the professional development, training, and performance of preschool staff members; the education and care-giving skills of the parents of preschool children; and the preparation of preschool aged children for learning.
The project shall utilize the grant and matching nonpublic funds to continue a direct-service program that shall include at least three teleconferences to be distributed by Ohio-based public television utilizing satellite or microwave technology in a manner designed to promote interactive communications between the program participants located at sub-sites within the Ohio Educational Broadcast Network or as determined by the commission. Program participants shall communicate with trainers and participants at other program sites through telecommunications and facsimile and on-line computer technology. To the maximum extent possible, the project shall utilize systems currently available in state supported technology programs and conduct the program in a manner that promotes innovative, interactive communications between the program participants at all the sites. Parent support groups and teacher training sessions shall supplement the teleconferences, and shall occur on a local basis.
RISE, Inc., may subcontract components of the project.
Individuals eligible to participate in the program shall include those children, their parents, custodians, or guardians, and preschool staff members who are eligible to participate in a preschool program as defined in division (A) of section 3301.52 and section 5104.02 of the Revised Code.
(A) In addition to the foregoing, up to $400,000 each fiscal year may be used by RISE, Inc., to enter into a competitively bid contract with a not-for-profit entity or entities to conduct a series of training programs for adult volunteers who work with adolescent youths in after school mentoring programs, including youth-serving organizations such as Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and public school mentor programs. The series of programs shall be designed to:
(1) Improve the quality and effectiveness of adult volunteers so that they would sustain their involvement with youths over time. Specifically, they would improve their ability to motivate, supervise, and communicate with young people.
(2) Improve the quality and effectiveness of adult volunteers so that the children they mentor, coach, teach, or befriend would sustain their involvement with youth-serving organizations over time.
(3) Encourage collaboration between all Ohio youth-serving organizations, including: 4-H, Boy Scouts, Girls Scouts, Big Brothers, Big Sisters, and others.
(4) Provide cost-efficient, sustainable distance learning to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, Inc., the program participants shall be able to demonstrate that leading national experts in adolescent development intervention programs will be utilized and that such program will make use of a variety of media to engage participants and assist them in learning the goals of the program. The program shall be designed to focus on the adult volunteers who assist in youth development. Training content shall focus on:
(1) Development issues for youth;
(2) Best practices to motivate, guide, and communicate with these youths;
(3) Strategies for successful adult-to-adult interpersonal relationships that are necessary for on-going learning and support.
The program may include: two broadcast seminars of three hours in length from a central up-link station, distributed in up to 88 counties; corporate settings and extension offices with on-site facilitated discussion and exercises; high production-value video sought in various locations; and direct interactive adult learning activities. The program shall develop program workbooks. The program shall also involve at least three small group facilitated follow-up discussion workshops and development and distribution of at least two home videos. The program shall also provide Internet access, interactive lines, bulletin board, and CD-ROM.
Private sector supporters or RISE, Inc., subcontractors shall match 50 per cent of the contract amount awarded under this program. Upon completion of the program, a study and report shall be made by The Ohio State University with measurable outcome variables.
Upon completion of each of the school years for which the grant was made, RISE, Inc., shall issue a report to the commission and the members of the General Assembly explaining the goals and objectives determined, the activities implemented, the progress made toward the achievement of the goals and objectives, and the outcome of the project.
Distance Learning
Appropriation item 228-634, Distance Learning, shall be distributed by the Ohio SchoolNet Commission on a grant basis to eligible school districts to establish "distance learning" in the school district. Per the agreement with Ameritech, school districts are eligible for funds if they are within an Ameritech service area. Funds to administer the program shall be expended by the commission up to the amount specified in the agreement with Ameritech.
Within 30 days of the effective date of this section, the Director of Budget and Management shall transfer from fund 4XI in the State Special Revenue Fund Group any investment earnings from moneys paid to the office or to the SchoolNet Commission by any telephone company as part of a settlement agreement between the company and the Public Utilities Commission in fiscal year 1995.
General Revenue Fund
GRF | 233-100 | Personal Services | $ | 377,366 | $ | 386,822 |
GRF | 233-200 | Maintenance | $ | 104,158 | $ | 107,075 |
GRF | 233-300 | Equipment | $ | 5,000 | $ | 5,000 |
TOTAL GRF General Revenue Fund | $ | 486,524 | $ | 498,897 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 486,524 | $ | 498,897 |
State Special Revenue Fund Group
645 | 095-601 | Operating Expenses | $ | 3,856,585 | $ | 4,126,546 |
TOTAL SSR State Special Revenue | ||||||
Fund Group | $ | 3,856,585 | $ | 4,126,546 | ||
TOTAL ALL BUDGET FUND GROUPS | $ | 3,856,585 | $ | 4,126,546 |
Operating Expenses
The foregoing appropriation item 095-601, Operating Expenses, shall be used to pay the operating expenses of the Ohio Tuition Trust Authority.
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of section 131.44 of the Revised Code, fiscal year 1999 surplus revenue that would otherwise have been transferred to the Income Tax Reduction Fund shall be distributed as provided in division (B) of this section.
(B)(1) The first $90,000,000 of such surplus revenue shall be transferred from the General Revenue Fund to Fund 4Y4, the SchoolNet Plus Fund, in the SchoolNet Commission.
(2) All remaining surplus revenue shall be transferred to Fund 021, the Public School Building Fund, and such amount is hereby appropriated to item CAP-622, Public School Buildings, in the School Facilities Commission. Such appropriation shall become available on the ninety-first day after this act is filed with the Secretary of State. The School Facilities Commission may set aside up to ten per cent of such appropriation for the pilot program for low wealth school districts with exceptional needs for immediate classroom facility assistance that is described in division (B) of Section 26 of Am. Sub. H.B. 850 of the 122nd General Assembly.
The appropriation item 200-901, Property Tax Allocation - Education, made to the Department of Education, is appropriated to pay for the state's costs incurred due to the homestead exemption and the property tax rollback. In cooperation with the Department of Taxation, the Department of Education shall distribute these funds directly to the appropriate school districts of the state, notwithstanding the provisions in sections 321.24 and 323.156 of the Revised Code, which provide for payment of the homestead exemption and property tax rollback by the Tax Commissioner to the appropriate county treasurer and the subsequent redistribution of these funds to the appropriate local taxing districts by the county auditor.
The appropriation item 200-906, Tangible Tax Exemption - Education, made to the Department of Education, is appropriated to pay for the state's costs incurred due to the tangible personal property tax exemption required by division (C)(3) of section 5709.01 of the Revised Code. In cooperation with the Department of Taxation, the Department of Education shall distribute to each county treasurer the total amount certified by the county treasurer pursuant to section 319.311 of the Revised Code, for all school districts located in the county, notwithstanding the provision in section 319.311 of the Revised Code which provides for payment of the $10,000 tangible personal property tax exemption by the Tax Commissioner to the appropriate county treasurer for all local taxing districts located in the county. Pursuant to division (G) of section 321.24 of the Revised Code, the county auditor shall distribute the amount paid by the Department of Education among the appropriate school districts.
Upon receipt of these amounts, each school district shall distribute the amount among the proper funds as if it had been paid as real or tangible personal property taxes. Payments for the costs of administration shall continue to be paid to the county treasurer and county auditor as provided for in sections 319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically appropriated in appropriation items 200-901, Property Tax Allocation - Education, for the homestead exemption and the property tax rollback payments, and 200-906, Tangible Tax Exemption - Education, for the $10,000 tangible personal property tax exemption payments, which are determined to be necessary for these purposes, are hereby appropriated.
Unless otherwise prohibited by law, each appropriation in this act from which personal service expenses are paid shall bear the employer's share of public employees' retirement, workers' compensation, disabled workers' relief, and all group insurance programs; the costs of centralized accounting, centralized payroll processing, and related personnel reports and services; the cost of the Office of Collective Bargaining; the cost of the Personnel Board of Review; the cost of the Employee Assistance Program; the cost of the Equal Opportunity Center; the costs of interagency management infrastructure and the cost of administering the state employee merit system as required by section 124.07 of the Revised Code. Such costs shall be determined in conformity with appropriate sections of law and paid in accordance with procedures specified by the Office of Budget and Management.
An appropriation contained in this act may be used for the purpose of satisfying judgments or settlements in connection with civil actions against the state in federal court not barred by sovereign immunity or the Eleventh Amendment to the Constitution of the United States, or for the purpose of satisfying judgments, settlements, or administrative awards ordered or approved by the Court of Claims in connection with civil actions against the state, pursuant to section 2743.15, 2743.19, or 2743.191 of the Revised Code. This authorization shall not apply to appropriations to be applied to or used for payment of guarantees by or on behalf of the state, for or relating to lease payments or debt service on bonds, notes, or similar obligations and those from the School Building Program Assistance Fund (Fund 032), and any other fund into which proceeds of obligations are deposited. Nothing contained in this section is intended to subject the state to suit in any forum in which it is not otherwise subject to suit, nor is it intended to waive or compromise any defense or right available to the state in any suit against it.
Certain appropriations are in this act for the purpose of lease payments to the Ohio Public Facilities Commission, to the Ohio Building Authority, and to the Treasurer of State for the purpose of paying principal and interest on bonds or notes issued by the Ohio Public Facilities Commission, the Ohio Building Authority, or the Treasurer of State pursuant to the Ohio Constitution and acts of the General Assembly. If it is determined that additional appropriations are necessary for this purpose, such amounts are hereby appropriated.
"Sec. 45.32. (A) As used in this section:
(1) A "client district" of an educational service center means a city or exempted village school district that has entered into an agreement with that service center pursuant to section 3313.843 of the Revised Code.
(2) "ADM" means the combined ADM of the local school districts having territory in a service center and the ADM of each client district of such center.
(B) By June 1, 1997, in the case of any educational service centers that are serving only one local district pursuant to section 3311.051 of the Revised Code; EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS SECTION, by June 1, 1999, in the case of any service centers with ADMs of less than 8,000 that serve fewer than six local or client school districts; and by June 1, 2000, in the case of any educational service centers with ADMs of less than 8,000 that serve six or more local or client school districts, the superintendents of such service centers shall notify the Superintendent of Public Instruction of the name of one or more adjacent educational service centers with which such service centers will merge to form joint service centers. If the Superintendent does not receive such notification from a center serving only one local district or serving an ADM of less than 8,000 by the required date, the Superintendent shall determine one or more suitable adjacent centers for such merger and shall notify the superintendents and governing boards of all centers involved of the determination. The centers named in the notification required by this section or determined by the Superintendent of Public Instruction pursuant to this section shall form a joint center pursuant to section 3311.053 of the Revised Code, which shall be effective on the first day of July immediately following notification by the service center, or by the Superintendent of Public Instruction, whichever applies.
(C) ANY EDUCATIONAL SERVICE CENTER CREATED ON OR BEFORE JULY 1, 1997, UNDER A MERGER OF TWO EDUCATIONAL SERVICE CENTERS PURSUANT TO SECTION 45.32 OF AM. SUB. H.B. 117 OF THE 121st GENERAL ASSEMBLY, WHICH SERVICE CENTERS EACH CONTAINED ONLY ONE LOCAL SCHOOL DISTRICT AT THE TIME OF THE MERGER SHALL COMPLY WITH DIVISION (B) OF THIS SECTION BY JUNE 1, 2000."
"Sec. 50.52.10. (A) As used in this subsection:
(1) "Base formula amount" means the amount specified as such in a community school's financial plan for a school year pursuant to Subsection 5 of this section.
(2) "Cost-of-doing-business factor" has the same meaning as in section 3317.02 of the Revised Code.
(3) "IEP" means an
individualized education program AS defined by division
(E) of IN section 3323.01 of the Revised Code.
(4) "Average county cost" means the cost, averaged among school districts within a county, of providing special education and related services to similarly handicapped children, as calculated in a manner acceptable to the Superintendent of Public Instruction.
(5) "Basic aid" means the amount computed for a district under
divisions (A) and, (C)(1), (E), AND (F)
of section 3317.022 of the Revised Code.
(6) "Guarantee funds" means any payments received by a school district pursuant to section 3317.0212 of the Revised Code.
(7) "Per pupil state funds" for a district means the figure obtained when the sum of the district's total annual basic aid payments plus guarantee funds is divided by the district's formula ADM as certified in section 3317.03 of the Revised Code.
(8) "Entitled to attend school in the district" means a student is entitled to attend school in a district pursuant to the provisions of section 3313.64 or 3313.65 of the Revised Code.
(B) The state board of education shall adopt rules requiring both of the following:
(1) The board of education of each city, exempted village, and local school district in the Lucas County area to annually report the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code in grades one through twelve, and one-half of the kindergarten students, who are enrolled in a community school established under this section and for each child, both of the following:
(a) The community school in which the child is enrolled. In addition, for each such child receiving special education and related services in a community school pursuant to an IEP the board shall report the average county cost for such child.
(b) If the district receives disadvantaged pupil impact aid for the child pursuant to division (B) or divisions (C) and (E) of section 3317.029 of the Revised Code, the amount received for such child.
(2) The governing authority of each community school established under this section to annually report the number of students in grades one through twelve, and one-half of the kindergarten students, enrolled in the school who are not receiving special education and related services pursuant to an IEP, the number of enrolled students in grades one through twelve and one-half of the kindergarten students who are receiving special education and related services pursuant to an IEP, the number of enrolled preschool students counted in a unit approved by the State Board of Education under section 3317.05 of the Revised Code, the community school's base formula amount, and for each student, the city, exempted village, or local school district the student is entitled to attend under section 3313.64 or 3313.65 of the Revised Code.
(C) From the payments made to a city, exempted village, or local school district under Chapter 3317. and, if necessary, sections 321.14 and 323.156 of the Revised Code, the Department of Education shall annually subtract all of the following:
(1) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students reported under division (B)(2) of this subsection in grades one through twelve, and one-half of the kindergarten students, who are enrolled in that community school and are not receiving special education and related services pursuant to an IEP is multiplied by the base formula amount of that community school as adjusted by the school district's cost-of-doing-business factor.
(2) The sum of the average county costs for all district students reported under division (B)(2) of this subsection who are to be receiving special education and related services pursuant to an IEP in their respective community schools, less the sum of the prorated share for each such preschool handicapped student of any amounts received from state funded units or from any federal funds to provide special education and related services to students in kindergarten through grade twelve in the respective community schools. This prorated share of state unit funding or federal funds received for each such student shall be determined on the basis of all such funds received by a community school for students receiving similar services, as calculated in a manner acceptable to the Superintendent of Public Instruction.
(3) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students enrolled in that community school and residing in the district in a family participating in Ohio works first under Chapter 5107. of the Revised Code is multiplied by the per pupil amount of disadvantaged pupil impact aid the school district receives that year under division (B) or divisions (C) and (E) of section 3317.029 of the Revised Code.
(D) The Department shall annually pay to a community school, or to any custodian of its funds designated pursuant to subsection 5 of this section, all of the following:
(1) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students enrolled in grades one through twelve plus one-half of the kindergarten students in the school as reported under division (B)(2) of this subsection who are not receiving special education and related services pursuant to an IEP is multiplied by the community school's base formula amount, as adjusted by that school district's cost-of-doing-business factor;
(2) For each student enrolled in the school receiving special education and related services pursuant to an IEP, an amount equal to the average county cost for such student, less a prorated share for a preschool handicapped student of any amount received from state funded units or for any student, a prorated share of any federal funds to provide special education and related services to students in the community school. This prorated share shall be determined as described under division (C)(2) of this subsection.
(3) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of that district's students enrolled in the community school and participating in Ohio works first is multiplied by the per pupil amount of disadvantaged pupil impact aid that school district receives that year under division (B) or divisions (C) and (E) of section 3317.029 of the Revised Code.
(E) For purposes of counting students in average daily membership under section 3317.03 of the Revised Code, prior to the first day of classes each year in any community school established under this section, the parent, guardian, or custodian of each student who is enrolled or intends to enroll that year in the community school shall register the student's name and address with the superintendent of the school district in which the student is entitled to attend school. The superintendent shall include all such students in the district's average daily membership as if the students were enrolled during the first full week of October in that school year.
(F) During the first year of operation of a community school under this section, in addition to all other payments made to any school district in which a student enrolled in the community school is entitled to attend school pursuant to Chapter 3317. of the Revised Code, the Department of Education shall pay such school district for each student enrolled in the community school who is otherwise entitled to attend school in the district an amount equal to 50 per cent of the district's per pupil state funds.
(G) A community school may apply to the Department of
Education for ANY GIFTED OR preschool handicapped or gifted unit
funding the school
would
receive if it were a school
district. Upon request of its governing authority, a community
school that received unit funding as a school district-operated
school before it was converted to a community school shall
retain any units awarded to it as a school district-operated
school, provided the school continues to meet eligibility
standards for the unit.
A community school shall be considered a school district and its governing authority shall be considered a board of education for the purpose of applying to any state or federal agency for grants that a school district may receive under federal or state law or any appropriations act of the General Assembly. The governing authority of a community school may apply to any private entity for additional funds.
(H) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.
(I) A community school may not levy taxes or issue bonds secured by tax revenues.
(J) No community school shall charge tuition for the enrollment of any student.
(K) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to division (D) of this subsection. The school may issue notes to evidence such borrowing to mature no later than the end of the fiscal year in which such money was borrowed. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.
(L) For purposes of determining the number of students for which division (D)(3) of this subsection applies in any school year, a community school may submit to the state Department of Human Services, no later than the first day of March, a list of the students enrolled in the school. For each student on the list, the community school shall indicate the student's name, address, and date of birth and the school district where the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. Upon receipt of a list under this division, the Department of Human Services shall determine, for each school district where one or more students on the list are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students residing in that school district who were included in the Department's report required by section 3317.10 of the Revised Code. The Department shall make this determination on the basis of information readily available to it. Upon making this determination and no later than ninety days after submission of the list by the community school, the Department shall report to the state Department of Education the number of students on the list who reside in each school district who were included in the Department's report made pursuant to section 3317.10 of the Revised Code. In complying with this division, the Department of Human Services shall not report to the state Department of Education any personally identifiable information on any student."
"Sec. 50.52.11. The AS USED IN THIS SUBSECTION, "NATIVE STUDENT"
MEANS A STUDENT ENTITLED UNDER SECTION 3313.64 OR 3313.65 of the Revised Code TO ATTEND
SCHOOL IN THE SCHOOL DISTRICT.
THE board of education of the EACH
city, local, or AND exempted village school district in which
a community school is located THE LUCAS COUNTY
AREA shall provide transportation to
AND FROM SCHOOL FOR ITS DISTRICT'S NATIVE students WHO ARE
enrolled in the
A community school within the
boundaries
of the district, except that the board shall be required to pick
up and drop off a nonhandicapped student only at a regular
school bus stop designated in accordance with the board's
transportation policy. A school board is not required to provide
transportation to a resident student attending a community school outside the
district LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED IN SCHOOLS TO
WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION AT THE SAME GRADE LEVEL AND
WHO LIVE THE SAME DISTANCE FROM SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE
BOARD, CONFIRMED BY THE STATE BOARD OF EDUCATION,
THE TRANSPORTATION IS UNNECESSARY OR UNREASONABLE.
A BOARD SHALL NOT BE REQUIRED TO TRANSPORT NONHANDICAPPED
STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE THAN THIRTY
MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL BUS FROM THE COLLECTION
POINT DESIGNATED BY THE DISTRICT'S COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE PARENT, GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT PRECEDING YEAR."
"Sec. 18. (A) As used in this section:
(1) "FY 1998 state aid" means the total amount of state money received by a school district for fiscal year 1998 as reported on the Department of Education's form "SF-12," adjusted as follows:
(a) Minus any amounts for approved preschool handicapped units;
(b) Minus any additional amount attributable to the reappraisal guarantee of division (C) of section 3317.04 of the Revised Code;
(c) Plus the amount deducted for payments to an educational service center;
(d) Plus an estimated portion of the state money distributed in fiscal year 1998 to other school districts or educational service centers for approved units, other than preschool handicapped or gifted education units, attributable to the costs of providing services in those units to students entitled to attend school in the district;
(e) Minus an estimated portion of the state money distributed to the school district in fiscal year 1998 for approved units, other than preschool handicapped units or gifted education units, attributable to the costs of providing services in those units to students entitled to attend school in another school district;
(f) Plus any additional amount paid pursuant to the vocational education recomputation required by former Section 50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly;
(g) Plus any additional amount paid pursuant to the special education recomputation required by former division (I) of section 3317.023 of the Revised Code;
(h) Plus any amount paid for equity aid under section 3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to section 3317.027 of the Revised Code;
(j) Plus any amount received for that year pursuant to a recomputation made under division (B) of section 3317.022 of the Revised Code.
(2) "FY 1999 state aid," MEANS "FY 1999 STATE
AID" AS DEFINED IN THE VERSION OF THIS SECTION IN EFFECT FOR FISCAL YEAR 1999.
(3) "FY 2000 state
aid," "FY
2001 state
aid," and "FY 2002 state aid" mean the total amount of state
money a school district is eligible to receive for the
applicable fiscal year under divisions (A), (B), (C)(1), and
(D), AND (F) of section 3317.022
and sections 3317.025, 3317.027,
3317.029, 3317.0212, and 3317.0213 of the
Revised Code, plus any amount for which the
district is eligible pursuant to division (C) of
section 3317.023, divisions DIVISION (G) and (P) of
section
3317.024, and division (B) of section 3317.162
of the Revised Code, and prior to any
deductions or credits required by division (B), (D), (E), (F),
(G), (H), (I), (J), or (K) of
section 3317.023 or division (J) of section 3317.029
of the Revised Code.
(3)(4) "ADJUSTED FY 1999 actual aid,"
MEANS FY 1999 STATE AID THAT WAS ACTUALLY PAID TO A SCHOOL
DISTRICT AFTER THE APPLICATION OF DIVISION (B) OF THIS SECTION,
ADJUSTED AS FOLLOWS:
(a) PLUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED IN FISCAL YEAR 1999 TO OTHER SCHOOL DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;
(b) MINUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FOR APPROVED GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT.
(5) "FY 2000 actual
aid," AND
"FY 2001 actual
aid," and "FY2002 actual aid" means
MEAN the amount of the state aid
described in division (A)(2) of this section that was actually
paid to a school district in the applicable fiscal year after
the application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula
ADM," and "three-year average formula ADM" have the
meanings prescribed in section 3317.02 of the
Revised Code.
(5)(7) "All-day kindergarten" has the meaning prescribed in
section 3317.029 of the Revised Code.
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT.
(B) In fiscal year 1999, notwithstanding any provision of law to the contrary, no school district shall receive FY 1999 state aid that is more than the greater of the following:
(1) 110 per cent of FY 1998 state aid;
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)] X the greater of fiscal year 1999 formula ADM or three-year average formula ADM.
If a district's projected FY 1999 state aid is more than the greater of division (B)(1) or (2) of this section, such district shall receive only the greater of division (B)(1) or (2) of this section in fiscal year 1999.
(C) In fiscal year 2000, notwithstanding any provision of law to the contrary, no school district shall receive FY 2000 state aid that is more than the greater of the following:
(1) 110 per cent of ADJUSTED FY 1999 actual aid;
(2) [1.06 X (ADJUSTED FY 1999 actual aid/fiscal year 1999 formula ADM)] X the greater of fiscal year 2000 formula ADM or three-year average formula ADM.
If a district's projected FY 2000 state aid is more than the greater of division (C)(1) or (2) of this section, such district shall receive only the greater of division (C)(1) or (2) of this section in fiscal year 2000.
(D) In fiscal year 2001, notwithstanding any provision of law to the contrary, no school district shall receive FY 2001 state aid that is more than the greater of the following:
(1) 110 per cent of FY 2000 actual aid;
(2) [1.06 X (FY 2000 actual aid/fiscal year 2000 formula ADM)] X the greater of fiscal year 2001 formula ADM or three-year average formula ADM.
If a district's projected FY 2001 state aid is more than the greater of division (D)(1) or (2) of this section, such district shall receive only the greater of division (D)(1) or (2) of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of law to the contrary, no school district shall receive FY 2002 state aid that is more than the greater of the following:
(1) 110 per cent of FY 2001 actual aid;
(2) [1.06 X (FY 2001 actual aid/fiscal year 2001 formula ADM)] X the greater of fiscal year 2002 formula ADM or three-year average formula ADM.
If a district's projected FY 2002 state aid is more than the greater of division (E)(1) or (2) of this section, such district shall receive only the greater of division (E)(1) or (2) of this section in fiscal year 2002.
(F) This division and division (G) of this section apply only to districts subject to division (F) of section 3317.029 of the Revised Code. As used in this division and division (G) of this section:
(1) "Capped district" means a district that pursuant to division (B), (C), (D), or (E) of this section will not receive the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state aid.
(2) "DPIA funds" means:
(a) In FY 1998, the amount calculated for the district pursuant to division (B) of section 3317.023 of the Revised Code as it existed in that fiscal year;
(b) In any fiscal year after FY 1998, the total amount calculated for the district for that fiscal year pursuant to section 3317.029 of the Revised Code.
(3) "Exempt DPIA portion" means:
(a) In the case of any district other than a capped district, an amount equal to zero;
(b) In the case of a capped district, the amount resulting from the application of the following formula:
(The district's DPIA funds for the year of the calculation minus the district's DPIA funds for FY 1998) minus (the district's actual aid for the year of the calculation minus the district's FY 1998 state aid) |
However, if this formula produces a negative number, the district's exempt DPIA portion is zero.
(4) "Required all-day kindergarten" for a district means the provision of all-day kindergarten to the number of students in the district's kindergarten percentage specified pursuant to division (H)(1) of section 3317.029 of the Revised Code.
(G) Notwithstanding any provision of law to the contrary:
(1) In the case of any district, the district's DPIA funds are hereby deemed to first consist of any disadvantaged pupil impact aid calculated for the district for all-day kindergarten under division (D) of section 3317.029 of the Revised Code, and to next consist of any disadvantaged pupil impact aid calculated for the district under divisions (C) and (E) of section 3317.029 of the Revised Code. Each district shall expend whatever funds necessary to ensure provision of its required all-day kindergarten.
(2) In FY 1999, a district shall expend for the purposes of section 3317.029 of the Revised Code an amount equal to at least twenty-five per cent of the resultant derived from subtracting the district's exempt DPIA portion from the amount calculated for the district under divisions (C) and (E) of section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes of section 3317.029 of the Revised Code an amount equal to at least fifty per cent of the resultant derived from subtracting the district's exempt DPIA portion from the amount calculated for the district under divisions (C) and (E) of section 3317.029 of the Revised Code.
(4) In FY 2001, a district shall expend for the purposes of section 3317.029 of the Revised Code an amount equal to at least seventy-five per cent of the resultant derived from subtracting the district's exempt DPIA portion from the amount calculated for the district under divisions (C) and (E) of section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one hundred per cent of its DPIA funds for the purposes of section 3317.029 of the Revised Code.
(6) Districts shall comply with the requirements of division (G) of section 3317.029 of the Revised Code."
"Sec. 6. The items set forth in this section are hereby appropriated out
of
any moneys in the state treasury to the credit of the Public School Building
Fund (Fund 021), which are not otherwise appropriated. Appropriations
APPROPRIATIONS
CAP-622 | Public School Buildings | $ | 145,000,000 |
CAP-777 | Disability Access Projects | $ | 5,000,000 |
Total School Facilities Commission | $ | 150,000,000 | |
Total Public School Building Fund | $ | 150,000,000 |
_DISABILITY _ACCESS _PROJECTS
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH DISABILITIES.
(A) AS USED IN THIS SECTION:
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER DIVISION (B) OF SECTION 3318.011 of the Revised Code.
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF SECTION 3317.02 of the Revised Code, AS THAT SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE VALUE AS DEFINED IN SECTION 3317.02 of the Revised Code DIVIDED BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 3317.02 of the Revised Code AS THAT SECTION EXISTED PRIOR TO JULY 1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION, OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
Sec. 30.07. Reimbursements for Project Costs
Appropriations made in Sections 30.02 to 30.06 30.45 of
this act
AM. SUB. H.B. 850 OF THE
122nd GENERAL
ASSEMBLY for purposes of
costs of capital facilities for the interim financing of which the particular
institution has previously issued its own obligations anticipating the
possibility of future state appropriations to pay all or a portion of such
costs, as contemplated in division (B) of section 3345.12 of the Revised Code,
shall be paid directly to the institution or the paying agent for those
outstanding obligations in the full principal amount of those obligations then
to be paid from the anticipated appropriation, and shall be timely applied to
the retirement of a like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of
this act
AM. SUB. H.B. 850 OF THE
122nd GENERAL
ASSEMBLY for purposes of
costs of capital facilities, all or a portion of which costs the particular
institution has paid from the institution's moneys that were temporarily
available and which payments were reasonably expected to be reimbursed from
the proceeds of obligations issued by the state, shall be directly paid to the
institution in the full
amounts of those payments, and shall be timely applied to the reimbursement of
those temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY
CAP-022 | Basic Renovations | $ | 804,400 |
CAP-083 | Master Plan/Supplemental Renovations | $ | 2,449,400 |
CAP-084 | College of Education Facility - Planning | $ | 1,000,000 |
Total Central State University | $ | 4,253,800 |
College of Education Facility - Planning
The foregoing appropriation item CAP-084, College of Education
Facility -
Planning, shall not be released by the Controlling Board or the Director of
Budget and Management until Central State University has satisfactorily
completed a Campus-wide Master Plan, and has made progress satisfactory to
the
Board of Regents and the Office of Budget and Management in completing the
correction of its outstanding adjudication orders as issued by the Department
of Commerce. Such progress shall include the development of a plan to comply
with all remaining adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central State
University's debt service obligation until fiscal year 2002.
Sec. 31. Debt Service Formula Allocation
Based on the foregoing appropriations in Sections 30 and 30.01 to 30.45 of
this act AM. SUB. H.B. 850 OF
THE 122nd GENERAL ASSEMBLY, from
Fund 034, Higher Education Improvement Fund, the following higher education
institutions shall be responsible for the specified amounts as part of the
debt
service component of the instructional subsidy beginning in fiscal year 2000:
Institution | Amount |
University of Akron | $10,800,000 |
University of Akron - Wayne | $ 675,000 |
Bowling Green State University | $14,013,310 |
Bowling Green State University - Firelands | $ 2,056,440 |
Central State University | $ 2,449,400 |
University of Cincinnati | $39,386,650 |
University of Cincinnati - Walters | $ 3,445,212 |
Cleveland State University | $16,719,670 |
Kent State University | $17,644,310 |
Kent State University - Ashtabula | $ 575,000 |
Kent State University - East Liverpool | $ 570,980 |
Kent State University - Geauga | $ 60,000 |
Kent State University - Salem | $ 288,310 |
Kent State University - Stark | $ 1,743,360 |
Kent State University - Trumbull | $ 175,000 |
Kent State University - Tuscarawas | $ 75,000 |
Miami University | $ |
17,400,000 | |
Miami University - Hamilton | $ 969,540 |
Miami University - Middletown | $ 1,568,330 |
Ohio State University | $ |
77,760,310 | |
Ohio State University - Lima | $ |
1,118,330 | |
Ohio State University - Mansfield | $ 850,000 |
Ohio State University - Marion | $ 408,000 |
Ohio State University - ATI | $ 1,560,000 |
Ohio University | $ |
21,700,280 | |
Ohio University - Eastern | $ 398,040 |
Ohio University - Chillicothe | $ 953,030 |
Ohio University - Lancaster | $ 1,116,760 |
Ohio University - Zanesville | $ 1,136,920 |
Shawnee State University | $ 1,751,500 |
University of Toledo | $19,800,000 |
Wright State University | $11,300,000 |
Youngstown State University | $ 9,200,000 |
Medical College of Ohio | $ 5,442,150 |
Northeastern Ohio Universities College of Medicine | $ |
3,443,313 | |
Cincinnati State Technical and Community College | $ 1,036,000 |
Columbus State Community College | $ 1,500,000 |
Cuyahoga Community College | $ 6,800,000 |
Edison State Community College | $ 50,000 |
Jefferson Community College | $ 817,165 |
Lakeland Community College | $ 3,165,340 |
Owens Community College | $ 3,747,260 |
Rio Grande Community College | $ 636,000 |
Hocking Technical College | $ 2,924,325 |
Lima Technical College | $ 900,000 |
Marion Technical College | $ 52,700 |
North Central Technical College | $ 750,000 |
Stark Technical College | $ 1,253,252 |
Institutions not listed above shall not have a debt service obligation as a result of these appropriations.
Within sixty days after the effective date of this section NOT LATER
THAN MAY 17, 1999, any institution of
higher education may notify the Board of Regents of its intention not to
proceed with any project appropriated in this act AM.
SUB. H.B. OF THE 122nd
GENERAL ASSEMBLY. Upon receiving such
notification, the Board of Regents may release the institution from its debt
service obligation for the specific project."
"Sec. 26. (A) All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the School Building Program Assistance Fund (Fund 032) created under section 3318.25 of the Revised Code, derived from the proceeds of obligations heretofore and herein authorized to pay the cost to the state of acquiring classroom facilities for sale to school districts pursuant to sections 3318.01 to 3318.20 of the Revised Code.
Appropriations
CAP-737 | School Building Program Assistance | $ | 355,000,000 |
Total School Facilities Commission | $ | 355,000,000 | |
Total School Building Program Assistance Fund | $ | 355,000,000 |
School Building Program Assistance
The foregoing appropriation item CAP-737, School Building Program Assistance, shall be used by the School Facilities Commission to provide funding to school districts that receive conditional approval from the Commission pursuant to Chapter 3318. of the Revised Code.
Commitments by the School Facilities Commission
The School Facilities Commission shall not commit at least $300 million of the combined amounts of the foregoing appropriations items CAP-622, Public School Buildings (Fund 021), and CAP-737, Public School Building Assistance (Fund 032), until after June 30, 1999.
(B)(1) As used in this division:
(a) "Low wealth school district" means a school district in the lowest
fifty per cent of adjusted valuation per pupil on the fiscal year 1999 ranking
of school districts, established pursuant to section 3317.02
3317.0213 of the Revised Code.
(b) A "school district with an exceptional need for immediate
CLASSROOM facility
assistance" means a school district with an exceptional need for new
facilities in order to protect the health and safety of all or a portion of
its students. School districts reasonably expected to be served by the
Classroom Facilities
Assistance Program prior to June 30, 2002, in THE order provided under
divisions
(C)(1) and (2) of section 3318.06 3318.02 of the Revised
Code,
are excluded from
participating in this exceptional needs pilot program.
(2) Of the $300,000,000 the School Facilities Commission shall not commit until after June 30, 1999, the School Facilities Commission may set aside up to ten per cent for the pilot program for low wealth school districts with exceptional needs for immediate classroom facility assistance.
(3)(a) After consulting with education and construction experts, the School Facilities Commission shall adopt guidelines for identifying school districts with an exceptional need for immediate classroom facility assistance.
(b) The guidelines shall include application forms and instructions for school districts that believe they have an exceptional need for immediate classroom facility assistance.
(4) The School Facilities Commission shall evaluate the classroom facilities, and the need for replacement classroom facilities from the applications received under this section. The School Facilities Commission, utilizing the guidelines adopted pursuant to division (B)(3) of this section, shall prioritize the school districts to be assessed.
In accordance with division (C)(3) of NOTWITHSTANDING section
3318.02 of the Revised Code, the
School Facilities Commission may conduct on-site evaluation of the school
districts prioritized under this section and approve and award funds until
such
time as all funds set aside pursuant to division (B)(2) of this section have
been encumbered pursuant to section 3318.04 of the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 of the Revised Code, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 of the Revised Code."
Any business commenced but not completed by the Ohio SchoolNet Office or its director on the effective date of this section shall be completed by the Ohio SchoolNet Commission or its executive director in the same manner, and with the same effect, as if completed by the Ohio SchoolNet Office or its director. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section and shall be administered by the Ohio SchoolNet Commission. All of the Ohio SchoolNet Office's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Ohio SchoolNet Commission, until modified or rescinded by the Ohio SchoolNet Commission. If necessary to ensure the integrity of the numbering of the Administrative Code the Director of the Legislative Service Commission shall renumber the Ohio SchoolNet Office's rules to reflect their transfer to the Ohio SchoolNet Commission.
Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, all of the employees of the Ohio SchoolNet Office are transferred to the Ohio SchoolNet Commission and retain their positions and all of the benefits accruing thereto.
Whenever the Ohio SchoolNet Office or its director is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Ohio SchoolNet Commission or its executive director, whichever is appropriate.
No action or proceeding pending on the effective date of this section is affected by the transfer, and shall be prosecuted or defended in the name of the Ohio SchoolNet Commission or its executive director. In all such actions and proceedings, the Ohio SchoolNet Commission or its executive director upon application to the court shall be substituted as a party.
If the amending and existing repeal clauses commanding an amendment of an uncodified section of law are both marked with asterisks, the uncodified section as amended is deemed also to have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has the form *.
This section defines the meaning and form of, but is not itself to be considered marked with, an asterisk.